Legal notices, CGU and confidentiality policy
Legal notices
EDITOR
The Candice Fouliard Photographe site (hereinafter “the Site”), accessible at the address https://www.candicefouliard.com/ is published by Candice FOULIARD (hereinafter “the Editor”), whose address is located 14 Rue de la Cavée, 95450 Seraincourt, France. It is registered in the trade directory, at the Chamber of Trades and Crafts of CERGY under number 508919834. The Editor can be contacted at the email address candice.fouliard@gmail.com or at the number 06 07 10 86 32.
WEBSITE HOST
The Candice Fouliard Photogaphe site is hosted by WIX.COM FRANCE SAS, 19 Boulevard Malesherbes, 75008 Paris, France, reachable at 0 892 97 66 41.
General Conditions of Use
Updated on: 04/11/2022
Preamble
Candice Fouliard Photographe is a web platform, available at candicefouliard.com (the “Site”).
This Site is published by Candice Fouliard, individual entrepreneur domiciled at 14 Rue de la Cavée, 95450 Seraincourt, France. This entrepreneur is registered with the Chamber of Trades and Crafts of CERGY under the identification number 508919834, (hereinafter “the Publisher”). Candice Fouliard is accessible to users (the “Users”).
Candice Fouliard Photographe is hosted by WIX, whose head office is located at WIX.COM FRANCE SAS, 19 Boulevard Malesherbes, 75008 Paris, France, reachable at 0 892 97 66 41.
The purpose of these General Conditions of Use (the “Conditions” or taken as a whole, the “Contract”) is to define the terms and conditions governing the relationship between Users and Candice Fouliard. In the event of non-compliance with the terms of these Conditions, Candice Fouliard reserves the right to take any measure likely to preserve its interests and in particular to ensure their execution.
Access and use of the site are subject to acceptance of and compliance with these General Conditions of Use.
The Publisher reserves the right to modify, at any time and without notice, the Site and services as well as these T&Cs, in particular to adapt to changes to the Site by the provision of new functionalities or the deletion or modification of the Site. modification of existing functionalities.
The User is therefore advised to refer before any navigation to the latest version of the General Conditions of Use accessible at any time on the Site.
These General Conditions of Use apply, as necessary, to any variation or extension of the Site on existing or future social and/or community networks.
Article 1: Purpose of the site
The Site allows the User to access the following services in particular: Sale of photographic services (the “Service(s)”).
Candice Fouliard, under these Conditions, grants Users a revocable, non-exclusive, non-transferable limited right of access to the Services on a strictly personal basis. Any use of the platform contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.
Article 2: Access to the site
To be eligible for the Service, the User may be a natural or legal person.
Candice Fouliard reserves the right to suspend or refuse access to one or more Users to the Site.
Article 3: Site management
The Publisher implements the necessary technical solutions to allow continuous access to the site for the User. However, it reserves the right to limit or suspend access to all or part of the Site at any time, and without notice. Such an interruption may in particular be made necessary for reasons of maintenance of the site or its content, or for any other reason deemed necessary for the proper functioning of the site by the Publisher.
Use of the Platform requires a connection and an internet browser. The platform is accessible at the following address: candicefouliard.com.
All hardware and software necessary for access to the Platform and use of the Services remain exclusively the responsibility of the User.
Article 4: Contact
The user has the possibility of contacting the Publisher for any questions or requests for information concerning the Site, or any report of illicit content or activities by email at candice.fouliard@gmail.com.
Article 5: Use of platform services
Users are prohibited from:
• transmit, publish, distribute, record or destroy any material, in particular the content of Candice Fouliard, in violation of the laws or regulations in force regarding the collection, processing or transfer of personal information;
• to disseminate data, information, or content of a defamatory, insulting, obscene, offensive, violent or inciting violence nature, or of a political, racist or xenophobic nature and in general any content that would be contrary to the laws and regulations in force or good morals;
• to reference or create links to any content or information available from Candice Fouliard's sites, except with the express, prior and written consent of Candice Fouliard;
• to use information, content or any data present on the Site in order to offer a service considered competitive to Candice Fouliard;
• to sell, exchange or monetize information, content or data present on the platform or Services offered by the Platform, without the express written consent of Candice Fouliard;
• reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code relating to any underlying intellectual property used to provide all or part of the Services;
• use software or manual or automated devices, coding robots or other means to access, explore, extract or index any page of the Site;
• to endanger or attempt to endanger the digital security of Candice Fouliard. This includes attempts to monitor, scan or test system or network vulnerability or to violate security or authentication measures without express prior authorization;
• counterfeit or use products, logos, brands or any other element protected by the intellectual property rights of Candice Fouliard;
• to simulate the appearance or operation of the Site, for example by carrying out a mirror effect;
• disrupt or disrupt, directly or indirectly, Candice Fouliard, or impose a disproportionate load on the infrastructure of the Site, or attempt to transmit or activate computer viruses via or on the Site;
Please note that violations of system or network security may lead to civil and criminal prosecution. Candice Fouliard verifies the absence of such a violation and may call on the judicial authorities to prosecute, if necessary, Users who have participated in such violations.
Users undertake to use the Site fairly, in accordance with its purpose and the legal and regulatory provisions, these Conditions and current practices.
Article 6: Intellectual property
All brands, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications which could be used to operate the Site, and more generally all elements reproduced or used on the Site , are protected by the laws in force regarding intellectual property.
They are the full and complete property of the Publisher or its partners, unless otherwise noted. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Publisher, is strictly prohibited. The fact that the Publisher does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.
Only use for private use within a family circle is authorized and any other use constitutes counterfeiting and/or infringement of neighboring rights, punishable by the Intellectual Property Code.
The reproduction of all or part of this content requires the prior authorization of the Publisher or the holder of the rights to this content.
Article 7: Personal data
All personal data available to Candice Fouliard is collected legally and fairly according to the terms of the confidentiality policy accessible at this address: https://www.candicefouliard.com/mentionslegales.
This data is provided by Users who voluntarily and expressly accept these Conditions authorizing Candice Fouliard to process, disclose or transfer this data to any third party in order to allow (i) the User to fully benefit from the Services and functions offered by the Site, (ii) prevent any fraud and/or (iii) for statistical purposes.
Personal data is stored by Candice Fouliard for processing in the context of the use of the Services. They are kept for as long as necessary for the provision of the Services and functions offered by the Site.
The User always remains the owner of the information concerning him which he transmits to Candice Fouliard. He has, in accordance with Law No. 78-17 of January 6, 1978 according to its consolidated version as of March 24, 2020, a right of access, rectification and deletion of personal data concerning him, as well as the right to oppose the communication of this data to third parties for good reason.
The User may exercise their rights by writing to the following email address: candice.fouliard@gmail.com.
A response to the User's request will be sent to them within 30 days.
Article 8: Liability
Please note that the data published by Users and the information shared by them may be captured and used by other Users or third parties. In this sense, Candice Fouliard does not guarantee respect for the ownership of this data; it is the responsibility of the User to take all necessary measures to ensure that the ownership of their data is preserved.
Candice Fouliard does not guarantee the operation without interruption or without operating errors of the Services, in particular, Candice Fouliard cannot be held responsible in the event of interruption of access to the Platform due to maintenance operations, updates updates or technical improvements.
In any event, Candice Fouliard cannot under any circumstances be liable for indirect or unforeseeable losses or damages of the User or any third party, which includes in particular any missed profits, any unfortunate investments, inaccuracies or corruption of files. or data, image or commercial damage, loss of turnover or profit, loss of customers or loss of opportunity linked to any reason and on any basis whatsoever.
Furthermore, Candice Fouliard cannot be held responsible for any delay or non-performance of this Contract justified by a case of force majeure, as defined by the case law of the French courts and tribunals.
Article 9: Evidence agreement
The computer systems and files are authentic in the relationship between Candice Fouliard and the User.
Thus, Candice Fouliard may validly produce in the context of any procedure, for the purposes of proof, data, files, programs, recordings or other elements, received, transmitted or preserved by means of the computer systems operated, on all digital or analog media, and avail themselves of it unless there is a manifest error.
Article 10: Indivisibility
The fact that any provision of the Contract is or becomes illegal or unenforceable will in no way affect the validity or applicability of the other provisions of the Contract.
Article 11: Settlement of disputes
The conclusion, interpretation and validity of this Contract are governed by French law, regardless of the country of origin of the User or the country from which the User accesses Candice Fouliard and notwithstanding the principles of conflicts of laws.
In the event that a dispute relating to the validity, execution or interpretation of this Contract is brought before the civil courts, it will be subject to the exclusive jurisdiction of the French courts to which jurisdiction is expressly granted, even in the event of summary proceedings or multiple defendants.
The User is informed that he can in any case resort to conventional mediation or any alternative method of dispute resolution (conciliation for example) in the event of a dispute.
Article 12: Duration of the general conditions of use
These general conditions of use are concluded for an indefinite period, the User is required to respect them from the start of their use of the Services.
The Publisher reserves the right to modify this document at any time and without notice. Users will be informed of each update of the document.
Privacy policy
By Candice Fouliard Photographer
Document updated on 04/11/2022
Candice Fouliard Photographer and her partners respect your privacy.
We ask you to read this privacy policy carefully to understand how your personal data is collected, processed and stored during your use of this Candice Fouliard Photographe website, accessible via the url https://www.candicefouliard. com.
All personal data collected on this website are processed on the legal basis of consent and contract, under the responsibility of the entrepreneur Candice Fouliard, registered with the Chamber of Trades and Crafts of CERGY under the number 508919834.
Within the meaning of the regulations applicable to personal data, Candice Fouliard Photographe is therefore responsible for processing.
This privacy policy describes:
1. How Candice Fouliard Photographe uses your personal data
2. How Candice Fouliard Photographe shares your personal data
3. How Candice Fouliard Photographe protects your personal data
4. Where Candice Fouliard Photographe hosts and transfers your personal data
5. Cookies and hyperlinks
6. How you can exercise your rights relating to your personal data
7. Privacy Policy Updates
8. How to contact us
I. How Candice Fouliard Photographe uses your personal data
Candice Fouliard Photographe may use your personal data for the following purposes:
Create your customer account on this website
Manage orders for products and/or services
Publish and manage reviews left on products and/or services ordered on this website
Send you our newsletter, if you are subscribed to it or inform you of the latest news and promotional offers Respond to your contact request made from our website
Most of the processing listed above is necessary for the execution of the contract entered into with Candice Fouliard Photographe when you use our website to order the products and/or services available for sale on the site.
The processing of your personal data in order to send you our newsletter is, however, based solely on your consent to receive our newsletter, which you can withdraw at any time. If you do not consent to the sending of the newsletter, please note that this will not prevent you from creating your customer account and placing orders on our website.
II. How Candice Fouliard Photographe shares your personal data
Personal data concerning you is collected, processed and stored by Candice Fouliard Photographe, solely in the context of its activity.
We do not share personal data with other companies, organizations and individuals unless one of the following circumstances applies:
(1) Sharing with prior consent: after obtaining your consent, Candice Fouliard Photographe will share the information that you have authorized with the third parties or categories of specific third parties informed when collecting your consent.
(2) Sharing with our service providers: Candice Fouliard Photographe may also disclose your information to companies that provide services for us or on our behalf. These service providers include companies that offer IT services, such as our hosting provider or our email sending service provider, delivery services for our products, or that offer marketing activities on our behalf. These service providers may use your information solely for the purpose of providing services to you on behalf of Candice Fouliard Photographe.
(3) In fulfillment of a legal obligation, sharing in accordance with laws and regulations: Candice Fouliard Photographe, may share your information as required by laws and regulations, to resolve legal disputes, or as so stipulated by the judicial or administrative authorities under the law. Candice Fouliard Photographe will ensure the legality of any sharing of personal data via data processing clauses with the companies with which your personal data is shared, requiring them to comply with this privacy policy and take security measures and confidentiality when processing personal data.
III. How Candice Fouliard Photographe protects your personal data
Candice Fouliard Photographe attaches great importance to the security of your personal data and has adopted standard industry practices to protect your personal data and prevent unauthorized access, disclosure, use, modification, damage or loss of this information.
We have also taken the necessary precautions to preserve, through our host, the security and confidentiality of the data, and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons.
Candice Fouliard Photographe also adopts the following organizational measures:
(1) We take reasonable and feasible measures to ensure that the personal data collected is minimal and relevant as necessary, having regard to the purposes for which it is processed.
(2) We retain your personal data for the period strictly necessary for the purpose of the processing, unless retention of your data is required or permitted by law. For example, we keep data related to the execution of your orders for the period required by law for the conservation of accounting records, namely a maximum of 10 years from the financial year concerned.
(3) We deploy access control mechanisms to ensure that only authorized personnel can access your personal data.
In the event of a personal data breach, Candice Fouliard Photographe will comply with the legal and regulatory requirements applicable to the notification of personal data breaches to the competent supervisory authorities and/or the persons concerned.
IV. Where Candice Fouliard Photographe hosts and transfers your personal data
Your personal data will be hosted within the hosting infrastructures of our host, WIX, located in France.
Where such transfers exist, we ensure that these transfers of personal data are regulated in accordance with the applicable regulations in order to ensure an adequate level of data protection, either by an adequacy decision of the European Commission, or through legal instruments such as data transfer contracts incorporating the Standard Contractual Clauses of the European Commission.
For any queries regarding recipients and data transfers that we carry out outside the European Union, please contact us at the addresses indicated in the “How to contact us” section below.
V. Cookies and hypertext links
The Site may use the technique of “cookies” as defined by the CNIL as follows: "A cookie is a small file stored by a server in a user's terminal (computer, telephone, etc.) and associated with a web domain (that is to say in the majority of cases to all pages of the same website).
This file is automatically returned on subsequent contacts with the same domain.
Cookies have multiple uses: they can be used to memorize your customer identifier with a merchant site, the current content of your shopping cart, the language in which the web page is displayed, an identifier allowing your navigation to be traced for statistical or advertising purposes, etc. ".
Information from the official CNIL website (https://www.cnil.fr/fr/glossaire)
These cookies aim to facilitate user navigation and improve the quality of the service offered, by collecting statistical and traffic information.
The use of these cookies is brought to the user's attention through a banner asking for their consent.
If the user consents, this consent is considered valid for a maximum period of thirteen (13) months.
If the user does not consent to the use of cookies, the Publisher cannot guarantee an optimal experience on the Site.
The following cookies are used on the Site:
XSRF-TOKEN, hs, svSession, SSR-caching, _wixCIDX, _wix_browser_sess, consent-policy, smSession, TS*, bSession, fedops.logger.X, wixLanguage.
You have the option to delete your cookies. However, each time a new visitor comes to the site, a new cookie will be set up.
Internet Explorer 1. In the “Tools” menu, select “Internet Options” 2. In the “General” or “browsing history” tab, click on the “Delete cookies” button and validate
Firefox 1. In the “Tools” menu, “Internet Options” submenu, select “Clear My Tracks” 2. Select “cookies” and validate
Chromium 1. In the “settings” menu select “history” 2. Check the “delete cookies” box then validate
The Site may contain hypertext links giving access to other websites published and managed by third parties and not by the Publisher. The Publisher cannot be held responsible directly or indirectly in the event that said third party sites do not comply with legal provisions.
The creation of hypertext links to the Site can only be done with the prior written authorization of the Publisher.
VI. How you can manage your rights relating to your personal data
You have a right of access, rectification, erasure, limitation, opposition concerning the processing of your personal data as well as the right to define directives relating to the fate of your data after your death and the right to the portability of your personal data.
You can contact us at any time at the addresses indicated in the “How to contact us” section below in order to exercise your rights regarding personal data under the conditions set by the applicable regulations. You must indicate which right you intend to exercise as well as all the necessary details so that we can respond to your request.
These rights are exercised under the conditions set by the applicable regulations.
The right of access means that you can ask us at any time to tell you whether we are processing personal data concerning you and, if so, to tell you what personal data are concerned as well as the characteristics of the processing(s) carried out.
The right to rectification means that you can ask us to rectify your personal data when it is inaccurate. You can also request that your personal data, if incomplete, be completed to the extent that this is relevant to the purpose of the processing in question.
The right to erasure means that you can request to erase your personal data in particular when:
Their conservation is no longer necessary in view of the purposes for which they were collected;
Your personal data is processed on the basis of your consent, you wish to withdraw this consent, and there is no other legal basis capable of justifying the processing;
You have objected to the processing of your personal data and you therefore wish them to be erased; Your personal data has been the subject of unlawful processing;
Your personal data must be erased to comply with a legal obligation which is provided for either by European Union law or by French law.
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The right to limitation means that you can ask us to limit the processing of your personal data:
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When you contest the accuracy of your personal data for a period allowing us to verify their accuracy;
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When following processing established as non-compliant, you prefer limitation of processing to complete erasure of your personal data;
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When we no longer need your personal data for the purposes of processing but they are still necessary for the establishment, exercise or defense of legal rights;
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When you have objected to the processing of your personal data and you wish to limit the processing for the period allowing us to verify whether the legitimate reason you invoke is justified.
Restriction of processing means that the processing of your personal data will then only mean the storage of your corresponding personal data. We will then no longer carry out any further operations on the personal data in question.
• The right to object means that you can object to the processing of your personal data, when this processing is based on the pursuit of the legitimate interests of Candice Fouliard Photographe. The right to object is exercised subject to providing a legitimate reason relating to your particular situation. We will then cease the processing in question unless there are legitimate and compelling reasons justifying continuation in accordance with the applicable regulations.
• The right to define directives relating to the fate of your data after your death allows you to make known your instructions concerning the conservation, erasure and communication of your personal data after your death.
• The right to portability means that you can ask us, under the conditions set by applicable regulations, to receive your personal data in a structured, commonly used and machine-readable format, and to transmit them to you, or to ask us to transmit them directly to a third party of your choice when legally and technically possible.
When we process your personal data on the basis of your consent, you finally have the option to withdraw your consent at any time by contacting the addresses indicated in the 'How to contact us' section or by clicking on the unsubscribe link present in each of our communications.
However, the withdrawal of your consent does not call into question the validity of the processing carried out before this withdrawal.
VII. Updates to this privacy policy
Candice Fouliard Photographe reserves the right at any time to modify or update, in whole or in part, this confidentiality policy, due to the modification of the regulations applicable to the protection of personal data or data processing carried out.
Any substantial modification of the confidentiality policy will be notified to you by e-mail when you have provided us with a valid e-mail address and will be published on the website. We recommend that you regularly read this confidentiality policy in order to have full knowledge of our commitments in terms of security and protection of your personal data.
VIII. How to contact us
If you have any questions, comments or suggestions, please contact us by visiting the contact us page or submitting them to candice.fouliard@gmail.com. Or by post to 14 Rue de la Cavée, 95450 Seraincourt, France. If you are not satisfied with the response provided by Candice Fouliard Photographe to a request to exercise rights in accordance with article V above or you wish to report a violation of the applicable data protection regulations, you have the right to lodge a complaint with the CNIL by mail (CNIL - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07) or on its website (www.cnil.fr), or with the authority data protection regulations of the country in which you usually reside or work.