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Legal Notice — GardenCorner
Definitions
Customer: any professional or individual with legal capacity under applicable law, or any legal entity, who visits the website subject to these general conditions.
Products and Services: Désiré Olivier makes available to Customers an online shop offering garden corner sofa sets and outdoor furniture.
Content: all elements constituting the information present on the website, including texts, images and videos.
Customer Information: hereinafter referred to as "Information", corresponding to all personal data that may be held by Désiré Olivier for account management, customer relationship management and statistical analysis purposes.
User: any internet user connecting to and using the aforementioned website.
Personal Information: "information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies."
The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1. Website Presentation
In accordance with applicable legislation, users of the website gardencorner.co.uk are informed of the identity of the various parties involved in its creation and management:
Owner: GardenCorner, operated by Désiré Olivier — 60 Rue François 1er, 75008 Paris, France
Phone: +44 7397 938111
SIRET Number: 99208176000017
Publication Manager: Olivier Désiré — info@gardencorner.co.uk
Webmaster: Olivier Désiré — info@gardencorner.co.uk
Data Protection Officer: Olivier Désiré — info@gardencorner.co.uk
Host: Shopify Inc. — 151 O'Connor Street, Ground Floor, Ottawa, Ontario, K2P 2L8, Canada — Tel: 1-888-746-7439
2. General Terms of Use
This website constitutes a work protected by intellectual property law and applicable international regulations. The Customer may not in any way reuse, assign or exploit for their own account all or part of the elements or works of the website.
The use of gardencorner.co.uk implies full and complete acceptance of the general terms of use described herein. These terms of use may be modified or supplemented at any time. Users of gardencorner.co.uk are therefore invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance may however be decided by Désiré Olivier, who will endeavour to communicate the dates and times of the intervention to users in advance. The website gardencorner.co.uk is regularly updated by Désiré Olivier. Similarly, the legal notices may be modified at any time and are binding on the user, who is invited to refer to them as often as possible.
3. Description of Services
The website gardencorner.co.uk aims to provide information about all of the company's activities. Désiré Olivier endeavours to provide accurate information on gardencorner.co.uk. However, Désiré Olivier cannot be held responsible for omissions, inaccuracies or shortcomings in updates, whether caused by Désiré Olivier or by third-party partners who provide this information.
All information on gardencorner.co.uk is provided for information purposes only and is subject to change. Furthermore, the information on gardencorner.co.uk is not exhaustive and is provided subject to modifications made since it was published online.
4. Contractual Limitations on Technical Data
The website uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the website. Furthermore, the user of the website agrees to access the website using recent equipment, free of viruses, and with an up-to-date latest-generation browser.
The website gardencorner.co.uk is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).
The aim is to provide a service that ensures the best possible accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. It nonetheless reserves the right to interrupt the hosting service for the shortest possible periods, particularly for maintenance purposes, infrastructure improvements, infrastructure failures, or if the services generate abnormal traffic.
Désiré Olivier and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment, particularly due to network congestion preventing access to the server.
5. Intellectual Property and Counterfeiting
Désiré Olivier holds the rights of use over all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the website, by any means or process whatsoever, is prohibited without the prior written authorisation of Désiré Olivier.
Any unauthorised use of the website or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with applicable intellectual property legislation.
6. Limitations of Liability
Désiré Olivier acts as publisher of the website and is responsible for the quality and accuracy of the content it publishes.
Désiré Olivier cannot be held responsible for direct or indirect damage caused to the user's equipment when accessing the website gardencorner.co.uk, resulting either from the use of equipment not meeting the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Désiré Olivier cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website gardencorner.co.uk. Interactive spaces (such as a contact form) are available to users. Désiré Olivier reserves the right to delete, without prior notice, any content posted in these spaces that contravenes applicable legislation, particularly provisions relating to data protection. Where applicable, Désiré Olivier also reserves the right to hold the user civilly and/or criminally liable, particularly in the case of racist, offensive, defamatory or pornographic content, regardless of the medium used.
7. Personal Data Management
The Customer is informed of the regulations concerning marketing communications, as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Personal Data Collection Responsibilities
For Personal Data collected in the context of the creation of the User's personal account and their browsing on the website, the data controller is: Désiré Olivier. GardenCorner is represented by Désiré Olivier, its legal representative.
As data controller, Désiré Olivier undertakes to comply with the applicable legal framework. Désiré Olivier takes all reasonable measures to ensure the accuracy and relevance of Personal Data in relation to the purposes for which it is processed.
7.2 Purpose of Data Collected
Désiré Olivier may process all or part of the data:
To enable navigation on the website and to manage and track orders placed by the user: connection and website usage data, billing, order history, etc.
To prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed).
To improve navigation on the website: connection and usage data.
To conduct optional satisfaction surveys on gardencorner.co.uk: email address.
To conduct communication campaigns (SMS, email): phone number, email address.
Désiré Olivier does not sell your personal data, which is used only out of necessity or for statistical and analytical purposes.
7.3 Right of Access, Rectification and Opposition
In accordance with applicable European regulations, users of gardencorner.co.uk have the following rights:
Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of User data.
Right to lock or erase Users' personal data (Article 17 GDPR) when it is inaccurate, incomplete, ambiguous, outdated, or when its collection, use, communication or storage is prohibited.
Right to withdraw consent at any time (Article 13-2c GDPR).
Right to restriction of processing of Users' data (Article 18 GDPR).
Right to object to the processing of Users' data (Article 21 GDPR).
Right to data portability (Article 20 GDPR).
Right to define the fate of Users' data after their death.
If the User wishes to know how Désiré Olivier uses their Personal Data, request rectification or object to its processing, the User may contact gardencorner.co.uk in writing at the following address:
Olivier Désiré 60 Rue François 1er, 75008 Paris, France
In this case, the User must indicate the Personal Data they wish to have corrected, updated or deleted, identifying themselves clearly with a copy of a valid identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on Désiré Olivier by law, particularly regarding the retention or archiving of documents. Users of gardencorner.co.uk may also lodge a complaint with the relevant supervisory authority. In France, this is the Commission Nationale de l'Informatique et des Libertés (CNIL): https://www.cnil.fr/fr/plaintes. In the United Kingdom, this is the Information Commissioner's Office (ICO): https://ico.org.uk.
7.4 Non-Disclosure of Personal Data
Désiré Olivier undertakes not to process, host or transfer Information collected on its Customers to a country outside the European Union or not recognised as "adequate" by the European Commission, without first informing the customer. Désiré Olivier remains free to choose its technical and commercial subcontractors, provided they offer sufficient guarantees with regard to the requirements of the GDPR.
Désiré Olivier undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of Customer Information comes to the attention of Désiré Olivier, Désiré Olivier will inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, Désiré Olivier does not collect any "sensitive data".
Users' Personal Data may be processed by subsidiaries of Désiré Olivier and subcontractors (service providers), exclusively for the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes referred to above, the main persons likely to have access to the data of users of gardencorner.co.uk are primarily the agents of our customer service team.
8. Incident Notification
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we became aware of a security breach, we would notify the affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations at both national and European level. We undertake to fully inform our customers of all matters relating to the security of their account and to provide them with all the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of users of gardencorner.co.uk is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the hypothetical acquisition of gardencorner.co.uk and its rights would allow the transfer of said information to a potential acquirer, who would in turn be bound by the same obligation of conservation and modification of data with respect to users of gardencorner.co.uk.
Security
To ensure the security and confidentiality of Personal Data, gardencorner.co.uk uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, Désiré Olivier takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hyperlinks, Cookies and Internet Tags
The website gardencorner.co.uk contains a number of hyperlinks to other websites, set up with the authorisation of Désiré Olivier. However, Désiré Olivier has no means of verifying the content of the websites visited in this way and will therefore accept no responsibility in this regard.
Unless you choose to disable cookies, you agree that the website may use them. You can disable these cookies at any time, free of charge, using the options described below, although this may reduce or prevent access to some or all 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 within the User's device (e.g. computer, smartphone). This file includes information such as the User's domain name, Internet service provider, operating system, and the date and time of access. Cookies cannot damage the User's device in any way.
Désiré Olivier may process information about the User's visit to the website, such as the pages consulted and searches carried out. This information enables Désiré Olivier to improve the content of the website and the User's browsing experience.
As cookies facilitate navigation and the provision of services offered by the website, the User may configure their browser to decide whether or not to accept them, so that cookies are either stored on their device or rejected, either systematically or depending on their issuer. The User may also configure their browser so that they are offered the option to accept or refuse cookies on a case-by-case basis, before a cookie is stored on their device. Désiré Olivier informs the User that, in this case, some features of their browser software may not be available.
If the User refuses the storage of cookies on their device or browser, or deletes those already stored, the User is informed that their browsing experience on the website may be limited. This may also be the case when Désiré Olivier or one of its service providers is unable to recognise, for technical compatibility purposes, 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.
Where applicable, Désiré Olivier declines all responsibility for the consequences related to the degraded functioning of the website and any services offered by gardencorner.co.uk, resulting from the User's refusal of cookies or from the inability of Désiré Olivier to store or access the cookies necessary for their operation due to the User's choice.
9.2 Internet Tags
Désiré Olivier may occasionally use internet tags (also known as action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) deployed through a specialist web analytics partner who may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.
These tags are placed both in online advertisements enabling internet users to access the website, and on the various pages of the website.
This technology enables Désiré Olivier to evaluate visitor responses to 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 User's use of the website.
The external service provider may collect information about visitors to the website and other websites through these tags, compile reports on website activity for Désiré Olivier, and provide other services relating to the use of the website and the Internet.
10. Applicable Law and Jurisdiction
Any dispute relating to the use of gardencorner.co.uk is subject to French law. Except where the law does not permit it, exclusive jurisdiction is attributed to the competent courts of Paris.