General Terms and Conditions of Use

ARTICLE 1. LEGAL INFORMATION

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, this article specifies the identity of the various parties involved in its creation and monitoring.

The site www.francofil.fr is published by:

SAS Francofil, with its registered office located at the following address: 87 route Guy de Maupassant 76110 Manneville la Goupil, and registered with the Le Havre Trade and Companies Register under number 829 454 313 and whose intra-community VAT number is FR29 829 454 313.

Phone: 06 07 68 79 22 / Email address: contact@francofil.fr.

The publication director of the site is: Mr. Florent Port.

The site www.francofil.fr is hosted by:

02SWITCH, with its headquarters located at the following address:

222 – 224 Boulevard Gustave Flaubert – 63000 Clermont Ferrand – France

ARTICLE 2. WEBSITE PRESENTATION

The purpose of the site www.francofil.fr is:

– To present the products offered by Francofil
– To sell products offered by Francofil

ARTICLE 3. CONTACT

For any questions or requests for information concerning the site, or any reports of illegal content or activities, the user can contact the publisher at the following e-mail address: contact@francofil.fr or send a registered letter with acknowledgment of receipt to: SAS Francofil – 87 route Guy de Maupassant 76110 Manneville la Goupil

ARTICLE 4. ACCEPTANCE OF THE TERMS OF USE

Access to and use of the site are subject to acceptance of and compliance with these General Terms and Conditions of Use.

The publisher reserves the right to modify the site and services, as well as these Terms and Conditions of Use, at any time and without prior notice, in particular to adapt to changes to the site by making new functionalities available, or by removing or modifying existing functionalities.

Therefore, users are advised to refer to the latest version of the Terms and Conditions before browsing, accessible at any time on the site. In case of disagreement with the Terms and Conditions, the user should not use the site.

ARTICLE 5. ACCESS AND NAVIGATION

Access to and use of the site is reserved for persons aged at least 16 (sixteen) years. The publisher shall be entitled to request proof of the user's age by any means.

The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. However, it may at any time suspend, limit, or interrupt access to the site or certain pages thereof in order to carry out updates, modifications to its content, or any other action deemed necessary for the proper functioning of the site.

Connecting to and browsing the www.francofil.fr website implies unreserved acceptance of these General Terms and Conditions of Use, regardless of the technical means of access and the terminals used.

These Terms of Service apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.

ARTICLE 6. WEBSITE MANAGEMENT

For the proper management of the site, the editor may at any time:

• Suspend, interrupt, or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of user;
• Delete any information that could disrupt its operation or violate national or international laws, or the rules of Netiquette;
• Suspend the site for updates.

ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS

1. REGISTRATION

Access to certain services, including all paid services, is conditional upon the user's registration.

Registration and access to the site's services are exclusively reserved for capable individuals who are at least 16 (sixteen) years old, who have completed and validated the registration form available online at www.francofil.fr, as well as these General Terms and Conditions of Use.

When registering, the user agrees to provide accurate, sincere and up-to-date information regarding their personal details and civil status. Furthermore, the user must regularly check their data to ensure its accuracy.

The user must provide a valid email address, to which the site will send a confirmation of their registration to its services. An email address cannot be used multiple times to register for services.

Any communication made by www.francofil.fr and its partners is therefore deemed to have been received and read by the user. The user therefore undertakes to regularly consult the messages received at this e-mail address and to respond within a reasonable time if necessary.

Only one registration for the site's services is allowed per individual.

The user is assigned an identifier allowing them to access a space whose access is reserved for them (hereinafter "Personal Area"), in addition to entering their password.

The username and password can be modified online by the user in their personal space. The password is personal and confidential, and the user agrees not to disclose it to third parties.

In any event, www.francofil.fr reserves the right to refuse a registration request for services in the event that the user does not comply with the provisions of these General Terms and Conditions of Use.

2. UNSUBSCRIBE

A regularly registered user may at any time request to unsubscribe by visiting the dedicated page in their Personal Area. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.

3. DELETION OF PERSONAL SPACE AT THE INITIATIVE OF THE SITE EDITOR

The user is hereby informed that the publisher reserves the right to delete the personal space of any User who violates these conditions of use and sale, and more particularly in the following cases:

• If the user makes unlawful use of the site;
• If the user, when creating their personal space, voluntarily transmits erroneous information to the site;
• If the user has not been active in their personal space for at least one year.

In the event that the publisher decides to delete the user's personal space for one of these reasons, this shall not constitute damage to the user whose account has been deleted.

This deletion does not constitute a waiver of any legal action that the publisher may take against the user who has violated these rules.

ARTICLE 8. RESPONSIBILITIES

The publisher is only responsible for the content they have personally edited.

The publisher is not responsible for:

• In the event of technical, IT or compatibility problems or failures of the site with any hardware or software;
• Direct or indirect, tangible or intangible, foreseeable or unforeseeable damage resulting from the use or difficulty of use of the site or its services;
• The intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of information circulating on it;
• Unlawful content or activities using its site, without having duly become aware of it within the meaning of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy and Law No. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.

Furthermore, the site cannot guarantee the accuracy, completeness, and timeliness of the information disseminated on it.

The user is responsible for:

• Protecting its equipment and data;
• From the use he makes of the site or its services;
• If they do not respect the letter or the spirit of these Terms and Conditions.

ARTICLE 9. HYPERTEXT LINKS

The site may contain hypertext links to other websites over which www.francofil.fr has no control. Despite the prior and regular checks carried out by the publisher, the publisher declines all responsibility for the content that may be found on these sites.

The publisher authorizes the creation of hypertext links to any page or document on its site, provided that the creation of these links is not carried out for commercial or advertising purposes.

Furthermore, the site editor must be informed before setting up any hypertext link.

Sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature, or that may offend the sensibilities of the general public, are excluded from this authorization.

Finally, www.francofil.fr reserves the right to remove at any time a hypertext link pointing to its site, if the site considers it non-compliant with its editorial policy.

ARTICLE 10. CONFIDENTIALITY

1. DATA COLLECTED AND PROCESSED, AND METHOD OF DATA COLLECTION

In accordance with the provisions of Article 5 of European Regulation 2016/679, the collection and processing of user data on the site comply with the following principles:

• Lawfulness, fairness and transparency: data can only be collected and processed with the consent of the user who owns the data. Whenever personal data is collected, the user will be informed that their data is being collected, and for what reasons their data is being collected;
• Limited purposes: data collection and processing are carried out to meet one or more objectives specified in these terms of service;
• Minimization of data collection and processing: only the data necessary for the proper execution of the objectives pursued by the site are collected;
• Data retention reduced over time: data is kept for a limited period, of which the user is informed. If the retention period cannot be communicated to the user;
• Integrity and confidentiality of collected and processed data: the data controller is committed to ensuring the integrity and confidentiality of the data collected.

In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal data may only take place if they comply with at least one of the following conditions:

• The user has expressly consented to the processing;
• Processing is necessary for the proper execution of a contract
• Processing complies with a legal obligation
• Processing is explained by a necessity related to safeguarding the vital interests of the data subject or another natural person
• Processing may be explained by a necessity related to the performance of a task carried out in the public interest or in the exercise of official authority
• The processing and collection of personal data are necessary for the purposes of the legitimate and private interests pursued by the controller or by a third party.

The personal data collected on the www.francofil.fr website is as follows:

– First name, Last name
– Email address
– Mailing address
– Bank details

This data is collected when the user performs one of the following actions on the site:

– When the user creates an account on the site
– When the user makes a purchase on the site

In addition, when purchasing a product on the site, the user is informed that the seller will keep proof of the transaction in its computer systems, including the order form and the invoice.

The data controller will store all the data collected in the site's computer systems and under reasonable security conditions for a period of 2 years, unless the user requests its deletion before the expiry of this period.

When personal data is recorded, the user is informed of how long their data will be stored, and when this duration cannot be specified, the site editor informs the user of the criteria used to determine it.

The collection and processing of data serve the following purposes:

– Order processing
– Loyalty program

2. DATA HOSTING

As mentioned above, the website www.francofil.fr is hosted by: O2SWITCH, whose headquarters are located at the following address:

222-224 boulevard Gustave Flaubert – 63000 Clermont-Ferrand – France

The data collected and processed by the site is exclusively hosted and processed in France.

3. THE DATA CONTROLLER

The data controller for personal data is: SAS Francofil. They can be contacted as follows:

by e-mail to contact@francofil.fr or by post to 87 route Guy de Maupassant 76110 Manneville-la-Goupil

4. PERSONAL DATA OF MINORS

In accordance with the provisions of Article 8 of European Regulation 2016/679 and the French Data Protection Act, only minors aged 15 or over may consent to the processing of their personal data.

If the user is a minor under the age of 15, the consent of a legal representative will be required in order for personal data to be collected and processed.

5. USER RIGHTS AND PROCEDURES FOR IMPLEMENTING USER RIGHTS

In accordance with regulations concerning the processing of personal data, the user has the rights listed below.

In order for the data controller to comply with a user's request, the user is required to provide their first name and last name, as well as their email address, and, if relevant, their account, personal space, or subscriber number.

The data controller is required to respond to the user within a maximum of 30 (thirty) days.

a. Right of access, rectification and right to be forgotten

The user can access, update, modify, or request the deletion of their data by following the procedure outlined below:

The user must send an email specifying the subject of their request and using the contact email address provided above.

If the user has one, they have the right to request the deletion of their personal space by following this procedure:

The user must send an email to contact@francofil.fr specifying their personal account number. The data deletion request will be processed within 10 business days.

b. Right to data portability

The user has the right to request the portability of their personal data, held by the site, to another site, in accordance with the following procedure:

The user must send an email specifying the subject of their request and using the contact email address provided above.

c. Right to restriction and opposition of data processing

Finally, the user has the right to request the limitation or to oppose the processing of their data by the site, without the site being able to refuse, except to demonstrate the existence of legitimate and compelling reasons, which may prevail over the interests and the rights and freedoms of the user.

d. Right to determine the fate of data after death

The user is reminded that they can decide what should happen to their data collected and processed if they die, in accordance with law n°2016-1321 of October 7, 2016.

e. Right to lodge a complaint with the competent supervisory authority

In the event that the data controller decides not to respond to the user's request, and the user wishes to contest this decision, they have the right to appeal to the CNIL (Commission Nationale de l'Informatique et des Libertés, https://www.cnil.fr) or any competent court.

6. OBLIGATIONS OF THE DATA CONTROLLER

The data controller undertakes to protect the personal data collected, not to pass it on to third parties without the user having been informed and to respect the purposes for which the data was collected.

The site has an SSL certificate to ensure that information and data transfers passing through the site are secure.

In addition, the data controller undertakes to notify the user in the event of rectification or deletion of data, unless this involves disproportionate formalities, costs and procedures for him.

In the event that the integrity, confidentiality or security of the user's personal data is compromised, the data controller undertakes to inform the user by any means.

ARTICLE 11. COOKIES

1. USER CONSENT TO THE USE OF “COOKIES” FILES BY THE SITE

The site may use "cookie" techniques to process statistics and information on traffic, to facilitate browsing and to improve the service for the user's convenience. For the use of "cookie" files involving the saving and analysis of personal data, the user's consent is necessarily requested.

This user consent is considered valid for a maximum period of 13 (thirteen) months. At the end of this period, the site will again ask the user for authorization to save "cookie" files on their hard drive.

2. USER'S RIGHT TO OBJECT TO THE USE OF “COOKIES” FILES BY THE SITE

The user is hereby informed that they can prevent the recording of these "cookies" by configuring their browser software.

If the user decides to deactivate "cookies", they may continue to browse the site. However, any malfunction of the site caused by this manipulation could not be considered the fault of the site editor.

3. DESCRIPTION OF "COOKIE" FILES USED BY THE SITE

The site editor draws the user's attention to the fact that the following cookies are used during browsing:

• Session cookies
• Persistent cookies

ARTICLE 12. INTELLECTUAL PROPERTY

The site's structure, along with all texts, graphics, images, photographs, sounds, videos, and software applications comprising it, are the property of the publisher and protected as such by intellectual property laws in effect.

Any representation, reproduction, adaptation or exploitation, whether partial or total, of the content, registered trademarks and services offered by the site, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and may constitute an infringement within the meaning of articles L. 335-2 et seq. of the French Intellectual Property Code. This does not apply to elements expressly designated as royalty-free on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to any element of the site, which remain the exclusive property of the publisher.

The user is prohibited from introducing data on the site that would modify or be likely to modify its content or appearance.

ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the applicable rules of jurisdiction.

The site www.francofil.fr wishes you excellent browsing!