Legal notice
Definitions
Client: Any professional or natural person capable 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 conditions.
Services: http://www.le-sherpa.com makes available to Clients:
Content: All the elements that constitute the information on the Site, including texts – images – videos.
Client information: Hereinafter referred to as “Information” which corresponds to all personal data likely to be held by http://www.le-sherpa.com for the purposes of managing your account, managing the client relationship, and for analysis and statistics.
User: Internet user connecting to and using the aforementioned site.
Personal information: “Information that allows, 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 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 law no. 2004-575 of June 21, 2004, for confidence in the digital economy, the identity of the various parties involved in the creation and monitoring of the http://www.le-sherpa.com website is specified to its users:
Owner: SARL Les Lions du Nord Share capital of 8000€ VAT number: FR73432635605 – 80 Avenue de la Muzelle 38860 Les Deux Alpes
Publication manager: Paul van Leeuwen – 0607125446
The publication manager is a natural person or a legal entity.
Webmaster: KeY – huibert@ky.nl
Host: WP Engine – Irongate House, 22-30 Duke’s Place EC3A 7LP London +44 20 3770 9704
Data Protection Officer: Paul van Leeuwen – paul@le-sherpa.com
The legal notices are based on the model provided by the free generator of legal notices for a website
2. General conditions of use of the site and the services offered.
The Site constitutes a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, transfer, or exploit for their own account all or part of the elements or works of the Site.
The use of the http://www.le-sherpa.com site implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, so users of the http://www.le-sherpa.com site are invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance reasons may, however, be decided by http://www.le-sherpa.com, which will then endeavor to communicate the dates and times of the intervention to users in advance. The http://www.le-sherpa.com website is regularly updated by the responsible party, http://www.le-sherpa.com. In the same way, the legal notices may be modified at any time: they are nonetheless binding on the user, who is invited to refer to them as often as possible to become aware of them.
3. Description of services provided.
The purpose of the http://www.le-sherpa.com website is to provide information concerning all of the company’s activities. http://www.le-sherpa.com strives to provide information on the http://www.le-sherpa.com site that is as precise as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in the update, whether they are its own doing or that of third-party partners who provide this information.
All information on the http://www.le-sherpa.com site is for informational purposes only and is subject to change. Furthermore, the information on the http://www.le-sherpa.com site is not exhaustive. It is provided subject to modifications having been made since its publication online.
4. Contractual limitations on technical data.
The site uses JavaScript technology.
The Website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, free of viruses, and with an up-to-date, latest-generation browser. The http://www.le-sherpa.com site is hosted by a service provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679)
The goal is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. It reserves the right, however, to interrupt the hosting service for the shortest possible durations, particularly for maintenance purposes, improvement of its infrastructures, failure of its infrastructures, or if the Services generate traffic deemed abnormal.
http://www.le-sherpa.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, particularly due to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
http://www.le-sherpa.com owns the intellectual property rights and holds the rights of use on 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, regardless of the means or process used, is prohibited without prior written authorization from: http://www.le-sherpa.com.
Any unauthorized use 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. Limitations of liability.
http://www.le-sherpa.com acts as the publisher of the site. http://www.le-sherpa.com is responsible for the quality and veracity of the Content it publishes.
http://www.le-sherpa.com cannot be held responsible for direct and indirect damage caused to the user’s equipment when accessing the http://www.le-sherpa.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.
http://www.le-sherpa.com cannot also be held responsible for indirect damage (such as, for example, a loss of market or loss of opportunity) resulting from the use of the http://www.le-sherpa.com site. Interactive spaces (possibility of asking questions in the contact area) are available to users. http://www.le-sherpa.com reserves the right to delete, without prior notice, any content posted in this space that would violate the legislation applicable in France, in particular the provisions relating to data protection. If necessary, http://www.le-sherpa.com also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of a message of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photography, etc.).
7. Management of personal data.
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, and the General Data Protection Regulation (GDPR: no. 2016-679).
7.1 Data controllers for personal data collection
For Personal Data collected during the creation of the User’s personal account and their navigation on the Site, the data controller for Personal Data is: Les Lions du Nord. http://www.le-sherpa.com is represented by Paul van Leeuwen, its legal representative
As the controller of the data it collects, http://www.le-sherpa.com undertakes to comply with the framework of the legal provisions in force. It is particularly up to the Client to establish the purposes of their data processing, to provide their prospects and clients, based on 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. Each time http://www.le-sherpa.com processes Personal Data, http://www.le-sherpa.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which http://www.le-sherpa.com processes it.
7.2 Purpose of the data collected
http://www.le-sherpa.com is likely to process all or part of the data:
- to allow navigation on the Site and the management and traceability of the services ordered by the user: connection and usage data of the Site, invoicing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on http://www.le-sherpa.com: email address
- to conduct communication campaigns (sms, mail): phone number, email address
http://www.le-sherpa.com does not market your personal data, which is therefore only used out of necessity or for statistical and analysis purposes.
7.3 Right of access, rectification, and opposition
In accordance with the European regulations in force, Users of http://www.le-sherpa.com have the following rights:
- right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completeness of User data right to lock or erase personal User data (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 limitation of User data processing (Article 18 GDPR)
- right to object to User data processing (Article 21 GDPR)
- right to data portability that Users have provided, when this data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- right to define the fate of User data after their death and to choose to whom http://www.le-sherpa.com should communicate (or not) their data to a third party that they have previously designated
As soon as http://www.le-sherpa.com becomes aware of a User’s death and in the absence of instructions from them, http://www.le-sherpa.com 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 http://www.le-sherpa.com uses their Personal Data, requests to rectify it, or objects to its processing, the User can contact http://www.le-sherpa.com in writing at the following address:
Les Lions du Nord – DPO, Paul van Leeuwen
80 Avenue de la Muzelle 38860 Les Deux Alpes.
In this case, the User must indicate the Personal Data that they would like http://www.le-sherpa.com to correct, update, or delete, by identifying themselves 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 http://www.le-sherpa.com by law, particularly with regard to the conservation or archiving of documents. Finally, Users of http://www.le-sherpa.com can file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
http://www.le-sherpa.com refrains from processing, hosting, or transferring the Information collected on its Clients to a country located outside the European Union or recognized as “inadequate” by the European Commission without first informing the client. However, http://www.le-sherpa.com remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).
http://www.le-sherpa.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 affecting the integrity or confidentiality of Client Information is brought to the attention of http://www.le-sherpa.com, it must, as soon as possible, inform the Client and communicate the corrective measures taken. Furthermore, http://www.le-sherpa.com does not collect any “sensitive data.”
The User’s Personal Data may be processed by subsidiaries of http://www.le-sherpa.com and subcontractors (service providers), exclusively for the purpose of fulfilling the objectives of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main people likely to have access to the data of Users of http://www.le-sherpa.com are mainly the agents of our customer service.
8. Incident notification
Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether they are at a national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and to providing them with all the necessary information to help them comply with their own regulatory reporting obligations.
No personal information of the user of the http://www.le-sherpa.com site is published without the user’s knowledge, exchanged, transferred, ceded, or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of http://www.le-sherpa.com and its rights would allow the transmission of said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of data with regard to the user of the http://www.le-sherpa.com site.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, http://www.le-sherpa.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.
When processing Personal Data, http://www.le-sherpa.com takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hypertext links “cookies” and internet tags (“tags”)
The http://www.le-sherpa.com site contains a certain number of hypertext links to other sites, set up with the authorization of http://www.le-sherpa.com. However, http://www.le-sherpa.com does not have the possibility of verifying the content of the sites thus visited and will therefore assume no responsibility for this fact.
Unless you decide to deactivate cookies, you accept that the site can use them. You can deactivate these cookies at any time and free of charge from the deactivation options offered to you and recalled below, knowing 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 within 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.
http://www.le-sherpa.com is likely to process the User’s information concerning their visit to the Site, such as the pages consulted, the searches carried out. This information allows http://www.le-sherpa.com to improve the content of the Site and the User’s navigation.
Cookies facilitating navigation and/or the provision of services offered by the Site, the User can configure their browser so that it allows them to decide whether or not they wish to accept them so that Cookies are recorded in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User can also configure their Browse software so that the acceptance or refusal of Cookies is offered to them from time to time, before a Cookie is likely to be recorded in their terminal. http://www.le-sherpa.com informs the User that, in this case, the functionalities of their Browse software may not all be available.
If the User refuses the saving of Cookies in their terminal or their browser, or if the User deletes those saved there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when http://www.le-sherpa.com or one of its providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings, or the country from which the terminal seems to be connected to the Internet.
If necessary, http://www.le-sherpa.com declines all responsibility for the consequences linked to the degraded operation of the Site and of the services possibly offered by http://www.le-sherpa.com, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for http://www.le-sherpa.com to save or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow to know how the User can modify their wishes regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. http://www.le-sherpa.com may also use the services of external providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin, and Google Plus appearing on the Site of http://www.le-sherpa.com or in its mobile application and if the User has accepted the deposit of cookies by continuing their navigation on the Website or the mobile application of http://www.le-sherpa.com, Twitter, Facebook, Linkedin, and Google Plus can also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are deposited on your terminals only on condition that you consent to them, by continuing your navigation on the Website or the mobile application of http://www.le-sherpa.com. At any time, the User can nevertheless withdraw their consent to http://www.le-sherpa.com depositing this type of cookie.
Article 9.2. INTERNET TAGS (“TAGS”)
http://www.le-sherpa.com may occasionally use Internet tags (also called “tags,” or action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a Web analytics partner who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in the online advertisements allowing Internet users to access the Site and on the different pages of it.
This technology allows http://www.le-sherpa.com to evaluate the responses of visitors 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 provider may collect information on visitors to the Site and other websites through these tags, compile reports on the Site’s activity for http://www.le-sherpa.com, and provide other services related to its use and the Internet.
10. Applicable law and jurisdiction.
Any dispute in connection with the use of the http://www.le-sherpa.com site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Grenoble.
Consumer Mediation
In accordance with Article L.616‑1 of the French Consumer Code, every consumer has the right to use a mediator free of charge in the event of a dispute that has not been resolved amicably.
Competent mediator:
Médiateur Tourisme et Voyage (MTV)
BP 80 303
75823 Paris Cedex 17
Website: www.mtv.travel
No Right of Withdrawal
According to Article L.221‑28 of the French Consumer Code, the right of withdrawal does not apply to services of accommodation provided on a specific date or according to a periodic schedule.
Consequently, any reservation made on our site cannot be exchanged or refunded, except under the cancellation conditions specified at the time of booking.