Legal Notice

DEFINITIONS

Customer : any professional or capable natural person within the meaning of articles 1123 and following of the Civil Code, or legal entity, who visits the Site which is the subject of these general terms and conditions.

Services : growingfeelings.com provides Customers with :

Content : All the elements making up the information on the Site, in particular text, images and videos.

Customer information : Hereinafter referred to as "Information (s)" which correspond to all personal data that may be held by growingfeelings.com for the management of your account, customer relationship management and for analysis and statistical purposes.

User : Internet user connecting to and using the aforementioned site.

Personal information : "Information which enables, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law no. 78-17 of 6 January 1978).

The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning 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 21 June 2004 on confidence in the digital economy, users of the growingfeelings.com website are informed of the identity of the various parties involved in its creation and monitoring:

Owner : GROWING FEELINGS LTD - 71-75 Shelton Street, Covent Garden WC2H 9JQ London
Publication manager : LAZAZAT ALI - +44 7441 443424
Webmaster : LAZAZAT ALI - +44 7441 443424
Host : Shopify - 151 O'Connor Street - Ground Floor - Ottawa, Ontario K2P 2L8 – Canada _ 1-613-241-2828
Data Protection Officer : LAZAZAT ALI - support@growingfeelings.com

  1. GENERAL TERMS AND 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 on his own account all or part of the elements or works on the Site.

Use of the growingfeelings.com website implies full acceptance of the general conditions of use described below. These conditions of use may be amended or supplemented at any time, and users of the growingfeelings.com website are therefore advised to consult them regularly.

This website is normally accessible to users at all times. However, growingfeelings.com may decide to interrupt the site for technical maintenance purposes, in which case growingfeelings.com will endeavour to inform users in advance of the dates and times of the intervention. The growingfeelings.com website is regularly updated by growingfeelings.com. 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 read them.

  1. DESCRIPTION OF SERVICES PROVIDED

The purpose of the growingfeelings.com website is to provide information about all of the company's activities. growingfeelings.com endeavours to provide information on the growingfeelings.com website that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or shortcomings in updating, whether these are its fault or the fault of third-party partners who provide it with this information.

All information provided on the growingfeelings.com website is given for information purposes only and is subject to change. Furthermore, the information on the growingfeelings.com website is not exhaustive. It is subject to changes having been made since it was put online.

  1. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA

The site uses JavaScript technology. The website cannot be held responsible for any material damage related to the use of the site. In addition, users of the site undertake to access the site using recent, virus-free equipment and with an up-to-date, latest-generation browser. The growingfeelings.com site 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 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. However, it 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.

growingfeelings.com and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.

  1. INTELLECTUAL PROPERTY AND COUNTERFEITING

growingfeelings.com is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the 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 process used, is prohibited, except with the prior written authorisation of: growingfeelings.com.

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

  1. LIMITATIONS OF LIABILITY

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

growingfeelings.com cannot be held responsible for any direct or indirect damage caused to the user's equipment when accessing the growingfeelings.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.

growingfeelings.com cannot be held responsible for indirect damage (such as loss of business or loss of opportunity) resulting from the use of the growingfeelings.com website. Interactive areas (possibility of asking questions in the contact area) are available to users. growingfeelings.com reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, growingfeelings.com 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.).

  1. MANAGEMENT OF PERSONAL DATA

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 of 06 August 2004 and the General Data Protection Regulation (RGPD: n° 2016-679).

7.1 PERSONS RESPONSIBLE FOR COLLECTING PERSONAL DATA

For the Personal Data collected as part of the creation of the User's personal account and browsing on the Site, the party responsible for processing the Personal Data is: GROWING FEELINGS LTD. growingfeelings.com is represented by LAZAZAT ALI, its legal representative As the party responsible for processing the data it collects, growingfeelings.com undertakes to comply with the legal provisions in force. In particular, it is the Customer's responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever growingfeelings.com processes Personal Data, growingfeelings.com takes all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which growingfeelings.com processes it.

7.2 PURPOSE OF THE DATA COLLECTED

growingfeelings.com may process some or all of the following 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.): computer equipment used for browsing, IP address, password (hashed), etc.
  • To improve browsing on the Site: connection and usage data
  • To conduct optional satisfaction surveys on growingfeelings.com: email address
  • For communication campaigns (SMS, email): telephone number, email address

growingfeelings.com does not sell your personal data, which is only used for statistical and analysis purposes.

7.3 RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION

In accordance with current European regulations, Users of growingfeelings.com have the following rights :

  • Right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completeness of Users' data right to block or delete Users' personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or storage is prohibited.
  • Right to withdraw consent at any time (article 13-2c RGPD)
  • Right to limit the processing of Users' data (Article 18 RGPD)
  • Right to object to the processing of Users' data (Article 21 RGPD)
  • The 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 RGPD).
  • The right to determine what happens to Users' data after their death and to choose to whom growingfeelings.com should communicate their data (or not) to a third party that they have previously designated.

As soon as growingfeelings.com becomes aware of the death of a User and in the absence of instructions from the User, growingfeelings.com undertakes to destroy the User's data, unless it needs to be kept for evidential purposes or to meet a legal obligation.

If the User wishes to know how growingfeelings.com uses their Personal Data, ask for them to be rectified or object to their processing, the User may contact growingfeelings.com in writing at the following address :

GROWING FEELINGS LTD - DPO, LAZAZAT ALI
71-75 Shelton Street, Covent Garden, WC2H 9JQ, London

In this case, the User must indicate the Personal Data that he/she would like growingfeelings.com to correct, update or delete, identifying him/herself precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on growingfeelings.com by law, particularly with regard to the retention or archiving of documents. Finally, users of growingfeelings.com may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 NON-DISCLOSURE OF PERSONAL DATA

growingfeelings.com will not process, host or transfer information collected from its customers to a country outside the European Union or recognised as "non-adequate" by the European Commission without informing the customer in advance. However, growingfeelings.com remains free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).

growingfeelings.com undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of growingfeelings.com, the latter must inform the Customer as soon as possible and inform him of the corrective measures taken. Moreover, growingfeelings.com does not collect any "sensitive data".

The User's Personal Data may be processed by growingfeelings.com subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes set out above, the main people likely to have access to growingfeelings.com Users' data are mainly our customer service agents.

  1. 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 security. If we become aware of a breach of security, 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 necessary to help them meet their own regulatory reporting obligations.

No personal information of the user of the growingfeelings.com website is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of growingfeelings.com and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the growingfeelings.com site.

SECURITY

To ensure the security and confidentiality of Personal Data and Personal Health Data, growingfeelings.com uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, growingfeelings.com takes all reasonable steps to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

  1. HYPERTEXT LINKS, COOKIES AND INTERNET TAGS

The growingfeelings.com site contains a number of hypertext links to other sites, set up with the authorisation of growingfeelings.com. However, growingfeelings.com is not in a position to check the content of sites visited in this way, and consequently assumes no responsibility in this respect.

Unless you decide to deactivate cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options offered to you and described below, bearing in mind that 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 information file sent to the User's browser and stored on the User's terminal (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 and the date and time of access. Cookies are in no way likely to damage the User's terminal.

growingfeelings.com may process information about the User's visit to the Site, such as the pages consulted and searches carried out. This information enables growingfeelings.com to improve the content of the Site and the User's browsing experience.

As Cookies facilitate browsing and/or the provision of services offered by the Site, Users may configure their browser to allow them to decide whether or not they wish to accept them so that Cookies are stored in their terminal or, on the contrary, that they are rejected, either systematically or depending on who is sending them. Users may also configure their browser software so that they are offered the option of accepting or rejecting Cookies from time to time, before a Cookie is likely to be recorded in their terminal. growingfeelings.com informs Users that, in this case, the functions of their browser software may not all be available.

If the User refuses to save Cookies in their terminal or browser, or if the User deletes those saved there, the User is informed that their browsing and experience on the Site may be limited. This may also be the case when growingfeelings.com or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.

Where applicable, growingfeelings.com declines all responsibility for the consequences related to the degraded operation of the Site and any services offered by growingfeelings.com, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for growingfeelings.com to record or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will indicate how the User can modify his/her wishes with regard to Cookies.

At any time, the User may choose to express and modify his or her wishes with regard to Cookies. growingfeelings.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 on the icons dedicated to the Twitter, Facebook, LinkedIn and Google Plus social networks appearing on the growingfeelings.com Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the growingfeelings.com Website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).

These types of cookies are deposited on your terminals only if you give your consent by continuing to browse the growingfeelings.com website or mobile application. However, Users may withdraw their consent to growingfeelings.com depositing this type of cookie at any time.

9.2. INTERNET TAGS

growingfeelings.com may occasionally employ Internet tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store related information, including the User's IP address) in a foreign country.

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

This technology enables growingfeelings.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 use of this Site by the User.

The external service provider may collect information about visitors to the Site and other websites using these tags, compile reports on Site activity for growingfeelings.com, and provide other services relating to the use of the Site and the Internet.

  1. APPLICABLE LAW AND JURISDICTION

Any dispute relating to the use of the growingfeelings.com website is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of London.