General Terms & Conditions of Use and Privacy Policy

 

The purpose of these General Terms & Conditions of Use is to set down the principles and conditions under which PAYSAGEA SAS grants the user a non-exclusive and non-transferable right to use the site for the user’s internal needs only.
By clicking to read an electronic version of these T & Cs, you hereby accept all the terms of this Agreement.

1. Site publishers

The Monjardin-Materrasse.com site is published by PAYSAGEA SAS, 94 allée des mésanges in Puget sur Argens (83480).

PAYSAGEA SAS’s representative is Frédéric Morisset, Chairman.

The service provider hosting and developing the Monjardin-Materrasse.com site is T’knoweb, 38330 Montbonnot Saint Martin.

2. General presentation of the site

The “Monjardin-Materrasse” website is a site that publishes 2D garden and terrace development projects. It is open to everyone and offers a secure space to all its users.

The information available on this site constitutes a service offering, an offer or a recommendation for the offer of these services at the user’s sole request.

The user specifically acknowledges he/she has received all the information required to enable him/her to assess the suitability of the software to his/her needs and to take all necessary precautions when implementing and operating said software.
Under no circumstances shall PAYSAGEA SAS be required to repair any direct or indirect damage, even if it has been informed of the possibility of such damage.
The user will be solely responsible for the use he/she makes of the software.
By using this site, the user accepts the terms and conditions of use and acknowledges he/she is aware of the warning notices present on the website. The publisher invites users of this site to read these conditions each time they visit the site.

3. Privacy policy

Privacy notice

Effective date: May 25, 2018

This notice describes how Paysagea (“we” or “our”) collects and processes personal information about you through its MonJardin-Materrasse.com website, how we use and protect such information and your rights with respect to such information.

This privacy notice applies to all personal data that we collect or process about you. Personal data are data, or a set of data, that could reasonably be used to identify you.

  1. The personal data we collect

We collect personal data about you from a variety of sources, including directly from you (e.g. when you contact us or create an account), information we generate about you in the course of our relationship with you (e.g. data collected through cookies or other similar technologies described in our cookies policy) and information we collect about you from other sources, including commercially available sources, such as databases (where permitted by law).

The law may require that we collect certain personal data items about you as part of any contractual relationship we may have with you. Any failure to communicate such information may prevent or delay the fulfilment of said obligations.

Information We Collect Directly From You

The categories of information that we may collect directly from you include the following:

  • Personal data (surname, first name);
  • Contact details (phone number, email address, postal address or mobile number);
  • Account information (username and password);
  • Communications (g. when you participate in our blog, post a comment or contact us with a question, comment or request via email, online chat etc.).

Information We Collect About Your Use of the Services

The following examples illustrate the categories of information we may use about you:

  • Technical information collected on your computer or mobile device (g. your IP address, browser type, operating system);
  • Information about your use of our websites (e.g. the pages you visit when you use the Services, the search terms you use on the Services, how frequently you use the Services and the pages you view before and after accessing the Services);
  • Information that we generate as a result of your use of the Services (e.g. your areas of interest are determined based on your use of the Services and whether you are a regular or occasional user of the Services).
  • Information about your project (e.g. type of garden/terrace/balcony, type of property, budget if mentioned, location of work)
  1. How we use your personal information and the basis on which we use it

We may use your personal information for the following purposes:

  • Identification and authentication: we use your identification information to verify your identity when you access and use our Services and to protect your personal information. We do this in order to meet our contractual obligations to you.
  • Operation of the Services: we process your personal information to provide the Services you have requested. We do this in order to meet our contractual obligations to you.
  • Service Improvement: we analyse information about how you use our Services to provide the best user experience across all of our Services, including product testing and site analytics. It is in our legitimate business interest to use the information obtained for this purpose, so that we can understand any issues with our Services and improve them.
  • Communicating with you: we may use your personal data to communicate with you, for example if we provide information about changes to the terms and conditions or if you contact us with any questions. It is in our legitimate business interests to be able to provide you with appropriate responses and notifications regarding our Services.
  • Marketing: we may use your personal data to better understand your preferences and needs in order to accordingly personalise the advice, recommendations and information we send to you. It is in our legitimate business interest to provide more relevant and interesting messages. Any marketing will only be carried out with those people who have opted in for this by checking the corresponding box when they signed up. We thereby obtain your consent to send you this type of marketing message.
  • Exercising our rights: we may use your personal data to exercise our legal rights when necessary to do so, for example to identify, prevent and address fraudulent requests, requests that infringe intellectual property laws or that breach the law or our Terms of Service, described below.
  • Compliance with our obligations: we may process your personal data to perform fraud prevention checks or comply with other legal or regulatory requirements when this is explicitly required by law.
  • Customising the user experience: when you use the Services, we may use your personal data to improve the manner in which you experience the Services, by providing you with interactive or customised elements about the Services and content based on your personal interests for example.

We may also anonymise your personal data, so that you cannot be reasonably re-identified by our company or any other company, and we may use such anonymised information for any other purpose.

  1. How and how often is your personal data shared

We may share your personal data with third parties, when you give us permission to do so via the opt-in check button, in the following circumstances:

  • Service Providers and Business Partners: We may share your personal data with our service providers and business partners who provide marketing services and carry out other business operations on our behalf for the purposes set out above. For example, we may partner with other companies to make secure payments, fulfil orders, optimise services, provide targeted online advertising, send newsletters and marketing messages, facilitate email and messaging services and information analysis.
  • If required by law: we may share your personal data with legal authorities, courts, other government authorities or other third parties when we believe this is required to comply with a legal or regulatory obligation or to otherwise protect our rights or the rights of a third party.
  • In the context of a transaction: we may share your personal data with potential business partners, service providers, advisers and other third parties for the purpose of reviewing, negotiating or completing a business transaction by which our company is acquired or merged with another company, or when we sell or dispose of all or part of our assets or our business. If such sale or transfer takes place, we will make every reasonable effort to compel the entity to whom we transfer your personal data to use said data in accordance with this Privacy Policy.
  1. Your rights with respect to your personal data

Local legislation affords you certain rights with respect to the personal data we hold about you. These rights may include rights to access, rectify, delete, restrict or object to our use of your personal information, or the right to the portability of such information in the form of a workable electronic copy of this information. You may also file a complaint with your local data protection authority.

We invite you to contact us using the contact details provided below to update or correct your data in the event of any change or if the personal data we hold about you are inaccurate. The consent you give us to use your personal data can be withdrawn by you at any time.

Please note that we may need additional information from you in order to process your requests.

  • If you wish to exercise any rights you may have under the law, please contact us by email at info@monjardin-materrasse.com or by post at PAYSAGEA SAS – Service RGPD - 94 Allée des chickadees – 83480 Puget sur Argens – FRANCE
  1. Automated decisions about you

Automated decisions are taken concerning you based on your personal data for the following purposes:

  • to send you customised offers, discounts or recommendations based on your browsing history and use of the site;

Subject to local legal requirements and restrictions, you may contact us to object to the use of automated decisions.

  1. Information security and storage

We implement physical, technical and organizational security measures to protect the personal information we process in the course of providing our Services. The purpose of these measures is to protect the integrity of your personal data and ensure they remain confidential at all times. These measures are under constant review and are updated regularly. However, no information system is completely secure and we cannot therefore guarantee your data will remain absolutely secure in all circumstances.

We store your personal data for the duration of our relationship with you. Our legal obligations are one factor we consider when deciding how long to keep your personal data after our relationship with you ends. We may also keep records for investigative purposes or to defend ourselves in any potential legal proceedings.

  1. Contact us for your personal data

Paysagea is the data controller responsible for the personal information we collect and process.

If you have any questions or concerns about the way your personal data is used, please contact us:

  • By email at: info@monjardin-materrasse.com
  • By post at the following address:

PAYSAGEA SAS - Service RGPD - 94 Allée des mésanges - 83480 Puget sur Argens - FRANCE

We are committed to working with you to resolve any complaints or privacy concerns you may have. If, however, you believe that we have not been able to help you with your complaint or problem, you are entitled to lodge a complaint with the data protection authority in your country.

  1. Changes to the GDPR Policy

We may change or update this privacy policy at any time. We will notify you before applying any changes that significantly impact the way we treat your personal data.

4. Cookies

The publisher wishes to inform users that the traffic data and cookie files that can be installed on their computers have one sole purpose: to run internal analyses of site traffic to the various site pages in order to improve the said pages and the content on such pages.

The publisher wishes to specify that users can set their browser software to oppose the placing of cookies on their computer.

5. Site updates

The information on this site comes from sources we believe to be reliable. However, the publisher cannot guarantee that these data when posted on this site are free of material error.

The publisher reserves the right to correct these data as soon as these errors are brought to its attention and, more generally, to modify all or part of this site at any time without notice, without thereby incurring its liability on any grounds. The same provision applies to our sales conditions.

6. Intellectual property

This site is a work protected by intellectual property law. This protection extends to the site’s tree structure and the data displayed on the site such as brands, logos, graphics, photographs as well as all other data.

Thus, the publisher informs users that any reproduction, representation, publication, transmission or more generally any unauthorised use of this site and the information featured therein incurs their liability and may result in legal proceedings against them especially in the event of counterfeiting.

The user waives any copyright to the garden landscapes he/she may design on this site. These are and remain the property of PAYSAGEA SAS. By accepting these General Terms and Conditions of Use, the user accepts that the creations he/she makes in the form of examples or templates may be distributed by all means without any consideration being due, except where the user takes up the pay-for option in which case the user’s creations will not be distributed.

7. Hypertext links

This site provides links to other websites. The publisher has no control over these sites and external sources. These links are provided “as is” and are offered to users for convenience purposes only.

The publisher can in no way be held liable for the content of these sites.

8. Use of the site

The user of this site specifically acknowledges and accepts that:

  • He/she uses this site under his/her entire and sole responsibility.
  • The publisher does not provide the user with any explicit or implied guarantee as to the quality or suitability of the site for a specific purpose.
  • The publisher does not guarantee:

    • that the site will perfectly meet the user’s expectations;
    • the actual use and durability of the elements presented: plants, fittings, objects, and others ...
    • that the site will be exhaustive, uninterrupted, timely, secure or free of any errors;
    • that the results that can be obtained using the site will be accurate and reliable at all times.
  • The user acknowledges that the photos and images on the site are presented solely for the purpose of helping the user design their project and are not contractually binding;
    • The user acknowledges that, due to the living nature of the proposals made consisting of plants, the result is in no way binding on the publisher.
  • The use and/or downloading of any material while using the site will be at the user’s own risk. The user will be solely responsible for any damage to their computer or any loss of data resulting from this download and/or use.

More generally, the publisher can in no way be held liable in the event of direct and/or indirect damage resulting from the use of this site or the inability to access this site. The user will bear all risks associated with the use of the Software. PAYSAGEA SAS cannot be held liable to repair any direct or indirect damage resulting from an interruption in use, a loss of data and information, loss of profit, interruption of activities or any other losses resulting from downloading, or the inability to download, the Software.

  • Any use of documents from this website must acknowledge the source.
    Finally, the newsletters that may be obtained by the user on this site, being of a general nature, can in no way incur the liability of the Publisher.
  • The publisher undertakes to keep the projects/creations/photos uploaded for a maximum of two (2) years.

In addition, the user undertakes not to use this site in particular:

  • to send, email or otherwise communicate any illegal or malicious
  • to post or transmit by email any content that it is in breach of any patent, registered trademark, trade secret and more generally any intellectual property right or any property and/or personality right.
  • to post or transmit by email any content containing computer viruses or any other code, file or programme designed to interrupt, destroy or limit the functionality of this site.
  • to collect and store personal data relating to one or more other users.

Otherwise, users’ civil and/or criminal liability may be incurred.
General information concerning the “Monjardin-Materrasse.com” website.
This site is governed by French law, is subject to the French courts and has French as its official language.
The publisher reserves the right to refuse access to all or part of this site to users who do not comply with these terms and conditions of use.

9. SEVERABILITY

In the event of a court ruling that a clause in these terms and conditions is null or unenforceable, this shall have no impact on the other clauses in this Agreement which shall remain fully applicable.

10. ENTIRE AGREEMENT

These T & Cs are valid for Contract and constitute the entire agreement between the user and PAYSAGEA SAS concerning its subject matter. It cancels and replaces all written or oral communications, proposals, declarations and guarantees, present or past, and prevails over any contradictory or additional provision of any other estimate, order, confirmation or communication between the parties concerning the subject matter of the Contract, and this, for the duration of the Contract. This contract can be modified at any time by PAYSAGEA SAS without having to notify the user.

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