1. Site presentation.
Under Article 6 of Act 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website www.malfroy.com are informed of the identity of the various entities involved in its creation and monitoring:
Owner: Malfroy & Million – 153 route de Vourles BP-33 – 69564 St Genis Laval Cedex France
Publication manager: Benoît Malfroy – firstname.lastname@example.org
The publication manager is a natural person or legal person.
Host: Gandi SAS – 63-65 boulevard Massena 75013 Paris – www.gandi.net
This site is normally accessible to users at all times. Interruptions due to technical maintenance may, however, be initiated by www.malfroy.com, in which case the latter will endeavour to inform users in advance of the date and time of the interruption.
The website www.malfroy.com is regularly updated by Maison Malfroy. Similarly, the legal notices may be modified at any time: they are nevertheless applicable to all users, who are therefore encouraged to consult them as often as possible.
3. Description of services provided.
The website www.malfroy.com aims to provide information on all of the company’s business. Malfroy shall strive to provide the most accurate information possible on www.malfroy.com. However, it shall not be held liable for omissions, inaccuracies and any default in terms of updates on its part or the part of third party partners providing this information.
All information on the website www.malfroy.com is given as a guide and is subject to change. Furthermore, the information on the website www.malfroy.com is not exhaustive. It is subject to changes made after the information is posted online.
4. Contractual limitations on technical data.
The website cannot be held responsible for material damage related to the use of the site. In addition, site users agree to access the website using recent equipment, free from viruses and with a recent up-to-date browser.
5. Intellectual property and counterfeiting.
Malfroy owns the intellectual property rights or user rights to all the items accessible on the site, including text, images, graphics, logos, icons, sounds and software.
Any reproduction, representation, modification, publication or adaptation of or to all or any part of the site, by whatever means or process, is prohibited without prior written consent from Maison Malfroy.
Any unauthorized use of the site or of any of its content will be deemed to constitute an infringement and liable to prosecution in accordance with Articles L.335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability.
Malfroy may not be held liable for direct and indirect damage to the user’s equipment when accessing the website www.malfroy.com and resulting from the use of equipment failing to meet the specifications of section 4 or from a bug or incompatibility.
Similarly, Malfroy will not be liable for consequential damages (e.g. lost contract or opportunity) arising from use of the website www.malfroy.com.
Interactive spaces (possibility of asking questions on the contact page) are available to users. Malfroy reserves the right to remove any content posted in this space in violation of French legislation, particularly the provisions on data protection, without prior notice. If necessary, Malfroy also reserves the right to hold the user accountable under civil and/or criminal law, especially in cases of posts that are racist, offensive, defamatory or pornographic, whatever the medium used (text, photographs, etc.).
7. Management of personal data.
In France, personal data is especially protected by Act 78-87 of 6 January 1978, Act 2004-801 of 6 August 2004, Article L. 226-13 of the Penal Code and the European Directive of 24 October 1995.
When using the website www.malfroy.com, the following can be collected: URLs of links through which the user accessed the website www.malfroy.com, the user’s internet access provider, the user’s Internet Protocol (IP) address.
In any event, Malfroy only collects personal information about the user for the purposes of certain services offered by the website www.malfroy.com. Users provide this information knowingly, by entering it themselves. Users of the website www.malfroy.com are informed whether or not this information is mandatory.
In accordance with Articles 38 et seq. of the Data Protection Act 78-17 of 6 January 1978, every user has the right to access, rectify and object to their personal data by written and signed request, accompanied by a copy of the ID document signed by the holder, specifying the address to which the reply should be sent.
No personal information about the user of the website www.malfroy.com is published without the knowledge of the user or exchanged, transferred, assigned or sold by any means to others. Only the hypothetical purchase of Malfroy and its rights would allow the transmission of such information to the buyer, who would in turn be bound by the same obligation to the user of the website www.malfroy.com in terms of data storage and modifications.
The site has not been declared to the French Data Protection authority (CNIL) as it does not collect personal information. .
The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
8. Hypertext links and cookies.
The website www.malfroy.com contains a number of hypertext links to other websites, set up with Malfroy’s permission. However, Malfroy does not have the opportunity to check the content of the linked sites and assumes no responsibility for their content.
Browsing the website www.malfroy.com may require the installation of cookies on the user’s computer. A cookie is a small file, which does not allow the user to be identified, but which records information about the computer’s browsing on a website. The data obtained is intended to facilitate subsequent browsing on the site, and also enables various traffic measurements.
Refusal to install a cookie may make it impossible to access certain services. However, users may configure their computers as follows to prevent cookies from being installed:
With Internet Explorer: Tools tab / Internet options. Click on Privacy and select Block All Cookies. Click on Ok.
With Netscape: Edit tab / Preferences. Click on Advanced and select Disable cookies. Click on Ok.
9. Governing law and Jurisdiction.
Any disputes in connection with the use of the website www.malfroy.com are subject to French law. The relevant courts in Paris shall have sole jurisdiction.
10. Legislation primarily applicable.
Act 78-87 of 6 January 1978, including as amended by Act 2004-801 of 6 August 2004 relating to Data Protection.
Act 2004-575 of 21 June 2004 on confidence in the digital economy.
User: Internet user visiting and using the aforementioned site.
Personal information: “Information that enables the identification of the individuals to which it applies, in any form whatsoever, directly or indirectly” (Article 4 of Act 78-17 of 6 January 1978).