Customer: any professional or natural person capable within the meaning of articles 1123 and following of the Civil Code, or legal person, who visits the Site that is the subject of these general conditions.
Services and Benefits: https://www.flamingorealty.fr provides Clients with:
Content: All the elements constituting the information on the Site, in particular texts – images – videos.
Customer information: Ci hereinafter referred to as “Information (s)” which corresponds to all personal data that may be held by https://www.flamingorealty.fr for the management of your account, customer relationship management and for analysis and statistics purposes.
User: Internet user connecting, using the above-mentioned site.
“Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (article 4 of law n° 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “subcontractor” and “sensitive data” have the meaning defined by the General Data Protection Regulations (GPDR: No. 2016-679)
1. Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website https://www.flamingorealty.fr are informed of the identity of the various parties involved in its implementation and monitoring:
Owner : The website www.flamingorealty.fr is the property of FLAMINGO REALTY SARL, a company with a capital of 1500.00€, registered with the RCS of Fréjus under number 8311664000000018 since 31-07-2017, NAF code (APE) 6831Z, located at 4 CHE DES TOURTERELLES – 83990 SAINT TROPEZ.
Head of publication : Mrs Kim BALECH – email@example.com
Webmaster : Mr. Christophe GASC – firstname.lastname@example.org
Hosting : Cloudflare, Inc. – 101 Townsend St, San Francisco, CA 94107 – https://www.cloudflare.com/
Data Protection Officer : Mrs Kim BALECH – email@example.com
2. General conditions of use of the site and the 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 its own account all or part of the elements or works of the Site.
This website is normally accessible to users at all times. However, an interruption for technical maintenance reasons may be decided by https://www.flamingorealty.fr, which will then endeavour to inform users in advance of the dates and times of the intervention.
The website https://www.flamingorealty.fr is regularly updated by https://www.flamingorealty.fr responsible. Similarly, 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 in order to become aware of them.
3. Description of the services provided.
The purpose of the website https://www.flamingorealty.fr is to provide information on all the company’s activities.
https://www.flamingorealty.fr strives to provide as accurate information as possible on the site https://www.flamingorealty.fr. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether caused by itself or by third party partners who provide it with this information.
All the information indicated on the website https://www.flamingorealty.fr is given for information only, and is subject to change. In addition, the information on the site https://www.flamingorealty.fr is not exhaustive. They are given subject to modifications that have been made since they were put online.
4. Contractual limitations on technical data.
The website cannot be held liable for any material damage related to the use of the website. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and with a state-of-the-art browser.
The site https://www.flamingorealty.fr is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulations (GDR: 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. However, it reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for maintenance, infrastructure improvement, infrastructure failure or if the Services and Services generate traffic deemed abnormal.
https://www.flamingorealty.fr and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://www.flamingorealty.fr is the owner of the intellectual property rights and holds the user rights on all 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, whatever the means or process used, is prohibited, except with the prior written authorisation of : https://www.flamingorealty.fr.
Any unauthorized 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.
https://www.flamingorealty.fr cannot be held liable for direct or indirect damage caused to the user’s equipment when accessing the website https://www.flamingorealty.fr, 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.
https://www.flamingorealty.fr cannot also be held liable for indirect damages (such as loss of market share or loss of opportunity) resulting from the use of the site https://www.flamingorealty.fr.
Interactive spaces (possibility to ask questions in the contact area) are available to users. https://www.flamingorealty.fr reserves the right to delete, without prior notice, any content deposited in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, https://www.flamingorealty.fr also reserves the right to hold the user liable in civil and/or criminal proceedings, in particular in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photography, etc.).
7. Personal data management.
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for trust in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulations (RGPD: n° 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 person responsible for processing Personal Data is: Mrs Kim BALECH. https://www.flamingorealty.fris represented by Mrs Kim BALECH, its legal representative
As the controller of the data it collects, https://www.flamingorealty.fr undertakes to comply with the legal provisions in force. In particular, it is the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with full information on the processing of their personal data and to maintain a register of processing in accordance with reality.
Whenever https://www.flamingorealty.fr processes Personal Data, https://www.flamingorealty.fr takes all reasonable measures to ensure the accuracy and relevance of the Personal Data for the purposes for which https://www.flamingorealty.fr processes them.
7.2 Purpose of the data collected
https://www.flamingorealty.fr is likely to process all or part of the data:
- to allow navigation on the Site and the management and traceability of services and services ordered by the user: connection and use data of the Site, invoicing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking…) : computer equipment used for browsing, IP address, password (hash)
- to improve navigation on the Site: connection and usage data
- for Google Analytics :
We use Google Analytics to collect information about how visitors use the site, and to better understand their expectations. This allows us to constantly improve the site.
Google Analytics records information about the pages you visit, the length of your visit, the pages from which you came, etc.
We do not receive or store any personal information, the data is anonymous, so this cookie cannot be used to identify you.
We do not allow Google to use or share with any third party the data used to navigate our site.
Cookies have a lifetime of 2 years. You can refuse to accept these cookies at any time in the “service management” panel at the bottom right of your screen.
https://www.flamingorealty.fr does not sell your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of https://www.flamingorealty.fr have the following rights:
- right of access (Article 15 DGPS) and rectification (Article 16 DGPS), updating, completeness of Users’ data right to block or delete Users’ personal data (Article 17 of the DGPS), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, disclosure or storage is prohibited.
- right to withdraw consent at any time (Article 13(2)(c) DGPS)
- right to limit the processing of Users’ data (Article 18 RGPD)
- right to object to the processing of Users’ data (Article 21 RGPD)
- the right to the portability of the data provided by Users, when such data are processed automatically on the basis of their consent or a contract (Article 20 RGPD)
- right to define the fate of Users’ data after their death and to choose to whom https://www.flamingorealty.fr must communicate (or not) their data to a third party they have previously designated
As soon as https://www.flamingorealty.fr becomes aware of the death of a User and in the absence of instructions from him, https://www.flamingorealty.fr undertakes to destroy his data, unless their storage is necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how https://www.flamingorealty.fr uses his Personal Data, requests to rectify them or objects to their processing, the User may contact https://www.flamingorealty.fr in writing at the following address:
SARL FLAMINGO REALTY – DPO, Mrs Kim BALECH
4 CHE DES TOURTERELLES – 83990 SAINT TROPEZ.
Here are some letter templates developed by the Commission Nationale de l’Informatique et des Libertés (the “CNIL”) in order to help the User in his steps:
In this case, the User must indicate the Personal Data that he/she would like https://www.flamingorealty.frcorrect, update or delete, precisely by identifying himself/herself with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on https://www.flamingorealty.fr by law, in particular with regard to the conservation or archiving of documents. Finally, Users of https://www.flamingorealty.fr can file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://www.flamingorealty.fr shall not process, host or transfer Information collected on its Customers to a country outside the European Union or recognised as “not adequate” by the European Commission without first informing the Customer. Nevertheless, https://www.flamingorealty.fr remains free to choose its technical and commercial subcontractors on condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulations (GDR: No 2016-679).
https://www.flamingorealty.fr undertakes to take all necessary precautions to preserve the security of the Information and in particular that it will not be communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of Customer Information is brought to the attention of https://www.flamingorealty.fr, the latter must inform the Customer as soon as possible and inform him of the corrective measures taken. In addition, https://www.flamingorealty.fr does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://www.flamingorealty.fr and subcontractors (service providers), exclusively for the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to Users’ data from https://www.flamingorealty.fr are mainly our customer service agents.
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 users concerned so that 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 customers of all matters relating to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of the user of the site https://www.flamingorealty.fr is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the acquisition of https://www.flamingorealty.fr and its rights would allow the transmission of this information to the potential purchaser, who would in turn be under the same obligation to keep and modify the data with regard to the user of the site https://www.flamingorealty.fr.
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.flamingorealty.fr uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://www.flamingorealty.frtake all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links “cookies” and internet
The site https://www.flamingorealty.fr contains a number of hypertext links to other sites, set up with the permission of https://www.flamingorealty.fr. However, https://www.flamingorealty.fr does not have the possibility to check the content of the sites thus visited, and will therefore not assume any responsibility for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time and free of charge from the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
A “cookie” is a small information file sent to the User’s browser and stored on the User’s terminal (e.g. computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, and the date and time of access. Cookies do not risk damaging the User’s terminal in any way.
https://www.flamingorealty.fr is likely to process the User’s information concerning his visit to the Site, such as the pages consulted and the searches carried out. This information allows https://www.flamingorealty.fr to improve the content of the Site and the User’s navigation.
Cookies facilitate the navigation and/or provision of the services offered by the Site, the User may configure his browser so that he can decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User may also configure his browser software in such a way that the acceptance or rejection of Cookies is offered to him from time to time, before a Cookie is likely to be saved in his terminal. https://www.flamingorealty.fr informs the User that, in this case, not all the functionalities of his browser software may be available.
If the User refuses to accept cookies in his or her device or browser, or if the User deletes cookies registered there, the User is informed that his or her browsing and experience on the Site may be limited. This could also be the case when https://www.flamingorealty.fr or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.
If applicable, https://www.flamingorealty.fr declines all responsibility for the consequences related to the degraded functioning of the Site and any services offered by https://www.flamingorealty.fr, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://www.flamingorealty.fr to record or consult the Cookies necessary for their functioning due to the User’s choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow you to find out how the User can change his or her cookie preferences.
At any time, the User may choose to express and modify his or her wishes regarding Cookies by going to the cookie management panel at the bottom right of the screen. https://www.flamingorealty.fr may also use the services of external service providers to help him or her collect and process the information described in this section.
Article 9.2. INTERNET (“TAGS”) INTERNET
https://www.flamingorealty.fr may occasionally use Internet tags (also known as “tags”, or action tags, one-pixel GIF, transparent GIF, invisible GIF, and one-to-one GIF) and deploy them through a web analytics partner 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 allowing Internet users to access the Site, and on the various pages of the Site.
This technology allows https://www.flamingorealty.fr 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 User’s use of this Site.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for https://www.flamingorealty.fr, and provide other services related to Site and Internet use.
10. Applicable law and jurisdiction.
Any dispute related to the use of the site https://www.flamingorealty.fr is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is vested in the competent court of Draguignan (83).