Legal mentions

of the website and online sales https://www.blackmountain.fr

Definitions

Customer: any professional or natural person capable of the meaning of articles 1123 and following of the Civil Code, or legal person, who visits the Site object of the present general conditions.

Services : https://www.blackmountain.fr provides the Customers with :

Content: All the elements constituting the information present on the Site, in particular texts – images – videos.

Information customers : Hereinafter referred to as “Information (s)” which correspond to all personal data that may be held by https://www.blackmountain.fr for the management of your account, the management of customer relations and for analysis and statistical purposes.

User: Internet user connecting, using the above-mentioned site.

Personal information: “Information that allows, in any form whatsoever, directly or not, the identification of individuals to whom they apply” (Article 4 of Law No. 78-17 of January 6, 1978).

The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (RGPD: n° 2016-679)

Presentation of the website

Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified to users of the website https://www.blackmountain.fr the identity of the various stakeholders in its implementation and monitoring:

Owner: Black Mountain Compagnie SAS with a capital of 55 380,00 Euros, registered at the RCS of Castres under the number 538 356 395, whose head office is located Route de Lacabarède, 81260 Anglès, phone number +33975640625 e-mail address: contact@blackmountain.fr, VAT number: FR 88 538 356 395

Responsible for publication: Cédric Leprette, as President of Black Mountain Compagnie SAS: +33975640625. The person responsible for publication is a natural person or a legal entity.

Host: ATARAXIE. 80 Allée d’Iéna, 11000 Carcassonne

Data protection delegate: Black Mountain Compagnie SAS, contact@blackmountain.fr

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 applicable international regulations. The Customer cannot 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 https://www.blackmountain.fr implies the full and complete acceptance of the general conditions of use described below. These conditions of use are likely to be modified or completed at any time, the users of the site https://www.blackmountain.fr are thus invited to consult them regularly.

This website is normally accessible to users at all times. An interruption for technical maintenance may however be decided by https://www.blackmountain.fr, which will endeavour to inform users in advance of the dates and times of the intervention. The website https://www.blackmountain.fr is regularly updated by Black Mountain Compagnie SAS. In the same way, the legal mentions can be modified at any time: they are nevertheless imposed to the user who is invited to refer to them as often as possible in order to take note of them.

Description of the services provided

The website https://www.blackmountain.fr aims to provide information about all the activities of the company. Black Mountain Compagnie SAS strives to provide on the site https://www.blackmountain.fr information as accurate as possible. However, it can not be held responsible for omissions, inaccuracies and deficiencies in the update, whether they are its fault or the fault of third party partners who provide this information.

All the information indicated on the site https://www.blackmountain.fr is given as an indication, and is likely to evolve. In addition, the information on the site https://www.blackmountain.fr is not exhaustive. It is given subject to modifications having been made since it was put on line.

Contractual limitations on technical data

The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, free of viruses and with a browser of the latest generation updated. The site https://www.blackmountain.fr is hosted by a provider on the territory of the European Union in accordance with the provisions of the General Regulation on Data Protection (RGPD: No. 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 infrastructures, in the event of a failure of its infrastructures or if the Services generate traffic deemed abnormal.

https://www.blackmountain.fr and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.

Intellectual property and counterfeiting

https://www.blackmountain.fr is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the Internet site, 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 the process used, is prohibited, except prior written authorization of : Black Mountain Compagnie SAS.

Any unauthorized use of the site or 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 and following of the Intellectual Property Code.

Limitations of liability

Black Mountain Compagnie SAS acts as the publisher of the site https://www.blackmountain.fr. Black Mountain Compagnie SAS is responsible for the quality and accuracy of the Content it publishes.

Black Mountain Compagnie SAS cannot be held responsible for direct and indirect damage caused to the user’s equipment, when accessing the website https://www.blackmountain.fr, 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.

Black Mountain Compagnie SAS cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://www.blackmountain.fr. Interactive spaces (possibility of asking questions in the contact space) are at the disposal of the users. Black Mountain Compagnie SAS 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. If necessary, Black Mountain Compagnie SAS also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message with racist, injurious, defamatory, or pornographic character, whatever the support used (text, photograph?).

Management of personal data

The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as 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 Website, the person in charge of the processing of Personal Data is: Black Mountain Compagnie SAS. https://www.blackmountain.fr is represented by Cédric Leprette, its legal representative

As the person in charge of processing the data it collects, Black Mountain Compagnie SAS undertakes to respect the legal provisions in force. In particular, it is its responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of the processing in accordance with the reality. Each time that https://www.blackmountain.fr processes Personal Data, https://www.blackmountain.fr takes all the reasonable measures to ensure the accuracy and the relevance of the Personal Data with regard to the purposes for which https://www.blackmountain.fr processes them.

7.2 Purpose of the collected data

https://www.blackmountain.fr is likely to process all or part of the data:

to allow navigation 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…): computer equipment used for navigation, IP address, password (hashed)

to improve navigation on the Site: connection and usage data

to conduct optional satisfaction surveys on https://www.blackmountain.fr: email address

to carry out communication campaigns (sms, email): telephone number, email address

https://www.blackmountain.fr does not market your personal data which are thus only used by necessity or for statistical and analysis purposes.

7.3 Right of access, rectification and opposition

In accordance with the European regulations in force, the Users of https://www.blackmountain.fr 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

the right to withdraw consent at any time (Article 13-2c GDPR)

the right to limit the processing of Users’ data (article 18 RGPD)

right to object to the processing of Users’ data (Article 21 GDPR)

the right to portability of the data provided by the Users, when 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 https://www.blackmountain.fr shall communicate (or not) their data to a third party that they have previously designated

As soon as Black Mountain Compagnie SAS has knowledge of the death of a User and in the absence of instructions from him, Black Mountain Compagnie SAS undertakes to destroy his data, except if their conservation is necessary for evidential purposes or to meet a legal obligation.

If the User wishes to know how Black Mountain Compagnie SAS uses its Personal Data, to ask to rectify them or to oppose their processing, the User can contact https://www.blackmountain.fr by writing to the following address

Black Mountain Compagnie SAS, Route de Lacabarède, 81260 Anglès.

In this case, the User must indicate the Personal Data that he/she would like https://www.blackmountain.fr 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 Black Mountain Compagnie SAS by law, in particular as regards the retention or archiving of documents. Finally, Users of https://www.blackmountain.fr may file a complaint with the supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

Black Mountain Compagnie SAS will not process, host or transfer the Information collected on its Customers to a country outside the European Union or recognized as “not adequate” by the European Commission without prior notice to the customer. However, Black Mountain Compagnie SAS 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 (GDPR: No. 2016-679).

Black Mountain Compagnie SAS undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not disclosed to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Customer’s Information is brought to the attention of Black Mountain Compagnie SAS, the latter shall as soon as possible inform the Customer and communicate the corrective measures taken. In addition https://www.blackmountain.fr does not collect any “sensitive data”.

The Personal Data of the User may be processed by subsidiaries of Black Mountain Compagnie SAS and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of the Users of https://www.blackmountain.fr are mainly the agents of our customer service.

7.5 Types of data collected

Concerning the users of a Site https://www.blackmountain.fr, we collect the following data which are essential to the functioning of the service, and which will be kept for a maximum period of 9 months after the end of the contractual relation:

Title, last name, first name, email, phone number, address

https://www.blackmountain.fr also collects information that allows us to improve the user experience and to offer contextualized advice:

Date of birth,

This data is kept for a maximum period of 9 months after the end of the contractual relationship

Incident notification

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we 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 notification procedures take into account our legal obligations, whether at the 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 necessary information to help them meet their own regulatory reporting obligations.

No personal information of the user of the site https://www.blackmountain.fr is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium to third parties. Only the assumption of the repurchase of Black Mountain Compagnie SAS 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 https://www.blackmountain.fr site.

8.1 Security

To ensure the security and the confidentiality of the Personal Data and the Personal Data of Health, https://www.blackmountain.fr uses networks protected by standard devices such as by firewall, the pseudonymization, the encryption and password.

During the treatment of the Personal Data, https://www.blackmountain.fr takes all the reasonable measures aiming at protecting them against any loss, misuse, unauthorized access, disclosure, alteration or destruction.

Hypertext links, cookies and internet tags

The site https://www.blackmountain.fr contains a number of hyperlinks to other sites, set up with the authorization of Black Mountain Compagnie SAS. However, Black Mountain Compagnie SAS does not have the possibility to check the contents of the visited sites, and will not assume any responsibility for this fact.

Unless you decide to disable cookies, you agree that the site can use them. You can deactivate these cookies at any time, 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.

9.1 “Cookies

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 includes 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 will not damage the User’s terminal in any way.

https://www.blackmountain.fr is likely to process the information of the User concerning his visit of the Site, such as the consulted pages, the carried out research. This information allows https://www.blackmountain.fr to improve the content of the Site and the User’s navigation.

Cookies facilitate navigation and/or the provision of services offered by the Site, the User can 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 issuer. The User may also configure his or her browser software so that the acceptance or rejection of Cookies is offered to him or her from time to time, before a Cookie is likely to be saved in his or her terminal. https://www.blackmountain.frinforme the User that, in this case, it is possible that not all the functionalities of his or her browser software will be available.

If the User refuses to accept 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 Site may be limited. This could also be the case when https://www.blackmountain.fr or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal seems to be connected to the Internet.

If necessary, https://www.blackmountain.fr declines all responsibility for the consequences linked to the degraded functioning of the Site and of the services possibly proposed by https://www.blackmountain.fr, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://www.blackmountain.fr to record or to consult the Cookies necessary to their functioning because of 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 allow the User to know how to modify his/her wishes regarding Cookies.

At any time, the User can choose to express and modify his wishes regarding Cookies. https://www.blackmountain.fr may also use the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Facebook and Instagram appearing on the https://www.blackmountain.fr Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to navigate on the https://www.blackmountain.fr Website, Facebook and Instagram may also deposit cookies on your terminals (computer, tablet, cell phone).

These types of cookies are deposited on your terminals only if you consent to them, by continuing your navigation on the Website https://www.blackmountain.fr. At any time, the User can nevertheless go back on his consent to the deposit of this type of cookies by https://www.blackmountain.fr.

9.2. Internet tags

https://www.blackmountain.fr may occasionally employ Internet tags (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 information about them, 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 https://www.blackmountain.fr to evaluate the responses of visitors 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 third party service provider may collect information about visitors to the Site and other websites through the use of these tags, compile reports on Site activity for Black Mountain Compagnie SAS, and provide other services related to the use of the Site and the Internet.

Governing Law and Jurisdiction

Any dispute in connection with the use of the site https://www.blackmountain.fr is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Toulouse.