- LEGAL NOTICES
- ISSUES RELATED TO THE COMPLIANCE OF THE LEGAL NOTICES
The legal notices are provided for by the LCEN and more precisely its article 6, III, 1. They are intended to inform Internet users who navigate on an Internet website of the identity and the coordinates of the editor of the website and its host.
Failure to make this information available to the public is punishable by one year's imprisonment and a fine of 375,000 euros for legal entities. If the sanctions are not automatic and can be moderated by the judges in the case of litigation, they remain to be considered. Thus, for example, the publishers of the website "notetonentreprise.com" were sentenced, in 2014, to a 6,000 EUR fine each because they had not included legal notices on their website. More recently, the Court of Cassation upheld a suspended sentence of three months in prison and a fine of 5,000 EUR against the president of the association Egalité et Réconciliation for not having respected his obligation to identify himself in the legal notices of the website.
- ACCESS MODALITIES
The access to the legal notices must be done in an "open standard" according to the law. In practice, it must be possible to access the legal notices on all the pages of the website.
Moreover, when a website is aimed at French consumers, its legal notices must appear in French. We have elaborated the legal notices presented below.
- LILAS PARME’S LEGAL NOTICES
Version of the 22.09.2021
In accordance with Article 6, III, 1 of Law No. 2004-575 for Confidence in the Digital Economy and the provisions of Law No. 78-17 of January 6th, 1978, as amended by Law No. 2018-493 of June 20th, 2018, we inform you that:
This Website is published by LILAS PARME, a simplified joint stock company under French law endowed with a share capital of six thousand euros (€6,000), registered in the Strasbourg Trade and Companies Register under the number 800 036 873 having its registered office at 34 avenue des Champs Élysées 75008 Paris.
For any information relating to the Website and its use, you can contact us by email at email@example.com or by telephone at 06.23.35.93.35.
The director of the publication is Mrs Valérie Koch.
The Webite is hosted by OVH, a simplified joint stock company with a single shareholder under French law, registered in the Lille Trade and Companies Register under number 424 761 419, with its registered office at 2, rue Kellermann, 59100 Roubaix - France, which can be reached via its website https://help.ovhcloud.com/fr/ or by telephone by calling 0820 698 765.
- Intellectual Property Rights
Certain elements of the website [insert website URL] (hereinafter the "Website") are protected by French and international legislation on copyright and intellectual property (hereinafter the "Protected Elements").
In accordance with the provisions of the French Intellectual Property Code (Code de la propriété intellectuelle), LILAS PARME grants you a personal and limited right to use the Protected Elements, on a worldwide basis, solely for private use and for personal purposes while browsing the Website, limited to the family circle and for the duration of the browsing.
Any other use of the Protected Elements without the prior authorization of LILAS PARME and/or any rightful owner is strictly prohibited and may constitute a violation of intellectual property rights.
LILAS PARME is a registered trademark. You may not use or distribute, in any way whatsoever, the logo and/or the aforementioned trademarks without the express consent of the publisher. The other names of products or companies mentioned on the Website may be trademarks or registered trademarks belonging to the publisher or to third parties and protected as such by intellectual property law. Any unauthorized reproduction may be subject to legal action for counterfeiting.
As a data controller, Lilas Parme shall comply with a certain number of obligations when it collects and processes personal data.
- THE COMPLIANCE OF THE CONTACT FORMS ON THE WESBITE
Example of a legal notice to be inserted into the order form and to be adapted for any other form (contact, newsletter sending etc...):
Your personal data are processed by Lilas Parme to receive a Box as soon as you have consented to it.
The collected data are essential to the creation and the personalization of the Box that you ordered and are intended for Lilas Parme and its subcontractors.
The collected data are stored for the duration of the elaboration of the Box and for a maximum duration of two (2) years as from your last use of the Website.
You have the right to access, rectify, delete, and withdraw your consent at any time, and to object, without giving any reason, to the process of your data for prospecting purposes. You can exercise the above rights by contacting us by e-mail at firstname.lastname@example.org.
For more information or if you feel that your rights are not respected, you can contact the control authority (CNIL) directly: https://www.cnil.fr/.
- MANAGING COOKIES
The consent of the user is required before cookies can be placed. Otherwise, it is not possible to place cookies on users’ terminals. Acceptance and refusal must be easy to choose, one as easy as the other, and must be accompanied by relevant information on the purpose of the cookies.
We recommend offering a choice between two buttons, presented on the same level and in the same place in the cookie banner, entitled "ACCEPT ALL" and "REFUSE ALL".
In this case, the user must have been informed beforehand of all the purposes of the cookies used on the Website. We therefore recommend that the purposes of the cookies (personalization of content, personalized advertising, geolocalized advertising, sharing of content on social networks, etc.) appear as soon as the acceptance/refusal banner for cookies appears.
LILAS PARME collects data related to Users who visit the Website, place an order (under the conditions defined in the General Terms and Conditions of Sale) and complete a form available on the Website, as well as data related to Recipients (as this term is defined below).
"Boxes" means personalized gift sets as well as subscriptions to personalized gift set services as described in the Website's Terms and Conditions of Sale.
"General Terms and Conditions of Sale" refers to the general terms and conditions of sale applicable between LILAS PARME and any User who places an order by filling out an order form on the Website.
"Personal Data" refers to personal data within the meaning of the Personal Data Regulation.
"Parties" means both LILAS PARME and the User.
"Personal Data Regulation" means the regulation in force concerning Personal Data, namely (i) the French Data Protection Act no. 78-17 of January 6th, 1978, in its version in force on the date hereof and (ii) the European Regulation no. 2016-679 on the protection of personal data known as the "GDPR" (General Data Protection Regulation).
- Information on the Processing of Personal Data
LILAS PARME is responsible for the processing of Personal Data carried out via its Website, in strict compliance with the Personal Data Regulation.
The Personal Data collected includes the last name, first name, postal address, e-mail address and telephone number of the User and/or the person for whom a Box is intended (hereinafter referred to as the "Recipient"), as well as the User's tastes, preferences, hobbies and any other information that the User deems useful to transmit to LILA PARME related to the Recipient and their tastes for the preparation of Boxes. Data relating to the use of the Website may be collected automatically as a result of actions on the Website, in particular in the context of the collection of cookies and other tracers as detailed below.
The processing of Personal Data by LILAS PARME has the following purposes and legal bases:
Processing of the order made by the User
Contract (General Terms and Conditions of Sale)
Elaboration of personalized Boxes
Consent of the User
Consent of the User
- Recipients and hosting conditions of Personal Data
The Personal Data of Users and Recipients are processed by LILAS PARME with the utmost care and confidentiality, limiting access to them only to employees authorized to process them by virtue of their duties.
Personal Data are hosted in the European Union by a service provider whose identity and contact details are specified in the Legal Notice of the Website.
- Location and Duration of the conservation of Private Data
LILAS PARME will make every effort to keep all Personal Data provided by Users within the European Union. In the event that Personal Data provided by the User are stored on servers located in countries outside the European Union, LILAS PARME undertakes to ensure that the country or countries in which the Personal Data are stored provides an adequate level of protection within the meaning of the Personal Data Regulation.
LILAS PARME only keeps Personal Data for the purpose for which it was collected and for the time necessary to process the User's order and/or to prepare the Gift Sets, as the case may be.
- Obligations of Users
- Rights of Users and Recipients
Each User and each Recipient may, at any time, upon simple request accompanied by proof of identity:
- demand that the Personal Data concerning them be communicated or that they be, as the case may be, completed, updated or deleted;
- withdraw their consent to the processing of their Personal Data, without affecting the lawfulness of the processing based on the consent given before the withdrawal of the latter;
- benefit from the right to portability of their Personal Data as well as the right to define directives concerning the fate of this Personal Data after their death; and/or
- to request the limitation or to oppose the processing of their Personal Data for legitimate reasons.
All requests should be sent to the following address: email@example.com
LILAS PARME undertakes to make its best efforts to respond within one (1) month of receipt of the request. This period may be extended by two (2) additional months depending on the complexity and number of requests. LILAS PARME will keep the User or Recipient informed when appropriate.
The User, or the Recipient as the case may be, may also lodge a complaint with the CNIL if they believe that their Personal Data has not been protected in the context of the processing carried out by LILAS PARME.
- Management of Cookies
When browsing the Website, User information may be recorded or read on the User's browsing device, subject to the User's choices under the conditions below.
What is a cookie?
Cookies are small text files that are used to store information on web browsers. Notably, cookies are used to store and receive identifiers and other information on devices such as computers and cell phones.
Purpose of the cookies:
During the consultation of the Website, cookies may be used. Some are necessary for the Website to function properly, while others are intended to improve its interactivity with third-party websites.
For your complete information, when you visit the Website, LILAS PARME places cookies on your browser that are essential for the Website to function:
Country: United States
Keeps track of the visitor's cart status.
Country: United States
Allows you to keep track of the visitor's cart status.
Country: United States
Refers to the country code calculated from the user's IP address. Used to determine which language should be used for users.
Rights of the User
Users can also prevent the browser from accepting certain cookies, have the browser ask for their consent before a new cookie is placed in their browser, or block cookies altogether by selecting the appropriate settings in their browser's privacy preferences menu.
The links below will function as a guide and help the User modify these settings:
- Manage cookie settings in Chrome, Chrome Android et Chrome iOS.
- Manage cookie settings in Safari et Safari iOS.
- Manage cookie settings in Internet Explorer.
- Manage cookie settings Opera.
To find out the options offered by any other browser software and how to delete cookies stored in their terminal, the User is invited to consult the help menu of their browser and the CNIL website.
 Cour de cassation, Chambre criminelle, arrêt du 22 janvier 2019