Legal information
Definitions
Customer: 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 which is the subject of these general conditions.
Services : New Esthetic offers to its Clients :
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 that may be held by New Esthetic for the management of your account, the management of customer relations and for analysis and statistical purposes.
User: Internet user connecting, using the above-mentioned site.
Personal information: “Information that allows, in any form whatsoever, directly or not, the identification of individuals to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978).
The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1. Presentation of the website
In accordance with article 6 of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, it is specified to the users of the New Esthetic website the identity of the various participants in its realization and its follow-up:
Owner : SARL New Esthetic
Share capital : 18.000€.
VAT number: BE0534.699.335 – 12A, Rue Cheranne 1495 Villers-la-ville
Person in charge of publication : Brice Graillot – info@new-esthetic.com
The person responsible for publication is a natural person or a legal entity.
Webmaster : Brice Graillot – info@new-esthetic.com
Host : Host papa – Avenue de l’Arche Faubourg 10-12 92400 COURBEVOIE (905) 315-3455
Data Protection Officer : Brice Graillot – info@new-esthetic.com
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 Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the Site.
The use of the New Esthetic website implies full acceptance of the general conditions of use described below. These terms of use may be modified or completed at any time, so users of the New Esthetic website are invited to consult them regularly.
This website is normally accessible to users at all times. However, New Esthetic may decide to interrupt the website for technical maintenance. New Esthetic will make every effort to inform users of the dates and times of the intervention beforehand. The New Esthetic website is regularly updated by New Est hetic responsible. 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 take note of them.
3. Description of the services provided
The purpose of the New Esthetic website is to provide information about the company’s activities. New Esthetic strives to provide information on the New Esthetic website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are of its own making or of the making of third-party partners who provide it with this information.
All the information on the New Esthetic website is given as an indication, and is likely to change. Furthermore, the information on the New Esthetic website is not exhaustive. They are given subject to changes that have 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 any material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent hardware, free of viruses and with a last generation browser updated The site New Esthetic is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: 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. Nevertheless, the Service Provider reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructure, in the event of a failure of its infrastructure or if the Services generate traffic deemed abnormal.
New Esthetic and the host cannot be held responsible in case of malfunctioning of the Internet network, telephone lines or computer and telephone equipment due to network congestion preventing access to the server.
5. Intellectual property and counterfeiting
New Esthetic is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, notably the 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 the process used, is prohibited, except prior written authorization of : New Esthetic.
Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability
New Esthetic acts as the publisher of the site. New Esthetic is responsible for the quality and accuracy of the Content it publishes.
New Esthetic cannot be held responsible for any direct or indirect damage caused to the user’s equipment when accessing the New Esthetic website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.
New Esthetic cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the New Esthetic website. Interactive spaces (possibility to ask questions in the contact area) are available to users. New Esthetic reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, New Esthetic also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph…).
7. Personal data management
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 Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For the Personal Data collected during the creation of the User’s personal account and during his navigation on the Site, the person in charge of the processing of the Personal Data is: New Esthetic. New Esthetic is represented by Brice Graillot, its legal representative.
As the person responsible for the processing of the data it collects, New Esthetic undertakes to respect the legal provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers with complete information on the processing of their personal data, once their consent has been collected, and to maintain a register of the processing in accordance with the reality. Whenever New Esthetic processes Personal Data, New Esthetic takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which New Esthetic processes it.
7.2 Purpose of the data collected
New Esthetic is likely to process all or part of the data:
- to allow navigation on the Site and the management and traceability of services ordered by the user: connection and use data of the Site, invoicing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, password (hashed).
- to improve navigation on the Site: connection and usage data.
- to conduct optional satisfaction surveys on New Esthetic: email address.
- to conduct communication campaigns (sms, email): phone number, email address.
New Esthetic does not sell your personal data, which is only used for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with the European regulation in force, the Users of New Esthetic have the following rights:
- right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of Users’ data right of blocking or deletion of Users’ personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited.
- right to withdraw consent at any time (Article 13-2c GDPR).
- right to limit the processing of Users’ data (Article 18 GDPR).
- right to object to the processing of Users’ data (Article 21 GDPR).
- right to portability of data provided by Users, when such data are subject to automated processing based on their consent or on a contract (Article 20 RGPD).
- right to define the fate of the Users’ data after their death and to choose to whom New Esthetic shall communicate (or not) their data to a third party they have previously designated.
As soon as New Esthetic becomes aware of a User’s death and in the absence of instructions from the User, New Esthetic undertakes to destroy the User’s data, except if their conservation is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how New Esthetic uses his Personal Data, to ask to rectify them or to oppose their processing, the User can contact New Esthetic in writing at the following address
New Esthetic – DPO, Brice Graillot
12A, Rue Cheranne 1495 Villers-la-ville.
In this case, the User must indicate the Personal Data that he/she would like New Esthetic to correct, update or delete, by identifying himself/herself with a copy of an identity document (ID card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on New Esthetic by law, in particular as regards the retention or archiving of documents. Finally, Users of https://www.new-esthetic.com may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
New Esthetic will not process, host or transfer the Information collected about its Customers to a country outside the European Union or recognized as “non-adequate” by the European Commission without prior notice to the Customer. However, New Esthetic remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).
New Esthetic 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 affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of New Esthetic, the latter shall inform the Customer as soon as possible and communicate the corrective measures taken. Moreover, New Esthetic does not collect any “sensitive data”.
The User’s Personal Data may be processed by New Esthetic ‘s subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of New Esthetic ‘s Users are mainly the agents of our customer service.
8. Incident Notification
No matter how hard you try, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot 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 reporting procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the New Esthetic website is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium to third parties. Only the hypothesis of the repurchase of New Esthetic and its rights would allow the transmission of the aforementioned information to the eventual purchaser who would be in turn held to the same obligation of conservation and modification of the data with respect to the user of the New Esthetic site.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Information, New Esthetic uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, New Esthetic takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links, cookies and internet tags
The New Esthetic site contains a number of hyperlinks to other sites, set up with the authorization of New Esthetic. However, New Esthetic does not have the possibility to check the content of the visited sites, and will not assume any responsibility for this.
Unless you choose to disable cookies, you agree that the site may 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 access 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 within 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 will not damage the User’s terminal in any way.
New Esthetic is likely to process the User’s information concerning his visit to the Site, such as the pages consulted and the searches made. This information allows New Esthetic 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 to allow him to decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his or her browser software so that acceptance or refusal of Cookies is proposed from time to time, before a Cookie is likely to be recorded in his or her terminal. New Esthetic informs the User that, in this case, not all the functionalities of his browser software may be available.
If the User refuses to accept the storage of Cookies in his/her terminal or browser, or if the User deletes those stored there, the User is informed that his/her navigation and experience on the Site may be limited. This could also be the case when New Esthetic or one of its 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 seems to be connected to the Internet.
If necessary, New Esthetic declines all responsibility for the consequences of the degraded functioning of the Site and of the services eventually proposed by New Esthetic, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for New Esthetic to save or consult the Cookies necessary for their functioning because of the User’s choice. For the management of Cookies and User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will show how the User can change his or her wishes regarding Cookies.
At any time, the User may choose to express and modify his or her wishes regarding Cookies. New Esthetic may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus on the New Esthetic or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the Website or mobile application of New EstheticTwitter, Facebook, Linkedin and Google Plus can also deposit cookies on your terminals (computer, tablet, cell phone).
These types of cookies are deposited on your terminals only if you consent to them, by continuing your navigation on the New Esthetic website or mobile application. At any time, the User may nevertheless revoke his consent to the deposit of such cookies by New Esthetic.
9.2. INTERNET TAGS
New Esthetic may occasionally employ web beacons (also known as “tags,” or action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information about them, including the User’s IP address) in a foreign country.
These tags are placed both in the online advertisements that allow users to access the Site, and on the various pages of the Site.
This technology allows New Esthetic 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 the Site by the User.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for New Esthetic, and provide other services related to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute related to the use of the New Esthetic website is subject to Belgian law. Except in cases where the law does not allow it, the competent courts of Wavre have exclusive jurisdiction.