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Legal notice

Definitions

Customer: any professional or physical body as set forth in articles 1123 et seq. of the Civil Code, or any legal person or entity who visits the Website to which the present terms and conditions pertain.

Benefits and Services: https://www.chateauvitallis.com provides its customers with:

Content: All elements that make up the information present on the Website, such as text, images and videos.

Customer information: Hereafter referred to as ‘information’ which covers all personal data likely be held by https://www.chateauvitallis.com for the purposes of managing your account, customer relations and the analysis of statistics.

User: Web user who connects to and uses the aforementioned website.

Personal information: ‘Information that enables, in any form, directly or otherwise, the identification of physical persons to whom they apply’ (article 4 decree n° 78-17 of 6 January 1978).

The meaning of the terms ‘personal data’, ‘relevant person’, ‘subcontractor’ and ‘sensitive data’ are set forth in the General Legislation on the Protection of Personal (RGPD: n° 2016-679)

1. Presentation of the website

Pursuant to article 6 of decree n° 2004-575 of 21 June 2004 for confidence in the digital economy, users of the https://www.chateauvitallis.com website are made aware of the identity of various stakeholders involved in the website’s implementation and monitoring:

Website owner:

EARL Château Vitallis with a share capital of € 162 968,00

VAT Number: FR16402772487

Address: 106 rue Adrien Arcelin 71960 Fuissé, France

Publication manager: Maxime Dutron – denis.dutron@wanadoo.fr
The publication manager is company or private individual.

Host: OVH – 2 rue Kellerman – 59100 Roubaix, France – 09 72 10 10 07

RGPD data controller: Maxime Dutron – denis.dutron@wanadoo.fr

2. General conditions governing the use of the website and its services

The website constitutes a work of authorship protected by intellectual property laws and the international laws in force. The Customer is not permitted to reuse, transfer or exploit, either partially or in full, any element featured on the website.

Use of the https://www.chateauvitallis.com website implies full acceptance of the terms and conditions set out hereafter. These terms and conditions of use may be modified or supplemented at any moment. Users of the https://www.chateauvitallis.com website are therefore advised to refer to them regularly.

This website is generally accessible to users at all times. Interruptions for technical maintenance reasons may however be decided upon by https://www.chateauvitallis.com who undertakes to inform users in advance of the dates and times of any interruptions. The https://www.chateauvitallis.com website is regularly updated by the https://www.chateauvitallis.com website owner. Likewise, the legal notice may be modified at any  time and the user is therefore advised to check it as often as possible in order to stay abreast of any changes.

3. Description of the services provided

The purpose of the https://www.chateauvitallis.com website is to provide information relating to the company’s activities. https://www.chateauvitallis.com undertakes to provide the most accurate information possible on the https://www.chateauvitallis.com website. However, it cannot to held accountable for oversights, inaccuracies and omissions in the updating of its information, regardless of whether the information is provided by itself or its third-party partners.

All information made available on the https://www.chateauvitallis.com website is for information purposes only and subject to change. Furthermore, the information provided on the https://www.chateauvitallis.com website is not exhaustive and is subject to future amendments.

4. Contractual limitations for technical data

The website uses JavaScript technology. The website cannot be held accountable for any material damages incurred through the use of the website. Furthermore, the user undertakes to access the website using recent, virus-free software and an updated, latest generation web browser. The https://www.chateauvitallis.com website is hosted by a provider located in the European Union territory in accordance with the provisions of the General Legislation on the Protection of Personal Data (RGPD: n° 2016-679)

The objective is to offer a service that provides a high level of accessibility. The host undertakes to ensure a 24-hour a day service, every day of the year. However, it reserves the right to interrupt the hosting service, for as short a time as possible, for reasons such as technical maintenance, the improvement of its infrastructures, the failure of its infrastructures or in the event that the Benefits and Services offered generate an unusually high level of traffic.

https://www.chateauvitallis.com and the host cannot be held accountable in the event of failure of the internet network, telephone lines or computer and software owing to network congestion resulting in a failure to access the server.

5. Intellectual property and infringement

https://www.chateauvitallis.com owns all intellectual property rights and holds the rights to all elements featured on the website including all text, images, graphics, logos, videos, icons and sounds. Any form of reproduction, representation, modification, publication or transmission, whether partial or in full, of the elements available on the website is strictly forbidden without the prior written consent of https://www.chateauvitallis.com.

Any unauthorised use of the website or its contents constitutes an infringement and may result in a civil liability in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.

6. Limitations of liability

https://www.chateauvitallis.com is the publisher of the website. https://www.chateauvitallis.com is responsible for the quality and accuracy of the contents it publishes.

https://www.chateauvitallis.com cannot be held responsible for any direct or indirect damage caused to the user’s materials when accessing the https://www.chateauvitallis.com website and resulting from the use of any material that does not conform to the criteria specified in section 4, or resulting from a glitch or incompatibility.

https://www.chateauvitallis.com cannot be held responsible for indirect damage (such as loss of market or opportunity) resulting from the use of the https://www.chateauvitallis.com website. Interactive areas (which allow for questions to be asked in a contact area) are made available to users.

https://www.chateauvitallis.com reserves the right to delete, without prior notice, any content available within this area in accordance with the French legislation in force, in particular in accordance with data protection laws. Where necessary, https://www.chateauvitallis.com also reserves the right to invoke the user’s civil and/or criminal liability, in particular as a result of messages of a racist, offensive, defamatory or pornographic nature, regardless of the means by which they are communicated (text, photography etc.)

7. Management of personal data

The Customer is made aware of regulations relating to marketing communication, the 21 June 2014 law for confidence in the digital economy, the 6 August 2004 French Data Protection act and General Legislation on the Protection of Personal Data (RGPD: n° 2016-679).

7.1 Responsibility relating to the collection of personal data

The entity responsible for the collection of the user’s personal data resulting from the creation of an account or the browsing of the website is: Château Vitallis. https://www.chateauvitallis.com represented by Denis Dutron, the website’s legal representative.

In its capacity as data collector, https://www.chateauvitallis.com undertakes to respect the legal provisions in force.  It is responsible for determining the purposes for the processing of data, for providing its customers and contacts with full disclosure regarding the processing of their personal data and for keeping an accurate record of data processing. Every time https://www.chateauvitallis.com processes personal data, https://www.chateauvitallis.com takes all reasonable precautions to ensure the accuracy and relevance of personal data with regards to the purposes for which https://www.chateauvitallis.com uses them.

7.2 Purposes of collected data

https://www.chateauvitallis.com may process the following data, whether partially or in full, for the following purposes:

  • for website browsing purposes and the management and traceability of the benefits and services requested by the user: data for connection and website use.
  • to prevent and combat computer fraud (spamming, hacking…): computer browsing software, IP address, password (hashed)
  • to improve the browsing experience offered by the website: data for connection and website use
  • to conduct optional customer satisfaction surveys on https://www.chateauvitallis.com: emailaddress
  • to conduct email marketing campaigns: email address

https://www.chateauvitallis.com will not sell your personal data which will only be used when necessary or for statistical and analytical purposes.

7.3 Right to access, amend and oppose

In accordance with European regulations, users of the https://www.chateauvitallis.com website may exercise the following rights:

  • the right to access (article 15 RGPD), rectify (article 16 RGPD), update and complete user data and withhold or delete personal information (article 17 du RGPD) in the event of such information being inaccurate, incomplete, ambiguous, expired or for which the collection, use, communication or retention is forbidden
  • the right to withdraw consent at any moment (article 13-2c RGPD)
  • the right to restrict the use of user data (article 18 RGPD)
  • the right to oppose the use of user data (article 21 RGPD)
  • the right to the portability of data supplied by users, in the event that such data is subject to automated processing resulting from the user’s consent or a contract (article 20 RGPD)
  • the right to determine the fate of user data in the event of death and to request that https://www.chateauvitallis.comshould (or should not) communicate the data to a previously designated person

As soon as https://www.chateauvitallis.com is made aware of the user’s death, and in the absence of specific instructions from the user, https://www.chateauvitallis.com undertakes to destroy the user’s personal data, unless its retention is considered to be necessary for purposes of proof or in order to conform with legal obligations.

If the user would like to know how https://www.chateauvitallis.com uses personal data, or to request the amendment or opposition of its use, the user may contact https://www.chateauvitallis.com  by ending their request in writing to the following address:

Château Vitallis – DPO, Maxime Dutron
106 rue Adrien Arcelin 71960 Fuissé, France

In such an event, the user must specify the personal data they wish https://www.chateauvitallis.com to correct, update or delete by clearly confirming their identity by providing a copy of their passport or identity card.

Any request for the deletion of personal data is subject to obligations imposed on https://www.chateauvitallis.com by law, in particular with regards to the conservation or retention of documents. Lastly, users of https://www.chateauvitallis.com reserve the right to file a complaint with supervisory authorities including the CNIL data protection authority (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

https://www.chateauvitallis.com is not permitted to process, host or transfer information collected about its customers to a country located outside of the European Union, or considered as ‘inadequate’ by the European commission, without informing the customer beforehand. However, https://www.chateauvitallis.com is free to choose its technical and commercial subcontractors on the condition that they offer satisfactory guarantees with regards to the provisions of the General Legislation on the Protection of Personal Data.

https://www.chateauvitallis.com commits to taking all necessary precautions to protect the security of information and prevent it from being accessed by unauthorised persons. However, if an incident impacting on the integrity or confidentiality of the Customer’s information is brought to the attention of https://www.chateauvitallis.com, the latter undertakes to immediately make the Customer aware of the breach of confidentiality and inform him of the corrective measures taken. Furthermore, https://www.chateauvitallis.com does not collect any form of ‘sensitive data’.

The user’s personal data may be processed by subsidiaries of https://www.chateauvitallis.com and all its subcontractors (service providers), exclusively for the fulfilment of the purposes outlined in the present policy.

Within the limits of their existing powers and for the purpose outlined herein, the primary persons susceptible to being granted access to the data of users of https://www.chateauvitallis.com are our customer service staff.

8. Incident notification

Irrespective of the efforts made, no method of internet exchange or electronic storage is completely secure. We are therefore unable to guarantee complete security. If we become aware of any security breach, we undertake to advice all users concerned so that they may take the appropriate measures. Our incident notification procedures take into account our legal obligations, whether on a French or European level. We undertake to make our Customers fully aware of any issues relating to the security of their account and provide them with all necessary information to help them respect their own regulatory obligations with regards to reporting.

None of the user’s personal information is published, exchanged, transferred, assigned or sold in any way to third parties without the user’s knowledge. Only the purchase of https://www.chateauvitallis.com and its rights would allow the transfer of such information to the purchaser who would in turn be bound by the same obligations to retain and modify the personal data of the user of the https://www.chateauvitallis.com website.

Security

In order to ensure the security and confidentiality of personal data, https://www.chateauvitallis.com uses networks protected by standard features such as firewalls, pseudonymisation, encryption and passwords.

When processing personal data, https://www.chateauvitallis.com takes all reasonable precautions to prevent their loss, improper use, unauthorised access, disclosure, alteration or destruction.

9. Hypertext links, ‘cookies’ and ‘tags’

The https://www.chateauvitallis.com website contains a number of hypertext links to other websites which have been established with the authorisation of https://www.chateauvitallis.com. However, https://www.chateauvitallis.com is unable to verify the content of the websites viewed as a result of these links and therefore cannot be held liable for them.

Unless you decide to deactivate cookies, you implicitly accept and agree to the website’s use of these. You may deactivate these cookies at any time, at no cost, using the deactivation means made available to you, as set out below. You are aware that their deactivation may prevent access to all or part of the services offered on the website.

9.1. ‘COOKIES’

A ‘cookie’ is a small computer file sent by the user’s browser and stored on the user’s device (for example computer or smartphone) (hereafter ‘Cookies’). This file contains information such as the user’s domaine name, service provider and operating system as well as the date and time of access. Cookies present no risk of damage to the user’s device.

https://www.chateauvitallis.com may use the user’s information regarding their visit to the website, such as the pages viewed and searches carried out. This information enables https://www.chateauvitallis.com to improve the contents of its website and the user’s browsing experience.

Cookies facilitate the browsing experience and the services provided by the website. The user is able to configure his web browser to accept cookies being stored on his device or, to the contrary, choose that they be rejected, either systematically or depending on their sender. The user may also configure his browsing software so that the acceptance or refusal of cookies be requested periodically, for each visit, prior to the cookie being stored by his device. https://www.chateauvitallis.com informs the user that such a request may result in certain features in his browsing software not being available.

If the user refuses the storage of cookies by his device or browser, or if the user deletes those that have already saved, the user is made aware that his browsing experience on the website may be limited as a result. This may also be the case when https://www.chateauvitallis.com or one of its service providers is unable to identify, for the purpose of technical compatibility, the type of browser used by the device, the language and display settings or the country from which the device appears to be connecting to the internet.

In such an event, https://www.chateauvitallis.com refuses all responsibility for the consequences owing to any disturbances to the functioning of the website and any related services offered by https://www.chateauvitallis.com, resulting from (i) the user’s refusal of Cookies (ii), the inability of https://www.chateauvitallis.com to store or view the cookies required for the functioning of the website owing to the user’s choices. The configuration of each browser varies in terms of the management of cookies and the application of the user’s choices. This configuration is determined in the browser’s help menu which informs the user of how to modify his cookie preferences.

At any moment the user may choose to modify his preferences with regards to the use of cookies. https://www.chateauvitallis.com reserves the right to enlist external service providers to assist it in collecting and processing the information outlined in this section.

9.2. INTERNET “TAGS”

https://www.chateauvitallis.com may occasionally use Internet tags (also known as action tags, single-pixel GIFs, clear GIFs, web beacons or 1×1 GIFs) to be deployed via the intermediary of a partner specialising in web analysis who may be located (and may therefore store the relevant information, including the user’s IP address) in a foreign country.

These tags are placed in the online advertisements that enable the user to access the website, as well as in its web pages.

This technology enables https://www.chateauvitallis.com to evaluate feedback from visitors with regards to the website and the effectiveness of its activity (for example the number of times a page has been opened and the information viewed on it), as well as the user’s use of the website.

The external service provider may also choose to collect information relating to visitors to the website and other websites as a result of these tags, compile records on website activity for the benefit of https://www.chateauvitallis.com, and provide other services relating to the use of this website and other websites.

10. Applicable law and competent jurisdiction.

Any dispute relating to the use of the https://www.chateauvitallis.com website is subject to French law. In the event that no applicable law exists, full and exclusive jurisdiction is attributed to the courts in Mâcon, France.