Legal information

Legal information

  • Present the person who the visitor interacts with by visiting the web page.
  • Allow the visitor to contact the publisher/hoster, possibly, in case of dispute. The legal notices therefore have a mission of protection for the visitor, he will know, if necessary, to whom to turn.
  • Verify the reliability of the site and enhance its credibility.
  • identification of site managers;

  • The legal notice are the information that allows the internet user to identify you.

    The legal statements are mandatory on any professional website and must be easily accessible.

    They can be inserted in your general conditions of sale (GTC) or in a dedicated page.

    You must provide the following information:

  • Company identity :
  • your surname, first name and address. If you are an individual contractor (including micro-entrepreneur), your first and last names are accompanied by the individual contractor or the initials EI.
  • Registration number to RCS: RCS: Trade and Company Register
  • Mail and phone number to contact your company
  • VAT identification number
  • Host identity: Company responsible for storing on its servers the data on the website of the site: name or corporate name, address and telephone number
  • If you exercise regulated activity and subject to authorisation (e.g. pharmaceutical or beverage delivery): name and address of the authority issuing the authorisation.

  • Attention

    Failure to comply with this information requirement is punishable by'1 year imprisonment and €75 000 fine.

  • professional activity;
  • the use of cookies;
  • use of personal data.

The use of a website implies the fulfilment of obligations related to the protection of personal data internet users.

One personal data refers to any information relating to an identified or identifiable natural person, directly or indirectly, through an identifier or one or more elements specific to its identity.

This may include, for example, a name, first name, e-mail address, location, ID number, IP address, photo.

On your merchant site, you can collect this personal data to build customer files provided you respect regulations in force.

Thus, beyond general obligation of security and confidentiality personal data collected, you have 2 obligations to be respected:

  • Obtain user consent

There are situations where the user's information alone is not sufficient.

You must also obtain consent when you do any of the following:

  • Sending commercial emails (newsletter) : you must obtain the user's explicit consent unless he or she has already purchased a similar product in your company or is a professional.
    You must also give him the means to refuse to receive new advertisements by offering an unsubscribe at the end of the email.
  • Use of cookies these are tracers that analyze the user's navigation, travel and viewing or consumption habits to allow for the display of targeted advertisements.

You must allow the user to consent by a clear positive act a request for consent made by means of check boxes is easily understood by users. The use of a pre-checked box assuming the consent of the person is prohibited.

The silence of people, which can go through the simple pursuit of their navigation, must be interpreted as a refusal.

You must also allow the user to make a choice by purpose it is recommended to allow the user to give their consent independently and specifically for each purpose (customer management, satisfaction survey, prospecting, etc.).

It is possible to propose to the user to agree in a global way to a set of purposes, by integrating buttons "All accept" or "All refuse", but only if all the purposes are presented in advance.

Attention

The computer processing of data collected without consent is punishable by 5 years' imprisonment and a fine of €300,000.

To know

France Num provides you with a manual for use ensure your client file complies with the GDPR.

Inform the Internet user

The collection of personal data shall be carried out in such a way as to transparent.

So you have to inform internet user on your website at the time of data collection (e.g. when filling out a contact form) and in case of subsequent changes in their use.

You must provide the following information:

  • Identity and contact details of the body responsible for data processing personal Data Protection Officer (DPO) for example
  • Purpose of treatment : what personal data collected will be used for
  • Legal basis for processing this may include the consent of the internet user, compliance with a legal obligation, performance of a contract, etc.
  • Mandatory or optional nature of personal data collection : the consequences for the internet user in case of non-supply of data.
  • Recipients of personal data : who will receive and access the data.
  • Duration of retention of personal data
  • Internet user rights the right to refuse collection, the right to access, correct and erase data.
  • The right of the Internet user to lodge a complaint with the Cnil: Cnil: National Commission on Informatics and Freedoms
  • If necessary, there is a transfer of personal data to a country not belonging to the European Union

Information must be provided in a concise, transparent, understandable and easily accessible manner, in clear and simple terms.

Attention

The absence of any such information is punishable by a fine of €1,500.

On your website, you can use a link directly to the data protection policy, clearly visible on each page of the website, clearly titled ("Personal Data" or "Privacy" for example).

This privacy policy should be separate from the General Terms and Conditions (GTC) of the website.

Termination account deletion

The functionality must enable the consumer to inform or confirm the accuracy of the the following information :

  • The consumer's surname and first name, or if the contract was entered into with a legal person, his reason or name
  • The e-mail address or otherwise the postal address allowing you to confirm receipt of the notice of termination
  • Any reference you have previously communicated to the contract holder to identify that holder and the contract concerned (e.g. a customer or contract number)
  • The desired termination date subject to the legal or contractual provisions in force
  • Where termination concerns a telephone subscription, the telephone number corresponding to the line or lines concerned by termination.

After informing or confirming this information, the consumer must be able to access summary page enabling it to verify and, where appropriate, modify the information provided.

In addition, when the consumer wishes to terminate his contract early (before the deadline), he must providing a legitimate ground. In this case, the functionality must include a email address and one postal address to which the proof may be sent. You can also add a feature that allows the consumer to transmit his proof of termination in dematerialized form.

Example:

For example, the consumer may terminate anticipated its internet subscription contract if it is subject to a overindebtedness. The functionality must thus allow it to transmit to you the decision of the judge accepting its request for treatment of over-indebtedness.

Notification of termination

The consumer must be able to notify you of the termination of the contract by activating a function, directly accessible from the summary page of its information.

This function shall be presented with the indicationnotification of terminationor a similar formula without ambiguity and displayed in legible characters.

When the consumer notifies you of the termination of the contract, you must confirm receipt of the notification and inform it, on a durable medium: Support allowing the customer to store information that is sent to him personally, to consult them for a specified time, and to reproduce them identically (e.g. paper, email, secure personal account, USB stick...) and within reasonable time, the effects of the termination and the date on which the contract ends.

Note

At the stage of notification of termination, you must not impose to the consumer create a custom space to access the termination feature. On the other hand, you can ask him to use the custom space he previously created (at the time of the contract, for example).