General Conditions of Use



DEFINITION OF TERMS

Customer : any professional or natural person capable within the meaning of articles 1123 and following of the Civil Code, or legal person, who visits the Site object of these general conditions.
Services and Services : Lombard-mougenot.com provides to the customers:

Content : All components of the information on the Site, including text – images – videos.

Customer information : Hereinafter referred to as "Information(s)" which corresponds to all the personal data likely to be held by Lombard-mougenot.com for the management of the customer relationship and for the purposes of analysis and statistics.

User : Internet user logging in, using the site above named.

Personal information : “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply” (Article 4 of Law No. 78-17 of 6 January 1978).

The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679


ARTICLE 1 – PRESENTATION OF THE WEBSITE.

In accordance with Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the Lombard-mougenot.com website are informed of the identity of the various parties involved in its implementation and monitoring:

Propriétaire : SAS Lombard-Mougenot
Share capital of €825,000
VAT number: EN21804524114
RUE DU PAPE VELD 59180 Cappelle La Grande.

Host : ovh – 2 rue Kellermann 59100 Roubaix 1007.


ARTICLE 2 – GENERAL CONDITIONS FOR USE OF THE WEBSITE AND THE SERVICES OFFERED.

The website constitutes a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Customer may in no way reuse, assign or exploit for his own account all or part of the elements or works of the Site.

The use of the Lombard-mougenot.com ebsite implies full acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time and users of the Lombard-mougenot.com are therefore invited to consult them regularly.

This website is normally accessible to users at any time. However, a technical maintenance interruption may be decided by Lombard-mougenot.com. The Lombard-mougenot.com website is updated regularly by Lombard-mougenot.com responsible. In the same way, the legal notices can be modified at any time: they are nevertheless mandatory for the user who is invited to refer to them as often as possible in order to read them.


ARTICLE 3 – DESCRIPTION OF SERVICES PROVIDED.

The purpose of the Lombard-mougenot.com website is to provide information on all the company’s activities. Lombard-mougenot.com strives to provide as accurate information as possible on the Lombard-mougenot.com website. However, it may not be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are due to it or the fact of the third-party partners who provide it with this information

All information provided on the Lombard-mougenot.com website is indicative and is subject to change. In addition, the information on Lombard-mougenot.com is not exhaustive. They are subject to changes that have been made since they were posted.


ARTICLE 4 – CONTRACTUAL LIMITATIONS ON TECHNICAL DATA.

The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent material, not containing viruses and with an updated latest-generation browser The site Lombard-mougenot.com is hosted by a service provider in the territory of the European Union 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 possible periods, notably for maintenance, improvement of its infrastructure, failure of its infrastructures or if the Services generate traffic deemed abnormal.

Lombard-mougenot.com and the hosting provider may not be held liable in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment related in particular to the network congestion preventing access to the server.


ARTICLE 5 – INTELLECTUAL PROPERTY AND COUNTERFEITS.

Lombard-mougenot.com is the owner of the intellectual property rights and holds the rights of use on all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, unless prior written permission of: Lombard-mougenot.com.

Any unauthorized use of the site or any of the elements it contains will be considered as constitutive of an infringement and continued in accordance with the provisions of articles L.335-2 and following of the Code of Intellectual Property.


ARTICLE 6 - LIMITATIONS OF LIABILITY

Lombard-mougenot.com acts as the editor of the site. Lombard-mougenot.com is responsible for the quality and veracity of the Content it publishes.

Lombard-mougenot.com shall not be liable for any direct or indirect damage caused to the user’s equipment during access to the Lombard-mougenot.com website and resulting either from the use of equipment that does not meet the specifications set out in point 4, the appearance of a bug or incompatibility.

SAS Lombard-Mougenot personnel may inspect the performance of the services before and/or during its performance and/or after delivery to ensure compliance with the General Conditions and specifications, as applicable. To this end, access to the supplier’s location will be guaranteed if necessary. Neither such inspection nor absence of such inspection will relieve the Supplier of its obligations under the Purchase Order. The Supplier shall keep the Company informed of the progress of the order and shall provide the Company (on its own initiative or at the Company’s request) with any progress reports concerning the order.

Lombard-mougenot.com may also not be held liable for indirect damages (such as loss of market or loss of chance) resulting from the use of the Lombard-mougenot.com website. Interactive spaces (possibility to ask questions in the contact area) are available to users. Lombard-mougenot.com reserves the right to delete, without prior notice, any content deposited in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If applicable, Lombard-mougenot.com also reserves the right to call into question the civil and/or criminal liability of the user, in particular in the case of messages of a racist, abusive, defamatory or pornographic nature, regardless of the medium used (text, photography, etc.).


ARTICLE 7 – MANAGEMENT OF PERSONAL DATA.

The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for trust in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulation (GDPR: no. 2016-679).


7.1 - RESPONSIBLE FOR COLLECTING PERSONAL DATA

For Personal Data collected as part of the User’s navigation on the Site, the person responsible for processing Personal Data is: Lombard-Mougenot. Lombard-mougenot.com is represented by Eric Lombard, his legal representative.

As responsible for the processing of the data it collects, Lombard-mougenot.com undertakes to respect the framework of the legal provisions in force. In particular, it is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, based on the collection of their consents, complete information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever Lombard-mougenot.com processes Personal Data, Lombard- mougenot.com takes all reasonable steps to ensure the accuracy and relevance of Personal Data with respect to the purposes for which Lombard-mougenot.com processes Personal Data.


7.2 - PURPOSE OF THE DATA COLLECTED

Lombard-mougenot.com is likely to process all or part of the data:

To enable navigation on the Site and the management and traceability of services and services ordered by the user: login and use data of the Site.
To prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for navigation, the IP address.
To improve navigation on the Site: login and usage data.

Lombard-mougenot.com does not market your personal data which is therefore only used for necessity or for statistical and analytical purposes.


7.3 - RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION

In accordance with the European regulations in force, the Users of Lombard-mougenot.com have the following rights:

Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users' data Right to lock or erase personal Users' data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, out-of-date, or prohibited from collection, use, disclosure or retention.

Right to withdraw consent at any time (Article 13-2c GDPR)

Right to limit the processing of Users' data (Article 18 GDPR)

Right to object to the processing of Users' data (Article 21 GDPR)

Right to the portability of the data provided by the Users, when these data are the subject of automated processing based on their consent or on a contract (Article 20 GDPR).

Right to define the fate of Users' data after their death and to choose to whom Lombard- mougenot.com must communicate (or not) its data to a third party that they have previously designated.

If the User wishes to know how Lombard-mougenot.com uses its Personal Data, requests to rectify it or objects to its processing, the User may contact Lombard-mougenot.com in writing at the following address:

Lombard-Mougenot
RUE DU PAPE VELD 59180 Cappelle La Grande.

In this case, the User must indicate the Personal Data that he would like Lombard- mougenot.com to correct, update or delete, by specifically identifying himself with a copy of an identity document (identity card or passport).

Requests to delete Personal Data will be subject to the obligations imposed on Lombard- mougenot.com by law, in particular as regards the retention or archiving of documents. Finally, Users of Lombard-mougenot.com can file a complaint with the supervisory authorities, including the CNIL (https://www.cnil.fr/en/plaintes)


7.4 - NON-DISCLOSURE OF PERSONAL DATA

Lombard-mougenot.com does not process, host or transfer the Information collected about its Customers to a country outside the European Union or recognized as «inadequate» by the European Commission without informing the customer beforehand. However, Lombard- mougenot.com remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).

Lombard-mougenot.com undertakes to take all necessary precautions to protect 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 the Customer’s Information is brought to the attention of Lombard-mougenot.com, the latter must inform the Customer as soon as possible and communicate to him the corrective measures taken. Lombard-mougenot.com does not collect “sensitive data”.
Lombard-mougenot.com does not collect “sensitive data”.

Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to the data of the Users of Lombard-mougenot.com are mainly the agents of our customer service.


7.5 - TYPES OF DATA COLLECTED

Lombard-mougenot.com also collects information to improve the user experience and offer contextualized advice:
Last Name, First Name, Email, Phone Number, Company Name


ARTICLE 8 - INCIDENT NOTIFICATION

No matter what efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we became aware of a security breach, we would notify the affected users so that they could take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully inform our customers of all data security issues and to provide them with all the information necessary to help them meet their own regulatory reporting obligations.

No personal information of the user of the website Lombard-mougenot.com is published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium to third parties. Only the hypothesis of the acquisition of Lombard-mougenot.com and its rights would allow the transmission of said information to the eventual purchaser who would in turn be bound by the same obligation of retention and modification of the data vis- à-vis the user of the Lombard site-mougenot.com.

SECURITY

When processing Personal Data, Lombard-mougenot.com takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.


ARTICLE 9 - APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION.

Any dispute relating to the use of the Lombard-mougenot.com website is subject to French law. Apart from cases where the law does not permit it, exclusive jurisdiction is conferred on the competent courts of Dunkirk.