LEGAL NOTICES

Legal Notice

Definitions

  • Client: Any professional or legally capable natural person within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Website subject to these general terms and conditions.
  • Services: https://kimononow.com/ provides the following services to Clients:
  • Content: All elements constituting the information present on the Website, including texts, images, and videos.
  • Client Information: Hereinafter referred to as "Information(s)", these correspond to all personal data that https://kimononow.com/ may hold for account management, customer relationship management, and analytical and statistical purposes.
  • User: Any Internet user connecting to and using the aforementioned website.
  • Personal Information: "Information that, in any form, directly or indirectly, allows the identification of the natural persons to whom it applies" (Article 4 of Law No. 78-17 of January 6, 1978).

The terms "personal data," "data subject," "processor," and "sensitive data" have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Presentation of the Website

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, Users of the website https://kimononow.com/ are informed of the identity of the various stakeholders involved in its creation and monitoring:

  • Owner: Kimononow®, with a share capital of €5,000 – POD 2, The Old Station House, 15a Main Street, Blackrock, Co. Dublin, Ireland.
  • Publication Manager: unKimono® – info@kimononow.com. The publication manager can be a natural or legal person.
  • Webmaster: unKimono® – info@kimononow.com
  • Host: Shopify – 151 O'Connor Street Ground Floor K2P 2L8 Ottawa, +1 613 241-2828
  • Data Protection Officer: unKimono® – info@kimononow.com

2. General Terms of Use for the Website and Services

The Website constitutes an intellectual work protected under the Intellectual Property Code and applicable international regulations. Clients may not reuse, transfer, or exploit any or all elements or works of the Website for their own purposes.

Use of the website https://kimononow.com/ implies full acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time, so Users of https://kimononow.com/ are invited to consult them regularly.

The website is normally accessible to Users at all times. However, https://kimononow.com/ may decide to interrupt access for technical maintenance and will endeavor to communicate the dates and times of such maintenance to Users in advance.

The website https://kimononow.com/ is regularly updated. Similarly, the legal notice may be modified at any time and is binding on the User, who is invited to refer to it as often as possible to be aware of any changes.

3. Description of Services Provided

The website https://kimononow.com/ aims to provide information on all activities of the company.

https://kimononow.com/ strives to provide information as accurate as possible on its website. However, it cannot be held responsible for omissions, inaccuracies, or deficiencies in updates, whether due to its own actions or those of third-party partners who provide the information.

All information provided on the site is for informational purposes only and is subject to change. Furthermore, the information on https://kimononow.com/ is not exhaustive and may have been modified since its publication.

4. Technical Data Limitations

The website uses JavaScript technology. The website cannot be held responsible for material damage related to its use. The User agrees to access the website using recent, virus-free equipment with an up-to-date, latest-generation browser.

The website https://kimononow.com/ is hosted by a provider within the European Union in accordance with GDPR regulations (No. 2016-679).

The objective is to provide a service with the highest possible accessibility rate. The hosting provider ensures continuous service availability 24/7, except for maintenance, infrastructure upgrades, failures, or abnormal traffic that may impact service.

https://kimononow.com/ and its hosting provider cannot be held responsible for network malfunctions, telephone line issues, or computer and telephone equipment failures that might prevent access to the server.

5. Intellectual Property and Counterfeiting

https://kimononow.com/ owns the intellectual property rights and usage rights for all 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, regardless of the means or process used, is prohibited without prior written authorization from https://kimononow.com/.

Any unauthorized use of the site or its content will be considered counterfeiting and prosecuted in accordance with Articles L.335-2 and following of the Intellectual Property Code.

6. Liability Limitations

https://kimononow.com/ acts as the publisher of the website and is responsible for the quality and accuracy of the content it publishes.

https://kimononow.com/ cannot be held liable for direct or indirect damage caused to the User's equipment when accessing the website due to the use of outdated equipment, viruses, or browser incompatibility.

Additionally, https://kimononow.com/ cannot be held liable for indirect damages, such as loss of market opportunities, resulting from the use of the website.

Interactive spaces (such as a contact section) are available to Users. https://kimononow.com/ reserves the right to delete, without prior notice, any content posted in this space that contravenes applicable French law, particularly in matters of data protection.

If necessary, https://kimononow.com/ also reserves the right to hold the User civilly and/or criminally liable, especially in cases of racist, offensive, defamatory, or pornographic messages, regardless of the medium used (text, photographs, etc.).

7. Management of Personal Data

The Client is informed of the regulations regarding marketing communication, the Law of June 21, 2014, for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Data Collection Responsibility

For personal data collected in the context of creating the User's personal account and browsing the Site, the data controller is: Kimononow®. https://kimononow.com/ is represented by Kimononow®, its legal representative.

As the data controller, https://kimononow.com/ undertakes to comply with the legal provisions in force. It is responsible for defining the purposes of its data processing, providing its prospects and clients with complete information about the processing of their personal data upon collection of their consent, and maintaining a record of processing operations in line with reality. Each time https://kimononow.com/ processes Personal Data, it takes all reasonable measures to ensure its accuracy and relevance to the purposes for which it is processed.

7.2 Purpose of Collected Data

https://kimononow.com/ may process some or all of the following data:

  • To enable browsing on the Site and manage and track services ordered by the user: connection and usage data, invoicing, order history, etc.

  • To prevent and combat IT fraud (spamming, hacking...): hardware used for browsing, IP address, hashed password.

  • To improve navigation on the Site: connection and usage data.

  • To conduct optional satisfaction surveys on https://unkimono.com/: info@kimononow.com.

  • To conduct communication campaigns (SMS, email): phone number, email address.

https://kimononow.com/ does not sell personal data, which is only used for necessity or for statistical and analytical purposes.

7.3 Rights of Access, Rectification, and Opposition

Under European regulations, users of https://kimononow.com/ have the following rights:

  • Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completeness of their data; right to lock or erase personal data (Article 17 GDPR) when it is inaccurate, incomplete, equivocal, outdated, or if its collection, use, communication, or retention is prohibited.

  • Right to withdraw consent at any time (Article 13-2c GDPR).

  • Right to limit data processing (Article 18 GDPR).

  • Right to object to data processing (Article 21 GDPR).

  • Right to data portability of the data provided, where processing is based on consent or a contract (Article 20 GDPR).

  • Right to determine the fate of personal data after death and to choose to whom https://unkimono.com/ should communicate (or not) the data to a previously designated third party.

If https://kimononow.com/ becomes aware of a user's death and receives no instructions, it undertakes to delete the data unless retention is necessary for evidentiary purposes or to comply with a legal obligation.

To exercise these rights, the user can contact https://kimononow.com/ in writing at: https://kimononow.com/ - DPO, Kimononow® - POD 2, The Old Station House, 15a Main Street, Blackrock, Co. Dublin, Ireland. The user must specify the personal data to be corrected, updated, or deleted, providing proof of identity (ID card or passport copy). Deletion requests will be subject to legal retention obligations. Users may also file a complaint with supervisory authorities such as the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-Disclosure of Personal Data

https://kimononow.com/ refrains from processing, hosting, or transferring collected information to countries outside the European Union or recognized as "non-adequate" without prior notice to the client. However, https://kimononow.com/ remains free to choose its technical and commercial subcontractors, provided they meet GDPR requirements. It takes necessary precautions to preserve data security and prevent unauthorized disclosure. If a security breach affecting client information occurs, https://unkimono.com/ will notify the client and take corrective measures promptly. No sensitive data is collected. Personal Data may be processed by https://kimononow.com/ subsidiaries and subcontractors exclusively to fulfill this policy's objectives. Customer service agents are the main authorized data handlers.

8. Incident Notification

Despite efforts, no method of data transmission or storage is 100% secure. If a security breach is detected, we will inform affected users to allow them to take appropriate measures. Our incident notification procedures comply with legal obligations at the national and European levels. No personal information from the site https://kimononow.com/ is published, exchanged, transferred, assigned, or sold to third parties without user knowledge. Only a sale of https://kimononow.com/ and its rights could permit data transfer to a buyer, who would then be bound by the same data retention and modification obligations.

Security

To ensure personal data security and confidentiality, https://kimononow.com/ uses protected networks with industry-standard devices such as firewalls, pseudonymization, encryption, and passwords. When processing Personal Data, https://kimononow.com/ takes reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hyperlinks, "Cookies," and Internet Tags

The site https://kimononow.com/ contains hyperlinks to other sites authorized by https://kimononow.com/. However, it cannot verify third-party site content and assumes no responsibility.

9.1 "Cookies"

A "cookie" is a small data file sent to the User's browser and stored on their terminal (e.g., computer, smartphone). It includes details like domain name, Internet service provider, operating system, and access date/time. Cookies do not damage devices. https://kimononow.com/ may process user visit data to improve Site content and navigation. Users can configure their browser to accept or reject cookies, knowing this may impact site functionality. Managing cookies differs by browser, and users can modify preferences at any time.

9.2 Internet Tags

https://kimononow.com/ may occasionally use Internet tags ("tags" or "web beacons") through analytics partners that may store related data, including the user's IP address, abroad. These tags evaluate visitor responses and measure marketing campaign effectiveness. External providers may collect information and generate reports on user activity.