Definitions

Customer  :  any professional or natural person capable within the meaning of articles 1123 and following of the Civil Code, or legal person, who visits the Site subject to these general conditions.

Services and Services  : https://babaya.fr provides Customers :

Content  : All of the constituent elements of the information present on the Site, in particular texts – images – videos.

Customer information  : Hereinafter referred to as " Information (s) " which correspond to all the personal data likely to be held by https://babaya.fr for the management of your account, the management of the customer relationship and for the purposes of analysis and statistics.

User : Internet user connecting, using the aforementioned 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 n° 78-17 of January 6, 1978).

Les termes « données à caractère personnel », « personne concernée », «_cc781905-5cde -3194-bb3b-136bad5cf58d_subcontractor ” and “ sensitive data ” have the meaning defined by the General Protection Regulations5cf58d_” Data (RGPD : no. 2016-679)

1. Presentation of the website.

Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, it is specified to users of the website  https://babaya. fr  the identity of the various stakeholders in the context of its implementation and monitoring:

Owner : Xavier Manzi ( BaBaya Décor) – 52 rue Désiré Clément 78700 Conflans Sainte Honorine

Publication manager : Xavier Manzi –  Telephone: +33 688583797

The publication manager is a natural person.

Webmaster : Xavier Manzi – Contact@babaya.fr

Host : Wix – Wix.com Inc. Address: 500 Terry A François Blvd San Francisco, CA 94158 Phone: +1 415-639-9034.

Data Protection Officer : Xavier Manzi – contact@babaya.fr

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 site  https://babaya.fr   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 site  https://babaya.fr   are therefore invited to consult them. regularly.

This website is normally accessible to users at any time. An interruption due to technical maintenance may however be decided by https://babaya.fr , who will then endeavor to communicate to users before the dates and times of the intervention. The website  https://babaya.fr   is updated regularly by https://babaya.fr responsible. In the same way, the legal notices can be modified at any time: they nevertheless impose themselves on the user who is invited to refer to them as often as possible in order to become acquainted with them.

3. Description of services provided.

The purpose of the website  https://babaya.fr   is to provide information concerning all of the company's activities. https://babaya.fr strives to provide on the site  https://babaya.fr   information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether by itself or by the third party partners who provide it with this information.

All the information indicated on the site  https://babaya.fr   are given for information only, and are subject to change. Furthermore, the information on the site  https://babaya.fr   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 related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing viruses and with an updated latest generation browser.

The https://babaya.fr site is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulations (RGPD : n° 2016-679)

The objective is to provide a service that ensures the best accessibility rate. 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 durations, in particular for the purposes of maintenance, improvement of its infrastructures, failure of its infrastructures or if the Services and Services generate traffic deemed unnatural.

https://babaya.fr and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.

5. Intellectual Property and Infringements.

https://babaya.fr is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular 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 process used, is prohibited, except with the prior written authorization of: https://babaya.fr .

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 and following of the Intellectual Property Code.

6. Limitation of Liability.

https://babaya.fr acts as the publisher of the site. https://babaya.fr   is responsible for the quality and veracity of the Content it publishes.

https://babaya.fr cannot be held responsible for direct or indirect damage caused to the user's equipment, when accessing the https://babaya.fr website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, either the appearance of a bug or an incompatibility.

Interactive spaces (possibility to ask questions in the contact space) can be made available to users. https://babaya.fr reserves the right to delete, without prior notice, any content posted in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If necessary, https://babaya.fr also reserves the right to question the civil and/or criminal liability of the user, in particular in the event of a racist, abusive, defamatory or pornographic message, whatever either the medium used (text, photograph, etc.).

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 Act of August 6, 2004 as well as the General Regulations on Data Protection (RGPD_cc781905-5cde- 3194-bb3b-136bad5cf58d_: no. 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 its navigation on the Site, the person responsible for processing Personal Data is: Xavier Manzi (BaBaya Décor). https://babaya.fr is represented by Xavier Manzi, its legal representative.

As responsible for processing the data it collects, https://babaya.fr undertakes to comply with the framework of the legal provisions in force. In particular, it is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, 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. Whenever https://babaya.fr processes Personal Data, https://babaya.fr takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https: //babaya.fr processes them.

7.2 Purpose of the data collected

https://babaya.fr may process all or part of the data:

• to allow navigation on the Site and the management and traceability of the services ordered by the user: connection and use data for the Site, preparation of quotes, invoicing, order history, etc.

• to prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)

• to improve navigation on the Site: connection and usage data

• to conduct optional satisfaction surveys on https://babaya.fr : email address

• to carry out communication campaigns (sms, email): telephone number, email address

https://babaya.fr does not market 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 the European regulations in force, Users of https://babaya.fr have the following rights:  

• right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completeness of User data right of blocking or erasure of personal User data (article 17 GDPR), when they are inaccurate, incomplete, ambiguous, 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 User data (Article 18 GDPR)

• right of opposition to the processing of User data (article 21 GDPR)

• right to the portability of data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (article 20 GDPR)

• right to define the fate of User data after their death and to choose to whom https://babaya.fr will have to communicate (or not) its data to a third party that they will have previously designated

As soon as https://babaya.fr becomes aware of the death of a User and in the absence of instructions from him, https://babaya.fr undertakes to destroy his data, unless their conservation proves necessary. for evidentiary purposes or to meet a legal obligation.

If the User wishes to know how https://babaya.fr uses his Personal Data, ask to rectify it or oppose its processing, the User can contact https://babaya.fr in writing at the following address :

BaBaya Décor – DPO, Xavier Manzi

52 rue Désiré Clément 78700 Conflans Sainte Honorine.  

In this case, the User must indicate the Personal Data that he would like https://babaya.fr to correct, update or delete, by identifying himself precisely with a copy of an identity document (identity card). identity or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://babaya.fr by law, in particular with regard to the conservation or archiving of documents. Finally, Users of https://babaya.fr can file a complaint with the supervisory authorities, and in particular the CNIL ( https://www.cnil.fr/fr/plaintes ).

7.4 Non-disclosure of personal data

https://babaya.fr is prohibited from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as " non adequate_cc781905-5cde- 3194-bb3b-136bad5cf58d_” by the European Commission without informing the customer in advance. However, https://babaya.fr 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 Regulations (RGPD_cc781905-5cde-3194 -bb3b-136bad5cf58d_: no. 2016-679).

https://babaya.fr undertakes to take all necessary precautions to preserve the security of the Information and in particular 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 https://babaya.fr , the latter must inform the Customer as soon as possible and inform him of the corrective measures taken. Furthermore, https://babaya.fr does not collect any " sensible data ".

The User's Personal Data may be processed by subsidiaries of https://babaya.fr 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 people likely to have access to the data of Users of https://babaya.fr are mainly our customer service agents.

7.5 Types of data collected

Regarding users of a https://babaya.fr Site, we collect the following data which is essential for the operation of the service , and which will be kept for a maximum period of 12 months after the end of the contractual relationship:

surname, first name, postal address, email, telephone number

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. 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 clients of all matters relating to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.

No personal information of the user of the site  https://babaya.fr   is published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the redemption of https://babaya.fr and its rights would allow the transmission of said information to the prospective purchaser who would in turn be bound by the same obligation to store and modify data with respect to the user of the site  https://babaya.fr .

9. Security

To ensure the security and confidentiality of Personal Data, https://babaya.fr uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, https://babaya.fr takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration or destruction.

10. Hypertext links “cookies” and internet beacons (“tags”)

The site  https://babaya.fr   contains a certain number of hypertext links to other sites, set up with the authorization of https:// babaya.fr . However, https://babaya.fr does not have the possibility of verifying the content of the sites thus visited, and will therefore not assume any responsibility for this fact.

Unless you decide to disable cookies, you agree that the site can use them. You can deactivate these cookies at any time and free of charge from 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.

10.1. " COOKIES "

A "cookie" is a small information file sent to the User's browser and saved within the User's terminal (eg computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet access provider, the User's operating system, as well as the date and time of access. Cookies do not in any way risk damaging the User's terminal.

https://babaya.fr is likely to process the User's information concerning his visit to the Site, such as the pages consulted, the searches carried out. This information allows https://babaya.fr to improve the content of the Site, the navigation of the User.

Cookies facilitating navigation and/or the provision of the services offered by the Site, the User can configure his browser to allow him to decide whether or not he wishes to accept them so that Cookies are saved in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User can also configure his browser software so that the acceptance or refusal of Cookies is offered to him from time to time, before a Cookie is likely to be saved in his terminal. https://babaya.fr informs the User that, in this case, the functionalities of its navigation software may not all be available.

If the User refuses the registration of Cookies in his terminal or his browser, or if the User deletes those which are registered there, the User is informed that his navigation and his experience on the Site may be limited. This could also be the case when https://babaya.fr 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, https://babaya.fr declines all responsibility for the consequences related to the degraded operation of the Site and any services offered by https://babaya.fr , resulting (i) from the refusal of Cookies by the User ( ii) the impossibility for https://babaya.fr to save or consult the Cookies necessary for their operation due to the choice of the User. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the help menu of the browser, which will allow you to know how the User can modify his wishes in terms of Cookies.

At any time, the User can choose to express and modify his wishes in terms of Cookies. https://babaya.fr 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 social networks such as Instagram, Facebook, Linkedin, Twitter and Google Plus appearing on the https://babaya.fr Site or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the Website or the mobile application of https://babaya.fr , said social networks 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 Website or the mobile application of https://babaya.fr . At any time, the User may nevertheless revoke his consent to https://babaya.fr depositing this type of cookie.

10.2. INTERNET TAGS

https://babaya.fr may occasionally use web beacons (also called "tags", or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them via a partner specializing in web analysis likely to be located (and therefore to 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 https://babaya.fr 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 https://babaya.fr , and provide other services relating to the use of it and the Internet.

11. Governing Law and Jurisdiction.

Any dispute in connection with the use of the site  https://babaya.fr   is subject to French law. Apart from cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Yvelines.