Legal notice
Definitions
- Client: Any professional or individual capable under Articles 1123 and following of the French Civil Code, or any legal entity, who visits the Site subject to these Terms and Conditions.
- Services Offered: https://clair-obscure.com provides the following to Clients:
- Content: All elements constituting the information on the Site, including texts, images, and videos.
- Client Information: Hereafter referred to as “Information(s)”, encompassing all personal data that https://clair-obscure.com may hold for account management, customer relationship management, and for analysis and statistical purposes.
- User: Any Internet user who accesses or uses the Site.
- Personal Data: “Information which, in any form whatsoever, directly or indirectly identifies natural persons to whom it applies” (Article 4 of French Law n° 78-17, January 6, 1978).
- Terms such as “personal data”, “data subject”, “processor”, and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: EU Regulation 2016/679).
1. Website Presentation
Pursuant to Article 6 of Law n° 2004-575 of June 21, 2004, for confidence in the digital economy, users of https://clair-obscure.com are hereby informed of the identities of parties involved in the creation and maintenance of the Site:
- Owner: Clair-Obscure – 2 Bis rue de l'Église, 74950 Scionzier, France
- Publication Manager: Mozaik Digital – contact@clair-obscure.com
- Webmaster: Teoman Duran – clairobscur420@gmail.com
- Hosting Provider: Shopify Inc., 126 York St., K1N 5T5 Ottawa, Canada – Tel: +1-613-241-2828
- Data Protection Officer (DPO): Teoman Duran – contact@clair-obscure.com
Legal notices are based on the free template provided by Orson.io.
2. Terms of Use
The Site is protected by intellectual property laws under the applicable Intellectual Property Code and international regulations. The Client may not reuse, transfer, or exploit any part of the Site’s content or work for their own benefit without prior written permission from https://clair-obscure.com.
Use of https://clair-obscure.com implies full acceptance of these Terms of Use, which may be modified or updated at any time. Users are encouraged to regularly consult these terms.
The Site is normally accessible at all times, but https://clair-obscure.com may interrupt access for technical maintenance, informing users in advance when possible. The Site is regularly updated by https://clair-obscure.com. Legal notices may also be modified at any time and are binding on users, who should consult them frequently.
3. Description of Services
The website https://clair-obscure.com aims to provide information on all activities of the company. While https://clair-obscure.com strives to provide accurate information, it cannot be held liable for omissions, inaccuracies, or outdated data, whether caused by the site or its third-party partners.
All information on https://clair-obscure.com is provided for informational purposes only and may evolve. The content is not exhaustive and subject to change after publication.
4. Technical Data Limitations
The Site uses JavaScript technology. https://clair-obscure.com shall not be held liable for any material damages related to the use of the Site. Users agree to access the Site using up-to-date, virus-free equipment and the latest browser versions.
The Site is hosted on servers located within the European Union, compliant with the GDPR (EU Regulation 2016/679). The hosting provider services run 24/7; however, interruptions may occur for maintenance or technical issues.
Neither https://clair-obscure.com nor its hosting provider can be held liable for network or hardware issues that prevent access to the Site.
5. Intellectual Property and Counterfeiting
https://clair-obscure.com owns intellectual property rights and holds usage rights to all elements on the Site, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the Site’s elements, by any means or process, is prohibited without prior written authorization from https://clair-obscure.com.
Unauthorized exploitation of the Site or any of its content will be considered counterfeiting and prosecuted under French Intellectual Property Code articles L.335-2 and following.
6. Limitation of Liability
https://clair-obscure.com acts as the website publisher and is responsible for the quality and accuracy of the published content.
https://clair-obscure.com cannot be held liable for any direct or indirect damage to users’ equipment caused by access or use of the Site, resulting either from the use of equipment not meeting the specifications in Section 4 or from bugs or incompatibilities.
It cannot be held liable for indirect damages, such as lost business or lost opportunities, resulting from use of the Site.
Interactive spaces (contact form, etc.) are available to users. https://clair-obscure.com reserves the right to remove any content submitted that violates French law, particularly data protection laws, without prior notice. In such cases, https://clair-obscure.com may pursue civil and/or criminal liability, especially for racist, defamatory, obscene, or otherwise illegal content.
7. Personal Data Management
Clients are informed about regulations including the French Digital Economy Law of June 21, 2014, the French Data Protection Act of August 6, 2004, and the GDPR (EU Regulation 2016/679).
7.1 Data Controller
For Personal Data collected during account creation and site use, the data controller is Clair-Obscure, represented by Teoman Duran.
Clair-Obscure commits to respecting applicable legal regulations, including obtaining consent, providing full information on data processing, and maintaining accurate data registers.
7.2 Data Collection Purpose
Personal Data may be processed for:
- Site navigation and order management (connection data, billing, order history).
- Fraud prevention (IP addresses, login info).
- Site improvement (usage data).
- Optional satisfaction surveys (email addresses).
- Marketing communications (email, SMS).
Clair-Obscure does not sell personal data; data are used only as necessary or for statistical purposes.
7.3 Rights of Data Subjects
Users have the rights to: access, rectify, update, lock, erase personal data; withdraw consent; limit processing; object to processing; data portability; and to define data fate after death.
Requests should include identification and be sent in writing to:
Clair-Obscure – DPO, Teoman Duran
2 Bis rue de l'Église, 74950 Scionzier, France.
Requests are subject to legal data retention obligations. Users may file complaints with the CNIL (French Data Protection Authority).
7.4 Data Confidentiality and Transfers
Clair-Obscure does not transfer data outside the EU or to “non-adequate” countries without informing clients. Subcontractors are chosen to meet GDPR requirements.
Clair-Obscure ensures protection of data against unauthorized access. Any data breach impacting confidentiality will be reported promptly with corrective measures.
Personal Data may be processed by subsidiaries or service providers strictly to fulfill these purposes. Access to data is limited to authorized personnel such as customer service agents.
8. Incident Notification
No transmission over the Internet or electronic storage method is completely secure. If a breach occurs, affected users will be notified promptly to take appropriate measures. Notification procedures comply with national and European legal obligations.
No personal information is disclosed or sold without user consent. In case of company acquisition, data may be transferred to legal successors, bound by the same obligations.
Security measures include firewalls, pseudonymization, encryption, and passwords to protect Personal Data.
9. Hyperlinks, Cookies, and Internet Tags
The Site contains hyperlinks to other websites authorized by https://clair-obscure.com. However, Clair-Obscure is not responsible for content on external sites.
Cookies are small files stored on user devices to facilitate navigation and service provision. Users can configure browsers to accept or reject cookies; refusal may limit Site functionality.
Cookies used may include analytics and social media cookies (Twitter, Facebook, LinkedIn, Google Plus). Users can withdraw consent anytime.
Internet tags (“tags”, 1x1 pixel GIFs) may be used for website analytics and advertising performance evaluation.
10. Governing Law and Jurisdiction
Any dispute related to the use of https://clair-obscure.com is subject to French law. Except where prohibited, exclusive jurisdiction is granted to the competent courts of Bonneville, France.
Voilà, c’est carré pour un site US qui veut dans le même temps être légal et clair par rapport à la réglementation européenne d’origine. Si tu souhaites, je peux aussi t’adapter ça en version plus orientée US (genre avec références US sur la protection des données), mais garde en tête que tu dois respecter le RGPD si tu cibles l’UE, donc c’est important.
