Legal Notice
1. Presentation of the website
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website www.xocogourmet.com are informed of the identity of the various parties involved in its creation and monitoring:
Owner: SAS Xoco Gourmet – VAT number: FR83904326691 – 65 rue de Clichy, 75009 Paris, France
Director of publication: Frank Homann – frh@xocogourmet.com. The publication manager is a natural or legal person.
Development: Supertusch – jonas@supertusch.dk
Hosting: Flæsketorvet 38b, 1st floor 1711 Copenhagen, Denmark
Data Protection Officer: Frank Homann – frh@xocogourmet.com
2. General conditions of use of the site and the services offered
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and the applicable International Regulations.
The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the Site.
The use of the site www.xocogourmet.com implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or completed at any time, and users of the www.xocogourmet.com website are therefore invited to consult them regularly.
This website is normally accessible to users at all times. However, Xoco Gourmet may decide to interrupt the website for technical maintenance purposes. In such a case, Xoco Gourmet will make every effort to inform users of the dates and times of the intervention in advance.
The website www.xocogourmet.com is regularly updated by Frank HOMANN, Founder & CEO. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to read them.
3. Description of the services provided
The purpose of the website www.xocogourmet.com is to provide information about the company’s activities.
Xoco Gourmet endeavours to provide information on the www.xocogourmet.com website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in updating, whether caused by itself or by third-party partners who provide this information.
All information on the www.xocogourmet.com website is given for information purposes only and is subject to change. Furthermore, the information on the www.xocogourmet.com website is not exhaustive. It is given subject to modifications having been made since it was put on line.
4. Contractual limitations on technical data
The site uses JavaScript technology.
The website cannot be held responsible for any material damage linked to the use of the site. Furthermore, the user of the site undertakes to access the site using recent, virus-free equipment and with a last-generation updated browser.
The www.xocogourmet.com website is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: n° 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 period of time, in particular for maintenance purposes, to improve its infrastructure, in the event of a failure of its infrastructure or if the Services generate traffic deemed abnormal.
Xoco Gourmet and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telephone equipment, particularly in the event of network congestion preventing access to the server.
5. Intellectual property and counterfeiting
Xoco Gourmet is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the 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 process used, is prohibited, except with the prior written permission of Xoco Gourmet.
Any unauthorised use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability
Xoco Gourmet acts as the publisher of the site. Xoco Gourmet is responsible for the quality and accuracy of the Content it publishes.
Xoco Gourmet cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the website www.xocogourmet.com, and resulting either
from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or an incompatibility.
Xoco Gourmet cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the www.xocogourmet.com website.
Interactive areas (possibility to ask questions in the contact area) are available to users. Xoco Gourmet reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, Xoco Gourmet also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
7. Management of personal data
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulation (RGPD: n° 2016-679).
7.1 Persons responsible for the collection of personal data
For the Personal Data collected in the context of the creation of the user’s personal account and his navigation on the site, the person responsible for processing the Personal Data is Frank HOMANN. Xoco Gourmet is represented by Frank HOMANN, its legal representative.
As the person responsible for processing the data it collects, www.xocogourmet.com undertakes to comply with the legal provisions in force. In particular, it is the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the time of collection of their consent, with full information on the processing of their personal data and to maintain a register of processing in accordance with the reality.
Whenever www.xocogourmet.com processes Personal Data, Xoco Gourmet takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which Xoco Gourmet processes it.
7.2 Purpose of the data collected
Xoco Gourmet 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: connection and use data of the Site, invoicing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed).
- to improve navigation on the Site: connection and usage data.
- to conduct optional satisfaction surveys on www.xocogourmet.com.
- to conduct communication campaigns (sms, email): telephone number, email address.
Xoco Gourmet does not sell your personal data, which is therefore only used for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of www.xocogourmet.com have the following rights:
- right of access (Article 15 RGPD) and rectification (Article 16 RGPD), update, completeness of Users’ data right to block or erase Users’ personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited.
- right to withdraw consent at any time (Article 13-2c GDPR).
- right to limit the processing of user data (Article 18 GDPR).
- right to object to the processing of user data (Article 21 GDPR).
- right to portability of data provided by users, where such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR).
- the right to define the fate of users’ data after their death and to choose to whom www.xocogourmet.com shall communicate (or not) their data to a third party that they have previously designated.
As soon as Xoco Gourmet becomes aware of a user’s death and in the absence of instructions from the user, the company undertakes to destroy the data, unless it is necessary to keep it for evidential purposes or to meet a legal obligation.
If the user wishes to know how www.xocogourmet.com uses his or her Personal Data, to ask to rectify them or to object to their processing, the user may contact Xoco Gourmet in writing at the following address Xoco Gourmet – 65 rue de Clichy, 75009 Paris, France. In this case, the User must indicate the Personal Data that he/she would like Xoco Gourmet to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on Xoco Gourmet by law, in particular with respect to the retention or archiving of documents. Finally, Users of www.xocogourmet.com may file a complaint with the supervisory authorities, in particular the CNIL.
7.4 Non-disclosure of personal data
Xoco Gourmet will not process, host or transfer the Information collected on its customers to a country outside the European Union or recognized as “non-adequate” by the European Commission without prior notification to the customer. However, Xoco Gourmet remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).
Xoco Gourmet undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer’s information is brought to Xoco Gourmet’s attention, Xoco Gourmet shall inform the Customer as soon as possible and inform him of the corrective measures taken. Furthermore, Xoco Gourmet does not collect any “sensitive data”.
The User’s Personal Data may be processed by Xoco Gourmet’s subsidiaries and subcontractors (service providers) exclusively for the purposes of this policy. 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 www.xocogourmet.com are mainly the agents of our customer service.
8. Incident notification
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security.
If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the www.xocogourmet.com website is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the repurchase of Xoco Gourmet and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the www.xocogourmet.com site.
To ensure the security and confidentiality of Personal Data and Personal Health Data, Xoco Gourmet uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, Xoco Gourmet takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links and cookies
The www.xocogourmet.com website contains a number of hyperlinks to other sites, set up with the authorisation of Xoco Gourmet. However, Xoco Gourmet is not in a position to check the content of the sites thus visited, and consequently assumes no responsibility in this respect.
Unless you decide to deactivate cookies, you accept that the site may use them. You can deactivate these cookies at any time and free of charge using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.
A “cookie” is a small information file sent to the user’s browser and stored in the user’s terminal (e.g. computer, smartphone), (hereinafter “Cookies”). This file contains 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. Cookies are not likely to damage the user’s terminal in any way.
Xoco Gourmet is likely to process the user’s information concerning his or her visit to the site, such as the pages consulted and the searches performed. This information allows Xoco Gourmet to improve the content of the site and the user’s navigation.
Cookies facilitate browsing and/or the provision of services offered by the Website, and the User may configure his browser to allow him to decide whether or not to accept them so that cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The user can also configure his browser software so that he is offered the option of accepting or rejecting cookies from time to time, before a cookie is stored on his terminal. Xoco Gourmet informs the User that, in this case, it is possible that not all of the functionalities of his browser software will be available.
If the User refuses the storage of Cookies in his/her terminal or browser, or if the User deletes those stored there, the User is informed that his/her navigation and experience on the Website may be limited. This could also be the case when Xoco Gourmet or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
Where applicable, Xoco Gourmet declines all responsibility for the consequences related to the degraded functioning of the Site and of the services that may be offered by www.xocogourmet.com, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for Xoco Gourmet to record or consult the Cookies necessary for their functioning due to the User’s choice. For the management of Cookies and the User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will show how the User can modify his or her wishes regarding Cookies.
At any time, the User may make the choice to express and modify his or her wishes with regard to Cookies. In addition, Xoco Gourmet may use the services of external service providers to help it collect and process the information described in this section.</p>
Finally, by clicking on the icons dedicated to the social networks Instagram, Facebook, Linkedin and Google Plus appearing on the www.xocogourmet.com Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the Xoco Gourmet Website or mobile application Instagram, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals if you consent to them, by continuing your navigation on the Xoco Gourmet Website or mobile application. At any time, the user may nevertheless revoke his or her consent to Xoco Gourmet depositing this type of cookie.
The www.xocogourmet.com website may occasionally employ web beacons (also known as “tags”, action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store the
related information, including the User’s IP address) in a foreign country. These beacons are placed both in the online advertisements that allow users to access the Site, and on the various pages of the Site. This technology allows Xoco Gourmet to evaluate 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 use of this Site by the User.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for Xoco Gourmet, and provide other services relating to the use of the Site and the Internet.
10. Applicable law and jurisdiction
Any dispute relating to the use of the www.xocogourmet.comest website is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Paris.
11. Glossary
Customer: any professional or natural person capable of the meaning of articles 1123 and following the Civil Code, or legal person, who visits the Site subject to these general conditions.
Services: Xoco Gourmet provides the following services to its Clients
Content: All elements constituting the information on the Site, including text – images – videos.
Customer Information: Hereinafter referred to as “Information (s)” which correspond to all personal data that may be held by Xoco Gourmet for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user connecting to and using the above-mentioned site.
Personal information: “Information that allows, in any form whatsoever, directly or not, the identification of the natural persons to whom it applies” (Article 4 of Law No. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: n° 2016-679)
12. Applicable law and remedies
Arbitration clause
You expressly agree that any dispute that may arise as a result of these TOU, including its interpretation or performance, will be referred to arbitration subject to the rules of the arbitration platform chosen by mutual agreement, to which you will adhere without reservation.