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Legal Notice

Legal Notice

Definitions Customer: any professional or capable natural person within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site which is the subject of these general conditions.

Benefits and Services: https://www.thechristmasfabric.com provides Customers with :

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

Customer information: Hereinafter referred to as “Information (s)” which correspond to all personal data that may be held by https://www.thechristmasfabric.com for the management of your account, customer relationship management 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 it applies” (Article 4 of Law No. 78-17 of 6 January 1978).

The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: 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.thechristmasfabric.com the identity of various stakeholders in its implementation and monitoring: Owner: SASU OVOORO – Share capital of 1000€ – VAT number: FR54890918436 – 19 Allée de Brienne 31000 Toulouse Responsible for publication: The Christmas Fabric – customer@thechristmasfabric.com The person in charge of publication is a physical person or a legal entity. Webmaster: The Christmas Fabric – customer@thechristmasfabric.com Host: Kinsta Inc -8605 Santa Monica Blvd #92581 90069 West Hollywood, CA Data Protection Officer: The Christmas Fabric – customer@thechristmasfabric.com

The legal notices are compliant with RGPD and are offered by Marozed.

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 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 https://www.thechristmasfabric.com 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.thechristmasfabric.com 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.thechristmasfabric.com, which will then endeavour to inform users in advance of the dates and times of the intervention. The website https://www.thechristmasfabric.com is regularly updated by https://www.thechristmasfabric.com. 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.thechristmasfabric.com aims to provide information concerning all the activities of the company. https://www.thechristmasfabric.com strives to provide on the website https://www.thechristmasfabric.com information as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the update, whether they are of its own making or of the making of third-party partners who provide it with this information. All the information indicated on the https://www.thechristmasfabric.com website is given as an indication, and is likely to evolve. In addition, the information on the site https://www.thechristmasfabric.com is not exhaustive. It is given subject to modifications having been made since it was put on line.

CONTRACTUAL LIMITATIONS ON TECHNICAL DATA. The site uses JavaScript technology. The website can not be held responsible for material damage related to the use of the site. In addition, the user of the site undertakes to access the site using recent equipment, free of viruses and with a browser of the latest generation updated. The site https://www.thechristmasfabric.com 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 periods 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.

https://www.thechristmasfabric.com and the host cannot be held responsible in the event of malfunctioning 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.thechristmasfabric.com 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 forbidden, except with the prior written authorization of: https://www.thechristmasfabric.com Any unauthorized exploitation 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 and following of the Intellectual Property Code.

LIMITATIONS OF LIABILITY. https://www.thechristmasfabric.com acts as the publisher of the site. https://www.thechristmasfabric.com is responsible for the quality and veracity of the Content it publishes. https://www.thechristmasfabric.com could not be held responsible for the direct and indirect damage caused with the material of the user, at the time of the access to the Internet site https://www.thechristmasfabric.com, and resulting either from the use of a material not answering the specifications indicated in the point 4, or of the appearance of a bug or an incompatibility.

https://www.thechristmasfabric.com cannot also be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://www.thechristmasfabric.com. Interactive spaces (possibility of asking questions in the space contact) are at the disposal of the users. https://www.thechristmasfabric.com reserves the right to remove, without setting in preliminary residence, any contents deposited in this space which would contravene the applicable legislation in France, in particular with the provisions relating to the data protection. If necessary, https://www.thechristmasfabric.com 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?).

PERSONAL DATA MANAGEMENT. 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 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 Site, the person responsible for the processing of Personal Data is: https://www.thechristmasfabric.com is represented by BOER, its legal representative

As person in charge of the treatment of the data which it collects, https://www.thechristmasfabric.com makes a commitment to respect the framework of 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 conformity with the reality. Each time that https://www.thechristmasfabric.com processes Personal Data, https://www.thechristmasfabric.com takes all the reasonable measures to ensure the exactitude and the relevance of the Personal Data with regard to the purposes for which https://www.thechristmasfabric.com processes them.

7.2 Purpose of the data collected https://www.thechristmasfabric.com 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.thechristmasfabric.com: email address to carry out communication campaigns (sms, email): telephone number, email address https://www.thechristmasfabric.com 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.thechristmasfabric.com have the following rights:

right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of the Users’ data right of blocking or deletion of the Users’ personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or conservation 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) right to define the fate of the data of the Users after their death and to choose to whom https://www.thechristmasfabric.com will have to communicate (or not) their data to a third party that they will have beforehand designated As soon as https://www.thechristmasfabric.com has knowledge of the death of a User and in the absence of instructions of its share, https://www.thechristmasfabric.com commits itself destroying its data, except if their conservation proves to be necessary at evidential ends or to answer a legal obligation.

If the User wishes to know how https://www.thechristmasfabric.com uses his Personal Data, to ask to rectify them or to oppose their treatment, the User can contact https://www.thechristmasfabric.com by writing to the following address

– DPO, OVOORO 19 Allée de Brienne 31000 Toulouse.

In this case, the User must indicate the Personal Data that he/she would like https://www.thechristmasfabric.com to correct, update or delete, identifying himself/herself precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.thechristmasfabric.com by law, in particular as regards the retention or archiving of documents. Finally, the Users of https://www.thechristmasfabric.com may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data https://www.thechristmasfabric.com refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as “non adequate” by the European Commission without informing the customer beforehand. However, https://www.thechristmasfabric.com 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).

https://www.thechristmasfabric.com makes a commitment to take all the necessary precautions in order to preserve the security of the Information and in particular that they are not communicated to not authorized people. However, if an incident impacting the integrity or the confidentiality of the Customer’s Information is brought to the attention of https://www.thechristmasfabric.com, the latter will have to inform the Customer as soon as possible and communicate to him the measures of correction taken. In addition, https://www.thechristmasfabric.com does not collect any “sensitive data”.

The User’s Personal Data may be processed by subsidiaries of https://www.thechristmasfabric.com 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.thechristmasfabric.com are mainly the agents of our customer service.

7.5 Types of data collected Concerning the users of a Site https://www.thechristmasfabric.com we collect the following data which are essential to the functioning of the service, and which will be kept for a maximum period of 120 months after the end of the contractual relation: Name, first name, telephone number, e-mail, address, postal code, city, country

https://www.thechristmasfabric.com also collects information that enhances the user experience and offers contextualized tips: Last name, first name, phone number, email, address, zip code, city, country

This data is kept for a maximum of 120 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.thechristmasfabric.com 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 https://www.thechristmasfabric.com 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.thechristmasfabric.com site.

Security To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.thechristmasfabric.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, https://www.thechristmasfabric.com takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

HYPERTEXT LINKS ” COOKIES ” AND INTERNET TAGS The site https://www.thechristmasfabric.com contains a certain number of hypertext links towards other sites, set up with the authorization of https://www.thechristmasfabric.com. However, https://www.thechristmasfabric.com does not have the possibility of checking the contents of the sites thus visited, and consequently will not assume any responsibility of this fact. Unless you decide to deactivate the cookies, you accept 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 within 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 do not damage the User’s terminal in any way.

https://www.thechristmasfabric.com 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.thechristmasfabric.com to improve the content of the Site and the User’s navigation.

Since Cookies facilitate navigation and/or the provision of services offered by the Site, the User may configure his browser to allow him to decide whether or not to accept them so that Cookies are recorded 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 so that the acceptance or refusal of Cookies is proposed to him punctually, before a Cookie is likely to be recorded in his terminal. https://www.thechristmasfabric.com informs the User that, in this case, it is possible that the functionalities of his browser are not all 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.thechristmasfabric.com 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.thechristmasfabric.com declines any responsibility for the consequences related to the degraded functioning of the Site and the services possibly proposed by https://www.thechristmasfabric.com, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://www.thechristmasfabric.com to record or to consult the Cookies necessary to their functioning because of the choice of the User. 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 wishes regarding Cookies.

At any time, the User can choose to express and modify his wishes regarding Cookies. https://www.thechristmasfabric.com 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 Twitter, Facebook, Linkedin and Google Plus appearing on the Website of https://www.thechristmasfabric.com or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on the Website or the mobile application of https://www.thechristmasfabric.com , Twitter, Facebook, Linkedin and Google Plus can 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 or the mobile application of https://www.thechristmasfabric.com . At any time, the User may nevertheless revoke his consent to https://www.thechristmasfabric.com depositing this type of cookie.

Article 9.2. INTERNET TAGS https://www.thechristmasfabric.com may occasionally employ Internet tags (also known as “tags”, or 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 tags are placed both in the online advertisements allowing users to access the Site, and on the various pages of the Site.

This technology allows https://www.thechristmasfabric.com 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 https://www.thechristmasfabric.com, and provide other services related to the use of the Site and the Internet.

APPLICABLE LAW AND JURISDICTION. Any dispute in connection with the use of the site https://www.thechristmasfabric.com is subject to French law. Except in cases where the law does not allow it, the competent courts of Toulouse have exclusive jurisdiction

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