Legal notice

Definitions
Customer: Any professional or natural person capable of the meaning of articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject of the present general conditions.

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 personal data that may be held by for the management of your account, the management of customer relations and for analysis and statistical purposes.

User: Internet user connecting, using the above-mentioned site.

Personal information: "Information that allows, in any form whatsoever, directly or not, the identification of individuals to whom they apply" (Article 4 of Law No. 78-17 of January 6, 1978).

The terms "personal data", "data subject", "subcontractor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (RGPD: n° 2016-679)

 

 

1. Presentation of the boat-trip-guadeloupe.fr website
According to the article 6 of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, it is specified to the users of the website the identity of the various speakers within the framework of its realization and its follow-up:

 

Owner: SAS BOAT TRIP - 3 rue Joseph Chaudrin 97139 LES ABYMES (hereinafter referred to as "the Company")

Share capital of 1 000 € - SIREN : 898528419

Publication manager : Karl MATIMA - matima.kar.rent@gmail.com

Webmaster : BEELIZ - Web & Digital Marketing Agency - info@beeliz.com

Host : Wix.com Inc. - 500 Terry A François Bldv San Francisco, CA 94158 - Phone : +1 415-639-9034

Data Protection Officer: Karl MATIMA - matima.kar.rent@gmail.com

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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 applicable international regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the Site.

The use of the site implies full and complete acceptance of the general conditions of use described below. These conditions of use are likely to be modified or completed at any time, the users of the site are thus invited to consult them regularly.

This website is normally accessible to users at all times. An interruption for technical maintenance may be decided by the Company, which will endeavour to inform users in advance of the dates and times of the intervention. The website is updated regularly. In the same way, the legal notices can be modified at any time: they are nevertheless imposed on the user who is invited to refer to them as often as possible in order to take note of them.

 

 

3. Description of the services provided
The purpose of the website is to provide information concerning all of the Company's activities. The Company strives to provide information on the site as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are of its own making or of the making of third-party partners who provide it with this information.

All the information on the site is given as an indication, and is likely to evolve. Moreover, the information on the site is not exhaustive. It is given subject to modifications having been made since it was put on line.

 

4. Contractual limitations on technical data
The website uses JavaScript technology. The website cannot be held responsible for any material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with a browser of the latest generation updated The site is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (RGPD: No. 2016-679)

The objective 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. However, the Hosting Company reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve 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 malfunction of the Internet network, telephone lines or computer and telephone equipment, particularly due to network congestion preventing access to the server.

 

 

5. Intellectual property and counterfeiting
The Company is the owner of the intellectual property rights and holds the rights of use on all the 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, except with the prior written authorization of the Company.

Any unauthorized use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.

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6. Limitations of liability
The Company acts as the publisher of the site. The Company is responsible for the quality and accuracy of the Content it publishes. 

The Company may not be held liable for direct or indirect damage caused to the user's equipment when accessing the website, 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 incompatibility.

The Company cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site. Interactive areas (possibility of asking questions in the contact area) are available to users. The Company reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, the Company also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).

 

 

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 Regulation on Data Protection (RGPD: No. 2016-679). 

 

 

7.1 Persons responsible for the collection of personal data
For the Personal Data collected in the context of the creation of the User's personal account and his navigation on the Site, the person responsible for the processing of Personal Data is: The Company is represented by its legal representative.

As the party responsible for processing the data it collects, the Company undertakes to comply with the legal provisions in force. In particular, it is the Client's responsibility to establish the purposes of its data processing, to provide its prospects and clients, upon collection of their consent, with complete information on the processing of their personal data and to maintain a register of the processing in accordance with the reality. Whenever the Company processes Personal Data, it 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
The Company may process all or part of the data: 

to enable browsing on the Site and the management and traceability of the services ordered by the user: connection data and use of the Site, billing, order history, etc.

to prevent and fight against computer fraud (spamming, hacking...): computer equipment used for navigation, IP address, password (hashed) 

to improve navigation on the Site: connection and usage data

to conduct optional satisfaction surveys: email address 

to conduct communication campaigns (sms, email): phone number, email address

The Company does not sell your personal data, which is therefore 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, the Users of the site have the following rights: 

 

right of access (Article 15 RGPD) and rectification (Article 16 RGPD), update, completeness of Users' data right to block or delete Users' personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited 

the right to withdraw consent at any time (Article 13-2c GDPR) 

the right to limit the processing of Users' data (article 18 RGPD)

right to object to the processing of Users' data (Article 21 GDPR) 

the right to portability of the data provided by the Users, when such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR) 

the right to define the fate of Users' data after their death and to choose to whom the Company shall communicate (or not) their data to a third party that they have previously designated

 

As soon as the Company becomes aware of the death of a User and in the absence of instructions from the User, the Company undertakes to destroy the User's data, except if their retention is necessary for evidentiary purposes or to meet a legal obligation.

 

If the User wishes to know how the Company uses his or her Personal Data, ask to rectify them or oppose their processing, the User may contact the Company in writing at the address indicated in Article 1.

 

In this case, the User must indicate the Personal Data that he/she would like the Company to correct, update or delete, identifying him/herself 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 imposed on the Company by law, in particular as regards the retention or archiving of documents. Finally, Users of the site may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

 

 

7.4 Non-communication of personal data
The Company shall not process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognized as "non-adequate" by the European Commission without prior notice to the client. However, the Company remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).

The Company undertakes to take all necessary precautions to preserve the security of the Information and, in particular, to ensure that it is not disclosed to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Client's Information is brought to the Company's attention, the Company shall inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, the Company does not collect any "sensitive data".

The User's Personal Data may be processed by the Company's subsidiaries and subcontractors (service providers) exclusively for the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to the data of the Users of the site are mainly the agents of our customer service.

 

8. Incident Notification
Despite our best efforts, 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 notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all necessary information to help them meet their own regulatory reporting obligations.

No personal information of the user of the site is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the repurchase of the Company and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the site.

 

Security : 
To ensure the security and confidentiality of Personal Data and Personal Health Data, the Company uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords. 

 

When processing Personal Data, the Company includes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

 

9. Hypertext links, cookies and internet tags
The site contains a certain number of hypertext links to other sites, set up with the authorization of the Company. However, the Company does not have the possibility of checking the content of the sites thus visited, and consequently will not assume any responsibility for this fact.

Unless you decide to deactivate the cookies, you accept that the site can use them. You can deactivate these cookies at any time, free of charge, using the deactivation options 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.

 

9.1 "COOKIES

A "cookie" is a small information file sent to the User's browser and stored within the User's terminal (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 do not damage the User's terminal in any way.

 

The Company is likely to process the User's information concerning his/her visit to the Site, such as the pages consulted and the searches carried out.

 

This information allows the Company to improve the content of the Site and the User's navigation.

 

Cookies facilitate navigation and/or the provision of services offered by the Site, and the User may configure his or her browser to allow him or her to decide whether or not to accept them so that cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his or her browser software so that acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to be saved in his or her terminal. The Company informs the User that, in this case, it is possible that not all of the functionalities of his/her browser software will be available.

 

 

If the User refuses the storage of Cookies in his terminal or browser, or if the User deletes those stored there, the User is informed that his navigation and experience on the Site may be limited. This could also be the case when the Company or one of its service 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 seems to be connected to the Internet.

 

Where applicable, the Company declines all responsibility for the consequences related to the degraded functioning of the Site and of the services that may be offered by the Company, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for the Company to record or consult the Cookies necessary for their functioning due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow the User to know how to modify his/her wishes regarding Cookies.

 

At any time, the User can choose to express and modify his or her wishes with regard to Cookies. In addition, the Company may use the services of external service providers to assist in collecting and processing the information described in this section.

 

 

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the Company's Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the Company's Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, cell phone).

 

These types of cookies are deposited on your terminals only if you consent to them, by continuing your navigation on the Company's Website or mobile application. At any time, the User may nevertheless revoke his or her consent to the Company depositing this type of cookie.

 

Article 9.2. INTERNET TAGS
The Company may occasionally employ Internet tags (also known as "tags," or 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 beacons are placed both in the online advertisements that allow users to access the Site and on the various pages of the Site.  

 

This technology allows the Company to evaluate visitors' responses to the Site 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 Site and other websites through the use of these tags, compile reports on Site activity for the Company, and provide other services related to the use of the Site and the Internet.

 

 

10. Applicable Law and Jurisdiction
Any dispute relating to the use of the Site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Pointe-à-Pitre.