LEGAL INFORMATION - GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE & PERSONAL DATA PROCESSING AND COOKIE MANAGEMENT POLICY
LEGAL NOTICE & GENERAL CONDITIONS OF USE
1 - Identification
This website, accessible from the URL address pro.hairsummum.com (hereinafter referred to as the "Site" or the "Website"), is published by GUINOT SAS, a simplified joint stock company with a capital of 10,200,000 euros (€), whose registered office is located at 120, avenue Charles de Gaulle, 92200 NEUILLY-SUR-SEINE, registered in the NANTERRE Trade and Companies Register under number 632 041 877 (hereinafter referred to as "GUINOT").
The publication director of this Site is Jean-Daniel Mondin, Chairman of GUINOT.
The Site was designed and produced by GUINOT. The Site is the exclusive property of GUINOT.
The Site is hosted by the company: CLEVER CLOUD (CLOVER CLOUD SAS) , company whose registered office is located at 4, rue Voltaire - 44000 Nantes - France , registered in the Nantes Métropole Trade and Companies Register under number 524 172 699.
2 - General information - Presentation and content of the site
The user confirms that he/she has read, understood and accepted all of the legal notices, the general terms and conditions of use (hereinafter the "General Terms and Conditions of Use" or "GTCU") and the personal data processing and cookie management policy before using the site, and undertakes to comply with them. In the case of users who are minors, their parents or guardians are deemed to have accepted these Terms and Conditions of Use on their behalf.
Access to the Site, its use and its content are subject to these Terms and Conditions of Use. Any access to and continued browsing of the Site implies express and unreserved acceptance of all of these GCU by the person visiting and/or using the Site (hereinafter the "User").
The version of these General Conditions of Use currently on line is the only version that can be invoked during the entire period of use of the Site and until a new version replaces it. The General Conditions of Use may be modified at any time and without prior notice by GUINOT. The General Conditions of Use are deemed accepted without reservation when you connect to the Site.
The data, information, content and functionalities appearing on the Site are provided for information purposes only and may be revised at any time without prior notice. GUINOT is entitled, without prior notice to the User, to make any changes it deems necessary.
GUINOT in no way guarantees that the content, data and information accessible on the Site are exact, precise, exhaustive or up to date. GUINOT also reserves the right, without prior notice to the User, to modify or improve, suspend or delete existing functionalities or add new functionalities.
Access to and use of the Site are reserved for strictly personal use. The User undertakes not to use the Site and the information or data contained therein for commercial, political or advertising purposes or for any form of commercial solicitation.
Users are not authorised to create a hypertext link to the Site and/or any page of the Site and/or any file contained therein without the prior written consent of GUINOT. In this case, GUINOT may not under any circumstances be held responsible for the content of third party websites presenting such a hypertext link. GUINOT reserves the right to request the deletion of any link it deems to be inconsistent with the purpose of its site.
3 - Intellectual property
GUINOT is the sole owner of all intellectual property rights relating to the Site (such as in particular all its content, models and functionalities, its general structure, software, texts, animated or still images, sounds, video sequences, know-how, creations, drawings, illustrations, logos, graphic elements, trademarks and other distinctive signs, presentations, articles, files available for downloading, etc. and, more generally, all elements reproduced or used on the Site) and to any document or element generated by the use of the Site or has, where applicable, validly acquired the rights for such use.
The User has an individual and private, non-exclusive and non-transferable right of use. The representation, reproduction or use in any way whatsoever of all or part of the Site and/or its elements or content, by any process and in any form whatsoever, as well as any use of the Site for purposes other than its strictly individual and private consultation, without the express prior authorisation of GUINOT, is prohibited and constitutes an infringement punishable by the Intellectual Property Code and/or an offence liable to incur the civil and criminal liability of its author. The General Conditions of Use do not imply any transfer or licence of any intellectual property right to the benefit of the User other than the right to use the Site in accordance with all the provisions of the General Conditions of Use.
The fact that GUINOT does not initiate proceedings as soon as it becomes aware of unauthorised use does not imply acceptance of said use and waiver of proceedings.
4 - Hypertext links
It is possible to create a link to the presentation page of this Site without the express authorisation of GUINOT, provided that this Site is displayed in a new browser window and that :
• Mention the source by means of a hypertext link pointing directly to the target content.
• Only use the information for personal, associative or professional purposes. Any use for commercial or advertising purposes is excluded, except with the prior written consent of GUINOT.
• The Internet site linking to the content of this Site must not disseminate information of a controversial, pornographic or xenophobic nature or which may, to a greater extent, undermine the integrity of GUINOT.
GUINOT reserves the right to request the removal of any link that it deems to be inconsistent with the purpose of its Site. GUINOT may not be held responsible for the layout or content appearing on or obtained through these sites.
5 - Site access
To access the Site, the User must have Internet access. GUINOT undertakes to use all reasonable means to ensure that the Site is accessible to Users at all times, with the exception of maintenance periods or for any other reason beyond GUINOT's control. GUINOT does not guarantee uninterrupted access to the Site. Access to the Site may be slowed or temporarily interrupted. GUINOT may at any time suspend, interrupt or limit access to all or part of the Site, restrict access to the Site, or to certain parts of the Site, to a specific category of Internet user, for technical reasons, due to failure or disruption of telecommunications systems beyond GUINOT's control or due to necessities related to the service and in particular in order to ensure the maintenance of GUINOT's servers, the maintenance and updating of the Site, etc., or when GUINOT observes a fault on the Site. or when GUINOT becomes aware of a security breach that could seriously compromise the security of GUINOT's data and/or server. GUINOT may not be held liable in this respect.
GUINOT may not be held liable in the event of any failure, breakdown, difficulty, slowdown or interruption in operation, preventing access to the Site or any of its functionalities and does not guarantee uninterrupted access to the Site.
6 - Personal data
The data and information that the User transmits to GUINOT, notably by browsing the Site or in any form, includes personal data, the collection and processing of which by GUINOT is presented in the personal data processing policy accessible on the Site (hereinafter the "Policy"). By accessing and continuing to browse the Site, the User declares that he/she has read the Policy.
This can be consulted in the Personal Data Processing and Cookie Management Policy section.
In accordance with the General Data Protection Regulation, the User has the right to access, limit, delete, modify and rectify information concerning him/her, subject to compliance with the legal obligations imposed on GUINOT in the context of its activity; he/she also has the right to object to the processing of his/her personal data. To exercise these rights, Users should send their request to the following address: dpo@guinot.com or to the address of the registered office indicated above.
7 - Cookies
When Users visit the Site, a "Cookie management" banner warns them of the presence of cookies and invites them to accept or reject them, cookie by cookie. A cookie is a small text file placed on the User's terminal (in particular a computer, smartphone or tablet) when visiting a website. It enables the browser to be identified during your visit and to retain some of your information. To find out more about the use of cookies, please consult our Policy.
8 - Third-party websites
The Site may contain links, promotional or otherwise, to third party websites and links to social networks which are not owned or controlled by GUINOT. These links are provided solely for the convenience of the user of this Site. They are activated under the sole responsibility of the User. GUINOT may not be held responsible for any material, immaterial or moral prejudice, direct or indirect, for any reason whatsoever that may result from the activation of hypertext links available on the Site.
The existence of a link to or from the Site does not constitute an endorsement of the third party site or its content by GUINOT. GUINOT assumes no responsibility for the content, the offer or any other element available, the privacy policy or the practices of third party websites and cannot be held responsible for any problems encountered on any other sites to which links are established, or for any other information published on these sites, as well as for the consequences of their use. By using the Site, the User accepts that GUINOT may not be held liable due to its use of third party websites and third party social networks. By clicking on a link to a third party site, the User understands that he/she is leaving the Site governed by these General Conditions of Use and accepts that GUINOT does not control these third party internet sites. In particular, GUINOT cannot guarantee that a third party site adheres to the same security and confidentiality practices as those of GUINOT. GUINOT cannot therefore be held responsible for the use that may be made of Users' personal data by these sites. GUINOT recommends checking the privacy charters of all service providers that Users use.
In addition, the Site may promote certain third party products and/or services by inserting advertising banners or any other advertising or promotional element and may also carry out cross-marketing operations with any partner of its choice. GUINOT is not responsible for third party products or services promoted in this way. The installation of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by GUINOT of these sites and elements or their content.
9 - Limitation of liability - Obligations of the User
GUINOT may not under any circumstances be held liable to anyone for any direct or indirect damage caused to the User, to third parties and/or to the User's equipment, including without limitation, viruses, computer faults or malfunctions, fraudulent intrusion by a third party, loss of customers or profits, revenues, opportunities, data, any errors, omissions, losses or delays, whether the damage is caused on the occasion of, in connection with or following the use of the Site or any content or other element accessible or downloaded from the Site. GUINOT does not warrant, in any manner whatsoever, that the Site is free from malicious computer code, including but not limited to computer viruses. GUINOT cannot be held responsible for any damage or deletion of data caused by malicious computer code.
The User is solely responsible for the use he makes of the Site, all its functions and all the data and information he communicates or transmits on the Site and for any other action he takes on the Site and, in particular, when filling in any online form.
The User guarantees GUINOT that its activity on and via the Site will not be contrary to any law or regulation in force, GUINOT cannot be held responsible for any activity of the User on or via the Site and/or for any direct or indirect damage resulting from the use by the User of the Site and all of its data.
The user guarantees GUINOT against any claim or action by a third party in this respect.
Users acknowledge and accept that GUINOT has no obligation to monitor or control the data and information transmitted by them on the Site.
Users undertake not to directly or indirectly disparage the Site and/or GUINOT's services or GUINOT on social networks or any other means of communication. It is the responsibility of each User to take all measures to ensure the protection of data and software stored on their computer, in particular against contamination by viruses or spyware that could be introduced by third parties via the Internet.
The User acknowledges that data circulating on the Internet is not protected in particular against possible misappropriation. The communication of any information deemed by the User to be of a sensitive or confidential nature is at the User's own risk.
The User declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges that GUINOT assumes no responsibility for the services accessible via the Internet and exercises no control whatsoever over the nature and characteristics of the data that may transit via its server centre.
The User undertakes to use the Site's services and all the information to which he/she may have access only for purposes that comply with public policy, accepted standards of behaviour and the rights of third parties. In particular, the User acknowledges that data circulating on the Internet may be regulated in terms of use or protected by property rights.
The User is solely responsible for the use of the data he/she consults, queries and transfers on the Internet.
The User undertakes not to commit any act that may jeopardise the computer security of the Site or the computer systems of other users.
The User undertakes not to interfere with or interrupt the normal operation of the Site. Any content downloaded is done so at the User's own risk and under his/her sole responsibility. Consequently, GUINOT cannot be held responsible for any damage to the User's computer or any loss of data resulting from downloading. Access to the Site may require the use of personal access codes. These authentication methods are personal and confidential. You must ensure their secrecy and you may of course modify them at any time. GUINOT reserves the right to take legal action against any offending User in order to obtain compensation for the damage caused to them.
Any warranty of quality or fitness for a specific purpose is expressly excluded.
The User is fully aware of the provisions of this article and, in particular, of the aforementioned limitations of liability, which are essential conditions of these general conditions of use.
10 - Applicable law - Disputes
The General Terms and Conditions of Use are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute. Any claim or dispute arising from the validity, interpretation or performance of the General Terms and Conditions of Use shall be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal, under the conditions of ordinary law.
11 - Litigation
These terms and conditions are governed by French law.
Any disputes arising from the interpretation or performance of these terms and conditions that cannot be resolved amicably will be referred to the competent courts. The reference language for the settlement of any disputes shall be French.
12 - Consumer mediation
Consumers are informed of the possibility of having recourse to consumer mediation for any disputes that may arise concerning the sale of our products.
In your capacity as a consumer, and in accordance with Article L612-1 et seq. of the French Consumer Code, you have the right to appeal to CMAP at the following email address: consommation@cmap.fr or by post: CMAP, Service Médiation de la consommation, 39 avenue Franklin Delano Roosevelt - 75008 Paris.
Any consumer referring a matter to CMAP must first be able to prove that they have tried to resolve their dispute directly with our company GUINOT.
Consumer complaints
In your capacity as a consumer and in accordance with Regulation 2023/988 on general product safety, you may contact GUINOT directly either by
GUINOT SAS
Consumer complaints CS 80069
120 avenue Charles de Gaulle 92522 Neuilly sur Seine cedex
E-mail address: contact@guinot.com Subject of your e-mail: Consumer complaint
Tel : 33 (0)1 58 58 41 00
13 - Changes
This information may be modified at any time by GUINOT, in particular in order to comply with any changes in French and European legislation and regulations.
GUINOT undertakes to process your personal data in accordance with the General Data Protection Regulation ("RGPD") and the French Data Protection Act.
This processing of personal data is governed by, but not limited to, the following standards:
• The European Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council or "GDPR") applicable since 25 May 2018;
• and Law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties (known as the "Data Processing and Individual Liberties Law") as amended by the Health Law of January 2016, the Law for a Digital Republic of October 2016 and LAW no. 2018-493 of 20 June 2018 on the protection of personal data set out the principle of protecting human identity, human rights, privacy and individual or public liberties.
This policy ("Policy") informs any natural person concerned (customer, prospect, visitor to the Site) of the way in which GUINOT processes personal data as well as the rights that this person has and how to exercise them.
1 - What is personal data?
Personal data ("Data" or "Personal Data") means any information relating to an identified or identifiable natural person, directly or indirectly, by reference to an identification number or to one or more factors specific to that person. Example: surname, first name, telephone number, email address.
2 - Who are the people concerned?
The categories of persons concerned by the processing are Users of the Site.
3 - Who collects your Data?
The data controller is GUINOT, represented by its legal representative.
This personal data processing policy details the policy of GUINOT, a simplified joint stock company (SAS) with capital of 10,200,000 euros (€), whose registered office is located at 120, avenue Charles de Gaulle, 92200 Neuilly sur Seine, registered in the Nanterre Trade and Companies Register under number 632 041 877, with regard to personal data.
This Policy applies to all Personal Data and information that you transmit to GUINOT, in particular by browsing the Site.
You can exercise your rights by writing to us at : GUINOT SAS - DPO - 120, Avenue Charles De Gaulle - 92200 Neuilly sur Seine or by email at: dpo@guinot.com.
4 - What data is collected?
When you browse our Site, when you log in to your account, make requests, and/or when you log out, we collect the following categories of Personal Data:
• Your browsing data: we receive and record information from your computer and browser, including your IP address, your software and hardware, and the page you request. To find out more, please consult our cookies policy set out in paragraph 13 of this Policy.
This data is processed automatically and recorded in the Guinot SAS information system and database.
5 - Is it compulsory to provide Personal Data?
As far as cookies are concerned, you have the option of accepting or refusing them, with the exception of certain cookies that are strictly necessary for the operation of the website. In this respect, we invite you to consult our cookies policy set out in paragraph 13 of this Policy.
6 - Why do we collect your Data?
We collect your Data in order to better manage our services and your requests.
• Improving our website;
• Improving customer service;
• Managing your rights requests;
• Customise and meet your individual needs;
7 - Confidentiality
Your Personal Data will not be sold, exchanged, transferred, or given to another company for any reason, without your consent, other than what is necessary to respond to a request and/or transaction.
8 - Who receives the Data?
We do not sell, trade or otherwise transfer your Personal Information to third parties. This does not include trusted third parties or contractors/partners who assist us in operating our website or conducting our business, so long as those parties agree to keep this information confidential.
As part of the management of our Site, your data may also be transferred to our cookie service providers, as presented in our cookie policy set out in paragraph 13 of this Policy.
In certain situations, we are under a legal, regulatory and/or judicial obligation to share information as part of an investigation, preventive measures and/or decisions concerning illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, breaches of our terms of use, or when we are required to do so by law.
9 - What guarantees are there in the event of a transfer outside the European Union?
We guarantee, in the event of transfer of your Data abroad and particularly outside the European Union, to implement all appropriate measures to guarantee a sufficient level of protection of your data, such as:
• Choose countries recognised as suitable by the European Commission, i.e. offering protection equivalent to that guaranteed by the European Union;
• Request the necessary authorisations from the supervisory authority (e.g. the Commission Nationale de l'Informatique et des Libertés - CNIL in France) before any data is collected, if this is required in some countries;
• Obtain guarantees of security and confidentiality from subcontractors by imposing strict contractual clauses and reserving the right to monitor them regularly, for example by carrying out audits.
10 - How long is your Data kept?
Your Personal Data is stored by the site host and is kept for a period not exceeding twenty-four (24) months following the last update made by the subscriber (CNIL recommendation No. 02-017 of 21 March 2002), unless anonymisation is required or there is a legal obligation to keep certain data for a longer period.
Your Data is kept for a limited period corresponding to the purposes for which it was collected, with regard to the regulations in force and in compliance with legal, contractual, fiscal and social obligations and for the defence of the legitimate interests of Guinot SAS, namely five (5) years from the end of the contractual relationship, this period corresponding to the duration of the applicable legal statute of limitations, in the event of litigation.
You acknowledge that the data you provide to us and which is stored in our information systems is accurate and constitutes proof of your identity.
11 - What are your rights regarding your Data?
In accordance with Articles 14 to 22 of the RGPD and the French Data Protection Act (Loi Informatique et Libertés) and subject to compliance with the legal obligations imposed on us in the context of our activity , you may exercise the following rights:
• Right of access: you may request a copy of your personal data;
• Right of rectification: you may request the modification of any data concerning you that is inaccurate;
• Right to object: you may object to us processing your data; if your request to object does not relate to canvassing, we may, depending on the case, justify a refusal on the grounds that there are compelling legitimate grounds for processing the Data or that the Data is necessary for the establishment, exercise or defence of legal claims, or that you have consented - you must then withdraw this consent and not object, or that a contract binds us, or that a legal obligation requires us to process your data, in particular;
• Right to erasure: you can ask us to erase your data;
• Right to object to profiling ;
• Right to limit processing: you have the right to request that the processing of your Data be blocked for a certain period of time, for example while we examine a dispute on your part regarding the use of your Data or a request to exercise your rights.
Furthermore, when a person gives their consent to the processing of their Personal Data, they may withdraw it at any time.
Finally, when a breach of Personal Data likely to give rise to a high risk to your rights and freedoms is detected, you will be informed of this breach as soon as possible.
You may formulate directives relating to the conservation, deletion and communication of your Personal Data after your death, in accordance with article 40-1 of law 78-17 of 6 January 1978.
These rights and these directives can be exercised by writing to us at : Guinot SAS - DPO - 120 Avenue Charles De Gaulle - 92200 Neuilly Sur Seine or by email to: dpo@guinot.com
In order to enable us to identify you quickly and respond to your request, you should attach to your request any evidence of your identity (in particular a request made via your customer account or email). A reply will be sent to you within 1 month of receipt of the request. In certain cases, due to the complexity of the request or the number of requests, this period may be extended by 2 months.
You may also contact the Commission Nationale de l'Informatique et des Libertés (CNIL), the regulatory authority responsible for ensuring compliance with regulations on the protection of personal data in France, by internet https://www.cnil.fr/fr/agir or by post at the following address Commission Nationale de l'Informatique et des Libertés, 3 Place de Fontenoy - TSA 80715, 75334 PARIS CEDEX, France.
12 - What safety measures have been implemented?
GUINOT undertakes to take the necessary measures to guarantee the security of your Personal Data. These measures include the following:
• Identifying cyber risks
• Access and authorisation control
• Data encryption
• A secure IT environment
Insofar as GUINOT does not control all the risks associated with the operation of the Internet, it draws your attention to the existence of possible risks inherent in its use and operation.
GUINOT will notify, within the legal deadlines, all personal data breaches to the competent supervisory authority for the protection of personal data and will notify you if these are likely to give rise to a high risk for the rights and freedoms of individuals.
13 - Which cookies are used?
A cookie is a small computer file or "tracker" that enables users' behaviour to be analysed when they visit a website, read an e-mail or install or use software or a mobile application.
The cookies we use are listed below. These are text files stored and used to record personal and non-personal information about your browsing on the Website.
GUINOT may use these or other technologies that may collect or store Personal Data in order to improve the services provided to you.
You will be warned the first time you receive a cookie by the display of a banner at the bottom of the consultation page and you can choose to accept or refuse cookies on a case-by-case basis or refuse them systematically at any time.
You can choose to disable cookies by adjusting your browser settings or using the cookie manager. Please note that some cookies, which are necessary for the operation of the Website, cannot be refused.
Publisher Type of Cookies Goals Function, addressee and retention period They can be deactivated
Google Google Analytics Analysis of user behaviour on the website 3 years Yes
GUINOT reminds you that setting these parameters may modify your conditions of access to its content and services requiring the use of cookies.
Your prior consent to the insertion of cookies and tracers is valid for a maximum of 6 months.
As a reminder, cookies exempt from consent according to the CNIL (guidelines September 2020):
• Tracers retaining the choice expressed by Users on the deposit of tracers
• Tracers intended for authentication to a service, including those intended to ensure the security of the authentication mechanism, for example by limiting robotic or unexpected access attempts.
• Tracers intended to store the contents of a shopping basket on a merchant site or to invoice the User for the product(s) and/or service(s) purchased.
• Tracers for personalising the User interface (for example, for the choice of language or the presentation of a service), when such personalisation constitutes an intrinsic and expected element of the service.
• Tracers used to balance the load of equipment providing a communication service
• Tracers enabling paying sites to limit free access to a sample of content requested by Users (predefined quantity and/or over a limited period)
For more information, you can contact GUINOT by the following means:
• By post:
Guinot SAS, Personal Data Protection Officer (DPO) 120 Avenue Charles de Gaulle, 92200 Neuilly sur Seine
• By e-mail to the following address: dpo@guinot.com
14 - Updating the Policy
This Policy may be modified at any time by GUINOT, in particular in order to comply with any changes in French and European legislation and regulations. Updates are posted online without notice to the User and are deemed accepted without reservation when you access the Site or log in to your User account.
