Definitions

Customer :Any professional or capable natural person within the meaning of articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions.
Services : https://www.espinosa.fr provides customers with :

Contents:All the elements making up the information on the Site, in particular text - images - videos.

Customer information : Hereinafter referred to as "Information (s)", which corresponds to all personal data that may be held by https://www.espinosa.fr to manage your account, customer relations and for analysis and statistical purposes.

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

Personal information : "Information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law no. 78-17 of January 6, 1978).

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

1. Website presentation.

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website are hereby informed thathttps://www.espinosa.frThe identity of the various parties involved in its implementation and follow-up:

Owner sARL ESPINOSA CHRISTIAN ET FILS Share capital: 185530€ VAT number: FR14342232717 - 43 BOULEVARD BERTHELOT 34000 MONTPELLIER
Responsible for publication : ESPINOSA MARC - info@espinosa.fr
The person responsible for publication is an individual or a legal entity.
Webmaster fISTER JULIEN - 0467060476
Host ms Info - 32 rue de la Cadorque 34430 Saint-Jean-fr-Védas 0467155555
Data Protection Officer fISTER JULIEN - info@espinosa.fr

2. General conditions of use of the site and the services offered.

The Site constitutes an intellectual work protected by the provisions of the French 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 on the Site.

Use of the sitehttps://www.espinosa.frImplies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any timehttps://www.espinosa.frAre invited to consult them on a regular basis.

This website is normally accessible to users at all times. An interruption for technical maintenance may however be decided by https://www.espinosa.fr, who will then endeavour to inform users of the dates and times of the intervention in advance. The websitehttps://www.espinosa.frIs regularly updated by https://www.espinosa.fr responsible. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to take cognizance of them.

3. Description of services provided.

The websitehttps://www.espinosa.frIs to provide information concerning all of the company's activities. https://www.espinosa.fr strives to provide on the sitehttps://www.espinosa.frInformation as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or failures to update, whether caused by itself or by third-party partners supplying the information.

All information on the websitehttps://www.espinosa.frAre given for information only, and are subject to change. Furthermore, the information provided on thehttps://www.espinosa.frAre not exhaustive. They are subject to any changes that may have been made since they were 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 site. In addition, users of the site undertake to access the site using recent, virus-free equipment and with a latest-generation, up-to-date browser https://www.espinosa.fr is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679)

The aim is to provide a service that ensures the best possible level of accessibility. The host ensures continuity of service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure, or if the Services generate traffic deemed abnormal.

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

5. Intellectual property and counterfeiting.

https://www.espinosa.fr is the owner of the intellectual property rights and holds the usage rights to all elements accessible on the website, including 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 process used, is forbidden, except with the prior written authorization of : https://www.espinosa.fr.

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

6. Limitation of liability.

https://www.espinosa.fr acts as site editor. https://www.espinosa.fr is responsible for the quality and accuracy of the Content it publishes.

https://www.espinosa.fr cannot be held responsible for any direct or indirect damage caused to the user's equipment when accessing the website https://www.espinosa.fr, 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.

https://www.espinosa.fr cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of thehttps://www.espinosa.fr. Interactive areas (possibility to ask questions in the contact area) are available to users. https://www.espinosa.fr reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular provisions relating to data protection. Where applicable, https://www.espinosa.fr 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, regardless of the medium used (text, photographs, etc.).

7. Personal data management.

The Customer is informed of the regulations concerning marketing communications, 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 Data Protection Regulation (RGPD: n° 2016-679).

7.1 Persons responsible for the collection of personal data

For Personal Data collected as part of the creation of the User's personal account and browsing on the Site, the person responsible for processing Personal Data is: ESPINOSA CHRISTIAN ET FILS. https://www.espinosa.fris represented by ESPINOSA Marc, its legal representative

As the party responsible for processing the data it collects, https://www.espinosa.fr undertakes to comply with the legal provisions in force. In particular, it is the customer's responsibility to establish the purposes of its data processing, to provide its prospects and customers with complete information on the processing of their personal data, once their consent has been obtained, and to maintain a data processing register that is accurate. Whenever https://www.espinosa.fr processes Personal Data, https://www.espinosa.fr takes all reasonable steps to ensure that Personal Data is accurate and relevant to the purposes for which it is to be used https://www.espinosa.fr processes them.

 

7.2 Purpose of the data collected

 

https://www.espinosa.fr is likely to process all or part of the data:

  • to enable browsing on the Site and the management and traceability of services ordered by the user: Site connection and usage data, invoicing, order history, etc.
  • to prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password (hashed), etc
  • to improve browsing on the Site: connection and usage data
  • to conduct optional satisfaction surveys on https://www.espinosa.fr e-mail address
  • for communication campaigns (sms, e-mail): telephone number, e-mail address

https://www.espinosa.fr does not sell your personal data, which is only used for statistical and analysis purposes.

 

7.3 Right of access, rectification and opposition

 

In accordance with current European regulations, Users of https://www.espinosa.fr have the following rights:

 

  • right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, 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
  • right to withdraw consent at any time (article 13-2c RGPD)
  • right to limit the processing of Users' data (Article 18 RGPD)
  • right to object to the processing of Users' data (Article 21 RGPD)
  • right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 RGPD)
  • the right to determine what happens to Users' data after their death and to choose to whom this data should be disclosed https://www.espinosa.fr communicate (or not) its data to a third party that it has designated in advance

As soon as https://www.espinosa.fr is aware of the death of a User and in the absence of instructions from the User, https://www.espinosa.fr undertakes to destroy its data, unless its retention is necessary for evidentiary purposes or to meet a legal obligation.

 

If the User wishes to know how https://www.espinosa.fr use his Personal Data, ask for them to be rectified or object to their processing, the User may contact https://www.espinosa.fr in writing to the following address

ESPINOSA CHRISTIAN ET FILS - DPO, FISTER JULIEN
43 BOULEVARD BERTHELOT 34000 MONTPELLIER.

In this case, the User must indicate the Personal Data he or she would like to be deleted https://www.espinosa.fr corrects, updates or deletes, by identifying himself/herself precisely with a copy of an identity document (ID card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on https://www.espinosa.fr by law, particularly in terms of document retention and archiving. Finally, Users of https://www.espinosa.fr can lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

 

7.4 Non-disclosure of personal data

https://www.espinosa.fr will not process, host or transfer any information collected from its customers to a country outside the European Union, or to a country recognized as "non-adequate" by the European Commission, without first informing the customer. However, https://www.espinosa.fr 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: no. 2016-679).

https://www.espinosa.fr undertakes to take all necessary precautions to preserve the security of the Information, and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of https://www.espinosa.fr, the latter must inform the Customer as soon as possible and inform him of the corrective measures taken. In addition https://www.espinosa.fr does not collect any "sensitive data".

The User's Personal Data may be processed by subsidiaries of https://www.espinosa.fr and subcontractors (service providers), exclusively in order to achieve 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 https://www.espinosa.fr are mainly our customer service agents.

7.5 Types of data collected

Concerning users of a Site https://www.espinosa.fr, we collect the following data, which is essential for the operation of the service, and which will be kept for a maximum period of 12 months after the end of the contractual relationship:
Last name, First name, E-mail address, Company name, SIRET, postal address, telephone number

https://www.espinosa.fr also collects information to improve the user experience and provide contextualized advice:
iP address, browser cache

This data is kept for a maximum period of 12 months after the end of the contractual relationship

8. Incident notification

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to their account security, and to providing them with all the information they need to help them meet their own regulatory reporting obligations.

No personal information about the user of the sitehttps://www.espinosa.frIs published without the user's knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the assumption of https://www.espinosa.fr and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the sitehttps://www.espinosa.fr.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.espinosa.fr uses networks protected by standard features such as firewalls, pseudonymization, encryption and passwords.

 

When processing Personal Data, https://www.espinosa.frtakes all reasonable measures to protect them against loss, misuse, unauthorized access, disclosure, alteration or destruction.

 

9. Hypertext links, cookies and Internet tags

Le sitehttps://www.espinosa.frContains a number of hypertext links to other sites, set up with the authorization of https://www.espinosa.fr. However, https://www.espinosa.fr is not in a position to check the content of sites visited in this way, and consequently assumes no responsibility in this respect.

Unless you decide to deactivate cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options provided below, although 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 data file sent to the User's browser and stored on 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 are in no way likely to damage the User's terminal.

 

https://www.espinosa.fr may process information about the User's visit to the Site, such as pages consulted and searches carried out. This information enables https://www.espinosa.fr to improve the content of the Site and the User's browsing experience.

 

As Cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure his/her browser to allow him/her to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or according to their sender. The User may also configure his browser software so that acceptance or rejection of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his terminal. https://www.espinosa.fr informs the User that, in this case, the functionalities of his/her browser may not be fully available.

 

If the User refuses to accept cookies on his/her terminal or browser, or if the User deletes cookies stored on his/her terminal or browser, the User is informed that his/her browsing and experience on the Site may be limited. This may also be the case when https://www.espinosa.fr 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 appears to be connected to the Internet.

 

If applicable, https://www.espinosa.fr declines all responsibility for the consequences linked to the degraded functioning of the Site and any services offered by https://www.espinosa.fr, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for the User to use Cookies https://www.espinosa.fr to save or consult the Cookies necessary for their operation, by choice of the User. Each browser is configured differently to manage Cookies and User choices. It is described in the browser's help menu, which will indicate how the User can modify his or her wishes with regard to Cookies.

 

At any time, the User may choose to express and modify his or her wishes with regard to Cookies. https://www.espinosa.fr may also use the services of external service providers to help it collect and process the information described in this section.

 

Finally, by clicking on the Twitter, Facebook, Linkedin and Google Plus social network icons on the https://www.espinosa.fr or its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the Website or mobile application of https://www.espinosa.fr, twitter, Facebook, Linkedin and Google Plus may also place 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 browsing on the website or mobile application https://www.espinosa.fr. At any time, however, the User may withdraw his consent for https://www.espinosa.fr deposits this type of cookie.

 

Article 9.2. INTERNET TAGS

 

https://www.espinosa.fr may occasionally employ web beacons (also known as "tags", action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a specialist web analytics partner who may be located (and therefore store the relevant information, including the User's IP address) in a foreign country.

 

These beacons are placed both in online advertisements enabling Internet users to access the Site, and on its various pages.

This technology enables https://www.espinosa.fr 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 on visitors to the Site and other Internet sites thanks to these beacons, compile reports on Site activity for the attention of https://www.espinosa.fr, and to provide other services relating to the use of this site and the Internet.

 

10. Applicable law and jurisdiction.

Any dispute relating to the use of the sitehttps://www.espinosa.frIs governed by French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Montpellier