Legal Notice
Definitions
Customer: any professional or capable individual within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Services: UNIQUE makes available to Customers:
Content: All elements constituting the information present on the Site, including texts – images – videos.
Customer information: Hereinafter referred to as “Information(s)” which correspond to all personal data likely to be held by UNIQUE for the management of your account, customer relationship management, and for analysis and statistical purposes.
User: Internet user connecting to, using the aforementioned site.
Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the individuals to whom they apply” (Article 4 of Law No. 78-17 of January 6, 1978).
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. Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the UNIQUE website are informed of the identity of the various parties involved in its creation and monitoring:
Owner: SAS UNIQUE Share capital of 10000€ VAT number: FR93893091249 – 23 RTE DE CHAMPAGNE 69370 SAINT DIDIER AU MONT D’OR
Publication manager: Laure VILLE – lville@unique-interieur.com
The publication manager is a natural person or a legal entity.
Webmaster: Laure VILLE – 04 28 29 04 03
Host: o2switch – 222-224 Boulevard Gustave Flaubert 63000 Clermont-Ferrand 04 44 44 60 40
Data Protection Officer: Laure VILLE – lville@unique-interieur.com
2. General terms and conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Customer may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.
The use of the UNIQUE site implies full and complete acceptance of the terms of use described herein. These terms of use are subject to change or completion at any time, so users of the UNIQUE site are invited to consult them regularly.
This website is normally accessible to users at any time. An interruption for technical maintenance may be decided by UNIQUE, which will then endeavor to communicate to users in advance the dates and times of the intervention. The UNIQUE website is regularly updated by UNIQUE responsible. Similarly, the legal notices may be modified at any time: they nevertheless apply to the user who is invited to refer to them as often as possible in order to review them.
3. Description of services provided.
The purpose of the UNIQUE website is to provide information concerning all of the company’s activities. UNIQUE strives to provide on the UNIQUE site information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in updating, whether by its own fault or due to third party partners who provide this information.
All information indicated on the UNIQUE site is given as an indication, and is subject to change. Furthermore, the information on the UNIQUE site is not exhaustive. It is given subject to modifications having been made since it was put online.
4. Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, containing no virus and with a latest generation updated browser. The UNIQUE site is hosted by a service provider in the European Union territory in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance purposes, improvement of its infrastructures, failure of its infrastructures, or if the Services generate traffic deemed abnormal.
UNIQUE and the hosting provider cannot be held responsible in case of malfunction of the Internet network, telephone lines or computer and telephone equipment related in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
UNIQUE owns the intellectual property rights and holds the usage rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited, except with prior written authorization from: UNIQUE.
Any unauthorized exploitation of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability.
UNIQUE acts as the publisher of the site. UNIQUE is responsible for the quality and truthfulness of the Content it publishes.
UNIQUE cannot be held responsible for direct and indirect damages caused to the user’s equipment, when accessing the UNIQUE website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
UNIQUE can also not be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the UNIQUE site. Interactive spaces (possibility to ask questions in the contact area) are available to users. UNIQUE reserves the right to remove, without prior notice, any content posted in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If necessary, UNIQUE also reserves the right to question the civil and/or criminal liability of the user, especially in case of racist, insulting, defamatory, or pornographic message, regardless of the medium used (text, photograph…).
7. Management of personal data.
The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for trust in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (GDPR: n° 2016-679).
7.1 Responsible for personal data collection
For Personal Data collected as part of the creation of the User’s personal account and navigation on the Site, the controller of Personal Data is: UNIQUE. UNIQUE is represented by Laure VILLE, its legal representative.
As the controller of the data it collects, UNIQUE undertakes to comply with the legal provisions in force. It is notably the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and clients, from the collection of their consent, with complete information on the processing of their personal data and to maintain a register of treatments in accordance with reality. Whenever UNIQUE processes Personal Data, UNIQUE takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which UNIQUE processes them.
7.2 Purpose of collected data
UNIQUE is likely to process all or part of the data:
- to enable navigation on the Site and the management and traceability of services ordered by the user: connection and usage data of the Site, billing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for browsing, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on UNIQUE: email address
- to conduct communication campaigns (sms, email): phone number, email address
UNIQUE does not commercialize your personal data which is therefore only used out of necessity or for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with European regulations in force, Users of UNIQUE have the following rights:
- right of access (article 15 GDPR) and rectification (article 16 GDPR), update, completeness of Users’ data right to lock or “erase Users’ personal data (article 17 of the GDPR), when” they are inaccurate, incomplete, equivocal, outdated, or whose 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 for data provided by Users, when this data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- right to define the fate of Users’ data after their death and to choose to whom UNIQUE should (or should not) communicate their data to a third party they have previously designated
As soon as UNIQUE becomes aware of a User’s death and in the absence of instructions from them, UNIQUE commits to destroy their data, unless its retention is necessary for evidentiary purposes or to comply with a legal obligation.
If the User wishes to know how UNIQUE uses their Personal Data, request to rectify it or object to its processing, the User can contact UNIQUE in writing at the following address:
UNIQUE – DPO, Laure VILLE
23 RTE DE CHAMPAGNE 69370 SAINT DIDIER AU MONT D’OR.
In this case, the User must indicate the Personal Data they would like UNIQUE to correct, update or delete, by clearly identifying themselves with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on UNIQUE by law, particularly in terms of conservation or archiving of documents. Finally, UNIQUE Users can file a complaint with the supervisory authorities, particularly the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
UNIQUE refrains from processing, hosting or transferring the Information collected on its Clients to a country located outside the European Union or recognized as “inadequate” by the European Commission without informing the client beforehand. However, UNIQUE remains free to choose its technical and commercial subcontractors provided they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
UNIQUE undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Client’s Information is brought to UNIQUE’s attention, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, UNIQUE does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of UNIQUE and subcontractors (service providers), exclusively to achieve the purposes of this policy.
Within the limits of their respective roles and for the purposes mentioned above, the main persons likely to have access to UNIQUE Users’ data are primarily agents of our customer service.
8. Incident notification
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. Consequently, we cannot guarantee absolute security. If we became aware of a security breach, we would notify the affected users so that they could take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all necessary information to help them meet their own regulatory reporting obligations.
No personal information of the UNIQUE site user is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the hypothesis of the purchase of UNIQUE and its rights would allow the transmission of said information to the potential buyer who would in turn be bound by the same obligation to store and modify data with respect to the user of the UNIQUE site.
Safety
To ensure the security and confidentiality of Personal Data and Personal Health Data, UNIQUE uses networks protected by standard devices such as firewalls, pseudonymization, encryption and password.
When processing Personal Data, UNIQUE takes all reasonable measures to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links “cookies” and internet tags (“tags”)
The UNIQUE site contains a certain number of hypertext links to other sites, set up with the authorization of UNIQUE. However, UNIQUE does not have the possibility of verifying the content of the sites thus visited, and will therefore assume no responsibility for this fact.
Unless you choose to disable cookies, you agree that the site may use them. You can disable these cookies at any time and free of charge using the deactivation options offered and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
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 do not risk damaging the User’s device in any way.
UNIQUE may process information about the User’s visit to the Site, such as pages viewed and searches performed. This information allows UNIQUE to improve the Site’s content and the User’s navigation.
Cookies facilitate navigation and/or the provision of services offered by the Site. The User can configure their browser to decide whether or not to accept them so that Cookies are stored in the terminal or, conversely, rejected, either systematically or according to their issuer. The User can also configure their browser software so that the acceptance or rejection of Cookies is offered occasionally, before a Cookie is likely to be stored in their terminal. UNIQUE informs the User that, in this case, it is possible that not all the features of their browser software will be available.
If the User refuses the storage of Cookies in their terminal or browser, or if the User deletes those stored there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when UNIQUE or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings, or the country from which the terminal appears to be connected to the Internet.
Where applicable, UNIQUE disclaims any responsibility for the consequences related to the degraded functioning of the Site and any services potentially offered by UNIQUE, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for UNIQUE to record or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow the User to know how to modify their wishes regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. UNIQUE may also use the services of external providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, LinkedIn and Google Plus appearing on UNIQUE’s Site or in its mobile application and if the User has accepted the deposit of cookies by continuing their navigation on the UNIQUE Website or mobile application, Twitter, Facebook, LinkedIn and Google Plus can also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only placed on your terminals if you consent to it, by continuing your navigation on the UNIQUE Website or mobile application. At any time, the User can nevertheless revoke their consent for UNIQUE to deposit this type of cookies.
Article 9.2. INTERNET “TAGS”
UNIQUE may occasionally employ Internet tags (also called “tags”, or action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a web analytics partner which may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These beacons are placed both in online advertisements allowing internet users to access the Site, and on the various pages of it.
This technology allows UNIQUE to evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the User’s use of this Site.
The external provider may eventually collect information about visitors to the Site and other websites through these tags, compile reports on the Site’s activity for UNIQUE, and provide other services related to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute relating to the use of the UNIQUE site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Lyon.