Legal Notices and general terms of use

1. Presentation of the site

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://bygiacomelli.com/ site are informed of the identity of the various parties involved in its creation and monitoring.

1.1 Site owner and publisher

The Giacomelli Weddingst site (hereinafter referred to as “the Site”), accessible at the address https://bygiacomelli.com/
is published by BY GIACOMELLI (hereinafter referred to as “the Publisher”),
a limited liability company with share capital of €1,000,
registered with the Villefranche-Tarare Trade and Companies Register under number 910569623,
whose registered office is located at 15 allée du Dalot, 69480 Pommiers,
and which can be contacted by the following means: 06 32 90 46 33 ; ml@bygiacomelli.com

1.2 Website editor Publication manager:
Marie-Laure Giacomelli
Contact: 06 32 90 46 33; ml@bygiacomelli.com

1.3 Website host
The Website is hosted by o2switch,
a EURL with share capital of 100,000 euros, whose registered office is located at 224 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand, France,
and which can be contacted on 04 44 44 60 40.

2. General terms and conditions of use of the site

Use of the Site implies full acceptance of the general conditions of use set out below. These conditions of use may be amended or supplemented at any time, and Users of the Site are therefore advised to consult them regularly.

The Site is updated regularly by the Publisher. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to read them.

3. Access to the site

The site is accessible free of charge from any location to any User with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) are at the User’s expense.

This site is normally accessible to Users at all times. However, the Publisher may decide to interrupt it for technical maintenance purposes.

4. Intellectual property rights

The Publisher is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logos, icons, sounds and software.

Any reproduction, representation, modification, publication or adaptation of all or part of the elements of this site, by any process whatsoever, without the express prior written authorisation of The Publisher, shall constitute an infringement punishable under article L 335-2 et seq. of the French Intellectual Property Code.

The User must request prior authorisation for any reproduction, representation, modification, publication, adaptation or copying of the various contents. The User undertakes to use the content of the site in a strictly private context; any use for commercial or advertising purposes is strictly prohibited.

In accordance with article L122-5 of the French Intellectual Property Code, Users who reproduce, copy or publish protected content must cite the author and source.

5. Services provided

The purpose of the Site is to provide information concerning the activities of the By Giacomelli company.

The information provided is presented for information purposes only and has no contractual value. The Publisher endeavours to provide information on the Site that is as accurate as possible and regularly updated. However, the Publisher may not be held liable for any omissions, inaccuracies or shortcomings in the updating of such information, whether caused by itself or by third-party partners supplying such information.

All information provided on the Site is given for information purposes only and is subject to change. Furthermore, the information provided on the Site is not exhaustive. It is given subject to modifications having been made since it was put on line.

6. Limitation of liability

The Publisher may not be held liable for any direct or indirect damage caused to the user’s equipment when accessing the Site.

Interactive areas (possibility to ask questions in the contact area) are available to users. The Publisher reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, the Publisher also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).

7. Hypertext links

The Site may contain hypertext links giving access to other websites published and managed by third parties and not by the Publisher. The Publisher may not be held responsible, directly or indirectly, in the event that the said third-party sites do not comply with the legal provisions and may not, under any circumstances, be held responsible for their content, and consequently will not assume any liability in this respect.

Privacy Policy

Definitions

  • The Publisher: The individual or legal entity that publishes online public communication services.
  • The Site: All sites, web pages and online services offered by the Publisher.
  • The User: The person using the Site and its services.

1. Nature of data collected

In France, personal data is protected by law no. 78-87 of January 6, 1978, law no. 2004-801 of August 6, 2004, article L. 226-13 of the Criminal Code and the European Directive of October 24, 1995.

When using the Site, personal data may be collected.

In the course of using the Site, the Publisher may collect the following categories of data concerning its Users:

  • Civil status, identity and identification data…
  • Personal data (lifestyle, family situation, etc.)
  • Connection data (IP addresses, event logs, etc.) 
  • Location data (movements, GPS, GSM data, etc.)

In any case, the Editor only collects personal information relating to the user for the purpose of certain services offered by the Site. Users provide this information with full knowledge of the facts, particularly when they enter it themselves. Site users are then informed whether or not they are required to supply this information.

2. Disclosure of personal data to third parties

Reporting to the authorities on the basis of legal obligations

On the basis of legal obligations, your personal data may be disclosed in application of a law, regulation or by virtue of a decision by a competent regulatory or judicial authority. In general, we undertake to comply with all legal rules that may prevent, limit or regulate the dissemination of information or the use of your personal data.

and in particular to comply with the French Data Protection Act no. 78-17 of January 6, 1978.

Communication to third-party partners

We may make certain personal data available to strategic partners working with us to provide products and services or to help us market our products to customers.

Communication to third parties with recipient restrictions

The personal data you provide when placing an order will be forwarded to our suppliers and subsidiaries for processing. 

Should your personal data be communicated to a third party, the third party’s confidentiality conditions will apply.

3. Data aggregation

Aggregation with non-personal data

We may publish, disclose and use aggregated information (information about all of our Users or specific groups or categories of Users that we combine in such a way that an individual User can no longer be identified or referred to) and non-personal information for industry and market analysis, demographic profiling, promotional and advertising purposes and other business purposes.

Aggregation with personal data available on the User’s social accounts

If you connect your account to another service’s account for the purpose of cross-mailing, that service may share your profile and login information with us, as well as any other information you have authorized to be shared. We may aggregate information about all of our other Users, groups, accounts, with the personal data available about the User.

4. Identity data collection

Free consultation

Consultation of the Site does not require prior registration or identification. You do not need to provide any personal data (surname, first name, address, etc.). We do not record any personal data for the simple purpose of consulting the Site.

5. Collection of identification data

Use of the user’s identifier for contact proposals and commercial offers

We use your electronic credentials to search for existing relationships by login, email address or services. We may use your contact information to enable others to find your account, including through third-party services and client applications. You may upload your address book so that we can help you find acquaintances on our network or so that other Users on our network can find you. We may make suggestions to you and other network Users based on contacts imported from your address book. We may work in partnership with companies that offer incentives. To support this type of promotion and incentive, we may share your electronic ID.

6. Terminal data collection

Technical data collection

We may collect and store technical data about your device (IP address, Internet access provider, etc.).

7. Cookies

Browsing the Site may cause cookies to be installed on the user’s computer.

A cookie is a small file which does not allow the user to be identified, but which records information relating to the navigation of a computer on a site. The data thus obtained is intended to facilitate subsequent browsing of the site, and is also used to measure visitor numbers.

Some cookies expire at the end of the User’s visit, while others remain.
 By browsing the site, the User accepts them.

Cookie retention period

In accordance with CNIL recommendations, cookies are kept for a maximum of 13 months after they are first stored on the User’s terminal, as is the period of validity of the User’s consent to the use of these cookies. The lifetime of cookies is not extended with each visit. The User’s consent must therefore be renewed at the end of this period.

Purpose of cookies

Cookies may be used for statistical purposes, in particular to optimize services rendered to the User, based on the processing of information concerning access frequency, page personalization, operations carried out and information consulted.

You are informed that the Publisher may place cookies on your terminal. The cookie records information relating to your browsing on the service (the pages you have consulted, the date and time of consultation, etc.) which we can read during your subsequent visits.

The User’s right to refuse cookies

Refusal to install a cookie may make it impossible to access certain services. However, the user may configure his or her computer as follows, to refuse the installation of cookies:

Internet Explorer: Tools tab (cog-shaped icon at top right) / Internet options. Click on Confidentiality and choose Block all cookies. Confirm with Ok.

Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: use custom settings for history. Finally, uncheck it to disable cookies.

On Safari: Click on the menu icon (symbolized by a cog) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. In the “Privacy” section, click on Content settings. In the “Cookies” section, you can block cookies.

Under Chrome: Click on the menu icon (symbolized by three horizontal lines) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. In the “Privacy” section, click on preferences. In the “Privacy” tab, you can block cookies.

You acknowledge that you have been informed that the Publisher may use cookies. If you do not wish cookies to be used on your terminal, most browsers allow you to disable cookies via the settings options.

8. Comment

When you leave a comment on the Site, the data entered in the comment form, as well as your IP address and your browser’s user agent, are collected to help us detect undesirable comments.

9. Contact form

By filling in the contact form, the User accepts that the information entered in this form may be used, exploited and processed to enable the User to be contacted again within the framework of the commercial relationship resulting from this contact.

10. Technical data retention

Technical data retention period

Technical data is kept for the time strictly necessary to achieve the above-mentioned purposes.

11. Personal data retention and anonymization periods

Data retention for the duration of the contractual relationship

In accordance with article 6-5° of French law no. 78-17 of January 6, 1978 on data processing, data files and individual liberties, personal data that is the subject of processing is not kept beyond the time required to fulfill the obligations defined when the contract was signed, or the predefined duration of the contractual relationship.

Retention of anonymized data beyond the contractual relationship / after account deletion

We keep personal data for the time strictly necessary to achieve the purposes described in these Privacy Policies. After this period, it will be anonymized and kept exclusively for statistical purposes, and will not be used in any way whatsoever.

Data deletion after 3 years of inactivity

For security reasons, if you have not logged in to the Site for a period of three years, you will receive an e-mail inviting you to log in as soon as possible, failing which your data will be deleted from our databases.

Personal data management

In accordance with the provisions of Articles 38 et seq. of the French Data Protection Act 78-17 of January 6, 1978, all Users have the right to access, rectify and object to any personal data concerning them, by sending a written and signed request, accompanied by a copy of the identity document bearing the signature of the bearer of the document, specifying the address to which the reply is to be sent.

12. Indications in the event of a security breach detected by the Editor

Informing the User in the event of a security breach

We undertake to implement all appropriate technical and organizational measures to guarantee a level of security appropriate to the risks of accidental, unauthorized or illegal access, disclosure, alteration, loss or destruction of your personal data. In the event that we become aware of unlawful access to your personal data stored on our servers or those of our service providers, or of unauthorized access resulting in the risks identified above, we undertake to :

Notify you of the incident as soon as possible; Examine the causes of the incident and inform you ;

Take reasonable steps to mitigate any adverse effects and damages that may result from the incident.

Limitation of liability

Under no circumstances may the undertakings set out above concerning notification in the event of a security breach be assimilated to any admission of fault or responsibility for the occurrence of the incident in question.

13. Transfer of personal data abroad

Transfer of data to countries with an equivalent level of protection 

The Publisher undertakes to comply with applicable regulations relating to the transfer of data to foreign countries, and in particular with the following procedures: The Publisher transfers the personal data of its Users to countries recognized as offering an equivalent level of protection.

The Publisher transfers the personal data of its Users outside countries recognized by the CNIL as having an adequate level of protection: The Publisher has obtained authorization from the CNIL to proceed with this transfer.

For a list of these countries: CNIL – Data protection around the world

https://www.cnil.fr/fr/la-protection-des-donnees-dans-le-mondehttps://www.cnil.fr/fr/la- data-protection-in-the-world

14. Modification of the privacy policy

In the event of modification of the present Privacy Policy, undertaking not to lower the level of confidentiality substantially without the prior information of the persons concerned.

We undertake to inform you in the event of substantial modification of the present Privacy Policy, and not to lower the level of confidentiality of your data substantially without informing you and obtaining your consent.

15. Applicable law and remedies

Arbitration clause

You expressly agree that any dispute arising out of or in connection with this Privacy Policy, including its interpretation or performance, shall be submitted to arbitration in accordance with the rules of the mutually agreed upon arbitration platform, to which you shall adhere without reservation.

Consumer Mediator

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, we offer a consumer mediation service. The chosen mediation body is: CNPM – MEDIATION DE LA CONSOMMATION. In the event of a dispute, you can submit your claim on its website: https://cnpm-mediation-consommation.eu or by post by writing to CNPM – MEDIATION – CONSOMMATION – 27 avenue de la libération – 42400 Saint-Chamond – France.

Applicable law 

This Privacy Policy is governed by French law. In the event of failure to resolve a dispute between the parties amicably, the French courts shall have sole jurisdiction.