GDPR / Legal Notice

GDPR / Legal notice

Definitions

Customer: any professional or natural person having legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or any legal entity, visiting the Site governed by these general terms and conditions.

Content: all the elements making up the information present on the Site, in particular text, images and videos.

Customer information: hereinafter referred to as “Information”, meaning all the personal data that may be held by Bleuemeraude.com for the management of your reservation, the management of the customer relationship, and for analysis and statistical purposes.

User: any internet user connecting to and using the aforementioned site.

Personal information: “information which allows, in any form whatsoever, the direct or indirect identification of the natural persons to whom it applies” (Article 4 of Law No. 78-17 of 6 January 1978).

The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning given to them 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 21 June 2004 on confidence in the digital economy, users of the Bleuemeraude.com website are informed of the identity of the various parties involved in its creation and maintenance:

Owner: SNC HIBISCUS – Hôtel Bleu Émeraude – 240 Boulevard de Grand Case, 97150 Saint-Martin, with share capital of EUR 1,000.
Publication manager: SNC HIBISCUS – +590 690 370 700
Webmaster: Zéfyx Agency – www.zefyx.fr
Host: Infomaniak Network SA – Avenue de la Praille 26, 1227 Geneva, Switzerland – +41 22 820 35 44
Data Protection Officer: Mr Xavier MOREL – info@bleuemeraude.com

2. General terms of use of the site and the services offered

The Site is a work of the mind protected by the provisions of the French Intellectual Property Code and by applicable international regulations. The Customer may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.

Use of the Bleuemeraude.com site implies full and unreserved acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time; users of the Bleuemeraude.com site are therefore invited to consult them regularly.

This website is normally accessible to users at all times. Bleuemeraude.com may however decide to interrupt access for technical maintenance. The Bleuemeraude.com website is updated regularly. Likewise, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible.

3. Description of the services provided

The purpose of the Bleuemeraude.com website is to provide information about the hotel business of SNC HIBISCUS and to enable accommodation to be booked. Bleuemeraude.com endeavours to provide information on the Site that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or shortcomings in updating, whether caused by itself or by the third-party partners who supply it with such information.

All information given on the Bleuemeraude.com site is provided for guidance only and is subject to change. Furthermore, the information appearing on the Site is not exhaustive. It is given subject to any modifications made since it was put online.

4. Contractual limitations on technical data

The Site uses JavaScript technology. The website cannot be held liable for material damage related to the use of the Site. In addition, the user of the Site undertakes to access it using recent equipment, free of viruses, and with an up-to-date, latest-generation browser. The Bleuemeraude.com site is hosted by Infomaniak Network SA in Switzerland, a country recognised by the European Commission as providing an adequate level of protection, in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The aim is to provide a service ensuring the best possible accessibility rate. The host guarantees the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure, or if the Services generate traffic deemed abnormal.

Bleuemeraude.com and the host cannot be held liable in the event of a malfunction of the internet network, telephone lines, or computer and telephone equipment, in particular where related to network congestion preventing access to the server.

5. Intellectual property and infringement

BleuEmeraude.com owns the intellectual property rights and holds the rights of use over all the elements accessible on the website, in particular text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the Site, whatever the means or process used, is prohibited without the prior written authorisation of BleuEmeraude.com.

Any unauthorised use 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 et seq. of the French Intellectual Property Code.

6. Limitations of liability

Bleuemeraude.com acts as the publisher of the Site. BleuEmeraude.com is responsible for the quality and accuracy of the Content it publishes.

BleuEmeraude.com cannot be held liable for direct or indirect damage caused to the user’s equipment when accessing the BleuEmeraude.com website, resulting either from the use of equipment that does not meet the specifications set out in point 4, or from the appearance of a bug or an incompatibility.

BleuEmeraude.com cannot be held liable for indirect damage (such as loss of business or loss of opportunity) resulting from the use of the Bleuemeraude.com site. Interactive areas may be made available to users. Bleuemeraude.com reserves the right to remove, without prior notice, any content posted in these areas that would breach the law applicable in France, in particular the provisions relating to data protection. Where applicable, BleuEmeraude.com also reserves the right to hold the user civilly and/or criminally liable, in particular in the event of a racist, insulting, defamatory or pornographic message, whatever the medium used (text, photograph, etc.).

7. Management of personal data

The Customer is informed of the regulations concerning marketing communication, the Law of 21 June 2004 on confidence in the digital economy, Law No. 78-17 of 6 January 1978 as amended (the French Data Protection Act), and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Controller of the collection of personal data

For the Personal Data collected in connection with the User’s booking and browsing of the Site, the controller of the processing of Personal Data is: Mr Xavier MOREL. Bleuemeraude.com is represented by Mr Xavier Morel, its legal representative.

As controller of the data it collects, Bleuemeraude.com undertakes to comply with the legal provisions in force. In particular, it is responsible for establishing the purposes of its data processing, for providing its prospects and customers — from the collection of their consent — with complete information on the processing of their personal data, and for maintaining an accurate record of processing activities. Whenever Bleuemeraude.com processes Personal Data, it takes all reasonable steps to ensure that the Personal Data is accurate and relevant in view of the purposes for which it is processed.

7.2 Purpose of the data collected

Bleuemeraude.com may process all or part of the data:

• to enable accommodation to be booked, managed and traced: connection data, surname, first name, postal address, email, telephone number, payment data (through our booking partner CoHoRes);
• to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed);
• to produce statistics: via Google Analytics.

Bleuemeraude.com does not sell your personal data, which is therefore used only where necessary or for statistical and analytical purposes.

7.3 Right of access, rectification and objection

In accordance with the European regulations in force, Users of Bleuemeraude.com have the following rights:

• right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of their data;
• right to restrict or erase their personal data (Article 17 GDPR) where it is inaccurate, incomplete, ambiguous or out of date, or where its collection, use, disclosure or retention is prohibited;
• right to withdraw consent at any time (Article 13-2c GDPR);
• right to restriction of the processing of their data (Article 18 GDPR);
• right to object to the processing of their data (Article 21 GDPR);
• right to the portability of the data they have provided, where that data is subject to automated processing based on their consent or on a contract (Article 20 GDPR);
• right to determine what happens to their data after their death and to designate a third party to whom BleuEmeraude.com must, or must not, disclose that data.

As soon as Bleuemeraude.com becomes aware of the death of a User and in the absence of instructions from them, Bleuemeraude.com undertakes to destroy their data, unless its retention proves necessary for evidential purposes or to comply with a legal obligation.

If the User wishes to know how Bleuemeraude.com uses their Personal Data, to request its rectification, or to object to its processing, the User may contact Bleuemeraude.com in writing at the following address:

SNC HIBISCUS – Hôtel Bleu Émeraude – 240 Boulevard de Grand Case – 97150 Saint-Martin

In this case, the User must indicate the Personal Data they would like Bleuemeraude.com to correct, update or delete, identifying themselves 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 Bleuemeraude.com by law, in particular with regard to the retention or archiving of documents. Finally, Users of Bleuemeraude.com may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

Bleuemeraude.com refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union, or recognised as “inadequate” by the European Commission, without first informing the customer. However, Bleuemeraude.com remains free to choose its technical and commercial processors, provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

BleuEmeraude.com undertakes to take all necessary precautions to preserve the security of the Information, and in particular to ensure that it is not disclosed to unauthorised persons. However, should an incident affecting the integrity or confidentiality of the Customer’s Information come to its attention, Bleuemeraude.com shall inform the Customer as soon as possible and notify them of the corrective measures taken. Furthermore, Bleuemeraude.com does not collect any “sensitive data”.

The User’s Personal Data may be processed by Bleuemeraude.com’s subsidiaries and processors (service providers), solely in order to fulfil the purposes of this policy.

Within the limits of their respective duties and for the purposes set out above, the persons likely to have access to the data of Bleuemeraude.com Users are principally the staff of our customer service department.

7.5 Types of data collected

Concerning users of the Bleuemeraude.com Site, and in the event of a booking, we collect the following data, which is essential to the operation of the service: surname, first name, postal address, email, telephone number, payment data (through our booking partner CoHoRes).

This data is retained for the following periods:

• booking and customer relationship data: 3 years from the end of the contractual relationship;
• accounting records and invoices: 10 years, in accordance with Article L. 123-22 of the French Commercial Code;
• browsing data and cookies: a maximum of 13 months, the resulting statistical data being retained for a maximum of 25 months.

Bleuemeraude.com also collects information that improves the user experience and serves statistical purposes (via Google Analytics).

8. Incident notification

Whatever efforts are made, no method of transmission over the internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. Should we become aware of a security breach, we will notify the users concerned so that they can take appropriate measures. Our incident notification procedures take account of our legal obligations, whether at national or European level. We undertake to fully inform our customers of all matters relating to the security of their account, and to provide them with the information they need to meet their own regulatory reporting obligations.

No personal information of the user of the Bleuemeraude.com site 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 Bleuemeraude.com and its rights would such information be transferred to the prospective purchaser, who would in turn be bound by the same obligation to retain and amend the data with regard to the user of the Bleuemeraude.com site.

Security

To ensure the security and confidentiality of Personal Data, Bleuemeraude.com uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, Bleuemeraude.com takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, “cookies” and internet tags

The Bleuemeraude.com site contains a number of hyperlinks to other sites, set up with the authorisation of Bleuemeraude.com. However, Bleuemeraude.com is not able to check the content of the sites thus visited, and accordingly accepts no liability in this respect.

9.1 “Cookies”

A “cookie” is a small information file sent to the User’s browser and stored on 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 cannot under any circumstances damage the User’s terminal.

Bleuemeraude.com may process information about the User’s visit to the Site, such as the pages viewed and the searches carried out. This information allows Bleuemeraude.com to improve the content of the Site and the User’s browsing experience.

With the exception of Cookies strictly necessary for the operation of the Site, Cookies are placed on the User’s terminal only after their consent has been obtained, via the banner displayed on their first visit. The User may withdraw or change that choice at any time, free of charge, using the means made available on the Site.

Since Cookies facilitate browsing and the provision of the services offered by the Site, the User may also configure their browser to decide whether or not to accept them, so that Cookies are stored on the terminal or, conversely, rejected — either systematically or depending on their issuer. The User may also configure their browser so that acceptance or rejection of Cookies is offered periodically, before a Cookie is stored on the terminal. Bleuemeraude.com informs the User that, in this case, not all the features of their browser software may be available.

If the User refuses the storage of Cookies on their terminal or browser, or deletes those already stored, the User is informed that their browsing and experience on the Site may be limited. This may also be the case where Bleuemeraude.com or one of its providers is unable to recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings, or the country from which the terminal appears to be connected to the internet.

Where applicable, Bleuemeraude.com accepts no liability for the consequences of the degraded operation of the Site and of the services it may offer, resulting from (i) the User’s refusal of Cookies, or (ii) Bleuemeraude.com’s inability to store or read the Cookies necessary for their operation as a result of the User’s choice. Cookie management settings differ from one browser to another. They are described in the browser’s help menu, which explains how the User can change their cookie preferences.

The User may at any time express and change their preferences regarding Cookies. Bleuemeraude.com may also call on external service providers to help it collect and process the information described in this section.

Finally, if the User clicks on the social network icons (X/Twitter, Facebook, YouTube, Instagram, etc.) appearing on the Bleuemeraude.com Site, and if the User has consented to the placing of cookies, those platforms may also place cookies on the User’s devices (computer, tablet, mobile telephone). Such cookies are placed only with the User’s consent, which the User may withdraw at any time.

9.2 Internet tags

Bleuemeraude.com may occasionally use internet tags (also known as “tags”, action tags, single-pixel GIFs, transparent GIFs, invisible GIFs or one-to-one GIFs), and deploy them through a specialist web analytics partner that may be located — and may therefore store the corresponding information, including the User’s IP address — in a foreign country.

These tags are placed both in the online advertisements giving users access to the Site, and on the various pages of the Site.

This technology allows Bleuemeraude.com to assess 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 User’s use of the Site.

The external service provider may collect information about visitors to the Site and to other websites through these tags, compile reports on the Site’s activity for Bleuemeraude.com, and provide other services relating to the use of the Site and of the internet.

10. Applicable law and jurisdiction

Any dispute relating to the use of the Bleuemeraude.com website is subject to French law.