Legal Mention
The “arcadata.com” website is published by Société Anonyme Monégasque Maître D'Ouvrage (S.A.M MDO)
Legal notes
The “arcadata.com” website is the exclusive property of S.A.M MDO
Société Anonyme Monégasque
Maître d'Ouvrage (MDO) – Corporate capital of 152.000 euro
Registered office: 31, avenue Princesse Grace, 98000 Monaco
Tel.: +377 92 16 51 54
Mail : mdo@groupep.mc
S.A.M MDO is enrolled on the Industrial and Commercial Register (RCI) in Monaco as no. 95 S 03070
I – PERSONAL DATA
Generally speaking, users can visit the website without having to provide any personal information. In any case, they are in no way are obliged to provide S.A.M MDO with this information. Nevertheless, if they refuse to do so, they may not be able to use certain services or obtain certain information they require. So, in certain instances, S.A.M MDO may ask users to give their name, surname, address, email address, telephone number and name of their company. By providing this information, the user expressly allows this information to be handled by for the purposes specified in point 1 below and for the purposes referred to at the end of each section. In accordance with (EU) Regulation 2016/679, issued by the European Parliament in relation to the protection of natural persons with regard to the processing of personal data on 14th April 2016, and Monaco Law no. 1.165 of 23rd December 1993 concerning the protection of personal data (as modified), S.A.M MDO would like to inform you of the following:
1. Purposes of data processing. S.A.M MDO will only handle your personal data for the purposes of providing information and/or services requested by the user or to get in touch with them. This information is required to manage purchase orders and improve the services and information we provide (e.g. sending out the newsletter) to users and to contact them about various events connected with S.A.M MDO
2. Recipients. This information is also passed on to subcontractors contributing to these services, such as those in charge of carrying out services and handling purchase orders for management, completion, processing and payment purposes. Neither S.A.M MDO nor any of its subcontractors will commercialise the personal data of visitors and users of this website.
3. Duration for which data is kept. The user’s personal data are only kept for the length of time required to serve the aforementioned purposes for which they were collected, which, in any case, will be no longer than thirty-six (36) months.
4. Right to privacy. In accordance with Monaco law no. 1.165 of 23rd December 1993 (as modified) regarding the protection of personal data, the user has the following rights in relation to their personal data and any information concerning them: the right to access these data, the right to rectify personal data and information concerning them, and the right to object to the processing of their data by sending an email to mdo@groupep.mc or writing to the postal address given in the legal notes.
o Right to access or pass on your own personal data. Users have the right to request access to any personal data concerning them. Nevertheless, due to the need for security and privacy in the processing of personal data by S.A.M MDO, it should be pointed out that this request will be fulfilled provided the user can prove their identity, for example by scanning a valid identity document (if requested on our bespoke e-sheet) or a signed photocopy of a valid identity document (if requested in writing). S.A.M MDO would also like to note that users will have the chance, if required, to object to manifestly inappropriate requests (if they are too numerous, repetitive or systematic).
o Right to rectify personal data.
This right means that the regulation allows users to request the rectification, updating or erasure of any personal data about them that might be imprecise, incorrect, incomplete or obsolete. Users are also entitled to set some general guidelines and specifications about the use of their personal information after their death. In this case, the descendants of the deceased may ask for due note to be taken of the death and/or any necessary updating to be made.
o Right to object. This right can only be exercised in one of the two following instances:
1. If this right is being exercised for legitimate reasons or
2. If this right is being exercised to prevent any data collected from being used for direct marketing purposes.
5. Timeframe for replying. S.A.M MDO pledges to reply to requests for access, rectification, objection or any other kind of extra information within a reasonable lapse of time, which in any case will not be more than (one) 1 month from when the aforementioned request was received.
6. Right to erase personal data (or right to be forgotten). In accordance with article 17 of the GDPR, the user may request any data regarding them to be erased. This means the user has the right to request S.A.M MDO’s processor to erase their personal data within a few days, and the controller is obliged to cancel this data without delay.
The user’s request will be carried out provided they can prove their identity, for example by providing a scan of a valid document proving their identity or a signed photocopy of a valid document proving their identity (if requested in writing).
II – GENERAL TERMS AND CONDITIONS OF SALE
1. Object. These are the general terms and conditions of sale of the magazine “l'ARCA INTERNATIONAL” marketed by S.A.M MDO, whose registered office is at 31, avenue Princesse Grace, Monaco 98000.
2. Price. All the sale prices of our products are given in euros and refer to the cost to the public (including VAT and other taxes applicable when the purchase order is shipped), unless otherwise specified. Regardless of their origin, all the orders are payable in euros. S.A.M MDO reserves the right to change its prices at any time; nevertheless, the product will be billed based on the price at the time when the purchase order was accepted and according to availability. All products remain the property of S.A.M MDO until payment has been made in full.
3. Purchase orders. S.A.M MDO reserves the right not to accept a payment or confirm a payment order for any reason whatsoever, and, more specifically, in case of supply problems or difficulties concerning the order received.
4. Order confirmation. These general terms and conditions of sale must be accepted when making any purchase order from the website. By confirming their purchase order, the user accepts, entirely and unconditionally, these terms and conditions of sale. All the data provided and registered confirmation of the order count as proof of the transaction. The user declares they have seen and are fully aware of this. Purchase order confirmation will count as signing and accepting the operations carried out.
5. Payment. Confirming the purchase order means the user is obliged to pay the stated price. Payment for purchases is made by credit card using the 3D Secure protocol. Payment will be debited when the user makes the purchase order.
6. Right to withdraw. The user may exercise their right to withdraw within fourteen (14) days of the date when the products were received, without having to pay any fine or give any explanation. The products must be returned in their entirety and in the state in which they were received. Risks related to transport are the user’s full responsibility. Any damage to the returned product may result in the user’s right to withdraw being nullified. The user will cover the costs of returning the product. If this right to withdraw is exercised, S.A.M MDO will pay back the full amount paid within fourteen (14) days of being notified by the user and by the same means of payment.
Exceptions to the right to withdraw. The right of withdrawal does not apply: a) to the supply of a newspaper, journal or magazine, except in the case of subscription contracts for these publications; b) to the supply of digital content not supplied on a physical support, whose execution began with the user’s prior consent and explicit waiving of the right to withdraw.
7. Availability. Our products are available when they are shown on the website and depending on the supplies at that time. Should a product no longer be available after a purchase order is made, the user will be informed by email. Their order will automatically be cancelled and they will be refunded. The “arcadata.com” website does not sell products in large quantities. This means that S.A.M MDO reserves the right to reject purchase orders for ten (10) identical magazines.
8. Delivery. Products will be delivered within fifteen (15) days to the delivery address given when making the order. If there is a delay in delivery, the user will receive an email informing them about the delay and how long it is expected to be. In accordance with law, in case of a delay in delivery, the user is entitled to cancel their order. In case of deliveries made by a courier service, S.A.M MDO cannot be held responsible for any delay in delivery.
9. Guarantee. All claims must be sent by email to arcainternational@groupep.mc within thirty (30) days of delivery.
Delivery costs are at our expense.
10. Liability. Lastly, S.A.M MDO is in no way liable for any inconvenience or damage incurred while using the Internet, notably if the service was interrupted, if there is some outside intrusion or due to a computer virus.
11. Law in force and jurisdiction. French is the only official language of this contract. These general terms and conditions of sale are governed by Monaco law. In case of disputes, the Monaco Law Courts will hold exclusive jurisdiction.
12. Personal data. S.A.M. MDO reserves the right to collect the user’s personal data and information. This information is required to manage purchase orders and to improve the services provided and information sent out by the company. This information and these data may also be passed on to other companies involved in related business, like, for example, companies providing services or handling purchase orders to ensure everything is managed, performed, processed and paid for properly. This information and these data are kept for security reasons. In accordance with Monaco law no. 1.165 of 23rd December 1993 (as modified) governing the protection of personal data and information, the user has the right to access, correct or object to the use of their personal data and information by sending an email to mdo@groupep.mc
13. Intellectual property. Everything contained on the “arcadata.com” website is and remains the exclusive intellectual property of S.A.M. MDO. Nobody is authorised to reproduce, make use of, pass on or use for any purpose whatsoever, even partially, anything on this website, including software and visual/sound features. All brands, logos, acronyms and codes related to products belong to their manufacturer and respective owners. No link or hypertext may be used with S.A.M. MDO’s written consent.
14. Note. S.A.M. MDO has absolutely no responsibility for any mistakes and/or omissions on the website while it is being created. Users are invited to send any comments to mdo@groupep.mc
III – COOKIES POLICY
When a user connects to the “arcadata.com” website for the first time a banner pops up in the bottom of the screen to inform them that their browsing activities may be stored away in files called “cookies”. Our cookie policy allows users to find out more about our company’s rules and regulations for browsing this website. More specifically, the banner provides information about all the cookies on our website, their purposes (part I.) and the procedure users should follow for configuring them (part II.)
1. General information about the cookies on the S.A.M MDO website. As the publisher of this website, S.A.M. MDO is entitled to send a cookie to the hard disk to the user’s device (computer, tablets, cell phone etc.) to ensure easy browsing and optimum use of our website. Cookies are small text files created when a user visits our website that allow us to recognise the user’s computer, tablet or cell phone, so that we can customise the services we provide. Information collected from cookies does not in any way allow the name of the user to be identified. They are used exclusively for the purposes of improving interactivity and the performance of our website and to send the user content they may be interested in. None of this information will be passed on without the user’s prior consent or unless this is expressly required by law, by court order or by order of an authorised administrative/judicial body. For further details about information identified by cookies, here is a table showing the different types of cookies that may be used on the “arcadata.com” website, giving their name, the purposes for which they are used and the length of time for which they may be kept.
2. Configuration of the user’s cookies preferences. Configuring user preferences on cookies. The user may, at any time, allow or refuse to have cookies installed. When a user connects to our “arcadata.com” website for the first time, a banner briefly appears in the bottom of the screen sharing information about installing cookies and related technology. This banner warns the user that should they continue to navigate the “arcadata.com” website (e.g. by going to a fresh page or clicking on certain website features), they are allowing cookies to be installed on their computer. Moreover, it is assumed that the user has given their consent for the installation of cookies if they have clicked on the “X” in the right-hand corner of the banner shown at the bottom of the screen. According to the type of cookie, it may or may not be obligatory to request the user’ consent to install or read cookies on their device.
Cookies not requiring the user’s prior consent. In accordance with the recommendations made by the Commission Nationale de l’Informatique et des Libertés (CNIL), certain cookies do not require the user’s consent because they are absolutely vital for the smooth-running of the website or because their only purpose is to allow or facilitate the electronic transmission of messages. This particularly applies to sessionID cookies, authentication cookies, load balancing cookies or cookies for customising user interaction. These cookies fall entirely within the realms of this policy, since they are sent out and managed by S.A.M. MDO.
a. Cookies requiring the user’s prior consent. These are cookies sent by third parties and called “persistent” cookies, since they are stored on the user’s device until they are erased or reach the end of their cycle. Since these cookies are sent by third parties, their use and installation depend on the latter’s privacy policy, whose hypertext link is given later. This category of cookies Includes audience-measurement cookies (notably PIWIK), advertising cookies (which S.A.M. MDO does not use) and cookies for sharing social networks (particularly Facebook, Twitter, YouTube and LinkedIn). The website’s audience measurement cookies provide statistics about website traffic and the use of various features (for example, content/webpages visited by the user). These data help improve the smooth-running of the “arcadata.com” website. This website uses an audience-measuring tool:
The tools is called PIWIK and its previously policy is available (only in English) from the following link https://piwik.org/privacy-policy/. Cookies for sharing social networks are sent out and managed by the editor of the relevant social network. With the user’s prior consent, these cookies make it easy to share some of the content published on the “arcadata” website, mainly by means of a share “button” for the social network in question. Four types of social network sharing cookies are used on the “arcadata” website:
Facebook, whose cookies policy can be accessed by clicking on the following link: https://fr.facebook.com/policies/cookies/
LinkedIn, whose cookies policy can be accessed by clicking on the following link: https://www.linkedin.com/legal/cookiepolicy?_l=fr_FR
Twitter, whose options for controlling and limiting the use of cookies and whose cookies policy can be accessed by clicking on the following link: https://support.twitter.com/articles/20170518#
YouTube, you will find instructions for erasing these cookies by clicking on the following link on the Google Chrome browser: https://support.google.com/youtube/answer/32050?hl=fr, you can also consult its complete cookies policy by clicking on the following link: https://www.google.fr/intl/fr/policies/technologies/cookies/
a. The user has various means of configuring cookies. Most Internet browsers have a default cookie setting to allow cookies to be installed. Its browser allows you to alter these standard settings, so that all cookies are systematically rejected or only some of them are accepted or rejected according to who they are sent by. WARNING! We would like to draw the user’s attention to the fact that refusing to allow cookies to be installed on your computer could affect your user experience and your access to certain services or functions on this website. In this case, S.A.M. MDO cannot be held responsible for any decline in your navigating experience, if you have chosen to reject, cancel or block cookies required to run the website properly. These effects will not be considered as any kind of damage and the user will not be entitled to any compensation. The browser can also erase cookies from the user’s computer or inform them of the installation of any new cookies on their computer. These settings do not affect browsing, but you will lose all the benefits provided by these cookies. Here is a list of the numerous tools at the user’s disposal for configuring the cookies installed on their computer.
b. Configuring the Internet browser. Every Internet browser has its own settings for managing cookies. To find out how to alter your cookie preferences, here are some hypertextual links to the instructions required for accessing the relative browser menu:
Chrome: https://support.google.com/chrome/answer/95647?hl=fr
Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
Internet Explorer: https://support.microsoft.com/fr-fr/help/17442/windows-internetexplorer-delete-manage-cookies-ie=ie-11
Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Safari: https://support.apple.com/kb/PH21411?viewlocale=fr_FR&locale=fr_FR
For further information about cookie control tools, consult the CNIL website at: https://www.cnil.fr/fr/cookies-les-outils-pour-lesmaitriser
a. Configuring “tarteaucitron.js”. Cookies can also be directly disabled using “tarteaucitron.js”, which is installed on the “arcadata” website. This interactive tool manages cookies by means of a banner shown in the bottom right-hand side of the visualised page (“Manage services” button) and provides a list of all the enabled cookies. To disable a cookie, just click on the cross next to the service provided. When all the cookies are disabled, the banner for obtaining the user’s consent reappears when the page is updated. For any further questions or queries about this cookies policy, contact is using our special form.
IV – LEGAL PROPERTY/DESIGN/CONSTRUCTION OF THE WEBSITE
SAM MDO owns the website www.arcadata.com
The website is designed and constructed by Colibri