Privacy

Respecting your privacy is essential to us!

TERMS AND CONDITIONS OF USE

The purpose of these general terms and conditions of use (hereinafter "GTCU") is to establish the conditions for accessing the "lesbijouxchics.fr" website (hereinafter "the Site") and for using the services offered on the Site (hereinafter "Services").

The Site is published and operated by ELORATHIE, headquartered at 108 avenue de Flandre in WASQUEHAL (59290) - hereinafter referred to as "the Company", a simplified joint stock company with a capital of 2,000 euros, registered with the RCS of LILLE METROPOLE under number 893 430 975.

ARTICLE 1 - SCOPE OF APPLICATION

The GCU apply to any variation or extension of the Site on existing or future social and/or community networks.

Any person accessing and/or using the Site and/or its variations and extensions (hereinafter "the User(s)") accepts, without reservation, the present GCU, which apply in all circumstances.

Users are invited to read these GCU carefully, which are referenced by hyperlink on the Site's home page, as well as to download and/or print them and keep a copy.

Users are strongly advised to check the date of publication of the current GTU each time they visit the Site, as they may have been modified. Users are expressly informed that the current version of the GCU is the one posted on the Site at the date of their connection to the Site, which the User acknowledges and accepts without restriction, and undertakes to refer to it systematically each time they connect.

To access the Site, the User must be of legal age according to the legislation in force in his/her country of residence (the highest age being taken into consideration). It remains the responsibility of parents to check the information consulted by their children and, if necessary, to limit access to the Site.

ARTICLE 2 - SITE

2.1 Access to the Site is free of charge. Internet connection and access costs are borne by the User. Access to the Site and/or some of its sections may require the use of personal identifiers and passwords. The User is solely responsible for the safekeeping and confidentiality of his/her login and password. The User undertakes to take all necessary measures to ensure that no third party, in any capacity whatsoever, has access to the User's login and password and can thus illicitly access the User's account or the Site.

The number of attempts to access the Site and/or certain of its sections may be limited in order to prevent fraudulent use of said login and password. ELORATHIE invites Users to inform it of any fraudulent use of which they may become aware.

2.2 ELORATHIE strives to keep the Site accessible, but is under no obligation to do so. Access to the Site may be interrupted for maintenance, updating or any other technical reason. ELORATHIE is in no way responsible for such technical interruptions and the consequences thereof.

Furthermore, depending in particular on the hardware and software configuration of the User's equipment, ELORATHIE is unable to guarantee the possibility of connection or access to the Site in optimal conditions.

2.3 The version of the Site accessible by the User depends on where the User connects.

2.4 The Site contains information from third parties and links to other websites.

ELORATHIE has no control over the accuracy of the information contained therein or its content. Accordingly, ELORATHIE shall in no event be liable for any damages resulting from the use of, access to, or inability to use such third-party information or from the content of other websites.

ARTICLE 3 - USER BEHAVIOR AND GOOD CONDUCT

3.1 The User undertakes to behave in a responsible, lawful, courteous and respectful manner with regard to the rights of other Users of the Site, ELORATHIE and third parties.

The User guarantees that he/she will not use the Site for illicit or commercial purposes and undertakes to comply with current national and international laws and regulations relating in particular to the absence of identity theft, online behaviour, acceptable content, the transmission of technical data and the absence of infringement of copyright, trademark rights or other intellectual property rights.

The User assumes full responsibility for providing the hardware and Internet connection required to use the Site. The User acknowledges that he/she has checked that the computer configuration he/she is using is virus-free, in perfect working order and compatible with the technical specifications of the Site.

The User undertakes to ensure that the personal and security information provided is complete, true, accurate and up-to-date, and that it has neither the purpose nor the effect of causing confusion with a third party, misleading the User as to his or her identity, or infringing ELORATHIE or the rights of third parties. He undertakes to update them systematically.

The User is solely responsible for the information, texts and, more generally, all content introduced or published by him/her on the Site and/or transmitted to ELORATHIE. Such content must not include any of the following: racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person (concerning the User or a third party), data relating to health, data concerning the sex life or sexual orientation of a natural person (concerning the User or a third party).

In particular, the User agrees not to:
Any fraudulent, abusive or excessive use of the Site, such as, in particular, the voluntary or involuntary congestion of servers which may disrupt the availability of said servers, the Site or the Services, the transmission of files, codes or viruses likely to alter the operation of computer or electronic systems, or to send unsolicited messages;

Disrupt or interrupt the Site or the servers or networks connected to the Site, or violate the requirements, procedures, rules or regulations of the networks connected to the Site;

Impersonate another person or falsify User names;

Access data not intended for him or her, or enter a server/account to which he or she is not authorized to have access;

To communicate or publish any content whatsoever that is confidential, defamatory, offensive, denigrating, unauthorized, malicious, infringing on privacy or image rights, infringing on copyright, inciting violence, racial or ethnic hatred, and more generally to communicate content that infringes the rights of ELORATHIE or third parties in any way whatsoever. In particular, the User shall refrain from disseminating content that directly or indirectly allows the identification of a natural person without his or her express prior consent;

Use the Site for promotion or advertising, political propaganda or proselytizing;

To divert spaces intended to host content published by him from their purpose.

3.2 At any time and for any reason whatsoever, ELORATHIE may implement any means allowing it to (i) remove without notice, any content introduced and/or published by the User on the Site which contravenes these TOU and/or applicable law, (ii) terminate, without notice, the User's use of the Site or any of the Services for any conduct violating the TOU and/or applicable law, without prejudice to any damages that ELORATHIE reserves the right to claim from the User.

ARTICLE 4 - INTELLECTUAL PROPERTY

4.1 All elements of the Site are and remain the exclusive property of ELORATHIE or of the holders of said rights who have granted ELORATHIE a right of use.

Thus, none of the content that appears or is available on the Site may be, in whole or in part, copied, reproduced, represented, used, republished, uploaded, posted, transmitted or distributed in any way whatsoever without the prior written consent of ELORATHIE.

Any User who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Site's home page, must request authorization from ELORATHIE. Under no circumstances will this constitute an implicit affiliation agreement.

4.2 The User must obtain all necessary authorizations and rights from the various rights holders concerned by any content he may wish to publish on the Site, including all intellectual property rights and/or literary, artistic and/or industrial property rights, as well as personality rights (in particular image rights).

ARTICLE 5 - LIABILITY

ELORATHIE does not warrant that the Site will be free from defects, errors or bugs, or that defects, errors or bugs will be corrected, or that the Site will operate without interruptions or failures, or that the Site is compatible with any particular hardware or configuration.

ELORATHIE cannot be held liable for access to the Site or the Services:

In the event of force majeure,

In the event of misuse of the Site or Services by the User, or non-compliance by the User with his or her obligations,

In the event of the insurmountable and unforeseeable act of a third party,

In the event of disturbances and/or total or partial unavailability, including slowness, and/or interruption of all or part of the Site or Services, resulting from causes beyond ELORATHIE's direct and exclusive control, such as Internet access infrastructures, third-party operator networks, bandwidth saturation due to an excessive number of simultaneous connections, attacks, viruses, interference, hacking or other security breaches.

With respect to content and links to third-party websites, available via the Site, which contain elements originating from third parties, ELORATHIE does not incur any liability concerning the examination or evaluation of the content or accuracy of these elements or third-party websites, or for the use that may be made of them by the User.
You may not sell or resell "les bijoux chics" brand products or services without the official consent of ELORATHIE.

ELORATHIE reserves the right, with or without notice, to cancel or reduce the quantity of any order.

ARTICLE 6 - PERSONAL DATA

6.1 Personal data and purposes

Personal data" refers to any information that may directly or indirectly identify the User. This includes names, email addresses, postal addresses, telephone numbers, user names, personal preferences and purchasing habits, User-generated content, etc. Personal data may also include unique numerical identifiers such as the Internet Protocol address (hereinafter "IP address") of the computer on which the User connects or the MAC address of the mobile device on which the User connects, as well as cookies (see article 7 of the GCU).

When using the Site, personal data is collected, stored and used by ELORATHIE, which acts as data controller. ELORATHIE's identity and contact details are set out at the beginning of these GCU and in article 6.6.

Description des notifications push : Nous utilisons des notifications push pour envoyer des mises à jour, des promotions, des rappels de paniers abandonnés, et d’autres informations personnalisées, dans le but d’améliorer l’expérience d’achat sur notre site.

Données collectées : Pour la gestion des notifications push, nous collectons certaines données personnelles, notamment l’identifiant de l’utilisateur, l’adresse IP, ainsi que le type de navigateur ou de dispositif. Ces informations nous permettent d’adresser des notifications ciblées et pertinentes à nos utilisateurs.

6.1.1 Access to the Site and personal data collected automatically

When a User accesses the Site, ELORATHIE automatically collects data and information from the device used by the User and stores this data and information in server log files. Logging may include browser types and versions used, the operating system used by the accessing system, the URL of the links through which the User accessed the Site, the date and time of access to the Site, the User's access provider, the IP address of the computer on which the User is connected and other similar data and information.

This processing is based on ELORATHIE's legitimate interest in that it enables ELORATHIE to ensure and maintain the security of the Site, to defend itself against attacks directed at ELORATHIE's computer systems, to fight against fraud, as well as to help ELORATHIE better understand Users' needs and expectations and thus improve the Site and its Services.
For security reasons, this data is stored for 14 days, after which it is anonymized or deleted.
ELORATHIE may keep Users' personal data irreversibly anonymized for the purposes of analysis or the preparation of internal statistics, in particular to enable ELORATHIE to improve the quality of the Services and to better meet Users' expectations.

6.1.2 Personal data collection forms
Generally speaking, the information collected by ELORATHIE via the collection forms that is essential to respond to the User's requests is identified by an asterisk on the collection forms. If the User does not complete these mandatory fields, ELORATHIE will not be able to respond to his/her requests.

6.1.2.1 Newsletter
If the User enters his/her e-mail address in the "newsletter" field provided for this purpose and presses the "ok" button, ELORATHIE will use his/her e-mail address to send the newsletter in question.
This processing is based on the User's consent, unless the newsletters relate to "Products" or services similar to those which have already been the subject of an "Order" within the meaning of the General Sales Conditions (hereinafter "GSC"). In this case, processing is based on article L.34-5 of the French Post and Electronic Communications Code.
In any event, the User may, at any time and at no cost, oppose the sending of newsletters in the future, in accordance with the terms specified in each mailing.
This information and data may also be used by ELORATHIE for internal statistical purposes. This processing is based on ELORATHIE's legitimate interest in that it enables it to improve the quality of the Services and better meet Users' expectations, as well as to adapt commercial communications and understand their effectiveness.

6.1.3 Creating an account
If the User creates an account, his/her data will be used to manage any "Orders" within the meaning of the GTCS, to manage any competitions, promotions or surveys in which he/she may take part, and to answer any questions he/she may have. This processing is necessary for the execution of the contract.
If the User gives his express consent, his data may also be used to send him commercial prospecting communications, which may be tailored to his benefit (for example by using the personal data ELORATHIE has about him and his preferences).
In addition, the User's personal data may also be used by ELORATHIE for internal statistical purposes. This processing is based on ELORATHIE's legitimate interest in that it enables it to improve the quality of the Services and better meet Users' expectations, as well as to adapt commercial communications and understand their effectiveness.

6.2 Recipients of personal data and storage
The personal data collected is intended for the use of ELORATHIE and may be transmitted on a confidential basis to service providers acting on behalf of ELORATHIE, in particular to enable the processing of the purposes set out above.
ELORATHIE strictly requires its service providers to use Users' personal data only to manage the services it has been asked to provide. ELORATHIE also requires its service providers to always act in compliance with applicable laws on the protection of personal data and to pay particular attention to the confidentiality of such data.
Users' personal data is stored in ELORATHIE's databases and/or those of its service providers.
In some cases, and mainly for technical reasons, these databases may be stored on servers located in non-EU member states. As certain non-EU member states may not have an adequacy decision issued by the Commission of the European Union on the law governing the use and transfer of personal data, ELORATHIE undertakes to ensure that transfers of personal data outside the EU are carried out only in a secure manner and in compliance with the legislation in force, to take all measures required to compensate for the inadequacy of the data protection of the third country concerned and to ensure that the third parties concerned comply with the conditions set out in these TOU. These measures may include the signing of appropriate contracts based on the model adopted by the Commission of the European Union. The User may contact ELORATHIE using the contact details given in article 6.6 of the GCU to obtain a copy of the appropriate guarantees that have been taken.

6.3 Security of personal data
ELORATHIE has taken all necessary precautions and implemented appropriate organizational and technical measures to preserve the confidentiality and security of personal data processed and prevent it from being distorted, damaged, destroyed or accessed by unauthorized third parties.
ELORATHIE has adopted a policy of strict management of the authorizations of its personnel, giving access to User data only when strictly necessary.

6.4 Retention period for personal data
ELORATHIE keeps personal data only as long as is necessary for the purposes for which it was collected and in compliance with current regulations.
If the User contacts ELORATHIE, his/her personal data will be kept for as long as is necessary to process his/her request.
If the User creates an account without placing an "Order" within the meaning of the GCS, his/her personal data will be kept for a period of three (3) years from the date of collection or last contact by the User, unless the account has been deleted earlier. In any event, the data will be deleted as soon as the account is deleted.
ELORATHIE may use the data of Users who have placed an "Order" within the meaning of the GTCS, in order to send them offers for Products or services similar to those or that which have already been the subject of an Order, for a period of three (3) years from the end of the commercial relationship.
If the User has consented to receive commercial prospecting messages, his/her personal data is kept until he/she unsubscribes or asks for it to be deleted, or after a period of inactivity of three (3) years.
ELORATHIE may retain certain personal data in order to meet its legal or regulatory obligations, in particular for evidentiary purposes, in the form of an intermediate archive, for a period of five (5) years.
ELORATHIE may keep Users' personal data for analysis purposes or to compile aggregate statistics for the duration of the commercial relationship. Beyond the end of the commercial relationship, if ELORATHIE wishes to use this data for analytical or statistical purposes, it may do so at its own discretion.
to compile aggregated statistics, data will be irreversibly anonymized by purging all personal data, including indirectly identifying data.

6.5 Users' rights regarding the protection of personal data
In accordance with the provisions of the amended Data Protection Act and Regulation (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data:

The User may obtain clear, transparent, comprehensible and easily accessible information on how ELORATHIE uses his/her personal data and on his/her rights.

The User may request access to personal data held by ELORATHIE (subject to certain restrictions). ELORATHIE may require payment of a reasonable fee taking into account the administrative costs incurred in providing the information. Manifestly unfounded, excessive or repeated requests may not be answered. To exercise his right of access or request further details, the User should contact ELORATHIE using the contact details given in article 6.6 of the GCU.

The User may demand that his personal data be rectified if it is inaccurate or out of date and/or incomplete or ambiguous. To exercise his right of rectification or request further details, the User should contact ELORATHIE at the address given in article 6.6 of the GCU. If the User has an account, it may be easier to modify his/her own data directly by logging into his/her account.

The User may obtain, as soon as possible, the deletion or suppression of his/her personal data. This is not an absolute right, insofar as ELORATHIE may be obliged to retain all or part of the data for legal or legitimate reasons. To exercise his right to deletion or to request further information, the User should contact ELORATHIE using the contact details given in article 6.6 of the GCU.

The User may request that ELORATHIE restrict the processing of his/her personal data. If this right is exercised, ELORATHIE may retain the data, but may not use or process it. The possibility of exercising this right is recognized in the following circumstances:

If the accuracy of personal data is contested by the User, for a period allowing ELORATHIE to verify the accuracy of such data;

If the processing is unlawful and the User objects to their deletion and demands instead that their use be restricted;

If ELORATHIE no longer requires the personal data for the purposes of processing but the data is still necessary for the User to establish, exercise or defend legal claims;

If the User has objected to the processing based on the legitimate interests pursued by ELORATHIE during the verification as to whether the legitimate interests pursued by ELORATHIE prevail over his/her own.
To exercise his right to limit processing or request further information, the User should contact ELORATHIE at the address given in article 7.6 of the GCU.

The User also has the right to object to the processing of his/her personal data for legitimate reasons, as well as the right to object to such data being used for canvassing purposes. The User may at any time object to the processing of his or her personal data where such processing is based on a legitimate interest.

The User may unsubscribe or object to receiving commercial prospecting messages from ELORATHIE at any time. Simply click on the unsubscribe link provided in any e-mail or communication sent by ELORATHIE. The User may also contact ELORATHIE at the address given in article 6.6 of the GCU to exercise his right to object.

The User may withdraw his consent to the processing of his personal data at any time if such processing is based on consent. Withdrawal of consent does not affect the lawfulness of processing based on consent carried out prior to the withdrawal of consent. To withdraw consent at any time or request further information, the User should contact ELORATHIE using the contact details given in article 6.6 of the GCU.

The User may define general and specific directives concerning the conservation, deletion and communication of his/her personal data after his/her death. The User is informed that he/she (i) may modify or revoke his/her directives at any time, and (ii) may freely designate a person to carry out his/her directives. To exercise his right to define directives or to request further information, the User should contact ELORATHIE at the address given in article 6.6 of the GCU.

The User may ask ELORATHIE to provide personal data concerning him/her in a structured, commonly used and machine-readable format, and has the right to transmit such data to another data controller. Where technically feasible, the User may also request ELORATHIE to transmit such data directly to another data controller designated by the User. This right may only be exercised in respect of personal data that the User has provided to ELORATHIE on the basis of his/her consent or where the processing is necessary for the performance of a contract and is carried out using automated processes. To exercise his right to data portability, or to request further information, the User should contact ELORATHIE using the contact details given in article 7.6 of the GCU.

6.6 Exercising personal data protection rights
To ensure the protection of Users, ELORATHIE will only respond to requests relating to personal data concerning them, and they will be asked to prove their identity before honoring their request by asking them to provide only the front of an identity document, preferably in black and white. In the event of exercising the right of access or rectification, data relating to identity documents will be kept for one (1) year. If you exercise your right to object, this data may be archived for three (3) years.
To exercise any of these rights, simply send a request by e-mail to the following address: hello@lesbijouxchics.fr or by post to ELORATHIE, 108 avenue de Flandre, WASQUEHAL (59290).
In addition, the User has the right to contact and lodge a complaint with the data protection authority in his/her country to contest ELORATHIE's practices in terms of personal data protection and respect for privacy. In France, the competent authority is the Commission Nationale de l'Informatique et des Libertés (CNIL), 3 Place de Fontenoy TSA 80715 - 75334 PARIS CEDEX 07 - Telephone: +33 (0)1 53 73 22 22.

ARTICLE 7 - COOKIES

A "cookie" is a piece of information deposited on the hard disk of the User's computer by the Site's server, which records information relating to browsing. The data obtained in this way is intended to facilitate subsequent browsing of the Site, and is also used for various visitor surveys.

ELORATHIE may place cookies on the User's computer in order to recognize the User on a subsequent visit and to personalize the Site.

User browsing data is used for statistical purposes to identify the most and least popular pages, preferred paths, activity levels by day of week and time of day, and major client or server errors.

These cookies are intended to be stored on the User's computer for a variable period of up to thirteen (13) months from the time they are first deposited on the User's computer, and may be read and used by ELORATHIE during the User's subsequent visit to the Site.

Internet browsers are generally set to accept cookies by default, but the User can easily change this by modifying his browser settings.
The User may prevent the installation and storage of cookies at any time by configuring his or her computer or modifying browser settings (generally: tools or options / privacy or confidentiality). The browser Help function indicates how to do this.

If Users refuse or deactivate cookies, they may no longer be able (i) to access certain parts of the Site and/or certain Services under the same conditions and using the same processes, or (ii) to make fluid use of certain Site Services and/or they will have to re-enter all their personal information.

The issue and use of cookies by third parties are subject to the privacy policies of these third parties. We inform Users of the purpose of cookies of which ELORATHIE is aware and of the means available to them to make choices with regard to these cookies.

ELORATHIE may include third-party computer applications on the Site, which enable Users to share Site content with other people, or to inform these other people of their consultation or opinion concerning Site content. This is notably the case for "Share" and "Like" buttons from social networks (such as "Facebook", "Twitter", etc.).

The social network providing such an application button is likely to identify the User thanks to this button, even if the User has not used this button when consulting our Site. In fact, this type of application button may enable the social network concerned to track the User's browsing on our Site, simply by virtue of the fact that the User's account with the social network concerned was activated on his or her terminal (open session) during browsing on our Site.

ELORATHIE has no control over the process used by social networks to collect information relating to the User's browsing on its Site, nor over the personal data they hold. We invite Users to consult the privacy protection policies of these social networks in order to become aware of the purposes for which the browsing information they may collect through these application buttons is used, in particular for advertising purposes. In particular, these protection policies should enable Users to exercise their choices with regard to these social networks, notably by configuring their user accounts for each of these networks.

ARTICLE 8 - APPLICABLE LAW

The GCU are governed by French law
However, the French law applicable to the GTUs may not have the effect of depriving the User residing in another Member State of the more favorable mandatory provisions of public policy that his national law would grant him.

ARTICLE 9 - DISPUTES - MEDIATION

In the event of a dispute, the User should first contact ELORATHIE at the following email address hello@lesbijouxchics.fr or by registered mail with acknowledgement of receipt. ELORATHIE will reply as soon as possible.

If the User's request for a complaint to ELORATHIE is unsuccessful, or if ELORATHIE fails to respond within two (2) months, the User may have recourse to a consumer mediator for the amicable resolution of the dispute with ELORATHIE. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, ELORATHIE subscribes to the Mediator Service. In any event, the User will always have the option of bringing the matter before a court of law.

ARTICLE 10 - PARTIAL NULLITY

If one or more stipulations of the GCU are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations of the contract will retain all their force and scope.

ARTICLE 11 - NON-WAIVER

The fact that one of the parties to the GCU has not required the application of any clause, whether permanently or temporarily, shall in no way be considered as a waiver of that party's rights arising from the said clause.