Legal Notice
Les Jardins de Kerdalo SAS
14 rue des Capucines
75002 PARIS
Tel. : +33.7.65.76.75 – lesjardinsdekerdalo@gmail.com
WEBSITE CREATION AND HOSTING
Web design: Bryce Davesne
Website Creation and Development: INSIDE TECHNOLOGY CONSULTING
Hosting: OVH
Website administrator: Simon Murin (Paloïse)
PRIVACY – PERSONAL DATA
All personal data collected on the website are processed with the strictest confidentiality.
You may access and obtain a copy of your data, object to the processing of such data and have them rectified or deleted. You have the right to portability of your data and the right to limit the processing of your data. You also have the right to formulate specific and general directives concerning the conservation, erasure, and communication of your data post-mortem
You can exercise your rights by mail with a document proving your identity to the following postal address Les Jardins de Kerdalo, 14 rue des Capucines, 75002 PARIS. Or by e-mail to the following address lesjardinsdekerdalo@gmail.com. If you feel, after contacting us, that your rights regarding your data are not being respected, you may submit a complaint to the CNIL.
ARTICLES 13 AND 14 OF THE GPDR
Article 13 – Information to be provided where personal data are collected from the data subject.
1. Where personal data relating to a data subject are collected from that person, the controller shall, at the time the data are obtained, provide him with all the following information:
1. (a) the identity and contact details of the controller and, where appropriate, of the representative of the controller
2. b) if applicable, the contact details of the data protection officer;
3. c) the purposes of the processing for which the personal data are intended and the legal basis for the processing;
4. (d) where the processing is based on Article 6(1)(f), the legitimate interests pursued by the controller or by a third party;
(e) the recipients or categories of recipients of personal data, if any; and
6. (f) where applicable, the fact that the controller intends to transfer personal data to a third country or an international organisation, and the existence or absence of an adequacy decision by the Commission or, in the case of transfers referred to in Article 46 or 47 or in the second subparagraph of Article 49(1), the reference to appropriate or adequate safeguards and the means of obtaining a copy of those safeguards or the place where they have been made available
1. In addition to the information referred to in paragraph 1, the controller shall provide the data subject, at the time the personal data are obtained, with the following further information necessary to ensure fair and transparent processing :
1. (a) the period for which the personal data will be kept or, where this is not possible, the criteria used to determine that period;
2. b) the existence of the right to request from the controller access to, rectification, or erasure of personal data, or a restriction of the processing in relation to the data subject, or the right to object to the processing and the right to data portability;
3. (c) where the processing is based on Article 6(1)(a) or Article 9(2)(a), the existence of the right to withdraw consent at any time, without prejudice to the lawfulness of the processing based on consent carried out before its withdrawal;
4. d) the right to lodge a complaint with a supervisory authority;
5. e) information on whether the requirement to provide personal data is of a regulatory or contractual nature or is a condition for the conclusion of a contract and whether the data subject is obliged to provide the personal data, as well as on the possible consequences of the non-provision of such data;
6. (f) the existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4) and, at least in such cases, relevant information concerning the underlying logic and the significance and intended consequences of such processing for the data subject.
1. Where the controller intends to further process personal data for a purpose other than that for which the personal data were collected, he shall provide the data subject with prior information about that other purpose and any other relevant information referred to in paragraph 2.
2. Paragraphs 1, 2, and 3 shall not apply where, and to the extent that, the data subject already has this information.
Article 14 – Information to be provided where personal data have not been obtained from the data subject
1. Where the personal data have not been obtained from the data subject, the controller shall provide the data subject with all the following information:
1. (a) the identity and contact details of the controller and, where appropriate, of the representative of the controller;
2. b) if applicable, the contact details of the data protection officer;
3. c) the purposes of the processing for which the personal data are intended and the legal basis for the processing;
4. d) the categories of personal data concerned;
5. e) where applicable, the recipients or categories of recipients of personal data;
6. (f) where applicable, the fact that the controller intends to transfer personal data to a recipient in a third country or an international organisation, and the existence or absence of an adequacy decision by the Commission or, in the case of transfers referred to in Article 46 or 47 or in the second subparagraph of Article 49(1), the reference to appropriate or adequate safeguards and the means of obtaining a copy of those safeguards or the place where they have been made available
1. In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject:
1. (a) the period of time for which the personal data will be kept or, where this is not possible, the criteria used to determine that period;
2. (b) where the processing is based on Article 6(1)(f), the legitimate interests pursued by the controller or by a third party;
3. c) the existence of the right to request from the controller access to personal data, rectification or erasure of personal data, or a restriction of processing about the data subject, as well as the right to object to the processing and the right to data portability;
4. (d) where the processing is based on Article 6(1)(a) or Article 9(2)(a), the existence of the right to withdraw consent at any time, without prejudice to the lawfulness of the processing based on consent carried out prior to its withdrawal;
5. e) the right to lodge a complaint with a supervisory authority;
6. f) the source from which the personal data originate and, where appropriate, a statement as to whether or not they are derived from publicly available sources;
7. (g) the existence of automated decision-making, including profiling, as referred to in Articles 22(1) and (4) and, at least in such cases, relevant information about the underlying logic and the significance and intended consequences of such processing for the data subject.
1. The controller shall provide the information referred to in paragraphs 1 and 2:
1. (a) within a reasonable time after obtaining the personal data, but not exceeding one month, having regard to the particular circumstances in which the personal data are processed;
2. (b) if the personal data are to be used for the purpose of communicating with the data subject, at the latest at the time of the first communication to that person; or
3. c) at the latest when the personal data are disclosed for the first time if disclosure to another recipient is envisaged.
1. Where the controller intends to further process personal data for a purpose other than that for which the personal data were obtained, he shall provide the data subject in advance with information about that other purpose and any other relevant information referred to in paragraph 2.
2. Paragraphs 1 to 4 shall not apply where and to the extent that
1. (a) the data subject already has such information;
2. b) the provision of such information proves impossible or would require disproportionate efforts, in particular for processing for archival purposes in the public interest, for scientific or historical research purposes, or for statistical purposes subject to the conditions and safeguards referred to in Article 89(1), or insofar as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously compromise the achievement of the purposes of such processing. In such cases, the controller shall take appropriate measures to protect the rights and freedoms, and legitimate interests of the data subject, including making the information publicly available;
3. (c) obtaining or providing the information is expressly provided for by Union law or the law of the Member State to which the controller is subject and which provides for appropriate measures to protect the data subject’s legitimate interests; or
4. d) personal data must be kept confidential by virtue of an obligation of professional secrecy regulated by Union law or the law of the Member States, including a statutory obligation of professional secrecy.
Article 32 of the law of 6 January 1978 n°78-17 relating to Information Technology, Files, and Civil Liberties
I.-The person from whom personal data concerning him/her is collected shall be informed unless he/she has been informed beforehand, by the controller or his/her representative:
1° The identity of the controller and, where applicable, that of his representative;
2° The purpose of the processing for which the data are intended;
3° Whether replies are compulsory or optional;
4° The possible consequences for him/her of a failure to reply;
5° Recipients or categories of recipients of the data;
6° The rights he/she has under the provisions of section 2 of this chapter, including the right to define directives concerning the fate of his/her personal data after his/her death;
7° Where applicable, transfers of personal data envisaged to a non-member State of the European Community;
8° The retention period for the categories of data processed or, if this is not possible, the criteria used to determine this period.
Where such data are collected by means of questionnaires, these must include the requirements of articles 1, 2, 3, and 6.
1. – Any subscriber or user of an electronic communications service shall be informed in a clear and comprehensive manner, unless previously informed, by the controller or its representative:
– the purpose of any action to access, by electronic transmission, information already stored in his or her electronic communications terminal equipment, or to write information into that equipment ;
– the means at his disposal to oppose it.
Such access or registration may only take place on condition that the subscriber or user has expressed, after having received this information, his or her consent, which may result from appropriate settings of his or her connection device or any other device under his or her control.
These provisions shall not apply if the access to information stored in the user’s terminal equipment or the recording of information in the user’s terminal equipment :
– has the exclusive purpose of enabling or facilitating communication by electronic means;
– or is strictly necessary for the provision of an online communication service at the express request of the user.
When personal data were initially collected for another purpose, the provisions of the previous paragraph do not apply to the processing necessary for the conservation of these data for historical, statistical, or scientific purposes, under the conditions provided for in Book II of the Heritage Code or for the re-use of these data for statistical purposes under the conditions of Article 7 bis of Law No. 51-711 of 7 June 1951 on the obligation, coordination, and secrecy of statistics. These provisions do not apply either when the person concerned has already been informed or when his or her information proves impossible or requires efforts disproportionate to the interest of the process.
Where personal data are collected from a minor under the age of fifteen, the controller shall provide the minor with the information mentioned in paragraph I of this Article in clear and easily accessible language.
IV – If the personal data collected is to be anonymised in the short term in accordance with the provisions of this law by the Commission Nationale de l’Informatique et des Libertés (CNIL), the French Data Protection Authority, the information provided by the data controller to the person concerned may be limited to that mentioned in 1° and 2° of I.
LIABILITY
Les Jardins de Kerdalo shall not be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion, or the presence of computer viruses, or any event qualified as force majeure, according to the case law.
Although great care has been taken in the creation of this site, Les Jardins de Kerdalo cannot be held responsible for any errors that may occur.
This site contains information. It is not exhaustive and does not replace advice and recommendations.
INTELLECTUAL PROPERTY
All elements of the https://www.lesjardinsdekerdalo.com website, including downloadable documents, are protected by copyright, trademarks, or patents. They are the exclusive property of Paloïse SAS. Consequently, you may not, under any circumstances and in any way, reproduce, represent, distribute, modify, or concede all or part of any of the elements reproduced on the site and all or part of the site without the prior and express agreement of Paloïse SAS
DURATION
These conditions apply throughout the duration of the services offered by Les Jardins de Kerdalo on the website https://www.lesjardinsdekerdalo.com
APPLICABLE LAW AND JURISDICTION
The present conditions are subject to French law. In the event of a dispute, and in the absence of an amicable agreement between the parties, jurisdiction is given to the competent French courts.