Legal
LEGAL INFORMATION
1.Identification of the https://www.visiteyguieres.com/ website
Publisher: AGIR ENSEMBLE POUR EYGUIERES
Formation politique, headquartered at 95 impasse de la mare, 13430 EYGUIERES, France
SIRET : 921692042 00010
E-mail: contact@eyguieres2026.fr / Telephone: 07-87-79-25-52
Director of publication: Mr Frédéric DURAND
This site is hosted by : OVH SAS 2 rue Kellermann - 59100 Roubaix - France
Data Protection Officer (DPO): Mr Frédéric DURAND. E-mail address: dpo@eyguieres2026.fr
2. Terms and conditions of use :
3. a) Definitions :
The terms below will have, between AGIR ENSEMBLE POUR EYGUIERES and the User, the following definition:
- Subscriber: designates any person who, without necessarily having joined AGIR ENSEMBLE POUR EYGUIERES or participated in any action whatsoever (petition, communication of opinions, etc.), has given his or her authorization to subsequently receive information related to the purpose of the site.
- Member: designates any person who has joined AGIR ENSEMBLE POUR EYGUIERES CGU: designates the present general conditions of use governing the conditions and obligations of AGIR ENSEMBLE POUR EYGUIERES and the User as a result of access to and use of the Site.
- Subscriber Content: refers to specific information, data, images, videos or sound recordings communicated to the Subscriber.
- Member Content: specific information, data, images, videos or sound recordings accessible only to Members.
- Site Content: refers to the information, data, images, videos or sound recordings accessible through free access to the Site.
- Third-party content: refers to information, data, images, videos or sound recordings accessible on the Site over which AGIR ENSEMBLE POUR EYGUIERES does not have ownership rights, including royalty-free content.
- Publisher: identifies in the present AGIR ENSEMBLE POUR EYGUIERES Participant: designates any person who, without necessarily being a Subscriber or Member, voluntarily communicates information via information forms or participation in petitions.
- User: designates any person having access, connecting and/or using the Site, without having entered information, having subscribed to information distributed by AGIR ENSEMBLE POUR EYGUIERES or having joined.
b) Purpose of the GCU, acceptance, enforceability and modifications :
These GCU define the conditions of access and use by the User of the https://www.visiteyguieres.com/ website.
The User must therefore read them carefully before accepting them.
The GCU are binding between AGIR ENSEMBLE POUR EYGUIERES and the User. The User is therefore bound to respect them in their entirety.
Use of the Site by the User implies acceptance of the GCU. The GCU are deemed read, applicable and enforceable against the User from the date of his/her first access to the Site. The User may cease connection to or use of the Site at any time, but remains liable for all prior use.
The GCU may be unilaterally modified or supplemented at any time. The User must therefore consult them regularly to be informed of any changes. Any User accessing the Site after the date of publication of the modified GCU is deemed to have read and accepted the new GCU.
c) Purpose of the Site :
The https://www.visiteyguieres.com/ website has the following objectives:
- Inform the User about the organization, operation, commitments and news of AGIR ENSEMBLE POUR EYGUIERES, including events that AGIR ENSEMBLE POUR EYGUIERES may organize directly or indirectly,
- Share third-party Content, including royalty-free Content,
- Enable Subscribers to subscribe to newsletters and updates,
- Enable new memberships,
- Allow the collection of data through petitions or forms from the Participant,
- To collect donations from the User,
- Enable members to obtain official AGIR ENSEMBLE POUR EYGUIERES communication materials,
- To enable the User to access the movement's online store, which is governed by independent and specific General Terms and Conditions.
e) Access to the site and information contained therein :
The Site is accessible to the User free of charge. The costs of accessing the Site (in particular computer hardware and software, Internet connection, etc.) are borne by the User.
The site is normally accessible to the User at all times. However, the publishing director may decide to interrupt the site at any time for technical maintenance purposes, without prior notice or compensation. The publishing director will endeavour to inform users of the dates and times of any such intervention in advance. The site is updated regularly.
The Site is hosted by a service provider in France. The aim is to provide a service that ensures the highest level of accessibility. The host ensures continuity of service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service at any time, without notice or compensation, for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure or if it detects traffic deemed abnormal. The Site or the Publisher may not be held liable for any material damage arising from use of the Site. Furthermore, the Site User undertakes to access the Site using recent, virus-free hardware and with a last-generation, up-to-date browser.
The Site, the Editor or the host cannot be held responsible in the event of malfunction or incompatibility of the Internet network, telephone lines or computer and telephony equipment, in particular due to network congestion preventing access to the server.
In general, neither the Site nor the Publisher is liable for damages of any kind resulting from an interruption, suspension or modification of all or part of the Site. Likewise, neither the Site nor the Publisher shall be liable for any indirect damage (including loss of business, loss of opportunity, etc.) resulting from use of the Site.
The User may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the Site, except with the prior written authorization of the publication director.
The Site contains information that is as accurate as possible. However, this is an obligation of means. The Editor cannot therefore be held responsible for any omissions, inaccuracies or failure to update information, whether caused by the Editor or by third-party partners who supply the information.
All information on the Site is given for guidance only and is subject to change. Furthermore, the information on the Site is not exhaustive. It is subject to modifications having been made since it was put on line.
Interactive areas (including the possibility of asking questions in the contact area) are available to the User. The Publisher reserves the right to delete any content posted in these areas that contravenes French legislation, in particular data protection legislation, at any time and without prior notice or compensation. Where applicable, the Publisher also reserves the right to hold the User civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
f) Intellectual property rights :
The https://www.visiteyguieres.com/ website constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations.
With the exception of royalty-free third-party content, the Publisher is the owner of the intellectual property rights and/or holds the usage rights to all elements accessible on the Site, including texts, trademarks, designs, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Site, whatever the means or process used, is forbidden, except with the prior written authorization of the Publishing Director.
Unauthorized use of the Site or any of the elements it contains will be considered as counterfeiting and will be prosecuted in accordance with the provisions of the French Intellectual Property Code and other applicable provisions.
g) Obligations of the User :
As previously mentioned, the User may not in any way reproduce, reuse, transfer, exploit, modify or adapt for his or her own use all or part of the elements or works on the Site, without the prior written authorization of the publication director.
The User agrees not to use the interactive areas of the Site for content for which he or she does not have the necessary authorizations.
The User also agrees not to use the interactive areas of the Site for content or which :
- Would be contrary to public order and morality,
- contravenes legislation applicable in France, in particular provisions relating to data protection, or is racist, abusive, defamatory, pornographic, paedophilic, incites hatred of a person or group of persons, incites suicide or the commission of criminal acts, or glorifies war crimes or crimes against humanity, etc.
In any case, the User is solely responsible for the content he/she publishes.
h) Additional obligations of the Subscriber, Member and Participant :
Access to some of the Site's content is conditional upon the User's registration with the Site. Depending on the nature of the registration, the User then becomes a Subscriber or Member.
In the same way, certain functions of the Site are conditioned by the data and information communicated from time to time by the User as part of information forms or petitions. The User then becomes a Site Participant.
When registering or taking part, the Subscriber, Member or Participant undertakes to provide accurate, complete and up-to-date information about himself/herself, in particular his/her marital status.
The Subscriber or Member must also regularly update his or her personal data, and in particular his or her e-mail address, to ensure that it remains accurate. In the event of failure to do so, any communication made by the Site or the Publisher and their partners using obsolete contact details will be deemed to have been delivered and received.
AGIR ENSEMBLE POUR EYGUIERES also reserves the right to refuse or terminate at any time, without notice or compensation, registration, membership or participation on the Site, in particular in the event of non-compliance with the provisions of the GCU by the Subscriber, Member or Participant, or if it is legally obliged to do so.
The User concerned will be informed of the reasons for this refusal or termination via the last e-mail address he/she provided as soon as possible.
i) Personal data :
When browsing the Site, personal data concerning the User may be collected in accordance with the conditions set out in the "Privacy Policy" page accessible on the https://www.visiteyguieres.com/ website.
The data controller for the collection and processing of this data is the publication manager, Mr Frédéric DURAND contact@eyguieres2026.fr
j) Use of cookies :
Browsing the Site may generate the use of cookies. The corresponding conditions are explained on the "Cookie Policy" page of the https://www.visiteyguieres.com/ website.
k) Hypertext links :
The Site contains a number of hypertext links to other third-party sites, set up with the Site's authorization.
The Editor has no way of verifying the content of these third-party sites or their data privacy policy. AGIR ENSEMBLE POUR EYGUIERES accepts no liability in this respect.
l) Applicable law and jurisdiction :
The nullity or invalidity of any of the clauses herein shall not affect the validity and enforceability of the other provisions of the GCU.
Any dispute arising from the use of this site is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of the commune of EYGUIERES.
Legal information about donations
In accordance with the law n°88-227 of March 11, 1988 relating to the financial transparency of political life, the financial agent, Association AGIR ENSEMBLE POUR EYGUIERES declared October 27, 2022 at the sub-prefecture of ISTRES, is the only one authorized to collect donations in favor of AGIR ENSEMBLE POUR EYGUIERES.
A tax receipt will be issued for each donation, and forwarded to you by the financial agent to obtain an income tax reduction equal to 66% of the amount of your financial support, up to a limit of 20% of taxable income and €15,000.
The annual sum of contributions and donations paid by an individual to one or more associations approved as fund-raising associations, or to one or more financial agents of one or more political parties, is capped at €7,500 (€15,000 per tax household).
An individual can make a donation to a political party or group if he or she is a French national or resident.
Donations from legal entities (companies, non-political associations) are prohibited.
Main provisions :
Article 11-4 of Act No. 88-227 of the Act of March 11, 1988, amended by Act No. 2017-1339 of September 15, 2017:
An individual may make a donation to a political party or grouping if he or she is a French national or resident in France. Donations made and contributions paid as a member of one or more political parties or groupings by a duly identified individual to one or more associations approved as funding associations or to one or more financial agents of one or more political parties or groupings may not exceed 7,500 euros annually.
By way of exception, contributions paid by holders of national or local elected office are not taken into account when calculating the ceiling mentioned in the first paragraph.
Legal entities other than political parties or groupings may not contribute to the financing of political parties or groupings, either by granting donations, in any form whatsoever, to their financing associations or their financial agents, or by providing them with goods, services or other direct or indirect advantages at prices lower than those usually charged. Legal entities, with the exception of political parties and groupings, as well as credit institutions and finance companies having their registered office in a Member State of the European Union or party to the Agreement on the European Economic Area, may not grant loans to political parties and groupings, nor provide guarantees for loans granted to political parties and groupings.
The fundraising association or financial agent issues the donor with a receipt for each donation or contribution. A decree of the Conseil d'Etat sets the conditions for drawing up, using and forwarding the receipt to the Commission nationale des comptes de campagne et des financements politiques. In accordance with the conditions laid down by a decree of the Conseil d'Etat issued after consultation with the Commission nationale de l'informatique et des libertés, the beneficiary party or group communicates each year to the Commission nationale des comptes de campagne et des financements politiques a list of the persons who have agreed to make one or more donations or contributions to it, together with the amount thereof.
All donations over 150 euros made to a fundraising association or to a financial agent of a political party or grouping must be paid in full and without consideration, either by cheque, bank transfer, direct debit or credit card.
No financing association or financial agent of a political party or grouping may receive, directly or indirectly, contributions or material aid from a foreign State or a legal entity governed by foreign law. They may not receive loans from a foreign State or a legal entity governed by foreign law, with the exception of the credit institutions or finance companies mentioned in the third paragraph.
Deeds and documents issued by the fundraising association or the financial agent, intended for third parties, and whose purpose is to encourage the payment of donations, must indicate, as the case may be, the name of the association and the date of approval or the name of the agent and the date of declaration to the prefecture, as well as the political party or grouping to which the sums collected are addressed and the mention of the provisions of the first and third paragraphs of this article and the first paragraph of article 11-5.
Article 11-5 of Act No. 88-227 of the Act of March 11, 1988, amended by Act No. 2017-1339 of September 15, 2017:
Persons who have made a donation or granted a loan to one or more political parties or groupings in breach of articles 11-3-1 and 11-4 are liable to three years' imprisonment and a €45,000 fine.
The same penalties apply to the recipient of the gift or loan:
1° By a natural person in violation of article 11-3-1 and the fifth paragraph of article 11-4 ;
2° By the same natural person to a single political party or grouping in violation of the first paragraph of the same article 11-4 ;
3° By a legal entity, including one governed by foreign law, in breach of the said article 11-4.