Legal notice
- Present the "person" with whom the visitor interacts by going to the web page.
- Allow the visitor to contact the publisher / host, possibly, in case of dispute. The legal notices therefore have a mission of protection for the visitor, he will know, if necessary, to whom turn
- Check the reliability of the site and strengthen credibility
- the identification of site managers;
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Thelegal noticeAre the information that allow the user ofidentify yourself.
The legal notices aremandatoryOn any professional website and must beeasily accessible.
They can be inserted in yourgeneral Terms and Conditions (CGV)Or in a dedicated page.
You must fill in the following information:
- Identity of the company :
- your name, first name and address. If you are an individual entrepreneur (including, micro-entrepreneur), your name and surname are accompanied by the individual entrepreneur or initials EI.
- Registration numberToRCS: RCS: Trade and Companies Register
- Mail and phone number to contact your company
- VAT identification number
- Identity of the host: company in charge of storing on its servers the data of the website of the site: name or name, address and telephone number
- If you exercise aregulated activityAnd subject to authorization (pharmacy or flow of drinks, for example): Name and address of the authority that issued the authorization.
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Attention
The breach of this obligation of information is punished by1 year imprisonmentAnd 75 000 €fine.
- the activity of the professional;
- the use of cookies;
- the use of personal data
The use of a website implies to respect the obligations related to theprotection of personal dataInternet users.
Apersonal dataRefers to any information relating to a natural person identified or identifiable, directly or not, thanks to an identifier or one or more elements specific to his identity.
It may be, for example, a name, first name, of an email address, location, identity card number, an IP address, a photo.
On your merchant site, you can collect this personal data to build client files as long as they meetthe regulations in force.
So, beyond ageneral obligation of security and confidentialityPersonal data collected, you have2 OBLIGATIONSTo respect:
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Get the consent of the user
There are situations in which the information alone of the user is not enough.
You must alsogain one's consentWhen you have one of the following steps:
- Sending commercial emails(newsletter): You must collect the explicit agreement of the user unless he has already purchased a similar product in your business or that it is a professional.
You must also give it the way to refuse receipt of new ads by offering unsubscription at the end of the mail. - Use of cookiesThese are tracers that analyze navigation, travel and consultation habits or consumption of the user to allow the display of targeted advertisements.
You must allow the user to consent bya clear positive act: a request for consent made by means ofcheckboxesIs easily understandable by users. The use of a pre-checked box presuming the consent of the person is prohibited.
The silence of people, who can go through the mere pursuit of their navigation, must be interpreted as a refusal.
You must also allow the user tomake a choice by purpose: It is recommended to allow the user to give his consent independently and specific for each purpose (customer management, satisfaction survey, prospecting operation, etc.).
It is possible to propose to the user to consent globally to a set of purposes, integrating buttons "All accept" or "refuse any", but only if all the purposes is presented beforehand.
Attention
The computer processing of data collected without consent is punishable by 5 years imprisonment and € 300,000.
To know
France num puts at your disposal a manual forguarantee the conformity of your client file at the RGPD.
Inform the user
The collection of personal data must be done sotransparent.
So, you mustinform the userOn your website at the time of data collection (when fulfills a contact form, for example) and in case of subsequent modification of their use.
You must specify the following information:
- Identity and contact details of the body responsible for data processing of data personal: the data protection delegate (DPO) for example
- Purpose pursued by treatment: What will be used by the personal data collected
- Legal basis justifying the treatment: It may be the consent of the user, with respect for an obligation provided for in a legal text, the execution of a contract, etc.
- Mandatory or optional character of the collection of personal data: The consequences for the user in case of non-provision of data.
- Recipients of personal data: Who will receive and access the data.
- Shelf life of personal data
- Rights of the Internet: The right to refuse collection, the right to access, rectify and delete its data.
- Right of the user to submit a claim to theCNIL: CNIL: National Commission for Informatics and Freedoms
- If necessary, existence of a transfer of personal data to a country not belonging to the European Union
The information must be issued concisely, transparent, understandable and easily accessible, in clear and simple terms.
Attention
The absence of one of this information is punished with a fine of € 1,500.
On your website, you can use a link directly returning to the data protection policy, clearly visible on each page of the site, entitled clearly ("personal data" or "confidentiality" for example).
This privacy policy must be distinct from the General Conditions of Sale (CGV) of the website.
Termination account deletion
The functionality must allow the consumer to inform or confirm the accuracy of thenext information:
- The name and first name of the consumer, or if the contract has been concluded with a legal person, his reason ornaming
- The email address or failing the postal address to confirm receipt of the notification of termination
- Any reference you have previously communicated to the contract holder to identify this holder and the contract concerned (eg a customer or contract number)
- The desired termination date subject to the legal or contractual provisions in force
- When termination relates to a telephone subscription, the telephone number corresponding to the line or the relevant lines (s) by termination.
After entering or confirming this information, the consumer must be able to access asummary pageAllowing him to check and, if necessary, to modify the information provided.
In addition, when the consumer wishes to terminate his contract in advance (before the deadline), he mustprovide a legitimate pattern. In this case, the functionality must mention amail addressAnd anaddressTo which the proof can be sent. You can also add a feature allowing the consumer to transmit his proof of termination in dematerialized form.
Example:
For example, the consumer can terminateanticipatedIts internet subscription contract if it is the subject of a procedure ofoverindebtedness. The functionality must allow it to transmit thejudge's decisionWelcoming his request for over-indebtedness situation.
Notification of termination
The consumer must be able tonotify you of the termination of the contractBy activating a function, directly accessible from the summary page of its information.
This function must be presented with the mention "notification of termination"Or a similar misleading formula and displayed in readable characters.
When the consumer notifies you the termination of the contract, you mustconfirm the receipt of the notificationAnd informing it, on a sustainable support: support allowing the customer to store information that is sent to him personally, to consult them for a certain time, and to reproduce them identical (for example: paper, mail, personal account secure, key USB ...) and in deadlines reasonable, the effects of the termination and the date on which the contract ends.
To note
At the stage of the notification of the terminationyou must not imposeTo the consumer ofcreate a personalized spaceTo access the termination feature. On the other hand, you can ask him to use the personalized space he would have created previously (at the time of the conclusion of the contract, for example).