Legal Notice

Definitions

Client: Any professional or natural person with legal capacity within the meaning of Articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general conditions.

Services and Services: https://fromspiritgallery.com makes available to Clients:

Content: All the 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://fromspiritgallery.com for the management of your account, customer relationship management, and for analysis and statistics purposes.

User: An Internet user who connects to and uses the aforementioned site.

Personal Information: "Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply" (Article 4 of Law No. 78-17 of January 6, 1978).

The terms "personal data," "data subject," "processor," and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Presentation of the website

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://fromspiritgallery.com must be informed of the identity of the various participants involved in its creation and monitoring:

Owner / Publisher / Data Protection Officer: Benjamin Guthmann – fromspiritgallery@gmail.com
Development & Hosting: Umso.com - Upplab Digital Inc - hello@upplab.com
2. General conditions of use of the site and the services offered

The Site constitutes a work protected by the provisions of the Intellectual Property Code and the applicable international regulations. The Client may not in any way reuse, transfer, or exploit all or part of the elements or works on the Site for personal purposes.

The use of the site https://fromspiritgallery.com implies full acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time, so users of the site https://fromspiritgallery.com are invited to consult them regularly.

This website is normally accessible to users at any time. However, an interruption for technical maintenance may be decided by https://fromspiritgallery.com, which will endeavor to inform users in advance of the dates and times of the intervention. The website https://fromspiritgallery.com is regularly updated by https://fromspiritgallery.com. Likewise, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible to become aware of them.

3. Description of the services provided

The website https://fromspiritgallery.com aims to provide information about all the activities of the company. https://fromspiritgallery.com strives to provide as accurate information as possible on the site. However, it cannot be held responsible for omissions, inaccuracies, and shortcomings in updates, whether caused by it or by third-party partners who provide this information.

All the information indicated on the site https://fromspiritgallery.com is given for informational purposes and may change. Furthermore, the information on the site https://fromspiritgallery.com is not exhaustive. It is given subject to changes that have been made since it was put online.

4. Contractual limitations on technical data

The site uses JavaScript technology. The Internet site cannot be held responsible for material damage related to the use of the site. Furthermore, the user of the site agrees to access the site using recent equipment, free of viruses, and with an updated latest-generation browser. The site https://fromspiritgallery.com is hosted by a provider located in the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the possibility of interrupting the hosting service for the shortest possible durations, particularly for maintenance, improvement of its infrastructures, failure of its infrastructures, or if the Services and Services generate traffic that is deemed abnormal.

https://fromspiritgallery.com and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines, or computer and telecommunications equipment, in particular related to network congestion preventing access to the server.

5. Intellectual property and counterfeiting

https://fromspiritgallery.com is the owner of the intellectual property rights and holds the rights to use all the elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without the prior written permission of https://fromspiritgallery.com.

Any unauthorized exploitation of the site or any of its elements will be considered as constituting counterfeiting and will be prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of liability

https://fromspiritgallery.com acts as the publisher of the site. https://fromspiritgallery.com is responsible for the quality and accuracy of the Content it publishes.

https://fromspiritgallery.com cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing the website https://fromspiritgallery.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://fromspiritgallery.com cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://fromspiritgallery.com. Interactive spaces (possibility to ask questions in the contact space) are available to users. https://fromspiritgallery.com reserves the right to remove, without prior notice, any content posted in this space that would violate applicable law in France, particularly regarding data protection. If necessary, https://fromspiritgallery.com also reserves the right to question the civil and/or criminal liability of the user, particularly in the event of a message with a racist, offensive, defamatory, or pornographic character, regardless of the medium used (text, photograph, etc.).

7. Management of personal data

The Client is informed of the regulations concerning marketing communication, the Law of June 21, 2014, on confidence in the Digital Economy, the Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Persons responsible for collecting personal data

For Personal Data collected in the context of creating the User's personal account and browsing the Site, the data controller for Personal Data is: Benjamin Guthmann. https://fromspiritgallery.com is represented by Benjamin Guthmann, its legal representative.

As the data controller for the data it collects, https://fromspiritgallery.com undertakes to comply with the legal framework in force. It is notably the responsibility of the Client to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their Personal Data, and to maintain a register of processing activities in accordance with reality. Whenever https://fromspiritgallery.com processes Personal Data, it takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://fromspiritgallery.com processes them.

7.2 Purpose of the collected data

https://fromspiritgallery.com may process all or part of the data:

To allow navigation on the Site and the management and traceability of the services and services ordered by the user: connection and usage data of the Site, billing, 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 Site: connection and usage data.
To conduct optional satisfaction surveys on https://fromspiritgallery.com: email address.
To conduct communication campaigns (sms, email): phone number, email address.
https://fromspiritgallery.com does not commercialize your personal data, which are therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification, and opposition

In accordance with European regulations in force, users of https://fromspiritgallery.com have the following rights:

Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of users' data
Right to lock or erase users' personal data (Article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or when the collection, use, communication, or storage of data is prohibited
Right to withdraw consent at any time (Article 13-2c GDPR)
Right to limit the processing of users' data (Article 18 GDPR)
Right to object to the processing of users' data (Article 21 GDPR)
Right to data portability for data that users have provided, when such data is the subject of automated processing based on their consent or a contract (Article 20 GDPR)
Right to define the fate of users' data after their death and to choose to whom https://fromspiritgallery.com must (or must not) communicate their data to a third party they have previously designated.
As soon as https://fromspiritgallery.com becomes aware of the death of a User and in the absence of instructions from the User, https://fromspiritgallery.com undertakes to destroy their data, unless their retention is necessary for probative purposes or to fulfill a legal obligation.

If the User wishes to know how https://fromspiritgallery.com uses their Personal Data, request to rectify it, or object to its processing, the User can contact https://fromspiritgallery.com in writing at the following address:

Benjamin Guthmann – DPO, Benjamin Guthmann
75 r 75009 Paris.

In this case, the User must indicate the Personal Data they would like https://fromspiritgallery.com to correct, update, or delete, by identifying themselves precisely with a copy of an identity document (identity card or passport).

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

7.4 Non-disclosure of personal data

https://fromspiritgallery.com undertakes not to process, host, or transfer the Information collected about its Clients to a country located outside the European Union or recognized as "not adequate" by the European Commission without first informing the client. However, https://fromspiritgallery.com remains free to choose its technical and commercial subcontractors, provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

https://fromspiritgallery.com undertakes to take all necessary precautions to preserve the security of Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client's Information is brought to the attention of https://fromspiritgallery.com, it must inform the Client and communicate the corrective measures taken as soon as possible. Furthermore, https://fromspiritgallery.com does not collect any "sensitive data."

The Personal Data of the User may be processed by subsidiaries of https://fromspiritgallery.com and subcontractors (service providers), exclusively for the purposes of carrying out the present policy. Within the limits of their respective duties and for the purposes mentioned above, the main persons likely to have access to the data of users of https://fromspiritgallery.com are primarily the agents of our customer service.

8. Notification of incidents

Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will inform the affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters related to the security of their account and providing them with all the information they need to comply with their own regulatory reporting obligations.

No personal information of the user of the website https://fromspiritgallery.com is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the assumption of the redemption of https://fromspiritgallery.com and its rights would allow the transmission of the said information to the potential purchaser who would in turn be bound by the same obligation to store and modify data with respect to the user of the site https://fromspiritgallery.com.

Security

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

When processing Personal Data, https://fromspiritgallery.com takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hypertext links and cookies

The website https://fromspiritgallery.com contains a number of hypertext links to other websites, set up with the permission of https://fromspiritgallery.com. However, https://fromspiritgallery.com does not have the possibility to check the content of the websites visited in this way and will therefore not assume any responsibility for this fact.

Browsing the website https://fromspiritgallery.com may cause the installation of cookie(s) on the user's computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data obtained in this way is intended to facilitate subsequent navigation on the site and is also intended to allow various measures of frequentation.

The refusal to install a cookie may make it impossible to access certain services. However, the user can configure their computer as follows to refuse the installation of cookies:

In Internet Explorer: tool tab (cogwheel pictogram at the top right) / Internet options. Click on Privacy and choose Block all cookies. Validate on Ok.
In Firefox: at the top of the browser window, click the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention rules to: use custom settings for history. Finally, uncheck it to disable cookies.
In Safari: Click on the top right of the browser on the menu pictogram (symbolized by a cogwheel). Select Settings. Click Show advanced settings. In the "Privacy" section, click Content settings. In the "Cookies" section, you can block cookies.
In Chrome: Click on the top right of the browser on the menu pictogram (symbolized by three horizontal lines). Select Settings. Click Show advanced settings. In the "Privacy" section, click on preferences. In the "Privacy" tab, you can block cookies.
10. Applicable law and attribution of jurisdiction

Any dispute in connection with the use of the website https://fromspiritgallery.com is subject to French law. It is made exclusive attribution of jurisdiction to the competent courts of Paris.

11. The main laws concerned

Law No. 78-17 of January 6, 1978, notably modified by Law No. 2004-801 of August 6, 2004, relating to data processing, files, and freedoms.

Law No. 2004-575 of June 21, 2004, on confidence in the digital economy.

12. Lexicon

User: Internet user connecting, using the aforementioned site.

Personal information: "information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply" (Article 4 of Law No. 78-17 of January 6, 1978).