LEGAL NOTICE

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INTRODUCTION

 

In accordance with Articles 6-III and 19 of French Law No. 2004-575 of June 21, 2004, concerning confidence in the digital economy (LCEN), users and visitors of the website www.edenglobalestate.com are hereby informed of the following legal notice.

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By accessing and browsing www.edenglobalestate.com, users fully and unconditionally agree to this legal notice.

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This legal notice is available on the website under the “Legal Notice” section.

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Article 1: Website Publisher

 

The website www.edenglobalestate.com is published by Eden Global Estate, a French limited liability company (SARL) with declared share capital, registered with the Trade and Companies Register under number 944 208 115, whose registered office is located at Cul-de-Sac, Im Bora Belvédère, 97150 Saint-Martin.

The company holds professional real estate licence No. CPI97812025000000007, issued by the Saint-Martin Chamber of Commerce and Industry, and benefits from a financial guarantee of €120,000 provided by Galian-Smabtp, located at 89 rue de la Boétie, 75008 Paris, France.

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• Publication Director: Estelle Gianesini

• Email: contact.edenglobalestate@gmail.com

• Telephone: +33 7 78 66 21 49

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The website’s main activities include vacation rentals, property management, concierge services, and real estate transactions and sales in Saint-Martin.

 

Article 2: Website Hosting

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The website is hosted by Wix Online Platforms Limited, whose registered office is located at:

1 Grant’s Row
Dublin 2, D02HX96
Ireland

Website: www.wix.com

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Article 3: Website Access

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The website is normally accessible to users 24 hours a day, seven days a week, except in the event of scheduled or unscheduled maintenance or circumstances beyond our reasonable control.

If the website becomes unavailable, Eden Global Estate will make every reasonable effort to restore access. Eden Global Estate cannot be held liable for any damage resulting from the website’s unavailability.

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Article 4: User Obligations, Limitation of Liability and Force Majeure

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4.1 User Obligations

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By accessing www.edenglobalestate.com, users agree to behave responsibly and comply with this legal notice. Users are strictly prohibited from:

• Using any unauthorised software or tools that may interfere with the proper functioning of the website;

• Misusing or exploiting website content for commercial or unlawful purposes;

• Infringing the copyrights, data or image rights of Eden Global Estate or any third party;

• Copying or extracting, even partially, any content, including text, images or data, without prior written authorisation;

• Restricting or disrupting other users’ access to the website;

• Sending mass commercial solicitations or spam using contact details obtained through the website;

• Using the website for hacking or any activity that violates Articles 323-1 to 323-7 of the French Criminal Code.

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Any failure to comply with these requirements may result in the temporary or permanent suspension of access to the website without prior notice.

 

4.2 Limitation of Liability

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Use of www.edenglobalestate.com is entirely at the user’s own risk.

Eden Global Estate cannot be held liable for:

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• Consequences resulting from misuse of the website or use that does not comply with these terms;

• Indirect damages, including loss of data, loss of profits or other intangible losses, resulting from the use of or inability to use the website;

• Content available on third-party websites accessed through external links appearing on the website;

• Technical failures beyond its control, including power outages, network disruptions, hosting issues or slow internet connections.

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Users remain solely responsible for the security of their computer equipment and internet connection.

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4.3 Force Majeure

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Eden Global Estate cannot be held liable if the performance of its obligations is delayed or prevented by an event beyond its control that qualifies as force majeure under Article 1218 of the French Civil Code, as amended by Ordinance No. 2016-131 of February 10, 2016.

Force majeure events may include natural disasters, fires, strikes, acts of war, network outages or any unforeseeable and unavoidable event that temporarily prevents access to or use of the website.

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Article 5: Personal Data

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Use of the Website is subject to the terms set out below. Accessing and browsing the Website constitutes acceptance of these terms.

For the purposes of this notice:

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• “Website” refers to the website accessed through your internet browser.

• “Agency” refers to the real estate agency or agencies featured on the Website that publish property listings and collect information submitted by users through contact forms.

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The following personal data may be collected through the Website:

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Cookies: Cookies may be used to collect certain information, including your IP address, information about the device used to browse the Website, connection method, browser type and version, operating system, other technical identifiers, connection URLs, date and time of access, and content viewed. You may disable cookies through your browser settings.

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Contact form: When completing a contact form, your first name, surname, email address and message may be collected.

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Your personal data is primarily used for:

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• Managing our relationship with you;

• Providing personalised content and services based on your browsing history, preferences and interests.

Where certain information is required to access specific Website features, its mandatory nature will be indicated when the information is requested. If you refuse to provide required information, you may be unable to access certain services, features or sections of the Website.

Your personal information will be retained for no longer than 36 months, unless:

• You exercise one of your legal rights described below;

• A longer retention period is authorised or required by law or regulation;

• The retention period is extended because the business relationship continues.

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During this period, the Website implements appropriate organisational, software, legal, technical and physical measures to protect the confidentiality and security of your personal data and prevent its alteration, deletion or unauthorised access.

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Article 6: Access to Personal Data

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Access to your personal data is strictly limited to Agency employees and commercial agents who require access as part of their duties and are bound by confidentiality obligations.

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Collected data may also be shared with service providers contractually responsible for carrying out tasks necessary for the proper operation of the Website and its services, as well as for managing our relationship with you. Your prior authorisation is not required for this purpose.

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When providing their services, these service providers are granted limited access to your data and are contractually required to process it in accordance with applicable personal data protection legislation.

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Except in the circumstances described above, the Agency undertakes not to sell, rent, transfer or provide third parties with access to your personal data without your prior consent, unless required to do so for a legitimate reason, including compliance with a legal obligation, fraud or abuse prevention, or the establishment, exercise or defence of legal claims.

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In accordance with applicable laws and regulations, particularly French Law No. 78-17 of January 6, 1978, as amended, relating to information technology, files and civil liberties, and Regulation (EU) 2016/679 of April 27, 2016, applicable since May 25, 2018, you have the right to:

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• Access the personal data held about you;

• Request the correction of inaccurate data;

• Request the portability or deletion of your data;

• Request the restriction of data processing;

• Object to the processing of your data on legitimate grounds;

• Object to or withdraw your consent to the use of your contact details for promotional communications and solicitations by email, SMS, telephone or post.

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This right applies whether your information was provided directly by you or through third-party partners to whom you supplied it. In the latter case, you may use the unsubscribe links included in our text messages or emails or contact us using the details provided below.

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You may exercise these rights by changing your account settings, using the “Contact” section of the Website, sending a request by post or emailing the address provided in the “Legal Notice” section.

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For security reasons and to prevent fraudulent requests, you may be asked to provide proof of identity. This document will be destroyed once the request has been processed.

For further information or to submit a complaint, you may contact the French Data Protection Authority, the Commission Nationale de l’Informatique et des Libertés (CNIL), at www.cnil.fr.

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Article 7: Use of Cookies

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What is a cookie?

A cookie is a small text file saved by websites on your computer or mobile device when you visit them. It allows websites to remember your actions and preferences, such as your username, language, font size and other display settings, for a certain period of time. This means you do not have to enter this information again whenever you return to the website or browse from one page to another.

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How can I disable cookies?

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You may manage or delete cookies at any time. For more information, please visit aboutcookies.org.

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You may delete cookies already stored on your device and configure most browsers to block them. However, you may then need to re-enter certain preferences whenever you visit the Website, and some services or features may be unavailable.

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Why do we use cookies?

We use cookies to:

• Manage your browsing preferences;

• Improve our services and measure Website traffic and performance;

• Enable certain features provided by third-party applications, including social media sharing buttons.

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Article 8: Telephone Marketing Policy

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You are entitled to register with the Bloctel telephone marketing opt-out service.

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Bloctel is a free opt-out list available to consumers who no longer wish to receive telephone marketing calls from professionals with whom they do not have an ongoing contractual relationship, in accordance with French Law No. 2014-344 of March 17, 2014, relating to consumer protection.

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French law prohibits professionals, whether acting directly or through a third party on their behalf, from making marketing calls to consumers registered on this list, except in the circumstances provided for by law.

For more information: https://www.bloctel.gouv.fr/
To register: https://conso.bloctel.fr/