Preamble

These Terms & Conditions of Use are concluded between:

• • The website manager, hereinafter referred to as – the Publisher

• • Any person wishing to access the site and its services, hereinafter referred to as – the User

Article 1 – Principles

The purpose of these general conditions of use is the legal framework for the use of the gabicalaca.com site and its services.

The website gabicalaca.com is a service of:

• • The sole proprietorship Gabriela Toscano Carrasco

• • Siret 838 528 289 00021

• • URL address of the site: https://gabicalaca.com

• • Email: gabicalaca@pm.me

The general conditions of use must be accepted by any User, and his access to the site constitutes acceptance of these conditions.

Article 2 – Evolution and duration of the Terms & Conditions of Use

These general conditions of use are concluded for an indefinite period. The contract produces its effects with respect to the User from the beginning of the use of the service.

The gabicalaca.com website reserves the right to modify the clauses of these general conditions of use at any time and without justification.

Article 3 – Access to the site

Any user with internet access can access the gabicalaca.com site free of charge and from anywhere. The fees incurred by the user to access it (internet connection, computer equipment, etc.) are not the responsibility of the Publisher.

The site and its various services may be interrupted or suspended by the publisher, in particular during maintenance, without the obligation of notice or justification.

Article 4 – Responsibilities

The Publisher cannot be held responsible in the event of failure, breakdown, difficulty or interruption of the site or one of its features.

The connection equipment to the site used is under the sole responsibility of the User who must take all appropriate measures to protect the equipment and data, in particular from viral attacks by the Internet. The user is also solely responsible for the sites and data he consults.

The Publisher cannot be held responsible in the event of legal proceedings against the User:

• • Due to the use of the site or any service accessible via the Internet

• • Due to the User’s non-compliance with these general conditions

The Publisher is not responsible for damage caused to the User to third parties and/or to the User’s equipment as a result of his connection or use of the site and the User waives any action against the Publisher as a result.

If the Publisher were to be the subject of an amicable or judicial procedure due to the use of the site by the User, he could turn against him to obtain compensation for all damages, sums, convictions and costs that may arise from this procedure.

Article 5 – Intellectual property

All technical documents, products, photographs, texts, logos, drawings, videos, etc., are subject to copyright and are protected by the Intellectual Property Code. When they are handed over to our clients, they remain the exclusive property of Gabriela Toscano Carrasco, the sole holder of the intellectual property rights on these documents, which must be returned to her at her request.

Our customers undertake not to make any use of these documents, which may infringe the supplier’s industrial or intellectual property rights and undertake not to disclose them to any third party, except for the express and prior authorization given by the Publisher.

Article 6 – Protection of personal data

Data collected

The personal data collected on this site are as follows:

• • Account opening : When creating the user’s account;

• • Connection: When the user connects to the website, he records, in particular, his surname, first name, connection data, use, location and payment data;

• • Profile: The use of the services provided on the website allows you to fill in a profile, which may include an address and a telephone number;

• • Payment: As part of the payment for the products and services offered on the website, it records financial data relating to the user’s bank account or credit card;

• • Communication: When the website is used to communicate – users are subject to temporary retention:

• • Cookies: cookies are used as part of the use of the site. The user has the possibility to disable cookies from his browser settings.

Use of personal data

The purpose of personal data collected from users is to make website services available, improve them and maintain a secure environment. More specifically, the uses are as follows:

• • Access and use of the website by the user;

• • Management of the operation and optimization of the website;

• • Organization of the terms of use of the Payment Services;

• • Verification, identification and authentication of the data transmitted by the user;

• • Proposal to the user of the possibility of communicating with other users of the website;

• • Implementation of user support;

• • Personalization of services by displaying advertisements based on the user’s browsing history, according to his preferences;

• • Prevention and detection of fraud, malware (malicious software or malware) and management of security incidents

• • Management of possible disputes with users;

• • Sending commercial and advertising information, depending on the user’s preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

• • When the User uses payment services, for the implementation of these services, the website is related to third-party banking and financial companies with which it has entered into contracts;

• • When the User publishes, in the free comment areas of the website, information accessible to the public;

• • When the User authorizes the website of a third party to access his data:

• • When the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data, as part of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

• • If required by law, the website may transmit data to follow up on claims against the website and comply with administrative and judicial procedures.

• • If the website is involved in a merger, acquisition, transfer of assets or judicial reorganization procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users will be informed, before the personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of Internet transmission or storage.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request at the following address: gabicalaca@pm.me

• • The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy

• • The right of rectification: if the personal data held by the website is inaccurate, they can request an update of the information

• • The right to delete data: users can request the deletion of their personal data in accordance with applicable data protection laws

• • The right to limitation of processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR

• • The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR

• • The right to portability: they can demand that the website give them the personal data provided to it to transmit it to a new website.

Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website also informs users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.

Article 7 – Cookies

The gabicalaca.com site can automatically collect standard information. All information collected indirectly will only be used to track the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we offer you.

Article 8 – Applicable law

These general conditions of use are subject to the application of French law. If the parties fail to resolve a dispute amicably, the dispute will be submitted to the jurisdiction of the French courts.