LEGAL NOTICES, MANAGEMENT OF COOKIES & PRIVACY POLICY

  1. 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[1].

  • 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:

  1. Editor

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 contact@lilasparme.com or by telephone at 06.23.35.93.35.

The director of the publication is Mrs Valérie Koch.

  1. Host

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.

  1. 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.

  1. Privacy Policy

In accordance with the provisions of the Law No. 78-17 of January 6th, 1978, as amended by the Law No. 2018-493 of June 20th, 2018, we inform you that the processing of personal data collected from the Website, are implemented under the conditions detailed in our [insert hyperlink to the privacy policy].

  1. PRIVACY POLICY, FORMS, AND COOKIES
  • THE PURPOSE OF THE PRIVACY POLICY

This privacy policy is intended to frame the personal data processes carried out by Lilas Parme when users fill in forms for Box customization, place an order or subscribe to a newsletter as the case may be.

As a data controller, Lilas Parme shall comply with a certain number of obligations when it collects and processes personal data.

  • ACCESSIBILITY OF THE PRIVACY POLICY

The privacy policy must be always easily accessible on the Website, it is therefore recommended to insert a hyperlink entitled for example "Privacy Policy & Terms of Use" in the footer of the Website, next to the link to the legal notice.

  • THE COMPLIANCE OF THE CONTACT FORMS ON THE WESBITE

All the contact forms on the Website (whether it is a contact form, an information for a Box, an order form, etc.) must (i) indicate with an asterisk which data is essential for processing the request (ii) indicate a certain amount of information provided for by the regulations reproduced in the proposed formula below (iii) include a checkbox "I have read and accept the Privacy Policy" (with a hyperlink to the privacy policy).

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 contact@lilasparme.com.

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

We have inserted directly into the privacy policy below, provisions relating to the management of cookies installed on users' computers (computers, mobiles, tablets etc.).

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.

  • DRAFT OF THE PRIVACY POLICY AND OF THE MANAGEMENT OF COOKIES – LILAS PARME

PRIVACY POLICY

This privacy policy (the "Privacy Policy") applies to the processing of data by LILAS PARME, a simplified joint stock company with registered offices at 34 avenue des Champs Elysées - 75008 Paris, France, endowed with a share capital of six thousand euros (€6,000), registered with the Strasbourg Trade and Companies Registry under number 800 036 873 (hereinafter "LILAS PARME"), with respect to individuals who browse and/or use the [www.lilasparme.com] website (the "Website") (hereinafter a "User").

LILAS PARME reserves the right to change its Privacy Policy, in particular to comply with current laws and regulations. The User will be informed of any changes and the date on which they come into force. After this date, browsing the Website by the User shall be deemed to constitute acceptance of these changes. LILAS PARME invites the User to consult the Privacy Policy regularly.

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).

The terms used in the Privacy Policy and beginning with a capital letter have the following meaning:

"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).

  1. 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:

Purposes

Legal basis

Processing of the order made by the User

Contract (General Terms and Conditions of Sale)

Elaboration of personalized Boxes

Consent of the User

Commercial Prospecting

Consent of the User

  1. 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.

Personal Data may be shared by LILAS PARME with third-party service providers hired by LILAS PARME to perform subcontracted tasks, which the User expressly accepts. In any event, these service providers are only authorized to use Personal Data provided by Users in the context of the services they perform on behalf of LILAS PARME and solely for the purposes set out in this Privacy Policy; public bodies or authorities requesting such services in order to comply with a legal obligation or to protect rights; and, where applicable, any future purchaser of LILAS PARME in the event of a sale of business or assets.

  1. 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.

  1. Obligations of Users

The Users acknowledge and accept that they are responsible for informing the Recipient of the processing of their Personal Data by LILAS PARME and undertakes, where applicable, to communicate this Privacy Policy to the Recipient.

In this respect, the User guarantees LILAS PARME that they have the authority to transmit the Recipient's Personal Data for the purposes of preparing the Gift Sets, in accordance with the Personal Data Regulations.

[In any event, LILAS PARME will send each Recipient a copy of this Privacy Policy, under the delivery conditions stipulated in the General Terms and Conditions of Sale].

  1. 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: contact@lilasparme.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.

  1. 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:

CookieConsent
Country: Ireland
Stores the user's permission to use cookies for the current domain

wc_cart_hash_
Country: United States
Keeps track of the visitor's cart status.

wc_fragments_
Country: United States
Allows you to keep track of the visitor's cart status.

wp-wpml_current_language
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

When visiting the Website for the first time, the User is informed of the presence and use of cookies by a banner inviting them to indicate their choice. Cookies are only deposited if the User accepts them. The User can at any time be informed and set their cookies to accept or refuse them by going to [the cookies setting tab], accessible via a link on each page of the Website. [The User can indicate their preference either for the entire Website or according to the options proposed].

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:

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.

[1] Cour de cassation, Chambre criminelle, arrêt du 22 janvier 2019