Customer: any capable individual as defined in Articles 1123 and its sequences of the Civil Code, or any legal entity, who visits the Website covered by these General Terms and Conditions.
Services: https://www.thewishesplace.com provides the Customer with the following services:
Content: All material and items of information featured on the Website, including text, images and videos.
Customer Information: Hereinafter “Information”, corresponding to all items of personal information that https://www.thewishesplace.com may hold in order to manage your account, the customer relationship, and/or for statistical and analytical purposes.
User: An internet user who connects to and uses the aforementioned website.
Personal Data: “Information that makes it possible to identify, in any form whatsoever, directly or indirectly, the natural persons to whom they pertain” (Article 4 of the Data Protection Act (78-17) of 6 January 1978).
The terms “personal data”, “data subject”, “data processor” and “sensitive data” shall adopt the meaning given under the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679).
1. About the website
Pursuant to Article 6 of the Confidence in the Digital Economy Act (2004-575) of 21 June 2004, users of https://www.thewishesplace.com are hereby notified of the persons engaged in publishing and monitoring the Website:
Owner: thewishesplace – email@example.com
The website publisher is an individual or legal entity.
Webmaster: MOOVERFLOW – firstname.lastname@example.org
Host: OVH SAS – Tourcoing RCS no. 424 761 419 00045 – Registered office: 2 Rue Kellermann, 59100 Roubaix, France.
Data Protection Officer: thewishesplace.com
GDPR legal notice provided free of charge by Orson.io, online mobile website builder.
The Website is an intellectual work protected under the Intellectual Property Code and applicable international law and regulations. The Customer may not in any way reuse, transfer or operate any or all of the Website material or works.
The https://www.thewishesplace.com website is updated by https://www.thewishesplace.com on a regular basis.
Likewise, amendments may be made to the legal notice at any time. Users should refer to the legal notice as often as possible to take note of any changes.
3. Description of services
The https://www.thewishesplace.com website provides information regarding all of the company’s operations.
https://www.thewishesplace.com strives to ensure that all information provided on the https://www.thewishesplace.com website is as accurate as possible. However, it accepts no responsibility for oversights, inaccuracies or errors contained in updates and made on its part or on the part of third-party service providers from whom it receives such information.
All information provided on the https://www.thewishesplace.com website is indicative and subject to change. Moreover, information provided on the https://www.thewishesplace.com website is not exhaustive and may have changed since its publication online.
4. Contractual limitations on technical data
The website accepts no liability for material damage caused by use of the website. Furthermore, website users agree to access the website using hardware that is recent, virus-free with an up-to-date browser in its latest version.
The web host for https://www.thewishesplace.com is located in the European Union in accordance with the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679)
The host aims to provide services that ensure the highest level of accessibility. The host shall ensure continuity of service 24 hours a day, 365 days a year. However, the host may suspend services for the shortest possible periods in order to carry out routine maintenance, infrastructure upgrades or improvements, address infrastructure failure, or in response to unusual volumes of traffic generated by the Services.
https://www.thewishesplace.com and the host accept no liability for faults with the internet, telephone connections, computer hardware or telephony systems due to network overload that prevents access to the server.
5. Intellectual property and counterfeiting
https://www.thewishesplace.com owns the intellectual property rights, and holds the usage rights, over all material accessible on the website, including all texts, images, graphics, logos, videos, icons and sounds.
All reproduction, representation, modification, publication or adaptation of website material, in full or in part, by any process or method, is prohibited without the prior written consent of https://www.thewishesplace.com.
All unauthorised use or operation of the website or any of its constituent material shall be deemed an act of counterfeiting and subject to prosecution under Articles L.335-2 et seq of the Intellectual Property Code.
6. Limitation of liability
https://www.thewishesplace.com operates in the capacity of website publisher. https://www.thewishesplace.com is responsible for the quality and veracity of Content that it publishes.
https://www.thewishesplace.com accepts no liability for direct or indirect damage caused to the user’s hardware, when accessing the https://www.thewishesplace.com website, resulting from the use of hardware that does not meet the specifications in point 4, or the emergence of a bug or incompatibility.
https://www.thewishesplace.com also accepts no liability for indirect harm (e.g. loss of market share or loss of business opportunities) resulting from use of the https://www.thewishesplace.com website.
Interactive spaces (giving the option to ask questions on the contact page) are provided for users. https://www.thewishesplace.com reserves the right to remove, without prior notice, any content posted in this space that is in breach of applicable law in France, in particular provisions in data protection law or regulations. Where applicable, https://www.thewishesplace.com also reserves the right to pursue civil and/or criminal proceedings against users who post messages that are racist, offensive, defamatory or pornographic in nature, in any format (e.g. text, photographs, etc.).
7. Personal data
Customers are hereby notified of applicable French and EU law and regulations regarding marketing communications, the Confidence in the Digital Economy Act of 21 June 2004, the Data Protection Act of 6 August 2004 and the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679).
7.1 Responsibility for collecting personal data
For Personal Data collected for the purpose of creating a User’s personal account and the User’s browsing experience on the Website, thewishesplace is the data controller.
https://www.thewishesplace.com is represented by Cour, its legal representative.
As data controller, https://www.thewishesplace.com undertakes to adhere to all applicable laws and regulations. It is responsible for determining the purpose of its data processing actions, providing potential and existing customers with full information on how their personal data are processed once their permission has been obtained, and maintaining an accurate, up-to-date processing log.
On each occasion that https://www.thewishesplace.com processes Personal Data, https://www.thewishesplace.com shall take all reasonable steps to ensure that Personal Data are accurate and relevant for the purposes of processing.
7.2 Why data are collected
https://www.thewishesplace.com may process data, in full or in part, in order to:
– facilitate the Website browsing experience and manage and track services ordered by the user, including data regarding connection to and use of the Website, billing information, order history, etc.
– prevent and combat computer fraud (e.g. spamming, hacking, etc.): computer systems used to browse the website, IP address, passwords (hash)
– improve the Website browsing experience: connection and usage data.
conduct optional customer satisfaction surveys on https://www.thewishesplace.com: email address
conduct marketing campaigns (text, email): telephone number, email address
https://www.thewishesplace.com does not sell your personal data, which shall be used solely when required and/or for statistical and analytical purposes.
7.3 Right of access, rectification and objection
Under EU data protection regulations, Users of https://www.thewishesplace.com have the following rights:
– right of access (Article 15, GDPR), rectification (Article 16, GDPR), update to and completeness of User data, right to block and erase Users’ personal data (Article 17, GDPR), where data are inaccurate, incomplete, ambiguous, out-of-date, or whose collection, use, communication or storage is prohibited.
– right to withdraw consent at any time (Article 13-2(c), GDPR)
– right to restrict processing of Users’ personal data (Article 18, GDPR)
– right to object to processing of Users’ personal data (Article 21, GDPR)
– right of portability over data that Users share, where these are subject to automated processing by consent or contractual agreement (Article 20, GDPR)
– right to determine what happens to a User’s data after they die and to nominate another person to whom https://www.thewishesplace.com must (or must not) communicate their data.
When https://www.thewishesplace.com is made aware of the death of a User, and in the absence of any specific instructions, https://www.thewishesplace.com shall destroy the User’s data, unless they must be kept as evidence, or when required by law to do so.
Users who wish to know how https://www.thewishesplace.com uses their Personal Data may request to rectify or object to the processing of their data by contacting https://www.thewishesplace.com in writing at the following address.
In such cases, the User must specify the Personal Data that they would like https://www.thewishesplace.com to correct, update or delete and provide a form of identification to confirm their identity (e.g. identity card or passport).
Requests to delete Personal Data shall be subject to legal obligations binding upon https://www.thewishesplace.com, in particular with regard to storage and archiving of documents. Lastly, Users of https://www.thewishesplace.com may lodge a complaint with the relevant supervisory authorities, in particular the French Data Protection Authority (CNIL; https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
https://www.thewishesplace.com is not permitted to process, host or transfer information collected from its Customers in/to a country outside the European Union or recognised by the European Commission as “not adequate” without notifying the Customer beforehand. However, https://www.thewishesplace.com shall retain discretion over its technical and commercial subcontractors, on condition that they provide sufficient guarantees and safeguards under the General Data Protection Regulation (GDPR: Regulation (EU) 2016/679).
https://www.thewishesplace.com shall take all necessary precautions to protect the security of Information and ensure that they are not shared with unauthorised persons. However, should https://www.thewishesplace.com become aware of an incident that adversely affects the integrity or confidentiality of Customer Information, https://www.thewishesplace.com shall notify the Customer at the earliest opportunity and indicate what countervailing measures have been taken.
Furthermore, https://www.thewishesplace.com will not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries and subcontractors (service providers) of https://www.thewishesplace.com, solely for the purposes of this policy.
Within the scope of their respective roles and for the aforementioned purposes, those most likely to have access to the data of Users of https://www.thewishesplace.com are our customer services staff.
8. Reporting an incident
Despite every effort, no method of online communication or electronic storage is 100% secure. We therefore cannot provide any absolute guarantee of security.
If we become aware of a security breach, we will notify the users affected, so that they can take the appropriate measures. Our incident reporting procedures take account of our obligations under applicable domestic and EU law and regulations. We undertake to provide our customers with full information on how they can keep their account secure and provide all information necessary to allow them to meet their own reporting obligations under applicable law and regulations.
No personal data pertaining to a user of the https://www.thewishesplace.com website shall be published without their knowledge or shared, transferred, assigned or sold to a third-party platform. Only in the event of a sale of https://www.thewishesplace.com and its rights would it be possible to communicate said data to a buyer, who would then be bound by the same storage and modification obligations towards the user of https://www.thewishesplace.com.
To ensure that Personal Data and Personal Health Records are kept secure and confidential, https://www.thewishesplace.com uses networks that feature standard protections such as firewalls, pseudonymisation, encryption and passwords.
During processing, https://www.thewishesplace.com takes all reasonable steps to protect Personal Data from loss, misuse, unauthorised access, disclosure, tampering or destruction.
9. Hypertext links, cookies and tags
https://www.thewishesplace.com contains a certain number of hypertext links to other websites, as authorised by https://www.thewishesplace.com.
However, https://www.thewishesplace.com is unable to verify the content of websites reached using these links, and therefore accepts no responsibility for their content.
Unless you decide to deactivate cookies, you consent to their use by the website. You may deactivate cookies at any time free of charge, by applying the deactivation options available and indicated below. This may reduce or prevent access to some or all website Services.
9.1. « COOKIES »
A cookie is a small data file sent to the User’s web browser and installed on the User’s computer or mobile device (hereinafter “Cookie(s)”). This file contains information such as the User’s domain name, internet service provider, operating system and the date and time of accessing the Website. Cookies present no risk to the User’s device or computer.
https://www.thewishesplace.com may process data relating to the User’s visit to the Website, including page views and searches. This information allows https://www.thewishesplace.com to improve the content of the Website and the User’s browsing experience.
As Cookies facilitate browsing and/or delivery of services on the Website, Users may use their browser to configure which Cookies they want to install on their computer or device, or, alternatively, whether they want to enable any Cookies at all or select Cookies depending on their source. Users may also configure their browser in order to have the option to accept or reject Cookies before a Cookie can be installed on their device or computer. Users are hereby informed that some browser functionalities may be unavailable in such cases.
Where a User refuses to install Cookies on their device or browser, or where a User deletes Cookies already installed, the User will be notified that their browsing experience on the Website may be restricted. This may also happen where https://www.thewishesplace.com or one of its service providers cannot determine, for technical compatibility reasons, the browser type used by the device or computer, the language and display settings, or the country of the device/computer’s internet connection.
Where applicable, https://www.thewishesplace.com accepts no responsibility for the consequences of impaired function of the Website and/or services provided by https://www.thewishesplace.com, arising from (i) refusal on the part of the User to install Cookies; and/or (ii) the inability of https://www.thewishesplace.com to record or view the Cookies required for service functionality, on account of the User’s preference. When managing Cookies and User preferences, each browser is configured differently. Browser settings are typically accessible in the Help menu, which indicates how the User can change their preferences for Cookies.
Users can set and change their Cookies preferences at any time. https://www.thewishesplace.com may also use external service providers to help gather and process information provided in this section.
Lastly, by clicking on the dedicated social media icons for Instagram, Facebook, LinkedIn and Google Plus on the https://www.thewishesplace.com Website or mobile application, and where the User has agreed to install cookies by continuing to browse the https://www.thewishesplace.com Website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also install cookies on your computer or mobile device.
These types of Cookies are only installed with your consent, which you give by continuing to browse the https://www.thewishesplace.com Website or mobile application. However, Users may give or withdraw their consent to installation of this type of Cookies by https://www.thewishesplace.com at any time.
From time to time, https://www.thewishesplace.com may use tags (or action tags, pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) through a specialist web analytics service provider who may be based in (and therefore likely to store the corresponding information, including the User IP address, in) another country.
Tags are placed in online advertisements that enable internet users to access the Website, and on individual web pages.
This technology allows https://www.thewishesplace.com to measure visitor responses to the Website and the effectiveness of its actions (e.g. how many times a page is opened and what information is viewed), as well as the User’s use of the Website.
The service provider may use these tags to collect data on visitors to the Website and other websites, compile Website activity reports for https://www.thewishesplace.com, and provide other services regarding the use of the Website and the internet more broadly.
10. Applicable law and jurisdiction
All disputes relating to use of the https://www.thewishesplace.com website shall be subject to French law.
Unless prohibited by law, the Paris courts with relevant competence shall have exclusive jurisdiction.