Article 1 – Object
1.1. The General Terms of Use (hereinafter referred to as “GTUs”) govern any use of the website accessible at the https://maison-rapin.com URL (hereinafter the “Website”), specifying that any person accessing the Website (hereinafter the “User” or the “Users”) may consult all the contents published there.
1.2. The Website is a showcase website intended to present to Users MAISON RAPIN, the art gallery’s activity, artists and artworks, as well as its news.
1.3. It also offers Users the possibility to subscribe to the MAISON RAPIN newsletter and to create a personal space giving them free access to other functionalities, as defined in articles 6 and 7 herein, respectively.
1.4. MAISON RAPIN also invites Users to consult its legal notices and its privacy policy regarding the protection of Users’ personal data, particularly concerning data collected by MAISON RAPIN in the context of the functionalities referred to in articles 6 and 7 herein.
Article 2 – Scope
2.1. To use the Website, the User must agree to be bound by these GTUs without restriction or reservation. This acceptance is materialized by checking and validating the validation message (i.e., “by checking this box, I declare that I have read and accept the general terms of use and the privacy policy of the website”) when arriving on the Website. In case of refusal to accept these Terms, MAISON RAPIN reserves the right to prohibit the concerned User’s access to the Website.
2.2. The GTUs may evolve, with MAISON RAPIN reserving the right to modify and update them at any time. The applicable GTUs are those accessible on the Website in the “Terms of Use” section any time a User connects to and browses the Website. Each new version of the GTUs comes into effect from the date of posting on the Website, where it can always be consulted by the User. The User must therefore regularly check the Website to stay informed of any changes or updates to the GTUs, as well as, more broadly, the legal documentation related to access to and browsing on the Website.
Article 3 – Access to the Website, its contents, and its functionalities
3.1. The Website is accessible, in French and in English, at the URL address <www.maison-rapin.com> 24 hours a day, 7 days a week, except in cases of force majeure, computer failure, maintenance and/or updates, or problems related to telecommunication networks.
3.2. Access to the Website itself is free. The User can thus freely become aware of the GTUs. Access to all the present contents and functionalities of the Website is also free.
Article 4 – Intellectual Property
4.1. MAISON RAPIN is the sole holder of the Website’s domain name.
4.2. All elements of the MAISON RAPIN Website, including its structure, contents, data, information, and documents presented therein, which may or may not be extracted (including downloading), such as illustrations, photographs, images, descriptions of works, sounds and videos, articles, newsletters, presentations, brochures, computer programs (hereinafter referred to as the “Contents”), are protected by intellectual property rights, of which MAISON RAPIN is, unless otherwise stated, the sole holder. Any use of the Contents requires the prior written consent of MAISON RAPIN.
4.3. Certain Contents, such as news briefs and articles published on the Website or in newsletters, may also constitute a database protected by intellectual property rights, of which MAISON RAPIN is, unless otherwise stated, the sole holder. Any use, including any extraction or downloading, requires the prior written consent of MAISON RAPIN.
4.4. The trademarks and logos present on the Website (hereinafter collectively referred to as the “Trademarks”) are registered or unregistered trademarks exclusively owned by MAISON RAPIN. No element of the Website shall be considered as an encouragement or implicit authorization to use the Trademarks published on the Website. Any use of the Trademarks requires the prior written consent of MAISON RAPIN.
4.5. MAISON RAPIN retains full and complete intellectual property rights over the Website’s Contents, the therein affixed Trademarks as well as all related prerogatives.
4.6. The GTUs do not grant the User any ownership rights over any of the content disseminated on the Site.
4.7. The use of all or part of the Website, including downloading, extraction, reproduction, transmission, representation, or dissemination for purposes other than personal and private use for non-commercial purposes of the Internet user, is strictly prohibited.
4.8. The violation of MAISON RAPIN’s rights exposes the infringer to sanctions provided both by the Code de la propriété intellectuelle (French Intellectual Property Code), notably for infringement of copyright (Articles L. 335-1 et seq.) and trademark law (Articles L. 716-1 et seq.), and by the Code civil (French Civil Code) regarding civil liability (Article 9, Articles 1382 et seq.).
Article 5 – Hypertext Links
5.1 Hypertext links to all or part of the Website
5.1.1. The creation of any hypertext link directing to any of the web pages or elements composing the Website is prohibited without the prior written agreement of MAISON RAPIN, agreement that may be revoked at any time.
5.1.2. All sites having a hypertext link directing to the Website or any of its elements are not under the control of MAISON RAPIN, which therefore declines any responsibility regarding them, whether it concerns their access, content, or their policy regarding confidentiality and personal data protection.
5.2 Hypertext links from the Website
5.2.1. The Website may include hypertext links to other websites edited and/or managed by third parties to MAISON RAPIN. MAISON RAPIN has no control over these websites, whether it concerns their access, content, or their policy regarding confidentiality and personal data protection.
5.2.2. MAISON RAPIN cannot be held responsible for these hypertext links under any circumstance.
Article 6 – User’s Personal Space “Account”
6.1. MAISON RAPIN offers a free service for creating a personal space that provides additional functionalities to Users (hereinafter the “Account”).
6.2. This service is accessible to any User browsing the Website, provided that they make the request by filling out the form available in the “Login” section. Through this form, MAISON RAPIN will collect the User’s surname, first name and email address, without which it will not be possible for the User to create their Account. Other information may be communicated by the User, at their discretion, namely: the company name, profession, city and country of residence, and phone number.
6.3. The Account is maintained by MAISON RAPIN as long as the User wishes to keep it and does not close it. A User can request the closure of their Account at any time by clicking on the closure link in their Account space or by writing to MAISON RAPIN at the contact@maison-rapin.com email address.
6.4. The Account gives free access to additional functionalities, namely (i) organizing a private visit (‘Organize a private visit’), (ii) sharing a project to receive personalized suggestions (‘Share your project’), (iii) a discussion space via WhatsApp (‘Chat with us’), and (iv) saving preferences regarding the items (‘My lists’).
Article 7 – Newsletter
7.1. MAISON RAPIN offers a free email information service presenting its activity and latest news (hereinafter the “Newsletter”).
7.2. This functionality is accessible for free to any User browsing the Website, provided they consent to subscribe to the Newsletter by filling out the “Subscribe to our newsletter” form available in the “Contact” section. MAISON RAPIN will then collect the User’s surname, first name, and email address, without which it will not be possible for the User to subscribe to the Newsletter.
7.3. Subscription to the Newsletter is maintained by MAISON RAPIN on the Website for as long as the User does not unsubscribe. A User can unsubscribe at any time from the Newsletter by clicking on the “Unsubscribe” link in the Newsletter email or by writing to MAISON RAPIN at the contact@maison-rapin.com email address.
Article 8 – Warranty and Liability
8.1 Warranty and liability of MAISON RAPIN
8.1.1. The Contents disseminated by MAISON RAPIN on the Website are intended for general information. MAISON RAPIN endeavors to ensure, to the best of its abilities, the accuracy and being up-to-date of these Contents disseminated on the Website (including the attribution and description of the artworks presented therein, whether on any of the Website’s pages or on the downloadable artwork sheets in PDF format), of which it reserves the right to correct the content at any time and without notice.
8.1.2. However, MAISON RAPIN cannot guarantee the accuracy, precision, and completeness of said Contents made available on the Website, which Contents do not constitute a guarantee or commitment on the part of MAISON RAPIN towards the User.
8.1.3. MAISON RAPIN implements means aimed at ensuring the security of the files constituted from the personal data collected on the Website. However, MAISON RAPIN is reminding the Users that it does not control the risks associated with the operation of the Internet and draws the Users’ attention to the possible risks with regards to data confidentiality transiting through this network.
8.1.4. MAISON RAPIN excludes, to the fullest extent permitted by applicable law, all conditions, warranties, and declarations made or granted, expressly or implicitly, in relation to the Website, including the Contents. In particular, MAISON RAPIN does not guarantee that the Website will be accessible or available continuously, nor that it will be free from viruses.
8.1.5. Each User is solely responsible for the use they make of the Website and/or the Contents provided on the Website, and MAISON RAPIN cannot in any case be held liable for any direct or indirect damages arising from the use of the Website and/or these Contents by the User.
8.1.6. Thus, except as required by applicable law, MAISON RAPIN cannot be held liable in the following cases – non-exhaustive list: (i) in case of inaccuracy, imprecision, or omission concerning the Contents available on the Website; (ii) in case of failure, breakdown, difficulty or interruption of operation, restricting or preventing access to the Website; (iii) in case of impossibility to access User accounts, notably due to technical problems, regardless of their origin; (iv) in case of damages resulting from fraudulent intrusion by a third party resulting in a modification of the Contents disseminated on the Website; (v) in case of illegal use and/or exploitation of the Website; (vi) in case of downloading or extraction of all or part of the Contents available on the Website; (vii) in case of damage caused to devices, information technologies, computer programs, platforms, or any other element belonging to the User in the context of the use of the Website.
8.2 Warranty and liability of the User
8.2.1. Each User declares, acknowledges, and guarantees that they will only use the services and/or the Website in strict compliance with the regulations applicable to their activities and public order, and that they will not incorporate into the Website any elements contravening the laws and regulations in force.
8.2.2. MAISON RAPIN will take all legal actions against any User, more generally against any person, who has not complied with the provisions of articles 323-1 to 323-8 of the Code penal (French Penal Code), relating to attacks on automated data processing systems.
8.2.3. Consequently, each User undertakes to indemnify MAISON RAPIN against any legal or administrative action, claim, demand, or opposition from any administration or any natural or legal person invoking a breach of legal and/or regulatory provisions, damage, infringement, right, and/or violation of such right directly or indirectly attributable to the User’s activity via the Website. In this case, the User will bear all resulting financial consequences, including attorney’s fees, the penalties set in the context of a judicial decision, as well as compensations and expenses of any kind incurred by MAISON RAPIN.
8.2.4. Finally, the User will be solely responsible for the damages caused by them to third parties in the context of the use of the Website, and for the consequences of the resulting claims or actions. Therefore, the User waives, in case of proceedings brought against them by a third party, any recourse against MAISON RAPIN.
Article 9 – Effects of the GTUs
9.1 If any provision of the GTUs were to be declared null, inapplicable, nonexistent, or void by a competent court, all other provisions shall remain in full force and effect, unless the going out of effect of the said provision significantly impairs the overall balance of the GTUs.
9.2. MAISON RAPIN will replace the provision declared null, inapplicable, nonexistent, or void, by a valid and enforceable clause having as far as possible the same effect as the one that the provision declared null, inapplicable, nonexistent, or void should have had.
9.3. The titles of the articles inserted in the GTUs are for reference only and will not affect the interpretation of the GTUs.
Article 10 – Law, Applicable Jurisdiction, and Language
10.1. The GTUs are expressly subject to French law.
10.2. Any dispute relating to the use of the Website and services by Users, concerning these GTUs, their validity, interpretation, or execution, their effects, or their termination, in the absence of an amicable agreement following the occurrence of such a dispute, will be under the jurisdiction of the competent court within the jurisdiction of the Cour d’appel de Paris (the Paris Court of Appeal).
10.3. These GTUs are written in French. In case of translation into one or more foreign languages by anyone, the French text will prevail in case of a dispute.
Concerned about the protection of Users’ personal data (hereinafter referred to as “Personal Data”), MAISON RAPIN implements a policy allowing for the collection and processing of certain data while respecting Users’ rights and current regulations (hereinafter the “Policy”). This Policy adheres to the principles described below, with the intention of informing Users.
The Policy is an integral part of the General Terms of Use (hereinafter “GTUs”) of the MAISON RAPIN Website. Unless otherwise indicated, the terms defined in the GTUs have the same meaning in this Policy.
Article 1 – Scope of the Policy
1.1. MAISON RAPIN undertakes to ensure the highest level of protection of Users’ Personal Data in accordance with current regulations, namely Law 78-17 of January 6, 1978, known as the Data Protection Act, as amended by Law 2018-493 of June 21, 2018, on the protection of personal data, Decree 2019-536 of May 29, 2019, enacted for its application, and Regulation (EU) 2016/679 by the European Parliament and the Council of the European Union of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the “GDPR”).
1.2. The Policy applies to all Users of the Website and to all uses they may make of it, in accordance with the GTUs.
1.3. The Policy may evolve following regulatory changes or to take into account recommendations from supervisory authorities and judicial advances. Users are therefore invited to check the scope of the Policy on the day of their use of the Website. MAISON RAPIN uses Personal Data in accordance with the Policy in force at the time the User submits said data, unless the User opposes or withdraws consent.
Article 2 – Identity of the Controller of Personal Data Processing
2.1. Under the GDPR, the controller of processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data (hereinafter the “Controller of processing”).
2.2. As the Website’s publisher, MAISON RAPIN is therefore the Controller of processing, which it implements within the scope of the Website and its use by Users.
2.3. Users are informed that they can, at any time, contact MAISON RAPIN at the postal and electronic addresses and telephone number specified in the legal notices.
Article 3 – Nature of the Personal Data Collected
3.1 Generalities
3.1.1. According to the GDPR, Personal Data refers to any information relating to an identified or identifiable natural person, through an identifier such as a name, an identification number, location data, an online identifier, or one or more specific elements specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.
3.1.2. The User is “an identified or identifiable natural person” from whom MAISON RAPIN requests certain information in accordance with current regulations, this Policy and GTUs.
3.1.3. MAISON RAPIN draws the Users’ attention to the fact that the Personal Data they provide must be accurate, both at the time of their registration and at any time during their use of the Website. Each User therefore undertakes to provide accurate information about themselves when submitting their contact form to MAISON RAPIN and, if necessary, to update it. Additionally, Users guarantee the truthfulness, accuracy, and completeness of the information provided and will be solely responsible for any failure, error, or omission to update.
3.1.4. MAISON RAPIN does not collect nor process any Personal Data considered “sensitive” under the GDPR (racial or ethnic origin, political opinions, religious or philosophical beliefs or union membership, as well as the processing of genetic or biometric data for the purpose of uniquely identifying a natural person, data concerning health, sexual life, or sexual orientation).
3.2 Browsing the Website
3.2.1. Information about the Website’s activity and the use of services is automatically collected through cookies when the User is browsing the Website.
3.2.2. This consists of information related to the browser used to connect to the Website or services (such as online activities, visits, page views, IP address, location of the terminal used, etc.). This information is collected whether the User is logged in to an Account or not, Account whose creation was requested by the User from MAISON RAPIN under Article 6 of the GTUs. This information do not allow for the identification of the User but allow for tracking the activity of a certain User on the Website.
3.3 Creation of a User’s Personal Space “Account”
3.3.1. Access to certain features of the Website requires the prior creation of an Account, as provided in Article 6 of the GTUs, during which the User will be asked to provide the personal information listed in said GTUs.
3.3.2. In the context of the various features accessible via the Account, information will be voluntarily communicated by the User to MAISON RAPIN and collected by MAISON RAPIN.
3.4 Subscription to the Newsletter
Whether or not the User has requested the creation of an Account, they can subscribe to the Newsletter, as provided in Article 7 of the GTUs, for which they will be asked to provide the personal information listed in said GTUs.
3.5 Contacting MAISON RAPIN
When a User contacts MAISON RAPIN, especially by email or WhatsApp, MAISON RAPIN collects the message sent, as well as the User’s email address and/or phone number.
Article 4 – Purposes of Personal Data Processing
4.1. In accordance with the principle of data minimization set out in Article 5 of the GDPR, MAISON RAPIN undertakes to collect only Personal Data that is adequate, relevant, and limited to what is necessary for the purposes for which they are processed.
4.2. The Personal Data collected by MAISON RAPIN are processed for the following purposes:
– Users’ browsing on the Website;
– Access to the Website and all its features and contents, as well as their consultation or use by Users, notably: subscribing to the Newsletter and creating an Account with the possibility of saving favorites, organizing events, sharing projects, and facilitating exchanges with MAISON RAPIN;
– User Relationship management, including the sending of Newsletters or emails related to MAISON RAPIN’s activity;
– Accounting;
– Implementing assistance to Users and managing their claims;
– Managing User requests regarding the exercise of their rights under the GTUs and this Policy;
– Managing any disputes with any User;
– Managing the Website’s security;
– Establishing, by MAISON RAPIN or on its behalf, a file of Users who have subscribed to the Newsletter or created an Account;
– Retaining records of saved favorites, projects, events, and exchanges with MAISON RAPIN by the User in their Account;
– Establishing, for MAISON RAPIN’s use, statistics on Website activity to measure User satisfaction and the quality of its content and features, thereby ensuring the improvement and optimization of the Website, its content, and its features.
4.3. MAISON RAPIN may also use Personal Data for administrative purposes or for any other purpose imposed by the legislation in effect.
Article 5 – Legal Basis for Processing Personal Data
5.1. Execution of MAISON RAPIN’s contractual relations with Users: When Users browse the Website, they accept the Policy and the GTUs by checking the box reading: “By checking this box, I declare that I have read and accept the website’s General Terms of Use and Privacy Policy.” These documents formalize a contractual relationship between the User and MAISON RAPIN and serve as the legal basis for the collection and processing of Personal Data.
5.2. User consent: Users accept the processing of their Personal Data through explicit consent. They can withdraw consent at any time. MAISON RAPIN’s Cookie Policy is detailed in Article 11 of the Policy.
5.3. MAISON RAPIN’s legitimate interest: MAISON RAPIN may need to use Personal Data to optimize browsing on the Website, in compliance with Users’ privacy.
5.4. Compliance with a legal obligation of MAISON RAPIN: The processing of Personal Data is imposed by a legal text.
Article 6 – Recipients of Personal Data
6.1. In the context of Personal Data processing, MAISON RAPIN may share them with certain company personnel. MAISON RAPIN ensures that only persons authorized in the context of their duties or functions may access said data. Recipients of Personal Data within MAISON RAPIN may include the following: sales and marketing department, support team, legal department, financial department.
6.2. MAISON RAPIN may also be required to share Personal Data in the following cases:
– With service providers that MAISON RAPIN calls on to perform services within the purposes mentioned in Article 4 above, to whom MAISON RAPIN has entrusted the performance of certain tasks, especially those responsible for hosting and maintaining the Website and Services, as well as routing the Newsletter;
– With external advisors in the event of a dispute or with third parties;
– With legal authorities: MAISON RAPIN, in accordance with applicable legal provisions, may be required to disclose Personal Data to administrative or judicial authorities when disclosure is necessary for the identification, apprehension, or prosecution of any individual likely to harm the rights of MAISON RAPIN, any other User, or a third party;
– With third parties, buyers, or investors, in the event of the sale or acquisition of MAISON RAPIN’s business: in the event that all or part of MAISON RAPIN’s business is ceded, Users’ Personal Data will be communicated to ensure the continuity of the Website’s services.
6.3. Otherwise, MAISON RAPIN’s policy is not to disclose its Users’ Personal Data to third parties for commercial purposes.
Article 7 – Retention Period of Personal Data
7.1. In accordance with Article 5 of the GDPR, Personal Data collected by MAISON RAPIN is kept for a duration not exceeding that necessary in light of the purposes for which they are processed.
7.2. MAISON RAPIN securely retains Personal Data for the duration necessary to achieve the intended purpose of processing, subject to legal possibilities and obligations regarding archiving, data retention obligations, and/or anonymization.
7.3. In the absence of concrete implementation, Personal Data is deleted after five years from December 31 of the year the Website’s collection of said User data began for the first time.
7.4. In case of collection and processing of Personal Data in the context of a dispute with the User or more generally in the context of legal proceedings of any kind, said Data is retained for the entire duration of the applicable legal or regulatory prescriptions.
Article 8 – Security of Personal Data Processing
8.1. MAISON RAPIN undertakes to take all appropriate precautions, taking into account the state of knowledge, implementation costs, and the nature and scope of the context and purposes of processing, to preserve the confidentiality and security of Personal Data and, in particular, prevent it from being distorted, damaged, or accessed by unauthorized third parties. To this end, MAISON RAPIN undertakes, in accordance with Article 32 of the GDPR, to implement all appropriate technical and organizational measures.
8.2. When, within the purposes specified in Article 4 of this Policy, MAISON RAPIN transmits the collected Personal Data, it undertakes to only engage partners, service providers, and/or subcontractors who offer sufficient guarantees regarding the implementation of the aforementioned measures.
8.3. In accordance with Article 33 of the GDPR, in case of a Personal Data breach, MAISON RAPIN undertakes to notify the Commission Nationale de l’Informatique et des Libertés (the French National Commission for Data Protection and Liberties, hereinafter the “CNIL”) as soon as possible.
Article 9 – Users’ Rights
9.1. Each User has the following rights:
– Right of access: the right for the User to obtain confirmation from MAISON RAPIN as to whether their Personal Data is being processed and, if so, to obtain communication of said data in an understandable format;
– Right to rectification: the right for the User to request MAISON RAPIN to correct their Personal Data if it is inaccurate or to complete their Personal Data related to the processing purpose if it is incomplete;
– Right to object: the right for the User to object to being included in a file by MAISON RAPIN, with the exercise of this right needing to be justified by reasons related to the User’s particular situation;
– Right to erasure: the right for the User to request MAISON RAPIN to erase their Personal Data in cases provided for by regulations;
– Right to portability: the right for the User to request MAISON RAPIN to send them their Personal Data for personal use or to share it with any third party of their choice;
– Right to limitation of processing: in addition to the aforementioned rights, the right for the User to request MAISON RAPIN to temporarily freeze the use of their Personal Data, i.e. asking MAISON RAPIN to retain them but not use them;
– Right to digital death: the right for the User to define directives regarding the fate of their Personal Data after their death.
9.2. For the exercise of their rights, any User can contact MAISON RAPIN using the contact information provided in the legal notices. MAISON RAPIN will then respond to the User under the conditions defined in Article 12 of the GDPR.
9.3. Any User can also file a complaint with the CNIL as soon as possible.
Article 10 – Cookies
10.1. The use of cookies (hereinafter a “Cookie” or “Cookies”) constitutes a processing of personal data.
10.2. A Cookie is a set of information, usually small in size and identified by a name, which can be transmitted to the User’s browser by a website they visit and stored on the terminal of their device (computer, tablet, smartphone, etc.). The web browser will retain it for a certain period and send it back to the web server each time the User reconnects.
10.3. In the context of browsing the Website, MAISON RAPIN may use several types of cookies, mainly the following:
– Browsing Cookies: These are Cookies that enable the proper functioning of the Website;
– Functionality Cookies: These are Cookies that enable the retaining of Users’ preferences and settings, thereby enhancing their browsing experience on the Website;
– Performance/Analysis Cookies: These are Cookies that enable tracking and measurement of Users’ activity on the Website, to make the Website evolve according to their expectations and improve their browsing experience.
Browsing and functionality cookies are necessary for the proper functioning of the Website and cannot be refused, due to technical reasons. The other cookies (performance/analysis cookies) are used for statistical purposes and will only be placed if the User accepts their placement.
10.4. During the User’s first visit to the Website, an explanatory banner about the use of Cookies will appear. The User will then be asked to accept the use and storage of Cookies on their terminal, or alternatively, to refuse them (performance/analysis cookies). Any settings they undertake may alter their internet browsing and the conditions of their access to certain services requiring the use of Cookies.
10.5. Users are informed that Cookies do not damage their devices.
10.6. Furthermore, Users are reminded that, according to CNIL recommendations, the validity period of consent for the placement of Cookies is thirteen months, after which consent must be obtained again. Consequently, the Cookies used on the Site have a maximum lifespan of thirteen months from their initial placement on the User’s terminal equipment (following their expression of consent).
10.7. At any time, the User can withdraw their consent and disable Cookies by using their browser settings. Disabling Cookies, which aim to improve Users’ browsing experience, may degrade this experience by restricting or even deleting access to certain features. MAISON RAPIN cannot be held responsible for the degraded functioning of the Website resulting from the disabling of Cookies.
10.8. For more information on the use, management, and deletion of Cookies for any type of browser, MAISON RAPIN invites Users to consult the following link: https://www.cnil.fr/fr/cookies-et-autres-traceurs/comment-se-proteger/maitriser-votre-navigateur
