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Terms & Privacy Policy

TERMS OF USE – www.braymueller.com

By continuing to browse this site, the visitor hereby accepts to abide all the following terms of use.
The present online version of the terms of use is the only version valid for the duration of use until it is replaced by a later version.

Article 1 – General Terms

1.1 This website called www.braymueller.com will hereafter be referred to as «the Site».
1.2 The person in charge of the Site (hereafter referred to as «the Site Manager» is Janine Bray-Mueller, author, domiciled 13 Le Haut Quérant, PLEUGRIFFET 56120.
Email address: jbm@braymueller.com
Content writer: Janine BRAY-MUELLER
1.3 Web design: Author Cats, NBD, LLC, support AT authorcats DOT com,
4909 Laclede Avenue, Suite 1603, St. Louis, MO 63108, United States of America
1.4 Webhost (hereafter referred to as « the Webhost »): BlueHost Inc., 10 Corporate Drive
Suite #300, Burlington, MA 01803, United States of America

Article 2 – Access to the Site

By providing us with your data, you warrant to us that you are over 13 years of age.
Access to and use of the site is strictly reserved for personal use. You are legally bound to refrain from using this site, and any of the information or data contained on it, for commercial, political, publicity or professional purposes. Any form of commercial advertising, in particular sending spam mail, is strictly prohibited.

Article 3 – Site content

All trademarks, photographs, texts, commentaries, illustrations, animated or still pictures, video and audio sequences, podcasts, sounds, together with all computer applications required to operate the Site and more generally all the material reproduced or used on the Site are fully protected by current copyright laws.
These contents all remain the property of the Site Manager or its partners. Users may not copy, represent, use or adapt in any way whatsoever any of the material, including computer applications, without the prior, full, written consent of the Site Manager. Failure on behalf of the Site Manager to begin legal proceeding against on offender immediately after gaining knowledge of such breaches of the agreement does not imply that permission has been granted or that legal proceeding will not be taken out.

Article 4 – Managing the Site

In order to ensure the Site works properly, the Site Manager may, at any moment:

  •  suspend, interrupt or limit access to all or part of the Site or reserve access to all or certain parts of the Site, to certain undetermined groups of internet users
  •  remove information which may hinder the running of the site or contravene any national or international laws
  •  interrupt the Site for maintenance reasons
Article 5 – Waivers

The Site Manager cannot be held legally responsible in case of failures, breakdowns, difficulties or interruptions which prevent users from accessing the site and/or its services.
Users are entirely and solely responsible for the IT equipment they use to access the Site.
You must take all possible measures to ensure your equipment and data are protected from internet viruses. You are entirely responsible for the sites and data that you access.

The Site Manager cannot be held legally responsible if legal proceedings are taken out against you:

  • due to your using the Site or for any service accessed via the Internet
  • as a result of your not complying to the terms of use

The Site Manager cannot be held legally responsible for any damage you or your equipment may incur, or that may be caused to a third party, due to your connexion to or use of the Site and you hereby renounce to any right to bring legal proceedings against the Site.

Should the Site have legal proceedings taken out against it due to your use of the site, the Site Manager will be entitled to bring legal proceedings against you in order to obtain compensation for any damages, costs, rulings and legal fees incurred.

Article 6 – Hypertext links

It is forbidden to set up hypertext links to all or any part of the Site without prior, written permission from the Site Manager which must be requested at the following e-mail address: jbm@braymueller.com

The Site Manager is entitled to refuse this permission without having to justify the decision in any way whatsoever. Should the Site Manager grant permission, it will only be for temporary purposes which may be ended at any moment without the Site Manager having to justify the decision.

In all cases, all links must be removed as soon as the Site Manager makes that request.
Any data and content accessed via a link to other sites are not under the responsibility of the Site Manager.

Article 7 – Governing Law

The Terms of Use applied to this Site are governed by French law.

Article 8 – Contact

Should you have questions or need information about the Site, you may send a message to: jbm@braymueller.com

 

PRIVACY POLICY

Please read this policy before using the Site.

You acknowledge that this Privacy Policy is part of this website’s Term of Use, and by accessing or using the Site, you agree to be bound by all of its terms and conditions. If you do not agree to the Terms of Use, please do not use or access the Site. If you have questions or concerns about this website’s privacy policy or practices, please contact the Site Manager at jbm@braymueller.com.

1. Types of Information Collected

The Site may collect certain personally identifiable information that you voluntarily provide to us when you purchase products, create an account, and/or contact us for customer service purposes. The types of information that may be collected include name, address, email address, telephone number, country of origin, and, as applicable, billing information. Other voluntarily provided information may include testimonials, product descriptions and/or reviews, and information provided when you participate in sweepstakes or contests, message boards and chat rooms, and/or other interactive areas of the Site.

You provide certain personally identifiable information to us when you register your email address for the Site’s mailing list or other Site services and/or when you send email messages, submit forms, or transmit other information. If you correspond with the Site Manager via email, we may retain the content of your email messages, your email address, and our responses. If you pose questions about the services, we may incorporate those questions onto an FAQ page.

2. How We Use the Information

We use the information you submit to operate, maintain, and provide the features and functionality of the Service or otherwise in connection with our business in relation to the Site.

2.1 Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions.
You may unsubscribe from emails at any time by contacting us using the information provided on the Site.
Any information you voluntarily submit for posting to the Site (for example, if you submit a testimonial or a question that would be appropriate for an FAQ) becomes available to the public. Even if you remove the content, copies may remain viewable in cached or archived pages if other users have copied or stored your content. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.

2.2 User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain backups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
At this time, we do not sell or disclose your personally identifiable information to third parties. However, this policy may change and information may be disclosed in the event of bankruptcy, merger, or acquisition. Further, we may be required by law enforcement or judicial authorities to provide personal information to the appropriate governmental authorities. We will disclose personal information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

2.3 Marketing Data that includes data about your preferences in receiving marketing from us and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.

2.4 Sensitive Data
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at jbm@braymueller.com In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
We do not carry out automated decision making or any type of automated profiling.

2.5 Marketing Communications
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt-out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your express consent.
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at jbm@braymueller.com at any time.
If you opt-out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.

2.6 Disclosures Of Your Personal Data
We may have to share your personal data with the parties set out below:
• Service providers who provide IT and system administration services.
• Government bodies that require us to report processing activities.
• Payment processors who manage online payments
• Online platforms for hosting educational products such as e-courses and e-books
• Email marketing services
• Website plugins that monitor and protect website security and prevent spam
• Google Analytics for website tracking purposes
• Embedded audio and video players
• Online scheduling services
• Website hosting services
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

2.7 International Transfers
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:
• We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
• Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
• If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

3. Security

We have put into place appropriate measures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect on the Site and will notify you and any applicable regulator of a breach if we are legally required to. Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. Although the Site Manager takes appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that information we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

3.1 Data Retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes, the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for three years after they stop being customers.
In some circumstances, we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

3.2 Your Legal Rights
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
You can see more about these rights at: https://www.cnil.fr/fr/comprendre-vos-droits
If you wish to exercise any of the rights set out above, please email us at jbm@braymueller.com
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Commission Nationale de l’Informatique et des Libertés (CNIL), the French supervisory authority for data protection issues (https://www.cnil.fr/). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

4. Cookies

Cookies are pieces of information that a website transfers to an individual’s hard drive that can be retrieved later to identify you. The use of cookies is standard on the internet. We may choose to use cookies in order to monitor website traffic and/or to recognize return visitors as a way to facilitate and customize your use of the Site. Except as described above, we do not use information transferred through cookies for any promotional or marketing purposes, nor do we sell the information to third parties.

Most internet browsers are set to automatically accept cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you reject or disable all cookies, please note that some parts of this website may become inaccessible or not function properly.

5. Collection of Information by Third Parties

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

At this time, the Site does not contain advertising which provides links to other sites and whose information practices may be different than ours.

However, this policy may change. In the course of advertisements being served to you, a unique third-party cookie or other advertising technology may be placed on your browser. This advertising technology uses information derived from your visits to the Site to target advertising within the Site. This information can be used for many purposes, for example, to ensure that you do not see the same advertisements repeatedly. For more information about online advertising, please visit  http://www.aboutads.info/consumers.

In addition, advertisers may use other third-party advertising technologies to target advertising on the Site and other websites. We have no control over information that is submitted to, or collected by, these third parties. Each third party has its own privacy policy, and customers should consult the third party privacy policy before providing any personal information. Please contact these third parties directly if you have any questions about their use of the information that they collect.

6. Children’s Privacy

The Site is in no way directed at or intended for children and/or any persons under the age of 18. As such, we do not knowingly collect personal information from children under 13 years of age without the prior, verifiable consent of a parent or legal representative. Website visitors may be asked to provide their date of birth or a parent’s email address as a verification mechanism. If we become aware that a child has posted any personal information on our website, we will remove the content.

7. Miscellaneous

This Privacy Policy and all claims or issues regarding the Site are governed by French law.

If any part of this Privacy Policy is deemed invalid or enforceable, the remainder of this Privacy Policy shall continue in effect. Any failure to insist upon strict enforcement of this policy shall not be construed as a waiver of any provision of right contained in this policy.

8. Your Acceptance of These Terms

By using the Site, you signify your assent to this Privacy Policy. If you do not agree to this policy, please do not use the Site. We reserve the right to change, modify, add, or remove portions of this policy at any time. If we change our privacy policy, we will post those changes on this page. Please check this page periodically for changes. Your continued use of this site following the posting of changes will signify your acceptance of those changes.

9. Contact Us

Please contact the Site Manager if you have any questions or concerns about our Privacy Policy.