1. GENERAL INFORMATION
The present general terms and conditions of use (hereinafter referred to as “TOU”) govern access, use, consultation and all operations on the website of the Depila brand, accessible via the domain names depila.be, depila.fr, depila.nl and depila.eu (hereinafter referred to as: “the Site”). The Depila brand, the Site, the domain names and their sub-domains and their content are the exclusive property of and are published by Elevicto, whose legal information is as follows:
Company name : Elevicto
Legal form : Société à Responsabilité Limitée (Limited Liability Company)
Company number / BCE : 0629.678.072
Registered office address : Avenue Jean et Pierre Carsoel, 154, 1180 Bruxelles
Tel : +32 (0)2 315 77 29
E-mail address: [email protected]
VAT : BE 0629.678.072
Hereinafter referred to as “Elevicto”.
2. ACCEPTANCE OF THESE GENERAL CONDITIONS OF USE
The use of the Site published by Elevicto is subject to compliance with the terms and conditions described below. By accessing this Site, you declare that you have read and accepted, without any reservation, these General Terms and Conditions of Use. Elevicto reserves the right to modify these TOU at any time without prior notice.
3. UNAVAILABILITY AND MODIFICATION OF THE SITE
The Site is hosted by Kinsta Inc. (www.kinsta.com), on servers located in the European Union. Elevicto cannot guarantee that the Site will be uninterrupted or unaffected by other technical problems. Elevicto manages the content of the Site freely and independently. The content of and access to the Site (including, without limitation, its structure, presentation, sections, hyperlinks, etc.) may be adapted, modified, supplemented or deleted at any time and the Site or certain features may also become temporarily or permanently unavailable, without this being announced or communicated in any way. Elevicto further reserves the right to suspend or cancel access to the Site or any part thereof to users.
4. LIMITATION OF LIABILITY
Despite all the care taken in the construction of the Site, Elevicto disclaims any warranty or liability for any direct or indirect damage caused by, among other things, any interruption, defect or error in the functionality offered by the Site or in the information provided, any delay in operations or transmissions or generally any interruption in the operation of the Site, any computer virus or other similar technical problems, any network fault, or for any other reason whatsoever, during the use of the Site or its content. The User agrees not to commit or omit any act or omission that would directly or indirectly interfere with the use of the Site, copy, alter, modify, interfere with the Site, its use or its content, or use the Site for any purpose that is unlawful, prohibited by the terms of the TOU or which infringes the rights of Elevicto, or encourage such acts. The User shall refrain from any act that may jeopardize the security of the Site or its integrity. The User uses the Site and any linked sites under its own and sole responsibility.
5. INTELLECTUAL RIGHTS
The texts, layouts, illustrations, images, photographs, sounds, videos, graphic charts, computer code, computer applications and any other material and elements constituting the Site or accessible on the Site (hereinafter the “Protected Content”) are protected by copyright (and in particular the provisions contained in the Belgian Code of Economic Law as well as by all international texts in force) and remain the exclusive property of Elevicto or the relevant assignees.
With the sole exception of the technique known as web scraping carried out by search engine robots for referencing the Site on their search platforms, any downloading, extraction of content (including web scraping), reproduction, adaptation, modification, translation, use, distribution, communication to the public, commercialisation or making available of all or part of the Protected Content is prohibited for any purpose and in any manner whatsoever, whether permanently or temporarily, whether for commercial or non-profit purposes. The Site and its content may not be used for any other purpose than those expressly authorised or required by navigation on the Site. Any unauthorised use of the content of the Site may constitute, in particular, an offence of counterfeiting and give rise to civil or criminal legal proceedings and the payment of damages.
6. CREATION OF HYPERLINKS TO THE SITE
We authorise the creation without prior request of links to the home page of the site or to any other content of the site. On the other hand, it is strictly forbidden to place a hypertext link to the Site using the technique known as framing or deep linking.
7. PRIVATE LIFE
Elevicto attaches great importance to the protection of your privacy and your personal data. We collect and process your personal data in accordance with the applicable European and Belgian legal provisions, namely Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data repealing Directive 95/46/EC (“GDPR”) and the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data. These regulations can be consulted in full on the website of the Data Protection Authority at the following address: https://www.dataprotectionauthority.be/ .
We would like to inform you about the possible processing of your personal data and your rights in this respect. By using the Site or when you use our Services, you expressly consent to the collection and processing of your personal data by Elevicto in the manner described in these TOU.
The Site is protected by a security system using an SSL certificate and uses the HTTPS protocol on all its pages. However, the User is aware that the Internet is not a completely secure means of information, and therefore, a total guarantee of privacy and respect for the Personal Data transmitted by the User cannot be guaranteed by Elevicto.
7.1 Who processes your personal data?
Elevicto is responsible for the processing of such personal data and its contact details are set out at the top of these TOU. The personal data is only used by Elevicto. It is not used for any other purpose than that described in these TOU and is not disclosed or sold to third parties.
7.2 What personal data is collected?
The processing of your personal data, which you voluntarily provide us with, is limited to what is strictly necessary to achieve the purposes pursued by Elevicto. The categories of data concerned by the processing are listed below.
Messages sent from our contact form
Location data (addresses)*
Appointment dates and times*
Reserved types and services *
*Information related to the reservation and purchase of our services is not stored and managed by Elevicto. It is done through a module (widget) or a website belonging to a third party. See §8 “Services provided by third parties”.
7.3 What are the aims pursued?
The making of appointments at Depila, as well as the follow-up of the User’s requests within the framework of his or her application.
Occasional sending of information to Users: exceptional closures, various information related to permanent laser hair removal, promotions, …
7.4 What are my rights?
Your personal data is always processed in accordance with the legitimate purposes explained in point 7.3. They are collected and processed in an adequate, relevant and non-excessive manner, and are not kept longer than necessary to achieve the purposes.
If you are able to prove your identity, you have the right to obtain information about the processing of your data. Thus you have the right to know the purposes of the processing, the categories of data concerned, the categories of recipients to whom the data are transmitted, the criteria used to determine the length of time the data are kept, and the rights you can exercise over your data.
Inaccurate or incomplete personal data can be corrected. It is primarily the responsibility of the User to make the necessary changes to his or her “user account” himself or herself, but you can also request this in writing.
You also have the right to obtain the deletion of your personal data in the following cases:
Your personal data are no longer necessary for the purposes for which they were collected;
You withdraw your consent to the processing and there is no other legal basis for the processing;
You have validly exercised your right of opposition;
Your data has been processed illegally;
Your data must be deleted to comply with a legal obligation.
Elevicto decides on its own initiative whether the above criteria are present. Furthermore, the appointment data is only kept for 3 years.
In certain cases, you have the right to request the limitation of the processing of your personal data, in particular in case of a dispute as to the accuracy of the data, if your data has been processed unlawfully, if the data is necessary in the context of legal proceedings or the time necessary for Elevicto to verify that you can validly exercise your right to erasure.
You also have the right to object at any time to the processing of your personal data. Elevicto will stop the processing of your personal data, unless it can demonstrate that there are compelling legitimate reasons in favour of the processing that override your right to object.
You have the right to obtain all the personal data you have provided us with in a structured, commonly used, machine-readable format. At your request, this data may be transferred to another service provider, unless this is technically impossible.
You can withdraw your consent to the processing of your personal data at any time (Art. 6.1.a. GDPR). Withdrawal of your consent does not affect the validity of processing operations prior to withdrawal.
Notwithstanding the foregoing, Elevicto may disclose any information about the User (including the User’s identity) as necessary in the event of a complaint or investigation regarding any use of the Site that does not comply with the TOU, or with applicable law, based on any submission forms, data and information that a User may have communicated through the Site, or to identify, contact or bring legal action against a person causing harm to or interfering with the Site or Elevicto’s rights or the rights of other users of the Site. Elevicto therefore reserves the right to disclose at any time any information that is deemed necessary under applicable law, court order or governmental request.
If the User believes that Elevicto does not respect its right to the protection of personal data, the User may lodge a complaint with the Data Protection Authority: https://www.dataprotectionauthority.be/ .
8. SERVICES PROVIDED BY THIRD PARTIES
The Site allows, by means of cookies for statistical and analytical purposes, the collection of anonymous data by Google Analytics and/or similar tools for the purpose of analysing traffic and the origin of navigation. These cookies provide Elevicto with statistical information, allow us to improve the user experience and to better target certain marketing actions. Users have the possibility to refuse the application of these cookies by configuring their browser or to remove the cookie installed on their computer. Refusal or removal will not affect the browsing of the Site.
10. JURISDICTION AND APPLICABLE LAW
The provisions of these TOU, the use of the Site and the entire relationship between Elevicto and the User shall apply and, where applicable, shall be construed so as to be valid and enforceable under applicable law.
Should one or more provisions be judged wholly or partially invalid, illegal or unenforceable, only the minimum will be considered null and void and will be replaced by valid provisions whose effects correspond as closely as possible to the objective of the TOU. Furthermore, in this case, the concerned provision or its valid part will not be affected and will remain in full force and effect.
In the event of a dispute, only the French-speaking courts and tribunals of the district where Elevicto’s head office is located are competent.