Legal information – About the site

Website Editor

BH

Corporate format: Simplified joint stock company

Share capital: 56,312,581.41 euros

Headquarters: 59, rue de Tocqueville – 75017 Paris

Registration: 421 982 240 RCS Paris

Telephone: +33 (0)1 53 45 83 83

Director of the publication of the Site

Mr. Olivier Bertrand, President of BH company

Site hosting

Asturia

Corporate format: SAS

Share capital: 40 000€

Headquarters: 12 RUE DES GUIPIERES 78400 CHATOU

 

How to contact us?

You can contact us:

By e-mail: contact@groupe-bertrand.com

By postal mail:

Bertrand Group – 59, rue de Tocqueville – 75017 Paris

On our Site: “Contact Us” section : groupe-bertrand.com/en/contact-2/

Terms of use of the Site

This section constitutes the TOU of the Site. Its purpose is to define the Terms and Conditions of Use of the Site by the user. The user of the Site is deemed to have knowledge of and comply with the TOU.

Copyright and trademark law

The Site constitutes an intellectual work within the meaning of the applicable provisions of the Intellectual Property Code.

As such, we are entitled to the protection and rights reserved by law as the author of this original creation. All data (texts, trademarks, logos, sounds, or images) appearing on the pages of the Site are subject to French and international legislation regarding copyright, trademark law, and other rights and are protected by the Intellectual Property Code.

The downloaded elements such as software, files, illustrations, data, or any other content are the property of BH. The photographs, texts, slogans, drawings, images, animated sequences with or without sound, as well as all works integrated into the Site are the property of BH or of third parties having authorized BH to use them. All trademarks and trade names used on the Site are trademarks or trade names of our company, our affiliates, or our partners, who have granted us the right and license to use such trademarks and trade names.

Any reproduction, representation, distribution, use, or modification, by any process whatsoever and on any medium whatsoever, and more generally any use made for commercial purposes or for any other purpose of all or part of the Site or any of the logos and/or trademarks is strictly prohibited and constitutes an infringement of copyright that may incur the liability of its author. This prohibition applies regardless of the method of reproduction, representation, and/or modification, and regardless of its duration.

Any creation of links to the Site, any framing of the Site, and more generally any use of a component of the Site, is subject to the prior and express authorization of BH, which may be revoked at any time at its sole discretion. We reserve the right to (i) request the removal of any link to the Site that has not been, or is no longer, authorized and (ii) seek damages for any harm suffered as a result.

Terms of use of the Site

The Site is made available to users for their personal and non-commercial use.

Any display, downloading, or printing of portions of the materials contained on the Site must be for your personal, non-commercial use only.

Availability of the Site

We take all necessary measures to ensure the functioning of the Site 24 hours a day, 7 days a week.

However, we cannot guarantee or warrant that the functions contained on the Site will operate without interruption or error. Therefore, we cannot be held responsible, in particular in the event of the occurrence of bugs, errors, interruptions, maintenance operations on the Site resulting in a temporary interruption.

Security Notice

BH does not guarantee that the servers hosting the Site are free of viruses or other harmful elements, or that a technical problem may occur that could damage the components of the user’s computer or mobile device (phone or tablet) or data that may be stored on it as a result of using the Site. In any event, neither BH nor its subcontractors may be held responsible for any damage that may occur during a user’s connection to the Site.

Furthermore, it is expressly reminded that the Internet is not a secure network, and that Internet access may present security problems. We cannot guarantee absolute protection against intrusion or unauthorized monitoring. Under these conditions, it is your responsibility to take all appropriate measures to protect your own data from contamination by viruses or from the intrusion of a third party into your terminal system, and to make backups on your terminal before and after using the Site.

You also acknowledge that you are fully aware of the unreliability of the Internet network, particularly in terms of the lack of security relating to data transmission and the lack of guaranteed performance in terms of the volume and speed of data transmission. We do not guarantee that the Site is free of errors, viruses, or other harmful components. You are therefore advised not to transmit any messages, files, or data of any kind via the Internet if you would like the confidentiality of those messages or files to be completely guaranteed.

External links on the Site

The various sections of the Site may contain links to other sites or Internet sources. We have no control over these sites or sources.

We assume no responsibility for the availability of these sites or sources, their content, advertising, products, or services, or any other information or data available on or from these external sites or sources.

Moreover, we shall not be liable for any damages or losses incurred or alleged to have occurred as a result of or in connection with the use of or reliance on the content, goods, or services available on these external sites or sources.

In the event that you provide information to a website to which we link, we cannot be held responsible for the protection and privacy of that website. We encourage you to exercise caution at all times when providing information to websites and to read their full privacy and data protection policies.

User behavior on the Site

Each user of the Site must use the Internet responsibly, with respect and courtesy for the rights of other Internet users.

Any use of the Site by a user for commercial purposes (other than for personal activities) is prohibited.  You may not, under any circumstances, provide commercial or non-commercial, paid or unpaid access to the Site.

Each user is legally responsible for their use of the Site.

Recognizing the global nature of the Internet, each user agrees to comply with all local and international rules and procedures regarding online conduct and acceptable content, including all applicable laws regarding the transmission of technical data. The user agrees to comply with the rules of computer ethics and, in particular, any user accessing the Site shall refrain from:

  • using the Site in a fraudulent, abusive, or excessive manner;
  • committing crimes and/or acts of piracy that infringe on the rights of others and the safety of people;
  • intentionally carrying out operations that could result in concealing one’s true identity, appropriating another user’s password, altering or modifying data, or accessing information belonging to other network users, interrupting or disrupting the normal operation of the network or of one of the systems connected to the network, modifying or destroying information on one of the systems;
  • uploading, posting, emailing, or otherwise transmitting to the Site or its terminal any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, including likeness, hateful or racially, ethnically or otherwise objectionable;
  • uploading to the Site or its terminal, display, sending by e-mail or transmitting by any other means unsolicited or unauthorized advertising or promotional materials, “printed advertisements”, “misleading information”, “chain letters”, “wild” mailing (spam, junk e-mails, etc.), or any other form of solicitation;
  • uploading to the Site or its terminal, post, e-mail, or otherwise transmitting any material that is unlawful or contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfering with or disrupting the Site, or servers or networks connected to the Site, or violating the requirements, procedures, rules, or regulations of networks connected to the Site;
  • attempting to interfere with the service of any user, host, or network, including, but not limited to, exposing the Site to a virus, creating system overload, flooding the server, overloading the e-mail system, or forging any TCP/IP packet header information or any part of the header information in any e-mail;
  • accessing data that is not intended for the user or entering a server or account that the user is not authorized to access;
  • attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without authorization;
  • impersonating another individual;
  • carrying out an activity or inciting a third party to carry out an illegal activity or any other activity that would infringe the rights of BH, its suppliers, partners, distributors, advertisers, or any other user;
  • transmitting or transferring (by any means whatsoever) any information or software derived from the Site, in particular to other countries or to certain foreign nationals in violation of any national or international law or regulation.

 

At any time and for any reason, we may suspend or terminate, without notice, a user’s use of the Site or any of our services for conduct that violates these TOU, without prejudice to any damages that we reserve the right to seek from the user in the event of a breach of the TOU.

You are solely responsible for any direct or indirect damage, material or immaterial, caused to any company of our group and/or to third parties as a result of your use of the Site.

We cannot be held responsible for any failure or interruption of activity on your terminal resulting from the use of the Site. Nor are we responsible for any costs or damages incurred as a result of using the Site.

Site Monitoring

We reserve the right, at our discretion, to remove any message and prevent any operation by any user that may disrupt the proper functioning of the network or that does not comply with legal, ethical, and professional rules of operation.

At the request of public and/or judicial authorities, we may also exercise control to the extent permitted by law.

Modification or suspension of the Site

We reserve the right, at our discretion, to modify or discontinue the Site, temporarily or permanently, without notice.

Respect for privacy and personal data

The information communicated by the user when using the Site, as well as the technical information collected by the host, may constitute personal data. The collection and processing of such personal data is governed by our Privacy Policy available HERE, which is an integral part of these TOU.

By using the Site, the user agrees that we may collect personal data about them in order to provide them with access to the Site, improve and optimize its quality, send them information about our services and news, and carry out statistical and analytical studies.

The user is invited to consult our personal data protection policy available HERE, which describes how BH, as data controller, collects, uses, protects and shares the personal data of its contacts, as well as the rights that users have with respect to their personal data.

The user is informed and expressly acknowledges that there are security, confidentiality, and privacy risks inherent in the use of the Site. They assume full responsibility in this regard and agree that we make no assurances or warranties with respect to such risks.

Cookies

The use of the Site may generate “trace files”, i.e., small text files that may be recorded in a dedicated space on the hard disk of your terminal (computer, smartphone, tablet, etc.), and which may be used by the websites for a better user experience, with the exception of any data relating to the content of the correspondence exchanged or the information consulted.

The use of the Site is not completely anonymous. Pursuant to Decree No. 2006-358 of March 24, 2006 on the conservation of electronic communication data, traffic data must be kept for one (1) year from the day of their recording. Moreover, in the context of legal proceedings, these files must be made available to the justice system “for the purposes of investigating, establishing, and prosecuting criminal offenses“. An extract of these files will then be linked to the extract of the database of the users in question. Other collected data such as subscription information is deleted regularly when no longer needed.  Depending on the evolution of the legislation, other information may be archived. Users will be notified immediately.

The user is invited to consult our notice on cookies available HERE to learn more about these trace files and their settings.

Applicable law

The current TOU are governed by French law, regardless of the conflict of legal provisions. French courts have exclusive jurisdiction over any dispute relating to these TOU and the Site.

In the event that one of the clauses of these TOU is invalid due to a change in legislation, regulation, or by a court decision, this will not affect the validity and respect of the other clauses of the TOU.

Updates to the TOU

We may, in our sole discretion, modify these TOU within a reasonable time. The amendments are applicable and effective as of the date of publication. By continuing to use the Site after changes are posted, you agree to abide by those changes. We invite you to consult the TOU regularly in order to be informed of any possible modification. The most recent version of our TOU is always available on the Site.