TERMS AND CONDITIONS
TERMS & CONDITIONS OF SALE
The General Terms and Conditions of Sale (hereinafter « TCS ») are available to Customer (hereinafter « Customer ») by the company TRAVEL LIKE A LOCAL, a SARL, having its registered office at 23, rue d'Aboukir 75002 Paris registered with the Paris Trade & Companies Register under No. 753 018 811 (hereinafter “Localers”).
Its intra-community VAT No. is : FR68 753 018 811.
Localers can be contacted by email at the following address: booking@localers.com or by telephone at the following number: +33 (0)7 81 39 36 58.
The director of the publication is : Giovanni Maciocco.
The Website is hosted by Heroku Inc having its registered office at. 321 11th St San Francisco CA, 94103 United States. Its telephone number is 1-866-278-1349.
Localers has taken out third-party insurance with MMA ENTREPRISE, situated at 19-21 avenue de l’Europe, Clichy.
Localers is registered with the Atout France register under No. IM075200003.
It benefits from a financial guarantee with the APST (15, avenue Carnot, 75017 Paris).
Localers proposes tours and activities in Europe and provides services for tourists, particularly excursions, tours, visits, recreational activities and gastronomical and cultural activities. (hereinafter the “Services”).
These TCS govern the contractual relations (hereinafter the “Agreement”) between Localers and the Client (hereinafter jointly referred to as the “Parties” and individually the “Party”).
The TCS are systematically communicated to each Client before entering into an Agreement. Consequently, placing an order for Services (hereinafter the “Order”) implies the Client’s full and unconditional adherence to said TCS, to the exclusion of all other documents.
Any reservation confirmed on the Site means the full and complete acceptance of these general Terms and Conditions. They are the only applicable
Localers reserves the right to update or modify these Terms and Conditions of sale at any time without prior notice. The use of the Site by the Client following any such changes constitutes your agreement to follow and be bound by the modified Terms and Conditions of sale. For this reason, Localers encourages the Client to review these Terms and Conditions of sale regularly.
The Services proposed by Localers are intended for consumers in accordance with the definitions set forth in the French Consumer Code.
It is specified that in accordance with Article L. 221-28-12° of the Consumer Code, the right of withdrawal does not apply to the Services provided by LOCALERS.
DEFINITION
- - Client refers to all persons, physical or moral having subscribed to one of our paid services in conjunction with Localers and having paid the agreed price.
- - Service refers to a visit, walk, excursion, private or in group, as advertised on the Site.
- - Site refers to the website www.localers.com
- - Tour refers to all paid services proposed by Localers, (visits, walks, activities, excursions), that last less than twenty-four (24) hours.
- - Voucher refers to a receipt of purchase exchangeable against a service. It is provided immediately after the reservation of a service that the client has paid for.
1) TERMS OF ACCESS OF SERVICES BY LOCALERS
1.1 BOOKING A SERVICE
The process of booking a Service on the Site is as follows.
- - The Client chooses a tour;
- - The Client chooses the number of participants who will be present on the tour, as well as the desired date(s) according to availability;
- - The full payment will be made online with our secure payment system.
Once the payment is authorized by the Client’s bank and that the service is confirmed by Localers, a confirmation mail will be sent to the Client. This mail contains the booking number and the amount of the purchase.
This confirmation mail is the only proof of payment for the service.
Reservations are considered effective as soon as the Client receives the voucher and not the confirmation mail sent by Localers. This voucher should thus be kept by the client who must present it at the departure of the tour. It is the only proof of identification that Localers will accept.
In case the voucher is lost, the Client must contact Localers to be issued a new voucher.
1.2 MAKING CHANGES TO BOOKINGS
CHANGING TOUR DATES
| Changing Services dates | Until 48 hours before the start of the Service | Less than 48 hours before the start of the Service |
|---|---|---|
| Services including tickets | 10% of fees | Non changeable |
| Other Services | Changeable for free | Non changeable |
In order to apply changes to the reservation, the Client should inform Localers at booking@localers.com. Localers will respond to the demand as soon as possible in order to find a new time and/or date. If Localers is notified about the change in time and cannot accommodate it, Localers will refund the price of the purchase.
CHANGING NUMBER OF PARTICIPANTS
| Changing number of participants | Until 48 hours before the start of the Service | Less than 48 hours before the start of the Service |
|---|---|---|
| Services including tickets | Changeable for free (subject to available capacity of the Services) | 25% of fees |
| Other Services | Changeable for free (subject to available capacity of the Services) | Changeable for free (subject to available capacity of the Services) |
In case the Client wants to add participants, this change is only possible if the capacity of the tour allows it. The client should address all demands to change his reservation by email by writing to booking@localers.com.
1.3 CANCELING A BOOKING
| Cancelling a Service | Until 48 hours before the start of the Service | Less than 48 hours before the start of the Service |
|---|---|---|
| Services including tickets | 10% of fees | No refund |
| Other Services | Cancellable for free | No refund |
All cancellation requests should be made by mail to booking@localers.com and should include the reservation number, the name of the client, as well as the date. Localers will process the demand as soon as possible.
Any interruption of the tour or activity during the Service, on the part of the client, will not be subject to reimbursement.
All processed reservations on the site implicate the full and complete acceptance of the Terms and Conditions of sale as well as the payment in full of the reservation price.
1.4 CEDING YOUR BOOKING TO ANOTHER PERSON
After a reservation is completed, someone else may participate in the tour in your place free of charge. All sale of a reservation by a person other than Localers is strictly prohibited and will not be recognized as legitimate by Localers.
The assignor(s) must signal the ceding of the reservation via email to Localers at least 48 hours before the start of the Service, by indicating the precise name(s) and identification information of the assignee and beneficiaries. The beneficiaries must fulfill the same criteria as the assignor in order to take part in the tour.
1.5 LATE ARRIVALS
For group tours, any participant arriving more than 15 minutes after the departure time will see his tour canceled and therefore non refundable, regardless of the reason for the late arrival.
For private tours, any participant arriving more than 30 minutes after the departure time will see his tour canceled and therefore non refundable, regardless of the reason for the late arrival.
This does not apply to any Versailles Palace, Vatican and Catacombs tours. For these services, late arrivals will not be permitted, regardless of the reason for the late arrival.
2) PRICES
The prices mentioned on this Site are stated in Euro (€). Unless otherwise indicated, the prices include French V.A.T.
Service prices are subject to modification without notice. Prices vary according to the number of people per booking.
Specials offers indicated on the site, and only valid for a limited period of time and include a discount comprised between 5 to 20% off the regular price. Special offers are subject to change at anytime.
3) PAYMENT
All payments must be done at the time of booking to validate a reservation.
We always charge the full amount of the reservation in Euro (€). The client assumes responsibility for any bank fees incurred in connection with payments, including but not limited to bank or currency fees as well as currency fluctuations.
4) INSURANCE
Localers has an insurance contract with the MMA ENTREPRISES insurance company, located at 19-21 Allée de l’Europe - 92616 Clichy Cedex. This insurance contract covers the financial consequences of the civil liability Localers may incur as a result of its activities.
All Localers tours are covered by a professional cover insurance as required by law, which covers bodily, material, and immaterial harm which could befall the clients of a tour following shortcomings or failure of Localers’ services. The client is encouraged to consult his/her insurer for all complementary coverage from which he/she wishes to benefit.
5) LOCALERS LIABILITY
Localers shall not be liable for any damages, material or immaterial, direct or indirect, that may arise from, or due to, the fault of the Client (i.e. ignoring security information given by the guide) during an excursion or service provided by Localers.
The Client may not request reimbursement or refunds if cancellation of a tour is the result of any act, event or circumstances not reasonably within the control of Localers, including but not limited to any war, terrorism, civil unrest, strikes, severe weather, and other extraordinary circumstances.
Within the limits provided by governing law, Localers cannot be held liable for failure to perform the Agreement in the event of force majeure, as defined in Article 1218 of the French Civil Code and French case law, or in the event of damage caused by a third party outside its control or due to improper or non-compliant use of the Services by the Customer, in breach of Localers’ instructions.
The Client shall be responsible of any administrative formality. Localers will not be held liable for difficulties in obtaining visa or resident permit.
6) PERSONAL DATA
The provisions concerning the protection of personal data set forth in the French Data Protection Act of 6 January 1978, as amended and the European Regulation on the protection of personal data of 27 April 2016 which entered into force on 25 May 2018 (“GDPR”) are found in the document attached entitled “Privacy Policy”, accessible on the Site.
7) GOVERNING LAW AND COMPETENT COURTS
These TCS are governed and interpreted in accordance with French law, without taking into account conflicts of law.
If any provision of these TCS or its application to any person or circumstance is judged null and void, this nullity will not concern the other provisions or applications of these TCS, which will remain in force, independently of the provision judged null and void. To this end, the provisions of these TCS are declared stand-alone.
In the event of a dispute arising when interpreting and/or performing these TCS or in relation to these TCS, the User can decide to seek to settle said dispute with the Company through traditional mediation proceedings or any other alternative means of dispute settlement. The User can notably make contact with: MTV Médiation Tourisme Voyage, BP 80 303 - 75 823 Paris Cedex 17 https://www.mtv.travel - https://www.mtv.travel/quand_et_comment_saisir/
The User is informed that:
- • To allow a dispute to be examined by the mediator, the User must justify that he has made a written claim to the Company or keep written proof of measures taken;
- • The request must be founded and lawful.
The User can bring the matter before the mediator within a maximum period of one year following the Company’s written claim.
Finally, in the event that this mediation procedure fails or if the User wishes to bring proceedings, the French Code of Civil Procedure will apply.
WEBSITE TERMS OF USE
The Terms and Conditions of Use are up-to-date as 1st January 2020
Localers proposes tours and activities throughout Europe, particularly excursions, tours, visits, recreational activities and gastronomical and cultural activities (hereinafter the “Services”).
Legal notices
The website www.localers.com (hereinafter the “Website” is published by TRAVEL LIKE A LOCAL, a SARL, having its registered office at 83, boulevard de Sébastopol 75002 Paris, registered with the Paris Trade & Companies Register under No. 753 018 811 (hereinafter the “Localers”). Its intra-community VAT No. is: FR68 753 018 811. Localers can be contacted by email at the following address: booking@localers.com or by telephone at the following number: +33 (0)7 81 39 36 58 The director of the publication is: Giovanni Maciocco. The Website is hosted by Heroku Inc having its registered office at. 321 11th St San Francisco CA, 94103 United States. Its telephone number is 1-866-278-1349 Localers is registered with the Atout France register under No. IM075200003. It benefits from a financial guarantee with the APST (15, avenue Carnot, 75017 Paris). Localers has taken out third-party insurance with MMA ENTREPRISE, situated at 19-21 avenue de l’Europe, Clichy.
ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
The purpose of this document is to define the terms and conditions (hereinafter the “Terms and Conditions of Use” or “TCU”) in accordance with which Localers provides users (hereinafter the “Users”) with the possibility to browse and use the Website. Use of the Website implies complete and unconditional adherence to these TCU. Localers reserves the right to change these TCU at any time and to inform the Users by any means whatsoever. These changes will enter into force as soon as they are uploaded to the Website. The User is invited to familiarize himself with such amendments. If the User does not accept these amendments, he should not use the Website. Therefore, any violation, infringement, or non-compliance with the various conditions established in the present Terms and Conditions automatically invalidates the contract and voids all booked/purchased services, without notice or refunds and without the possibility of reimbursement of the expenses involved.
DEFINITIONS
The terms which appear in the present Terms and Conditions are defined as stated below:
- - Client refers to all persons, physical or moral having subscribed to one of our paid services in conjunction with Localers and having paid the agreed price.
- - User refers to Site visitors and users
- - “Check Out” refers to the possibility to reserve a service proposed by Localers using an electronic mail address (e-mail), without the creation of a personal member’s account.
- - Service refers to a visit, walk, excursion, private or in group, as advertised on the Site.
- - Profile refers to all the information provided by the Traveler/Client and the manner of its collation on the site
- - Site refers to the website www.localers.com
- - Tour refers to all paid services proposed by Localers (visits, walks, activities, excursions), that last less than twenty-four (24) hours.
- - Voucher refers to a receipt of purchase exchangeable against a service. It is provided immediately after the reservation of a service that the client has paid for.
USE OF THE WEBSITE
The User must ensure that he has the technical and electronic means to browse and use Website before use thereof. He must also ensure that his hardware/equipment is in a good state of repair and is not infected by viruses. Any User with an internet connection can access to the Website at no cost.
THE WEBSITE CAN ONLY BE USED BY PEOPLE AGED EIGHTEEN AND OVER. IF A PERSON AGED UNDER EIGHTEEN WISHES TO USE THE WEBSITE, HE SHOULD OBTAIN THE EXPRESS CONSENT OF HIS LEGAL REPRESENTATIVE
Localers reserves the right to amend, revise, erase, validate or change, in full or in part, any Content (“Content”) contained on the Website or displayed thereon. Localers can erase, change or amend the Website and/or its Content at any time, without notice.
THE USER’S OBLIGATIONS
By using the Website, Users agree:
- • to abstain from using the Website illegally, for any illegal purpose or in any way which is not compatible with these TCU;
- • not to use the Website to publish offensive, defamatory, harassing, obscene, pornographic or threatening remarks and/or remarks which invade the privacy of others;
- • not to sell, copy, reproduce, rent, lend, distribute, transfer or grant sub-licenses on all or part of the elements, information or Content set forth on the Website and/or to allow any third party to use or have access to the Website for any purpose whatsoever or to decompile, take apart, disassemble, modify, display in a format which is legible by the Users or try to discover any source code or use any software activating or including any part of the Website;
- • to respect other Users;
- • not to collect and store User personal data for any purposes whatsoever;
- • not to circulate content which may constitute incitement to felonies or misdemeanors; provoking discrimination, racial hatred and more generally which could be contrary to laws and regulations in force, these rules of use, good morals and public policy;
- • not to circulate ideological, religious or political information or information regarding ethnic claims;
- • not to circulate content which could put minors in peril, notably violent or pornographic messages;
- • not to seek to mislead other Users by appropriating the name or pseudonym of other persons;
- • not to display or communicate by email or any other means, any element breaching a patent, trademark, trade secret, intellectual property right or any other property right belonging to someone else;
- • not to display or communicate by email or any other means an advertisement or any unrequested or unauthorized advertisement materials (in particular “spam” or any other form of request);
- • not to use the Website for abusive purposes by voluntarily introducing viruses or any other malware and not to try to access the Website in an unauthorized manner;
- • not to denigrate the Website and/or Localers and/or the other Users on social networks or any other means of communication.
If, for any reason whatsoever, Localers deems that the Users are not respecting these TCU, it can at any time and at its own discretion, remove their access to the Website and take all measures, including legal action, against them.
ACCURACY AND LAWFULNESS OF THE INFORMATION
Each User undertakes that all information, in particular personal information, which he provides is sufficient, accurate, up-to-date and complete. In order to do so, he undertakes to regularly update said information. The User acknowledges that Localers does not have the material means to verify the truthfulness of all information present on the Website. Localers cannot therefore be held liable in the event of identity theft or for information mentioned which is incorrect or misleading. Localers does not guarantee the appropriateness, lawfulness, integrity or quality of information communicated by the Users. Localers cannot, under any circumstances, be held liable for content which the Users communicate and make available online, in particular their illegal nature under regulations in force, or for errors or omissions or any loss or damage following use, communication by internal mail or any other means via the Website.
AVAILABILITY OF THE WEBSITE
The Website is accessible twenty-four (24) hours a day, seven days a week with the exception of programmed maintenance interruptions and incidents beyond the control of Localers. Localers reserves the right to interrupt, or modify the access to the Website, without obligation to inform the user/client, for any reason deemed necessary by Localers. This interruption does not result in a right to compensation.
Localers will do everything within its means to assure normal access to the Website but may not be held liable in the event of site or server malfunction or any other event which may prevent or limit access to the Website.
Localers is not liable in the event of pirating of the Website. The user declares acceptance of the inherent characteristics and limits of the internet. Localers may terminate at any time the exploitation of the site. This does not grant the user a right to any compensation—monetary or otherwise. Localers reserves the right to modify the features of the Website (by means of addition, deletion, or substitution) to satisfy its technical and legal arrangements.
DURATION/SUSPENSION/CANCELATION
The User will be subscribed to the Website for an undefined duration. The User may deactivate its account at any time, as described Localers reserves the right to temporarily or permanently suspend or prohibit access to the Website to any User in case of a violation of the present terms and conditions on behalf of the User.
PERSONAL DATA
The provisions concerning the protection of personal data set forth in the French Data Protection Act of 6 January 1978, as amended and the European Regulation on the protection of personal data of 27 April 2016 which entered into force on 25 May 2018 (“GDPR”) are found in the document attached entitled “Privacy Policy”, accessible on the Website.
INTELLECTUAL PROPERTY
By accessing the Website, Users expressly acknowledge that the Website and the Content created by Localers and made available to Users are the exclusive property of Localers and are protected by the French Intellectual Property Code and the applicable international treaties and agreements regarding the protection of intellectual property rights. To this end, they cannot be reproduced without Localers’ express authorization subject to civil or criminal proceedings.
Localers alone holds all rights, titles and interests regarding the Website and its Content, including all intellectual property rights, including all rights regarding copyrights, designs and models, brands, trade names, commercial names, corporate names, domain names, technology, know-how, procedures, formulae, source codes and executable codes, data and similar rights, including information regarding any request, filing or renewal thereof which may be protected by laws, regulations or rules regarding intellectual property in any country.
Localers grants a non-exclusive license to Users to allow them to use the Website and Content within the strict framework of these TCU.
Any reproduction, representation, adaptation, use, distribution, circulation, commercial use, translation, arrangement, transformation or any creation of derived works or composites of all or part of works and/or any other Content set forth on the Website on any medium whatsoever and by any process whatsoever, whether current or future. These actions may constitute counterfeits punishable by civil or criminal sanctions, incurring the liability of the author thereof.
The systematic and repeated extraction of information and Content set forth on the Website is strictly prohibited and punishable under intellectual property law and sui generis law on databases. Any unlawful extraction can incur the civil and criminal liability of the author thereof.
“LOCALERS” and all of Localers’s other brands and logos are protected trademarks under French intellectual property law (hereinafter collectively the “Trademarks”). Without Localers’s express, written authorization, the User undertakes not to use or diffuse the Trademarks in any way whatsoever.
Any violation of the intellectual property rights of the Localers site may be punished by the immediate deactivation of the implicated user’s account.
LIABILITY
Localers declines all liability for any harm resulting from the fraudulent interference of a third party, outside its control, resulting in a modification or alteration in information/Content on the Website or harming any User of this Website; and in general any harm, regardless of the causes, origins, nature or consequences, thereof, resulting from access to any Website or the impossibility of accessing it, which is outside its control. Localers cannot, under any circumstances be held liable for technical problems or defaults related to telephony networks, online IT systems, servers, Internet providers, IT hardware and/or User software.
LINKS
Localers cannot be held liable for any hypertext links included on the Website to other Websites or other sources of Internet content (the “External Sources”). As Localers cannot control these External Sources, the User acknowledges that Localers cannot be held liable for making available these External Sources and cannot be held liable for the content, advertisements, products, services or any other materials available on or via External Sources.
GOVERNING LAW AND COMPETENT COURTS
These TCU are governed and interpreted in accordance with French law, without taking into account conflicts of law. In the event of a dispute arising when interpreting and/or performing these TCU or in relation to these TCU, the User can decide to seek to settle said dispute with the Company through traditional mediation proceedings or any other alternative means of dispute settlement. The User can notably make contact with: MTV Médiation Tourisme Voyage, BP 80 303 - 75 823 Paris Cedex 17 https://www.mtv.travel - https://www.mtv.travel/quand_et_comment_saisir/
The User is informed that:
- • To allow a dispute to be examined by the mediator, the User must justify that he has made a written claim to the Company or keep written proof of measures taken;
- • The request must be founded and lawful.
The User can bring the matter before the mediator within a maximum period of one year following the Company’s written claim. Finally, in the event that this mediation procedure fails or if the User wishes to bring proceedings, the French Code of Civil Procedure will apply.
CONTACT
Localers can be contacted, at any time, by sending an email to the following email address: bonjour@localers.com
LOCALERS PRIVACY POLICY
Updated on 1rst January 2020
LOCALERS considers the protection of personal data to be essential and wishes to clearly and transparently explain how and why it collects, processes, stores and uses User personal data.
This privacy policy also sets forth User rights and monitoring tools with respect to the treatment of their personal data.
This privacy policy (hereinafter the “Privacy Policy”) is proposed by TRAVEL LIKE A LOCAL, a SARL (hereinafter the “Company”), having its registered office at 83, boulevard de Sébastopol 75002 Paris, registered with the Paris Trade & Companies Register under No. 753 018 811 and with the intra-community VAT number FR68 753 018 811.
The Company’s telephone number is +33 (0)7 81 39 36 58 and its email address is booking@localers.com.
The director of the publication is: Giovanni Maciocco.
The Company publishes the website www.localers.com (hereinafter the “Website”) which it makes available to the users (hereinafter the “Users”).
The Website is hosted by ANIL INFORMATION SYSTEMS.
The Company provides Website Users with tourist services, in particular excursions, trips, visits, leisure activities and dining and cultural discovery activities (hereinafter the “Services”).
In order to perform these Services, the Company has third-party liability insurance with MMA ENTREPRISE, (19-21 avenue de L’Europe 92210 Clichy).
The Company is registered with the Atout France register under No. IM075200003.
It benefits from a financial guarantee with the APST (15, avenue Carnot, 75017 Paris).
WHAT INFORMATION DOES THE COMPANY COLLECT FROM ITS USERS?
To allow Users to order Services on the Website and contact the Company, the Company, acting as data controller, has to collect personal data regarding Users, in particular:
- - Full name of the lead passenger;
- - Email address;
- - Country of residence;
- - Full name and age of the other passengers;
- - Address in Paris (if relevant);
- - Landline and mobile telephone number;
- - The language chosen for the Services (optional);
- - Bank details (the four last numbers and the type of card);
- - IP address;
- - Data from Google Analytics;
The User is informed that if he does not wish to provide the personal data requested, the Company will be unable to fulfill the order.
CHILDREN’S PERSONAL DATA ON OUR WEBSITE
THE WEBSITE CAN ONLY BE USED BY PERSONS AGED EIGHTEEN AND OVER.
HOW AND FOR WHAT PURPOSE IS USER PERSONAL DATA USED?
The Company uses User personal data for the following purposes:
| Purpose | Legal basis of processing |
|---|---|
| Provision of Services on the Website | Processing is necessary for the performance of the agreement entered into with the User |
| Acceptance of orders | Processing is necessary for the performance of the agreement entered into with the User |
| Management and processing of orders | Processing is necessary for the performance of the agreement entered into with the User |
| Billing | Processing is necessary for the performance of the agreement entered into with the User |
| Information about the Company, the Services and the Company’s activities | Processing is necessary for the purpose of the Company’s legitimate interests |
| Response to any User questions/complaints | Processing is necessary for the performance of the agreement entered into with the User |
| Establishment of commercial statistics | Processing is necessary for the purpose of the Company’s legitimate interests |
| Commercial prospection | Processing is based on the User’s consent |
| Management of requests regarding the rights to access, portability, erasure, restricted processing, rectification and objection | Processing is necessary for the performance of the agreement entered into with the User |
| Management of unpaid amounts and litigation | Processing is necessary for the performance of the agreement entered into with the User |
WITH WHICH THIRD PARTIES DOES THE COMPANY SHARE USER PERSONAL DATA?
User personal data is processed by the Company and subcontractors which assist the Company with its activity, i.e. tour operators and the Website host ANIL INFORMATION SYSTEMS. The servers on which User personal data is stored are situated in France. The Company does not transfer User personal data internationally.
The Company may also communicate personal data in order to cooperate with administrative and legal authorities.
WHAT RIGHTS DOES THE USER HAVE?
Users benefit from a number of rights, as listed hereafter:
- • Right to access: the right to be informed and to request access to personal data that the Company is processing;
- • Right to rectification: the right to ask the Company to modify or update your personal data if it is inaccurate or incomplete;
- • Right to erasure: the right to ask the Company to permanently erase your personal data;
- • Right to restriction: the right to ask the Company to temporarily or permanently stop the processing of part or all of your personal data;
- • Right to object:
- - the right to refuse the processing of your personal data at any time;
- - the right to refuse processing of your personal data for marketing purposes;
- • Right to withdraw consent: the right to withdraw consent for the processing of personal data, at any time, by a simple measure equivalent to that used to obtain the User’s consent;
- • Right to data portability: the right to request a copy of your personal data in electronic format and the right to communicate such personal data for use by a third-party service;
- • Right to give postmortem instructions: the User can give the Company instructions regarding the storage, erasure and communication of his personal data after his death. In the absence of such instructions, the Company will grant the requests of the successors as restrictively set forth in Article 40-1, III of the French Data Protection Act.
HOW CAN THE USER EXERCISE HIS RIGHTS?
In order to exercise the rights set forth above and for any questions regarding the processing of personal data, the User can contact the Company at the following email address: dataprotection@localers.com or by telephone via the following number: +33 (0)1 44 55 60 77 or by post to the following address: LOCALERS – Data Protection Officer, 83 Boulevard de Sébastopol, 75002 PARIS FRANCE.
To allow the Company to process the request as quickly as possible, the User can indicate in his request the purpose and context in which his personal data was collected by the Company.
HOW DOES THE COMPANY SECURE USER PERSONAL DATA?
The Company seeks to secure User personal data by taking the appropriate technical and organizational measures to guarantee a level of security adapted to the risk, such as pseudonymization and encryption of User personal data, any means which can guarantee the permanent privacy, integrity, availability and resilience of systems and processing services, any means allowing availability and access to personal data to be restored, and a procedure seeking to test, analyze and regularly assess the efficacy of technical and organizational measures in place.
HOW LONG IS USER PERSONAL DATA STORED?
User personal data is stored only for the time necessary to achieve the purpose for which the Company stored this data, in order to meet User needs and fulfill legal obligations.
In order to establish the storage period of personal data, the Company applies the following criteria:
- - in the event of orders for Services, personal data is stored for the term of the contractual relation and for the legally required periods;
- - User personal data collected can also be used for commercial prospection purposes and is stored for three years after collection or last contact with the User;
- - if the User makes a request to the Company, personal data will be stored for the period necessary for the processing of the request;
- - if cookies are placed on the User’s device, the personal data is retained for the duration of the session identification cookies and for any period as defined in accordance with applicable regulations; the maximum retention period of cookies is 13 months from the date when they are first placed on the User's device, the same applying to the period of validity of the User’s consent to the use of such cookies. The lifetime of the cookies is not extended by subsequent visits. The User’s consent will therefore need to be renewed upon expiry of this period.
- - Banking data (if applicable) is stored for a maximum period of 13 months;
At the end of the above-mentioned periods, the personal data will be erased or the Company will anonymize said data.
LINKS TO THIRD-PARTY WEBSITES ON THE COMPANY WEBSITE
In order to improve the quality of our services, the Company may, at any time, include links to third-party websites. These sites have a different and independent privacy policy to the Company. The User is invited to consult the privacy policy of third-party websites it visits.
THE USER’S RIGHT TO FILE A CLAIM WITH THE FRENCH DATA PROTECTION AUTHORITY (CNIL)
In the event of a claim, Users can contact the French Data Protection Authority, the competent authority regarding personal data. Its contact details are as follows: 3 Place des Vosges, 75007 Paris, telephone No.: +33 (0)1 53 73 22 22.
WHAT COOKIES/TRACKERS ARE USED BY THE COMPANY ON THE WEBSITE AND HOW CAN YOU OBJECT?
Within the context of browsing or creating an account on the Website, the Company uses the following trackers:
| Name | Usefulness | Expiry |
|---|---|---|
| _fbp | Unique Facebook username => Makes it possible to convert users coming from a Facebook advertisement | 3 months |
| _gat [x2] | Used by Google Analytics to drastically reduce the rate of queries | 1 day |
| _ga | Unique Google Analytics username => Makes it possible to collect statistics for Google Analytics | 13 months |
| _gid | Google session username => Makes it possible to collect Google Analytics statistics | 1 day |
| hjIncludedInSample | Hotjar cookie. This session cookie is set to let Hotjar know whether that visitor is included in the sample which is used to generate funnels. | Session |
| _museums_session | Session cookie for Localers website | Session |
| crisp-client | Session cookie Crisp chat. | 13 months |
| mp_*_mixpanel | This cookie is set by Mixpanel Analytics and helps us understand | 13 months |
In accordance with Deliberation No. 2019-093 of 4 July 2019, adopting guidelines on the application of Article 82 of the French Data Protection Act of 6 January 1978, amended, regarding read and write operations on a user’s device (in particular cookies and other trackers), the Company informs Users that trackers are used to record certain information stored in the memory of their computing equipment/hardware. This information is for the purposes of improving the use and functioning of the Website, and also for understanding how the Website is used by Users, as well as the tools and services that the Company makes available to them. These trackers do not contain any personal information relating to Users. Accordingly, no processing of personal data is carried out in respect of these trackers.
When accessing the Website for the first time, an alert message informs the User about the use of trackers and invites the User to accept the purposes of this usage. Accepting or refusing the use of trackers has no impact on the User’s browsing experience.
In particular, the alert message details:
- - the identity of the data controller(s);
- - the specific purposes of the trackers used;
- - the option to withdraw consent at any time.
To guarantee the User’s free, informed and unequivocal consent, the banner will not disappear until he continues browsing.
Without the User’s express prior consent, cookies will not be placed or read:
- - If the User visits the Website (homepage or directly on another Website page) and does not continue browsing: the simple absence of action cannot be deemed an indication of wishes;
- - Or if a User clicks on the link present in the banner allowing him to configure cookies and, as may be relevant, refuses the placing of cookies.
The User can choose to disable cookies and other tracers at any time. His browser can be configured to inform him of the cookies placed on his device and ask him to accept or refuse them.
The configuration of each browser is different. It is described in the help menu of the browser which will allow the User to know how he wishes to change his cookie choices.
» Firefox:https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
- ✓ Click on the menu button and select “Options”.
- ✓ Select the “Privacy and security” section.
- ✓ Set the “Storage rules” to “Use personalized settings for the history”.
- ✓ Untick the “Accept cookies” box.
- ✓ All changes you make will be automatically saved.
» Internet Explorer:https://support.microsoft.com/en-us/products/windows?os=windows-7
- ✓ Click on the Tools button, then on “Internet Options”.
- ✓ Click on the “Privacy” tab, then under “Settings”, move the cursor towards the top to block all cookies or towards the bottom to authorize all cookies, then click on OK.
» Google Chrome:https://support.google.com/chrome/answer/95647?hl=en
- ✓ Select the icon from the Chrome menu.
- ✓ Select “Settings”.
- ✓ At the bottom of the page, select “Show advanced settings”.
- ✓ In the “Privacy” section, selection “Content settings”.
- ✓ Select “Prevent all sites from storing data”.
- ✓ Select OK.
» Safari:https://www.apple.com/legal/privacy/en-ww/cookies/
- ✓ Click on “Settings” > “Safari” > “Privacy” > “Cookies and website data”
CHANGING OUR PRIVACY POLICY
This privacy policy can be amended. The Company therefore recommends that its Users regularly consult this page of the Website. In the event of a significant change to the Privacy Policy, the Company will inform Users thereof.