Under Article 6 of Act 2004-575 pour la confiance dans l’économie numérique (French law for trust in the digital economy [LCEN]) of June 21, 2004, users of the website Www.thomsonsmartcook.com are informed of the identity of the various parties involved in creating and operating the website:
Owner: ADMEA SA — 12, rue Jules Ferry 93110 Rosny-sous-Bois, France (THOMSON is a brand of Technicolor S.A. or of its affiliates used under license by ADMEA)
Director of Publication: Philippe Samuel
Site Administrator: François Domergue
Host: Graal Network — 18 rue Negresko, 13008 Marseille, France
2. General conditions of use of the website and the services offered.
By using the website Www.thomsonsmartcook.com, this implies the user’s full and unconditional acceptance of the general conditions of use described below. These conditions of use may be amended or supplemented at any time. Users of the Www.thomsonsmartcook.com website are therefore asked to consult them regularly.
This website is usually accessible to users at all times. Interruption due to technical maintenance may be scheduled by ADMEA, which will endeavor to inform users in advance of the dates and times of the interruption.
The Www.thomsonsmartcook.com website is updated regularly by Philippe Samuel. Similarly, the legal notice may be amended at any time; any changes made to the legal notice still apply to the user. Therefore, users are asked to refer to them as often as possible.
3. Description of the services provided.
The Www.thomsonsmartcook.com website aims to provide information regarding all activities of the company.
ADMEA endeavors to provide information that is as accurate as possible on the ww.thomsonsmartcook.com website. However, ADMEA does not accept liability for any omissions, inaccuracies or failures in updates, regardless of whether they or the third parties who provide the information to ADMEA are at fault.
All information given on the Www.thomsonsmartcook.com website is for informational purposes only and is subject to change. Moreover, the information found on the Www.thomsonsmartcook.com website is not exhaustive. It is subject to any changes made since being put online.
4. Contractual limitations on technical data.
The website cannot be held liable for any material damage linked to the use of this site. Furthermore, the site user agrees to access this site using up-to-date virus-free hardware and with an up-to-date, latest-generation computer.
5. Intellectual property and breaches.
ADMEA is the owner of the intellectual property rights and holds rights of use on all accessible parts of the site, including text, images, graphics, the logo, icons, sounds and software.
Any reproduction, representation, modification, publication or adaptation (whether partial or total) of any parts of the site, regardless of the method or process used, is forbidden, unless ADMEA has given prior written consent.
Any unauthorized use of the site or of any part thereof constitutes an infringement and will be subject to legal proceedings in accordance with Articles L.335-2 et seq. of the French Intellectual Property Code (Code de Propriété Intellectuelle).
6. Limitations of liability.
ADMEA cannot be held liable for any damage directly or indirectly caused to the hardware of the user while accessing the Www.thomsonsmartcook.com website, resulting from either the use of hardware that does not meet the specifications set out in point 4, or the appearance of a bug or incompatibility.
ADMEA also cannot not be held liable for any indirect damage (such as the loss of business or loss of opportunity) resulting from the use of the Www.thomsonsmartcook.com website.
Interactive areas (where users can ask questions in the contact section) are available for users. ADMEA reserves the right to remove, without prior notice, any content in these areas which breaches the applicable French laws, in particular the provisions relating to data protection. If applicable, ADMEA also reserves the option to implicate the civil and/or criminal liability of any user, in particular in the case of messages that are racist, abusive, defamatory or pornographic in nature, regardless of the medium used (text, images, etc.)
7. Use of personal data.
In France, personal data is protected in particular by Act 78-87 of January 06, 1978 on Information Technology, Data Files and Civil Liberties, Act 2004-801 of August 06, 2004, Article L. 226-13 of the French Penal Code and the European Directive of October 24, 1995.
While using the Www.thomsonsmartcook.com website, the following information may be collected: the URL of the third-party sites from which the user accessed the Www.thomsonsmartcook.com website, the user’s Internet service provider and IP address.
In any event, ADMEA only collects personal data relating to the user where it is required for certain services offered by the Www.thomsonsmartcook.com website. The user provides this data in full knowledge of this, in particular when he/she enters the data him/herself. The user is therefore informed of whether or not it is mandatory to provide such data on the Www.thomsonsmartcook.com website.
In accordance with Articles 38 and following of Act No. 78-17 of January 06, 1978 on Information Technology, Data Files and Civil Liberties, all users have the right to access, change or oppose the personal data held about him/her, by providing a written, signed request along with a copy of their passport or identity card (with a signature) in the name of the individual as it appears of the document, and including the address to which the response should be sent.
No personal data of any user of the Www.thomsonsmartcook.com website is published without the knowledge of the user, nor is it exchanged, transferred, yielded or sold on any third-party platform. The transfer of the aforementioned data to a potential buyer would only be authorized in the event of ADMEA and its rights being bought. This potential buyer would be bound by the same protection and modification requirements for the data concerning users of the Www.thomsonsmartcook.com website.
The aforementioned site is registered with CNIL (Commission Nationale de l’Informatique et des Libertés — the French data protection authority) under No. 1828487 v 0.
The databases are protected by the provisions of the Act of July 01, 1998 which implements Directive 96/9 of March 11, 1996 on the legal protection of databases.
8. Hyperlinks and cookies.
The Www.thomsonsmartcook.com website contains a number of hyperlinks to other websites that were implemented with the consent of ADMEA. However, ADMEA cannot verify the content of the aforementioned websites, and therefore accepts no liability for this.
Blocking the installation of cookies may mean that certain services cannot be accessed. The user can configure their computer to block the installation of cookies in the following way:
In Internet Explorer: Go to the tools tab (the cog icon in the top right-hand corner,) then Internet options. Click on Privacy, then Advanced, then choose Block all cookies. Click OK.
In Firefox: click on the Menu icon (three horizontal lines in the top right-hand corner,) then click Options. Click on the Privacy tab. Under History, choose “”Use custom settings for history””. Uncheck the “”Accept cookies from sites”” box.
In Safari: Click on the Safari menu button (the cog icon in the top right-hand corner). Go to Preferences. Go to “”Advanced””, then click on “”Change settings”” Under “”Privacy”” you can block all cookies.
In Chrome: Click on the Menu icon (the three vertical dots in the top right-hand corner.) Click Settings. Click Advanced. In the “”Privacy and security”” section, click “”Content Settings””. In the “”Privacy and security”” tab, you can block all cookies.
9. Applicable Law and Attribution of Jurisdiction.
Any dispute that may arise in relation to the use of the Www.thomsonsmartcook.com website is subject to French law. The courts of Paris, France, shall have exclusive jurisdiction.
10. The main laws concerned.
Act 78-17 of January 06, 1978, amended by Act 2004-801 of August 06, 2004, on Information Technology, Data Files and Civil Liberties.
Act 2004-575 pour la confiance dans l’économie numérique (French law for trust in the digital economy [LCEN]).
User: Internet user accessing and using the aforementioned website.
Personal data: data which allows, in any form, directly or indirectly, the physical persons to which the data applies to be identified (Article 4 of Act 78-17 of January 06, 1978.)
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