Legal

 

 

LEGAL - RGPD – BooKamper .COM / .EU / .BE

 

ARTICLE 20: Data protection and conditions of use of the BooKamper.com /.eu /.be website

SECTION 20.1. LEGAL INFORMATION

Under Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, this article specifies the identity of the various stakeholders in the context of its implementation and monitoring. .

The BooKamper website is edited by:

BOOKAMPER.COM SASU, whose head office is located at the following address: 229 rue Solférino – 59000 LILLE – France, and registered with RCS DE LILLE FR953662707

Phone: +3280082206 Email Address: support@bookamper.com.

The publication director of the site is: Mr. Picot Sébastien.

The BooKamper site is hosted by:

Namecheap Inc., whose head office is located at the following address:

4600 East Washington Street, Suite 305, Phoenix, AZ 85034, USA

SECTION 20.2. PRESENTATION OF THE SITE AND THE APPLICATION

The purpose of the BooKamper site and application is:

To allow consumers to easily rent leisure vehicles and campsites, as well as owners of these vehicles and campsites to fill in their reservation books.

SECTION 20.3. CONTACT

For any question or request for information concerning the site, or any report of illegal content or activities, the user can contact the publisher at the following e-mail address: support@bookamper.com or send a registered letter with acknowledgment of receipt to: BOOKAMPER.COM SASU, whose head office is located at the following address: 229 rue Solférino – 59000 LILLE – France, and registered with  RCS DE LILLE FR953662707

 

 

SECTION 20.4. ACCEPTANCE OF TERMS OF USE

Access to and use of the site are subject to acceptance and compliance with these General Terms and Conditions of Use and Rental.

The publisher reserves the right to modify, at any time and without notice, the site and services as well as these T&Cs, in particular to adapt to changes in the site, by providing new functionalities or deleting or modifying existing features.

It is therefore advisable for the user to refer before any navigation to the latest version of the T&Cs, accessible at any time on the site. In case of disagreement with the T&Cs, no use of the site can be made by the user.

SECTION 20.5. ACCESS AND NAVIGATION

The publisher implements the technical solutions at its disposal to allow access to the site and the application 24 hours a day, 7 days a week. It may nevertheless at any time suspend, limit or interrupt access to the site. and the application or certain pages of it in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.

The user has two versions of access to the site and the application.

The first version called "Consumer" gives him free access to the partners of the BooKamper community, and to the reservation of vehicles and camping pitches at the price agreed by each of the service providers.

The second version called "Seller" gives access to the BooKamper club as a service provider and allows its user not only to have access to the partners of the BooKamper consumer community, but also to offer for rental its goods and services related to BooKamper's activity, according to the standard or premium formula chosen by the Seller.

Access to the Premium version is subject to the seller's written acceptance and is tacitly renewable, unless the consumer advises otherwise.

At any time, the BooKamper company reserves the right to modify or adapt, or even to offer promotions on affiliations to the Premium version of the site. In this case, it informs by electronic means, all of its members concerned by this adaptation.

The customer then benefits from a period of 14 days to renounce this contractual adaptation of the general conditions of use of the “Premium” version.

Connecting to and browsing the BooKamper site and application implies unreserved acceptance of these General Terms and Conditions of Use, regardless of the technical means of access and the terminals used.

These T&Cs apply, as far as necessary, to any variation or extension of the site and the application on existing or future social and/or community networks.

SECTION 20.6. SITE MANAGEMENT

For the proper management of the site and the application, the publisher may at any time:

• Suspend, interrupt or limit access to all or part of the site and the application, reserve access to the site and the application, or to certain parts of the site or the application, to a specific category of Internet users (Consumer/premium/vendor);

  

• Delete any information that could disrupt its operation or contravene national or international laws, or the rules of Netiquette;

  

• Suspend the site and/or the application in order to carry out updates.

SECTION 20.7. SERVICES RESERVED FOR REGISTERED USERS

1. REGISTRATION

Access to certain services, and in particular to all paid services, is subject to the user's registration.

Registration and access to the site's services are reserved exclusively for capable natural persons (over 18), who have completed and validated the registration form available online on the BooKamper site or on the application, as well as these Terms of Service.

When registering, the user undertakes to provide accurate, sincere and up-to-date information on his person and his marital status. The user must also regularly check the data concerning him in order to maintain its accuracy.

The user must therefore imperatively provide a valid e-mail address, on which the site / application will send him a confirmation of his registration for his services. An e-mail address cannot be used more than once to register for the services.

Any communication made by Bookamper and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary.

Only one registration for the services of the site is allowed per natural person.

The user is assigned an identifier allowing him to access a space whose access is reserved for him (hereinafter "Personal Space"), in addition to entering his password (or any other modern means of identification – fingerprint, retinal recognition, itsme, etc.).

The identifier is final, however the password can be modified online by the user in his personal space. The password is personal and confidential, the user thus undertakes not to communicate it to third parties.

In any event, Bookamper reserves the right to refuse a request to register for the services in the event of non-compliance by the user with the provisions of these General Terms and Conditions of Use.

2. UNSUBSCRIBE

Regularly registered users may request unsubscription at any time by going to the dedicated page in their Personal Space. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.

The user benefits, in the event of registration as a “Premium” member, from a right of withdrawal equivalent to 14 working days. Beyond this period, no reimbursement of the annual subscription will be accepted, apart from the anniversary date of the contract, when the customer may freely terminate his affiliation to the "Premium" offer.

3. DELETION OF PERSONAL SPACE AT THE INITIATIVE OF THE SITE EDITOR

It is brought to the user's attention that the publisher reserves the right to delete the personal space of any User who contravenes these conditions of use and sale, and more particularly in the following cases:

• If the user makes illegal use of the site;

  

• If the user, when creating his personal space, voluntarily transmits erroneous information to the site;

  

• If the user has not been active on his personal space for at least a year.

In the event that the publisher decides to delete the user's personal space for one of these reasons, this cannot constitute damage for the user whose account has been deleted.

This deletion does not constitute a waiver of legal proceedings that the publisher could undertake against the user who has contravened these rules.

 

SECTION 20.8. RESPONSIBILITIES

The editor is only responsible for the content that he has edited himself.

The publisher is not responsible:

• In the event of technical, IT or compatibility problems or failures of the site/application with any hardware or software;

  

• Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services (application, QR code, etc.);

  

• Intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating on it;

  

• Illegal content or activities using its site or its application, without its having duly taken cognizance of it within the meaning of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy and Law No. 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data.

Furthermore, the site cannot guarantee the accuracy, completeness and timeliness of the information disseminated there.

The user is responsible:

• The protection of its equipment and data;

  

• The use he makes of the site or its services (application, QR code, etc.);

  

• If he does not respect either the letter or the spirit of these T&Cs.

SECTION 20.9. HYPERTEXT LINKS

The site may contain hypertext links pointing to other websites over which BooKamper has no control. Despite the prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that can be found on these sites.

The publisher authorizes the setting up of hypertext links to any page or document on its site provided that the setting up of these links is not carried out for commercial or advertising purposes.

In addition, the prior information of the site editor is necessary before any hypertext link is set up.

Excluded from this authorization are sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or which may affect the sensitivity of the greatest number.

Finally, BooKamper reserves the right to have a hypertext link pointing to its site deleted at any time, if the site deems it not to comply with its editorial policy.

SECTION 20.10. PRIVACY - GDPR

1. DATA COLLECTED AND PROCESSED, AND DATA COLLECTION METHOD

In accordance with the provisions of Article 5 of European Regulation 2016/679, the collection and processing of site user data complies with the following principles:

• Lawfulness, loyalty and transparency: data can only be collected and processed with the consent of the user who owns the data. Each time personal data is collected, the user will be informed that his data is collected, and for what reasons his data is collected;

  

• Limited purposes: the collection and processing of data is carried out to meet one or more objectives determined in these general conditions of use;

  

• Minimization of the collection and processing of data: only the data necessary for the proper execution of the objectives pursued by the site are collected;
• Retention of reduced data over time: the data is kept for a limited period, of which the user is informed. If the retention period cannot be communicated to the user;

  

• Integrity and confidentiality of the data collected and processed: the data controller undertakes to guarantee the integrity and confidentiality of the data collected.

In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal data can only take place if they comply with at least one of the conditions below. after listed:

• The user has expressly consented to the processing;

  

• The processing is necessary for the proper performance of a contract;

  

• The processing meets a legal obligation;

  

• The processing is explained by a necessity linked to the safeguard of the vital interests of the person concerned or of another natural person;

  

• The processing can be explained by a necessity linked to the performance of a task in the public interest or which comes under the exercise of public authority;

  

• The processing and collection of personal data is necessary for the purposes of the legitimate and private interests pursued by the controller or by a third party.

The personal data collected on the BooKamper site are as follows:

- Surname
- First name(s)

- Date of birth
- Email address - Postal address - Location

-Driver's license

- Identity document
- Bank details

This data is collected when the user performs one of the following operations on the site:

- When the user purchases a product using the "BooKamper" application;
- When the user wishes to contact another user of the network;- When the user wishes to contact a trade member of the network;- When the user wishes to recover the rewards collected;- When the user wishes to modify his data;- When the user wants to create or delete his account.

Furthermore, when purchasing a product on the site (“Premium” subscription), the user is informed that the seller will keep in its computer systems proof of the transaction including the order form. and the invoice.

The data controller will keep in his computer systems of the site and under reasonable security conditions all the data collected for a period of: 10 years, unless the user requests their deletion before the expiry of this duration.

When the personal data is recorded, the user is informed of the duration for which his data will be kept, and when this duration cannot be specified, the site editor informs him of the criteria used to determine it.

The collection and processing of data meets the following purposes:

- Better target offers according to the user's profile;
- Limit access to certain products according to the legal age criteria imposed by the states where the "BooKamper" application and site are operational.

2. DATA HOSTING

As mentioned above, the BooKamper site is hosted by: Namecheap Inc., whose head office is located at the following address:

4600 East Washington Street, Suite 305, Phoenix, AZ 85034, USA

The data collected and processed by the site is transferred to the following country(ies): USA. This transfer of personal data outside the European Union is justified for the following reasons:

Head office address of the hosting company.

3. DATA PROCESSOR

The person responsible for processing personal data is: BooKamper. He can be contacted as follows:

By post or email:

 

BOOKAMPER.COM SASU

229 rue Solferino

59000 LILLE

France

admin@bookamper.com

4. THE DATA PROTECTION OFFICER

The following person has been appointed Data Protection Officer: Picot Sébastien, Administrative and Financial Director.

The Data Protection Officer can be contacted as follows:

By mail :

 

BOOKAMPER.COM SASU

229 rue Solferino

59000 LILLE

France

Or by email: support@bookamper.com

 

 

5. USER RIGHTS AND PROCEDURES FOR ENFORCING USER RIGHTS

In accordance with the regulations concerning the processing of personal data, the user has the rights listed below.

In order for the data controller to comply with his request, the user is required to communicate to him: his first and last name as well as his e-mail address, and if relevant, his account or personal space number or subscriber.

The data controller is required to respond to the user within a maximum of 30 (thirty) days.

To. Right of access, rectification and right to be forgotten

The user can read, update, modify or request the deletion of the data concerning him, by respecting the procedure set out below:

The user must send a postal letter or an email specifying the problem encountered with data protection on the "BooKamper" website or application.

If he has one, the user has the right to request the deletion of his personal space by following the following procedure:

The user will send an email to the person responsible for processing personal data with a view to obtaining its deletion within 8 working days.

b. Right to data portability

The user has the right to request the portability of his personal data, held by the site, to another site, by complying with the following procedure:

The user will send the request for the portability of his data to the data processing manager, by post or electronically as mentioned above.

vs. Right to restriction and opposition of data processing

Finally, the user has the right to request the limitation or to oppose the processing of his data by the site, without the site being able to refuse, except to demonstrate the existence of legitimate and compelling reasons, which may prevail over the interests and the rights and freedoms of the user.

d. Right to determine fate of data after death

The user is reminded that he can organize what should be the future of his data collected and processed if he dies, in accordance with law n ° 2016-1321 of October 7, 2016.

 

e. Right to appeal to the competent supervisory authority

In the event that the data controller decides not to respond to the user's request, and the user wishes to contest this decision, he is entitled to appeal to any competent judge.

7. OBLIGATIONS OF THE DATA PROCESSOR

The data controller undertakes to protect the personal data collected, not to transmit them to third parties without the user having been informed and to respect the purposes for which these data were collected.

The site has an SSL certificate to ensure that information and data transfer passing through the site are secure.

In addition, the data controller undertakes to notify the user in the event of rectification or deletion of the data, unless this entails disproportionate formalities, costs and procedures for him.

In the event that the integrity, confidentiality or security of the user's personal data is compromised, the controller undertakes to inform the user by any means.

SECTION 20.11. COOKIES

1. USER'S CONSENT TO THE USE OF "COOKIE" FILES BY THE SITE

The site may use "cookie" techniques allowing it to process statistics and information on traffic, to facilitate navigation and to improve the service for the comfort of the user. For the use of "cookie" files involving the saving and analysis of personal data, the consent of the user is necessarily requested.

This user consent is considered valid for a maximum of 13 (thirteen) months. At the end of this period, the site will again request the user's authorization to save "cookie" files on their hard drive.

2. USER'S OPPOSITION TO THE USE OF "COOKIE" FILES BY THE SITE

It is brought to the attention of the user that he can oppose the registration of these "cookies" by configuring his navigation software.

In the event that the user decides to deactivate the "cookie" files, he may continue browsing the site. However, any malfunction of the site caused by this manipulation could not be considered as being due to the publisher of the site.

ARTICLE 12. INTELLECTUAL PROPERTY

The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under intellectual property.

Any representation, reproduction, adaptation or partial or total exploitation of the content, registered trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be liable to constitute an infringement within the meaning of articles L. 335-2 and following of the Intellectual Property Code. And this, with the exception of elements expressly designated as free of rights on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to an element of the site, which remain the exclusive property of the publisher.

The user is prohibited from entering data on the site that would modify or would be likely to modify its content or appearance.

SECTION 20.13. APPLICABLE LAW AND JURISDICTION

These General Conditions of Use are governed by European law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the France courts, linked to the registered office of the company BooKamper, in accordance with the rules of jurisdiction in force.

 

ARTICLE 21: Disputes

In case of disputes, only the courts of Lille, France, will be competent, we have a dedicated service for disputes abuse@bookamper.com .