Legal notice
Definitions
Customer: any professional or capable natural person within the meaning of articles 1123 et seq. of the Civil Code, or legal person, who visits the Website subject to these general conditions.
Offers and Services: https://www.distillerie-des-moisans.com provides Customers with:
Content: all components constituting the information present on the Website, in particular texts, images and videos.
Customer information: hereinafter referred to as "Information", corresponding to all personal data that may be held by https://www.distillerie-des-moisans.com for the management of customer accounts, the management of the customer relationship, and for the purposes of analysis and statistics.
User: Internet user connecting to and using the above-named website.
Personal information: "Information that identifies, in any form whatsoever, directly or indirectly, the natural persons to whom it pertains" (Article 4 of Law n° 78-17 of 6 January 1978).
The terms "personal data", "data subject", "processor" and "sensitive data" are defined by the General Data Protection Regulations (GDPR: No. 2016-679)
1. Presentation of the website.
Under Article 6 of Law n° 2004-575 of 21 June 2004 on Trust in the Digital Economy, users of the website https://www.distillerie-des-moisans.com shall be informed of the identity of the different parties involved in the creation and monitoring of the website:
Owner: ESTABLISSEMENTS TLBM Share capital of €4 367 948,00 VAT number: FR61631820057 – 9 Impasse des Chais 16440 SIREUIL
Publication Manager: Olivier Petit – opetit@moisans.com
The publication manager is a natural or legal person.
Agency: Fish & Geek
Development / Webmaster: 16h33 – contact@16h33.fr
Host: Infomaniak - 26 Avenue de la Praille 1227 Geneva +41 22 820 35 44
Data Protection Officer: Olivier Petit – opetit@moisans.com
2. General Terms and Conditions of Use for the website and the services offered.
The Website is an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Customer may in no way reuse, transfer or exploit for his or her own use the components or works of the Website, either in part or in full.
Use of the website https://www.distillerie-des-moisans.com implies full and complete acceptance of the General Terms and Conditions of Use described below. These conditions can be amended or supplemented at any time; users of the website https://www.distillerie-des-moisans.com are advised to consult them on a regular basis.
This website is permanently accessible to users. However, interruptions due to technical maintenance can be decided by https://www.distillerie-des-moisans.com who will endeavor to inform users in advance of the dates and hours of maintenance. The website https://www.distillerie-des-moisans.com is regularly updated by the manager of https://www.distillerie-des-moisans.com. The legal notice can thus be modified at any time: it is nonetheless binding to users, who are advised to consult it as often as possible to remain informed of its contents.
3. Description of services provided.
The purpose of the website https://www.distillerie-des-moisans.com is to provide information on all the activities of the company. On its website, https://www.distillerie-des-moisans.com strives to provide information that is as accurate as possible. However, https://www.distillerie-des-moisans.com cannot be held liable for any omissions, inaccuracies or lack of updates, whether of their fault or of third-parties providing the information.
All information presented on the website https://www.distillerie-des-moisans.com is provided for informational purposes only and is subject to change. Furthermore, the information on the website https://www.distillerie-des-moisans.com is not exhaustive and is subject to changes that may have been made since it was put online.
4. Contractual limitations on technical data.
The website uses JavaScript technology. The website cannot be held liable for material damage related to its use. In addition, the user agrees to access the website using a recent, virus-free device, with an updated, latest-generation web browser. The website https://www.distillerie-des-moisans.com is hosted by a provider in the European Union in accordance with the provisions of the General Data Protection Regulations (GDPR: n° 2016-679)
The website aims to provide a service with the highest possible rate of accessibility. The host ensures the continuity of this service, 24 hours a day, every day of the year. However, https://www.distillerie-des-moisans.com reserves the right to interrupt access for short periods of time, in particular for technical maintenance, infrastructure improvements or failures, or if the Offers and Services generate an unusual level of traffic.
https://www.distillerie-des-moisans.com and the host cannot be held liable in the event of malfunctions of the Internet network, of telephone lines, or of computer and telephone equipment, in particular related to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://www.distillerie-des-moisans.com is the owner of the intellectual property rights and detains the rights of use of all accessible components of the website, including texts, images, graphics, logos, videos, icons, and audio. Any reproduction, representation, modification, publication or adaptation of all or part of the components of the website, by any process whatsoever, is prohibited, except with express written permission by: https://www.distillerie-des-moisans.com.
Any unauthorized use of the website, or any of the components contained therein, will be considered as a punishable offense, and prosecuted in accordance with the provisions of Articles L. 335-2 and seq. of the French Intellectual Property Code.
6. Limitations of liability.
https://www.distillerie-des-moisans.com acts as the publisher of the website. https://www.distillerie-des-moisans.com is responsible for the quality and truthfulness of the Content it publishes.
https://www.distillerie-des-moisans.com cannot be held responsible for direct or indirect damage to the user's equipment when accessing the website https://www.distillerie-des-moisans.com, resulting either from the use of equipment which does not meet the specifications indicated in section 4 or from the occurrence of a bug or incompatibility.
https://www.distillerie-des-moisans.com also cannot be held liable for any indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website https://www.distillerie-des-moisans.com. Interactive sections (questions on the contact page) are available to users. https://www.distillerie-des-moisans.com reserves the right to delete, without prior notice, any content posted in this section that violates applicable legislation in France, in particular provisions relating to data protection. If necessary, https://www.distillerie-des-moisans.com also reserves the right to challenge the user's civil and/or criminal liability, in particular in the case of a racist, abusive, defamatory, or pornographic message, regardless of the medium used (text, photography, etc.).
7. Personal data management.
The Customer is informed of marketing communications regulations: the Law of 21 June 2014 relating to Trust in the Digital Economy, the Data Protection Act of 6 August 2004 as well as the General Regulation on Data Protection (GDPR: n° 2016-679).
7.1 Persons responsible for collecting personal data
Personal Data collected in the context of creating the user's personal account or during navigation of the website is processed by: ESTABLISSEMENTS TLBM. https://www.distillerie-des-moisans.com is represented by Olivier Petit, its legal representative
https://www.distillerie-des-moisans.com is responsible for processing the data it collects and commits to respecting current legislation. https://www.distillerie-des-moisans.com will define the purposes of its data processing and, once potential clients and current customers have consented, will supply them with complete information on the processing of their personal data and will maintain an accurate register of processing operations. Each time that https://www.distillerie-des-moisans.com processes Personal Data, https://www.distillerie-des-moisans.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which https://www.distillerie-des-moisans.com processes them.
7.2 Purpose of the data collected
https://www.distillerie-des-moisans.com may process all or part of the data:
to enable navigation on the Website and to manage and trace the offers and services ordered by the user: login information and website usage information, billing, order history, etc.
to prevent and fight against computer fraud (spamming, hacking, etc.): device used for browsing, IP address, password (hashed)
to improve navigation on the Website: login and usage data
to conduct optional satisfaction surveys on https://www.distillerie-des-moisans.com: email address
to conduct communication campaigns (SMS, email): phone number, email address
https://www.distillerie-des-moisans.com does not sell your personal data, which is only used for necessary, statistical, or analytical purposes.
7.3 Right to access, rectification and opposition
In accordance with current European regulations, users of https://https://www.distillerie-des-moisans.com have the following rights:
right to access (Article 15 GDPR) and rectification (Article 16 GDPR), to update and complete User data. Right to block or delete personal User data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, or conservation is prohibited
right to withdraw consent at any time (Article 13-2C GDPR)
right to limit the processing of User data (Article 18 GDPR)
right to object to the processing of User data (Article 21 GDPR)
right to the portability of data that users have provided, when these data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
right to decide what happens to User data after the death of the user, and the right to choose to whom https://www.distillerie-des-moisans.com must communicate (or not) his or her data, to a third party that he or she has previously chosen.
As soon as https://www.distillerie-des-moisans.com becomes aware of the death of a user, and in the absence of instructions from said user, https://www.distillerie-des-moisans.com will delete data pertaining to the user, unless its conservation is necessary for evidentiary purposes or to comply with legal obligations.
If a User wants to know how https://www.distillerie-des-moisans.com uses personal data, or wants to modify them or objects to their processing, the User can contact https://www.distillerie-des-moisans.com in writing at the following address:
ETABLISSEMENTS TLBM – DPO, Olivier Petit
In this case, the user must indicate the personal data that https://www.distillerie-des-moisans.com needs to correct, update or delete, and provide proper identification (ID card or passport).
Requests for the deletion of Personal Data are subject to the obligations imposed on https://www.distillerie-des-moisans.com by law, particularly with regard to the conservation or archiving of documents. Finally, users of https://www.distillerie-des-moisans.com may file a complaint with the competent authorities, in particular the CNIL (https://www.distillerie-des-moisans.com).
7.4 Non-disclosure of personal data
https://www.distillerie-des-moisans.com will not process, host, or transfer information collected about its Customers to a country outside the European Union or to a country recognized as "unsuitable" by the European Commission without first informing the customer. However, https://www.distillerie-des-moisans.com is free to choose its technical and commercial subcontractors, provided that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://www.distillerie-des-moisans.com commits to taking all necessary precautions to preserve the security of the Information it collects, in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Customer Information is brought to the attention of https://www.distillerie-des-moisans.com, they shall inform the Customer as soon as possible and inform him or her of the corrective measures taken. Furthermore, https://www.distillerie-des-moisans.com does not collect any "sensitive data".
The User's Personal Data may be processed by subsidiaries of https://www.distillerie-des-moisans.com and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
The persons likely to have access to user data of the website https://www.distillerie-des-moisans.com are mainly our customer service agents, within the limits of their responsibilities and for the purposes mentioned above.
8. Incident Notification
Despite the best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, both at the national and European levels. We are committed to fully informing our customers of all account security issues and providing them with all the necessary information so they can meet their own regulatory reporting obligations.
No personal information of the users of the website https://www.distillerie-des-moisans.com is published without the user's knowledge, nor is the information exchanged, transferred, ceded or sold in any form to third parties. Only the sale of https://www.distillerie-des-moisans.com and its rights would allow for the transmission of the aforementioned information to the potential purchaser, who would in turn be bound by the same obligations regarding the conservation and modification of data with respect to the users of the website https://www.distillerie-des-moisans.com
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.distillerie-des-moisans.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing personal data, https://www.distillerie-des-moisans.com takes all reasonable measures to protect against loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hyperlinks "cookies" and Internet tags
The website https://www.distillerie-des-moisans.com contains hyperlinks to other websites, inserted with the permission of https://www.distillerie-des-moisans.com. However, https://www.distillerie-des-moisans.com cannot verify the content of the websites visited using these links, and can therefore assume no liability.
Users accept that the website may use cookies unless they are deactivated by the user. Cookies can be disabled at any time, free of charge, using the deactivation possibilities listed below. Doing so may reduce or prevent access to all or part of the Services offered by the website.
9.1. COOKIES
A "cookie" is a small information file sent to the User's browser and stored on the User's device (e.g. computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet service provider, the User's operating system, and the date and time of access. Cookies in no way risk damage to the user's device.
https://www.distillerie-des-moisans.com may process the User's information regarding the visit to the Website, such as the pages viewed, and searches made. This information allows https://www.distillerie-des-moisans.com to improve website content and user navigation.
Cookies facilitate navigation and/or the provision of services offered by the Website. Users can configure their browser to either accept that Cookies be stored on their device or to block them, either systematically or according to their issuer. Users can also configure their browser in such a way that the user is asked each time to accept or reject a Cookie before it can be stored on the device. https://www.distillerie-des-moisans.com informs the user that, in this case, not all the features of their browser may be available.
If the user blocks Cookies on his or her device or browser, or if the user deletes saved Cookies, the user is informed that the navigation and experience on the website may be limited. This could also be the case when https://www.distillerie-des-moisans.com or one of its providers cannot recognize, for technical compatibility reasons, the type of browser used by the device, the language and display settings, or the country from which the device appears to be connected to the Internet.
https://www.distillerie-des-moisans.com declines any responsibility for the consequences related to the reduced operation of the Website and of the services offered by https://www.distillerie-des-moisans.com resulting (i) from the refusal of Cookies by the user (ii) from the impossibility for https://www.distillerie-des-moisans.com to save or consult the Cookies necessary for their operation due to the choices of the user. The management and configuration of Cookies and user preferences is different in each browser. The process is described in the help menu of the browser, which will allow users to modify preferences regarding Cookies.
The User can choose or modify Cookie preferences at any time. https://www.distillerie-des-moisans.com may also use the services of external providers to assist in collecting and processing the information described in this section.
Finally, by clicking on the icons for the social networks Twitter, Facebook, LinkedIn and Google Plus listed on the website of https://www.distillerie-des-moisans.com or in its mobile application, and if the user has accepted the use of cookies by continuing to browse the website or the mobile application of https://www.distillerie-des-moisans.com, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your device (computer, tablet, mobile phone).
These types of cookies are only stored on your device if consent is given by continuing navigation on the website or mobile application of https://www.distillerie-des-moisans.com. The user may nevertheless withdraw consent to https://www.distillerie-des-moisans.com at any time for the use of this type of cookies.
Article 9.2. INTERNET TAGS
https://www.distillerie-des-moisans.com may occasionally use Internet tags (also called tags, action tags, one-pixel GIF, transparent GIF, invisible GIF and one-to-one GIF) via a web analytics partner that may be located in a foreign country (and thus store the corresponding information, including the user's IP address).
These tags are placed both in online advertisements allowing internet users to access the Website, and in the different pages of the Website.
This technology allows https://www.distillerie-des-moisans.com to evaluate user behavior on the Website and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Website by the user.
The external service provider may collect information about visitors to the Website and other websites using these tags, compile reports on website activity for https://www.distillerie-des-moisans.com, and provide other services related to the use of the website and the Internet.
10. Applicable law and jurisdiction.
Any dispute in connection with the use of the website https://www.distillerie-des-moisans.com is subject to French law. Apart from cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Angoulême
Information on online dispute resolution in accordance with Art. 14 paragraph 1 of the ODR (Online Dispute Resolution):
The European Commission helps consumers resolve online disputes using one of its platforms, in accordance with Article 14 paragraph 1 of the ODR. The platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN) is as a website where consumers can try to settle disputes out of court that arise from the online purchase of goods or services.
Information on online dispute resolution in accordance with Art. 14 paragraph 1 of the ODR (Online Dispute Resolution):
The European Commission helps consumers resolve online disputes using one of its platforms, in accordance with Article 14 paragraph 1 of the ODR. The platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN) is as a website where consumers can try to settle disputes out of court that arise from the online purchase of goods or services.