Legal Notice
Definitions
Customer: any professional or capable natural person within the meaning of Articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site that is the subject of these Terms and Conditions.
Provisions and Services: https://foxandbeaveradvisory.lu/ provides Customers with:
Content: All elements constituting the information present on the Site, including text – images – videos.
Customer Information: Hereinafter referred to as “Information (s)” which correspond to all personal data that may be held by https://foxandbeaveradvisory.lu/ for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user logging in, using the aforementioned site.
Personal information: “Information that allows, in any form whatsoever, directly or not, the identification of the natural persons to whom they apply” (Article 4 of Law No. 78-17 of January 6, 1978).
The terms “personal data”, “data subject”, “sub-processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679)
1. Presentation of the website.
Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, users of the website https://foxandbeaveradvisory.lu/ are informed of the identity of the various parties involved in its realization and monitoring:
Owner: Fox and Beaver Advisory SARL-S Share capital of €3,000.00 VAT number: LU32548916 – 16 Avenue Pasteur, L-2310 Luxembourg – LUXEMBOURG
Publication manager: Clément DEBEVER – info@foxandbeaveradvisory.lu
The publication manager is a natural person or a legal entity.
Webmaster : Clément DEBEVER – info@foxandbeaveradvisory.lu
Hosting company : Fastcomet | Server IP location : 172.105.251.128 – Hessen – Frankfurt Am Main – Germany (Whois data).
Headquarters host: FastComet Inc – Suite 300 – #846 – 350 Townsend Street CA 94107 San Francisco – USA 44.800.0868062.
EU line: + 448000868062. Fastcomet’s GDPR Compliance Policy: https://www.fastcomet.com/blog/we-are-gdpr-ready
Data Protection Officer: Clément DEBEVER – info@foxandbeaveradvisory.lu
2. General conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and the applicable International Regulations.
The Customer may not in any way reuse, transfer or exploit for its own account all or part of the elements or works of the Site.
The use of the site https://foxandbeaveradvisory.lu/ implies the full and complete acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time, so users of the https://foxandbeaveradvisory.lu/ site are advised to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance may however be decided by https://foxandbeaveradvisory.lu/, which will then endeavor to inform users in advance of the dates and times of the intervention.
The website https://foxandbeaveradvisory.lu/ is regularly updated by https://foxandbeaveradvisory.lu/ responsible. In the same way, 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 in order to become aware of them.
3. Description of the services provided.
The https://foxandbeaveradvisory.lu/ website is intended to provide information concerning all of the company’s activities.
https://foxandbeaveradvisory.lu/ strives to provide information on the https://foxandbeaveradvisory.lu/ website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies and shortcomings in the updating, whether they are of its own making or of the making of third-party partners who provide it with this information.
All information indicated on the https://foxandbeaveradvisory.lu/ website is given as an indication, and is likely to evolve. Furthermore, the information on the https://foxandbeaveradvisory.lu/ site is not exhaustive. It is given subject to changes having been made since it was put online.
4. Contractual limitations on technical data.
The site uses JavaScript technology.
The website cannot be held responsible for material damages related to the use of the site. Moreover, the user of the site undertakes to access the site using recent equipment, free of viruses and with a browser of the latest generation updated
The objective is to provide a service that ensures the best rate of accessibility. 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 periods of time, particularly for maintenance purposes, to improve its infrastructure, in the event of a failure of its infrastructure or if the Benefits and Services generate traffic deemed abnormal.
https://foxandbeaveradvisory.lu/ and the Host shall not be liable in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment related in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://foxandbeaveradvisory.lu/ is the owner of the intellectual property rights and holds the rights of use on all the 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 elements of the site, whatever the means or process used, is prohibited, except with the prior written permission of : https://foxandbeaveradvisory.lu/.
Any unauthorized exploitation of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability.
https://foxandbeaveradvisory.lu/ acts as the publisher of the site. https://foxandbeaveradvisory.lu/ is responsible for the quality and truthfulness of the Content it publishes.
https://foxandbeaveradvisory.lu/ cannot be held responsible for direct and indirect damage caused to the user’s equipment, when accessing the https://foxandbeaveradvisory.lu/ website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
https://foxandbeaveradvisory.lu/ shall also not be liable for any indirect damages (such as loss of business or loss of opportunity) resulting from the use of the https://foxandbeaveradvisory.lu/ website.
Interactive spaces (possibility to ask questions in the contact area) are available to users. https://foxandbeaveradvisory.lu/ reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, https://foxandbeaveradvisory.lu/ also reserves the possibility of calling into question the civil and/or criminal liability of the user, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, regardless of the medium used (text, photography …).
7. Management of personal data.
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: No. 2016-679).
7.1 Persons responsible for the collection of Personal Data
For the Personal Data collected in the context of the creation of the User’s personal account and browsing on the Site, the person responsible for processing the Personal Data is: Fox and Beaver Advisory SARL-S. https://foxandbeaveradvisory.lu/ is represented by Clément DEBEVER, its legal representative.
As the person responsible for processing the data it collects, https://foxandbeaveradvisory.lu/ undertakes to comply with the framework of the legal provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, starting with the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing that complies with reality.
Whenever https://foxandbeaveradvisory.lu/ processes Personal Data, https://foxandbeaveradvisory.lu/ takes all reasonable steps to ensure the accuracy and relevance of the Personal Data to the purposes for which https://foxandbeaveradvisory.lu/ processes it.
7.2 Purpose of the data collected
https://foxandbeaveradvisory.lu/ is likely to process all or part of the data:
- to enable browsing on the Site and the management and traceability of services ordered by the user: connection and use data of the Site, billing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://foxandbeaveradvisory.lu/: email address
- to conduct communication campaigns (sms, email): phone number, email address
https://foxandbeaveradvisory.lu/ does not market your personal data, which is therefore only used out of necessity or for statistical and analysis purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Users of https://foxandbeaveradvisory.lu/ have the following rights:
- right of access (Article 15 RGPD) and rectification (Article 16 RGPD), update, completeness of Users’ data right of blocking or erasure of Users’ personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
- right to withdraw consent at any time (Article 13-2c GDPR)
- right to limit the processing of Users’ data (Article 18 GDPR)
- right to object to the processing of Users’ data (Article 21 RGPD)
- right to portability of data provided by Users, where such data are subject to automated processing based on their consent or on a contract (Article 20 RGPD)
- right to define the fate of Users’ data after their death and to choose to whom https://foxandbeaveradvisory.lu/ shall communicate (or not) their data to a third party they have previously designated
As soon as https://foxandbeaveradvisory.lu/ becomes aware of a User’s death and in the absence of instructions from the User, https://foxandbeaveradvisory.lu/ undertakes to destroy their data, unless its retention is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how https://foxandbeaveradvisory.lu/ uses their Personal Data, ask to rectify them or object to their processing, the User may contact https://foxandbeaveradvisory.lu/ in writing at the following address:
Fox and Beaver Advisory SARL-S – DPO, Clément DEBEVER
16 Avenue Pasteur, L-2310 Luxembourg – LUXEMBOURG.
In this case, the User must indicate the Personal Data that he/she would like https://foxandbeaveradvisory.lu/ to correct, update or delete, identifying himself/herself precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations that are imposed on https://foxandbeaveradvisory.lu/ by law, in particular with respect to the retention or archiving of documents. Finally, Users of https://foxandbeaveradvisory.lu/ may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://foxandbeaveradvisory.lu/ shall not process, host or transfer the Information collected on its Customers to a country outside the European Union or recognized as “non-adequate” by the European Commission without prior notification to the Customer. For all that, https://foxandbeaveradvisory.lu/ remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://foxandbeaveradvisory.lu/ undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Customer’s Information is brought to the attention of https://foxandbeaveradvisory.lu/, the latter shall as soon as possible inform the Customer and communicate the corrective measures taken. Furthermore https://foxandbeaveradvisory.lu/ does not collect any “sensitive data”.
The User’s Personal Data may be processed by https://foxandbeaveradvisory.lu/ subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to the data of https://foxandbeaveradvisory.lu/ Users are mainly the agents of our customer service.
8. Incident Notification
No matter how hard we try, no method of transmission over the Internet and no method of electronic storage is completely secure. As a result, we cannot guarantee absolute security.
If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all necessary information to help them meet their own regulatory reporting obligations.
No personal information of the user of the https://foxandbeaveradvisory.lu/ website is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the repurchase of https://foxandbeaveradvisory.lu/ and its rights would allow the transmission of the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the site https://foxandbeaveradvisory.lu/.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://foxandbeaveradvisory.lu/ uses networks protected by standard features such as firewalls, pseudonymization, encryption and password protection.
When processing Personal Data, https://foxandbeaveradvisory.lu/ takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links “cookies” and internet tags (“tags”)
.
The https://foxandbeaveradvisory.lu/ website contains a number of hyperlinks to other sites, set up with the permission of https://foxandbeaveradvisory.lu/. However, https://foxandbeaveradvisory.lu/ does not have the possibility of verifying the content of the sites thus visited, and consequently will not assume any responsibility in this regard.
Unless you decide to leave the site, you agree that the site may use cookies, whose nature is defined below. This is presented to you by the warning in the banner at the bottom of the site when you first visit. If you click on any part of the web page or scroll more than 100 pixels, we assume that you agree to our use of cookies.
9.1 “COOKIES”
A “cookie” is a small information file sent to the User’s browser and stored within the User’s terminal (e.g. computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, and the date and time of access. Cookies do not damage the User’s terminal in any way.
https://foxandbeaveradvisory.lu/ is likely to process the User’s information concerning his visit to the Site, such as the pages consulted, the searches performed. This information allows https://foxandbeaveradvisory.lu/ to improve the content of the Site, the User’s navigation.
Since Cookies facilitate navigation and/or the provision of services offered by the Site, the User may configure his browser to allow him to decide whether or not he wishes to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his or her browsing software so that acceptance or rejection of Cookies is offered to him or her from time to time, before a Cookie is likely to be recorded in his or her terminal. https://foxandbeaveradvisory.lu/ informs the User that, in this case, it is possible that not all of the functionalities of his or her browsing software may be available.
If the User refuses the storage of Cookies in his terminal or browser, or if the User deletes those stored there, the User is informed that his navigation and experience on the Site may be limited. This could also be the case when https://foxandbeaveradvisory.lu/ or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
Where applicable, https://foxandbeaveradvisory.lu/ declines all responsibility for the consequences related to the degraded functioning of the Site and of the services that may be offered by https://foxandbeaveradvisory.lu/, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://foxandbeaveradvisory.lu/ to save or consult the Cookies necessary for their functioning due to the User’s choice. For the management of Cookies and the User’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow the User to know how to modify his/her wishes regarding Cookies.
https://foxandbeaveradvisory.lu/ may use the services of external service providers to assist in collecting and processing 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://foxandbeaveradvisory.lu/ Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the https://foxandbeaveradvisory.lu/ Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, cell phone).
These types of cookies are only deposited on your terminals if you consent to them, by continuing your navigation on the Website or mobile application of https://foxandbeaveradvisory.lu/. At any time, however, the User may revoke his or her consent for https://foxandbeaveradvisory.lu/ to deposit such cookies.
Article 9.2. INTERNET TAGS
.
https://foxandbeaveradvisory.lu/ may occasionally employ Internet tags (also known as “tags,” or action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store related information, including User’s IP address) in a foreign country.
These beacons are placed both in online advertisements allowing users to access the Site, and on individual pages of the Site.
This technology allows https://foxandbeaveradvisory.lu/ to evaluate visitors’ responses to the Site and the effectiveness of its actions (e.g., the number of times a page is opened and the information viewed), as well as the User’s use of this Site.
The External Provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for https://foxandbeaveradvisory.lu/, and provide other services relating to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute in connection with the use of the https://foxandbeaveradvisory.lu/ website is subject to French law.
Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Luxembourg