Customer: any professional or capable natural person, within the meaning of Articles 1123 et seq. of the French Civil Code, or legal person who visits the Website covered by these terms and conditions.
Services: https://www.caledoniandream.com offers Customers:
Content: All elements making up the information on the Website, including text – images – videos.
Customer information: Hereinafter referred to as “Information”, corresponding to all the personal data that may be held by https://www.caledoniandream.com to manage your account, for customer relationship management and for analytical and statistical purposes.
User: Any internet user who connects to and uses the aforementioned Website.
Personal information: “Any form of information that enables the direct or indirect identification of the natural persons to whom it refers” (Article 4 of Law no. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “subcontractor” and “sensitive data” are defined by the General Data Protection Regulation (GDPR: no. 2016-679)
1. PUBLICATION OF THE WEBSITE.
In accordance with Article 6 of Law no. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://www.caledoniandream.com website can enjoy full transparency regarding the identity of the various stakeholders involved in its performance and monitoring:
Owner: GIE Nouvelle-Calédonie Tourisme Point Sud – 20 Rue Anatole France 98845 Nouméa Cedex
Publication Manager: Jean-Marc Mocellin – firstname.lastname@example.org
The Publication Manager is a natural or legal person.
Webmaster: Bastien Serafin – email@example.com
Host: OVH – 2 Rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Grailles – firstname.lastname@example.org
2. TERMS AND CONDITIONS OF THE WEBSITE AND SERVICES ON OFFER.
The Website is an intellectual work protected by the provisions of the French Intellectual Property Code and applicable International Regulations.
The Customer may not in any way reuse, transfer or exploit all or part of the elements or works on the Website for their own account.
The use of the https://www.caledoniandream.com website implies full acceptance of the terms and conditions described below. These terms and conditions may be modified or supplemented at any time; users of the https://www.caledoniandream.com website are therefore advised to consult them regularly.
This website is normally accessible to users at any time. However, interruptions due to technical maintenance may be deemed necessary by https://www.caledoniandream.com, who will then endeavour to communicate the dates and times of the maintenance to users.
The https://www.caledoniandream.com website is updated regularly by the responsible party, https://www.caledoniandream.com. Similarly, the legal notices can be modified at any time: they do nevertheless apply to the user, who is invited to refer to them as often as possible in order to stay informed.
3. DESCRIPTION OF THE SERVICES PROVIDED.
The https://www.caledoniandream.com website is intended to provide information on all of the company’s activities.
https://www.caledoniandream.com strives to provide the most accurate information possible on the https://www.caledoniandream.com website. However, they cannot be held responsible for any oversights, inaccuracies or missing information in the updates, whether by them or the third party partners who provide this information.
All the information provided on the https://www.caledoniandream.com website is provided for information purposes only, and is subject to change. In addition, the information on the https://www.caledoniandream.com website is not exhaustive. It is provided subject to changes made since it went online.
4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA.
The website cannot be held responsible for material damage related to the use of the website. Furthermore, the website user agrees to access the site using recent equipment, which is free from any viruses and with an up-to-date latest generation browser.
The https://www.caledoniandream.com website is hosted by a service provider 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 possible availability. The host guarantees its services 24/7, 365 days a years. However, it reserves the right to interrupt the hosting service for the shortest time possible, namely for maintenance purposes, to improve its infrastructure, for infrastructure failures or if the Services generate traffic deemed abnormal.
https://www.caledoniandream.com and the host cannot be held responsible in the event of a malfunction affecting the internet, telephone lines or computer and telephone equipment, especially related to network congestion preventing access to the server.
5. INTELLECTUAL PROPERTY AND INFRINGEMENTS.
https://www.caledoniandream.com owns the intellectual property rights for, and has the right to use, all the elements on the website, including text, images, graphics, logos, videos, icons and sounds.
Any reproduction, presentation, modification, publication, adaptation of all or part of the elements of the website, regardless of the means or process used, is prohibited without prior written permission from: https://www.caledoniandream.com.
Any unauthorised use of the website or any of its elements will be considered an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.
6. LIMITATION OF LIABILITY.
https://www.caledoniandream.com, in its capacity as the publisher of the https://www.caledoniandream.com website, is responsible for the quality and veracity of the Content it publishes.
https://www.caledoniandream.com cannot be held responsible for direct or indirect damage to the user’s equipment when accessing the https://www.caledoniandream.com website, resulting either from the use of equipment that does not meet the specifications given in point 4, or from a compatibility issue or bug.
https://www.caledoniandream.com also cannot be held responsible for indirect damage (for example loss of market share or loss of an opportunity) resulting from the use of the https://www.caledoniandream.com website.
Interactive spaces are available to users (opportunity to ask questions in the contact area). https://www.caledoniandream.com reserves the right to delete, without prior notice, any content posted in this space that is deemed to contravene the applicable legislation in France, particularly the provisions relating to data protection. If necessary, https://www.caledoniandream.com reserves the right to take civil or legal action against the user, particularly regarding racist, offensive, defamatory, or pornographic messages, whatever the medium used (text, photography, etc.).
7. MANAGEMENT OF PERSONAL DATA.
The Customer shall be informed of the regulations concerning marketing communications, the Law of 21 June 2014 on Confidence in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulation (GDPR: no. 2016-679).
7.1 PARTIES RESPONSIBLE FOR THE COLLECTION OF PERSONAL DATA
For the Personal Data collected in connection with the creation of the User’s personal account and their browsing on the Website, the Personal Data controller is: Nouvelle-Calédonie Tourisme Point Sud. https://www.caledoniandream.com is represented by Mocellin, its legal representative.
As the controller for the data it collects, https://www.caledoniandream.com agrees to comply with the legal provisions in force. In particular, it must allow the Customer to determine the purposes of the processing of their data, provide its prospective customers and customers with complete information on the processing of their personal data, starting from the consent form, and maintain an accurate record of the processing carried out.
Whenever https://www.caledoniandream.com processes Personal Data, https://www.caledoniandream.com takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://www.caledoniandream.com is processing it.
7.2 PURPOSE OF THE DATA COLLECTED
https://www.caledoniandream.com may process all or part of the data:
- to allow the user to browse the Website and manage and track services ordered by the user: login details and Website usage, invoicing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
- to improve Website browsing: login details and usage
- to conduct optional satisfaction surveys on https://www.caledoniandream.com: email address
- to carry out communication campaigns (sms, email): phone number, email address
https://www.caledoniandream.com does not sell your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 RIGHT TO ACCESS, RECTIFICATION AND TO OBJECT
In accordance with current European regulations, Users of https://www.caledoniandream.com have the following rights:
- the right to access (GDPR Article 15) and to rectification (GDPR Article 16), the right to update and complete User data, the right to lock or erase User data of a personal nature (GDPR Article 17) when it is inaccurate, incomplete, questionable, out of date, or if its collection, use, communication or retention is prohibited
- the right to withdraw consent at any time (GDPR Article 13-2c)
- the right to limit the processing of User data (GDPR Article 18)
- the right to object to the processing of User data (GDPR Article 21)
- the right to the portability of the data provided by Users, when this data is subject to automated processing based on their consent or a contract (GDPR Article 20)
- the right to define the fate of User data after the User’s death and to choose whether https://www.caledoniandream.com has to communicate said data to a previously designated third party
As soon as https://www.caledoniandream.com learns of the death of a User, and in the absence of instructions from them, https://www.caledoniandream.com will undertake to destroy their data, unless its retention is required for proof or to fulfil a legal obligation.
If the User wishes to know how https://www.caledoniandream.com uses their Personal Data, or to request rectification or object to its processing, the User can contact https://www.caledoniandream.com by writing to the following address:
Nouvelle-Calédonie Tourisme Point Sud – DPO, Grailles
20 Rue Anatole France 98845 Noumea Cedex.
In this case, the User must indicate the Personal Data that they would like https://www.caledoniandream.com to correct, update or delete, and identify themselves with a copy of a piece of identification (ID card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.caledoniandream.com by law, particularly with regard to the retention or archiving of documents. Finally, Users of https://www.caledoniandream.com may file a complaint with the supervisory authorities, particularly the CNIL (https://www.cnil.fr/fr/complaints).
7.4 NONCOMMUNICATION OF PERSONAL DATA
https://www.caledoniandream.com is prohibited from processing, hosting or transferring the Information collected on its Customers to countries located outside the European Union or deemed “inadequate” by the European Commission without first informing the customer. However, https://www.caledoniandream.com is free to choose its technical and commercial subcontractors on the condition that they have sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).
https://www.caledoniandream.com undertakes to take all necessary precautions to ensure the security of the Information, in particular that said Information is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer Information is brought to the attention of https://www.caledoniandream.com, it shall inform the Customer as soon as possible and communicate the corrective measures taken. Additionally, https://www.caledoniandream.com does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries and subcontractors (service providers) of https://www.caledoniandream.com, exclusively for the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the principal persons likely to have access to the https://www.caledoniandream.com User data are our customer service agents.
7.5 TYPE OF DATA COLLECTED
We collect the following data regarding the users of the https://www.caledoniandream.com Website, which is deemed essential for the operation of the service, and which will be stored for a maximum of 9 months after the end of the contractual relationship:
Travel quote request:
– last name, first name, email, telephone number
https://www.caledoniandream.com also collects information to improve the user experience and provide relevant advice:
– Statistical monitoring data
– Advertising tracking
This data is stored for a maximum of 24 months after the end of the contractual relationship
8. INCIDENT REPORTING
No matter the measures taken, no method of data transmission over the internet or 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 that they can take appropriate action. Our incident reporting procedures take into account our legal obligations at both the national and European level. We are committed to keeping our customers fully informed regarding all matters relating to the security of their account and providing them with all the information they need to help them meet their own regulatory reporting requirements.
No personal information regarding users of the https://www.caledoniandream.com website can published, exchanged, transferred, assigned or sold in any medium to third parties without the user’s knowledge. Only the potential purchase of https://www.caledoniandream.com and its rights would allow for the transmission of such information to the prospective purchaser, who would in turn have the same data retention and modification obligations with regard to the users of the https://www.caledoniandream.com website.
To ensure the security and confidentiality of the Personal Data and Personal Health Data, https://www.caledoniandream.com uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.
While processing Personal Data, https://www.caledoniandream.com takes all reasonable steps to protect against loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. HYPERTEXT LINKS, COOKIES AND WEB TAGS
https://www.caledoniandream.com contains a number of hypertext links to other sites, put in place with the permission of https://www.caledoniandream.com. However, https://www.caledoniandream.com cannot check the content of websites visited in this manner, and therefore assumes no responsibility in this regard.
Unless you decide to disable cookies, you automatically agree that the website can use them. You can disable these cookies for free using the options listed below, knowing that this may reduce or prevent access to all or part of the Services offered by the website.
A cookie is a small 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 includes information such as the User’s domain name, the User’s Internet Service Provider, the User’s operating system, as well as the access date and time. There is no risk of Cookies causing any damage to the User’s device.
https://www.caledoniandream.com may process information regarding the User’s visit to the Website, such as the pages consulted, the searches carried out, etc. This information allows https://www.caledoniandream.com to improve the Website content and the User’s browsing experience.
If the User refuses to store Cookies on their device or browser, or if the User deletes the Cookies stored there, their browsing and Website experience may be limited. This may also be the case when https://www.caledoniandream.com or one of its service providers cannot recognise 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, for technical compatibility purposes.
If applicable, https://www.caledoniandream.com declines all responsibility for any consequences related to the reduced functionality of the Website and any services offered by https://www.caledoniandream.com resulting from (i) the User refusing Cookies (ii) https://www.caledoniandream.com being unable to store or consult the Cookies required for operation because of the User’s choices. In terms of managing Cookies and the User’s choices, the configuration of each browser is different. Information can be found in the browser’s help menu, which indicates how the User can change their Cookie preferences.
The User can choose to express and modify their wishes regarding Cookies at any time. https://www.caledoniandream.com may also use the services of external providers to help collect and process the information described in this section.
Finally, by clicking on the icons for the Twitter, Facebook, Linkedin and Google Plus social networks on the https://www.caledoniandream.com Website or mobile application, if the User has accepted Cookies by continuing to browse the https://www.caledoniandream.com Website or the mobile application, 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 them by continuing to browse the https://www.caledoniandream.com Website or mobile application. However, the User can retract their consent, allowing https://www.caledoniandream.com to deposit this type of Cookies at any time.
ARTICLE 9.2. WEB TAGS
https://www.caledoniandream.com may occasionally use web tags (also called tags, action tags, 1×1 gifs, clear gifs and tracking pixels) and implement them by way of a Web analytics partner that may be located in a foreign country (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 internet users to access the Website and on the various pages of the Website.
This technology allows https://www.caledoniandream.com to evaluate visitors’ responses to the Website 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 the Website by the User.
External service providers use these tags to may collect information about visitors to the Website and other websites, compile reports on the Website activity for the attention of https://www.caledoniandream.com, and provide other services related to the use of the Website and the internet.
10. APPLICABLE LAW AND JURISDICTION.
Any dispute in connection with the use of the https://www.caledoniandream.com website is governed by French law.
Except in cases where the law does not allow it, exclusive jurisdiction is conferred to the competent courts of Nouméa.