Customer: any professional or capable natural person within the meaning of articles 1123 and following of the Civil Code, or legal person, who visits the Site subject to these general conditions.
Services: https://maluca.fr provides Customers with:
Content: All the elements constituting the information present on the Site, in particular texts – images – videos.
Customer information:Hereinafter referred to as “Information (s)” which correspond to all of the personal data likely to be held by MALUCA for the management of your account, the management of the customer relationship and for analysis purposes and statistics.
User: Internet user connecting, using the aforementioned site.
Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law n ° 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 Regulations (RGPD: n ° 2016-679)
1 - PRESENTATION OF THE WEBSITE
Under article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website https://maluca.fr are informed of the identity of the various parties involved in the framework of its realization and its follow-up:
Social name: MALUCA (MIKSA)
Legal form: Self-entrepreneur (Personal merchant affair)
Head office address: 43 rue Condorcet, 60700 PONT-SAINTE-MAXENCE, France
Registration: RCS Compiègne A 884 159 310
NAF or APE code: 4791B
Site editor: MALUCA
Publication Director: MALUCA
Host: 1 and 1 IONOS SARL 7, Place de la Gare, BP 70109, 57200 Sarreguemines C, France – 0970 808 911
Data protection officer: MALUCA – email
2 - GENERAL 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 the applicable International Regulations. The Customer may not in any way reuse, assign or exploit for his own account all or part of the elements or works of the Site.
The use of the https://maluca.fr site implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the https://maluca.fr site are therefore invited to consult them regularly.
This website is normally accessible to users at all times. An interruption due to technical maintenance may however be decided by MALUCA, which will then endeavor to communicate to users before the dates and times of the intervention. The https://maluca.fr website is updated regularly by responsible MALUCA. In the same way, the legal notices can be modified at any time: they nevertheless impose themselves on the user who is invited to refer to them as often as possible in order to read them.
3 - DESCRIPTION OF THE SERVICES PROVIDED
The purpose of the https://maluca.fr website is to provide information concerning all of the company’s activities. MALUCA strives to provide the https://maluca.fr site with information as precise as possible. However, it can not be held responsible for omissions, inaccuracies and deficiencies in the update, whether by him or by third party partners who provide him with this information.
All the information indicated on the https://maluca.fr site is given for information only, and is subject to change. Furthermore, the information on the site https://maluca.fr is not exhaustive. They are given subject to modifications having been made since they were put online.
4 - CONTRACTUAL LIMITATIONS ON TECHNICAL DATA
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of his service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods, in particular for the purpose of maintenance, improvement of its infrastructure, failure of its infrastructure or if the Services and Services generate deemed traffic. unnatural.
MALUCA and the host can not be held responsible in the event of a malfunction of the Internet, telephone lines or computer and telephone equipment, particularly related to network congestion preventing access to the server.
5 - INTELLECTUAL PROPERTY AND COUNTERFEITING
MALUCA is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited without the prior written authorization of: MALUCA.
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
MALUCA acts as publisher of the site. https://maluca.fr is responsible for the quality and veracity of the Content it publishes.
MALUCA cannot be held responsible for direct and indirect damage caused to the user’s equipment, when accessing the website https://maluca.fr, and resulting either from the use of equipment that does not respond to specifications indicated in point 4, either the appearance of a bug or an incompatibility.
MALUCA cannot also be held liable for indirect damage (such as, for example, loss of market or loss of opportunity) resulting from the use of the site https://maluca.fr. Interactive spaces (possibility to ask questions in the contact space) are available to users. MALUCA reserves the right to delete, without prior notice, any content posted in this space that would violate the law applicable in France, in particular the provisions relating to data protection. If necessary, MALUCA also reserves the right to challenge the user’s civil and / or criminal liability, in particular in the event of a racist, abusive, defamatory, or pornographic message, whatever the medium used (text , photography …).
7 - MANAGEMENT OF PERSONAL DATA
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Regulations on Data Protection (RGPD: n ° 2016-679).
7.1 Persons responsible for collecting personal data
For Personal Data collected as part of the creation of the User’s personal account and their navigation on the Site, the person responsible for processing Personal Data is: MALUCA (https://maluca.fr) is represented by Sébastien MIKSA , its legal representative
As the data controller it collects, MALUCA undertakes to comply with the framework of the legal provisions in force. It is up to him in particular to the Customer to establish the purposes of his data processing, to provide his prospects and customers, from the collection of their consents, complete information on the processing of their personal data and to maintain a register of treatments consistent with reality. Whenever MALUCA processes Personal Data, MALUCA takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which MALUCA processes them.
7.2 Purpose of the data collected
MALUCA may process all or part of the data:
- to allow navigation on the Site and management and traceability of the services and services ordered by the user: connection and use data for the Site, invoicing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hash)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://maluca.fr: email address
- to carry out communication campaigns (sms, mail): telephone number, email address
MALUCA does not market your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of https://maluca.fr have the following rights:
- right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completeness of user data right to block or erase personal user data (article 17 of 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 oppose the processing of User data (article 21 GDPR),
- right to the portability of the data that the Users will have provided, 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 User data after their death and to choose to whom MALUCA must communicate (or not) its data to a third party that they have previously designated.
As soon as MALUCA becomes aware of the death of a User and in the absence of instructions on its part, MALUCA undertakes to destroy its data, unless their retention is necessary for probative purposes or to meet a legal obligation.
If the User wishes to know how MALUCA uses his Personal Data, ask to rectify them or oppose their processing, the User can contact https://maluca.fr in writing at the following address:
MALUCA – DPO, delegate protection given (moral)
43 rue Condorcet, 60700 PONT-SAINTE-MAXENCE, France
In this case, the User must indicate the Personal Data that he would like MALUCA to correct, update or delete, by identifying himself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations which are imposed on MALUCA by law, in particular with regard to the conservation or archiving of documents. Finally, Users of https://maluca.fr can file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
MALUCA refrains from processing, hosting or transferring the Information collected from its Customers to a country outside the European Union or recognized as “unsuitable” by the European Commission without first informing the customer. However, MALUCA remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulations (GDPR: n ° 2016-679).
MALUCA undertakes to take all the necessary precautions in order to preserve the security of the Information and 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 MALUCA, the latter must promptly inform the Customer and communicate the corrective measures taken to it. Furthermore MALUCA does not collect any “sensitive data”.
The User’s Personal Data may be processed by MALUCA subsidiaries and subcontractors (service providers), exclusively in order to fulfill the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main people likely to have access to the data of the Users of https://maluca.fr are mainly the agents of our customer service.
8 - INCIDENT NOTIFICATION
No matter how hard you try, 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, whether at national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of the user of the https://maluca.fr site is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the redemption of MALUCA and its rights would allow the transmission of said information to the prospective purchaser who would in turn be subject to the same obligation to store and modify data with respect to the user of the https site : //maluca.fr.
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://maluca.fr uses networks protected by standard devices such as firewalls, pseudonymization, encryption and password.
When processing Personal Data, MALUCA takes all reasonable measures to protect them against loss, misuse, unauthorized access, disclosure, alteration or destruction.
9 - HYPERTEXT LINKS "COOKIES" AND INTERNET TAGS "TAGS"
The https://maluca.fr site contains a number of hypertext links to other sites, set up with the authorization of MALUCA. However, MALUCA does not have the possibility to verify the content of the sites thus visited, and will therefore assume no responsibility for this fact.
Unless you decide to deactivate cookies, you accept that the site can use them. You can deactivate these cookies at any time, free of charge, from the deactivation possibilities offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.
A “cookie” is a small information file sent to the User’s browser and saved in the User’s terminal (eg computer, smartphone), (hereinafter “Cookies”). This file includes information such as the domain name of the User, the Internet service provider of the User, the operating system of the User, as well as the date and time of access. Cookies in no case risk damaging the User’s terminal.
MALUCA may process information from the User concerning his visit to the Site, such as the pages viewed, the searches carried out. This information allows MALUCA to improve the content of the Site and the navigation of the User.
Cookies facilitate navigation and / or the provision of services offered by the Site, the User can configure his browser so that he can decide whether or not to accept them so that Cookies are saved in the terminal or, on the contrary, that they be rejected, either systematically or according to their issuer. The User can also configure his browser software so that the acceptance or rejection of Cookies is offered to him punctually, before a Cookie is likely to be saved in his terminal. MALUCA informs the User that, in this case, the functionality of its navigation software may not be available.
If the User refuses to save Cookies in their terminal or browser, or if the User deletes those that are registered there, the User is informed that their browsing and experience on the Site may be limited. This could also be the case when https://maluca.fr or one of its 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.
If necessary, MALUCA declines all responsibility for the consequences linked to the degraded functioning of the Site and the services possibly offered by https://maluca.fr, resulting (i) the refusal of Cookies by the User (ii) the impossibility for https://maluca.fr to save or consult the Cookies necessary for their operation due to the choice of the User. For the management of Cookies and the choices of the User, the configuration of each browser is different. It is described in the help menu of the browser, which will allow you to know how the User can modify his wishes regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. MALUCA 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, Instagram, Pinterest and Google Plus appearing on the https://maluca.fr site or in its mobile application and if the User has accepted the deposit of Cookies by continuing to browse the MALUCA website or mobile application, Twitter, Facebook, Linkedin, Instagram and Pinterest and Google Plus may also place cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only placed on your terminals if you agree, by continuing to browse the MALUCA website or mobile application. At any time, the User can nevertheless withdraw his consent for MALUCA to deposit this type of cookie.
9.2. INTERNET TAGS (“TAGS”)
https://maluca.fr may occasionally use Internet beacons (also called “tags”, or action tags, one-pixel GIF, transparent GIF, invisible GIF and GIF one by one) and deploy them via ” a specialist web analysis partner likely to be (and therefore to store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages thereof.
This technology allows https://maluca.fr to assess 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 use of this Site by the User.
The external service provider may possibly collect information on visitors to the Site and other websites using these tags, compile reports on the activity of the Site for the attention of https://maluca.fr, and provide other services relating to the use of it and the Internet.
10 - APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
Any dispute in connection with the use of the site https://maluca.fr is subject to French law, the competent court of which will be closest to the registered office of the company MALUCA. Apart from cases where the law does not allow it, exclusive jurisdiction is given to the competent courts in the event of litigation