Legal Notices

Definitions

Client: any professional or legally capable natural person within the meaning of articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site subject to these general conditions.

Services and Offerings: http://www.the-second-bloom.com makes available to Clients:

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

Client Information: Hereinafter referred to as "Information(s)", corresponding to all personal data that may be held by http://www.the-second-bloom.com for account management, customer relationship management, and for analysis and statistical purposes.

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

Personal Information: "Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons 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 meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Presentation of the website.

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website http://www.the-second-bloom.com are hereby informed of the identity of the various parties involved in its creation and management.

Owner: EI the second bloom by Pascale Studer – Neuweilerstrasse 65 4054 Basel
Publication Manager: Pascale Studer – [email protected]
The publication manager is a natural or legal person.
Webmaster: Pascale Studer – [email protected]
Host: AWS, Amazon Web Services – 38 av John Kennedy L 1855 99137 Luxembourg 04 80 04 12 60
Data Protection Officer: Pascale Studer – [email protected]

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

The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer, or exploit for their own account all or part of the elements or works of the Site.

The use of the site http://www.the-second-bloom.com implies full and complete acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time; users of the site are therefore invited to consult them on a regular basis.

This website is normally accessible to users at any time. An interruption for technical maintenance purposes may however be decided by http://www.the-second-bloom.com, which will endeavour to communicate the dates and times of the intervention to users in advance. The website is updated regularly by the responsible party. The legal notices may also be modified at any time and are binding on the user, who is invited to refer to them as often as possible.

3. Description of services provided.

The website http://www.the-second-bloom.com is intended to provide information about all of the company's activities. http://www.the-second-bloom.com endeavours to provide information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, or deficiencies in updating, whether on its part or on the part of third-party partners who provide it with this information.

All information indicated on the site http://www.the-second-bloom.com is given for informational purposes only and is subject to change. Furthermore, the information on the site is not exhaustive. It is provided subject to modifications having been made since it was posted online.

4. Contractual limitations on technical data.

The site uses JavaScript technology. The website cannot be held liable for material damage resulting from use of the site. Furthermore, the user of the site agrees to access the site using recent equipment that is free of viruses and with an up-to-date, latest-generation browser. The site http://www.the-second-bloom.com is hosted by a provider on the territory of 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 accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, particularly for maintenance purposes, infrastructure improvements, infrastructure failures, or if the Services generate traffic deemed abnormal.

http://www.the-second-bloom.com and the host cannot be held liable in the event of a malfunction of the Internet network, telephone lines, or computer and telephone equipment, in particular due to network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

http://www.the-second-bloom.com is the owner of the intellectual property rights and holds the usage rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the site, by any means or process whatsoever, is prohibited without the prior written authorisation of: http://www.the-second-bloom.com.

Any unauthorised use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.

6. Limitations of liability.

http://www.the-second-bloom.com acts as the publisher of the site. http://www.the-second-bloom.com is responsible for the quality and accuracy of the Content it publishes.

http://www.the-second-bloom.com cannot be held liable for direct or indirect damage caused to the user's equipment when accessing the website http://www.the-second-bloom.com, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the occurrence of a bug or incompatibility.

http://www.the-second-bloom.com shall also not be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from use of the site http://www.the-second-bloom.com. Des espaces interactifs (possibilité de poser des questions dans l'espace contact) sont à la disposition des utilisateurs. http://www.the-second-bloom.com reserves the right to delete, without prior notice, any content posted in this space that violates applicable law in France, particularly the provisions relating to data protection. Where applicable, http://www.the-second-bloom.com also reserves the right to hold the user civilly and/or criminally liable, in particular in the event of racist, offensive, defamatory, or pornographic messages, regardless of the medium used (text, photograph, etc.).

7. Personal data management.

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

7.1 Controllers of personal data collection

For Personal Data collected in connection with the creation of the User's personal account and their browsing on the Site, the controller of Personal Data is: the second bloom by Pascale Studer. http://www.the-second-bloom.com is represented by Pascale Studer, its legal representative.

As the controller of the data it collects, http://www.the-second-bloom.com undertakes to comply with the applicable legal framework. It is the Client's responsibility to establish the purposes of its data processing, to provide its prospects and clients with complete information on the processing of their personal data, and to maintain a processing register that accurately reflects reality. Whenever http://www.the-second-bloom.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 it is processed.

7.2 Purposes of data collected

http://www.the-second-bloom.com may process all or part of the data:

• to enable browsing on the Site and the management and tracking of services and products ordered by the user: connection and Site usage data, billing, order history, etc.
• to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
• to improve browsing on the Site: connection and usage data
• to conduct optional satisfaction surveys on http://www.the-second-bloom.com: email address
• to conduct communication campaigns (SMS, email): phone number, email address

http://www.the-second-bloom.com does not sell your personal data, which is therefore used only out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification, and objection

In accordance with applicable European regulations, users of http://www.the-second-bloom.com have the following rights:

• right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completion of User data; right to lock or erase Users' personal data (Article 17 GDPR), when it is inaccurate, incomplete, ambiguous, outdated, or when its collection, use, communication, or storage is prohibited
• right to withdraw consent at any time (Article 13-2c GDPR)
• right to restriction of processing of Users' data (Article 18 GDPR)
• right to object to processing of Users' data (Article 21 GDPR)
• right to data portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
• right to define what happens to Users' data after their death and to choose to whom http://www.the-second-bloom.com should (or should not) communicate their data to a third party they have previously designated

As soon as http://www.the-second-bloom.com becomes aware of the death of a User and in the absence of instructions from them, it undertakes to destroy their data, unless their retention is necessary for evidentiary purposes or to meet a legal obligation.

If the User wishes to know how their Personal Data is used, request rectification, or object to its processing, they may contact http://www.the-second-bloom.com in writing at the following address:

the second bloom by Pascale Studer – DPO, Pascale Studer
Neuweilerstrasse 65 4054 Basel.

In this case, the User must indicate the Personal Data they wish to have corrected, updated, or deleted, identifying themselves with a copy of a proof of identity (national identity card or passport).

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

7.4 Non-disclosure of personal data

http://www.the-second-bloom.com undertakes not to process, host, or transfer the Information collected on its Clients to a country located outside the European Union or recognised as "inadequate" by the European Commission without first informing the client. Nevertheless, http://www.the-second-bloom.com remains free to choose its technical and commercial subcontractors, provided they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

http://www.the-second-bloom.com undertakes to take all necessary precautions to preserve the security of the Information and to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client's Information comes to its attention, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, http://www.the-second-bloom.com does not collect any "sensitive data".

Users' Personal Data may be processed by subsidiaries and subcontractors (service providers), exclusively for the purposes set out in this policy.

The main persons likely to have access to user data are primarily the agents of our customer service department.

8. Incident notification

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

No personal information of the user of the site http://www.the-second-bloom.com is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only in the event of the acquisition of http://www.the-second-bloom.com and its rights would the transmission of said information to the potential acquirer be permitted, who would in turn be bound by the same obligation of data retention and modification.

Security

To ensure the security and confidentiality of Personal Data and Health-related Personal Data, http://www.the-second-bloom.com uses networks protected by standard devices such as firewalls, pseudonymisation, encryption, and passwords.

When processing Personal Data, http://www.the-second-bloom.com takes all reasonable measures to protect it against any loss, misuse, unauthorised access, disclosure, alteration, or destruction.

9. Hyperlinks, "cookies", and internet tags

The site http://www.the-second-bloom.com contains a number of hyperlinks to other sites, set up with the authorisation of http://www.the-second-bloom.com. However, http://www.the-second-bloom.com has no way of verifying the content of the sites visited in this way and will therefore accept no liability in this regard. Unless you choose to disable cookies, you agree that the site may use them. You may disable these cookies at any time free of charge using the deactivation options available to you, it being understood that this may reduce or prevent access to all or part of the Services offered by the site.

9.1. "COOKIES"

A "cookie" is a small information file sent to the User's browser and stored within the User's terminal (e.g. computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, Internet service provider, operating system, and the date and time of access. Cookies cannot in any way damage the User's terminal.

http://www.the-second-bloom.com may process information about the User's visit to the Site, such as pages viewed and searches conducted. This information allows http://www.the-second-bloom.com to improve the content of the Site and the User's browsing experience.

As Cookies facilitate browsing and/or the provision of the services offered by the Site, the User may configure their browser to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, rejected, either systematically or depending on their sender. The User may also configure their browser so that they are offered the option of accepting or refusing Cookies on a case-by-case basis, before a Cookie is likely to be stored in their terminal. http://www.the-second-bloom.com informs the User that, in this case, some features of their browser may not be available.

If the User refuses the storage of Cookies in their terminal or browser, or if the User deletes those already stored there, their browsing and experience on the Site may be limited. This may also be the case when http://www.the-second-bloom.com or one of its service providers is unable, for technical compatibility reasons, to recognise the type of browser used by the terminal, the language and display settings, or the country from which the terminal appears to be connected to the Internet.

Where applicable, http://www.the-second-bloom.com declines all liability for the consequences relating to the degraded operation of the Site and services resulting from (i) the refusal of Cookies by the User, (ii) the inability for http://www.the-second-bloom.com to store or access the Cookies necessary for their operation due to the User's choice. For the management of Cookies and the 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 find out how they can modify their preferences regarding Cookies.

At any time, the User may choose to express and modify their preferences regarding Cookies. http://www.the-second-bloom.com may also call upon the services of external providers to help collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on the Site of http://www.the-second-bloom.com or in its mobile application and if the User has accepted the deposit of cookies by continuing their browsing on the website or mobile application of http://www.the-second-bloom.com, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).

These types of cookies are only stored on your terminals subject to your consent, given by continuing your browsing on the website or mobile application of http://www.the-second-bloom.com. At any time, however, the User may withdraw their consent to http://www.the-second-bloom.com depositing this type of cookie.

Article 9.2. INTERNET TAGS

http://www.the-second-bloom.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 specialising in web analytics, who 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 enabling Internet users to access the Site, and on the various pages of the Site. This technology allows http://www.the-second-bloom.com to evaluate visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.

The external provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for http://www.the-second-bloom.com, and provide other services relating to the use of the Site and the Internet.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the site http://www.the-second-bloom.com is subject to French law. Except where prohibited by law, exclusive jurisdiction is attributed to the competent courts of Basel.