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Legal notices

 

Identification

 

This website, accessible at the address www.scholtes.fr (hereinafter the “Website”) is the property of SCHOLTES CONSUMER AG, a company incorporated under Swiss law with a share capital of 101,630.00 CHF and registered offices at Grundung, Sonnebergstrasse 9, 6052 Hergiswil, NW, SWITZERLAND, registered under number CHE 46.373.172 and represented by Mr Philippe Samuel, Owner (e-mail: contact.rgpd@schneiderconsumer.com, phone: +33 (0)1 48 12 14 14).

The Website is hosted by OVH, SAS with a share capital of 10,069.20 EUR, registered on the Trade and Companies Register of Lille, France, under number 424 761 419 and with registered offices at 2 rue Kellermann, 59100 Roubaix, France, subject to VAT (value-added tax) under EU VAT number FR22424761419.Phone: 1007

The User acknowledges that they have read and that they agree to comply with this privacy policy.

 

Personal data

 

SCHOLTES CONSUMER AG places great importance on the protection of privacy and personal data.

Pursuant to EU Regulation 2016/679 dated 26 April 2016, to the French Data Protection Act (“la loi informatique et libertés”) dated 6 January 1978 as amended and to French Decree 2005-1309 dated 20 October 2005 as amended, SCHOLTES CONSUMER AG has undertaken strong commitments for impacted persons.

All information collected on the Website is stored by SCHOLTES CONSUMER AG as the Data Controller.

 

1. Categories of data collected

We collect personal data in a transparent and overt manner.
To this end, SCHOLTES CONSUMER AG collects:
– Data explicitly requested in forms on our Website;
– Connection data.

 

2. Purpose of the processing

Each time data are collected, this is done specifically for the explicit purposes stated clearly on the page of the Website where the data are collected. To this end, in terms of the subscription to the newsletter, the stated purpose is the sending and organisation of the newsletter. The legal grounds for this processing is the performance of a contract (Article 6.1.b of the EU Regulation).
You may unsubscribe from this newsletter at any time by clicking on the link at the bottom of the e-mails.
SCHOLTES CONSUMER AG reserves the right to create additional and/or complementary means of data collection. To this end, SCHOLTES CONSUMER AG shall specify, in accordance with the Regulation, the purposes of the processing in question on the page on which the data are collected.
No entirely automated decisions will be made by SCHOLTES CONSUMER AG on the basis of your personal data.

 

3. Recipients of the processing

There are several categories of recipients of the data:
– The teams at SCHOLTES CONSUMER AG,
– Processors and partners for the performance of the processing in question,
– Members of the SCHOLTES CONSUMER AG group and its affiliates.
In addition to these categories of recipients, categories specific to each processing, explicitly stated in the notice on the page where the data are collected, shall be added if applicable.
The transfer of personal data to the recipients (irrespective of their legal form and whether they are a data processor, data controller or simple recipient) shall be performed in a secure manner and in application of an agreement between SCHOLTES CONSUMER AG and each recipient. SCHOLTES CONSUMER AG undertakes that each recipient shall be aware of the leading principles of personal data protection and shall be subject to them in application of the law and/or a specific contract.

 

4. Storage of your data

SCHOLTES CONSUMER AG takes care to store your personal data in a country that guarantees an adequate level of data protection equivalent to that guaranteed under EU law. To this end, SCHOLTES CONSUMER AG has ensured compliance with the regulations protecting privacy and personal data by signing a contract containing the standard clauses of the European Commission with each processor hosting your personal data. Your personal data are thus stored by SCHOLTES CONSUMER AG in a secure manner that complies with the Regulation.
The periods of storage undertaken by SCHOLTES CONSUMER AG comply with the currently applicable regulations in France until the day on which you unsubscribe.
SCHOLTES CONSUMER AG reserves the right to create additional and/or complementary means of data collection. To this end, SCHOLTES CONSUMER AG shall specify, in accordance with the Regulation, the periods of storage in question on the page on which the data are collected.

 

5. Your rights

You have the following rights:
– The right to access your personal data;
– The right to rectification of your personal data if these data are inaccurate or incomplete;
– The right to restriction of processing in the conditions set out in Article 18 of the EU Regulation;
– The right to erasure of your personal data if:
• they are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
• you withdraw your consent on which the processing is based (e.g. commercial newsletters);
• you justifiably object to the processing;
• the data have been unlawfully processed; or
• a legal obligation is applicable.
– The right to object to processing for legitimate reasons,
– The right to data portability,
– The right to give instructions related to the use of your personal data after your death and,
– The right to withdraw your consent at any time for processing based on consent.
To exercise one or several of these rights, please contact the data protection officer at SCHOLTES CONSUMER AG, with proof of your identity, at the following e-mail address: contact.rgpd@schneiderconsumer.com.

 

6. Contact details

If you wish to file a complaint, please contact the CNIL (the French Data Protection Authority) at www.cnil.fr. You can register with the French telephone preference service to stop receiving cold calls by going to www.bloctel.gouv.fr/

 

Terms and Conditions of Use

 

The User acknowledges that they are fully aware that their consent to these Terms and Conditions of Use does not require a handwritten signature and arises from their simple visit to the Website. These Terms and Conditions of Use apply in addition to the Terms and Conditions of Sale of SCHOLTES CONSUMER AG, where applicable.

 

Obligations/Responsibilities of the User

The User shall undertake in particular to:
• Share no information which:
• is incorrect, inexact or misleading;
• is defamatory, libellous or slanderous;
• infringes any legal rights pertaining to copyright, patents, brands, industry secrets or other intellectual property rights, or rights pertaining to the disclosure of private information on third parties;
• contravenes French and/or other applicable law;
• contains viruses, Trojan horses, worms, time bombs, cancelbots or any other program with the goal of damaging or secretly interfering with a computer system, data or personal information;
• Make no attempts to mislead other users by usurping a company name or identity or damaging the image or the reputation of third parties and/or by pretending to be a registered service or affiliate of SCHOLTES CONSUMER AG in interactions with third parties or employees;
• Cause no disruption, slowing, blockage or change to normal data transfer as part of the Website’s activities;
• Make no attempts to illegally access, use, impede or disrupt the IT systems of SCHOLTES CONSUMER AG, in particular the servers or networks connected to the Website, or to refuse to comply with required conditions, procedures, general rules or regulatory dispositions that are applicable on these networks.

The User shall commit to complying with the relevant legal provisions applicable to information exchange on the internet and/or the Website and shall remain in all cases the sole responsible party for any damages to the rights of third parties as a result of the User’s use of the Website. Only the User is able to judge their legal, contractual and/or judiciary ability to access and/or use the Website. To this end, by using the Website, the User confirms that they are contravening no legal, contractual or statutory dispositions. The User shall commit to using the Site and its Services in compliance with public order, public security and good practices and shall remain in all cases the sole responsible party for any damages to public order, public security and good practices as a result of the User’s use of the Website.
In general, the User shall protect SCHOLTES CONSUMER AG from any complaints, actions and/or claims that it may be subject to in this regard and shall cover any costs, damages, bills, lawyer fees or other expenses which SCHOLTES CONSUMER AG may incur in this regard.

 

Copyright

The general structure and all software, text, animated and still images, sounds and expertise as well as all other elements on the Website are the exclusive property of SCHOLTES CONSUMER AG or its partners.

Any full or partial reuse of this Website without prior explicit approval from the owner is prohibited and would constitute an offence pursuant to Article L.335-2 et seq. of the French Intellectual Property Code.

The trademarks of SCHOLTES CONSUMER AG and its partners, as well as all logos featured on the Website, are semi-figurative or otherwise and are registered trademarks. Any full or partial reproduction of these trademarks or logos using elements taken from the Website without prior explicit approval from the owner is therefore prohibited pursuant to Article L.713-2 of the French Intellectual Property Code.

These Terms and Conditions of Use do not cede any of the intellectual property rights of SCHOLTES CONSUMER AG or its beneficiaries to the User. This includes sounds, videos, photographs, images, literary texts, artistic work, software, trademarks, graphs and figures and logos. Reuse of any aspect of the Website without prior explicit written approval by SCHOLTES CONSUMER AG is prohibited and constitutes an offence.

 

Responsibility

The Website and its content are supplied “as is” with no guarantees, particularly in terms of future performance. SCHOLTES CONSUMER AG excludes all guarantees insofar as the law allows. To this end, SCHOLTES CONSUMER AG in no way guarantees in particular that the Website will be accessible at all times or will be free from errors and/or flaws. In this regard, access to the Website may be temporarily suspended due to (i) maintenance of the hardware and/or software of the server for the Website and/or (ii) maintenance of the hardware, software and/or content of the Website and/or (iii) a case of force majeure. Should the Website become temporarily or permanently inaccessible, no claims for damages or any other form of compensation may be filed.

You are reminded that (i) data transfer online is only moderately reliable, as the transfer takes place over heterogeneous networks with differing characteristics and capacities which may saturate at certain times of day, thus impacting download times or data accessibility, (ii) the internet is an open network and, as a result, the information it carries is not protected from misappropriation, intrusions into your own system, piracy of data, programs and files in your system and computer viruses, and (iii) it is the User’s responsibility to take all necessary measures to protect their own system and contents from viruses and other intrusion attempts. As a result, SCHOLTES CONSUMER AG may not be held liable for any damages resulting from the access to or use and/or inaccessibility of the Website, particularly for any loss of data/programs, infections with viruses, any financial and/or commercial loss and/or any damage to reputation. SCHOLTES CONSUMER AG reserves the right to perform maintenance and updates during which products and services will be inaccessible. SCHOLTES CONSUMER AG reserves the right in particular to add or remove features, to change the layout of the Website and to insert hyperlinks for advertisement purposes or otherwise.

In all hypothetical scenarios and within the framework of the law, SCHOLTES CONSUMER AG may be held liable only in the event of proven tort within a limit of 12 months following the causative event; its liability is limited to the total of the income from services received by SCHOLTES CONSUMER AG over the last 12 months.

 

Applicable law

These Terms and Conditions of Use are governed by French law.

 

Exhaustiveness

These Terms and Conditions of Use cover an exhaustive list of all obligations from both Parties. However, they may be expanded on and/or rectified by any additional written agreement concluded between the Parties referring explicitly to these Terms and Conditions of Use.

No general or specific conditions set out by the User may be included in these Terms and Conditions of Use.

 

© SCHOLTES CONSUMER AG – November 2020