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 which is the subject of these general conditions.
Services : https://very-yachting.com provides the Customers with :
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 https://very-yachting.com for the management of your account, customer relationship management 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 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)
- Presentation of the website.
Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified to users of the website https://very-yachting.com the identity of the various stakeholders in its implementation and monitoring:
Owner : SAS VERY YACHTING Share capital of 7500€ VAT number: FR64817613664 – 19 rue Cassin 83190 Ollioules
Responsible for publication: Eric Marteau –
firstname.lastname@example.orgLe responsible for publication is a natural person or a legal entity.
Webmaster : Franck Espinet – email@example.com
Host: O2Switch – 222-224 Boulevard Gustave Flaubert 63000 Clermont-Ferrand 04 44 44 60 40
Data Protection Officer: Eric Marteau – firstname.lastname@example.org
- General conditions of use of the site and the proposed services.
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 https://very-yachting.com implies full 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://very-yachting.com are thus invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance may however be decided by https://very-yachting.com, which will then endeavour to inform users in advance of the dates and times of the intervention. The website https://very-yachting.com is regularly updated by https://very-yachting.com. In the same way, the legal mentions can be modified at any time: they are nevertheless imposed to the user who is invited to refer to them as often as possible in order to take note of them.
- Description of services provided.
The website https://very-yachting.com has for object to provide information concerning the whole of the activities of the company. https://very-yachting.com endeavours to provide on the website https://very-yachting.com information as precise as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the update, whether they are of its own making or of the making of third-party partners who provide it with this information.
All information on the site https://very-yachting.com is given as an indication, and is likely to evolve. Moreover, the information on the site https://very-yachting.com is not exhaustive. It is given subject to modifications having been made since it was put on line.
- Contractual limitations on technical data.
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 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.
https://very-yachting.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
- Intellectual property and counterfeiting.
https://very-yachting.com 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 the process used, is forbidden, except with the prior written authorization of: https://very-yachting.com.
Any unauthorized exploitation 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.
- Limitations of liability.
https://very-yachting.com cannot be held responsible for direct and indirect damage caused to the user’s equipment, when accessing the website https://very-yachting.com, 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.
https://very-yachting.com cannot also be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://very-yachting.com. Interactive spaces (possibility of asking questions in the space contact) are at the disposal of the users. https://very-yachting.com reserves the right to remove, without setting in preliminary residence, any contents deposited in this space which would contravene the applicable legislation in France, in particular with the provisions relating to the data protection. If necessary, https://very-yachting.com also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message with racist, injurious, defamatory, or pornographic character, whatever the support used (text, photograph?).
- Personal data management.
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 Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For the Personal Data collected during the creation of the User’s personal account and during his navigation on the Website, the person in charge of the processing of the Personal Data is: VERY YACHTING. https://very-yachting.comest represented by Eric Marteau, its legal representative
As person in charge of the treatment of the data which it collects, https://very-yachting.com makes a commitment to respect the framework of the legal provisions in force. In particular, it is its responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of the processing in conformity with the reality. Each time that https://very-yachting.com processes Personal Data, https://very-yachting.com takes all the reasonable measures to ensure the exactitude and the relevance of the Personal Data with regard to the purposes for which https://very-yachting.com processes them.
7.2 Purpose of the data collected
https://very-yachting.com may process all or part of the data:
to allow navigation on the Site and the management and traceability of services ordered by the user: connection and use data of the Site, invoicing, 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 on https://very-yachting.com : email address
to conduct communication campaigns (sms, email): phone number, email address
https://very-yachting.com 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://very-yachting.com have the following rights:
right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of the Users’ data right of blocking or deletion of the 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 GDPR)
right to object to the processing of User data (Article 21 RGPD)
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 RGPD)
right to define the fate of the data of the Users after their death and to choose to whom https://very-yachting.com will have to communicate (or not) their data to a third party that they will have beforehand designated
As soon as https://very-yachting.com has knowledge of the death of a User and in the absence of instructions of its share, https://very-yachting.com 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://very-yachting.com uses his Personal Data, to ask to rectify them or to oppose their treatment, the User can contact https://very-yachting.com by writing to the following address
VERY YACHTING – DPO, Eric Marteau
19 rue Cassin 83190 Ollioules.
In this case, the User must indicate the Personal Data that he/she would like https://very-yachting.com to correct, update or delete, identifying himself/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 https://very-yachting.com by law, in particular as regards the retention or archiving of documents. Finally, the Users of https://very-yachting.com may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://very-yachting.com refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as “not adequate” by the European Commission without informing the customer beforehand. For as much, https://very-yachting.com remains free of the choice of its technical and commercial subcontractors provided that they present the sufficient guarantees with regard to the requirements of the General Regulation on the Protection of the Data (RGPD: n° 2016-679).
https://very-yachting.com 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 people. However, if an incident impacting the integrity or the confidentiality of the Customer’s Information is brought to the attention of https://very-yachting.com, the latter will have to inform the Customer as soon as possible and communicate the corrective measures taken. In addition https://very-yachting.com does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://very-yachting.com and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of the Users of https://very-yachting.com are mainly the agents of our customer service.
- 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 keeping our customers fully informed of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the site https://very-yachting.com is published without the knowledge of the user, exchanged, transferred, yielded or sold on some support to thirds. Only the assumption of the repurchase of https://very-yachting.com 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://very-yachting.com site.
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://very-yachting.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://very-yachting.comprend takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
- Hypertext links, cookies and internet tags
The site https://very-yachting.com contains a certain number of hypertext links to other sites, set up with the authorization of https://very-yachting.com. However, https://very-yachting.com 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.
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.
https://very-yachting.com is likely to process the information of the User concerning his visit of the Site, such as the consulted pages, the carried out research. This information allows https://very-yachting.com to improve the content of the Site and the User’s navigation.
As Cookies facilitate navigation and/or the provision of services offered by the Site, the User may configure his browser to allow him to decide whether or not to accept them so that Cookies are recorded in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. 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://very-yachting.com informs the User that, in this case, it is possible that the functionalities of his browser are not all available.
If the User refuses to accept the storage of Cookies in his/her terminal or browser, or if the User deletes those stored there, the User is informed that his/her navigation and experience on the Site may be limited. This could also be the case when https://very-yachting.com 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://very-yachting.com declines any responsibility for the consequences related to the degraded functioning of the Site and the services possibly proposed by https://very-yachting.com, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://very-yachting.com 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 wishes regarding Cookies.
At any time, the User can choose to express and modify his wishes regarding Cookies. https://very-yachting.com 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, Linkedin and Google Plus appearing on the https://very-yachting.com Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the https://very-yachting.com Website or mobile application, Twitter, Facebook, Linkedin and Google Plus 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 the mobile application of https://very-yachting.com. At any time, the User may nevertheless revoke his or her consent for https://very-yachting.com to deposit this type of cookie.
Article 9.2. INTERNET TAGS
https://very-yachting.com 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 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 tags 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://very-yachting.com 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 these tags, compile reports on Site activity for https://very-yachting.com, and provide other services relating to the use of the Site and the Internet.
- Applicable law and jurisdiction.
Any dispute in connection with the use of the site https://very-yachting.com is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Toulon
Privacy Statement (GDPR EU 2016-679)
Very Yachting,with registered office in Chemin des Anémones, 83330 Le Beausset, (the “Company” or the “Data Controller” ) undertakes to comply with the regulations regarding personal data by providing the following information on the processing of any data obtained or held by the Company through previous contacts in order to maintain business relationships with regard to the sale and purchase of boats.
Our aim and therefore the purpose of data processing, is solely to present our products to you and tailor them to your boating needs and specifications. To this end, your personal data will only be used for the purposes of corresponding with you (name-surname, telephone numbers, home and email addresses) and of maintaining business transactions (tax id number/VAT number). By understanding your boating requirements from the enquiries we have received directly from you or from websites that show our adverts, we create a “nautical profile” for you, describing in detail the type, features and range of boats that may be of interest to you. Data processing includes an automated process intended to connect the boats, which can be supplied to you directly or indirectly, with your “nautical profile” in order to tailor our solutions to your individual requirements.
The Data controller will ensure that your personal data will not be used for different purposes from those described above or will not be passed on to third parties, except for any organisations legally entitled to do so. The Data Controller will process your personal data using mainly Digiboat CRM services provided by Digibusiness SRL (Digiboat is an IT system designed for “Customer Relation Management” in boating). By signing the contract with Digiboat. the Data Controller has formally nominated Digibusiness SRL as the external Data Processor. Digibusiness SRL is based in Strada Consortile 2, Collecchio (PR – Italy). The data processing method used by this system guarantees compliance with the EU GDPR 2016-679, in terms of data security and protection, as documented in a specific document published on the website www.digiboat.fr/en under the Privacy section.
The data subject has the right to be informed, at any time, if the Company holds his or her personal data, and can object to data processing or demand that all personal data held by the Data Controller be erased, amended, or updated, by exercising his or her right to restrict processing and the right to data portability.