J.J. Mortier & Cie - Négociant en vin - Bordeaux
J.J. Mortier & Cie - Négociant en vin - Bordeaux

Legal Notice

Mortier - Négociant en vin

Definitions

Customer: any professional or natural person defined as capable in Articles 1123 and following of the French Civil Code, or any legal entity, who visits the Site that is the subject of these general conditions.

Services:https://www.mortier.com/ makes available to Customers:

Content: All the elements constituting the information present on the Site, including texts, images, and videos.

Customer information: Hereinafter referred to as "Information" which corresponds to all personal data that may be held by https://www.mortier.com/ for the management of your account, customer relationship management and for analytical and statistical purposes.

User: Any person accessing and using the above-mentioned website.

Personal information: "Information that enables, in any form whatsoever, directly or indirectly, the identification of natural persons to whom it applies" (article 4 of law No. 78-17 of 6 January 1978).

The terms "personal data", "person concerned", "subcontractor" and "sensitive data" have the meanings defined in the General Data Protection Regulations (GDPR: No. 2016-679).

  1. Presentation of the internet site.

According to article 6 of French law no. 2004-575 of 21 June 2004 on trust in the digital economy, users of the websitehttps://www.mortier.comare informed of the identity of the various parties involved in its creation, operation and monitoring:

Owner: SA J.J MORTIER ET CIE Share capital of 766,072 EUR - 62 BOULEVARD PIERRE 1ER 33000 BORDEAUX

Publication manager: Mr Jerome FAUGERE - faugere@mortier.com
The publication manager may be a natural person or a legal entity.
Webmaster: Clovis DURAND-MOLDAWAN - hello@mortier.com
Hosting: Gandi – 63-65 Boulevard Masséna 75013 Paris 01 70 37 76 61
Data protection officer: Christel SUIFFET – christel@mortier.com

  1. General terms of use for the site and services offered.

The Site is an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations.
Customers may in no way reuse, transfer or exploit all or part of the elements or work represented by the Site for their own purposes.

The use of the https://www.mortier.com site implies full acceptance of the general terms of use as set out below. These terms of use may be amended or supplemented at any time, users of thehttps://www.mortier.comsite are therefore invited to consult them on a regular basis.

This website is normally accessible to users at all times. However, it may be necessary to carry out technical maintenance resulting in an interruption to access;https://www.mortier.comwill make every effort to communicate the dates and times of such interruptions in advance.
The website https://www.mortier.com/ is regularly updated by the https://www.mortier.com/ manager. Similarly, the legal notices may be changed at any time; they are nevertheless binding on the user who is invited to refer to them as often as possible in order to remain aware of them.

  1. Description of the services provided.

The https://www.mortier.com/ website is intended to provide information concerning all of the company's activities.
https://www.mortier.com/ strives to ensure that information on the https://www.mortier.com/ site is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies, or oversights in the updates, caused by itself or by third-party partners who provide it with information.

All the information on the https://www.mortier.com site is given for guideline purposes and is subject to change. Furthermore, information on the https://www.mortier.com site is not exhaustive. It is provided subject to changes that may have been made since it was put online.

  1. Contractual limitations on technical data.

The Site uses JavaScript technology.

The Site cannot be held liable for any material damage related to the use of the Site. Furthermore, users of the site undertake to access the Site using recent equipment, protected against and not infected with viruses, with a latest-generation updated browser.
The https://www.mortier.com/ site is hosted by a service provider in the European Union territory, in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest periods possible, for the purposes of, among other things, maintenance, improvement of infrastructure, failure of infrastructure or if the Offerings and Services generate an abnormal amount of traffic.

https://www.mortier.com/ and the host cannot be held liable in the event that there is a malfunction of the Internet network, telephone lines or any IT or telephone equipment, particularly due to network congestion preventing access to the server.

  1. Intellectual property and infringement.

https://www.mortier.com/ owns the intellectual property rights and holds the usage rights for all elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds.
Any reproduction, representation, modification, publication, adaptation of all or part of the Site’s elements, by any means or procedure whatsoever, is prohibited, except with the prior written permission of https://www.mortier.com/.

Any unauthorized use of the site or any of the elements contained therein shall be considered as constituting infringement and pursued in accordance with the provisions of articles L.335-2 and following of the French Intellectual Property Code.

  1. Limitation of liability.

https://www.mortier.com/ acts as the publisher of the site. https://www.mortier.com/ is responsible for the quality and veracity of the Content it publishes.

https://www.mortier.com/ cannot be held liable for any direct or indirect damage to users’ equipment when accessing the https://www.mortier.com/ site, resulting from the use of equipment not meeting the specifications indicated in point 4, or due to bugs or incompatibilities.

https://www.mortier.com/ will also not be liable for any indirect damage (such as loss of contracts or loss of opportunities) resulting from the use of the https://www.mortier.com/ site.
Interactive spaces (the possibility of asking questions in the contact section) are available to users. https://www.mortier.com/ reserves the right to remove, without notice, any content deposited in this space that would violate applicable legislation in France, in particular provisions relating to data protection. If appropriate, https://www.mortier.com/ also reserves the right to pursue users’ civil and/or criminal liability, in particular in the case of any message of a racist, abusive, defamatory, or pornographic nature, whatever the medium used (text, image, etc.).

  1. Management of personal data.

The Customer is informed of the regulations concerning marketing communication, the French law of 21 June 2014 for Confidence in the Digital Economy, the Data Protection Act of 6 August 2004 and the General Regulations on Data Protection (GRDP: no. 2016-679).

7.1  Responsibility for the collection of data personal

For Personal Data collected in the context of the creation of the User's personal account and their navigation on the Site, the entity responsible for processing Personal Data is: J.J MORTIER ET CIE. https://www.mortier.com/is represented by Mr Jerome FAUGERE, its legal representative.

As the entity responsible for processing the data it collects, https://www.mortier.com/ undertakes to respect the framework of the legal provisions in force. In particular, it must inform the Customer of the purposes of its data processing, provide its prospective customers and customers, on the basis of obtaining their consent, with full information on the processing of their personal data and maintain a processing register in accordance with reality.
Whenever https://www.mortier.com/ processes Personal Data, https://www.mortier.com/ takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://www.mortier.com/ is processing said data.

7.2 Purpose of the data collected

https://www.mortier.com/ may process all or part of the data:

    • to enable browsing on the Site and the management and traceability of services ordered by the user: data relating to connection to and use of the Site, invoicing, order history, etc.
    • to prevent and fight against computer fraud (spamming, hacking, etc.): computer hardware used for browsing, IP address, password (hashed)
    • to improve navigation on the Site: connection and usage data
  • to conduct optional satisfaction surveys on https://www.mortier.com/: email address
  • to carry out communication campaigns (sms, email): telephone number, email address

https://www.mortier.com/ does not sell your personal data, which is only used out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification and objection

In accordance with the European regulations in force, Users of https://www.mortier.com/ have the following rights:

    • the right of access (article 15 GDPR) and rectification (article 16 GDPR), updating, completeness of Users' data, right to block or delete Users' personal data (article 17 GDPR), when it is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited
    • the right to withdraw consent at any time (article 13-2c GDPR)
    • the right to limit the processing of Users' data (article 18 GDPR)
    • the right to object to the processing of Users' data (article 21 GDPR)
    • the right to the portability of data provided by Users, when such data is subject to automated processing based on their consent or on a contract (article 20 GDPR)
    • the right to determine what happens to Users' data after their death and to designate third parties to whom https://www.mortier.com/ should communicate (or not) their data.

As soon as https://www.mortier.com/ is aware of the death of a User and in the absence of instructions from them, https://www.mortier.com/ undertakes to destroy their data, unless its retention proves necessary for the purposes of providing proof or compliance with a legal obligation.

If the User wishes to know how https://www.mortier.com/ uses their Personal Data, or to ask for it to be rectified or to oppose its processing, the User may contact https://www.mortier.com/ in writing at the following address:

J.J MORTIER ET CIE – DPO, Christel SUIFFET
62 BOULEVARD PIERRE 1ER 33000 BORDEAUX.

In this case, the User should indicate the Personal Data that they want https://www.mortier.com/ to correct, update or delete, and provide identification in the form of a copy of an identity card or passport.

Requests for deletion of Personal Data will be subject tohttps://www.mortier.com/’s legal obligations, in particular with regard to the keeping or archiving of documents. Finally, Users of https://www.mortier.com/ can file a complaint with the supervisory authorities, and in particular the CNIL (French data Protection Authority) (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

https://www.mortier.com/ will not process, host or transfer Information collected about its Customers to a country outside the European Union, or recognized as not providing an adequate level of protection by the European Commission, without giving the Customer prior notice. Nonetheless, https://www.mortier.com/ remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulations (GDPR: no. 2016-679).

https://www.mortier.com/ undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Customer Information is brought to the attention of https://www.mortier.com/, the latter must inform the Customer as soon as possible and inform them of the corrective measures taken. Furthermore, https://www.mortier.com/ will not collect any “sensitive data”.

Users’ Personal Data may be processed by subsidiaries of https://www.mortier.com/ and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective roles and for the purposes mentioned above, the main persons likely to have access to the data of the Users of https://www.mortier.com/ are our customer service agents.

  1. Incident notification

Whatever precautions are taken, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security.
If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, at the national and European level. We are committed to keeping our customers fully informed of all matters relating to the security of their accounts and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.

No personal information relating to users of the https://www.mortier.com/ site is published, exchanged, transferred, assigned or sold in any format to third parties without the user's knowledge. Only the hypothetical sale of https://www.mortier.com/ and its rights would allow the passing on of the above information to a possible purchaser who would, in turn, have the same duty of keeping and modifying data of users of the https://www.mortier.com/ site.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.mortier.com/ uses networks protected by standard features such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, https://www.mortier.com/takes all reasonable steps to protect against its loss, misuse, unauthorized access, disclosure, alteration or destruction.

  1. Hypertext links, cookies, and Internet tags

The https://www.mortier.com/ site contains hyperlinks to other websites, set up with the authorization of https://www.mortier.com/. However,https://www.mortier.com/is not able to verify the content of such sites and cannot be held liable in any way for the consequences of visiting them.

Unless you decide to disable cookies, you accept that the site may use them. You can disable cookies at any time, free of charge, using the deactivation options available to you mentioned below, bearing in mind that this may reduce or prevent access to all or part of the Services offered by the site.

9.1. COOKIES

A cookie is a small information file sent to the User's browser and stored on the User's device (computer, smartphone, etc.), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet service provider, the User's operating system, and the date and time of access. There is no risk of damage to the User's terminal from Cookies.

https://www.mortier.com/ may process information concerning the User’s visit to the Site, such as the pages consulted, and searches carried out. This information enables https://www.mortier.com/ to improve the Site’s content and the User's navigation experience.

Since Cookies facilitate the navigation and/or provision of services offered by the Site, Users can configure their browsers to decide whether or not to accept them: Cookies may be stored on the device or, conversely, rejected, either systematically or depending on their sender. Users may also configure their browser so that the possibility of accepting or refusing Cookies is offered each time there is a possibility that a Cookie could be stored on their device. https://www.mortier.com/ informs the User that, in this case, it is possible that not all of their browser’s functionalities may be available.

If the User refuses to save Cookies on their device or browser, or if the User deletes Cookies that have been saved, the User is informed that their browsing experience on the Site may be limited. This could also be the case if https://www.mortier.com/ or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.

Should any such cases arise, https://www.mortier.com/ declines all responsibility for any consequences related to the limited operation of the Site and of any services offered by https://www.mortier.com/ resulting from (i) the User's refusal to accept Cookies (ii) the impossibility of https://www.mortier.com/ being able to save or consult Cookies necessary for their operation due to the User's choice. The configuration of each browser is different in terms of the management of cookies and User preferences. Configuration details can be found in the browser’s help menu, which should enable the User to find out how to change their cookie preferences.

Users may consult and modify their settings regarding Cookies at any time. https://www.mortier.com/ may also use the services of external service providers to assist it in collecting and processing the information described in this section.

Lastly, by clicking on the icons for social networks such as Twitter, Facebook, Linkedin and Google Plus on the https://www.mortier.com/ site or in its mobile application, and if the User has accepted the saving of cookies by continuing to browse the https://www.mortier.com/website or mobile application, then Twitter, Facebook, Linkedin and Google Plus may also store cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only saved on your devices if you consent to them by continuing your navigation on the https://www.mortier.com/website or mobile application. Users may nevertheless withdraw their consent at any time to https://www.mortier.com/ storing these kinds of cookies.

Article 9.2 INTERNET TAGS

https://www.mortier.com/ may occasionally use Internet tags (also known as single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and thus store corresponding information, including the User's IP address) in a foreign country.

These tags are placed in online advertisements that give Internet users access to the Site, and on various pages of the Site.

This technology allows https://www.mortier.com/ to assess visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the User's use of the Site.

The external service provider may collect information about visitors to the Site and other Internet sites using these tags, and compile reports on the Site’s activity for the attention of https://www.mortier.com/, and provide other services related to the use of the Site and the Internet.

  1. Applicable law and jurisdiction

Any dispute arising in connection with use of the https://www.mortier.com/ site is subject to French law.
Except in cases not permitted by the law, the competent courts of Bordeaux shall have exclusive jurisdiction.

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