ARTICLE 1. PARTIES
The present general conditions are applicable between STUDIO FACT MEDIA GROUP, share capital : 10 000,00 €, head office : 23, Rue d’Anjou 75008 Paris, France, email : /, hereinafter ” the Publisher ” and any person, natural or legal, of private or public law, registered on the Site to purchase a Product, hereinafter ” the Customer “.
ARTICLE 2. DEFINITIONS
” Customer” : any person, natural or legal, private or public, registered on the Site.
” Site Content”: elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
” The Publisher “: STUDIO FACT MEDIA GROUP, SAS, in its capacity as publisher of the Site.
” Internet user “: any person, natural or legal, of private or public law, connecting to the Site.
” Product “: goods of any kind sold on the Site by the Publisher to the Customers.
” Site” means the website accessible at the URL www.studiofactmediagroup.com, as well as any sub-sites, mirror sites, portals and URL variations thereof.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. The simple connection to the Site, by any means whatsoever, including through a robot or a browser, will entail full acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges that he/she has fully understood and accepted them without restriction.
The fact of checking the above-mentioned box shall be deemed to have the same value as a handwritten signature by the Internet user. The Internet user recognizes the value of proof of the automatic recording systems of the Editor and, unless he brings proof to the contrary, he renounces to contest them in case of litigation.
The present general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these terms and conditions assumes that Internet users have the legal capacity to do so, or if not, that they have the authorization of a guardian or curator if they are incapable, or of their legal representative if they are minors, or that they have a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. CUSTOMER SERVICE
The customer service of the Site is accessible from Monday to Friday from 09:00 to 19:00 by e-mail at: contact@studiofactmediagroup.com or by mail at the address indicated in article 1 of the present general conditions. In these two cases, the Editor undertakes to provide a response within 5 working days.
ARTICLE 6. PERSONAL DATA
Within the framework of its service, the Editor will have to process personal data of its Customers.
6.1. Identity of the data controller
The person responsible for the collection and processing of data on the Site is the Publisher.
6.2. Data collected
6.2.1. Data collected from customers
Within the framework of its contractual relations, the Editor can be brought to collect and treat information of its Customers, namely: Email, Name and First Name.
6.2.2. Purposes of the collection of personal data
The data collected during the contractual relationship are subject to automated processing for the purpose of :
- Fulfill contractual commitments;
- contact the Clients;
- avoid any illicit or illegal activity;
- enforce the terms and conditions;
- initiate legal proceedings;
- verify the identity of the Clients;
6.2.3. Legal basis of the processing
The data collected has a legal basis in a contractual relationship.
6.2.4. Recipients of the data
The data collected are only available to the Publisher within the limits strictly necessary for the execution of the contractual commitments.
These data, whether in individual or aggregated form, are never made freely viewable by a third party.
6.2.5. Length of retention of personal data
The personal data collected are kept for the duration of the contractual relationship, and for the time during which the responsibility of the Editor can be engaged.
After the retention period, the Editor undertakes to permanently delete the data of the persons concerned without keeping a copy.
6.2.6. Security and confidentiality of personal data
Personal data is kept in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to the Publisher’s premises is also secured.
6.2.8. Data minimization
The Publisher may also collect and process any data voluntarily submitted by its Customers.
The Publisher directs its Customers to provide personal data that is strictly necessary for the performance of the contractual obligations.
The Publisher undertakes to keep and process only the data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
6.3. Respect for rights
The Publisher’s Customers have the following rights concerning their personal data, which they may exercise by writing to the Publisher’s postal address or by filling in the online contact form.
6.3.1. Right to information, access and communication of data
The Publisher’s Customers have the possibility to access their personal data.
Because of the security and confidentiality obligations in the processing of personal data that are incumbent on the Publisher, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a written request), both accompanied by the words “I certify on my honor that the copy of this identity document is in conformity with the original. Done at … on …”, followed by their signature.
To help them in their approach, Clients will find here a model letter elaborated by the Cnil.
6.3.2. Right to rectify, delete and forget data
The Editor’s Customers have the possibility to ask for the rectification, the update, the blocking or the deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
The Publisher’s Customers may also define general and specific directives concerning the fate of their personal data after their death. In such cases, the heirs of a deceased person may request that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To help them in their approach, Clients will find here a model letter elaborated by the Cnil.
6.3.3. Right to object to data processing
The Publisher’s Customers have the possibility to object to the processing of their personal data.
To help them in their approach, Clients will find here a model letter elaborated by the Cnil.
6.4.4. Right to data portability
Publisher’s Customers are entitled to receive the personal data they have provided to Publisher in a transferable, open and readable format.
6.4.5. Right to limit processing
The Publisher’s Customers have the right to request that the processing of their personal data by the Publisher be restricted. Thus, their data can only be kept and not used by the Editor.
6.4.6. Response times
The Publisher undertakes to reply to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which may not exceed one month from receipt of the request.
6.4.7. Complaint to the competent authority
If the Publisher’s Customers consider that the Publisher is not complying with its obligations with respect to their personal data, they may lodge a complaint or request with the competent authority. In France, the competent authority is the Cnil to which they can send a request here.
6.5. Transfer of collected data
6.5.1. Transfer to partners
The Publisher uses authorized service providers to facilitate the collection and processing of its Customers’ data. These service providers may be located outside the European Union.
The Publisher has previously ensured that its service providers have implemented adequate safeguards and comply with strict conditions regarding confidentiality, use and protection of data, for example via the US Privacy Shield.
6.5.2. Transfer by requisition or court order
Customers also agree that the Publisher may disclose the collected data to any person, upon request of a state authority or court order.
6.5.3. Transfer in connection with a merger or acquisition
If the Publisher becomes involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the transfer of the data collected by the Publisher to such company and to such company carrying out the personal data processing described in these Terms of Service on behalf of the Publisher.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal protection of the Site Content
The Contents of the Site are likely to be protected by the copyright and the right of the data bases. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to prosecution for infringement.
8.2. Contractual protection of the Site Content
The Internet user contractually commits to the Editor not to use, reproduce or represent, in any way, the Contents of the Site, whether or not they are protected by an intellectual property right, for another purpose than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
8.3. Protection of the general conditions
The general conditions of the Site are protected by commercial law. Any reproduction, in whole or in part, made without our consent will be liable to legal action for parasitism.
ARTICLE 9. FINAL STIPULATIONS
9.1. Applicable law
The present general conditions are subject to the application of French law.
9.2. Changes to these Terms and Conditions
The present general conditions can be modified at any time by the Publisher. The general terms and conditions applicable to the Customer are those in force on the day of his order or his connection to the present Site, any new connection to the personal space implying acceptance of the new general terms and conditions.
9.3. Litigation
In accordance with the order n°2015-1033 of August 20, 2015, all disputes which could arise within the framework of the execution of the present general conditions and whose solution will not have been able to be found beforehand with the friendly one between the parts will have to be submitted to a mediator. The process is described at the following URL: https: //www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques/mediation-de-la-consommation
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https: //ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the rules of the Digital Institute of Arbitration and Mediation: www.fast-arbitre.com.
9.4. Entirely
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such event, the parties shall, to the extent possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose of this Agreement.
9.5. Non-waiver
The Publisher’s failure to exercise its rights hereunder shall not be construed as a waiver of such rights.
9.6. Telephone canvassing
The Customer is informed that he/she has the possibility to register on the opposition list to telephone solicitation at the address http://www.bloctel.gouv.fr/.
9.7. Languages of these terms and conditions
The present general conditions are proposed in French.
9.8. Abusive clauses
The stipulations of the present general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.