Legal notice

30 October 2018 | | Reading time 16 minutes

The forum www.lagoon-inside.com hereinafter referred to as the “Blog” is published by:

CONSTRUCTION NAVALE BORDEAUX, SA with a capital of €3 487 500, registered in the Bordeaux “Registre du Commerce et des Sociétés” (register of companies) under number 342 012 390

whose headquarters are located at: 162 quai de Brazza, 33072 BORDEAUX (France).

Tel. : +33 5 57 80 85 50

E-mail address: info@lagoon-inside.com

Intra-community VAT ID No: FR 88.342 012 390

Publication Director: Yann MASSELOT

Blog hosting: OVH, SAS with a capital of 10 069 020 €, 2 rue Kellermann – 59100 Roubaix – France, +33 9 72 10 10 07.

Access and use of this Blog are subject to the “Legal Notices” set out below, as well as all applicable laws and/or regulations.

Connecting to, accessing and contributing to this Blog implies full and unreserved acceptance by all visitors of all the provisions contained in these “Legal Notices”, which should be viewed whenever connecting to the Blog.

 

Article 1 – Purpose of this Blog

This Blog belongs to CONSTRUCTION NAVALE BORDEAUX and is dedicated to give owners and users of LAGOON catamarans the opportunity to share their respective experiences, and testimonials of their trips and cruises on board their LAGOON catamarans by creating hypertext links and/or posting their travel journals and log books online.

 

Article 2 – Subscription to the Blog

To subscribe to the Blog, the internet user must be logged in and his subscription form must be approved.

Minors may not subscribe to the Blog or create a user profile unless they have the agreement of the persons having parental authority over them. Use of the Blog by a minor is at the sole discretion of the persons having parental authority over him/her.

When fulfilling the subscription formalities using the online form, the user will receive his/her automatically generated, credential details.

When subscribing on the online form, the user will be asked to provide personal information (family name, given name, e-mail address, phone number, postal address…), which will be processed as defined below. The user will be informed whether the answers required for this purpose are compulsory or optional.

The user undertakes to provide all mandatory information required by the subscription form. Should he/she fail to answer the obligatory questions, the internet user will not be able to validate his/her subscription to the Blog.

Only one subscription per person to the Blog is permitted. A user is not permitted to subscribe several times to the Blog under different, multiple identities or addresses.

 

Article 3 – Use of credentials

Each user is responsible for the conservation and confidentiality of his login details.

Every connection to the Blog on the part of a user, and/or transmission of data using a user profile, is assumed to have been performed by the owner of the identifying details used to make the connection and of the profile used to perform the transmission, and this at his/her sole discretion.

In the event of his/her identifying details and/or profile being used fraudulently, the user undertakes to inform CONSTRUCTION NAVALE BORDEAUX at the earliest possible opportunity at the following address:

CONSTRUCTION NAVALE BORDEAUX

MARKETING DEPARTMENT

162, QUAI DE BRAZZA

33072 BORDEAUX (FRANCE)

Email: info@lagoon-inside.com

Tel. : +33 5 57 80 85 50

 

Article 4 – Processing of personal data

 

The data collected on the site www.lagoon-inside.com is meant to be processed by CONSTRUCTION NAVALE BORDEAUX, responsible for the data processing, to manage your information request, your subscription to the Blog, to the newsletter and to better know you. This data processing is based on CONSTRUCTION NAVALE BORDEAUX‘s legitimate interest in terms of their customers and potential customers relation management.

In the forms, fields marked with an asterisk are mandatory. If these fields are not filled in, your request cannot be processed.

The data collected is used only by the Internal Departments of CONSTRUCTION NAVALE BORDEAUX and by the communications, marketing/sales, and customer service departments. Subject to your prior agreement, your data can also be communicated to other Group BENETEAU entities, and its distributors/dealers who may offer commercial offers to you. When the entities of Group BENETEAU and/or the distributors/dealers concerned are located outside of the European Union, contractual clauses have been concluded between stakeholders.

Your data is also accessible to our subcontractors (notably for website hosting purposes). Please note that your personal data can only be communicated to third parties for the ends aimed at in this legal information or subject to your consent. Subcontractors acting on behalf of CONSTRUCTION NAVALE BORDEAUX, are held to deploy the appropriate protective measures of such personal data.

 

The information concerning you will be kept:

– For a 3 year period after it was collected in the absence of an agreement.

– After an agreement or order was signed, during the entire contractual period, then kept as intermediary archives for a duration corresponding to the warranty period added to the applicable legal prescription duration.

– For a 13 month period starting from its implantation/creation concerning cookies.

 

In accordance with regulations applicable in terms of personal data protection, you dispose of:

– a right to access (and) rectification, erasure and portability of the data concerning you;

– a right to restriction and opposition for legitimate motives concerning data processing;

– the possibility of giving us directives in order to organise the future of the data concerning you (conservation, erasure, third party communication, etc..) in case of death.

 

You can exert such rights by writing to the following postal address:

Construction Navale Bordeaux – 162 quai de Brazza – CS 81217 – 33072 Bordeaux cedex

 

However, your opposition can, in practice and as appropriate, have an incidence on or render impossible the taking into consideration of your request for information, registration or use of services provided by this Blog.

You also dispose of a right to appeal to a national supervisory authority such as the Commission Nationale de l’Informatique et des libertés in case of regulation violation in terms of personal data protection and notably the European Regulations n°2016-679.

 

 

Article 5 – Cookies

As you browse this Blog, we are likely to save data related to your browsing in files known as “Cookies”. These are stored on your terminal (computer, tablet, mobile phone or any other device optimized for the Internet).

We have provided this page to help you understand what a Cookie is and enable you to adapt your settings.

These Cookies are used by CONSTRUCTION NAVALE BORDEAUX to improve your user experience and make it easier to browse this Blog.

 

5.1 – What is a Cookie

A Cookie is a simple text file that is stored in a dedicated space on your terminal’s hard disk, via your browser, when visiting a Blog or viewing an advertisement. It contains several items of data, including the name of the server that deployed it (server of the Blog you are visiting), an identifier in the form of a unique number and in some cases a cookie expiry date.

By using Cookies a company or organization can recognize the terminal of the users on which it has been stored. It can also collect data related to how they browse Blogs and offer personalized services to them.

We would like to reassure you that these Cookies contain no private data and that only the company or organisation deploying the Cookies can read or modify the data within them.

 

5.2 – Cookies used in this Blog

– Cookies needed for this Blog to work properly: these memorize the data you entered in forms, manage and make access to privately accessed pages secure (registration or access to your account, service required, contents of a shopping basket, etc.)

– Functional Cookies: These adapt the presentation of the Blog to your terminal’s display preferences (language used, display resolution, etc..)  and personalize your access to the Blog.

– Analytical Cookies (or “audience measuring Cookies”): These collect traffic data anonymously to build statistics and establish how often the site is visited (number of visits, page views, etc.) and to know how the elements comprising this site are used (sections and pages viewed, etc.) enabling CONSTRUCTION NAVALE BORDEAUX to track and improve the quality of its services. Also, this Blog uses Google Analytics, a service analysing Internet sites provided by Google Inc. (“Google”), with which we can analyse the way the Blog is used by its users.

– Social Cookies: Enable you to interact with social modules on the Blog (Facebook, Twitter, etc.).

 

5.3 – Managing Cookies

It is important to know that you can manage and control the installation of these Cookies on your terminal by changing your browser settings.

Therefore, you can configure your browser to accept or reject all Cookies either systematically or according to the name of the company deploying them. You can also choose to be informed automatically when a Cookie is stored on your device.

Lastly, you can configure your browser to have greater control over the management of your Cookies, by temporarily accepting or refusing Cookies before they are stored on your hard disk by the server of the Blog you are visiting.

We therefore advise you to configure your browser’s settings to meet your satisfaction.

Since all browsers are different, you will need to open the “Help” menu of your browser to find out how to change the settings related to Cookies.

 

We remind you that any alterations to settings on your device can result in a change in browser behaviour and prevent you from accessing some of the services that require the use of Cookies. If these changes are not satisfactory, you can change your Cookies settings again at any time.

 

Article 6 – Users’ commitments and responsibilities

Each user undertakes to communicate only accurate, up-to-date information which does not infringe the rights of others and is not offensive to public order and public decency.

Every user undertakes, without reservation, to comply with these General Conditions of Use.

Subscription to the Blog enables any user who so wishes to make contact with or be contacted by other users who have also given their prior express consent to being put in touch in this way.

Each user is responsible for his opinions, comments, behaviour and anything else he/she chooses to share, of whatever kind, with one or more other users when making direct contact of this kind (in writing, orally…) CONSTRUCTION NAVALE BORDEAUX declines all liability where this is concerned.

Similarly, each user declares that he/she has been granted the prior express consent of the natural persons featuring in the photographs and videos he/she publishes online under his/her profile to the reproduction, representation and display of such photographs and videos on the Blog. CONSTRUCTION NAVALE BORDEAUX also declines all liability where this is concerned.

Generally, each user undertakes to submit to the rules of conduct followed by internet users, and more specifically to the following rules:

– To respect customary rules of courtesy;

– Not to publish online:

Comments and photographs and videos containing defamatory, threatening, obscene or racist information, or information likely to incite paedophilia, discrimination, hatred or violence on the grounds of race, ethnicity or religion, or material apologising for Nazism or disputing crimes against humanity,

any content encouraging counterfeiting (e.g. by creating hypertext links leading to websites offering counterfeit content, or simply by providing information relating to such websites), any information likely to offend public order or public decency and, more generally, any illicit information;

– Not to reproduce works protected by intellectual property rights without the consent of their author;

– Not to collect, store and/or disseminate other people’s personal data, in particular concerning other users;

– Not to engage in spamming, i.e. sending the same unsolicited, gratuitous messages several times to many different users;

– Not to disseminate or use computer programs including destructive functionalities, such as viruses, WORM-type programs, Trojan horses or robots intended to display one or a succession of multiple screens, or any other activity tending to disrupt online communication;

– Not to usurp the identity of another user or any other person, particularly with the intention of deceiving or causing harm or damage to other persons.

In the event of a user failing to comply with one of the commitments set out above, CONSTRUCTION NAVALE BORDEAUX reserves the right to cancel the subscription of the insensitive user and to block his/her credentials. The user agrees to this condition simply by the fact of having subscribed to the Blog.

Each user shall hold CONSTRUCTION NAVALE BORDEAUX harmless against any demand, claim and/or imposition of damages which the company might be threatened with or made subject to, and/or which the company might be ordered to pay, including any lawyers’ expenses which might have been incurred, if such damages were caused by or resulted from a failure to comply with one of the commitments set out under points above.

 

Article 7 – Limitation of liability

7.1. User’s limitation of liability

As a user of this Blog, you confirm that you have the skills and technical resources required to access and use it.

You confirm that you have checked that your computer equipment contains no viruses, and that it is in perfect working order. You must also have read these Legal Notices and agree to respect the conditions they impose.

You are solely and fully liable for the use you make of this Blog. CONSTRUCTION NAVALE BORDEAUX may not be held liable for any damage, whether direct or indirect and, more specifically, damage to equipment, loss of data or programs or financial loss arising as a result of using this Blog or those websites to which it has links.

 

7.2. CONSTRUCTION NAVALE BORDEAUX limitation of liability

CONSTRUCTION NAVALE BORDEAUX opened this Blog to provide information for the personal use of its users. Under no circumstances may the data on this Blog be exploited commercially without the prior written authorization of CONSTRUCTION NAVALE BORDEAUX.

The Blog offers a general presentation of LAGOON’s range, products, and services. Consequently, CONSTRUCTION NAVALE BORDEAUX cannot be held responsible for any lack of precision or omission in the data on this Blog.

The information shown on the Blog (texts, graphics, photos, etc.) is of a purely general and informative nature and is provided for information purposes only. Despite our constant vigilance, this Blog cannot constitute a contractual document and may not be used as a ground for legal action.

To obtain precise updated information, particularly in relation to prices, availability, characteristics, content and variants of the different products and services shown on this Blog, we recommend that you contact the dealer of your choice.

CONSTRUCTION NAVALE BORDEAUX has entrusted the distribution of its LAGOON products and services to a network of independent dealers. Only they are authorized to provide you with precise up-to-date information on the characteristics and prices of the products and services that they commercialize.

CONSTRUCTION NAVALE BORDEAUX has a continuous development policy for its networks’ products and services and, without prior notice or informing the public, it reserves the right to modify information related to characteristics of products presented without incurring liability.

Since CONSTRUCTION NAVALE BORDEAUX is unable to present its full range on this Blog, we recommend that you contact the dealer of your choice to obtain additional and personalized information.

The information shown on this Blog is the latest update of the different pages of the Blog

when it was put online. Modifications may have been made since the last update. This is why we recommend that you refer to the dealer of your choice for further information and to find out about recent developments.

CONSTRUCTION NAVALE BORDEAUX cannot guarantee the reliability and exhaustive nature of the information provided to internet users on its Blog.

 

 

Article 8 – Security

When using this Blog, you agree to refrain from any action capable of causing computer failures, whether functional or of any other nature, affecting the operation of the Blog or of any server or service that may be accessed via the Blog.

Within the space constituted by the Blog, you expressly agree to provide only reliable information, data, documents and/or files that are inoffensive and not likely to affect the operation of the Blog or of any server or service that may be accessed via the Blog.

You agree that when using the Blog or any server or service that may be accessed via the Blog, you will:

– Comply with all current national and international laws and regulations, and respect the rights of third parties.

– Refrain from prejudicing the image of CONSTRUCTION NAVALE BORDEAUX in any way and in any form whatsoever.

CONSTRUCTION NAVALE BORDEAUX cannot be held responsible for any damage arising from access by a user to the Blog and/or use of the Blog, or inability to access it.

 

Article 9 – Intellectual property

9.1 – Copyright

CONSTRUCTION NAVALE BORDEAUX is the author of this Blog within the meaning of articles L 111.1 and subsequent of the French Intellectual Property Code.

This Blog is developed via the WordPress platform.

LAGOON Photo credit: Nicolas Claris (claris@claris.fr) and Lagoon photo library.

USERS’ Photographs used under Creative Commons licence in compliance with the conditions of use as defined by the authors.

Any reproduction, whether direct or indirect, temporary or permanent, by any means and in any form whatsoever, whether in full or in part, and any representation, use or modification, even partial modification, of this Blog are prohibited. Any such use constitutes a copyright infringement, punishable by four years’ imprisonment and a €300,000 fine (Article L 335-4 of the French Intellectual Property Code).

 

9.2 – Brands copyright

The nominative and semi-figurative LAGOON brand is registered by CONSTRUCTION NAVALE BORDEAUX and is the sole property of the company.

The CNB YACHT BUILDERS, CNB PRO, EYB, JEANNEAU, PRESTIGE and BENETEAU brands are referred to by CONSTRUCTION NAVALE BORDEAUX on this Blog with the permission of their respective owners.

Any reproduction, use, imitation, insertion, deletion or modification of these brands, without prior permission of CONSTRUCTION NAVALE BORDEAUX or their owners, constitutes an infringement punishable by three years’ imprisonment and a €300,000 fine (Article L 716-9 of the French Intellectual Property Code).

 

Article 10 – Hypertext linking and referencing

10.1 The Blog can contain hypertext links leading to other Blogs, completely independent of this Blog. CONSTRUCTION NAVALE BORDEAUX does not imply endorsement or guarantee the accuracy, comprehensiveness, or truthfulness of the information contained on any Blog it is connected to by hypertext links.

Consequently, you are responsible for any access to another Blog connected to this Blog.

 

10.2 Any creation of a hypertext link to this Blog and any referencing of it are not allowed without the express permission in writing of CONSTRUCTION NAVALE BORDEAUX.

 

Article 11 – Modification of this Blog’s Legal Notices

CONSTRUCTION NAVALE BORDEAUX reserves the right to change or correct these Legal Notices at any time and without prior notice, especially in the event of changes to current legislation, where such changes made are to ensure compliance.

 

Article 12 – Applicable law

This Blog and these Legal Notices are subject to French law.