Legal Notice

Definitions

Client: any professional or natural person capable within the meaning of articles 1123 and following of the French Civil Code, or legal person, who visits the Site subject to these general conditions.

Services and Offerings: https://www.luxewellnessclub.com provides Clients with:

Content: All elements constituting the information present on the Site, including texts, images, and videos.

Customer Information: Hereinafter referred to as “Information(s),” which correspond to all personal data that may be held by https://www.luxewellnessclub.com for the management of your account, customer relationship management, and for analysis and statistical purposes.

User: Internet user connecting to and using the aforementioned website.

Personal information: “Information that, in any form whatsoever, directly or indirectly, allows the identification of the individuals to whom it applies” (article 4 of law no. 78-17 of January 6, 1978).

The terms “personal data,” “data subject,” “processor,” and “sensitive data” have the meanings defined by the General Data Protection Regulation (GDPR: n° 2016-679).

1. Website Presentation.

In accordance with Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website https://www.luxewellnessclub.com are hereby informed of the identity of the various parties involved in its creation and monitoring:

Owner: Luxe Wellness Club – 45 Av. du Président J F Kennedy, 64200 Biarritz. SIRET: 905 024 410 00011
Publication Manager: Pascal Languillon – [email protected]
Webmaster : Pascal Languillon – [email protected]
Hosting provider: SCALEWAY – 8 rue de la Ville l’Evêque – 75008 PARIS

(This template of legal notices is provided by the free generator of legal notices for a website)

2. General terms of use of the website and services offered.

The Website constitutes a work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, assign, or exploit for its own benefit all or part of the elements or works of the Website.

The use of the website https://www.luxewellnessclub.com implies full and unconditional acceptance of the following terms and conditions of use. These terms of use may be modified or supplemented at any time, so users of the website https://www.luxewellnessclub.com are invited to check them regularly.

This website is normally accessible to users at all times. However, an interruption for technical maintenance reasons may be decided by https://www.luxewellnessclub.com. The website https://www.luxewellnessclub.com is regularly updated. Likewise, the legal notices may be modified at any time. However, they are binding on the user, who is invited to refer to them as often as possible to be informed of any changes.

3. Description of the services provided.

https://www.luxewellnessclub.com strives to provide information that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or lack of updating, whether caused by itself or by third-party partners who provide it with this information.

All the information provided on the website https://www.luxewellnessclub.com is for indicative purposes and may evolve over time. Furthermore, the information displayed on the website https://www.luxewellnessclub.com is not exhaustive. They are given subject to modifications that may have been made since they were posted online.

4. Limitations contractuelles on technical data.

The website will not be held responsible for any material damages related to the use of the site. Furthermore, the user of the site commits to accessing the site using up-to-date equipment, free of viruses, and with an updated modern web browser. The website https://www.luxewellnessclub.com is hosted by a service provider located in the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: n° 2016-679).

The objective is to provide a service that ensures the best accessibility rate. The host guarantees continuity of its service 24 hours a day, every day of the year. However, the host reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance, improvement of its infrastructure, infrastructure failure, or if the services generate traffic considered abnormal.

https://www.luxewellnessclub.com and the host cannot be held responsible for any malfunction of the Internet network, telephone lines, or computer and telephone equipment, particularly due to network congestion that prevents access to the server.

5. Intellectual Property and Counterfeits.

https://www.luxewellnessclub.com owns the intellectual property rights and holds the usage rights for all elements accessible on the website, including texts, photos, and videos produced by its editorial team. Other photos are the intellectual property of the hotels and locations presented as indicated on the website. Any reproduction, representation, modification, publication, or adaptation of all or part of the website’s elements, by any means or process, is prohibited without the prior written authorization of https://www.luxewellnessclub.com.

Any unauthorized use of the website or any of its elements will be considered as infringement and will be pursued in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of liability.

https://www.luxewellnessclub.com acts as the publisher of the website.

https://www.luxewellnessclub.com shall not be held liable for direct or indirect damages caused to the user’s equipment while accessing the website. https://www.luxewellnessclub.com, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

https://www.luxewellnessclub.com will also not be liable for indirect damages resulting from the use of the website https://www.luxewellnessclub.com.

Luxe Wellness Club does not act as a travel agency but as a marketing service for the establishments and stays presented on the website. Luxe Wellness Club will not be held responsible for events related to the booking or travel of users, such as cancellations, delays, accidents, payment issues, flights, injuries, long-term effects, and deaths, as well as any other inconveniences that users may encounter before, during, and after a stay recommended on the site.

https://www.luxewellnessclub.com strives to provide information as accurate as possible. However, it shall not be held responsible for omissions, inaccuracies, and deficiencies in the updating, whether caused by itself or by third-party partners who provide the information.

7. Management of Personal Data.

The Client is informed about the regulations regarding marketing communication, the law of June 21, 2014 for confidence in the digital economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: n° 2016-679).

7.1 Data Collection Controllers

For Personal Data collected in the context of creating the user’s personal account and their navigation on the Website, the data controller is: Pascal Languillon.

As the data controller for the data it collects, https://www.luxewellnessclub.com is committed to complying with the legal provisions in force. It is the responsibility of the Client, in particular, to establish the purposes of their data processing, to provide their prospects and customers with complete information on the processing of their personal data, and to maintain an accurate record of processing activities. Whenever https://www.luxewellnessclub.com processes Personal Data, https://www.luxewellnessclub.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which they are processed by https://www.luxewellnessclub.com.

7.2 Purpose of the collected data

https://www.luxewellnessclub.com may process all or part of the following data:

  • to allow navigation on the Site and the management and traceability of the services and products ordered by the user: connection and usage data on the Site, billing information, order history, etc.
  • to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, hashed password.
  • to improve navigation on the Website: connection and usage data.
  • to conduct optional satisfaction surveys on https://www.luxewellnessclub.com: email address.
  • to conduct communication campaigns (sms, email): phone number, email address.

https://www.luxewellnessclub.com does not market your personal data, which is only used out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification, and opposition

In accordance with the current European regulations, users of https://www.luxewellnessclub.com have the following rights:

  • right of access (Article 15 of the GDPR) and right to rectification (Article 16 of the GDPR), to update, or to complete the personal data of users; right to block or erase personal data (Article 17 of the GDPR) when they are inaccurate, incomplete, ambiguous, outdated, or when the collection, use, communication, or storage of the data is prohibited.
  • right to withdraw consent at any time (Article 13(2)(c) of the GDPR)
  • right to restriction of processing of User data (Article 18 of the GDPR)
  • right to object to the processing of User data (Article 21 of the GDPR)
  • right to data portability for data provided by Users, when such data is processed based on their consent or on a contract (Article 20 of the GDPR)
  • right to define the fate of Users’ data after their death and to choose to whom https://www.luxewellnessclub.com should (or should not) disclose their data to a designated third party (Article 40-1 of the French Data Protection Act)

As soon as https://www.luxewellnessclub.com becomes aware of the death of a User and in the absence of instructions from the User, https://www.luxewellnessclub.com undertakes to delete their data, unless their retention is necessary for probative purposes or to comply with a legal obligation.

If the User wishes to know how https://www.luxewellnessclub.com uses their Personal Data, request rectification, or object to their processing, the User can contact https://www.luxewellnessclub.com in writing at the following address: Pascal Languillon, 45 Av. du Président J F Kennedy, 64200 Biarritz.

In this case, the User must indicate the Personal Data they would like https://www.luxewellnessclub.com to correct, update, or delete, by providing precise identification along with a copy of an identification document (ID card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.luxewellnessclub.com by law, particularly concerning the retention or archiving of documents. Finally, users of https://www.luxewellnessclub.com can file a complaint with the supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

https://www.luxewellnessclub.com refrains from processing, hosting, or transferring the information collected on its clients to a country outside the European Union or recognized as “not adequate” by the European Commission without prior notification to the client. However, https://www.luxewellnessclub.com remains free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees in compliance with the requirements of the General Data Protection Regulation (GDPR: n° 2016-679).

https://www.luxewellnessclub.com is committed to taking all necessary precautions to preserve the security of the information, particularly by not disclosing it to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of https://www.luxewellnessclub.com, it shall promptly inform the Client and communicate the corrective measures taken. Furthermore, https://www.luxewellnessclub.com does not collect any “sensitive data.”

The User’s Personal Data may be processed by subsidiaries of https://www.luxewellnessclub.com and subcontractors (service providers), solely for the purposes of implementing the objectives of this policy.

Within the scope of their respective roles and for the aforementioned purposes, the main individuals who may have access to the data of Users of https://www.luxewellnessclub.com are primarily the agents of our customer service.

8. Incident Notification

Regardless of the efforts made, 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 the affected users so that they can take appropriate measures. Our incident notification procedures comply with our legal obligations, whether at the national or European level. We are committed to fully informing our clients about all security matters related to their accounts and providing them with all the necessary information to help them comply with their own regulatory reporting obligations.

No personal information of the user of the website https://www.luxewellnessclub.com is published without the user’s knowledge, exchanged, transferred, assigned, or sold to any third party on any medium. Only the event of the acquisition of https://www.luxewellnessclub.com and its rights would allow the transmission of said information to the potential acquirer, who would be bound by the same obligation of keeping and modifying data concerning the user of the website https://www.luxewellnessclub.com.

Safety

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

During the processing of Personal Data, https://www.luxewellnessclub.com takes all reasonable measures to protect them against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hypertext links “cookies” and internet tags (“tags”)

The website https://www.luxewellnessclub.com contains several hypertext links to other websites, established with the permission of https://www.luxewellnessclub.com. However, https://www.luxewellnessclub.com does not have the ability to check the content of the visited websites and will therefore not assume any responsibility in this regard. Unless you choose to disable cookies, you agree that the website may use them. You can disable these cookies at any time, free of charge, using the deactivation options provided and mentioned below, although this may reduce or prevent access to all or part of the services offered by the website.

9.1. « COOKIES »

A “cookie” is a small information file sent to the User’s browser and stored on the User’s device (e.g., computer, smartphone) (hereinafter referred to as “Cookies”). This file contains information such as the User’s domain name, Internet service provider, operating system, as well as the date and time of access. Cookies do not in any way pose a risk of damaging the User’s device.

https://www.luxewellnessclub.com may process information about the User’s visit to the Site, such as the pages viewed and the searches performed. These pieces of information enable https://www.luxewellnessclub.com to improve the content and navigation experience for the User.

Cookies that facilitate navigation and/or the provision of services offered by the Site can be configured by the User’s browser to allow them to decide whether to accept or reject Cookies, either systematically or depending on their source. The User can also configure their browser software to prompt them to accept or reject Cookies on a case-by-case basis, before a Cookie is potentially stored on their terminal. https://www.luxewellnessclub.com informs the User that in such a case, some functionalities of their browsing software may not be fully available.

If the User refuses to store Cookies on their terminal or browser or if the User deletes the stored Cookies, they are informed that their browsing and experience on the Site may be limited. This may also be the case when https://www.luxewellnessclub.com or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, language and display settings, or the country from which the terminal appears to be connected to the Internet.

Le cas échéant, https://www.luxewellnessclub.com décline toute responsabilité pour les conséquences liées au fonctionnement dégradé du Site et des services éventuellement proposés par https://www.luxewellnessclub.com, résultant (i) from the User’s refusal of Cookies and (ii) from the impossibility for https://www.luxewellnessclub.com to store or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and 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 their preferences regarding Cookies.

At any time, the User can choose to express and modify their preferences regarding Cookies. Moreover, https://www.luxewellnessclub.com may use the services of external providers to help collect and process the information described in this section.

Finally, by clicking on the dedicated icons for the social networks Twitter, Facebook, LinkedIn, and Google Plus on the Site of https://www.luxewellnessclub.com or in its mobile application, and if the User has accepted the use of cookies by continuing to browse the Website or mobile application of https://www.luxewellnessclub.com, Twitter, Facebook, Linkedin, and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices if you consent to it by continuing your navigation on the website or mobile application of https://www.luxewellnessclub.com. At any time, the User can, however, revoke their consent to allow https://www.luxewellnessclub.com to place this type of cookies.

Article 9.2. INTERNET TAGS (“TAGS”)

https://www.luxewellnessclub.com may occasionally use Internet tags (also known as “tags,” action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a partner specialized in web analytics that may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.

These tags are placed both in online advertisements that allow users to access the Site and on its various pages.

This technology allows https://www.luxewellnessclub.com to evaluate visitor responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the User’s usage of this Site.

The external service provider may collect information about visitors to the Site and other websites through these tags, generate reports on the Site’s activity for https://www.luxewellnessclub.com, and provide other services related to the use of the Site and the Internet.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the website https://www.luxewellnessclub.com is subject to French law. Except where prohibited by law, exclusive jurisdiction is given to the competent courts.