GENERAL CONDITIONS OF USE OF THE SITE

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ARTICLE 1: PREAMBLE  

 

 

This privacy policy applies to the site: https://www.labnuitnoire.com .

 

  The purpose of this privacy policy is to expose users of the site to:

 

The way in which their personal data is collected and processed. Must be considered as personal data all data that can identify a user. These include the first and last name, age, postal address, email address, location of the user or his IP address;  

 

What are the rights of users regarding this data;

Who is responsible for the processing of personal data collected and processed;

 

To whom this data is transmitted;

Eventually, the site's policy in terms of "cookie" files.  

 

 

This privacy policy supplements the legal notices and the General Conditions of Use that users can consult at the following address:  

 

The way in which their personal data is collected and processed. Must be considered as personal data all data that can identify a user. These include the first and last name, age, postal address, email address, location of the user or his IP address;  

 

What are the rights of users regarding this data;

Who is responsible for the processing of personal data collected and processed;

 

To whom this data is transmitted;

Eventually, the site's policy in terms of "cookie" files.  

 

This privacy policy supplements the legal notices and the General Conditions of Use that users can consult at the following address:  

 

https://www.labnuitnoire.com/cgu

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ARTICLE 2: GENERAL PRINCIPLES REGARDING DATA COLLECTION AND PROCESSING  

 

 

In accordance with the provisions of Article 5 of European Regulation 2016/679, the collection and processing of site user data complies with the following principles:  

 

Lawfulness, loyalty and transparency: data can only be collected and processed with the consent of the user who owns the data. Each time personal data is collected, the user will be informed that his data is collected, and for what reasons his data is collected;  

 

Limited purposes: the collection and processing of data is carried out to meet one or more objectives determined in these general conditions of use;

 

Minimization of the collection and processing of data: only the data necessary for the proper execution of the objectives pursued by the site are collected;  

 

Retention of reduced data over time: the data is kept for a limited period, of which the user is informed. When this information cannot be communicated, the user is informed of the criteria used to determine the retention period;  

 

Integrity and confidentiality of the data collected and processed: the data controller undertakes to guarantee the integrity and confidentiality of the data collected.  

 

To be lawful, in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal data can only take place if they comply with at least one of the conditions listed below:

 

The user has expressly consented to the processing;

The processing is necessary for the proper performance of a contract; The processing meets a legal obligation;  

 

The processing is explained by a necessity linked to the safeguard of the vital interests of the person concerned or of another natural person;  

 

The processing can be explained by a necessity linked to the performance of a task in the public interest or which comes under the exercise of public authority;  

 

The processing and collection of personal data is necessary for the purposes of the legitimate and private interests pursued by the controller or by a third party.  

 

 

ARTICLE 3: PERSONAL DATA COLLECTED AND PROCESSED IN THE FRAMEWORK OF BROWSING ON THE S I TE  

 

 

A. DATA COLLECTED AND PROCESSED AND COLLECTION METHOD


The personal data collected on the NUITNOIRE site are as follows:  

 

We receive, collect and store any information you enter on our website or provide to us in any other way. Additionally, we collect the Internet Protocol (IP) address used to connect your computer to the Internet; the login; email-address ; the password ; computer and login information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to navigate away from the page. We also collect personal identification information (including name, email address, password, communications); payment details (including credit card information), comments, feedback, product ratings, recommendations and personal profile.  

 

Data is collected when the user performs one of the following operations on the site:  

 

When you make a transaction on our website, when you register through a form on the site, as part of the process, we collect the personal information you give us such as your name, address and email address. . Your personal information will only be used for the specific reasons mentioned above.  

 

When paying on the site, proof of the transaction including the order form and the invoice will be kept in the publisher's computer systems.  

 

The data controller will keep in his computer systems of the site and under optimal security conditions all the data collected for a period of 36 months (3 years): The deletion of the personal data of people who have been inactive for 3 years from your database data. He benefits here from the right to be forgotten.  

 

13 months: You will be asked for your consent, you visitors to our website for the 

ing cookies. 

1 month: The user can at any time ask to rectify, erase or return his personal data.  Task  completed within 1 month.
Deleted contacts are placed in a base / opposition list in order to no longer solicit them in the and to be able to justify processing and our compliance with the regulations.  

 

2 years: Information on unsuccessful candidates and their CVs are deleted 2 years after the first contact.  

 

10 years:  The retention of accounting documents is 10 years from the end of the financial year. This includes, for example, books and accounting records (journal book, general ledger, inventory book, etc.) as well as supporting documents (purchase order, delivery or receipt form, customer and supplier invoice, etc.).  

 

The collection and processing of data meets the following purposes:  

 

Supporting documents (purchase order, delivery or receipt, customer and supplier invoice, etc.).

The collection and processing of data meets the following purposes:  

 

1. Provide and operate the Services;

2. To provide our users with ongoing assistance and technical support;
3. To be able to contact our visitors and users with general or personalized service-related notices and promotional messages;
4. To create aggregated statistical data and other aggregated and/or inferred non-personal information, which we or our business partners may use to provide and improve our respective services;
5. Comply with applicable laws and regulations.  

 

The data processing carried out is based on the following legal bases:  

 

In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal data can only take place if they comply with at least one of the conditions below. after listed:  

 

- The user has expressly consented to the processing;
- The processing is necessary for the proper performance of a contract;
- The processing meets a legal obligation;
- The processing is explained by a necessity linked to the safeguarding of the vital interests of the person concerned or of another natural person;
- The processing can be explained by a necessity linked to the performance of a task in the public interest or which comes under the exercise of public authority;
- The processing and collection of personal data is necessary for the purposes of the legitimate and private interests pursued by the controller or by a third party (in this case it will be necessary to explain which legitimate interest it is).  

 

B. TRANSMISSION OF DATA TO THIRD PARTIES

The personal data collected by the site is not transmitted to any third party, and is not processed by the site editor.  

 

C. DATA HOSTING

The NUITNOIRE site is hosted by: WIX, whose head office is located at the following address:  

 

500 Terry A Francois Blvd San Francisco

the host can be contacted at the following telephone number: 1-415-358-0857.  

 

The data collected and processed by the site is transferred to the following country(ies): United States. The processing of personal data outside the European Union is justified for the following reasons:

Wix's corporate headquarters are outside the European Union and Europe.  

 

 

ARTICLE 4: RESPONSIBLE FOR DATA PROCESSING AND DELEGATE FOR THE PROTECTION OF DATA  

 

 

A. THE DATA PROCESSOR  

 

The person responsible for processing personal data is: Moulaye Haidara. He can be contacted as follows:  

 

contact@labnuitnoire.com  

 

The data controller is responsible for determining the purposes and means of processing personal data.  

 

B. OBLIGATIONS OF THE DATA PROCESSOR  

 

The controller undertakes to protect the personal data collected, not to share them with third parties without the user having been informed and to respect the purposes for which  the data was collected.  

 

e has an a4n SSL certificate to guarantee that the information and data transfer passing through the site are secure.  

 

The SSL certificate ("Secure Socket Layer" Certificate) is intended to secure the data exchanged between the author and the site.  

 

The data processing manager undertakes to notify the user in the event of rectification or deletion of the data, unless this entails formalities, costs and procedures for him.

 

In the event that the integrity, confidentiality or security of the user's personal data is compromised, the controller undertakes to inform the user by any means.  

 

C. THE DATA PROTECTION OFFICER

Moreover, the user is informed that a Data Protection Officer has been appointed: Moulaye Haidara.  

 

The role of the Data Protection Officer and to ensure the proper implementation of criminal and supranational provisions relating to the collection and processing of personal data. It is sometimes called DPO (for Data Protection Obcer).  

 

The Data Protection Officer can be contacted as follows:  

 

contact@labnuitnoire.com  

 

 

ARTICLE 5: USER RIGHTS  

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In accordance with the regulations concerning the processing of personal data, the user assigns the rights listed below.  

 

The data controller is required to respond to the user within a maximum of 30 (thirty) days.  

 

A. PRESENTATION OF USER RIGHTS REGARDING DATA COLLECTION AND PROCESSING  

 

Conditions of access, rectification and right to erasure

 

The user can read, update, modify or request the deletion of the data concerning him, by respecting the procedure set out below:

 

If you no longer want us to process your data, please contact us at contact@labnuitnoire.com.  

 

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect as soon as they are posted on the website. If we make material changes to this policy, we will notify you here when we update it, so that you are aware of what information we collect, how we use it and under what circumstances, if any, we use it and/or disclose.  

 

The user has the right to request the deletion of his personal space by following the following procedure:  

 

If you no longer want us to process your data, please contact us at contact@labnuitnoire.com.  

 

If you wish to delete your account or unsubscribe, it will be possible to do so by following a link via the emails relating to these your subscriptions, or to do so directly on your account via the NUITNOIRE website.  

 

 

The right to data portability  

 

The user has the right to request the portability of his personal data, held by the site, to a site, by complying with the following procedure:  

 

If you wish to request the portability of your personal data to another site or service, please contact us at contact@labnuitnoire.com.  

 

The right to limit and oppose data processing  

 

The user has the right to request the limitation or to oppose the processing of his data by the site, without the site being able to refuse, except to demonstrate the existence of legitimate and compelling reasons, to prevail over the interests and user rights and freedoms.

 

If you wish to make a request to limit the processing of your data or to oppose their processing, please contact us at contact@labnuitnoire.com.  

 

It is possible to request the limitation of the processing of his data or to oppose the processing of data, the user must follow the following procedure:

 

Not be the subject of a decision based exclusively on an automated process  

 

In accordance with the provisions of Regulation 2016/679, the user has the right not to be the subject of an action based exclusively on an automated process if the decision produces legal effects concerning him, or significantly affects him similar way.  

 

Determine fate of data after death  

 

The user is reminded that he can organize what should be the future of his collected and processed data, in accordance with law n ° 2016-1321 of October 7, 2016.  

 

Refer to the competent supervisory authority 

 

the case where the data controller decides not to respond to the user's request, and the user wishes to contest this decision, or, if he thinks that one of the rights has been infringed listed above, he is entitled to refer the matter to the CNIL (Commission Nationale de l'Informatique et  des libertés, https://www.cnil.fr) or any competent judge.  

 

B. PERSONAL DATA OF MINORS  

 

In accordance with the provisions of Article 8 of European Regulation 2016/679 and the Data Protection Act, only minors aged 15 or over can consent to the processing of their personal data.  

 

The user is a minor under the age of 15, the agreement of a legal representative will be required so that personal data can be collected and processed.  

 

The director of the site reserves the right to verify by any means that the user is over 15 years old, or has obtained the agreement of a legal representative before browsing the site.  

 

 

ARTICLE 6: USE OF "COOKIE" FILES  

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The NUITNOIRE site may use "cookie" techniques.  

 

A "cookie" is a small file (less than 4 KB), stored by the site on the user's hard drive, containing information relating to the user's browsing habits.  

 

Files allow it to process statistics and information on traffic, to facilitate the 

the use of "cookie" files involving the saving and analysis of personal data, the consent of the user is necessarily requested.  

 

The user's consent is considered valid for a maximum period of 6 (six) months. At the end of this period, the site will again request the user's authorization to save "cookie" files on their hard drive.  

 

Opposition of the user to the use of "cookies" files by the site  

 

Cookies that are not essential to the operation of the site are only placed on the user's terminal after having obtained their consent. The user can withdraw his consent at any time, as follows:  

 

Access the "Cookie settings" window, at the bottom right of the site, to configure your cookie options at any time.  

 

More generally, the user is informed that he can oppose the recording of these "cookie" files by configuring his navigation software.  

 

For information, the user can find at the following addresses the steps to follow in order to configure their navigation software to oppose the recording of "cookie" files:  

 

Chrome: https://support.google.com/accounts/answer/61416?hl=fr

Firefox: https://support.mozilla.org/fr/kb/enable-and-disable-cookies-website-preferences

 

Safari: http://www.apple.com/legal/privacy/fr-ww/

 

Opera: http://www.opera.com/help/tutorials/security/cookies/

 

Internet Explorer: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies

 

In the event that the user decides to deactivate the "cookie" files, he may continue browsing the site. However, any malfunction of the site caused by this manipulation could not be considered as being due to the publisher of the site.  

 

Description of the "cookie" files used by the site  

 

The site editor draws the user's attention to the fact that the following cookies are used during navigation:  

 

• Cookie: Name: XSRF-TOKEN - Purpose: Used for security reasons - Duration: Session
• Cookie: Name: hs - Purpose: Used for security reasons - Duration: Session
• Cookie: Name: svSession - Purpose: Used in connection with user login - Duration: Session
• Cookie: Name: SSR-caching - Purpose: Used to indicate the system from which the site was rendered - Duration: Session

• Cookie: Name: XSRF-TOKEN - Purpose: Used for security reasons - Duration: Session
  • Cookie: Name: hs - Purpose: Used for security reasons - Duration: Session
  • Cookie: Name: svSession - Purpose: Used in connection with user login - Duration: Session
  • Cookie: Name: SSR-caching - Purpose: Used to indicate the system from which the site was rendered - Duration: Session
  • Cookie: Name: _wixCIDX - Purpose: Used for system monitoring/debugging - Duration: Session
  • Cookie: Name: _wix_browser_sess - Purpose: Used for system monitoring/debugging - Duration: Session
  • Cookie: Name: consent-policy - Purpose: Used for cookie banner parameters - Duration: Session
  • Cookie: Name: smSession - Purpose: Used to identify logged in site members - Duration: Session
  • Cookie: Name: TS* - Purpose: Used for security and anti-fraud reasons - Duration: Session
  • Cookie: Name: bSession - Purpose: Used for system effectiveness measurement - Duration: Session
  • Cookie: Name: fedops.logger.sessionId - Purpose: Used for stability/effectiveness measurement - Duration: Session
  • Cookie: Name: wixLanguage - Purpose: Used on multilingual websites to save user language preference - Duration: Session  

 

 

ARTICLE 7: CONDITIONS FOR MODIFICATION OF THE PRIVACY POLICY  

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This privacy policy can be consulted at any time at the address indicated below:

 

https://www.labnuitnoire.com/cgu

The publisher of the site reserves the right to modify it in order to guarantee its conformity with the law in force.  

 

The user is invited to regularly consult this privacy policy in order to keep informed of the latest changes that will be made to him.  

 

However, in the event of a substantial modification of this policy, the user will be informed as follows: 

By pop-up following the visit to the site on computer or mobile.  

 

brought to the user's attention that this privacy policy was last updated on: 02/21/2022.  

 

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Article 8 – ACCEPTANCE BY THE USER OF THE PRIVACY POLICY

 

 

By browsing the site, the user certifies that he has read and understood this privacy policy and accepts its conditions, with particular regard to the collection and processing of his personal data.

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SECTION 12     RETURN CONDITIONS

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You have a right of withdrawal of three (14) days  from the date of receipt of your entire order.

To exercise your right of withdrawal, You can make any declaration indicating your intention to return the product(s) to us by email.
www.labnuitnoire.com will then acknowledge receipt of your withdrawal.

You must then return the products no later than three (3) days following your withdrawal.

If the customer has worn or used the products,www.labnuitnoire.com reserves the right to refuse the request for exchange or refund linked to the return.

 

If a defect is present on the garment or if the package is refused by the customer for an eligible and validated reason (example: error on the order), then the costs related to the return are borne bywww.labnuitnoire.com , otherwise they will be the responsibility of the customer.

A delivery coupon will be issued to the customer in order to proceed with the return, by the carrier ofwww.labnuitnoire.com , namely UPS.

 

Returned Products must be intact and complete and must not have been subject to postage.

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SECTION 13     EXCHANGE CONDITIONS

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You have the option of requesting an exchange for a coin of the same amount or paying the difference.

The costs related to returns and the sending of the new product remain the responsibility of the customer.

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SECTION 14     REFUND CONDITION

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www.labnuitnoire.com undertakes to reimburse you for all sums paid for the product(s) requested (excluding shipping costs) upon receipt of your package.

The refund will be made either in the form of a credit note within 48 hours or by bank transfer within 10 days.

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SECTION 15     BILLING

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Late payment penalties (annual rate): 10.00%

No discount in case of early payment

Fixed compensation for recovery costs in the event of late payment: €40