Legal Notices

Legal Notices

La Gabinière holiday residence – 3-star grading, category “Furnished tourist accommodation”, certified on April 14th, 2018

Url: http://www.residence-lagabiniere.com

» Company name: S.A. ELC – Résidence La Gabinière

» Legal form: Société Anonyme

» Capital: 3,060,000 €

» Registered office: 153, route de la Madrague – Giens – 83400 Hyères, France

» SIREN number: 399119171

» SIRET code: 39911917100045

» Tel: +33 (0)4 94 58 22 86

» Fax : +33 (0)4 94 58 11 63

» Email: info@residence-lagabiniere.com

» Online date of first version: 01/01/2006

» Online date of updated version: 20/05/2014

» Purpose of the site: presentation of La Gabinière holiday complex and apartments. Events & activities, exploring the region, online bookings.

» Director of the publication, person legally responsible: Christian COULOMB

» Person responsible for content: Nicolas QUERON.

» Design, editing, artistic direction: Styléo

» Photographs: © Vacances Giens (B. MATTIO, C. COULOMB, L. VACHIER, N.QUERON) / © ARIS / Photothèque Office du Tourisme d’Hyères-Les-Palmiers (© Hyères Tourisme / © Julien Mauceri) / Freepik / Shutterstock

» Hosting: OVH

The site presents:

– Informative content.

 

French Data Protection Act

A declaration concerning the site has been submitted to the French Data Protection Authority (CNIL). You have a right to access, amend, correct and delete data concerning you (Art. 34 of the French Data Protection Act).

 

Ownership and copyright

The site and its content are protected by French intellectual property law and the applicable international conventions. The site (and elements of its content) may not be reproduced, republished, copied, modified or distributed without the prior written permission of the rights holders (this does not apply to use within a family context or private use).

Definitions

Client: any professional or natural person capable under articles 1123 et seq. of the French Civil Code, or legal person visiting the site, the subject matter of these terms and conditions.
Content: all of the elements corresponding to the information on the website, and in particular text, images and videos.
Customer information: Hereinafter referred to as the “information” corresponding to all the personal data which may be held by SA ELC in order to manage your account, customer relations and for analytical and statistical purposes.
User: Any internet user connecting to the website: http://www.residence-lagabiniere.com, hereinafter referred to as the “site”.
Personal information: “Information which allows, in whatever form, directly or otherwise, the identification of natural persons to whom it applies” (article 4 of law n° 78-17 of 6 January 1978).

The terms “personal data”, “person concerned” and “sensitive data” take the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679).

1. Presentation of the Website.

By virtue of article 6 of law n° 2004-575 of 21 June 2004 on trust in the digital economy, we inform users of the website: http://www.residence-lagabiniere.com of the identity of the various stakeholders involved within the framework of its creation and follow-up:

Owner: SA ELC – SIRET number 399 119 171 – NAF Code: 5530 Z – VAT Number: FR 01 399 119 171 – Social capital of 3,060,000 € – 153 route de la Madrague – Giens – 83400 HYERES, France.
Publication manager: SA ELC – P-DG : Christian COULOMB – christian@vacances-giens.com
Data Protection Officer: Nicolas QUERON – nicolas@vacances-giens.com
Webmaster: STYLEO – 242 rue du Mas – 83600 FREJUS, France – Contact/Project Manager: Julien DEZITTER – julien.dezitter@styleo.fr
Host: OVH – 2 rue Kellermann – 59100 Roubaix, France 1007

2. General conditions governing 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 the applicable international regulations. The customer may not, under any circumstances reuse, transfer or exploit for their own benefit all or part of the elements or work of the Site.

Use of the site implies full acceptance of the general conditions of use set forth below. These conditions of use are subject to modification or addition at any time. Site users are therefore advised to check them regularly.

Users can normally access this website at any time. Access may be interrupted however, for technical maintenance if this is deemed necessary by SA ELC, which will endeavour to give prior notice to users of the dates and times of the maintenance. The site is updated regularly by SA ELC and STYLEO. Likewise, the legal notices can be modified at at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible to become familiar with them.

3. Description of the services provided.

The purpose of the website is to provide information which is as complete and accurate as possible regarding all of the services offered by La Gabinière holiday complex. However SA ELC and STYLEO may not be held liable for any omissions, inaccuracies or deficiencies in the update due to third-party partners who provide this information.

All of the information provided on the site is given as an indication, and may change. In addition, the information provided on the site is not exhaustive. It is given subject to modification(s) having been made since it was uploaded, despite SA ELC’s commitment to make updates as often as necessary.

4. Contractual limitations regarding technical data.

The site uses JavaScript technology. SA ELC cannot be held responsible for property damage related to use of the site. Furthermore, the user of the site agrees to access the site using recent, virus-free equipment and with a latest generation browser that has been updated. The site is hosted with a service provider within the European Union, in compliance with the provisions of the General Data Protection Regulation (GDPR: n° 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 periods possible, notably for the purposes of maintenance, improvement of its infrastructure, failure of its infrastructure or if the Services generate traffic deemed abnormal.

The site and the host cannot be held responsible in the event of malfunction of the Internet, telephone lines or computer and telephone equipment linked, in particular, to network congestion preventing access to the server.

5. Intellectual property and infringement.

SA ELC is the owner of the intellectual property rights and holds the rights of use over all the elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, unless it is with the prior written permission of SA ELC.

Any non-authorised exploitation of the site or of one of its constituent parts shall be deemed to constitute an infringement and pursued in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitations of Liability.

SA ELC acts as publisher of the site; it is responsible for the quality and truthfulness of the Content that it publishes.

SA ELC cannot be held responsible for direct or indirect damage caused to the user’s equipment when accessing the site, and resulting from either the use of equipment not meeting the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

SA ELC also cannot be held responsible for indirect damage (such as loss of business or opportunity for example) following use of the site.

7. Management of personal data.

The Customer is informed about the regulations concerning marketing communication, the law of 21 June 2014 on trust in the Digital Economy, the Data Protection Act of 6 August 2004, as well as the General Data Protection Regulation (GDPR: no. 2016-679).

7.1 Personal Data Collection Officer

The person responsible for processing personal data in the context of your navigation of the site is Nicolas QUERON, SA ELC Data Protection Officer, whose legal representative is Christian COULOMB, his CEO. We undertake to uphold the legal provisions in force and to keep an up-to-date and accurate record of processing.

7.2 Purpose of data collected

SA ELC is likely to process all or part of the data (postal address, e-mail, telephone number, date of birth, IP address, IT equipment used, connection and site use details, billing, holiday history) in order to:

• to allow navigation on the Site, the management and traceability of performances and services ordered by the user;
• to prevent and fight against computer-related crime (spamming, hacking, etc.);
• to improve navigation on the site;
• to send a recapitulative e-mail prior to the stay, as well as a satisfaction survey post-stay;
• to conduct communication campaigns (4-6 newsletters per year, from which it is possible to unsubscribe).

SA ELC does not sell your personal data, which is, therefore, only used out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification and opposition

In compliance with applicable European Union regulations, users of the site may exercise the following rights:

• Right of access (article 15 GDPR) and rectification (article 16 GDPR), right to update or complete User data
• Right to have User data blocked or deleted (article 17 GDPR), when it is inaccurate, incomplete, unclear, out of date, or for which collection, use, disclosure or storage is prohibited;
• Right to withdraw consent at any time (article 13-2c GDPR);
• Right to limit the processing of User data (article 18 GDPR);
• Right to opposition of user data processing (article 21 GDPR);
• Right to the portability of data which users have supplied, when this data is processed by automated means and based on the user’s consent or on a contract (article 20 GDPR);
• Right to define the fate of Users’ data after their death and to choose to whom SA ELC will have to communicate (or not) his data, who shall be a third party that they will have previously designated.

From the time it learns of the death of a user and in the absence of instructions on his part, SA ELC agrees to destroy their data, unless retention of it is necessary for evidentiary purposes or to meet a legal obligation.

If the user wishes to know how SA ELC uses their personal data, or if they wish to ask for their data to be rectified or to oppose its processing, they can contact SA ELC in writing at the following address: 153 route de la Madrague – Giens – 83400 HYERES, France for the attention of Nicolas QUERON, Data Protection Officer.

In this case, the User must indicate the Personal Data that he would like SA ELC to correct, update or delete, by identifying himself precisely with a copy of a piece of identification (identification card or passport).

Requests for deletion of Personal Data will be submitted to obligations that are imposed on SA ELC by law, in particular in terms of retention or archiving of documents. Lastly, users of the site may lodge a complaint with the supervisory authorities, and in particular with the CNIL [French Data Protection Authority], at the following address: https://www.cnil.fr/fr/plaintes.

7.4 Non-communication of personal data

SA ELC refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognised as “unsuitable” by the European Commission without informing the customer of this in advance. However, SA ELC remains free to choose its technical and commercial subcontractors, on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).

SA ELC agrees to take all the necessary precautions in order to preserve the security of the Information and, in particular, to prevent it from being communicated to unauthorised persons. However, if an incident impacting the integrity or confidentiality of Customer Information is brought to the attention of SA ELC, it shall notify the customer as soon as possible and let him know the corrective measures taken. In addition, SA ELC does not collect any “sensitive” data.

Within the limits of their respective duties and for the purposes recalled above, the main people likely to have access to the data of SA ELC are administrative and sales staff.

7.5 Type of data collected

Concerning site users, we collect the following data which is necessary for the functioning of the service, and which will be stored for a maximum period of 36 months after the end of the contractual relationship: first and last name, date of birth, postal address, e-mail and telephone number.

The site also collects information to help enhance the user experience and to offer contextualised advice: browser data to enable the suggestion of bespoke services and to generate audience statistics (Google Analytics, Google Adwords, Bing Ads, Facebook). This data is stored for a maximum period of 36 months after the end of the contractual relationship.

8. Incident notification

Regardless of the efforts made, no method of transmission on the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we became aware of a security breach, we would notify affected users so that they could take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We commit to fully informing our customers of all matters relating to the security of their account and provide them with all information necessary to help them meet their own regulatory obligations with regard to reporting.

No personal information of site users is published without the knowledge of the user, or exchanged, transferred, assigned or sold on any medium to third parties. Only a scenario of the purchase of SA ELC and its rights would allow the transfer of said information to the prospective buyer who would, in turn, be bound by the same obligation to store and modify data with regard to the site user.

Security

To ensure the security and confidentiality of data, SA ELC uses networks protected by standard devices such as a firewall, pseudonymisation, encryption and password protection. When processing personal data, it takes all reasonable measures to protect it against any loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hypertext links “cookies” and internet tags

The site contains a number of hypertext links to other sites, set up with the permission of SA ELC. However, SA ELC does not have the possibility of checking the content of the sites thus visited, and will therefore assume no liability in this regard.

Unless you decide to disable cookies, you agree that the site can use them. You can deactivate these cookies at any time free of charge from the deactivation options available to you and recalled below, with the understanding that this can reduce or prevent accessibility to all or part of the Services offered by the site.

9.1. “COOKIES”

A “Cookie” (hereinafter “cookies”) is a small information file sent to the user’s browser and saved on their device (e.g.: computer, smartphone, tablet). This file includes information such as the domain name of the User, the User’s Internet service provider, the User’s operating system, as well as the date and time of access. Cookies do not risk in any way damaging the User’s terminal.

SA ELC is likely to process the User’s information concerning his visit to the Site, such as the pages consulted, the searches done. This information helps to enhance the site content and the user’s browser experience.

Since Cookies facilitate navigation and/or provision of the services offered through the Site, the User can configure his browser so that it allows him to decide whether or not he wishes to accept them so that Cookies are stored in the terminal or, on the contrary, so that they are rejected, either systematically or according to their issuer. The User can also configure his browser software so that the acceptance or refusal of Cookies are offered to him occasionally, before a Cookie can be saved in his terminal. SA ELC informs users that, in this case, it is possible that not all of its browser software functionalities will be available.

IIf the User refuses to have Cookies saved in his terminal or his browser, or if the User deletes those saved there, the User is informed that his navigation and his experience on the Site may be limited. This may also be the case when SA ELC or one of its partners cannot recognise, for reasons of technical compatibility, 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.

Where applicable, SA ELC declines all responsibility for consequences related to the downgraded functioning of the site, resulting either from refusal of cookies by the user, or from the inability of SA ELC to save or consult the cookies needed for their functioning due to the user’s choice. For the management of Cookies and choices of User, the configuration of each browser is different. It is described in the browser’s help menu, which will make it possible to know how the User can modify his wishes in terms of Cookies.

At any time, the User can choose to express and modify his wishes regarding Cookies. SA ELC also call upon the services of external service providers to help it collect and process the information described in this section.

Lastly, by clicking on the icons dedicated to the Facebook social network, and provided the user has accepted for cookies to be saved by continuing to browse the site, Facebook can also place cookies on your terminals (computer, tablet, mobile telephone).

These types of cookies are only saved on your devices if you so agree, by continuing to browse the site. At any time, the User may nevertheless revoke his consent.

Article 9.2. INTERNET TAGS

The site may occasionally use Internet tags, (action tags, single-pixel GIF, transparent GIF, invisible GIFs and GIFs one by one) and deploy them through a partner specialising in web analyses likely to be found (and, therefore, store the corresponding information, including the User’s IP address) in a foreign country.

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

This technology allows SA ELC 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 information viewed), 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 websites using these tags, compile reports on the activity of the Site for the attention of SA ELC, and provide other services relating to the use of it and the Internet.

10. Applicable law and allocation of jurisdiction.

Any dispute arising from use of the site shall be subject to French law. Apart from cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Toulon, (Var Department, France).