Charter of Use - BROOKE MEELER

PREAMBLE

We are pleased to welcome you to our website. www.brookelynmeeler.com (hereinafter referred to as the “ Site ”).

This Charter of Use (hereinafter referred to as the “ CU ”) governs the terms of use of the Site, whether the User accesses it via a laptop, smartphone or any other computer medium.

 

ARTICLE 1 – PURPOSE

The purpose of the Site is to provide information concerning all of the activities of the company BROOKE MEELER (hereinafter referred to as the “ Company ”).

The Company strives to provide information on the Site that is as accurate as possible. Despite the care taken with the Site, the content, including in particular the photographs, texts reproduced illustrating the products presented, etc., may sometimes contain errors.

All information provided on the Site is provided for information purposes only, is subject to change and is not exhaustive.

The Company cannot be held responsible for errors, inaccuracies and deficiencies in updating the content of the Site, whether caused by itself or by Third Party partners who provide it with this information.

 

ARTICLE 2 – RESPONSIBILITIES

2.1.

Despite the care taken with the Site by the Company , the photographs and texts reproduced and illustrating in particular the Products presented, may sometimes contain errors.

The Company declines all responsibility:

·         For any interruption of the Site, occurrence of bugs, damage resulting from fraudulent intrusion by a Third Party resulting in a modification of the information made available on the Site;

·         In the event of temporary unavailability preventing access to the Site;

·         In the event of non-compliance by the User with the Charter of Use;

·         In the event of direct or indirect damage caused to the User's equipment when accessing the Site.

2.2.

The Site uses JavaScript technology. The Company shall not be held liable for any material damages related to the use of the Site. In addition, the User agrees to access the Site using virus-free hardware and an up-to-date browser.

The Site is hosted by a service provider within the European Union in accordance with the provisions of the General Data Protection Regulation. 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. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, improvement of its infrastructure, in the event of a failure of its infrastructure or if the services generate traffic deemed abnormal.

The Company and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the Site.

 

ARTICLE 3 – PROTECTION OF PERSONAL DATA

The Company implements processing of personal data.

Certain information is mandatory and necessary for the User to browse the Site. The personal information provided is recorded in a computerized file by the Company.

The Company processes or uses the User's data for the purposes of:

·         Contact him and ensure his requests are processed;

·         Allow navigation on the Site, management and traceability of the services ordered where applicable by the User (connection and site usage data, invoicing, order history, etc.);

·         Prevent and combat computer fraud (computer equipment used for browsing, IP address, etc.);

·         Improve navigation on the Site (connection and usage data);

·         Conduct optional satisfaction surveys;

·         Conduct communication campaigns (telephone number, email address).

The User's personal information is kept for a period which may not exceed two (2) years, unless:

·         The User exercises his right to delete data concerning him, under the conditions described below;

·         A longer retention period is permitted or imposed by legal or regulatory obligation.

During this period, the Company implements all means capable of ensuring the confidentiality and security of the User's personal data, so as to prevent their damage, deletion or access by unauthorized Third Parties.

Access to the User's personal data is strictly limited to the Company 's staff, and where applicable, to its subcontractors. The subcontractors in question are subject to an obligation of confidentiality and may only use the User's data in accordance with these contractual provisions and applicable legislation.

Apart from the cases set out above, the Company undertakes not to sell, rent, transfer or give access to Third Parties to the User's data without their prior consent, unless required to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defense, etc.).

In accordance with the French Data Protection Act of 6 January 1978, as amended, and European Regulation No. 2016/679/EU of 27 April 2016 (applicable from 25 May 2018), the User has the right to access, rectify, transfer and erase their data, or to limit processing. They may also, for legitimate reasons, object to the processing of their data.

The User may, subject to the production of valid proof of identity, exercise his rights via the “Contact” section ( see Article 5 ).

If the User does not wish to receive/no longer receive news, invitations and solicitations from the Company (by telephone, SMS, postal mail or electronic mail), he/she has the option to indicate this to the Company by contacting it by email via the “Contact” section ( see Article 5 ). The same applies if he/she does not wish to receive news, invitations or promotional offers from the Company’s partners.

For any additional information or complaint, the User can contact the National Commission for Information Technology and Civil Liberties (more information on www.cnil.fr ). Please note that there is a “Bloctel” telephone canvassing opt-out list, on which the User can register ( www.bloctel.gouv.fr) .

 

ARTICLE 4 – OWNERSHIP INTELLECTUAL

Use of the Site is reserved for strictly personal use.

The content of the Site is the exclusive property of the Company and its potential partners, and is protected by French and international laws relating to intellectual property. The Company is the owner of the intellectual property rights and holds the usage rights on all elements accessible on the Site, including texts, images, graphics, logos, videos, icons and sounds.

The Company reminds that any exploitation, reproduction, redistribution, representation, use, publication, adaptation or modification, partial or total, of any element of the Site, for any reason whatsoever, even partially, and whatever the means used, whether software, visual, textual or audio, is strictly prohibited, except with the prior, special and express authorization of the Company .

Any action contrary to this CU, including any failure to comply with the obligations defined above, may be qualified in particular as acts of unfair competition, misleading advertising or parasitism, and will be sanctioned in accordance with the provisions of the Intellectual Property Code, the Civil Code and the Commercial Code where applicable.

 

ARTICLE 5 – COMMUNICATIONS – INTERACTIONS

5.1. Communications - “Contact” section

Any communication within the framework of or in relation to these T&Cs will be made by email via the “Contact” section of the Site.

5.2. Interactions – “Customer Reviews” and “Comments” Sections

The User has the option to interact with the Company via the “Contact” section.

The User may also use the dedicated interactive spaces to give an opinion on a product and leave a comment, provided that they have purchased it on the Site. To do so, the User must enter their valid email address, name and review.

The User guarantees the sincerity and authenticity of his/her opinion and/or comment. He/she is prohibited from making inappropriate statements or statements contrary to the law and morality. Where applicable, the Company reserves the right to delete, without prior notice, any content posted in said spaces by the User that contravenes the legislation applicable in France, and to hold the User civilly and/or criminally liable.

 

ARTICLE 6 – PROCESSING OF COOKIES

When the User visits the Site, data may be stored in or retrieved from the User's browser, generally in the form of cookies. A cookie is a small file stored by a server in the User's terminal ( computer, telephone, etc. ) and associated with a web domain (i.e., in most cases, all the pages of the same website). This file is automatically sent back during subsequent contacts with the same domain.

This information may relate to the User, their preferences or their device, and is mainly used to ensure that the Site functions correctly. The information does not generally allow the User to be directly identified, but can allow them to benefit from a personalized web experience.

 

For more information, see the CNIL website: https://www.cnil.fr/fr/cookies-et-autres-traceurs .