Terms of Sales
Definitions
Client: any professional or capable natural person within the meaning of articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Benefits and Services: Julie Da Rocha provides Clients with:
Content: All the elements constituting the information present on the Site, in particular texts – images – videos.
Customer information: Hereinafter referred to as “Information(s)” which correspond to all personal data likely to be held by Julie Da Rocha for the management of your account, customer relationship management and for marketing purposes. analyzes and statistics.
User: Internet user connecting, using the above-mentioned site.
Personal information: “Information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law no. 78-17 of January 6, 1978).
The terms “personal data”, “data subject”, “subcontractor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679)
1. Presentation of the website.
Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the Julie Da Rocha website are informed of the identity of the various participants within the framework of its implementation and its monitoring:
Owner: JULIE DA ROCHA – Micro Entreprise – 3 chemin des vignes 64320 BIZANOS
SIRET number: 852 440 817 00025
Publication manager:Julie DA ROCHA
The publication manager is a natural person or a legal entity.
Creation of the site:Eguzki Studio
Host: Wix Online Platform Limited, 1 Grant’s Row, Dublin 2 D02HX96, Ireland.
Data Protection Officer: Julie DA ROCHA – julie.darocha@gmail.com
The legal notices come from the model proposed by the free generator Orson.io
2. General conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer or exploit for its own account all or part of the elements or works of the Site.
Use of the Julie Da Rocha site implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the Julie Da Rocha site are therefore invited to consult them regularly.
This website is normally accessible to users at any time. An interruption for reasons of technical maintenance may however be decided by Julie DA ROCHA, who will then endeavor to communicate to users in advance the dates and times of the intervention. The Julie Da Rocha website is updated regularly by Julie DA ROCHA, manager. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to read them.
3. Description of services provided.
The Julie Da Rocha website aims to provide information regarding all the activities of the micro-enterprise. Julie DA ROCHA strives to provide information as accurate as possible on the Julie Da Rocha website. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether due to itself or to third party partners who provide this information.
All information indicated on the Julie Da Rocha website is given for information purposes only, and is subject to change. Furthermore, the information on the Julie Da Rocha website is not exhaustive. They are given subject to modifications having been made since they were put online.
4. Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held responsible for material damage linked to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, not containing viruses and with an updated latest generation browser. The Julie Da Rocha site is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679)
The objective is to provide a service that ensures the best rate of accessibility. The host ensures 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, improvement of its infrastructures, failure of its infrastructures or if the Services generate reputable traffic. unnatural.
Julie Da Rocha and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
5. Intellectual Property and Counterfeiting.
Julie DA ROCHA is the owner of the intellectual property rights and holds the usage rights on all elements accessible on the website, in particular texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written permission of: Julie DA ROCHA.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
6. Limitations of Liability.
Julie DA ROCHA acts as editor of the Julie Da Rocha site and is responsible for the quality and veracity of the Content it publishes.
Julie DA ROCHA cannot be held responsible for direct or indirect damage caused to the user's equipment, when accessing the Julie Da Rocha website, and resulting either from the use of equipment that does not meet specifications indicated in point 4, or the appearance of a bug or incompatibility.
Julie DA ROCHA cannot also be held responsible for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the Julie Da Rocha site. Interactive spaces (possibility of asking questions in the contact area) are available to users. Julie DA ROCHA reserves the right to delete, without prior notice, any content posted in this space which does not comply with the legislation applicable in France, in particular the provisions relating to data protection. If applicable, Julie DA ROCHA also reserves the possibility of calling into question the civil and/or criminal liability of the user, particularly in the event of a message of a racist, offensive, defamatory, or pornographic nature, whatever the medium used (text, photography …).
7. Management of personal data.
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection and Freedom Law of August 6, 2004 as well as the General Data Protection Regulation (GDPR: n° 2016-679).
7.1 Persons responsible for collecting personal data
For Personal Data collected as part of the creation of the User's personal account and their navigation on the Site, the person responsible for processing Personal Data is: Julie Da Rocha represented by Julie DA ROCHA, her legal representative. As responsible for processing the data it collects, Julie Da Rocha undertakes to respect the framework of the legal provisions in force. It is in particular up to the Client to establish the purposes of its data processing, to provide its prospects and clients, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of treatments consistent with reality. Each time Julie Da Rocha processes Personal Data, Julie Da Rocha takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Julie Da Rocha processes it.
7.2 Purpose of the data collected
Julie Da Rocha may process all or part of the data:
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to enable navigation on the Site and the management and traceability of services ordered by the user: connection and use of the Site data, invoicing, order history, etc.
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to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password
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to improve navigation on the Site: connection and usage data
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to conduct optional satisfaction surveys on Julie Da Rocha: email address
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to carry out communication campaigns (sms, email): telephone number, email address
Julie Da Rocha does not sell your personal data which is therefore only used out of necessity or for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of Julie Da Rocha have the following rights:
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right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completeness of User data, right to lock or erase User data of a personal nature (article 17 GDPR), when they are inaccurate, incomplete, equivocal, out of date, or the collection, use, communication or retention of which is prohibited
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right to withdraw consent at any time (article 13-2c GDPR)
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right to limit the processing of User data (article 18 GDPR)
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right to object to the processing of User data (article 21 GDPR)
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right to portability of the data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
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right to define the fate of Users' data after their death and to choose to whom Julie Da Rocha will communicate (or not) their data to a third party that they have previously designated
As soon as Julie Da Rocha becomes aware of the death of a User and in the absence of instructions from her, Julie Da Rocha undertakes to destroy her data, unless their conservation proves necessary for evidentiary purposes or to respond to requests. a legal obligation.
If the User wishes to know how Julie Da Rocha uses their Personal Data, ask to rectify them or oppose their processing, the User can contact Julie DA ROCHA in writing at the following address:
Julie DA ROCHA – 3 chemin des vignes – 64320 BIZANOS
In this case, the User must indicate the Personal Data that he would like to have.Julie DA ROCHA corrects, updates or deletes, by precisely identifying itself with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on Julie Da Rocha by law, in particular with regard to the conservation or archiving of documents. Finally, Users of Julie Da Rocha can file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
Julie Da Rocha undertakes not to process, host or transfer Information collected about its Clients to a country located outside the European Union or recognized as “inadequate” by the European Commission without first informing the client. However, Julie Da Rocha remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).
Julie Da Rocha undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of Customer Information is brought to the attention of Julie DA ROCHA, it must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, Julie Da Rocha does not collect any “sensitive data”.
The User's Personal Data may be processed by subsidiaries of Julie Da Rocha and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the main people likely to have access to the data of Julie Da Rocha Users are mainly our customer service agents.
8. Incident notification
Regardless of efforts, no method of transmission over the Internet, or method of electronic storage, is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and providing them with all necessary information to help them meet their own regulatory reporting obligations.
No personal information of the user of the Julie Da Rocha site is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the hypothesis of the repurchase of Julie Da Rocha and her rights would allow the transmission of said information to the possible purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the Julie Da Rocha website.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, Julie Da Rocha uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, Julie Da Rocha takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. “Cookies” hypertext links and internet tags
The Julie Da Rocha site contains a certain number of hypertext links to other sites, set up with the authorization of Julie Da Rocha. However, Julie Da Rocha is not able to verify the content of the sites visited, and will therefore assume no responsibility for this. Unless you decide to disable cookies, you agree that the site can use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
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 are in no way likely to damage the User's terminal.
Julie Da Rocha may process the User's information concerning their visit to the Site, such as the pages consulted and the searches carried out. This information allows Julie Da Rocha to improve the content of the Site and the User's navigation.
Cookies facilitate navigation and/or the provision of services offered by the Site, the User can configure his browser so that it allows him to decide whether or not he wishes to accept them so that Cookies are recorded in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User can also configure their browser software so that the acceptance or refusal of Cookies is offered to them from time to time, before a Cookie is likely to be recorded in their terminal. Julie Da Rocha informs the User that, in this case, it is possible that the functionalities of their navigation software are not all available.
If the User refuses the recording of Cookies in their terminal or browser, or if the User deletes those saved there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when Julie Da Rocha or one of its service providers cannot recognize, 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.
If applicable, Julie Da Rocha declines all responsibility for the consequences linked to the degraded functioning of the Site and the services possibly offered by Julie Da Rocha, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for Julie Da Rocha to record or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow you to know how the User can modify their wishes regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. Julie Da Rocha may also use the services of external service providers to help her collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Instagram, Facebook, Linkedin and Google Plus appearing on the Julie Da Rocha Site or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the Website or Julie Da Rocha's mobile application, Instagram, Facebook, Linkedin and Google Plus may also place cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only placed on your terminals if you consent to them, by continuing to browse the Julie Da Rocha Website or mobile application. At any time, the User can nevertheless revoke their consent for Julie Da Rocha to deposit this type of cookies.
Article 9.2. INTERNET TAGS
Julie Da Rocha may occasionally use web beacons (also called "tags", or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialist partner web analyzes that may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site. This technology allows Julie Da Rocha to evaluate 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 use of this Site by the User.
The external service provider may possibly collect information on visitors to the Site and other websites using these tags, compile reports on the activity of the Site for the attention of Julie Da Rocha, and provide other services relating to use of it and the Internet.
10. Applicable law and attribution of jurisdiction
Any dispute relating to the use of the Julie Da Rocha site is subject to French law. Except in cases where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Pau.
11. Payment terms
The client/patient has the possibility to pay directly on the website by credit card or on site at the studio, by check, by cash or by bank transfer directly to Julie Da Rocha's bank account.
Failure to pay: Pilates matwork and reformer classes are paid for either when booking the class or on the day of the class. In the event of late payment, the customer undertakes to pay the amount due before the end of the current month.
Dietary consultations are paid either when making the appointment or on the day of the consultation. In the event of late payment, the patient undertakes to pay the amount due before the end of the current month.
12. Cancellation conditions
12.1. Cancellation of a Pilates matwork or reformer class
Any Pilates matwork/Reformer class canceled on the day of the class will be charged and cannot be refunded. In the event that the course is canceled outside the cancellation period, the client will be fully refunded. Postponing a course on the same day of the course will also be charged and will not be subject to any refund.
12.2. Cancellation of a dietary consultation
Concerning dietary consultations, there is no cancellation deadline and the patient will be fully reimbursed in the event of a cancellation. Failure of the patient to attend the appointment without warning will be charged and will not be subject to any reimbursement. The patient will not be charged for rescheduling an appointment.
12.3. Exclusions to the application of the cancellation conditions
Death of a family member, hospitalization of the client, their spouse or a child, major disaster at the client's main home.