Legal notices

Definitions

Customer: any professional or natural person who is deemed capable under articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the website which is the subject of these terms & conditions.

Benefits and Services: https://www.les2marmottes.com provides Customers with:

Content: All the elements that make up the information present on the Site, in particular texts - images - videos.

Customer data: Hereinafter referred to as "Data" which includes all personal data that may be held by https://www.les2marmottes.com to manage your account, customer relations, and for analysis and statistical purposes.

User: Internet user connected and using the above-mentioned site.

Personal Data: "Information used to identify individuals, whether directly or not" (Article 4 of Law No. 78-17 of January 6, 1978).

The terms "personal data", "data subject", "sub-contractor" and "sensitive data" have the meaning defined by General Data Protection Regulations (GDPR: No. 2016-679)

1. Website introduction

In line with Article 6 of Law No. 2004-575 of June 21, 2004 relating to trust in the digital economy, users of the website https://www.les2marmottes.com are herby notified of the identity of those involved with creating and monitoring the website.

Owner: SAS LES 2 MARMOTTES Share capital of 306 000 € - VAT number: FR01418004586 - ZI des Bracots, 185 rue des Tanières, 74890 BONS EN CHABLAIS, France.

Editor: Pascal Jacquin - +33 4 50 17 08 08

The person responsible for publishing the website is a natural person or a legal entity.

Webmaster: Julien Schweickardt - +33 4 50 17 08 08

Host: ovh - 2 rue Kellermann - 59100 Roubaix 1007

Data Protection Officer: Les 2 Marmottes - admin.vpc@les2marmottes.fr

2. General terms & conditions for using the website and services offered

The website is considered an intellectual property and as such is protected by the Copyright Code and any applicable international regulations. The Customer may not in any way use, copy or transfer any or part of the website for their own means.

The use of the site https://www.les2marmottes.com implies full acceptance of the terms and conditions below. These terms & conditions may be altered or added to at any time, so users of the https://www.les2marmottes.fr website are invited to consult them regularly.

This website is normally accessible to users at all times. An interruption for technical maintenance can be decided upon by https://www.les2marmottes.com, and we will endeavour to inform users of the dates and times of the intervention beforehand. The website https://www.les2marmottes.com is updated regularly by the editor. Legal notices can also be altered at any time: they are nevertheless binding, so users are invited to refer to and take note of them as often as possible.

3. Description of the services provided

The website https://www.les2marmottes.com aims to provide information on all the company's activity. https://www.les2marmottes.com strives to provide information that is as accurate as possible on https://www.les2marmottes.com  However, we cannot be held liable for any omissions, inaccuracies or missing information in the updates, whether they are of our own making or the making of third-party partners who provide us with this information.

All the information on the https://www.les2marmottes.com website is given as an indication, and is likely to change over time. Furthermore, the information on the https://www.les2marmottes.com website is not exhaustive. It is given subject to any amendments that may have been introduced since it was put online.

4. Contractual limitations on technical data

The site uses JavaScript technology. The website cannot be held responsible for any material damage related to the use of the website. In addition, site users agree to access the site using up to date equipment that is virus free and via a latest generation updated browser updated. The website https://www.les2marmottes.com is hosted by a European Union provider in accordance with the provisions of the General Data Protection Reguations (GDPR: No. 2016-679)

The aim is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. Nevertheless, the Service Provider reserves the right to interrupt the hosting service for the shortest possible period of time, specifically for maintenance purposes, to improve the infrastructure, in case of an infrastructure failure or if the Services generate significantly more traffic than usual.

https://www.les2marmottes.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment, particularly in terms of network congestion preventing access to the server.

5. Intellectual property and counterfeiting

https://www.les2marmottes.com owns the copyright and holds the rights of use to all elements accessible on the website, in particular the texts, 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, unless you have prior written authorisation from: https://www.les2marmottes.com

Any unauthorised use of the website or any of the elements it contains will be considered an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Copyright Code.

6. Limitations of liability

https://www.les2marmottes.com acts as the publisher of the site. https://www.les2marmottes.com is responsible for the quality and veracity of the Content it publishes.

https://www.les2marmottes.com cannot be held liable for direct or indirect damage caused to the user's equipment, when accessing the website https://www.les2marmottes.com, 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 an incompatibility.

https://www.les2marmottes.com cannot be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the https://www.les2marmottes.com website. Interactive spaces (asking questions in the contact space) are available to users. https://www.les2marmottes.com reserves the right to remove, any content entered into this space without warning if it is deemed as a breach of the applicable law in France, particularly in terms of data protection. If necessary, https://www.les2marmottes.com also reserves the right to proceed with civil liability and/or criminal penalties against the user, particularly if a  message with racist, injurious, defamatory, or pornographic material is posted, no matter its nature (text, photograph etc.)

7. Handling your personal data

Please take note of the regulations concerning marketing communications, 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 Regulations (GDPR: n° 2016-679).

7.1 Persons responsible for the collection of personal data

The person who manages the Personal Data collected for Users to access the website and create a personal account is: LES 2 MARMOTTES. https://www.les2marmottes.com, represented by Pascal Jacquin, its legal representative

As we are responsible for handling any data collected, https://www.les2marmottes.com agrees to respect the legal provisions in force. It is our responsibility to inform our Customers of the purposes of this data processing, to provide our prospects and customers with full information on the processing of their personal data, once their consent has been given, and to maintain records that match with the actual processing. Whenever https://www.les2marmottes.com processes Personal Data, https://www.les2marmottes.fr takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which it is processed.

7.2 Purpose of the data collected

https://www.les2marmottes.com may process all or part of the data:

• to allow you to navigate the website, to manage and track services accessed by the user: logging in, using the website, invoicing, order history, etc.
• to prevent and fight against computer fraud (spamming, hacking...): computer equipment used for navigation, IP address, password (hashed)
• to improve navigation of the website: login and usage data
• to conduct optional satisfaction surveys on https://www.les2marmottes.fr: email address
• to conduct marketing campaigns (sms, email): phone number, email address

https://www.les2marmottes.com does not market your personal data which is only used by necessity or for statistical and analysis purposes.

7.3 Right of access, rectification and opposition

In accordance with the European regulations in force, Users of https://www.les2marmottes.com have the following rights:

• the right to access (article 15 GDPR), rectify, (article 16 GDPR), update or complete their data. The right to block or delete any personal data held (article 17 GDPR), if it is inaccurate, incomplete, ambiguous, outdated, or if their data collection, use, communication or storage is forbidden.
• the right to withdraw consent at any time (Article 13-2c GDPR)
• the right to limit the processing of User data (Article 18 GDPR)
• the right to object to the processing of User data (Article 21 RGPD)
• the right to portability of the data provided by the Users, when such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
• the right to define the fate of their data after their death and to choose with which third party, previously designated by the user, https://www.les2marmottes.com should share their data (or not).

As soon as https://www.les2marmottes.com has been made aware of a User's death and if there are no other instructions https://www.les2marmottes.fr will destroy any data they hold, unless keeping it is necessary for purposes of proof or a legal obligation.

If you want to know how your Personal Data is used by https://www.les2marmottes.com or to rectify it or oppose to the processing of your data, contact https://www.les2marmottes.com in writing at this address:

LES 2 MARMOTTES - DPO, Les 2 Marmottes

ZI des Bracots, 185 rue des Tanières 74890 BONS EN CHABLAIS, France.

In the letter the User must detail Personal Data that he/she would like https://www.les2marmottes.com to correct, update or delete. A copy of the person's identity document (passport or driving licence) must be included.

Requests for deletion of Personal Data will be subject to the obligations imposed on https://www.les2marmottes.com by law, in particular with regard to the retention or archiving of documents. Finally, Users of https://www.les2marmottes.com may file a complaint with the supervisory authorities, and in particular with the CNIL (French National Commission for IT & Freedom). 

7.4 Non-disclosure of personal data

https://www.les2marmottes.com will not process, host or transfer any data collected on our Customers to a country located outside the European Union or recognised as "inadequate" by the European Commission, without informing the customer beforehand. However, https://www.les2marmottes.com remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).

https://www.les2marmottes.com will take all necessary precautions to preserve the data security and in particular prevent data from being transferred to an unauthorised person. However, if an incident impacting the integrity or confidentiality of the Customer's data is brought to the attention of https://www.les2marmottes.com, the latter shall inform the Customer as soon as possible and share the corrective measures taken. Furthermore https://www.les2marmottes.com does not collect any "sensitive data".

User's Personal Data may be processed by subsidiaries of https://www.les2marmottes.com and subcontractors (service providers), exclusively in order to achieve 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 user data from https://www.les2marmottes.com are our customer services staff.

7.5 Types of Data Collected

For users of the https://www.les2marmottes.com website, we collect the following essential data in order to run our service. This is kept fo a maximum period of 9 months after the end of the contractual relationship:

Title, last name, first name, email, phone number, address

https://www.les2marmottes.com also collects information to improve User's experience and provide specific advice:

Date of birth,

This data is kept for a maximum period of 9 months after the end of the contractual relationship

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. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, both at national and European level. We will keep our customers fully informed on all matters relating to the security of their account and provide them with all the information necessary to help them meet their own regulatory reporting obligations.

No personal information of users of https://www.les2marmottes.com is published, exchanged, transferred, surrendered or sold on any medium to third parties, without the user's knowledge. In the unlikely event of https://www.les2marmottes.fr being sold, its rights would allow the information detailed above to be passed on to the purchaser who would be in turn be held to the same data storage and modification obligations for users of the website https://www.les2marmottes.com

8.1 Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.les2marmottes.com uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, https://www.les2marmottes.com takes all reasonable measures to protect it from loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hypertext links, cookies and internet tags

The website https://www.les2marmottes.com contains a number of hyperlinks to other sites, set up with the authorisation of https://www.les2marmottes.com However, https://www.les2marmottes.com cannot subsequently check the content of the sites visited, and so cannot accept any liability for the content.

Unless you choose to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you, a reminder of which is below. If you deactivate cookies this may reduce or prevent access 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 will not damage the User's device in any way.

https://www.les2marmottes.com is likely to process User information pertaining to their website visit, such as pages viewed and searches carried out. This information allows https://www.les2marmottes.com to improve the website content and User navigation.

Cookies facilitate navigation and/or the provision of services offered by the website, the User can configure their browser to accept Cookies or not, so has control over whether are stored on their device or rejected, either systematically or according to who sends them. Users can also configure browser software to ask whether to accept or reject cookies whenever a Cookie is likely to be installed on their device. https://www.les2marmottes.com would like to ensure that Users are aware, that not all functions of their browser software may be available if cookies are rejected.

If Users refuse Cookies on a device or browser, or if the User deletes stored cookies, then this may limit their browsing and experience on the website. This may also happen if https://www.les2marmottes.comor one of its service providers cannot recognise, the browser used on your device, due to technical incompatibility or the language and display settings, or country you are connecting from.

https://www.les2marmottes.com declines any responsibility for the consequences related to the degraded functioning of the Site and the services that may be offered by https://www.les2marmottes.com, resulting (i) from the refusal of Cookies by the User (ii) from the inability for https://www.les2marmottes.fr to record or to consult the Cookies necessary for their function due to the User's choice. When it comes to managing Cookies and your choices, each browser's set-up is slightly different. You can see how it works in your browser's help menu, then you'll know how to change your Cookie preferences.

You can change your Cookie preferences at any time. https://www.les2marmottes.com may also use the services of external service providers to help it collect and process the information described in this section.

Lasty, by clicking on the icons for social media Twitter, Facebook, LinkedIn and Google Plus at https://www.les2marmottes.com or in our mobile app, if the User has accepted cookies by continuing to browse the website or app https://www.les2marmottes.com, Twitter, Facebook, LinkedIn and Google Plus can also deposit cookies on your devices (computer, tablet, mobile).

These types of cookies are deposited on your devices only if you consent to them, by continuing to use the Website https://www.les2marmottes.com or its mobile app. You can withdraw your consent to this type of cookie for https://www.les2marmottes.com at any time.

9.2. Internet tags

https://www.les2marmottes.com may occasionally use tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information about them, including the User's IP address) in a foreign country.

These tags are placed both in the online ads, from which users can access the website and on the website's various pages.

This technology allows https://www.les2marmottes.com to evaluate visitors' 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 use of this Site by the User.

The external service provider may collect information about visitors to the website and other websites through these tags, compile reports on Site activity for https://www.les2marmottes.com, and provide other services relating to the use of the Site and the Internet.

10. Applicable law and jurisdiction

Any dispute in connection with the use of the site https://www.les2marmottes.com is subject to French law. Except in cases where the law does not allow it, the competent courts of Thonon-les-Bains in France have exclusive jurisdiction.