Definitions
Customer: Any professional or natural person capable within the meaning of Articles 1123 and following of the Civil Code, or legal entity, who visits the website subject to these terms and conditions.
Services and Services: https://lawnamerica.com/ provides the following services to Customers:
Content: All elements constituting the information present on the website, including texts, images, and videos.
Customer Information: Hereinafter referred to as “Information,” which corresponds to all personal data that may be held by https://lawnamerica.com/ for the management of your account, customer relations, and for analysis and statistical purposes.
User: Internet user connecting to and using the aforementioned website.
Personal Information: “Information that in any form whatsoever, directly or indirectly, enables 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,” “processor,” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1. Presentation of the Website
In accordance with Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the website https://lawnamerica.com/ are informed of the identity of the various stakeholders involved in its creation and management:
Owner: Helene Hummel-Will – Patrick-Engelmann-Gasse 7/1 43822 Bietigheim-Bissingen
Publication Manager: Helene Hummel-Will – jahn.joseph@gmail.com
The publication manager is a natural or legal person.
Webmaster: Helene Hummel-Will – jahn.joseph@gmail.com
Host: orson – IP: 172.31.37.197 172.31.1.226 – 18.184.132.238 60311–60599 Frankfurt 415-624-8380
Data Protection Officer: Helene Hummel-Will – jahn.joseph@gmail.com
This legal notice template is provided by Orson.io.
2. General Terms and Conditions of Use of the Website and Services Offered
The website constitutes an intellectual work protected by the provisions of copyright and applicable international regulations. The customer may not reuse, assign, or exploit for their own account all or part of the elements or works of the website.
The use of the website https://lawnamerica.com/ 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 website https://lawnamerica.com/ are invited to consult them regularly.
This site is normally accessible to users at all times. However, an interruption due to maintenance may be decided by https://lawnamerica.com/, which will then endeavor to inform users in advance of the dates and times of the intervention. The website https://lawnamerica.com/ is regularly updated by https://lawnamerica.com/. Similarly, 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 to keep informed.
3. Description of the Services Provided
The website https://lawnamerica.com/ aims to provide information about all the company’s activities. https://lawnamerica.com/ strives to provide as accurate information as possible on the website https://lawnamerica.com/. However, it cannot be held responsible for omissions, inaccuracies, and shortcomings in the update, whether due to its own fault or that of third-party partners who provide this information.
All information indicated on the website https://lawnamerica.com/ is for guidance only and is subject to change. Furthermore, the information on the website https://lawnamerica.com/ is not exhaustive. It is provided subject to modifications having been made since their online publication.
4. Contractual Limitations on Technical Data
The website uses JavaScript technology.
The website cannot be held responsible for material damage related to the use of the website. Furthermore, the user of the website undertakes to access the website using recent hardware, containing no viruses, and with a last-generation browser updated. The website https://lawnamerica.com/ 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 objective is to provide a service that ensures the best accessibility rate. The host guarantees the continuity of its 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, particularly for maintenance, improvement of its infrastructure, failure of its infrastructure, or if the Services and Services generate traffic deemed abnormal.
https://lawnamerica.com/ and the host cannot be held responsible for any disruption 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
https://lawnamerica.com/ owns the intellectual property rights and holds the usage rights to 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 website, whatever the means or process used, is prohibited without the prior written authorization of https://lawnamerica.com/.
Any unauthorized exploitation of the website or any of its elements will be considered as constituting infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of Liability
https://lawnamerica.com/ acts as the publisher of the website. https://lawnamerica.com/ is responsible for the quality and accuracy of the content it publishes.
https://lawnamerica.com/ cannot be held responsible for direct and indirect damage to the user’s hardware when accessing the website https://lawnamerica.com/, resulting either from the use of hardware that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
https://lawnamerica.com/ cannot also be held responsible for indirect damages (such as market loss or loss of opportunity) resulting from the use of the website https://lawnamerica.com/. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://lawnamerica.com/ reserves the right to delete, without prior notice, any content posted in this space that contravenes applicable legislation in France, particularly regarding the protection of personal data. If necessary, https://lawnamerica.com/ also reserves the right to hold the user civilly and/or criminally liable, particularly in the case of racist, abusive, defamatory, or pornographic messages, regardless of the medium used (text, photography, etc.).
7. Management of Personal Data
The Customer 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 Responsibilities for the Collection of Personal Data
For the Personal Data collected as part of the creation of the User’s personal account and their navigation on the Website, the data controller is: Helene Hummel-Will. https://lawnamerica.com/ is represented by Helene Hummel-Will, its legal representative.
As the data controller, https://lawnamerica.com/ undertakes to comply with the legal framework in force. It is particularly responsible for establishing the purposes of its data processing, providing its prospects and customers with full information on the processing of their personal data from the collection of their consent, and maintaining a register of processing activities in accordance with reality. Whenever https://lawnamerica.com/ processes Personal Data, https://lawnamerica.com/ takes all reasonable measures to ensure the accuracy and relevance of the Personal Data concerning the purposes for which https://lawnamerica.com/ processes them.
7.2 Purpose of the Data Collected
https://lawnamerica.com/ may process all or part of the following data:
- To enable navigation on the Website and manage and track the services and orders placed by the user: connection and usage data of the Website, billing, order history, etc.
- To prevent and combat computer fraud (spamming, hacking, etc.): computer hardware used for navigation, IP address, password (hashed)
- To improve navigation on the Website: connection and usage data
- To conduct optional satisfaction surveys on https://lawnamerica.com/: email address
- To conduct communication campaigns (SMS, email): telephone number, email address
https://lawnamerica.com/ does not sell your personal data, which are only used by necessity or for statistical and analysis purposes.
7.3 Right of Access, Rectification, and Opposition
In accordance with the European regulation in force, Users of https://lawnamerica.com/ have the following rights:
- Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completeness of the Users’ data
- Right to lock or delete Users’ personal data (Article 17 GDPR) when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, disclosure, or storage is prohibited
- Right to withdraw consent at any time (Article 13-2°c GDPR)
- Right to limit the processing of Users’ data (Article 18 GDPR)
- Right to object to the processing of Users’ data (Article 21 GDPR)
- Right to the portability of the data that Users have provided, when these data are subject to automated processing based on their consent or a contract (Article 20 GDPR)
- Right to define the fate of Users’ data after their death and to choose whether or not https://lawnamerica.com/ should communicate them to a third party that they have previously designated
As soon as https://lawnamerica.com/ is informed of the death of a User and in the absence of instructions from them, https://lawnamerica.com/ undertakes to delete their data, unless their retention is necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how https://lawnamerica.com/ uses their Personal Data, request their rectification, or object to their processing, the User can contact https://lawnamerica.com/ in writing at the following address:
Helene Hummel-Will – DPO, Helene Hummel-Will
Patrick-Engelmann-Gasse 7/1 43822 Bietigheim-Bissingen.
In this case, the User must indicate the Personal Data they wish https://lawnamerica.com/ to correct, update, or delete and identify themselves precisely with a copy of an identity document (identity card or passport).
Requests to delete Personal Data will be subject to the obligations imposed on https://lawnamerica.com/ by the law, particularly regarding the retention or archiving of documents. Finally, Users of https://lawnamerica.com/ can file a complaint with the supervisory authorities, particularly the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-Disclosure of Personal Data
https://lawnamerica.com/ prohibits the processing, hosting, or transferring of information collected about its Customers to a country outside the European Union or to a country recognized as “inadequate” by the European Commission without informing the Customer beforehand. However, https://lawnamerica.com/ remains free to choose its technical and commercial subcontractors, provided they present sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://lawnamerica.com/ undertakes to take all necessary precautions to preserve the security of the information and, in particular, to prevent it from being communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer’s data is brought to the attention of https://lawnamerica.com/, the latter must inform the Customer as soon as possible and provide them with information on the corrective measures taken. Furthermore, https://lawnamerica.com/ does not collect “sensitive data.”
The User’s Personal Data may be processed by subsidiaries of https://lawnamerica.com/ and subcontractors (service providers) exclusively to fulfill the purposes of this policy.
Within their respective responsibilities and for the purposes mentioned above, the main persons who may have access to the data of the Users of https://lawnamerica.com/ are mainly the employees of our customer service.
8. Incident Notification
Despite the measures implemented, 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, both national and European. We are committed to fully informing our customers about all issues related to the security of their account and providing them with all the necessary information to help them meet their own legal reporting obligations.
No personal information of the user of the website https://lawnamerica.com/ will be published, exchanged, transferred, assigned, or sold on any medium to third parties without their knowledge. Only the assumption of the takeover of https://lawnamerica.com/ and its rights would allow the transmission of the said information to the potential purchaser who would in turn be bound by the same obligation to preserve and modify the data concerning the user of the website https://lawnamerica.com/.
Security
To ensure the security and confidentiality of Personal Data and Health Data, https://lawnamerica.com/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.
When processing Personal Data, https://lawnamerica.com/ takes all reasonable measures to protect them against loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hyperlinks, “Cookies,” and Internet Tags
The website https://lawnamerica.com/ contains a number of hyperlinks to other websites, set up with the permission of https://lawnamerica.com/. However, https://lawnamerica.com/ has no possibility of verifying the content of the websites thus visited and therefore assumes no responsibility for this fact.
If you do not choose to disable cookies, you agree to the website’s use of them. You can disable these cookies at any time and free of charge by using the disable options provided, as reminded below, knowing that this may reduce or prevent accessibility to all or part of the services offered by the website.
9.1. “COOKIES”
A “cookie” is a small information file sent to the User’s browser and saved on the User’s terminal (e.g., computer, smartphone) (hereinafter “Cookies”). This file contains 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 cannot in any way damage the User’s terminal.
https://lawnamerica.com/ may process information about the User’s visit to the Website, such as the pages viewed and the searches performed. This information allows https://lawnamerica.com/ to improve the content of the Website and the User’s navigation.
Since cookies facilitate navigation and/or the provision of the services offered by the Website, the User can configure their browser to decide whether to accept or reject them, so that cookies are saved or rejected on the terminal, either systematically or according to the issuer. The User can also configure their browser to be offered the option of accepting or rejecting cookies before a cookie can be saved on their terminal. https://lawnamerica.com/ informs the User that in this case, not all functionalities of their browser may be available.
If the User refuses to save cookies on their terminal or browser, or if the User deletes those that are saved there, the User is informed that their navigation and experience on the Website may be limited. This could also be the case if https://lawnamerica.com/ or one of its service providers cannot recognize, for technical compatibility reasons, 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.
In this case, https://lawnamerica.com/ declines all responsibility for the consequences related to the degraded operation of the Website and the services possibly proposed by https://lawnamerica.com/, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://lawnamerica.com/ to save or consult the Cookies necessary for their operation due to the User’s choice. The configuration of each browser is different for managing cookies and the User’s choices. It is described in the help menu of the browser, which will inform the User how to modify their preferences regarding cookies.
At any time, the User can express and modify their preferences regarding cookies. https://lawnamerica.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 of the social networks Twitter, Facebook, LinkedIn, and Google Plus displayed on the Website of https://lawnamerica.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 https://lawnamerica.com/, Twitter, Facebook, LinkedIn, and Google Plus may also deposit cookies on the User’s terminals (computer, tablet, mobile).
These types of cookies are only deposited on the User’s terminals if they consent to it by continuing their navigation on the Website or the mobile application of https://lawnamerica.com/. However, the User can at any time withdraw their consent to https://lawnamerica.com/ depositing this type of cookie.
9.2. INTERNET TAGS
https://lawnamerica.com/ may occasionally use Internet tags (also known as “tags,” “action tags,” “single-pixel GIFs,” “clear GIFs,” “invisible GIFs,” and “1-by-1 GIFs”) and deploy them through a web analytics partner that may be located abroad (and therefore store the corresponding information, including the User’s IP address).
These tags are placed both in the online advertisements that allow Internet users to access the Website and on the various pages of the Website.
This technology allows https://lawnamerica.com/ to assess the responses of visitors to the Website and the effectiveness of its actions (e.g., the number of times a page is opened and the information consulted) as well as the use of this Website by the User.
The external service provider may collect information about visitors to the Website and other websites using these tags, produce reports on the Website’s activity for https://lawnamerica.com/, and provide other services related to the use of the Website and the Internet.
10. Applicable Law and Jurisdiction
Any dispute relating to the use of the website https://lawnamerica.com/ is subject to French law. Exclusive jurisdiction is given to the courts of Bietigheim-Bissingen, except in cases where the law does not allow it.