/Legal
Legal2018-04-15T18:01:03+00:00

Legal

1 – Legal information

Site presentation
In accordance with article 6 of French law n° 2004-575 of June 21, 2004 for confidence in the digital economy, the identity of of the different parties involved in the creation and maintenance of the site https://www.capenfants.com and/or https://www.capenfants.fr is specified for users:

Website owner:
Company name: CAP ENFANTS
Headquarters: Cap Enfants – 1, Allée des Barbanniers – 92230 Gennevilliers – France
Telephone: (+33) 01 70 61 67 61
Inscription in the company register: 483446308
Publication director
Claudia Kespy-Yahi – contact@capenfants.com
CNIL (French Data Protection Authority) declarant n°:
pYy0538421K

Web host:
OVH – 2, rue Kellermann – 59100 Roubaix – France
Website design and realization
Agence Nova www.agencenova.com

2 – Website and services terms and conditions

Using the site https://www.capenfants.com and/or https://www.capenfants.fr/ implies the full and complete acceptance of the terms and conditions described below. The terms and conditions are liable to be modified or added to to at any time, users of the site https://www.capenfants.com and https://www.capenfants.fr/ are invited to consult them on a regular basis.
This website is normally accessible to users at all times. An interruption of service for technical maintenance can, however, be decided on by Cap Enfants who will attempt to give prior notification to users regarding the time and date of the disruption.
The site https://www.capenfants.com and/or https://www.capenfants.fr/ is regularly updated by Cap Enfants. In the same way, the legal information may be modified at any time: they are, however, binding on users, who are invited to consult them as often as possible to become acquainted with them.

3 – Description of services provided

The site https://www.capenfants.com and/or https://www.capenfants.fr/ is intended to provide information concerning the business’s range of activities. Cap Enfants undertakes to provide information that is as accurate as possible on the site https://www.capenfants.com. However, it can not be held responsible for omissions, inaccuracies and shorcomings in the updating of the site, whether these are by their own hand or that of a third party who provides them with this information. All information communicated on https://www.capenfants.com and/or https://www.capenfants.fr/ is indicative only, and open to change. In addition, the information contained on the site https://www.capenfants.com and/or https://www.capenfants.fr/ is not exhaustive. It is provided subject to modifications which have been made since it has been published online.

4 – Contractual limitations regarding technical data

This site uses jQuery, HTML5 and LAMP. The website can not be held liable for material damages connected with using this site. In addition, website users undertake to access the site using recent equipment which doesn’t contain a virus, and an updated, latest-generation browser.

5 – Intellectual property and infringement of copyright

Cap Enfants is owner of the intellectual property rights or controls the usage rights for all accessible elements of the website, in particular the text, images, graphics, videos, logos, icons, sounds and software. All reproduction, representation modification, publication, adaptation of all or part of the elements of the site, regardless of the means or procedure used is prohibited without the prior written authorisation of Cap Enfants. All unauthorised use of the site or any of the elements that it contains will be considered an infringement of copyright and will be prosecuted according to the provisions set forth in articles L.335-2 and following of the French Intellectual Property Code.

6 – Limitation of liability

Cap Enfants will not be held liable for direct or indirect damage caused to a user’s equipment while accessing the Cap Enfants website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4 above, or from the occurance of a bug or an incompatibility. Cap Enfants will also not be held liable for indirect damage (such as the loss of a market or the loss of an opportunity) arising from the use of the site https://www.capenfants.com and/or https://www.capenfants.fr/.

7 – Interactive areas available to users

Cap Enfants reserves the right to remove, without prior notice, all content placed in this area that contravenes legislation in place in France, in particular which contravenes provisions relating to the protection of data. If necessary, Cap Enfants also reserves the right to hold a user civilly and/or criminally liabile, in particular in the case of messages that are racist, offensive, defamatory or pornographic, irrespective of the medium used (e.g text, photography).

8 – Management of personal information

In France, personal information is protected in particular by the law n° 78-87 of 6 January 1978, law n° 2004-801 of 6 August 2004, the article L. 226-13 of the criminal code, and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995.
Cap Enfants collects a user’s personal information solely for the purpose of some services offered by the site https://www.capenfants.com and/or https://www.capenfants.fr/. The user provides this information in full knowledge of cause, in particular when he or she enters this information willingly. Users of the site https://www.capenfants.com and/or https://www.capenfants.fr/ will then be notified whether or not this information is required.
In accordance with the provisions of articles 38 and following of the French law n° 78-17 of 6 janvier 1978 concerning information technology, files, and individual liberties, all users have a right to access, correct, and oppose the collection of personal information relating to them, by sending a written, signed request, accompanied by a copy of an identity document with the signature of the holder of the document, specifying the address to which a response should be sent. No personal information of a user of the site https://www.capenfants.com and/or https://www.capenfants.fr/ is published without the user’s knowledge, exchanged, transferred, ceded or sold by any means with or to a third party. Only the hypothetical acquisition of Car Enfants and its rights will allow the transfer of said information to the eventual purchaser who will in their turn be under the same obligation of preservation and modification of the data in relation to the user of the site https://www.capenfants.com and/or https://www.capenfants.fr/.
The above-named website is declared with the CNIL (French Data Protection Authority) under the number pYy0538421K. Databases are protected by the provisions of the French law n°98-536 of 1st July 1998 which incorporates Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 concerning the legal protection of databases.

9 – Hyperlinks and cookies

The site https://www.capenfants.com and/or https://www.capenfants.fr/ contains a certain number of hyperlinks to other websites put in place with the authorisation of Cap Enfants. However, Cap Enfants is unable to verify the content of third party sites visited using these links, and therefore will not assume any liability for the content of those sites.
Browsing the site https://www.capenfants.com and/or https://www.capenfants.fr/ is liable to result in the installation of one or more cookies on a user’s computer. A cookie is a small file that is not used to identify the user, but which records information about a computer’s browsing of a website. The data thus obtained is intended to make subsequent browsing on the site easier, as well as to enable various measurements of visit frequency.
Refusing to install a cookie can result in a user not being able to access certain services. The user can, however, configure their computer to prevent the installation of cookies in the following manner:
In Internet Explorer: the “Tools” menu (gear-shaped icon in the top right), then “Internet options”. Click on “Privacy” and select “Block all cookies’. Click “Apply” then “OK”.
In Firefox: click on the hamburger menu button at the top right of the browser, then select “Preferences”. Click on “Privacy”. Set the rules for cookies in “Use custom settings for cookies”. Then untick the box to block cookies.
In Safari: Click on the Safari menu at the top right. Select “Preferences”. Click on “Privacy”. In the “Cookies” section, you can block cookies.
In Chrome: Click on the menu icon at the top right (three horizontal lines). Select “Settings”. Click on “Show advanced settings”. In the “Privacy” section, select “Content settings”. Under “Cookies” you can block cookies.

10 – Applicable law and court of jurisdiction

Any dispute relating to the use of the site https://www.capenfants.com and/or https://www.capenfants.fr/ shall be subject to French law. Exclusive jurisdiction is granted to the appropriate court in Paris. The principal legislation concerned: law n° 78-87 of 6 January 1978, as modified by law n° 2004-801 of 6 August 2004 concerning information technology, files, and individual liberties. Law n° 2004-575 of 21 June 2004 for confidence in the digital economy.

11 – Definitions

User: the internet user connecting to and using the above-named website. Personal information: “information which allows, in any way whatsoever, directly or indirectly, the identification of the natural person to whom they apply” (article 4 of the French law n° 78-17 of 6 January 1978).