Legal notice
Definitions
- Client : Any professional or individual with legal capacity as defined by Articles 1123 and following of the Civil Code, or legal entity, who visits the Site governed by these general terms and conditions.
- Services and Provisions : Services offered to Clients by www.tchi-night.com.
- Content: The set of elements constituting the information present on the Site, including texts, images, and videos.
- Client Information : Hereinafter referred to as "Information(s)", which includes all personal data that Tchi’Night may hold for managing your account, customer relationship management, and for analysis and statistics purposes.
- User : Internet user connecting to or using the aforementioned site.
- Personal Data : “Information that, in any form whatsoever, directly or indirectly, identifies individuals 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 meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1. Presentation of the Website
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy, users of the website
are informed about the identity of the various participants in its creation and monitoring:
- Owner : SADEG Farhat info@tchi-night.com
- Publication Manager : SADEG Farhat – info@tchi-night.com
- Webmaster : SADEG Farhat – info@tchi-night.com
- Host : 1and1 – 7 Place de la Gare 57200 Sarreguemines 0970 808 911
- Data Protection Officer : SADEG Farhat – info@tchi-night.com
2. General Terms of Use of the Site and Services Provided
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations.
The Client may not, in any way, reuse, assign, or exploit all or part of the Site’s elements or works for their own benefit.
Using the website www.tchi-night.com implies full and unconditional acceptance of the following general terms of use. These terms of use may be modified or supplemented at any time, so users of www.tchi-night.com are encouraged to consult them regularly.
This website is generally accessible at all times. However, an interruption for technical maintenance may be decided by www.tchi-night.com, which will then endeavor to inform users in advance of the dates and times of the intervention.
The website www.tchi-night.com is regularly updated by the person responsible for TCHI’ NIGHT.
Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible to stay informed.
3. Description of Services Provided
The website www.tchi-night.com aims to provide information regarding all activities of TCHI’ NIGHT, which strives to provide as accurate information as possible on the site www.tchi-night.com.
However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updates, whether due to its own fault or that of third-party partners providing this information.
All information on the website www.tchi-night.com is provided for informational purposes only and is subject to change. Additionally, the information on the site www.tchi-night.com is not exhaustive.
It is provided subject to modifications made since its publication.
4. Contractual Limitations on Technical Data
The site uses JavaScript technology.
The website cannot be held responsible for material damage related to the use of the site. Furthermore, the site user agrees to access the site using up-to-date equipment, free from viruses, and with a modern, updated browser. The website www.tchi-night.com is hosted by a provider within the European Union, in accordance with the General Data Protection Regulation (GDPR: No. 2016-679).
The aim is to provide a service that ensures 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, notably for maintenance, infrastructure improvements, infrastructure failures, or if the Services and Provisions generate abnormal traffic.
TCHI’ NIGHT and the host cannot be held responsible for malfunctions of the Internet network, telephone lines, or IT and telephony equipment, particularly related to network congestion preventing access to the server.
5. Intellectual Property and Counterfeiting
TCHI’ NIGHT owns the intellectual property rights and holds the usage rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the site’s elements, by any means or process, is prohibited, except with prior written authorization from TCHI’ NIGHT.
Any unauthorized exploitation of the site or any of its elements will be considered as counterfeiting and prosecuted in accordance with Articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of Liability
TCHI’ NIGHT acts as the publisher of the site https://www.tchi-night.com and is responsible for the quality and accuracy of the Content it publishes.
TCHI’ NIGHT cannot be held responsible for direct or indirect damages caused to the user’s equipment during access to the website www.tchi-night.com, resulting either from using equipment that does not meet the specifications indicated in point 4, or from the occurrence of a bug or incompatibility.
TCHI’ NIGHT also cannot be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site www.tchi-night.com.
Interactive spaces (possibility of asking questions in the contact area) are available to users. TCHI’ NIGHT reserves the right to delete, without prior notice, any content posted in this area that violates applicable French law, particularly provisions related to data protection.
If necessary, TCHI’ NIGHT also reserves the right to pursue the civil and/or criminal liability of the user, notably in the case of messages with racist, insulting, defamatory, or pornographic content, regardless of the medium used (text, photograph, etc.).
7. Management of Personal Data
The Client is informed about regulations concerning marketing communication, Law of June 21, 2014 for Confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).
7.1. Data Collection Controllers
For Personal Data collected during the creation of the User’s personal account and browsing on the Site, the data controller is: TCHI’ NIGHT.
TCHI’ NIGHT is represented by SADEG Farhat, its legal representative.
As the data controller for the data it collects, TCHI’ NIGHT commits to complying with the applicable legal framework. It is specifically the Client’s responsibility to establish the purposes of their data processing, provide prospects and clients, based on their consents, with complete information about the processing of their personal data, and maintain a register of processing activities consistent with reality.
Each time TCHI’ NIGHT processes Personal Data, it takes all reasonable measures to ensure the accuracy and relevance of the Personal Data concerning the purposes for which TCHI’ NIGHT processes it.
7.2. Purpose of Collected Data
TCHI’ NIGHT may process all or part of the data:
- To enable browsing on the Site and manage and track the services and provisions ordered by the user: connection and usage data, billing, order history, etc.
- To prevent and combat computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, password.
- To improve navigation on the Site: connection and usage data.
- To conduct optional satisfaction surveys on www.tchi-night.com.
- To conduct communication campaigns (SMS, email): phone number, email address.
TCHI’ NIGHT does not sell your personal data, which is used solely as necessary or for statistical and analytical purposes.
7.3. Rights of Access, Rectification, and Opposition
In accordance with applicable European regulations, users of www.tchi-night.com have the following rights:
- Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completion of User data, right to restriction or erasure of personal data (Article 17 GDPR), when it is inaccurate, incomplete, ambiguous, outdated, or when the collection, use, communication, or storage is prohibited.
- Right to withdraw consent at any time (Article 13-2c GDPR).
- Right to restriction of processing of User data (Article 18 GDPR).
- Right to object to the processing of User data (Article 21 GDPR).
- Right to data portability of the data provided by Users, when such data is subject to automated processing based on their consent or a contract (Article 20 GDPR).
- Right to determine the fate of User data after their death and to choose to whom www.tchi-night.com should communicate (or not) their data to a third party they have previously designated.
As soon as TCHI’ NIGHT becomes aware of a User’s death and in the absence of instructions from them, TCHI’ NIGHT commits to destroying their data, unless its retention is necessary for legal purposes or to comply with a legal obligation.
If the User wishes to know how TCHI’ NIGHT uses their Personal Data, request correction, or object to its processing, the User can contact TCHI’ NIGHT in writing at:
SADEG Farhat
info@tchi-night.com
In this case, the User should specify the Personal Data they wish TCHI’ NIGHT to correct, update, or delete, providing precise identification with a copy of an ID.
7.4. Non-Disclosure of Personal Data
TCHI’ NIGHT is prohibited from processing, hosting, or transferring the collected Data to a country outside the European Union or recognized as inadequate by the European Commission without informing the user beforehand. However, TCHI’ NIGHT remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
TCHI’ NIGHT will take all necessary precautions to protect the security of Personal Data and prevent any disclosure to unauthorized persons.
8. Cookies
When users visit the site, one or more cookies may automatically be installed on their browser. A cookie is a small file placed on the user’s device that stores information about their browsing activity on the site. Cookies are used to optimize the user experience, perform statistical analyses, and allow functionalities such as remembering language preferences or login information.
The user can manage cookie settings from their browser. However, disabling cookies may affect the user experience and functionality of the website.
9. Hyperlinks and Cookies
The website www.tchi-night.com contains a number of hyperlinks to other websites, set up with the authorization of TCHI’ NIGHT. However, TCHI’ NIGHT does not have the possibility to verify the content of the sites thus visited and consequently will not assume any responsibility for this fact.
10. Governing Law and Jurisdiction
Any dispute in connection with the use of the site www.tchi-night.com is subject to French law. The competent courts of Nice (France - 06000) have exclusive jurisdiction to rule on any dispute arising from the use of this site.