Definitions

"CLIENT" refers to any professional or natural person capable under Articles 1123 et seq. of the Civil Code, or legal entity.

"CONTENT" refers to all elements constituting the INFORMATION present on the Site, including texts, images, and videos.

"CLIENT INFORMATION" hereinafter referred to as "INFORMATION(s)," which correspond to all PERSONAL DATA that may be held by https://www.hooky-shisha.com for the management of your account, customer relationship management, and for analysis and statistical purposes.

"USER" refers to any Internet user connecting to and using the aforementioned site.

"PERSONAL DATA" refers to "information that, in any form whatsoever, directly or indirectly identifies 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, regarding confidence in the digital economy, USERS of the website https://www.hooky-shisha.com are hereby informed of the identity of the various parties involved in its creation and monitoring:

Owner: SAS ADDTOCART Share capital of €5,000 SIRET: 883 440 240 00025 – 14 Rue de la Perdrix 93420 Villepinte, France - 01 58 69 69 93

Publisher: ADDTOCART - contact@hooky-shisha.com
Webmaster: ADDTOCART SAS - contact@hooky-shisha.com
Host: IONOS – 7 Place de la Gare 57200 Sarreguemines, France - 0970 808 911
Data Protection Officer: ADDTOCART - contact@hooky-shisha.com

2. General conditions of use of the website and the services offered.

The Site is a work protected by intellectual property laws and international regulations. The CLIENT may not in any way reuse, assign, or exploit, for its own benefit, all or part of the elements or works on the Site.

By using the website https://www.hooky-shisha.com, USERS fully and unconditionally accept the following terms and conditions of use. These terms of use may be modified or supplemented at any time, and USERS of the website https://www.hooky-shisha.com are therefore invited to consult them regularly.

This website is normally accessible to USERS at all times. However, https://www.hooky-shisha.com may decide to interrupt access for technical maintenance reasons, and will endeavor to inform USERS of the dates and times of such interventions in advance. The website https://www.hooky-shisha.com is regularly updated by https://www.hooky-shisha.com. Similarly, legal notices may be modified at any time; however, they remain binding on USERS, who are encouraged to refer to them as often as possible to be aware of any changes.

3. Description of the services provided.

The website https://www.hooky-shisha.com aims to provide INFORMATION regarding all the activities of the company. https://www.hooky-shisha.com strives to provide the most accurate information possible on the website https://www.hooky-shisha.com. However, it shall not be held responsible for any omissions, inaccuracies, or deficiencies in the update, whether due to its own actions or those of third-party partners who provide this information.

All information on the website https://www.hooky-shisha.com is provided for informational purposes only and may evolve. Furthermore, the information on the website https://www.hooky-shisha.com is not exhaustive and is subject to changes that may have been made since its publication.

4. Contractual limitations on technical data.

The website uses JavaScript technology. The website shall not be held responsible for any material damage related to its use. Furthermore, USERS of the website undertake to access the site using recent equipment that is free of viruses and with an up-to-date, modern web browser. The website https://www.hooky-shisha.com is hosted by a provider in the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The goal is to provide a service with the best accessibility rate. The host ensures 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 durations, particularly for maintenance, improvement of its infrastructure, infrastructure failure, or if the services generate traffic deemed abnormal.

https://www.hooky-shisha.com and the host shall not be held responsible for any malfunctioning 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://www.hooky-shisha.com is the owner of intellectual property rights and holds usage rights for all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the website elements, regardless of the means or process used, is prohibited without the prior written authorization of https://www.hooky-shisha.com.

Any unauthorized use of the website or any of its elements will be considered as counterfeiting and will be pursued in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.

6. Limitations of liability.

https://www.hooky-shisha.com acts as the publisher of the website. https://www.hooky-shisha.com is responsible for the quality and truthfulness of the CONTENT it publishes.

https://www.hooky-shisha.com shall not be held responsible for any direct or indirect damage caused to the USER's equipment when accessing the website https://www.hooky-shisha.com, resulting either from the use of equipment that does not meet the specifications mentioned in point 4 or from the appearance of a bug or incompatibility.

https://www.hooky-shisha.com cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://www.hooky-shisha.com. Interactive spaces (such as the contact space) are available to USERS. https://www.hooky-shisha.com reserves the right to remove, without prior notice, any CONTENT deposited in this space that violates applicable laws in France, particularly with regard to data protection provisions. If necessary, https://www.hooky-shisha.com also reserves the right to hold the USER liable, both civilly and criminally, in the event of a message that is racist, offensive, defamatory, or pornographic, regardless of the medium used (text, photograph, etc.).

7. Management of PERSONAL DATA.

The CLIENT is informed about the regulations regarding marketing communication, the law of June 21, 2014, on 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 Persons responsible for the collection of PERSONAL DATA

For PERSONAL DATA collected as part of the creation of the USER's personal account and their navigation on the Site, the data controller is: SAS ADDTOCART. https://www.hooky-shisha.com is represented by EL RHARNATHI, its legal representative.

As the data controller for the data it collects, https://www.hooky-shisha.com undertakes to comply with the legal framework in force. It is the CLIENT's responsibility, in particular, to determine the purposes of its data processing, to provide its prospects and CLIENTS with complete INFORMATION on the processing of their PERSONAL DATA based on their consent, and to maintain a register of processing activities that is compliant with reality. Whenever https://www.hooky-shisha.com processes PERSONAL DATA, it takes all reasonable measures to ensure the accuracy and relevance of the PERSONAL DATA with regard to the purposes for which https://www.hooky-shisha.com processes them.

7.2 Purpose of the collected data

https://www.hooky-shisha.com may process all or part of the following data:

  • to enable navigation on the Site and the management and traceability of the services and orders requested by the USER: connection and usage data of the Site, billing, order history, etc.
  • to prevent and fight against computer fraud (such as spamming, hacking): hardware used for navigation, IP address, hashed password
  • to improve navigation on the Site: connection and usage data
  • to conduct optional satisfaction surveys on https://www.hooky-shisha.com: email address
  • to carry out communication campaigns (SMS, email): phone number, email address

https://www.hooky-shisha.com does not commercialize your PERSONAL DATA, which is used solely out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification, and opposition

In accordance with the current European regulations, USERS of https://www.hooky-shisha.com have the following rights:

  • the right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of USERS' data, the right to lock or erase USERS' personal data (Article 17 GDPR) when it is inaccurate, incomplete, ambiguous, expired, or when its collection, use, communication, or storage is prohibited
  • the right to withdraw consent at any time (Article 13-2c GDPR)
  • the right to restrict the processing of USERS' data (Article 18 GDPR)
  • the right to object to the processing of USERS' data (Article 21 GDPR)
  • the right to data portability of the data provided by USERS, when the data is subject to automated processing based on their consent or a contract (Article 20 GDPR)
  • the right to define the fate of USERS' data after their death and to choose to whom https://www.hooky-shisha.com should or should not communicate their data to a designated third party

As soon as https://www.hooky-shisha.com becomes aware of the death of a USER and in the absence of instructions from them, https://www.hooky-shisha.com undertakes to destroy their data, unless its retention is necessary for probative purposes or to comply with a legal obligation.

If the USER wishes to know how https://www.hooky-shisha.com uses their PERSONAL DATA, request its rectification, or oppose its processing, the USER can contact https://www.hooky-shisha.com in writing at the following address:

ADDTOCART SAS
19 RUE BREY
75017 PARIS.

In this case, the USER must indicate the PERSONAL DATA they would like https://www.hooky-shisha.com to correct, update, or delete, by identifying themselves precisely with a copy of an identity document (ID card or passport).

Requests for the deletion of PERSONAL DATA are subject to the obligations imposed on https://www.hooky-shisha.com by law, particularly with regard to the retention or archiving of documents. Finally, USERS of https://www.hooky-shisha.com have the right to file a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of PERSONAL DATA

https://www.hooky-shisha.com prohibits the processing, hosting, or transfer of INFORMATION collected on its CLIENTS to a country outside the European Union or recognized as "not adequate" by the European Commission without informing the CLIENT beforehand. However, https://www.hooky-shisha.com remains free to choose its technical and commercial subcontractors, provided that they provide sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

https://www.hooky-shisha.com undertakes to take all necessary precautions to preserve the security of INFORMATION and, in particular, to prevent it from being communicated to unauthorized third parties. However, if an incident affecting the integrity or confidentiality of the CLIENT's INFORMATION is brought to the attention of https://www.hooky-shisha.com, it must inform the CLIENT promptly and provide them with the corrective measures taken. Furthermore, https://www.hooky-shisha.com does not collect any "sensitive data".

The PERSONAL DATA of the USER may be processed by subsidiaries of https://www.hooky-shisha.com and subcontractors (service providers) solely for the purposes of this policy.

Within the limits of their respective assignments and for the purposes mentioned above, the main persons likely to have access to the data of USERS of https://www.hooky-shisha.com are primarily the agents of our CUSTOMER service.

8. Incident notification

Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot 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, whether at the national or European level. We are committed to fully informing our CLIENTS of all matters relating to the security of their account and providing them with all necessary INFORMATION to help them comply with their own regulatory reporting obligations.

No personal INFORMATION of the USER of the site https://www.hooky-shisha.com is published without the USER's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. The only hypothesis of the transfer of https://www.hooky-shisha.com and its rights would allow the transmission of said INFORMATION to the potential acquirer, who would in turn be bound by the same obligation of retention and modification of data vis-à-vis the USER of the site https://www.hooky-shisha.com.

Security

To ensure the security and confidentiality of PERSONAL DATA and Health Data, https://www.hooky-shisha.com uses protected networks through standard devices such as firewalls, pseudonymization, encryption, and passwords.

When processing PERSONAL DATA, https://www.hooky-shisha.com takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hypertext links, "cookies," and internet tags

The site https://www.hooky-shisha.com contains a number of hypertext links to other sites, set up with the permission of https://www.hooky-shisha.com. However, https://www.hooky-shisha.com does not have the possibility to check the CONTENT of the sites visited in this way and therefore assumes no responsibility for this.

Unless you decide to disable cookies, you agree that the site may use them. You can disable these cookies at any time, free of charge, using the options for disabling them that are offered and recalled below, knowing that this may reduce or prevent access to all or part of the services offered by the site.

9.1. "COOKIES"

A "cookie" is a small information file sent to the USER's browser and stored on the USER's terminal (e.g., computer, smartphone), (hereafter "Cookies"). This file includes information such as the USER's domain name, the USER's Internet Service Provider, the USER's operating system, as well as the date and time of access. Cookies cannot in any way damage the USER's terminal.

https://www.hooky-shisha.com may process the USER's information regarding their visit to the Site, such as the pages viewed, the searches made. This information allows https://www.hooky-shisha.com to improve the content of the Site and the USER's navigation.

Cookies facilitating navigation and/or the provision of services offered by the Site, the USER can configure their browser to decide whether or not to accept them so that Cookies are stored on the terminal or, on the contrary, they are rejected, either systematically or according to their issuer. The USER can also configure their browsing software so that the acceptance or refusal of Cookies is offered to them from time to time, before a Cookie is likely to be saved on their terminal. https://www.hooky-shisha.com informs the USER that, in this case, it is possible that not all features of their browsing software will be available.

If the USER refuses the recording of Cookies on their terminal or their browser, or if the USER deletes those that are recorded, the USER is informed that their navigation and experience on the Site may be limited. This could also be the case when https://www.hooky-shisha.com or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, language and display settings, or the country from which the terminal seems to be connected to the Internet.

If necessary, https://www.hooky-shisha.com declines any responsibility for the consequences related to the degraded operation of the Site and any services potentially offered by https://www.hooky-shisha.com, resulting (i) from the refusal of Cookies by the USER (ii) from the inability for https://www.hooky-shisha.com to save or consult the Cookies necessary for their operation due to the choice of the USER. For the management of Cookies and the choices of the USER, the configuration of each browser is different. It is described in the help menu of the browser, which will let the USER know how they can modify their wishes regarding Cookies.

At any time, the USER can make the choice to express and modify their wishes regarding Cookies. https://www.hooky-shisha.com may also use the services of external providers to help it collect and process the INFORMATION described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin, and Google Plus appearing on the https://www.hooky-shisha.com Site or in its mobile application and if the USER has accepted the deposit of cookies by continuing to browse the Website or the mobile application of https://www.hooky-shisha.com, Twitter, Facebook, Linkedin, and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only deposited on your devices if you consent to it, by continuing your navigation on the Website or the mobile application of https://www.hooky-shisha.com. At any time, the USER can nevertheless revoke their consent to https://www.hooky-shisha.com depositing this type of cookies.

Article 9.2. INTERNET TAGS ("TAGS")

https://www.hooky-shisha.com may occasionally use Internet tags (also called "tags", or action tags, one-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner who may be located (and therefore store the corresponding INFORMATION, including the USER's IP address) in a foreign country.

These tags are placed both in online advertisements that allow Internet users to access the Site, and on the various pages of it.

This technology allows https://www.hooky-shisha.com to evaluate the responses of visitors to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the USER.

The external provider may possibly collect INFORMATION about visitors to the Site and other websites through these tags, compile reports on the activity of the Site for the attention of https://www.hooky-shisha.com, and provide other services related to the use of it and the Internet.

10. Applicable law and jurisdiction assignment.

Any dispute in connection with the use of the https://www.hooky-shisha.com site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is assigned to the competent courts of PARIS.