Legal Notice
1. WEBSITE PRESENTATION
Under article 6 of law n° 2004-575 of June 21, 2004 on confidence in the digital economy, it is specified to users of the site www.thezappypenguin.com the identity of the various stakeholders in the context of its implementation and monitoring:
Owner: Elisa Ellsworth, Camino dels Pallaresos 1, 43120 Constantine, Spain
Creator: Elisa Ellsworth
Responsable publication : Elisa Ellsworth – thezappypenguin@gmail.com
publication manager is a natural person or a legal person.
Webmaster : Elisa Ellsworth – thezappypenguin@gmail.com
Host: Shopify
2. GENERAL CONDITIONS OF USE OF THE SITE AND THE SERVICES OFFERED
Use of the site thezappypenguin.com implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the site thezappypenguin.com are therefore invited to consult them on a regular basis.
This site is normally accessible to users at any time. An interruption due to technical maintenance may however be decided by The Zappy Penguin, who will then endeavor to communicate to users before the dates and times of the intervention.
Thezappypenguin.com website is updated regularly by Elisa Ellsworth. In the same way, the legal notices can be modified at any time: they nevertheless impose themselves on the user who is invited to refer to them as often as possible in order to become acquainted with them.
3. DESCRIPTION OF THE SERVICES PROVIDED
The website thezappypenguin.com aims to provide information on all of the company's activities.
The Zappy Penguin strives to provide on the site thezappypenguin.com information as precise as possible. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether by itself or by the third party partners who provide it with this information.
All the information indicated on the site thezappypenguin.com are given for information only, and are subject to change. In addition, the information on the site thezappypenguin.com are not exhaustive. They are given subject to modifications having been made since they were put online.
4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA
The site uses JavaScript technology.
The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing viruses and with an updated latest generation browser.
5. INTELLECTUAL PROPERTY AND INFRINGEMENTS
The Zappy Penguin is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds, software.
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 authorization of: The Zappy Penguin.
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 and following of the Intellectual Property Code.
6. LIMITATIONS OF LIABILITY
The Zappy Penguin cannot be held liable for any direct or indirect damage caused to the user's equipment when accessing the site. thezappypenguin.com, and 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 an incompatibility.
The Zappy Penguin cannot also be held liable for consequential damages (such as loss of market or loss of opportunity) resulting from the use of the site. thezappypenguin.com
Interactive spaces (possibility to ask questions in the contact space) are available to users. The Zappy Penguin reserves the right to delete, without prior notice, any content posted in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, The Zappy Penguin also reserves the right to challenge the user's civil and/or criminal liability, particularly in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used. (text, photography…).
7. MANAGEMENT OF PERSONAL DATA
In France, personal data is notably protected by law n° 78-87 of January 6, 1978, law n° 2004-801 of August 6, 2004, article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.
When using the site thezappypenguin.com, can be collected: the URL of the links through which the user accessed the site thezappypenguin.com, the user's ISP, the user's Internet Protocol (IP) address.
In any case The Zappy Penguin only collects personal information relating to the user for the need of certain services offered by the site. thezappypenguin.com. The user provides this information with full knowledge of the facts, in particular when he enters it himself. It is then specified to the user of the site thezappypenguin.com the obligation or not to provide this information.
In accordance with the provisions of articles 38 and following of law 78-17 of January 6, 1978 relating to data processing, files and freedoms, all users have a right of access, rectification and opposition to personal data. concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the answer must be sent.
No personal information of the user of the site thezappypenguin.com is not published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of redemption of The Zappy Penguin and its rights would allow the transmission of said information to the prospective purchaser who would in turn be bound by the same obligation to store and modify data with respect to the user of the site thezappypenguin.com
The site is not declared to the CNIL because it does not collect personal information.
The databases are protected by the provisions of the law of July 1, 1998 transposing directive 96/9 of March 11, 1996 relating to the legal protection of databases.
8. HYPERTEXT LINKS AND COOKIES
The website thezappypenguin.com contains a certain number of hypertext links to other sites, set up with the authorization of The Zappy Penguin. However, The Zappy Penguin does not have the possibility of verifying the content of the sites thus visited, and therefore assumes no responsibility for this fact.
Site navigation thezappypenguin.com is likely to 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 thus obtained are intended to facilitate subsequent navigation on the site, and are also intended to allow various measures of attendance.
Refusal to install a cookie may make it impossible to access certain services. However, the user can configure his computer as follows to refuse the installation of cookies:
Under Internet Explorer: tool tab (pictogram in the form of a cog at the top right) / internet options. Click on Privacy and choose Block all cookies. Validate on OK.
Under Firefox: at the top of the browser window, click on 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.
Under Safari: Click at the top right of the browser on the menu icon (symbolized by a cog). Select Settings. Click Show advanced settings. In the "Privacy" section, click Content settings. In the "Cookies" section, you can block cookies.
In Chrome: Click at the top right of the browser on the menu icon (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.
9. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
Any dispute in connection with the use of the site thezappypenguin.com is subject to French law. Exclusive jurisdiction is given to the competent courts of Paris.
10. THE MAIN LAWS CONCERNED
Law n° 78-17 of January 6, 1978, notably modified by law n° 2004-801 of August 6, 2004 relating to data processing, files and freedoms.
Law n° 2004-575 of June 21, 2004 for confidence in the digital economy.
11. LEXICON
User: Internet user connecting, using the aforementioned site.
Personal information: “information which 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 January 6, 1978).