© Legal Notices - T&C
The website accessible from the address www.provenancetraceability.com (hereinafter the “Site”) is edited by SOPHIE RAOBEHARILALA E.I, whose registered office is located at 21, rue Charles Lecocq, 75015 Paris, can be reached at the following email address: sophieraobeharilala@gmail.com and at the following telephone number: +33 6 65 40 83 57. The Director of the publication is Sophie Raobeharilala, Manager. HostPapa - 5063 North Service Road, Suite 102, Burlington, Ontario L7L 5H6, Canada. Photographies (excluding "Sources" page) : © Sophie Raobeharilala (M.A.R). Icones : Vector Squad and Freepik via Flaticon.com GENERAL CONDITIONS OF USE ARTICLE 1 – Subject matter The UGCs (hereinafter the "T&C") govern any use of the Site, it being specified that all persons having access to the Site (the “User” or the “Users”), may view the entire content posted there. ARTICLE 2 – Scope By using the Site, any User accepts the terms of these Terms without reservation and in their entirety. Any person who does not wish to accept the Terms of Use (hereinafter "TOU") must therefore refrain from using the Site. By using the Site, the User accepts the terms of the Site Terms of Use without reservation and in their entirety. The TOU are subject to change, Sophie Raobeharilala E.I reserves the right to modify and update them at any time. The General Terms and Conditions in force are those accessible on the Site in the section “Terms of Use” during each login and navigation of a User on the Site. Each new version of the T&C comes into force from the date it is posted on the Site, where it can always be consulted by the User. The User must therefore regularly check the Site to be informed of any changes or updates to the General Terms and Conditions, as well as, more generally, to the Terms of Use of the Site. ARTICLE 3 – Access to the Site, its contents and functionalities The Site can be accessed from the URL http://www.provenancetraceability.com 24 hours a day, 7 days a week, except in cases of force majeure, computer failures, maintenance and/or updating operations, or problems related to telecommunication networks. Access to the Site itself is free of charge. The User may therefore consult the General Terms and Conditions free of charge. Access to the entire contents and functionalities of the Site is also free of charge. ARTICLE 4 – Intellectual Property All elements of Sophie Raobeharilala E.I’s Site – including: its structure, content, information presented on it, illustrations, photographs, images, sounds and videos, articles, newsletters, presentations (hereinafter the "Contents") – are protected by intellectual property rights, of which Sophie Raobeharilala E.I is, unless otherwise stated, the sole owner. The brands and logos present on the Site (collectively referred to as the "Trademarks") are Trademarks registered or not owned exclusively by Sophie Raobeharilala E.I. Nothing on the Site shall be considered as an inducement or implicit authorization to use the Trademarks published on the Site. Any use requires the prior written consent of Sophie Raobeharilala E.I. News briefs and articles published on the Site or in the newsletter are protected by copyright and may also constitute a database within the meaning of the French Intellectual Property Code, from which any unauthorized extraction is strictly prohibited. Sophie Raobeharilala E.I. retains full and complete intellectual property of the Contents of the Site, of the Trademarks affixed to it, as well as all the prerogatives attached thereto. These Terms and Conditions do not confer on the User any ownership rights in any of the contents disseminated on the Site. ARTICLE 5 – Guarantee – Liability 5.1 Sophie Raobeharilala E.I Sophie Raobeharilala E.I. excludes, to the fullest extent permitted by applicable law, all conditions, warranties and representations expressed or granted expressly or implied in connection with the Site. In particular, Sophie Raobeharilala E.I does not guarantee that the Site will be accessible or available continuously, nor that it will be free of viruses. The data, information and documents provided by Sophie Raobeharilala E.I. on the Site are intended to provide general information about Sophie Raobeharilala E.I., and in particular about the research services it offers to users, and may not in any way be considered to constitute professional advice, a solicitation, a solicitation and/or an offer of services. Each User is solely responsible for the use he makes of the Site and/or the information provided from the Site and Sophie Raobeharilala E.I. shall not be liable under any circumstances for any direct or indirect damage resulting from the use of the Site and/or such information by the User. Thus, except to the extent required by applicable law, Sophie Raobeharilala E.I will not be held liable in the following cases – which are listed without limitation: in the event of failure, breakdown, difficulty or interruption of operation, restricting or preventing access to the Site; in the event of unlawful use and/or exploitation of the Site; and finally, in the event of damage caused to equipment, information technology, computer programs, platform, or any other element belonging to the User, in the context of the use of the Site. Sophie Raobeharilala E.I. shall not be liable to Users for damages resulting from a fraudulent intrusion by a third party that has led to a modification of the information disseminated on the Site. 5.2 The User Each User declares, acknowledges and guarantees that he/she will only use the Services and/or the Site in strict compliance with the regulations applicable to his/her activities and public order, and that he/she will not incorporate into the Site anything that violates the laws and regulations in force. Sophie Raobeharilala E.I. will exercise all legal remedies against any User, more generally, against any person who has not complied with the provisions of articles 323-1 to 323-8 of the Penal Code, relating to infringements of automated data processing systems. Each User therefore warrants Sophie Raobeharilala E.I. against any judicial or administrative action, claim, claim or opposition on the part of any administration, or any natural or legal person invoking an infringement of legal and/or regulatory provisions, prejudice, infringement, right and/or violation of such right, directly or indirectly caused by the User’s activity through the Site. In this case, the User shall bear all the financial consequences resulting from this charge and in particular the fees of lawyers, the amount of the convictions pronounced in the context of a court decision as well as the indemnities and expenses of any kind incurred by Sophie Raobeharilala E.I. Finally, the User shall be solely responsible for any damage caused by him to third parties in connection with the use of the Site, and for the consequences of any claims or actions arising therefrom. He therefore waives any recourse against Sophie Raobeharilala E.I. in the event of proceedings brought against him by a third party. ARTICLE 6 – Effects of these General Terms and Conditions Should any provision of these Terms and Conditions be declared void, unenforceable, non-existent or deemed unwritten by a court of competent jurisdiction, all other provisions of these Terms and Conditions shall remain in full force and effect, unless the lack of effect of such provision would materially affect the overall balance of these Terms and Conditions. Sophie Raobeharilala E.I will replace the stipulation declared null, unenforceable, non-existent or deemed unwritten by a valid and enforceable clause having as much as possible the same effect as the stipulation declared null, unenforceable, non-existent or deemed unwritten should have had. The headings of the articles that are inserted in the TOU are for reference only and will not affect the interpretation of the TOU. ARTICLE 7 – Law, applicable jurisdiction and language These T&Cs are expressly subject to French law. Any dispute relating to the use of the Site and the services by Users, relating to the said T&C, their validity, interpretation or execution, their effects or their termination, in the absence of an amicable agreement entered into following the occurrence of such a dispute, shall be the jurisdiction of the competent court under the conditions of ordinary law. These T&Cs are translated exclusively from French. In this event, only the French text will be authentic in the event of a dispute. ARTICLE 8 – Hyperlinks The Site may contain hypertext links to other websites published and/or managed by third parties by Sophie Raobeharilala E.I. Sophie Raobeharilala E.I. who has no control over these websites cannot be held responsible for their contents (creation, modification, deletion, etc.). The responsibility of Sophie Raobeharilala E.I. regarding these hypertext links cannot, in any way, be engaged.
Data Privacy Notice
The General Data Protection Regulation (“GDPR”) governs the controlling and processing (such as the use or holding) of personal data, and also gives individuals certain rights and remedies in respect of that information. The purpose of this notice is to tell you what data we may collect and what we might use it for, when you make contact with us or use one of our services. This should help you feel more confident about the privacy and the security of your personal information. Please read this Privacy Notice carefully. By visiting our website or using any of our services, you indicate your agreement to our use of your personal information as set out in this Privacy Notice. Identity and contact details of the Data Controller Sophie Raobeharilala E.I (SIRET Number 881 177 844 00019) whose registered office is at 21 rue Charles Lecocq, Paris 75015, FRANCE, is the Data Controller and is committed to protecting the rights of individuals in line with the GDPR. Sophie Raobeharilala is responsible for Sophie Raobeharilala E.I's data protection matters and can be contacted on +33 665408357. This individual has oversight responsibility for the usage and processing of personal data. When do we collect information? We will collect information from you when you become our client, apply to use any of our services or contact or meet us in person, by telephone, by email or by post. We also collect information from you when you provide feedback or complete a contact form on our website. How will we use your information? We use information in the following ways: To process your application to use our services. To comply with our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us. To deal with any queries, complaints or problems reported by you. We may also use this information to provide you with information about other services we offer that are similar to those that you have already engaged us to provide, or enquired about, or to provide information about Sophie Raobeharilala E.I. In such instances Sophie Raobeharilala E.I will only do so where we have either received consent from you or we have assessed that there is a legitimate interest for us to send you the communication. When assessing legitimate interest, we will balance our interests with your rights and will only send communications where you would reasonably expect to hear from us. You may opt out of receiving this information when we collect details or at any time by contacting us using the contact details below . What information will we collect and why? We may collect the following information depending on the service provided: Your contact details, such as your name, address, telephone number and email address; Your date of birth, nationality, country of birth, country of residence; Passport details, driving licence and utility bills; Details of the services you request from us; Details of artworks and related correspondence In some cases, you are not obliged to provide any personal data to us, but if you have requested information or a service from us, we will not be able to provide it without certain information, such as your contact details. Before we can begin providing you with our services, we need to obtain certain information about you, so that we can verify your identity in order for us to meet our obligations under the Law n° 78-17 of 6 January 1978 on information technology, files and freedoms, as amended by Law n° 2018-493 of 21 June 2018 on the protection of personal data, Decree n° 2019-536 of 29 May 2019 adopted for its implementation, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the "GDPR") and any other applicable legislation and for the purposes of crime prevention and fraud prevention. You are obliged to provide this information and if you do not provide it, we will be unable to provide you with our services. Cookies Our Website does not use cookies. Automated Processing Sophie Raobeharilala E.I does not make use of automated processing or decision making. Third Party sales We will not lend or sell your information to third parties. How will we protect your information ? We take appropriate security measures (including physical, electronic and procedural measures) to help protect the confidentiality, integrity and availability of your personal information from unauthorised access and disclosure. Who would we disclose your information to? We may disclose your information to: Businesses that are legally part of the same group of companies within Sophie Raobeharilala E.I, or that become part of that group; Our IT providers and services providers in order to provide and maintain the provision of the services, to the extent that they require access to the information in order to advise us; Our appointed auditors, accountants, lawyers and other professional advisers (e.g. compliance consultants), to the extent that they require access to the information in order to advise us; Providers of services we recommend, or other such products or services. We may also be required to share information with auditors appointed by the providers of such products or services; The regulators, the Financial Conduct Authority, or any relevant regulatory authority where they are entitled to require disclosure; Meet applicable law, the order of a Court or market rules and codes of practice applicable to the circumstances at the time; Investigate or prevent fraud or activities believed to be illegal or otherwise in breach of applicable law; Relevant tax, payments and customs authority, who may pass this on to tax authorities in other jurisdictions. If all of Sophie Raobeharilala E.I’s assets are acquired by a third party, in which case personal information held by it about its clients may be one of the transferred assets. Data retention We are committed to only keeping your personal data for as long as we need to in order to fulfill the relevant purpose(s) it was collected for, as set out above in this notice, and for as long as we are required or permitted to keep it by law. The Client Data is retained for the duration of the contractual relationship and for the applicable limitation period of five (5) years, or more if this proves necessary for the follow-up of the provenance research services provided, in particular in the context of litigation proceedings, in which case the data is retained until the legal remedies have been exhausted. We retain records required for accounting purposes for ten (10) years after termination or expiry of our contract with you to comply with applicable accounting and tax obligations. We retain Prospect Data for a period of three (3) years after the last contact with the prospect. Data collected for business research and analysis purposes is retained for three (3) years following the last contact with the individual; We shall keep records of the following: electronic communications, and products/services produced on your behalf (including information about your identity) Sophie Raobeharilala E.I retains copies of all records aforementioned for a maximum of 7 years. Transferring information overseas Sophie Raobeharilala E. I informs Users that the Personal Data collected will not be transferred to a country outside the European Union. Your rights You have a right to learn and have access to the personal information held by Sophie Raobeharilala E.I. When we receive such a request, we will endeavour to provide you with these details without delay and at the latest within one month of receipt. We may extend the period of compliance by a further two months where requests are complex or numerous. In such instances Sophie Raobeharilala E.I will inform you within one month of the receipt of the request and explain why the extension is necessary. When Sophie Raobeharilala E.I receives a subject access request we will provide a copy of the information held free of charge. Sophie Raobeharilala E.I may charge a reasonable fee to comply with requests for further copies of the same information. This does not mean that we will charge for all subsequent access requests rather that Sophie Raobeharilala E.I reserves the right to charge a fee based on the administrative cost of providing the information. If, after reviewing a request the Data Protection Officer believes a request is manifestly unfounded or excessive, particularly if it is repetitive, then Sophie Raobeharilala E.I may charge a ‘reasonable fee’ which will be decided on a case-by-case basis. In certain circumstances Sophie Raobeharilala E.I may even refuse to respond to such requests. You also have the following rights (unless exemptions apply), which can be exercised by contacting us using the details provided below. The right: To ask us not to process your personal data for marketing purposes; To prevent any processing of personal data that is causing or is likely to cause unwarranted and substantial damage or distress to you or another individual; To request the rectification or completion of personal data which are inaccurate or incomplete; To restrict or object to the processing of your personal data (from 1st February 2020 onwards); To request its erasure under certain circumstances; In certain circumstances, to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format and the right to transmit that data to another data controller without hindrance, or to have that personal data transmitted to another data controller, where technically feasible (from 1st of May 2020 onwards); To be informed about any use of your personal data to make automated decisions about you, and to obtain meaningful information about the logic involved, as well as the significance and the envisaged consequences of this processing; and To lodge a complaint about the way in which your personal data is being used to your Data Protection Authority: Commission Nationale de l’Informatique et des Libertés (CNIL) (France). When you contact us to exercise any of the rights above, we may ask you to provide some additional information in order to verify your identity, such as your name, your address and proof of identity. If you would like to lodge a complaint or exercise any of your rights set out above, you can contact us at: Telephone: +33 65 40 83 57. Post: France: Sophie Raobeharilala, Sophie Raobeharilala E.I, 21 Rue Charles Lecocq, Paris, 75015 Alternatively, if you would like to contact your Data Protection Authority, please use the contact details below. France: Commission Nationale de l’Informatique et des Libertés (CNIL) Where we rely on your consent to use your personal data, you have the right to withdraw that consent at any time.