General terms of use

In force as of 01/02/2022

These general terms of use (referred to as the "GTU") are intended to provide the legal framework for the terms under which the application named "Passion Cocktail" is made available, and for the conditions of access to and use of the service by "the User". These GTU are accessible on the application via the "Settings" tab, then the "Legal notice" button.

Vocabulary:

The website https://passion-cocktail.fr and the Passion Cocktail mobile application are published by the company Florian Bouché (sole proprietorship), registered in the Trade and Companies Register of 77310 SAINT-FARGEAU PONTHIERRY under number 891 102 410.

The mobile application provides the User with free access to the following services:

Use of the services is free, optional and free of charge.
The application is accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at their own expense.

Any use of the service is subject to the prior acceptance and full compliance with these general terms of use (GTU) by the User.

The trademarks, logos, signs and all the content of the site and the mobile application (texts, images, sound, etc.) are protected by the Intellectual Property Code and more particularly by copyright.

The User must obtain the prior authorisation of the site or the application for any reproduction, publication or copying of the various contents.
Any use of the contents for private, commercial and advertising purposes is strictly prohibited.

Any total or partial representation of the site or the application by any means whatsoever, without the express authorisation of the operator, would constitute an infringement punishable under article L 335-2 and following of the Intellectual Property Code.
It is recalled, in accordance with article L122-5 of the Intellectual Property Code, that the User who reproduces, copies or publishes the protected content must cite the author and their source.

The sources of the information published on the site and the application are deemed reliable, but the site and the application are not free from defects, errors or omissions.

The information provided is given for indicative and general purposes only and has no contractual value. Despite regular updates, the site or the application cannot be held responsible for changes in administrative and legal provisions occurring after publication. Likewise, the site or the application cannot be held responsible for the use and interpretation of the information.

Any data indicating an alcohol or sugar level is entered or calculated from the data available to the publishers. The site or the application cannot be held responsible for any misuse or misunderstanding of this data, which may or may not lead to physical or moral problems.

The site or the application cannot be held responsible for any viruses that could infect the computer or any computer equipment of the Internet user, following use of, access to, or downloading from this site.
The liability of the site cannot be engaged in the event of force majeure or the unforeseeable and insurmountable act of a third party.

Personal data

We undertake to ensure that the collection and processing of your data, carried out from the site, comply with the General Data Protection Regulation of 27 April 2016, applicable since 25 May 2018, and with the French Data Protection Act in its latest version amended on 20 June 2018.

These provisions set out strict rules of confidentiality and security for any organisation, public and private, in the context of the processing of the personal data of their users, in order to protect their privacy. 

The controller of your personal data is: Company Florian Bouché (sole proprietorship) - [email protected].

Data processing and use

We can only use your personal data for purposes that are both legitimate and necessary. This means, in concrete terms, that we process your personal data for the following purposes: 

The nature of the operations carried out on the data is: collection, recording, organisation, storage, modification, consultation, use, erasure or destruction.

The personal data processed are: date of birth, age of majority.

The data are kept for a period of: 22 years or until the expiry of the contract, from the notification.

We use an external service named Stripe for payments, analytics and other commercial services. Stripe may collect personal data, in particular through cookies and similar technologies. The personal data collected by Stripe may include transactional data and identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection, loss prevention, authentication and analytics related to the performance of its services. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

We undertake to take the appropriate technical and organisational measures to guarantee the security of the processing of everyone's personal data.

In accordance with the General Data Protection Regulation and the Data Protection Act, you have a right of access, rectification, deletion and objection.

By email: [email protected]

In accordance with the General Data Protection Regulation, you have the right to lodge a complaint with the CNIL (3 place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07). The complaint procedures are specified on the CNIL website: www.cnil.fr.

Procedure in the event of personal data breaches

In the event of the destruction, loss, alteration, unauthorised disclosure of personal data transmitted, stored or otherwise processed, or unauthorised access to such data, whether accidental or unlawful, likely to result in a high risk to the rights and freedoms of the user, we will inform you of the facts and the measures taken, as soon as possible.

We will also ensure that the necessary steps are taken regarding the notification of the breach in question to the CNIL within 72 hours of becoming aware of it, unless the breach does not present a high risk to your rights and freedoms.

Hypertext links may be present on the site or the application. The User is informed that by clicking on these links, they will leave the site or the application. The latter have no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.

The User is informed that during their visits to the site or the application, a cookie may be installed automatically on their browsing software or their device.

Cookies are small files temporarily stored on the device used by the User. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's visit, others remain.
The information contained in cookies is used to improve the site or the application.
By browsing the site or the application, the User accepts these cookies.

We may modify the site or the application without prior information or notice. We regularly add data, rework the interface and modify the wording based on your feedback and on regulatory and legislative developments.

We may suspend access to the site or the application without prior information or notice, in particular for maintenance reasons. We update the application regularly. The unavailability generally does not exceed about ten seconds. We make the service available without any guarantee of its availability. Even though we ensure that the service is always operational, this means that any unavailability will not give rise to any right to financial compensation. 

We also reserve the right to block, without prior information or financial compensation, any uses that jeopardise the use of the software by other users. This allows us to anticipate possible denial-of-service attacks.

The terms of these terms of use may be modified or supplemented at any time, without notice, depending on the modifications made to the service, on changes in legislation or for any other reason deemed necessary. These modifications and updates are binding on the user, who must therefore refer regularly to this section to check the general terms in force.

French legislation applies to this contract. In the absence of an amicable resolution of a dispute arising between the parties, the French courts will have sole jurisdiction to hear it. For any question relating to the application of these GTU, you can contact the publisher at the contact details given in ARTICLE 1.