Conditions Générales d’Utilisation (CGU)
- Preamble and purpose
The www.opinel.com website (hereinafter "the Website") is the exclusive property of:
OPINEL SAS, simplified limited company (Société par Actions Simplifiée) with registered capital of €453,438,
listed on the Chambéry Trades and Companies Register under number RCS CHAMBERY 745 821 025
508 Boulevard Henry Bordeaux, 73000 Chambéry, Savoie, France.
Tel: +33 (0)4 79 69 46 18 - Fax: +33 (0)4 79 62 40 18
These Terms and Conditions of Use apply to all persons who use the Website (hereinafter referred to individually as "the User" or collectively as "the Users").
By using the Website, the User expressly agrees to accept, comply with, and be bound by, these terms and conditions of use as set out below.
- Information displayed on the Website
Photographs and images featured on the Website are non-contractual.
The Website may contain hyperlinks, or may direct by another method, to websites, applications or webpages administered by third parties. OPINEL SAS accepts no responsibility for their content or characteristics. The provision of links by OPINEL SAS shall in no way constitute implicit approval of content on these websites, applications or webpages.
OPINEL SAS allows hyperlinks to be included on any website, excluding those featuring content that is controversial, pornographic or xenophobic in nature, or which is likely to cause offence to a large number of people. The link must direct users to the website home page and the website must appear in a new window. Website pages must not be embedded within the pages of another website (i.e. Frame or iFrame). In the absence of special written permission which may be granted on a case-by-case basis, embedded links are strictly prohibited. In any event, OPINEL SAS reserves the right to request removal of a link where it believes that the referrer (original website) does not comply with the rules hereby set out.
- Guarantees and liability
OPINEL SAS accepts no liability in cases including, but not limited to:
- disruption to Website operation: OPINEL SAS endeavours to provide access to the Website 24 hours a day, seven days a week, except in cases of force majeure or events beyond the control of OPINEL SAS, with no guarantee of availability, and in all cases subject to the downtime periods and maintenance operations necessary for proper operation of the Website;
- any occurrence of bugs;
- damage resulting from hacking by a third party that leads to modification of information provided on the Website;
- Website hyperlinks which direct to content that runs contrary to common decency and applicable law.
As a general rule, OPINEL SAS accepts no liability for any damage, material or non-material, direct or indirect, regardless of its cause, source, nature or consequences, including, but not limited to, loss of profit, business, data or any other loss of intangible assets that may occur as a result of access by any individual to the Website, the inability to access the Website, or for the credibility of information obtained directly or indirectly from the Website.
Users affirm that they are familiar with and understand the internet, its risks and limitations, in particular its functional features and technical capability, risk of disruption, response times for consulting, querying or forwarding information, as well as the risks inherent to all network connections.
- Intellectual property
The page layout, structure, code and graphic and textual content of the Website are the property of OPINEL SAS and are subject to intellectual property law.
Use of the Website does not confer upon the User any rights whatsoever. These rights remain the exclusive property of OPINEL SAS.
As such, elements including, but not limited to, text, data, logos, designs, images, photographs and trademarks featured on the Website, the database and associated content, as well as on computer programmes, are reserved and protected under the French Intellectual Property Code.
All "OPINEL" trademarks are protected trademarks. Use of the OPINEL brand name without the prior written consent of OPINEL SAS is prohibited.
Output displayed on the Website are original works, owned by OPINEL SAS and protected by copyright and/or industrial property titles.
All use and/or reproduction is prohibited and constitutes counterfeiting, which is subject to sanction under the aforementioned Code.
Consequently, Users may not under any circumstances or in any way reproduce, represent, broadcast, sell or license all or part of any element featured on the Website and all or part of the Website more generally, without the prior express consent of OPINEL SAS.
Furthermore, Users are prohibited from making copies of the Website without the prior consent of OPINEL SAS.
The illicit use of all or part of the Website may result in legal action.
Users are also prohibited from reproducing, or arranging for the reproduction, in full or in part, of OPINEL SAS productions. Failure to comply may result in legal action.
- Personal data
Categories of data collected:
Personal data collected and subsequently processed by OPINEL SAS are those that Users share freely with OPINEL SAS.
Users provide information using the contact form.
Required data fields are marked with an asterisk.
Purpose of collecting personal data:
These data are required and used by OPINEL SAS in order to handle User requests.
Users authorise OPINEL SAS to save this personal information on a file for the purposes of automated User profiling, customer administration and market research.
Data Protection Officer:
OPINEL SAS has appointed a Data Protection Officer whose role is to ensure that the routine use of Users' personal data is transparent, correct and compliant with applicable law and regulations. Users may contact the Data Protection Officer at the following address: firstname.lastname@example.org.
Sharing of data with third parties:
Where necessary, data collected may be shared with our technical partners (e.g. IT contractors, webhosts, etc.), in order to respond effectively to User requests.
OPINEL SAS undertakes not to share data with third parties under any other circumstances, such as for marketing purposes.
Duration of data storage:
Data are stored and retained for the period of time necessary for the aforementioned purposes, and which shall not exceed thirty-six (36) months from the last communication.
Data acquired for recruitment purposes via the Recruitment section of the website or through speculative applications to OPINEL SAS are kept for twenty-four (24) months in the event of an unsuccessful application, unless the applicant raises an objection.
Right of access and rectification:
In accordance with applicable French and EU regulations, Users may exercise the following rights, subject to providing proof of identity:
- the right to object, on legitimate grounds, to the processing of personal data for purposes other than those to which the User has given consent under these terms and conditions;
- the right to object, at no cost, to the present or future processing of a User's personal data for commercial purposes by the Data Protection Officer;
- the right to be informed as to how their personal data has been processed;
- the right to obtain information handled by OPINEL SAS which relate to the processing of a User's personal data as well as all information that can be used to ascertain and, if necessary, contest the basis for processing such personal data;
- the right to obtain a copy of personal data, as well as a right of rectification, portability, update or erasure of some or all of these data.
For all queries and requests regarding the protection of privacy, Users may contact OPINEL SAS at email@example.com, or by standard post or recorded delivery to 508 Bd. Henry Bordeaux, 73000 Chambéry, for the attention of Mickaël Flamant, Data Protection Officer.
A cookie is a small text file that may be installed on the User's computer when visiting a website. A cookie allows its sender to identify the system on which it is installed, for the duration of validity or installation of the cookie, forms of which include:
- authentication cookies;
- preference cookies;
- audience and statistic measurement cookies.
The www.opinel.com website uses authentication cookies, preference, and audience and statistic measurement cookies.
Some third-party cookies are installed by services listed on its pages and are beyond the control of OPINEL SAS. These are installed by social media services such as Twitter, Facebook, Calaméo and Vimeo and are linked to Users' ability to view and share content from this website, as indicated by their respective icons.
What types of personal information does OPINEL SAS use?
OPINEL SAS will only collect the cookie ID linked to personal data shared and collected while browsing the Website.
Who has access to Users' personal data?
Data shared with third parties are used solely to provide the aforementioned services to Users, in an analytics tool to collect statistics, optimise the OPINEL SAS website and offer Users tailored content.
What legal requirements apply to the processing of Users' personal data?
OPINEL SAS only collects personal data within the scope of Users' browsing activity on the website.
For how long does OPINEL SAS keep User data?
OPINEL SAS does not keep personal User data generated by cookies. Users may delete cookies from their computer or mobile device using their browser at any time. To manage and delete cookies, Users can refer to the Help menu on their browser. Users may deactivate cookies or receive a notification each time a new cookie is sent to their computer or mobile device.
OPINEL SAS pays particular attention to the protection of Users' personal data from all forms of damage, loss, misuse, breach, disclosure, tampering or destruction.
Particular measures include:
- the use of cryptography in data transmission (SSL);
- a strict privacy commitment on the part of OPINEL SAS staff who have access to Users' personal data;
- Changes to these Terms and Conditions of Use
OPINEL SAS reserves the right to amend clauses in these Terms and Conditions of Use at any time without prior notice.
Users will be automatically bound by these changes and should regularly check to ensure that their use of the Website complies with these Terms and Conditions of Use.
Should one or more clauses in these Terms and Conditions of Use be deemed void, the validity of other clauses shall not be affected unless they are indivisible from the nullified clause.
- Applicable law, jurisdiction
The operation and use of the Website are subject to French law.
In the event of a dispute regarding the use or content of the Website, the User may initiate a consumer mediation process free of charge, where an attempt to reach an amicable resolution directly with OPINEL SAS has proven unsuccessful, in accordance with the French Consumer Code.
For further information, Users can visit http://www.economie.gouv.fr/mediation-conso/saisir-mediateur (French only).
Where a process of mediation is not engaged, the French courts shall have jurisdiction. The competent court shall be designated in accordance with the rules of procedure applicable in France.