LEGAL MENTIONS I MY VILLA IN ST-BARTH

OVERVIEW

In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy, known as L.C.E.N., it is brought to the attention of users and visitors, hereinafter the « user », of the site WWW.MYVILLAINSTBARTH.COM, hereinafter the « site », these legal notices.

The connection and navigation on the site by the user implies full and unreserved acceptance of these legal notices.

These are accessible on the Site under the heading “Legal notices”.

ARTICLE 1 : THE PUBLISHER

The website "WWW.MYVILLAINSTBARTH.COM" is edited by MY VILLA IN ST BARTH REAL ESTATE (SASU), registered in the Basse-Terre RCS under No. 813 347 606, with its registered office in Colombier, 97133 SAINT- BARTHÉLEMY, whose sole shareholder and founder is Mrs MONIQUE TURBE, Holder of the professional real estate agent card “Transaction on buildings and commercial funds” CPI No. 9771 2015 000001 437 issued by the Professional Economic Chamber of Saint-Barthélemy.
Financial guarantees: GALIAN No. 120 137 405, 7 rue de la Boétie, 75008 PARIS; Tel: (590)590.51.3510
E-mail: [email protected]

Subject in particular to the Hoguet Law of 2 January 1970 and Decree of 20 July 1972
Publishing Director: Monique Turbé

The site presents the services offered by MYVILLAINSTBARTH through its management and real estate transaction activities. MYVILLAINSTBARTH strives to provide as accurate information as possible on WWW.MYVILLAINSTBARTH.COM. However, it may not be held liable for any omissions, inaccuracies or deficiencies in the update, whether on its own account or on account of the third-party partners who provide it with this information.
All information provided on WWW.MYVILLAINSTBARTH.COM is indicative and is subject to change. The information on WWW.MYVILLAINSTBARTH.COM is not exhaustive. They are subject to changes that have been made since they were published online.

ARTICLE 2 : HOSTING OF THE WEBSITE

The site is hosted by: SCALEWAY SAS BP 438 75366 PARIS CEDEX 08 FRANCE
Website: https://www.scaleway.com

ARTICLE 3 : AVAILABILITY OF SERVICES

The company makes its best efforts to make its services available 24 hours a day, 7 days a week, regardless of the maintenance operations of said services and / or servers and / or the website. In this regard, the Company is bound by an obligation of means.
The company reserves the right to modify or interrupt, at any time, temporarily or permanently, all or part of the services without prior information to users and without right to compensation.
The company makes its best efforts to ensure the continuity of the services; however, given the complexity and circumstances specific to the particular activity of hosting, the company can only be held to an obligation of means under these legal notices.
Consequently, the company cannot be held liable for difficulties or impossibilities of access, the slowness of the connection or any other technical problem due to circumstances and / or to technical intermediaries outside the company.

ARTICLE 4 : GUARANTEES - LIABILITY - FORCE MAJEURE

4.1 USER GUARANTEE

By accessing the company's website, the user declares, guarantees and undertakes to:

•access and use the Website and the services in good faith, in a reasonable manner, not contrary to the terms of these legal notices and for strictly personal and non-profit use;
• not to use devices or softwares other than those provided by the company intended to i) affect or attempt to affect the proper functioning of the website and / or the services it contains ii) or extract, modify, consult, even in buffered or temporary memory, or for individualized use, all or part of the website;
• not access and / or use the Websiteand / or the services provided by the company on said website for illicit purposes and / or with the aim of causing damage to reputation and to image of the company or more generally to infringe the rights, in particular intellectual property rights, of the company and / or third parties;
• not directly or indirectly market the services and / or access to the services and / or access to the website;
• not to reuse all or part of the website and the services they contain, in particular for commercial purposes and / or collective purposes and / or for personal purposes in a form and / or a medium not authorized by the company
• not to use the services provided by the company or the data to which it could have access via said services and / or the website for directly or indirectly commercial purposes and / or for personal purposes in a form and / or medium not authorized by the company;
• not to reproduce or represent all or part of the website for private purposes beyond the legal exceptions provided for, in particular by the French Intellectual Property Code, or with a view to direct or indirect marketing in particular with third parties;
• not limit access and use of the website and / or the services;
• not modify, including in buffer or temporary memory, any mention or element of the services and / or the content of the website;
• not to contravene the provisions of articles 323-1 to 323-7 of the French Criminal Code repressing so-called “hacking” practices;
• not to use and / or exploit the electronic and / or postal contact details of other users of the website for the purpose of sending mass solicitation emails and engaging in a practice of "spamming ".

In the event of a breach of any of these obligations and, without this list being exhaustive, the user acknowledges and accepts that the company will have the option of refusing him, unilaterally and without prior notification, access to all or part of the website.

4.2 LIMITATION OF LIABILITY

The user is solely liable for the use he makes of the website and the services which he accesses from the website.
The company can in no case be held liable in the context of a procedure brought against the user who would have been guilty of a non-compliant use of the website and / or the services it provides.
The user acknowledges and accepts in this regard that he will be personally liable for any complaint or procedure brought against the company, due to his non-compliant use of the services and / or the website.
The website may contain hypertext links to third party websites.
In this regard, given the evanescent nature of the content that may be broadcast there, the company cannot be held liable in the event that the content of said third-party websites contravenes the legal and / or regulatory provisions in force.

In any event, the company cannot be held liable:

• in the event of unavailability of the services for reasons such as failure of the public electricity network, failure of cable telecommunications networks, loss of connectivity to the Internet network due to operators public or private, in particular the user, the causes of which stem in particular from strikes, storms, earthquakes or any other cause having the characteristics of force majeure;
• in the event of use of the services by a user under conditions that do not comply with the terms of these legal notices;
• within the limits of the legislation in force, for any indirect damage and this including in particular the loss of profit, of data or any other loss of intangible property, and this even if the company has been informed of the potentiality of such damage, which could arise (i) from the use or inability to use the services (ii) following access to said services by an unauthorized user.
• The company cannot be held liable for any malfunction of any nature whatsoever relating to the user's computer equipment as well as to their internet access connection, when accessing the website and more generally to services. More particularly, the company cannot guarantee the user of the Services on:
• For problems of speed of access to the website and / and / or of the speed of buffering by the user's computer, of videos accessible via the services that the user is likely to encounter.

4.3 FORCE MAJEURE

The liability of the company cannot be sought if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by article 1218 of the French Civil Code as amended by ordinance n ° 2016-131 of February 10, 2016 and interpreted by the case law of the French Courts, and in particular, without limitation, natural disasters , fires, malfunction or interruption of the telecommunications network or the electricity network.

ARTICLE 5 : INTELLECTUAL PROPERTY

5.1 COPYRIGHT ON THE COMPANY'S WEBSITE

The company is the owner or the distributor of the intellectual property rights both for the general structure of the website and for its content (texts , slogans, graphics, images, videos, photos and other content).
Therefore, in accordance with the provisions of Book 1 of the French Intellectual Property Code, any representation, reproduction, modification, distortion and / or total or partial exploitation of the website and / or its content and / or of the services, by any means whatsoever and on any medium whatsoever, without the express prior authorization of the company, is prohibited and constitutes acts of copyright infringement.
Likewise, any unauthorized use of the website, and / or its content and / or the services engages the criminal and civil liability of the user on the basis of copyright infringement.

The company intends to disclose the website and the services only in order to allow access to it on the Internet, and this:
i. from a computer or an equivalent terminal having access to one or more telecommunications networks allowing access to the Internet network and browser software on the Internet network (such as Internet Explorer, Mozilla Firefox, Safari etc.);
ii. a mobile terminal with access to a telecommunications network allowing access to the Internet network (WiFi connection, 3/4/5G, Edge, etc.);
Any other use of the website and / or the services is deemed to be automatically reserved for the company and constitutes an infringement of its right of disclosure on the Website and / or services.

5.2 DISTINCTIVE SIGNS

The brands, logos, company names, acronyms, trade names, trade names and / or domain names of the company and / or its commercial partners mentioned on the website, allowing access to the services made available by the company, constitute distinctive signs that cannot be used without the express prior authorization of their owner.
Any representation and / or reproduction and / or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, in application of the provisions of Book 7 of the French Intellectual Property Code, usurpation of company name, trade name. and domain name engaging the tort liability of its author.

5.3 CREDITS

Website creation: Agence Grizzli – 3 Rue Nicolet 75018 Paris - https://www.grizzli.paris
Writer: Bénédicte Faure, Monique Turbé
Photography: Abigail Leese, Alexandre Abela, Arturo Zavala Haag, Gerald Tessier, Jean-Philippe Piter, Jack Zolty, Laurent Benoit, Pierre Carreau, Axelle Capelli, Hadrien Brunner, Antoine Heckley, Jean Valette, Max Vandernoot. Alexandre Piter, Angelo Magras, Jeanne Lemenn, Juliette Rémi, Guirec Pouliquen, Hugo Allard, Alexandre Peter.
The photographic inlays include photos of Mr Yannis Delvas : https://www.stbarthflycam.com

5.4 DATABASES

The user irrevocably acknowledges that the website, and the Services consist of one or more databases made available by the company as the producer of said databases within the meaning of provisions of Articles L.341-1 et seq. of the French Intellectual Property Code. Therefore, in accordance with the provisions of Article L. 342-1 of the same Code, the User is prohibited from carrying out:
• the extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the website and / or the services on another medium, by any means and in any form whatsoever, including for the purposes of use or consultation by a medium and / or process (s) not authorized by the company
• reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the website and / or the services, whatever the form, including by a hypertext link, a medium and / or a process (s) not authorized by the company;
• setting up, editing, maintaining, updating, importing, exporting, making available to third parties, free of charge or against payment, and participation in the aforementioned acts, of a competing database from all or part of one or more of the company's databases;
• viewing on a screen by a process or media other than those by which the company intends to disclose the website and the services;
• in general, any extraction, use, storage, reproduction, representation or conservation, direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial of the content of one or more databases of the company, committed by one of the processes referred to above is strictly prohibited, including by media not authorized by the company.

5.5 CONTENT OF THE SERVICES

The user acknowledges and accepts that access to the website and to the Services made available to him by the company cannot entail any assignment or grant of intellectual property rights (rights of authors in particular) and other rights for the benefit of the user.
Access to the services is exclusively limited to the user's private and personal use under the conditions and limits defined in these legal notices and in accordance with the provisions of Article L.122-5 2 ° of the French Intellectual Property Code. .
Thus, the user acknowledges and accepts that the private and personal use granted to him by the company, for access to its services, excludes in particular access to the Services with a view to collective use of its content, reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation, correction, both free of charge and for a consideration, of all or part of the website, the services, and their content.

5.6 HYPERTEXT LINKS

The hypertext links accessible on the website, allowing access to the services, to other websites and / or applications and in general to all existing resources on the Internet do not engage the liability of the company.
The user may in no case set up hypertext links to deep pages of the internet sites, allowing access to the services and this, by any technical process intended to override the field of identification of the user or to extract all or part of the content of the services made available by the company. The "framing" technique is prohibited without the express prior authorization of the company.

ARTICLE 6 : MISCELLANEOUS

6.1 CORRESPONDENCE - PROOF

Unless otherwise provided in these legal notices, correspondence between the company and the user is provided by email or by written messages via WhatsApp application on the user phone number. The user acknowledges and accepts that the information provided by the company by email and on the Website and / or by written messages via WhatsApp application on the user phone number are deemed authentic between him and the company. Elements such as the time of reception or transmission, as well as the quality of the data received shall prevail by priority as appearing on the website, or as authenticated by computerized procedures of the company, unless the user provides written proof to the contrary. The significance of proof of the information provided by the website is the one granted to an original in the sense of a written document on paper, signed in a handwritten manner.

6.2 INTEGRALITY OF THE LEGAL NOTICES

These legal notices express all the obligations of the company and the user. The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to herein, cannot be interpreted for the future as a waiver of the obligation in question.

6.3 APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These legal notices are subject to French law. In the event of a dispute relating to the application, interpretation, validity and execution of these legal notices, and in the absence of an amicable agreement between the parties, express jurisdiction is given to the French courts.

ARTICLE 7 : PROTECTION OF PERSONAL DATA

In accordance with the Regulation relating to the protection of personal data, the User is informed that the company, in its capacity as data controller, implements the processing of personal data as part of the use of the Website.
MYVILLAINSTBARTH attaches great importance to the protection and respect of the privacy and personal data of users of its website.
MYVILLAINSTBARTH agrees to implement appropriate measures for the protection, confidentiality and security of personal data in accordance with the regulations in force in France and in the European Union, in particular the General Data Protection Regulation EU 2016/679 of 27 April 2016 and the rules of national law adopted for its application.
Users are informed of the practices and processing necessitated by the collection and use of personal data by MYVILLAINSTBARTH as data controller.
Accordingly, MYVILLAINSTBARTH invites users to read this document carefully to know and understand the processing operations relating to personal data.

7.1 PERSONAL DATA COLLECTED

Users are required to provide their personal data in digital format when using the Site.

7.1.1 Principles applicable to the collection of personal data

In general, users can browse the site without necessarily having to necessarily communicate personal data to MYVILLAINSTBARTH.

MYVILLAINSTBARTH collects only the personal data necessary for the processing it implements and ensures such personal data a high level of protection. In this respect, the processing operations that require the collection of data are as follows:

Responding to inquiries (contact forms for requests for visits, estimates, information and/or additional photos of a property);
Acting upon a mandate given by the users;
Participating in surveys for improving the customer relationship and customer experience of MYVILLAINSTBARTH clientele;
Sending newsletters, informational or commercial email alerts;

In this case, the personal information at least collected from users are: (i) Last Name(s), (ii) First Name(s), (iii) E-mail Address, (iv) Telephone Number, (v) Mailing Address, (vi) Country.
This personal data is then kept for the time necessary to complete the users' request. In the absence actual implementation, it is deleted within the timeframes recommended by the CNIL after three years from its collection by the Site, subject to the legal options and obligations with regard to archiving, obligations to retain certain data and/or anonymization.

7.1.2 Site browsing information

When using the site or certain services linked to the Site, certain data is automatically collected, such as: (i) IP address, (ii) the browser used, (iii) browsing data (date, time, content accessed, search terms used, etc.) and (iv) operating system.
Among the technologies used to collect this information, MYVILLAINSTBARTH may use 'php' sessions that store each user's data using a unique session ID. These php sessions retain the data in memory only for the duration of the user’s browsing.
The data collected during browsing is thereby deleted when the user's browser closes or, if applicable, within a maximum period of thirteen months from its collection.

7.2 LEGAL BASIS FOR THE COLLECTION AND PROCESSING OF PERSONAL DATA

Personal data is processed by MYVILLAINSTBARTH in the cases authorized by the regulations in force and under the following conditions:

Obtaining a free, specific, informed and unambiguous consent from users to the processing of their personal data;
Collection of personal data necessary for carrying out the users' request;
Compliance with the legal and/or regulatory obligations to which MYVILLAINSTBARTH is subject (such as anti-fraud and corruption);
Protection of MYVILLAINSTBARTH legitimate interests (such as the protection of the security of its computer network).

7.3 RECIPIENTS OF THE PERSONAL DATA COLLECTED

Only the authorized personnel of the MYVILLAINSTBARTH group and service providers employed by MYVILLAINSTBARTH may have access to the personal data collected and process it, without prejudice to its possible transmission to the bodies in charge of a control or inspection mission in accordance with the legislation and/or regulations in force or for the purpose of responding to a judicial or administrative order. Authorized personnel are bound to a duty of discretion.
MYVILLAINSTBARTH agrees not to sell the personal data collected to third parties.

7.4 TRANSFER OF PERSONAL DATA

Personal data collected from users of the site will be stored exclusively in France and will not be transferred outside the European Union.

7.5 DATA SECURITY

MYVILLAINSTBARTH collects and processes users' personal data with the utmost confidentiality and in compliance with applicable laws. Users are protected against unauthorized access, modification, disclosure or destruction of their personal data.
When the disclosure of personal data to third parties is necessary and authorized, MYVILLAINSTBARTH ensures that such third parties provide the same level of protection to the personal data concerned as is offered by MYVILLAINSTBARTH, and requires contractual safeguards to ensure that the personal data is processed exclusively for the purposes accepted by users, with the required confidentiality and security.
MYVILLAINSTBARTH implements technical and organizational measures to ensure that the retention of personal data is secure, and this, for the duration necessary to carry out the specific purposes pursued.
Users should note that no transmission or storage technology is totally foolproof.
Therefore, in the event of a proven breach of personal data that is likely to create a high risk for the rights and freedoms of users, MYVILLAINSTBARTH will inform the competent supervisory authority of this violation in accordance with the terms and conditions provided by applicable regulations.
It is the users’ responsibility to exercise caution to prevent any unauthorized access to their personal data and particularly to their computer and digital terminals (computer, smartphone, tablet in particular).

7.6 RIGHTS OF USERS

Users are reminded that they have the following rights, subject to the limitations provided for by the legislation in force:

7.6.1 Right to information on the processing of Personal Data

MYVILLAINSTBARTH agrees to use its best efforts to provide concise, transparent and accessible information on the conditions for processing users' personal data.

7.6.2 Right of access to Personal Data

Each user may access the personal data that is processed by MYVILLAINSTBARTH and has the right to receive a copy in electronic form (for any additional copy, MYVILLAINSTBARTH will be entitled to charge a fee based on the administrative costs incurred).

7.6.3 Right to erasure ('right to be forgotten') and to the rectification of Personal Data

Each user has the right to request the deletion and/or rectification of the personal data concerning him/her when this is erroneous or obsolete.
It is specified that MYVILLAINSTBARTH may retain certain personal data when required by law or for a legitimate reason.

7.6.4 Right to object

Users may object at any time for legitimate reasons to:

the use of their personal data for direct marketing purposes; or
the re-use of their personal data for processing other than that agreed to, except if MYVILLAINSTBARTH is performing one of its legal obligations.

7.6.5 Right to restriction of processing of personal data

Users have the right to request that the processing of their personal data be restricted to what is necessary.
This right is applicable only:

if the user disputes the accuracy of his or her personal data;
if the user can establish that the processing of his or her personal data is unlawful and requests that its use be restricted rather than deleted;
if MYVILLAINSTBARTH no longer needs the user's personal data but this is still necessary for the user to establish, exercise or defend legal claims;
if the user objects to the processing based on the controller’s legitimate interest, pending the verification whether the legitimate grounds of the controller override those of the user.

7.6.6 Right of complaint to a supervisory authority

If users consider that the efforts made by MYVILLAINSTBARTH to preserve the confidentiality of Personal Data do not guarantee the respect of their rights, they may file a complaint with the competent supervisory authority (CNIL or any other authority mentioned on the list available from the European Commission).

7.6.7 Right to the portability of Personal Data

Users have a right to the portability of their data, authorizing them to obtain from MYVILLAINSTBARTH their personal data in a structured, commonly used and machine-readable format and to request that this personal data be transmitted to another controller.

7.6.8 Right to decide the fate of Personal Data after death

Users also have the right to determine how their personal data should be handled after their death by adopting general or specific directives that MYVILLAINSTBARTH agrees to respect.
In the absence of such directives, MYVILLAINSTBARTH recognizes that successors may exercise certain rights, in particular the right of access, if it is necessary for the settlement of the estate of the deceased, and the right to object.

7.6.9 Conditions for exercising rights

To exercise their rights, users are kindly invited to contact MYVILLAINSTBARTH personal data protection officer.
It is specified that to assist them in the exercise of their rights, the CNIL makes available letter templates on its website (www.cnil.fr).
Before processing the request(s) of users, MYVILLAINSTBARTH may verify their identity by requesting proof of identity.
The personal data protection officer will respond to their request(s) as soon as possible and in any event one (1) month from the proof of identity.
If necessary, this period may be extended by an additional two (2) months, given the complexity and number of requests, in which case MYVILLAINSTBARTH agrees to inform users of the extension and the reasons for the postponement.

ARTICLE 8 : NEWSLETTER AND ALERTS

In order to keep the user informed of news about MYVILLAINSTBARTH and the advantages from which it could benefit, it can receive commercial information from MYVILLAINSTBARTH by electronic communication (email, sms, etc.). If the User does not wish to receive offers and information from MYVILLAINSTBARTH, he can object to the sending by specifying it, at any time, in his account under "Subscriptions" and by clicking on the unsubscribe hypertext link found at the bottom of each electronic communication received.
The user can personalize the sending of newsletters and manage the subscriptions to the alerts he wishes to receive when creating his account or by going to his account in the "Subscriptions" section. The user then has the possibility to select among the different categories of newsletters and alerts those that interest him/her. The user can stop the sending of newsletters and alerts at any time by going to his account.
If no selection is made and if the user has not objected when creating his/her account, the user may receive information on MYVILLAINSTBARTH's news and newsletters and alerts about products and services similar to those that the user has already consulted on the Web site.