Legal notices

Definitions

Client: Any professional or capable individual within the meaning of Articles 1123 and following of the French Civil Code, or legal entity, who visits the Site that is the subject of these general terms and conditions.
Services: Harvay provides Clients with its products and services through the site.
Content: All elements constituting the information present on the Site, including texts, images, and videos.
Customer Information: Hereinafter referred to as "Information," which corresponds to all personal data that may be held by Harvay for account management, customer relations, analysis, and statistical purposes.
User: Internet user connecting, using the aforementioned site.
Personal Information: "Information that allows, in any form whatsoever, directly or indirectly, the identification of the individuals to whom it applies" (Article 4 of Law No. 78-17 of January 6, 1978).

The terms "personal data," "data subject," "processor," and "sensitive data" have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Presentation of the Website

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, it is specified to users of the Harvay website the identity of the various stakeholders in the context of its implementation and monitoring:

Owner: Hamza Tarmoussi – 201 Allée d'Aquitaine, 92000 Nanterre, FRANCE
Publication Manager: Hamza Tarmoussi – contact@harvaybags.com
Webmaster: Hamza Tarmoussi – contact@harvaybags.com
Host: Shopify – 126 York St. K1N 5T5 Ottawa 1-613-241-2828
Data Protection Officer: Hamza Tarmoussi – contact@harvaybags.com

2. General Conditions of Use of the Site and 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 reuse, assign, or exploit for their own account all or part of the elements or works on the Site in any way.

The use of the Harvay website implies full and complete acceptance of the general terms of use described below. These terms of use are likely to be modified or supplemented at any time; users of the Harvay site are therefore invited to consult them regularly.

This website is normally accessible to users at all times. An interruption for technical maintenance may however be decided by Harvay, who will then endeavor to inform users in advance of the dates and times of the intervention. The Harvay website is updated regularly by Harvay. Likewise, the legal notices may be modified at any time: they nevertheless apply to the user, who is invited to refer to them as often as possible to read them.

3. Description of Services Provided

The Harvay website aims to provide information concerning all of the company’s activities. Harvay strives to provide as accurate information as possible on the site. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updates, whether caused by itself or by third-party partners who provide this information.

All information indicated on the Harvay site is given for informational purposes and is subject to change. Furthermore, the information on the Harvay site is not exhaustive. It is given subject to modifications that have been made since it was posted online.

4. Technical Data Limitation

The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. Furthermore, the site user agrees to access the site using recent equipment that does not contain any viruses and with an updated latest-generation browser. The Harvay site is hosted by a provider within the European Union territory in accordance with the General Data Protection Regulation (GDPR: No. 2016-679).

The goal 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. Nevertheless, it reserves the right to interrupt the hosting service for the shortest possible periods, especially for maintenance, improvement of its infrastructure, failure of its infrastructure, or if the Services generate traffic deemed abnormal.

Harvay and the host cannot be held responsible for any network malfunction, telephone lines, or computer and telephony equipment, particularly due to network congestion preventing access to the server.

5. Intellectual Property and Counterfeits

Harvay owns the intellectual property rights and holds the usage rights on all accessible elements 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 on the site, regardless of the means or process used, is prohibited without prior written authorization from Harvay.

Any unauthorized exploitation 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. Limitation of Liability

Harvay acts as the publisher of the site. Harvay is responsible for the quality and accuracy of the Content it publishes.

Harvay cannot be held liable for direct or indirect damage to the user's equipment when accessing the Harvay website, resulting either from the use of equipment not meeting the specifications indicated in point 4 or from the occurrence of a bug or incompatibility.

Harvay cannot also be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the Harvay website. Interactive spaces (possibility to ask questions in the contact area) are available to users.

Harvay reserves the right to delete, without prior notice, any content posted in this space that would violate the applicable law in France, especially provisions relating to data protection. If necessary, Harvay also reserves the right to bring the user’s civil and/or criminal liability into question, particularly in the event of a racist, abusive, defamatory, or pornographic message, regardless of the medium used (text, photography, etc.).

7. Personal Data Management

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

7.1 Data Collection Responsibilities

For Personal Data collected in connection with the creation of the User’s personal account and navigation on the Site, the controller of Personal Data is: Hamza Tarmoussi, the legal representative of Harvay.

As the controller of the data it collects, Harvay undertakes to respect the framework of the legal provisions in force. It is up to the Client to determine the purposes of data processing, to provide its prospects and clients, from the collection of their consent, with complete information on the processing of their personal data, and to maintain a register of processing activities consistent with reality.

7.2 Purpose of Data Collected

Harvay may process all or part of the data for the following purposes:

To enable navigation on the Site and manage and track services ordered by the user: connection and usage data of the Site, billing, order history, etc.
To prevent and combat computer fraud (spamming, hacking, etc.): hardware used for navigation, IP address, password (hashed)
To improve navigation on the Site: connection and usage data
To conduct optional satisfaction surveys: email address
To conduct communication campaigns (sms, email): phone number, email address

Harvay does not market your personal data, which is used only as needed or for statistical and analytical purposes.

7.3 Rights of Access, Rectification, and Opposition

In accordance with European regulations in force, Users of Harvay have the following rights:

Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), update, and completeness of Users' data
Right to block or delete personal data of Users (Article 17 GDPR), when it is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, or storage is prohibited
Right to withdraw consent at any time (Article 13-2c GDPR)
Right to restrict processing of User data (Article 18 GDPR)
Right to object to the processing of User data (Article 21 GDPR)
Right to data portability provided by Users when this data is subject to automated processing based on their consent or a contract (Article 20 GDPR)
Right to define the fate of Users' data after their death and to choose to whom Harvay should (or should not) communicate their data to a third party designated in advance.

Upon becoming aware of a User's death and in the absence of instructions from them, Harvay undertakes to destroy their data unless its retention is necessary for evidentiary purposes or to meet a legal obligation.

If the User wishes to know how Harvay uses their Personal Data, to request to rectify it, or to oppose its processing, the User may contact Harvay in writing at the following address:

DPO, Micro-entreprise (Harvay)

201 Allée d'Aquitaine, 92000 Nanterre, FRANCE

In this case, the User must indicate the Personal Data they would like Harvay to correct, update, or delete, by identifying themselves precisely with a copy of an identity document (ID card or passport).

Requests for deletion of Personal Data will be subject to the obligations imposed on Harvay by law, particularly regarding the retention or archiving of documents. Finally, Users of Harvay may file a complaint with supervisory authorities, such as the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of Personal Data

Harvay refrains from processing, hosting, or transferring Customer Information to a country located outside the European Union or recognized as "inadequate" by the European Commission without prior notification to the customer. However, Harvay remains free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees concerning the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

Harvay undertakes to take all necessary precautions to preserve the security of Information and ensure that it is not disclosed to unauthorized persons. However, if an incident impacting the integrity or confidentiality of Customer Information comes to Harvay's knowledge, it will promptly inform the Customer and communicate the corrective measures taken.

The User's Personal Data may be processed by Harvay's affiliates and subcontractors (service providers), exclusively to achieve the purposes of this policy.

Within their respective remits and for the purposes mentioned above, the primary persons likely to have access to Harvay Users' data are primarily our customer service agents.

8. Incident Notification

Despite efforts, no method of transmission over the Internet and no method of electronic storage is entirely secure. We cannot, therefore, guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at the national or European level.

No personal information of the user of the Harvay website is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the assumption of the purchase of Harvay and its rights would allow the transmission of said information to the potential purchaser, who would in turn be bound by the same obligation to retain and modify data vis-à-vis the user of the Harvay site.

9. Hypertext Links, “Cookies,” and Internet Tags

The Harvay website contains a number of hypertext links to other sites, set up with the permission of Harvay. However, Harvay has no control over the content of the sites visited and, consequently, assumes no responsibility in this regard.

Unless you choose to disable cookies, you agree that the site may use them. You can disable these cookies at any time for free through your browser settings, which may reduce or prevent access to all or part of the services offered by the site.

9.1. “COOKIES”

A “cookie” is a small information 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 contains 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 damage the User’s device.

Harvay may process User information regarding their visit to the Site, such as pages viewed, searches conducted. This information allows Harvay to improve Site content and User navigation.

Cookies facilitate browsing and/or the provision of services offered by the Site; the User can configure their browser to decide whether to accept them, so that Cookies are saved on the device, or, on the contrary, are rejected, either systematically or according to their issuer. The User may also configure their browser software so that the acceptance or rejection of Cookies is offered from time to time before a Cookie is likely to be recorded in their device. Harvay informs the User that, in this case, it is possible that some functionalities of the browser software will not be fully available.

If the User refuses to save Cookies on their device or browser, or if the User deletes those already saved, their navigation and experience on the Site may be limited. This could also be the case if Harvay or one of its providers cannot recognize, for technical compatibility purposes, the type of browser used by the device, language and display settings, or the country from which the device appears connected to the Internet.

In this case, Harvay disclaims all responsibility for the consequences related to the degraded operation of the Site and any services possibly offered by Harvay, resulting (i) from the refusal of Cookies by the User (ii) from the inability of Harvay to save or consult Cookies necessary for their operation because of the User’s choice. To manage Cookies and User choices, each browser’s configuration is different. It is described in the browser’s help menu, which will explain how the User can change their Cookie preferences.

At any time, the User can choose to express and modify their preferences in terms of Cookies. Harvay may also use external service providers to help collect and process the information described in this section.

Finally, by clicking on the social media icons Twitter, Facebook, LinkedIn, and Google Plus on the Harvay Site or its mobile app, and if the User has accepted the deposit of cookies by continuing to browse the Harvay website or mobile app, these social networks may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your devices if you consent, by continuing to browse the Harvay website or mobile app. The User may, at any time, withdraw their consent to Harvay placing this type of cookie.

9.2. Internet Tags

Harvay may occasionally use Internet tags (also known as "tags," or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a Web analytics specialist partner that may be located (and thus store relevant information, including the User's IP address) in a foreign country.

These tags are placed in online advertisements allowing Internet users to access the Site and on various pages of it.

This technology enables Harvay to evaluate visitor responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information viewed), as well as the use of this Site by the User.

The external provider may collect information on visitors to the Site and other websites using these tags, compile reports on Site activity for Harvay, and provide other services related to the use of it and the Internet.

10. Applicable Law and Jurisdiction

Any dispute relating to the use of the Harvay site is subject to French law. Except where the law does not permit, exclusive jurisdiction is granted to the competent courts of Paris.