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Definitions

Customer: any professional or capable natural person within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site that is the subject of these General Terms and Conditions.
Provisions and Services:https://en.nc-sud-tourism.wp.rc-prod.com/ provides Customers with:

Content: All elements constituting the information present on the Site, in particular text, images, videos.

Customer information: Hereinafter referred to as “Information” which correspond to all personal data that may be held by https://en.nc-sud-tourism.wp.rc-prod.com/ for the management of your account, customer relationship management, and for analysis and statistical purposes.

User: Internet user logging in, using the aforementioned site.

Personal information:“Information which allows, in any form whatsoever, directly or not, 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”, “data processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)

1. Website presentation.

In accordance with Article 6 of French law no. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://en.nc-sud-tourism.wp.rc-prod.com/ website are informed of the identity of the various parties involved in its creation and follow-up:

  • Owner : Sud Tourisme, 48 rue de Sébastopol, 98800 Nouméa
  • Publication manager : Roxanne BRUN – contact@sudtourisme.nc
  • Webmaster : Consultant Digital NC
  • Hoster : Raccourci Interactive – 18 BD MARECHAL LYAUTEY LA ROCHELLE 17000 La Rochelle 05 46 28 17 17
  • Data Protection Officer :SPL Sud Tourisme – contact@sudtourisme.nc

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

The Site constitutes 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 for his or her own account any in part or in whole of the elements or works on the Site.

Use of the site https://en.nc-sud-tourism.wp.rc-prod.com/ implies full acceptance of the General Conditions of Use described below. These Conditions of Use may be amended or supplemented at any time, so users of the https://en.nc-sud-tourism.wp.rc-prod.com/ site are advised to consult them regularly.

TThis website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by https://en.nc-sud-tourism.wp.rc-prod.com/, which will then make every effort to communicate the dates and times of the intervention to users in advance.
The https://en.nc-sud-tourism.wp.rc-prod.com/ website is regularly updated by the https://en.nc-sud-tourism.wp.rc-prod.com/ responsible. In the same way, 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 services provided.

The purpose of the https://en.nc-sud-tourism.wp.rc-prod.com/ is to provide information about all the company’s activities.
https://en.nc-sud-tourism.wp.rc-prod.com/ strives to provide information on the https://en.nc-sud-tourism.wp.rc-prod.com/ site that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies, or lack of updating, whether caused by itself or by third-party partners who provide it with this information.

All information provided on the https://en.nc-sud-tourism.wp.rc-prod.com/ website is given for guidance only and is subject to change. Furthermore, the information on the https://en.nc-sud-tourism.wp.rc-prod.com/ website is not exhaustive. It is provided subject to changes having been made since it was put online.

4. Contractual limitations on technical data.

The site uses JavaScript technology.
The website cannot be held responsible for any material damage resulting from use of the site. In addition, the user of the site shall access the site using recent, virus-free equipment, and with an up-to-date browser.

The site https://en.nc-sud-tourism.wp.rc-prod.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 aim is to provide a service that ensures the highest level of accessibility. The host ensures continuity of service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure, or if the Services generate traffic deemed to be abnormal.

https://en.nc-sud-tourism.wp.rc-prod.com/ and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

https://en.nc-sud-tourism.wp.rc-prod.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, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except prior written authorisation of: https://en.nc-sud-tourism.wp.rc-prod.com/.

Any unauthorised use of the site or of the elements it contains will be considered as counterfeiting and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitations of liability.

Sud Tourisme strives to provide the most accurate information possible on the https://en.nc-sud-tourism.wp.rc-prod.com/ website. However, it cannot be held responsible for any omissions, inaccuracies, or failure to update information, whether due to its own fault or that of third-party partners who supply it.
All information on the https://en.nc-sud-tourism.wp.rc-prod.com/ website is provided for information purposes only, and is subject to change. Furthermore, the information provided on the https://en.nc-sud-tourism.wp.rc-prod.com/ website is not exhaustive. It is provided subject to changes having been made since it was put online.
Sud Tourisme declines all liability for the information available on the https://en.nc-sud-tourism.wp.rc-prod.com/ website and for the use that may be made of the information contained on this site or obtained in response to a question asked through this site.
In no event will Sud Tourisme be liable for any damages whatsoever, direct or indirect, arising out of or in connection with the use of this site.
Sud Tourisme cannot be held liable for direct and indirect damage caused to the user’s equipment when accessing the https://en.nc-sud-tourism.wp.rc-prod.com/ website, 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 incompatibility.
Sud Tourisme cannot be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://en.nc-sud-tourism.wp.rc-prod.com/.
Interactive areas (possibility to ask questions in the contact area) are available to users. https://en.nc-sud-tourism.wp.rc-prod.com/ reserves the right to delete, without prior notice, any content posted in this area that contravenes legislation applicable in France, in particular provisions relating to data protection. Where applicable, Sud Tourisme also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory, or pornographic nature, whatever the medium used (text, photographs, etc.).

7. Personal data management.

The Customer is informed of the regulations concerning marketing communications, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act Law of 6 August 2004 as well as the General Data Protection Regulation (GDPR: no. 2016-679).

7.1 Data controller

For Personal Data collected as part of the creation of the User’s personal account and browsing on the Site, the Data Controller is Sud Tourisme. https://en.nc-sud-tourism.wp.rc-prod.com/ is represented by Roxanne Brun, its legal representative.
As the Data Controller, https://en.nc-sud-tourism.wp.rc-prod.com/ shall comply with the framework of the legal provisions in force. In particular, it is the Data Controller’s responsibility to establish the purposes of its data processing, to provide its prospects and customers with full information on the processing of their personal data, once their consent has been obtained, and to maintain an accurate data processing register.
Whenever https://en.nc-sud-tourism.wp.rc-prod.com/ processes Personal Data, https://en.nc-sud-tourism.wp.rc-prod.com/ takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which https://en.nc-sud-tourism.wp.rc-prod.com/ processes it.

7.2 Purpose of the data collected

https://en.nc-sud-tourism.wp.rc-prod.com/ may process all or part of the data:

  • to enable browsing on the Site and the management and traceability of services ordered by the user: Site connection and usage data, invoicing, order history, etc.
  • to prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password (hashed), etc.
  • to improve browsing on the Site: connection and usage data
  • to conduct optional satisfaction surveys on https://en.nc-sud-tourism.wp.rc-prod.com/: email address
  • for communication campaigns (SMS, e-mail): telephone number, e-mail address

https://en.nc-sud-tourism.wp.rc-prod.com/ does not market your personal data, which is therefore only used by necessity or for statistical and analysis purposes.

7.3 Right of access, rectification, and objection

In accordance with current European regulations, Users of https://en.nc-sud-tourism.wp.rc-prod.com/ have the following rights:

  • right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users’ data right to block or delete Users’ personal data (Article 17 GDPR), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication, or storage is prohibited
  • right to withdraw consent at any time (Article 13-2c GDPR)
  • right to limit the processing of Users’ data (Article 18 GDPR).
  • right to object to the processing of Users’ data (Article 21 GDPR).
  • right to 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 the fate of Users’ data after their death and to choose to whom https://en.nc-sud-tourism.wp.rc-prod.com/ should communicate (or not communicate) their data to a third party they have previously designated

As soon as https://en.nc-sud-tourism.wp.rc-prod.com/ becomes aware of a User’s death and in the absence of instructions from the User, https://en.nc-sud-tourism.wp.rc-prod.com/ undertakes to destroy the User’s data, unless its retention proves necessary for evidentiary purposes or to meet a legal obligation.

If the User wishes to know how https://en.nc-sud-tourism.wp.rc-prod.com/ uses their Personal Data, ask to rectify them or object to their processing, the User may contact https://en.nc-sud-tourism.wp.rc-prod.com/ in writing at the following address:
Sud Tourisme – DPO
33 rue de Sébastopol, 98800 Nouméa.

In this case, the User must indicate the Personal Data he/she would like https://en.nc-sud-tourism.wp.rc-prod.com/ to correct, update or delete, identifying himself/herself precisely with a copy of an identity document (ID card or passport).

Requests for deletion of Personal Data will be subject to the obligations that are imposed on https://en.nc-sud-tourism.wp.rc-prod.com/ by law, in particular with regard to the retention or archiving of documents. Finally, Users of https://en.nc-sud-tourism.wp.rc-prod.com/ may lodge 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://en.nc-sud-tourism.wp.rc-prod.com/ will not process, host or transfer Information collected on its Customers to a country outside the European Union or recognized as “non-adequate” by the European Commission without first informing the Customer. For all that, https://en.nc-sud-tourism.wp.rc-prod.com/ remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).

https://en.nc-sud-tourism.wp.rc-prod.com/ undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://en.nc-sud-tourism.wp.rc-prod.com/, the latter shall as soon as possible inform the Customer and communicate the corrective measures taken. Furthermore https://en.nc-sud-tourism.wp.rc-prod.com/ does not collect any “sensitive data”.

The User’s Personal Data may be processed by https://en.nc-sud-tourism.wp.rc-prod.com/ subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to https://en.nc-sud-tourism.wp.rc-prod.com/ Users’ data are mainly our customer service agents.

7.5 Types of data collected

Concerning users of a Site https://en.nc-sud-tourism.wp.rc-prod.com/, we collect the following data which are essential to the operation of the service, and which will be kept for a maximum period of 36 months after the end of the contractual relationship:
Statistical monitoring data
https://en.nc-sud-tourism.wp.rc-prod.com/ also collects information to improve the user experience and offer contextualised advice:
email, last name, first name, town, geolocation
This data is kept for a maximum period of 36 months after the end of the contractual relationship.

8. Incident notification

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. As a result, we cannot guarantee absolute safety.
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 account of our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to the security of their account, and to providing them with all the information they need to help them meet their own regulatory reporting obligations.
No personal information of the user of the site https://en.nc-sud-tourism.wp.rc-prod.com/ is published, exchanged, transferred, ceded, or sold to third parties without the user’s knowledge, on any medium whatsoever. Only the assumption of the repurchase of https://en.nc-sud-tourism.wp.rc-prod.com/ and of its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held to the same obligation of conservation and modification of the data with respect to the user of the site https://en.nc-sud-tourism.wp.rc-prod.com/.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.sudtourisme.nc uses networks protected by standard devices such as firewalls, pseudonymisation, encryption, and passwords.
When processing Personal Data, https://en.nc-sud-tourism.wp.rc-prod.com/ takes all reasonable steps to protect it from loss, misuse, unauthorised access, disclosure, alteration, or destruction.

9. Hypertext links “cookies” and internet tags

The https://en.nc-sud-tourism.wp.rc-prod.com/ site contains a number of hypertext links to other sites, set up with the authorisation of https://en.nc-sud-tourism.wp.rc-prod.com/. However, https://en.nc-sud-tourism.wp.rc-prod.com/ is unable to check the content of sites visited in this way, and consequently assumes no liability in this respect.
Unless you decide to disable cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options provided below, although 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 data 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 are in no way likely to damage the User’s terminal.
https://en.nc-sud-tourism.wp.rc-prod.com/ is likely to process the User’s information concerning his/her visit to the Site, such as pages consulted, searches carried out. This information enables https://en.nc-sud-tourism.wp.rc-prod.com/ to improve the content of the Site, and to the User’s browsing experience.

Cookies facilitate browsing and/or the provision of services offered by the Site, and the User may configure his/her browser to allow him/ her to decide whether to accept them, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or depending on the sender. The User may also configure his/her browsing software so that acceptance or refusal of Cookies is proposed to him/her each time before a Cookie is likely to be recorded in his/her terminal. https://en.nc-sud-tourism.wp.rc-prod.com/ informs the User that, in this case, it is possible that not all the functionalities of his/her browsing software will be available.
If the User refuses to accept cookies on his/her terminal or browser, or if the User deletes cookies stored on his/her terminal or browser, the User is informed that his/her browsing and experience on the Site may be limited. This could also be the case when https://en.nc-sud-tourism.wp.rc-prod.com/ or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the terminal, the language, or display settings, or the country from which the terminal appears to be connected to the Internet.

Where applicable, https://en.nc-sud-tourism.wp.rc-prod.com/ declines all liability for the consequences related to the degraded operation of the Site and any services offered by https://en.nc-sud-tourism.wp.rc-prod.com/, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://en.nc-sud-tourism.wp.rc-prod.com/ to record or consult the Cookies necessary for their operation due to the User’s choice. Each browser is configured differently to manage cookies and user choices. It is described in the browser’s help menu, which will show how the User can modify his/her wishes with regard to Cookies.
At any time, the User may choose to express and modify his/her wishes with regard to Cookies. https://en.nc-sud-tourism.wp.rc-prod.com/ may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking the icons dedicated to the social networks Twitter, Facebook, LinkedIn, and Google Plus appearing on the https://en.nc-sud-tourism.wp.rc-prod.com/ Website or in its mobile application, and if the User has accepted the deposit of cookies by continuing to browse the https://en.nc-sud-tourism.wp.rc-prod.com/ Website or mobile application, Twitter, Facebook, LinkedIn, and Google Plus may also deposit cookies on your terminals (computer, tablet, cell phone).

These types of cookies are deposited on your terminals only if you consent to them, by continuing your browsing on https://en.nc-sud-tourism.wp.rc-prod.com/ Website or mobile application. At any time, however, the User may revoke his/her consent for https://en.nc-sud-tourism.wp.rc-prod.com/ to deposit this type of cookie.

Article 9.2. INTERNET TAGS

https://en.nc-sud-tourism.wp.rc-prod.com/ may occasionally employ Internet tags (also known as “balise” in French, or as action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialist web analytics partner that may be located (and therefore store related information, including the User’s IP address) in a foreign country.

These beacons are placed both in online advertisements enabling Internet users to access the Site, and on its various pages.

This technology enables https://en.nc-sud-tourism.wp.rc-prod.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 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://en.nc-sud-tourism.wp.rc-prod.com/, and provide other services relating to the use of the Site and the Internet.

10. Applicable law and attribution of jurisdiction.

Any dispute relating to the use of the https://en.nc-sud-tourism.wp.rc-prod.com/ site is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is given to the relevant courts of Nouméa.

11. Legal notice for publication of reviews

“Article D111-17 – French Consumer Code”

  • Reviews published on sudtourisme.nc are subject to a control procedure:
  • Verification, moderation, rejection of the review (see main control features)
  • Reviews published on https://en.nc-sud-tourism.wp.rc-prod.com/ are sorted by date.
  • No consideration is provided in exchange for reviews posted on sudtourisme.nc.
  • A notice is published within 3 working days.
  • Reviews posted on https://en.nc-sud-tourism.wp.rc-prod.com/ are not modified prior to publication.
  • Upon request, the manager of the sudtourisme.nc site is able to identify and/or contact the author of the notice.
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