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Legal

1. PUBLISHER

The website accessible at the URL address www.poiray.com (hereinafter, the “Site”) is held by the company Maison Poiray, SA, incorporated under Luxemburgish law, of which the Head Office is situated at 83 Grand Rue, L-1660 Luxembourg, Grand Duchy of Luxembourg and published by the company POIRAY INTERNATIONAL, single member simplified joint-stock company with a capital of 7,000,000 euros, registered in the Trade and Company Register of Paris under the number 794 302 422, of which the Head Office is situated at 8 place Vendôme, 75001 Paris (hereinafter, “Poiray”).

TVA No :
Tel : +33 (0)1 42 97 99 00
Email : contact@poiray.com
Publication Director: Sybille Falguiere


2. HOSTING

The Site is hosted by the company OVH, simplified joint-stock company with a capital of 10,000,000 euros, registered in the Trade and Company Register of Roubaix-Tourcoing under the number 424 761 419 00045, of which the Head Office is situated at 2 rue Kellermann, 59100 Roubaix, France.


3. ACCESSING THE SITE AND CONTENT MODIFICATIONS

By accessing or by using the Site, you acknowledge to have been informed of the existence of these Condition of Use, you accept them and you commit to adhering to them. If you disagree with these Conditions of Use, Poiray asks you to leave the Site immediately.

Poiray reserves the right to refuse access to all or part of the Site to any user who does not adhere to the Conditions of Use.

At any time, Poiray is not committed to providing continuous access to the Site, free of any malfunction. Malfunctions mean any technical difficulties, any IT-related difficulties, any difficulties linked to communication network structure and any force majeure event. These malfunctions can also be justified by maintenance. The Site User accepts that these possible difficulties occur when connecting to the Site. Poiray cannot be held liable for damage resulting from access and traffic on the Site. Poiray reserves the right to modify or correct, at any time and without notice, the Site content, whatever its nature.

Poiray reserves the right, under its sole discretion and without information beforehand, to modify, remove or add clauses to the Conditions of Use for the Site. It is therefore recommended for users to regularly refer to the latest version of said Conditions of Use. If you continue to use this Website after these Conditions of Use have been modified, you are considered to have agreed to the revised Conditions of Use.


4. INTELLECTUAL PROPERTY

Regarding national and international provisions relating to copyright, trademark rights and, generally, intellectual property rights, the Site and its content (in particular, graphics, images, text, logos and layout) are, and remain, even after downloading, the exclusive property of Poiray and/or natural persons or legal entities having agreed its transfer and/or licences to operate on these intellectual property rights.

Consequently, the possible reproduction of any element from the Site and/or any content published on the Site must be authorised, except for private and free use by the copyist in a family circle.

Any other use, copy, reproduction, representation, distribution, translation or adaptation, in whole or in part, of an element or of content published on the Site, on any medium at all and by any method at all, is forbidden, except for prior written agreement from Poiray.

Any unauthorised reproduction constitutes an infringing act, sanctioned by articles L335-2 et seq. of the Intellectual Property Code.


5. HYPERTEXT LINKS

Hypertext links present on the Site can send you to external sites, for which Poiray cannot, in any way, be held liable for their content.


6. CONFIDENTIALITY POLICY AND PERSONAL DATA PROTECTION

This confidentiality policy (“Confidentiality Policy”) is intended to inform you about the way in which personal information that you give to Poiray, on the Site, in our shops, or through any other means, is processed.

Poiray acknowledges the importance of ensuring the protection and security of your privacy and your personal information, and has produced this Confidentiality Policy in line with the strictest criteria for protecting personal data, as well as any applicable regulations.

In this regard, Poiray adheres to the law of 2 August 2002, such as modified, in force in Luxembourg and from 25 May 2018, (EU) Ruling no. 2016/679 of the European Parliament and Council of 25 April 2016, referred to as “GDPR” (together hereinafter named “Applicable Regulations”).

The Confidentiality Policy is applicable to all Site users and/or Poiray customers. We ask you to read its content in detail. If you disagree with the terms of this Confidentiality Policy, please do not give any personal information relating to you, and stop using the Site. When you give personal information, you must accept, by ticking the box provided for this purpose, for it to be collected, stored and processed by Poiray under the terms and conditions of this Confidentiality Policy.

You also have the right to withdraw your consent at any time. Withdrawing consent does not compromise the legality of the processing based on the consent given before this withdrawal.

This Confidentiality Policy is liable to be modified by Poiray at any time and without notice, in particular because of changes to standards. The new Confidentiality Policy will be applied from the date of it being put online on the Site.


6.1. Information collected by Poiray

Information relating to you, liable to be collected and processed by Poiray, is:

as part of creating an account on the Site or if you fill in our form in one of our shops, your identification and contact information, such as your name, gender, date of birth, address, email address, password and telephone number,

if you contact Poiray, a trace of this correspondence can be kept,

information relating to your visits to our shops and/or to the Site, and uses of our services that you make.


6.2 Uses of information

Poiray uses the personal information that you give to us to:

create your account on the Site and to allow you access to this account,

send you information, products and/or services that you request or that is likely to interest you, when you have agreed to be contacted for this purpose, inform you of any change made to the Site.

Poiray does not commercialise, rent or disclose your personal information to third parties other than companies belonging to its Group or an administrative or legal authority which have issued instructions in this regard.


6.3 Conservation period

Personal data collected on the Site is kept for a limited period, which is strictly necessary and proportional in pursuit of aims identified in this Confidentiality Policy, namely for 3 years following the last connection to the Site and/or the last contact with Poiray.


6.4 Security

Poiray employs every appropriate security measure to ensure information relating to you is protected, in line with this Confidentiality Policy and GDPR requirements.

In particular, Poiray takes all suitable precautions regarding the nature of the personal data which is given to it, and the risks presented by it being processed, in order to keep it secure and, in particular, prevent it being deformed, damaged, or for any unauthorised third parties having access to it.


6.5 Transfer of personal data

Poiray and/or its subsidiaries (in other words, any entity, controlling company, controlled by Poiray or under its control, the control being defined by Articles L.233-1 and L.233-3 of the Commercial Code) make no transfer of personal data to a State that is not a member of the European Union or the European Economic Area.


6.6 Violation of personal data

Poiray will inform you, as soon as possible, of any violation of your personal data, liable to lead to an increased risk for your rights and freedoms, under Articles 33 and 34 of the GDPR.


6.7 Subcontracting

Poiray is committed to calling upon subcontractors which have sufficient cover, regarding the implementation of appropriate technical and organisational measures, such that the processing of personal data meets the requirements outlined by the GDPR.

If necessary, the processing of personal data carried out by a subcontractor is governed by a contract drawn up between this subcontractor and Poiray and/or one of its subsidiaries (in other words, any entity, controlling company, controlled by Poiray or under its control, the control being defined by Articles L.233-1 and L.233-3 of the Commercial Code), in line with article 28 of the GDPR.


6.8 Cookies

A cookie is a datafile placed on your computer or on any other device when it is used to visit the Site. Poiray uses cookies to know the Site pages visited and how often they are visited, in order to make it more enjoyable and offer you suitable and personalised services when you next visit the Site.

You are informed through the appearance of a banner that a cookie can automatically be installed on your browser when you visit the Site, as well as their purposes, the option of refusing this, and changing the parameters by clicking on the link, “find out more and configure cookies”.

So, you have the choice to configure your browser to accept all cookies, reject all cookies, inform you when a cookie is sent, how long it is valid for and its content, as well as enabling you to refuse it being recorded on your device, and remove your cookies periodically.

By using the Site and by choosing to not block or deactivate cookies when you have the option to do so, you agree to the use of personal information related to the technologies such as described in this Confidentiality Policy.

The cookies used by the Site are only associated with unnamed users and their computer and do not provide reference enabling to deduce personal data about users. Certain cookies are used by third parties (e.g. Google) to send data to Poiray about the effectiveness of its promotions. Cookies do not obtain, in any case, personal information allowing a specific user to be identified.

The cookies used on the Site are temporary anyway, with the sole aim of making later transmission more effective. No cookie used on the Site will be there on your computer or device for more than two years.



The Site uses four types of cookies:

- Technical cookies: They allow the web user to browse the Site and use functionalities such as the basket,

- Analysis cookies: The Site uses Google Analytics cookies to quantify the number of users who visit the Site. These cookies allow to measure and analyse the way in which web users browse the Site. This information enables the Company to continually improve its services and to facilitate the purchasing process for Site users. To find out more about this, you can view the Google Analytics privacy page: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage,

- Personalisation cookies: When the web user browses or purchases on the Site, the Site is reminded of the user’s preferences (for example, their tastes or their preferred language). Using these cookies, it is possible to offer a simpler, quicker and more personalised browsing experience for users,

- Advertising cookies: These cookies are used to display important adverts for users. In addition, they limit the number of times each user sees an advert and this helps the Company to measure the effectiveness of their advertising campaigns. By browsing the Site, the user accepts that the Company downloads this type of cookies into their device and makes consultations when the user visits the Site in the future.

To deactivate cookies, we ask you to click on the “help” tab in your browser or read the information that accompanies your browser software.



Here is how you can deactivate cookies:

• For Mozilla Firefox users:

o Choose the “Tool” menu, then “Options”,

o Click on the “Privacy” icon,

o Find the “Cookie” menu and select the options which suit you.



• For Microsoft Internet Explorer users:

o Click on the “Confidentiality” tab,

o Select the level desired using the cursor.



• For Google Chrome users:

o Click on the spanner icon located in the browser’s tool bar,

o Select “Parameters”,

o Click on “Display advanced parameters”,

o In the “Confidentiality” section, click on the “Content parameters” button,

o In the “Cookies” section, select the options which suit you.

You can also configure your browser so that it sends a code indicating the Websites that you do not want to track (“Do Not Track” option).



Please find below, the links explaining how to configure your browser in the “Do Not Track” option, for:

- Firefox: https://support.mozilla.org/fr/kb/comment-activer-option-ne-pas-pister

- Internet Explorer: https://support.microsoft.com/fr-fr/help/17288/windows-internet-explorer-11-use-do-not-track

Chrome: https://support.google.com/chrome/answer/114836? The Site can contain links to other websites, which have different privacy policies to that of the Company. In this regard, Poiray assumes no liability for the content or practices of the linked sites. The Company recommends Site users to review the privacy policy of all websites that they can access through the Site.


6.9. Rights

Under the Applicable Regulations, you have a right to access, rectify and remove personal data relating to you.

Furthermore, you have the right to oppose the processing of personal data, for reasons related to your specific situation, as well as the right to request the processing of personal data carried out by the Company to be limited.

To implement one of these rights, all you need to do is request this online, at the following address: contact@poiray.com or by letter, indicating to us your surname, forename(s), address, and if possible, your customer reference to the following address: Maison Poiray, 83 Grand Rue, L-1660 Luxembourg, Grand Duchy of Luxembourg.

Poiray is committed to processing all requests as soon as possible.

Furthermore, you have the right to file a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL) (Data Protection Authority).


7. SETTLEMENT OF DISPUTES

Any complaint relating to the Site or one of the products offered on the Site must be notified by email to the address: contact@poiray.com or by recorded letter with acknowledgement receipt to the following postal address: Maison Poiray, 83 Grand Rue, L-1660 Luxembourg, Grand Duchy of Luxembourg.

Poiray will endeavour to process this request as best it can, and come to a resolution of the dispute under the interests of the parties.


8.APPLICABLE LAW – COMPETENT JURISDICTION

These Conditions of Use for the Site and Confidentiality Policy are subject to French law. Poiray and the user are initially committed to finding an out-of-court solution to resolve possible disputes which could occur between them. If they find no middle ground, courts where Poiray International’s Head Office is located will be acknowledged as being exclusively competent and can, under these conditions, be referred to, to provide a solution to the dispute.

Latest revision: May 2018