Definitions
Client: Any professional or natural person capable within the meaning of Articles 1123 and following of the Civil Code, or legal entity, visiting the Site subject to these general conditions.
Content: All the elements constituting the information present on the Site, including texts, images, videos.
Customer Information: Hereinafter referred to as "Information(s)," which corresponds to all personal data that may be held by http://www.bjorn.shop for the management of your account, customer relationship management, and for analysis and statistical purposes.
User: Internet user connecting to and using the aforementioned site.
Personal Information: "Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (Article 4 of Law No. 78-17 of January 6, 1978).
The terms "personal data," "data subject," "processor," and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1.Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the website http://www.bjorn.shop are informed of the identity of the various parties involved in its creation and monitoring.
Owner: ESALAD
SAS with a share capital of €100,000
VAT number: FR49821198876
IDU: FR380443_01RAEU
Headquarters: 8 rue Anatole France, 94230 Cachan, France
Publication director and data protection officer: ESALAD – support@bjorn.shop
The publication director is a legal entity.
Webmaster: The Björn team – support@bjorn.shop
Hosting: Shopify Inc. – 151 O'Connor Street K2P 2L8 Ottawa, Ontario, Canada.
2.General conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer, or exploit for their own account any part of the elements or works on the Site. The use of the site http://www.bjorn.shop implies full and complete acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time; users of the site http://www.bjorn.shop are therefore invited to consult them regularly. This website is normally accessible to users at all times. However, an interruption for technical maintenance reasons may be decided by http://www.bjorn.shop, which will then endeavor to communicate the dates and times of the intervention to users in advance. The website http://www.bjorn.shop is regularly updated by http://www.bjorn.shop responsible. Similarly, legal notices may be modified at any time: however, they are binding on the user, who is invited to refer to them as often as possible to become aware of them.
3.Description of the services provided. The website http://www.bjorn.shop aims to provide information about all the activities of the company. http://www.bjorn.shop strives to provide as accurate information as possible on the site http://www.bjorn.shop. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether caused by it or by third-party partners who provide this information. All information on the site http://www.bjorn.shop is given for indicative purposes only and is subject to change. Furthermore, the information on the site http://www.bjorn.shop is not exhaustive. It is given subject to modifications that have been made since it was put online.
4.Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with an updated latest-generation browser. The site http://www.bjorn.shop is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679). The objective is to provide a service with the best possible accessibility rate. 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 possible durations, in particular for maintenance purposes, improvement of its infrastructures, failure of its infrastructures, or if the Services and Services generate traffic deemed abnormal. http://www.bjorn.shop and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines, or computer and telephone equipment, in particular due to network congestion preventing access to the server.
5.Intellectual property and counterfeits.
http://www.bjorn.shop is the owner of the intellectual property rights and holds the rights to use all the elements accessible on the website, including text, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited, except with the prior written authorization of http://www.bjorn.shop. Any unauthorized exploitation of the site or any of the elements it contains will be considered as constituting an infringement and pursued in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6.Limitations of liability.
http://www.bjorn.shop acts as the editor of the site. http://www.bjorn.shop is responsible for the quality and truthfulness of the Content it publishes. http://www.bjorn.shop cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing the http://www.bjorn.shop website, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the occurrence of a bug or incompatibility. http://www.bjorn.shop cannot also be held responsible for indirect damages (such as a loss of market or loss of opportunity) resulting from the use of the site http://www.bjorn.shop. Interactive spaces (possibility to ask questions in the contact area) are available to users. http://www.bjorn.shop reserves the right to delete, without prior notice, any content deposited in this space that would contravene the applicable legislation in France, in particular the provisions relating to data protection. If necessary, http://www.bjorn.shop also reserves the right to question the civil and/or criminal liability of the user, particularly in the event of a message with a racist, offensive, defamatory, or pornographic character, regardless of the medium used (text, photograph...).
7.Management of personal data.
The Client 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 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Persons Responsible for the Collection of Personal Data
For Personal Data collected in the context of the creation of the User's personal account and their navigation on the Site, the data controller for Personal Data is: ESALAD. http://www.bjorn.shop is represented by Charles BEAUPERE, its legal representative. As the data controller for the data it collects, http://www.bjorn.shop undertakes to comply with the framework of the legal provisions in force. It is the responsibility of the Client, in particular, to establish the purposes of their data processing, to provide their prospects and clients, based on the collection of their consents, with complete information on the processing of their personal data, and to maintain a register of processing operations in accordance with reality. Whenever http://www.bjorn.shop processes Personal Data, http://www.bjorn.shop takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which http://www.bjorn.shop processes them.
7.2 Purpose of the Collected Data
http://www.bjorn.shop may process all or part of the data: to enable navigation on the Site and the management and traceability of the services ordered by the user: connection and use data of the Site, billing, 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 http://www.bjorn.shop: email address; to conduct communication campaigns (sms, email): phone number, email address. http://www.bjorn.shop does not market 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 accordance with current European regulations, Users of http://www.bjorn.shop have the following rights: the right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of User data; the right to lock or erase User personal data (Article 17 of the GDPR) when it is inaccurate, incomplete, equivocal, outdated, or when its 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 User data (Article 18 GDPR); the right to object to the processing of User data (Article 21 GDPR); the right to portability of the data that Users have provided when such data is subject to automated processing based on their consent or a contract (Article 20 GDPR); the right to define the fate of User data after their death and to choose to whom http://www.bjorn.shop should or should not communicate their data to a third party they have previously designated. As soon as http://www.bjorn.shop becomes aware of the death of a User and in the absence of instructions from them, http://www.bjorn.shop undertakes to destroy their data, unless its retention is necessary for evidentiary purposes or to comply with a legal obligation. If the User wishes to know how http://www.bjorn.shop uses their Personal Data, request correction, or oppose its processing, the User can contact http://www.bjorn.shop in writing at the following address: ESALAD – Björn Customer Service - 8 rue Anatole France, 94230 Cachan, France. In this case, the User must specify the Personal Data they would like http://www.bjorn.shop to correct, update, or delete, identifying themselves precisely with a copy of an identity document (identity card or passport). Requests for the deletion of Personal Data are subject to the obligations imposed on http://www.bjorn.shop by law, particularly with regard to the retention or archiving of documents. Finally, Users of http://www.bjorn.shop can file a complaint with the supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-Disclosure of Personal Data
http://www.bjorn.shop prohibits processing, hosting, or transferring information collected about its Clients to a country outside the European Union or recognized as "not adequate" by the European Commission without informing the client beforehand. However, http://www.bjorn.shop remains free to choose its technical and commercial subcontractors on the condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679). http://www.bjorn.shop undertakes to take all necessary precautions to preserve the security of the information, in particular, to prevent it from being communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client's information is brought to the attention of http://www.bjorn.shop, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, http://www.bjorn.shop does not collect any 'sensitive data.' The Personal Data of the User may be processed by subsidiaries of http://www.bjorn.shop and subcontractors (service providers), exclusively to achieve the purposes of this policy. Within the limits of their respective assignments and for the purposes mentioned above, the main persons likely to have access to the data of Users of http://www.bjorn.shop are mainly the agents of our customer service.
8.Incident Notification
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot, therefore, guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and providing them with all the necessary information to help them comply with their own regulatory reporting obligations. No personal information of the user of the site http://www.bjorn.shop is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only in the event of the acquisition of http://www.bjorn.shop and its rights would the transmission of such information to the eventual acquirer be permitted, who would in turn be bound by the same obligation of conservation and modification of data vis-à-vis the user of the site http://www.bjorn.shop. Security To ensure the security and confidentiality of Personal Data and Health Personal Data, http://www.bjorn.shop uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords. When processing Personal Data, http://www.bjorn.shop takes all reasonable measures to protect them against loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9.Hyperlinks, Cookies, and Internet Tags
The site http://www.bjorn.shop contains a number of hyperlinks to other sites, set up with the permission of http://www.bjorn.shop. However, http://www.bjorn.shop cannot verify the content of the sites thus visited and will, therefore, assume no responsibility for this. Unless you decide to disable cookies, you agree that the site may use them. You can disable these cookies at any time and for free from the options offered and recalled below, knowing that this may reduce or prevent access to all or part of the services offered by the site.
9.1. Cookies
A 'cookie' is a small information file sent to the User's browser and saved 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, as well as the date and time of access. Cookies do not in any way risk damaging the User's terminal. http://www.bjorn.shop may process information about the User concerning their visit to the Site, such as the pages viewed, the searches made. This information allows http://www.bjorn.shop to improve the content of the Site, the User's navigation. Cookies facilitating navigation and/or the provision of the services offered by the Site, the User can configure their browser to allow them to decide whether or not they wish to accept them so that Cookies are saved in the terminal or, conversely, rejected, either systematically or according to their sender. The User can also configure their browser software so that they are offered the option to accept or reject Cookies on an ad hoc basis before a Cookie is likely to be saved in their terminal. http://www.bjorn.shop informs the User that, in this case, it is possible that the functionalities of their browser software will not be all available. If the User refuses the registration of Cookies in their terminal or browser or if the User deletes those registered there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when http://www.bjorn.shop or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, language and display settings, or the country from which the terminal seems to be connected to the Internet. In this case, http://www.bjorn.shop declines all responsibility for the consequences related to the degraded operation of the Site and the services possibly offered by http://www.bjorn.shop, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for http://www.bjorn.shop to record or consult the Cookies necessary for their operation due to 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 tell you how to change your Cookie wishes. At any time, the User can make the choice to express and modify their wishes regarding Cookies. http://www.bjorn.shop may also call on the services of external providers to help it collect and process the information described in this section. Finally, by clicking on the dedicated icons for social networks Twitter, Facebook, Linkedin, and Google Plus appearing on the Site of http://www.bjorn.shop or in its mobile application, and if the User has accepted the deposit of cookies by continuing to browse the Internet Site or the mobile application of http://www.bjorn.shop, Twitter, Facebook, Linkedin, and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone). These types of cookies are only deposited on your terminals provided that you consent to it, by continuing your navigation on the Internet Site or the mobile application of http://www.bjorn.shop. At any time, the User can, however, go back on their consent to http://www.bjorn.shop depositing this type of cookies.
Article 9.2. Internet Tags
http://www.bjorn.shop may occasionally use Internet tags (also called 'tags,' or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a specialized partner in web analytics likely to be located (and therefore to store the corresponding information, including the User's IP address) in a foreign country. These tags are placed both in online ads allowing Internet users to access the Site, and on the various pages of it. This technology allows http://www.bjorn.shop to evaluate the responses of visitors to the Site and the effectiveness of its actions (e.g., 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 provider may possibly collect information about the visitors to the Site and other websites through these tags, compile reports on the activity of the Site for http://www.bjorn.shop, and provide other services relating to the use of it and the Internet.
10.Applicable Law and Jurisdiction Attribution
Any dispute relating to the use of the site http://www.bjorn.shop is subject to French law. Except where the law does not allow it, exclusive jurisdiction is given to the competent courts of Paris.
