Legal terms | French luxury baby brand Atelier Choux

I. IDENTIFICATION

This www.atelierchoux.com website (hereinafter referred to as the “Website”) is published by Atelier Choux S.A.S., a limited company with a share capital of €10,000 registered in the Paris Trade and Companies Register under the number 81830302600012, whose registered office is at 88, rue de Miromesnil, 75008 Paris. The President of Atelier Choux and the company’s Publishing Manager is Mr Nicolas SMOLARSKI. The Website is hosted by OVH, whose registered office is at 2 rue Kellermann – 59100 Roubaix – France. Access to the Website and use of the contents takes place as described below. The fact of accessing the Website and browsing it constitutes unreserved acceptance of the following provisions on the part of the Internet user.

II. INTELLECTUAL PROPERTY

2.1 Ownership Atelier Choux is the holder of the Website’s domain name. The Website as a whole and the various elements making it up (such as texts, tree structures, software, animations, photographs, videos, illustrations, diagrams, graphics, logos, etc.) constitute intellectual works protected under the provisions of Articles L.111-1 et seq. of the French Intellectual Property Code. They are the exclusive property of Atelier Choux, which is solely entitled to use the said intellectual property rights and the corresponding personality rights, trademarks, models, intellectual works, software, databases, interpretations, and images of individuals, either on the score of its original title to same or by virtue of a licence or express authorization. 2.2 Sanctions The use of all or part the Website, for example by means of downloading, reproduction, transmission, display or dissemination for any purpose other than their personal and private non-commercial use is strictly prohibited. Violation of Atelier Choux’s rights renders any person guilty of this liable to the sanctions set forth in the Intellectual Property Code on the score of copyright infringement (Article L. 335-1 et seq.) and trademark law (Article L. 716-1 et seq.), and stipulated by the French Civil Code on the score of civil liability (Article 9, and Articles 1382 et seq.). 2.3 Hyperlinks The creation of any hyperlinks to any web page or element whatsoever of the Website is prohibited in the absence of Atelier Choux’s prior written authorization. Any such authorization may be withdrawn at any time. No website with a hyperlink to the Website or to any of the elements composing it is under the control of Atelier Choux, and the latter consequently declines to accept any liability (including in particular editorial responsibility/liability) concerning access to these websites or their content.

III. PERSONAL DATA

This section is dedicated to Atelier Choux’s privacy policy, and it states the origin and use of the navigation information processed on the occasion of Internet users’ accessing the site, and states their rights. This policy is therefore important for Internet users, who wish to have a positive experience of the Website and have confidence in use of the Website. The policy is also important for Atelier Choux, which wishes to reply accurately and fully to any questions put by visitors to the Website concerning consultation and use of the Website, and seeks to take their wishes into account. 3.1 The nature of personal data The term personal data applies to any personal information (such as: user ID, password, surname, first name, date of birth, email address and postal address) that visitors to the Website may forward to Atelier Choux in the context of subscribing to the Atelier Choux newsletter via the section of the Website entitled “NEWSLETTER” and/or in the context of any message sent on the Website via the “CONTACT” page and/or on the occasion of their using the Website and the services proposed. This data, regardless of its nature, may directly or indirectly enable Atelier Choux to identify visitors and know them better and send them its newsletter and/or reply to their messages and/or facilitate their navigation of the Website and/or optimize the quality of the services offered them. When a visitor provides personal data, they undertake to answer the questions put to them, and in this context forward to Atelier Choux full, accurate and up-to-date information that is not in any way prejudicial to the interests or rights of third parties. 3.2 Consent No item of personal data will be collected without the consent of the person concerned. The optional or obligatory nature of the legal information to be communicated to Atelier Choux in the context of the data collected on the Website will be indicated in advance to visitors to the Website. These latter will be under no obligation whatsoever to forward personal data to Atelier Choux. However, in the event of refusal, Atelier Choux will not be able to send users of the Website its newsletter and/or reply to their messages and/or facilitate their navigation of the Website. If a Website user no longer wishes to receive the Atelier Choux newsletter, they may advise Atelier Choux of this by sending an email to the following address: [email protected]. At all events, anyone may also unsubscribe to the Atelier Choux newsletter by clicking on a hyperlink provided directly on each number of the newsletter sent to them. 3.3 Identity of the person or entity responsible for processing personal data Atelier Choux will be responsible for collecting and processing personal data provided on the Website. 3.4 Recipient(s) of personal data Atelier Choux is the sole recipient of personal data collected on the Website, and will only forward it to a third party if: – the Internet user has given their prior consent to this, – the said third party is intervening in the capacity of a Atelier Choux subcontractor in the context of providing the Website and the services offered on it, – Atelier Choux has been ordered by a judicial authority or any other administrative authority to forward such data to it. 3.5 The rights of visitors to the Website In accordance with statute no. 78-17 of 6 January 1978, the French Data Protection Act, the Website has been made the subject of a declaration concerning the automatic processing of personal data submitted to the CNIL (the French data processing watchdog). Each Internet user has the right to access personal data concerning them and have it rectified, added to, updated, locked or deleted if appropriate and, if they have legitimate grounds for this, object to its being processed. In order to exercise these rights, you should contact Atelier Choux by email at the following address: [email protected]. 3.6 Cookies When consulting the Website, information concerning visitors’ navigation of it via their terminal (computer, tablet, smartphone, etc.) may be recorded in “Cookies” files (alphanumerical user IDs) installed on the said terminal, subject to the choices expressed by them hereinafter concerning the said cookies (these choices may be modified at any time) and the parameters of the navigation software used. The time for which information provided by the “cookie” on the Website concerning the visitor’s navigation of the Website is stored will not exceed one year at most. Cookies enable Atelier Choux, without personally identifying the visitor: – to store information concerning any forms they may have filled in on the Website (registration or access to their account) or concerning products, services or information that they have chosen or consulted on the Website (for example: content of a shopping basket, etc.); – to enable visitors to access reserved personal spaces on the Website such as their account, thanks to user IDs or data communicated previously; – to implement security measures, as for example, when a visitor is asked to reconnect to content or to a service after a certain lapse of time. Several possibilities are offered to Internet users for the purpose of managing any cookies installed (any parameterization made in this way by a visitor may possibly modify their Internet navigation and the conditions for their access to certain services that necessitate the use of cookies): – visitors to the Website may configure their navigation software in such a way that cookies are recorded on their terminal or, alternatively rejected, either systematically or depending on the issuer. Visitors to the Website may also configure their navigation software in such a way that the acceptance or rejection of cookies is proposed on a random basis before a cookie is likely to be recorded in their terminal; – if a Website user agrees to have cookies registered in their navigation software, the cookies incorporated into the pages and contents consulted by them may be temporarily stored in a dedicated space on their terminal. There they will only be readable by the person or entity that issued them; – if, on the other hand, a Website user refuses to have cookies recorded in their terminal, or deletes those recorded in it, they will no longer be able to use a certain number of functions which are nevertheless necessary in order to be able to browse in certain areas of the Website. This will be the case if they try to access contents or services for which it is necessary to identify oneself, or when Atelier Choux or its providers of technical services are unable to recognize for the purposes of ensuring technical compatibility the type of browser used by the Website user’s terminal, its language and display parameters, or the country from which the said terminal seems to be connected to the Internet. In this event, Atelier Choux declines to accept any liability concerning the consequences resulting from the less than perfect performance of its Website and/or of its services resulting from its being impossible to record or consult the cookies necessary to ensure their operation that the Website user has rejected or deleted. For the management of cookies by Internet users and the choices made by them, the configuration of each browser is different. It is described in the browser’s help menu. For Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies, For Safari™: http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html, For Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=in&answer=95647, For Firefox™: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies, For Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html.

IV. RESPONSIBILITY/LIABILITY

Atelier Choux will do everything possible to ensure that the information provided on its Website is accurate and up-to-date; it reserves the right to correct the content of the Website at any time, without prior notice. However, Atelier Choux cannot guarantee the accuracy, precision and exhaustiveness of the information made available on the Website, which information constitutes neither a guarantee nor an undertaking towards visitors to the Website on the part of Atelier Choux. In particular, Atelier Choux cannot be held liable for: – any imprecision, inaccuracy or omission affecting information available on the Website; – for any harm or damage resulting from hacking by a third party that has led to the modification of information made available on the Website; – and, speaking more generally, any direct or indirect damage, regardless of the causes, origins, nature and consequences thereof, due to anyone’s having accessed the Website or to its being impossible to access it, as likewise due to use of the Website and/or the credit accorded to any information coming directly or indirectly from the latter. Atelier Choux implements all due means for the purposes of ensuring the security of files created on the basis of personal data collected on the Website. It is, however, pointed out that Atelier Choux cannot control the innate risks associated with the operation of the Internet, and draws people’s attention to the existence of possible risks vis-à-vis the confidentiality of data transiting via this network.

V. MODIFICATION OF THIS LEGAL INFORMATION

Atelier Choux hereby informs those consulting the Website that this legal information may be modified at any time. These modifications will be published by being put online and will be held to have been unreservedly accepted by any Internet user who accesses the Website after they have been put online.

VI. DISPUTES

This legal information is drawn up in accordance with French law, in particular the provisions of statute no. 2004-575 of 21 June 2004 concerning confidence in the digital economy, and statute no. 78-17 of 6 January 1978, known as the Data Protection Act. The French courts are territorially competent to rule on any dispute relating to use of the Website, except in the event of any provisions to the contrary stemming from EC Regulation no. 44/2001 of 20 December 2000 concerning judicial competence and the acknowledgement and enforcement of decisions in civil and commercial cases (Brussels I). For any question that an Internet user might wish to ask concerning use of the Website and/or concerning this legal information, and for any request that they might wish to make to Atelier Choux, they may send a message via the “CONTACT” section in the Website and/or send an email to the following address: [email protected].

Paris, March 1st 2016