Legal information

Definitions

Customer: any professional or capable natural person within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site subject to these general conditions.

Services : https://berthoudcycles.fr/ provides to the Customers:

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

Information customers : Hereafter referred to as "Information (s)" which correspond to all personal data that may be held by https://berthoudcycles.fr/ 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 (GDPR: n° 2016-679)

1. Website presentation.

In accordance with 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 https://berthoudcycles.fr/ the identity of the various participants in its realization and its follow-up:

Owner: Berthoud Cycles SAS Share capital of 28000€ VAT number: FR 473 793 47 644 - 1035 Rue des Acacias - 71260 Fleurville
Responsible for publication: Philippe Marguet - contact@berthoudcycles.fr
The person in charge of publication is an individual or a legal entity.
Webmaster: Christophe Dubois - contact@berthoudcycles.fr
Web Hosting: ovh - 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Philippe Marguet - contact@berthoudcycles.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 Intellectual Property Code and the applicable International Regulations. The Customer cannot 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 https://berthoudcycles.fr/ implies the 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 https://berthoudcycles.fr/ are thus invited to consult them regularly.

This website is normally accessible to users at all times. However, https://berthoudcycles.fr/ may decide to interrupt the site for technical maintenance purposes. In such a case, https://berthoudcycles.fr/ will make every effort to inform users of the dates and times of the intervention. The website https://berthoudcycles.fr/ is regularly updated by Berthoud Cycles SAS. Similarly, 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 become familiar with them.

3. Description of the services provided.

The purpose of the website https://berthoudcycles.fr/ is to provide information concerning all the company's activities. Berthoud Cycles SAS strives to provide information on the https://berthoudcycles.fr/ website that is 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 indicated on the https://berthoudcycles.fr/ website is given as an indication, and is likely to evolve. In addition, the information on the site https://berthoudcycles.fr/ 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 site uses JavaScript technology. The website cannot be held responsible for material damages 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 https://berthoudcycles.fr/ is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (GDPR: 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, 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 a failure of its infrastructures or if the Services generate traffic deemed abnormal.

Berthoud Cycles SAS 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 the event of network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

Berthoud Cycles SAS is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the Internet site, 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 process used, is forbidden, except with the prior written authorization of Berthoud Cycles SAS

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 and following of the Intellectual Property Code.

6. Limitations of liability.

Berthoud Cycles SAS acts as the publisher of the site. https://berthoudcycles. fr/ is responsible for the quality and accuracy of the Content it publishes.

Berthoud Cycles SAS cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing the https://berthoudcycles.fr/ 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 an incompatibility.

Berthoud Cycles SAS cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website https://berthoudcycles.fr/. Interactive spaces (possibility of asking questions in the contact area) are available to users. Berthoud Cycles SAS 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. If necessary, Berthoud Cycles SAS 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 (GDPR: 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 processing the Personal Data is: Berthoud Cycles SAS. Berthoud Cycles SAS is represented by Philippe Marguet, its legal representative.

As the person responsible for processing the data it collects, Berthoud Cycles SAS undertakes to respect 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, from the time of the collection of their consent, with complete information on the processing of their personal data and to maintain a register of the processing in conformity with reality. Each time that https://berthoudcycles.fr/ processes Personal Data, https://berthoudcycles.fr/ takes all the reasonable measures to ensure the accuracy and the relevance of the Personal Data with regard to the purposes for which https://berthoudcycles.fr/ processes them.

7.2 Purpose of the collected data

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

• to allow navigation on the Site and the management and traceability of the services ordered by the user: connection and use data of the Site, invoicing, history of the orders, 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 carry out communication campaigns (email): email address

https://berthoudcycles.fr/ does not market your personal data which are thus 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 https://berthoudcycles.fr/ have the following rights:

• right of access (Article 15 GDPR) and rectification (Article 16 GDPR), update, completeness of Users' data right of blocking or deletion of Users' personal data (Article 17 GDPR), 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 GDPR)
• 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)
• right to define the fate of the data of the Users after their death and to choose to whom https://berthoudcycles.fr/ will have to communicate (or not) their data to a third party that they will have previously designated

As soon as https://berthoudcycles.fr/ has knowledge of the death of a User and in the absence of instructions of its share, https://berthoudcycles.fr/ commits itself destroying its data, except if their conservation proves to be necessary at evidential ends or to answer a legal obligation.

If the User wishes to know how https://berthoudcycles.fr/ uses his Personal Data, to ask to rectify them or to oppose their processing, the User may contact https://berthoudcycles.fr/ in writing at the following address

Berthoud Cycles SAS - DPO, Philippe Marguet - 1035 Rue des Acacias - 71260 Fleurville.

In this case, the User must indicate the Personal Data that he/she would like https://berthoudcycles.fr/ to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on https://berthoudcycles.fr/ by law, in particular as regards the conservation or archiving of documents. Finally, the Users of https://berthoudcycles.fr/ 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

https://berthoudcycles.fr/ refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as "non adequate" by the European Commission without informing the customer beforehand. However, https://berthoudcycles.fr/ 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 (GDPR: n° 2016-679).

https://berthoudcycles.fr/ makes a commitment to take all the necessary precautions in order to preserve the security of the Information and in particular that they are not communicated to not authorized persons. However, if an incident impacting the integrity or the confidentiality of the Information of the Customer is brought to the knowledge of https://berthoudcycles.fr/ the latter must inform the Customer as soon as possible and communicate the corrective measures taken. In addition https://berthoudcycles.fr/ does not collect any "sensitive data".

Within the limits of their respective attributions and for the purposes recalled above, the principal persons likely to have access to the data of the Users of https://berthoudcycles.fr/ are mainly the agents of our customer service.

8. Notification of incident

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 https://berthoudcycles.fr/ is published without the user's knowledge, exchanged, transferred, ceded or sold on any medium to third parties. Only the assumption of the repurchase of https://berthoudcycles.fr/ and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in its turn held of the same obligation of conservation and modification of the data with respect to the user of the https://berthoudcycles.fr/ site .

Security

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

At the time of the treatment of the Personal Data, https://berthoudcycles.fr/ takes all the reasonable measures aiming at protecting them against any loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. Hypertext links, cookies and internet tags

The site https://berthoudcycles.fr/ contains a number of hyperlinks to other sites, set up with the authorization of https://berthoudcycles.fr/. However, https://berthoudcycles.fr/ does not have the possibility of checking the contents of the sites thus visited, and consequently will not assume any responsibility of 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 will not damage the User's terminal in any way.

https://berthoudcycles.fr/ is likely to process the User's information concerning his visit to the Site, such as the pages consulted and the searches made. This information allows https://berthoudcycles.fr/ 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, the User can configure his browser to allow him 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 issuer. The User can also configure his browser so that the acceptance or refusal of Cookies is proposed to him punctually, before a Cookie is likely to be recorded in his terminal. https://berthoudcycles.fr/ informs the User that, in this case, it is possible that the functionalities of his browser are not all available.

If the User refuses the recording of Cookies in his terminal or his browser, or if the User deletes those recorded there, the User is informed that his navigation and his experience on the Site may be limited. This could also be the case when https://berthoudcycles.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 seems to be connected to the Internet.

If necessary, https://berthoudcycles.fr/ declines all responsibility for the consequences linked to the degraded functioning of the Site and of the services possibly proposed by https://berthoudcycles.fr/ resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://berthoudcycles.fr/ to record or to consult the Cookies necessary to their functioning because of the choice of the User. 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 wishes regarding Cookies. https://berthoudcycles.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 icons dedicated to the social networks Twitter, Facebook, Instagram appearing on the Website of https://berthoudcycles.fr/ or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on the Website or the mobile application of https://berthoudcycles.fr/ Twitter, Facebook, Instagram can 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 Website or mobile application of https://berthoudcycles.fr/. At any time, the User can nevertheless go back on his consent to the deposit of this type of cookies by https://berthoudcycles.fr/.

Article 9.2. INTERNET TAGS

https://berthoudcycles.fr/peutoccasionally employs Internet tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploys 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 https://berthoudcycles.fr/ to evaluate the responses of visitors 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 these tags, compile reports on Site activity for https://berthoudcycles.fr/ and provide other services relating to the use of the Site and the Internet.

10. Governing Law and Jurisdiction.

Any dispute relating to the use of the https://berthoudcycles.fr/ site is subject to French law. Except in cases where the law does not allow it, the competent courts of Bourg en Bresse have exclusive jurisdiction.