Legal notice and general conditions of use of the La Felicità website
The purpose of these general conditions of use (the ‘GCU’) is to define and govern the terms, conditions and limits of use and access to the www.lafelicita.fr website (the ‘Website’) by any user (the ‘User(s)’).
The purpose of the Website is to present the ‘LA FELICITA’ restaurant located at 5 Parvis Alan Turing in PARIS (75013) and to offer a restaurant service that can be ordered online and started on the premises or taken away.
The GTCU are available at all times in a special, dedicated tab on the Website and can be downloaded to be kept by the User on a durable medium. Any access to and use of the Website by the User implies unreserved acceptance of these GTCU.
LA FELICITA reserves the right to modify these GTCU at any time and without prior notice, in particular to adapt them to changes in the Website and any applicable regulations. The User is therefore advised to refer to the latest version of the GTCU before accessing and browsing the Website.
Article 1 - LEGAL NOTICES
The Website is published by the company LA FELICITA (hereinafter ‘LA FELICITA’), all of whose information and contact details are set out below, in accordance with Article 6 of Law No. 2004- 575 of 21 June 2004 on confidence in the digital economy:
- Form of company: Simplified joint stock company with a single shareholder
- Share capital: €1,000.00
- RCS number: RCS de Paris (817 453 269)
- VAT number: FR96817453269
- Registered office: MAMMA 4, 133 rue du Faubourg Saint Antoine 75011 PARIS (FRANCE)
- Telephone number : 06.73.98.63.92
- E-mail address: [email protected]
- Host : OVH
For any question or request for information concerning the Website, the User may contact LA FELICITA at the above e-mail address or by sending a registered letter with acknowledgement of receipt to the above postal address.
Article 2 - ACCESS AND NAVIGATION
LA FELICITA uses all the technical solutions at its disposal to allow permanent access to and optimal browsing of the Website, without however being bound by any obligation of result.
Users expressly acknowledge and accept that access to and browsing of the Website may be suspended, limited and/or interrupted, without liability on the part of LA FELICITA :
- in the event of corrective maintenance, evolutionary maintenance, updates, content modifications, made necessary for the proper functioning of the Website ;
- in the event of malfunctions and/or anomalies attributable to the Internet network, the connection and/or the computer equipment used by Users;
- in the event of fraudulent intrusion by any third party and/or any virus in the networks, connections and computer equipment used by Users;
- in the event of force majeure or any other event beyond the control of LA FELICITA;
- for any other reason and/or action deemed useful and necessary by LA FELICITA for the proper operation of the Website.
Users must, in all circumstances, ensure the maintenance and regular updating of the computer equipment, operating systems, anti-virus software and browsers used for accessing and browsing the Website.
Article 3 - WEBSITE CONTENT AND PROTECTION
The information, photographs, illustrations and other indications contained in the Website are provided solely for the User's information and guidance.
Although LA FELICITA takes the utmost care to ensure the quality and reliability of the information, photographs, illustrations and other indications contained in the Website, these elements do not constitute a contractual commitment, nor a guarantee, explicit or implicit, of validity, completeness, topicality and/or perfect similarity with LA FELICITA's products and services.
Hypertext links to other websites have been expressly authorised in advance. As the links are provided for the personal convenience of Users, LA FELICITA exercises no control over these websites and accepts no liability in respect of them, the web pages remaining the sole responsibility of their owners.
The general structure of the Website, the texts, images and photographs, data, animated or non-animated graphics and, more generally, all the elements that make up the Website constitute creations and works belonging exclusively to LA FELICITA, which may be protected under the Intellectual Property Code and international conventions.
Under no circumstances may this Website or any of its component parts be modified, reproduced, displayed, presented, distributed or used for public or commercial purposes without the express prior written consent of LA FELICITA.
The reproduction of a page of the Website or of any other component of the Website in a frame that does not belong to and/or concern LA FELICITA, or the insertion of a page of the Website or of any other component of the Website in the page of a site that does not belong to LA FELICITA is strictly prohibited.
ARTICLE 4 - SERVICES
The Website allows the User :
- request the organisation of a group meal or private event from the LA FELICITA restaurant;
- subscribe to the LA FELICITA newsletter.
The Website also allows the User to submit an online application, this service being provided by a service provider external to LA FELICITA.
The hypertext link enabling access to this service is provided under the conditions defined in article 3 above.
To benefit from each of the aforementioned services, the User must follow the instructions appearing on the Website.
The User undertakes to provide the information requested fully and accurately. If they fail to do so, their request cannot be processed.
In any event, LA FELICITA may not be held liable if the service requested by the User cannot be provided due to a malfunction in access and/or navigation on the Website, in accordance with article 2 above.
Article 5 - APPLICABLE LAW - SETTLEMENT OF DISPUTES
These GCU are governed by the provisions of French law, to the exclusion of any other foreign legislation and/or regulations, regardless of the country in which the Users are located and/or from which the Website is accessed.
In the absence of an amicable settlement, any dispute (contractual, extra-contractual, tortious) relating to these GTUs shall be subject to the exclusive jurisdiction of the French courts, which shall have material and territorial jurisdiction pursuant to the rules of French civil procedure.
PRIVACY POLICY FOR THE LA FELICITA WEBSITE
The purpose of this privacy policy (hereinafter the ‘Privacy Policy’) is to define the terms and conditions under which LA FELICITA (hereinafter ‘LA FELICITA’) may process the personal data of individuals (hereinafter the ‘Users’) who use the www.lafelicita.fr website (hereinafter the ‘Website’) and resort to the use of cookies when browsing the Website.
The Privacy Policy is available at all times in a special, dedicated tab on the Website and can be downloaded so that it can be kept by the User on a durable medium. Any access to and use of the Website by the User implies unreserved acceptance of this Privacy Policy.
LA FELICITA reserves the right to modify the Privacy Policy at any time and without prior notice, in particular to adapt it to changes to the Website and to any applicable regulations. Users are therefore advised to refer to the latest version of the Privacy Policy before accessing and browsing the Website.
1. IDENTITY OF THE CONTROLLER
- For the processing of Personal Data on the Website, the data controller is LA FELICITA (‘LA FELICITA’), registered in the PARIS Trade and Companies Register under number 817 453 269, whose contact details are set out below.
- Registered office: 133 rue du Faubourg Saint-Antoine - 75011 PARIS (FRANCE)
- E-mail address: [email protected]
For any questions or requests for information concerning the Website, and to exercise their rights as listed in article 5 below, Users may contact LA FELICITA at the above e-mail address or by sending a registered letter with acknowledgement of receipt to the above postal address.
2. LEGAL BASIS AND PURPOSES FOR PROCESSING PERSONAL DATA
Personal Data’ means any personal data relating to an identified or identifiable individual.
Pursuant to European and French legislation on the protection of Personal Data (European Regulation no. 2016/679 of 27 April 2016 on the protection of personal data, known as the ‘RGPD’, and the French Data Protection Act no. 78-17 of 6 January 1978), LA FELICITA processes Users' Personal Data solely for the purposes and in accordance with the legal bases defined below.
2.1. Processing carried out for the purpose of managing privatisation requests and group bookings
The User may request privatisation or a reservation for a group of people at ‘LA FELICITA’ by filling in a contact form on the Website. To do this, LA FELICITA collects and processes the following personal data concerning the User:
- surname, first name ;
- telephone number and e-mail address;
- the identity of the employer in the case of a request made on a professional basis;
- any Personal Data voluntarily communicated by the User in the free field of the contact form (‘other questions’).
The processing of this Personal Data is necessary for the processing and management of requests for privatisation and group bookings (legal basis: art. 6.1.b of the RGPD - performance of a contract with the data subject).
2.2. Processing carried out for the purpose of managing applications
When browsing the Website, Users may access the job application service provided by a service provider external to LA FELICITA (TeamTailor). With their consent and in order to process their application, LA FELICITA receives the Personal Data collected by the service provider concerned.
The processing of this Personal Data enables LA FELICITA, with the User's consent, to process his/her application (legal basis: art. 6.1.a of the RGPD - consent of the data subject).
The User may withdraw his/her consent to this processing at any time. However, any processing carried out prior to this withdrawal will remain lawful.
2.3 Processing for the purpose of sending the newsletter
The User may subscribe to the ‘LA FELICITA’ newsletter on the Website. With the User's consent, LA FELICITA collects and processes the following Personal Data concerning the User:
- e-mail address.
The processing of this Personal Data enables LA FELICITA, with the User's consent, to send him/her newsletters (legal basis: art. 6.1.a of the RGPD - consent of the person concerned).
The User may withdraw his/her consent to this processing at any time. However, any processing carried out prior to this withdrawal will remain lawful.
3. RECIPIENTS OF PERSONAL DATA
The Personal Data processed by LA FELICITA is communicated to the following recipients, for the sole purpose described above.
3.1 LA FELICITA's internal services
LA FELICITA shares Users' Personal Data with its internal departments, solely for the purposes defined in article 2 above and for which they are authorised.
The members of the internal departments who process Users' Personal Data are subject to an obligation of confidentiality regarding such Data.
3.2 BIG MAMMA SAS
LA FELICITA shares Users' Personal Data with the company BIG MAMMA SAS, of which it is the subsidiary, located 36 rue du sentier in PARIS (75002) and registered in the Paris Trade and Companies Register under number 838 501 773, for the strict purpose of managing applications. Pursuant to European and French legislation on the protection of Personal Data (European Regulation no. 2016/679 of 27 April 2016 on the protection of personal data known as the ‘GDPR’ and the French Data Protection Act no. 78-17 of 6 January 1978), LA FELICITA processes Users' Personal Data solely for the purposes and under the legal bases defined above.
3.3 Third-party suppliers and service providers
LA FELICITA shares Users' Personal Data with its IT service providers, who have the status of subcontractors within the meaning of the GDPR. These sub-contractors process Users' Personal Data on behalf of LA FELICITA and solely for the purposes defined in article 2 above.
3.4 Administrative and judicial authorities
Only in cases where such communication is required by a legal obligation, LA FELICITA will communicate Users' Personal Data to the administrative or judicial authorities that so require.
4. RETENTION OF PERSONAL DATA
LA FELICITA retains Users' Personal Data for the period required to fulfil the purposes described in this Privacy Policy. The criteria used to determine the retention period include: (i) the duration of the relationship between LA FELICITA and the User; (ii) whether there is a legal or commercial obligation to which LA FELICITA is subject; or (iii) whether a longer retention period is required or permitted by law.
In this context :
- the Personal Data required to manage privatisation and group reservation requests are kept for a period of 3 years from the date of collection;
- the Personal Data required to manage job applications is deleted at the end of the recruitment procedure if the application is rejected, or kept for 2 years from the last contact with the applicant if the applicant consents;
- the Personal Data required to send newsletters is kept for a period of 3 years from the date it is collected or from the last contact with the User concerned.
5. USER RIGHTS
The User has the following rights with regard to the Personal Data collected:
- learn about, update, modify or request the deletion of their Personal Data;
- request the limitation of and/or oppose the processing of their Personal Data from the Website;
- request the portability and transfer of their Personal Data from the Website to any other website or application.
The User may exercise the aforementioned rights by contacting LA FELICITA directly at the following e-mail address: [email protected] They also have the right to lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés - www.cnil.fr) or with any competent court.
6. COOKIES
6.1 Définition
The User has the following rights with regard to the Personal Data collected:
- learn about, update, modify or request the deletion of their Personal Data;
- request the limitation of and/or oppose the processing of their Personal Data from the Website;
- request the portability and transfer of their Personal Data from the Website to any other website or application.
The User may exercise the aforementioned rights by contacting LA FELICITA directly at the following e-mail address: [email protected] They also have the right to lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés - www.cnil.fr) or with any competent court.
6.2 Purpose and conditions of use of cookies
If the User consents, LA FELICITA may use cookies when browsing the Website in order to compile anonymous statistics. These cookies enable LA FELICITA to collect anonymous information about the characteristics of its customers. LA FELICITA can therefore better understand its customers' expectations and offer them products and services that are suited to their needs.
Personal data is collected by these cookies, before being anonymised. This concerns the type of device used, its location and the User's gender.
The User may freely accept or refuse the use of these cookies when they start browsing the Website, via the information banner that appears on the page. These cookies will only be activated if the User expressly agrees.
If the User has given their consent to the use of these cookies, they may withdraw it at any time in the future by modifying the settings relating to cookies.
6.3 Service providers involved in managing cookies
In order to manage the cookies used on the Website, LA FELICITA uses the services of an external service provider, Google LLC, located at 1600 Amphitheatre Parkway in Mountain View in the United States (‘Google Analytics’ service).
This service provider has access to the cookies and Personal Data they collect, for the sole purpose of providing the aforementioned service, to the exclusion of any other use.
This service provider is Privacy Shield certified, a mechanism recognised by the European Commission which enables companies to guarantee that they provide an adequate level of protection for the Personal Data they receive from the European Union.
To find out more about the Privacy Shield programme and to consult the certification of the service provider: https://www.privacyshield.gov/list.
6.4 Browser-based cookie management
The User has several options for refusing the deposit of cookies. While most browsers are set by default to accept the installation of cookies, the User can choose to accept all cookies, reject them systematically or choose which cookies to accept depending on the sender.
You can :
- configure their browser to accept or reject cookies on a case-by-case basis prior to their installation;
- regularly delete cookies from different terminals via their browser.
Each browser has a different configuration for managing cookies and choices. This is described in the browser's help menu, where you can find out how to modify your cookie preferences.
However, by configuring browsers to refuse cookies, certain functions may no longer be accessible, for which LA FELICITA cannot be held responsible.