Disclaimer

 

 

You are currently on the website of the law firm APERWIN, accessible at the following URL : http://www.aperwin.law/ (hereinafter “the Website”)

Editor

The editor of the Website is APERWIN, a société d’exercice libéral à responsabilité limitée, established and existing under the laws of France, with a share capital of € 20.000, having its registered office at 5, rue la Boétie, Paris (75008), registered under the company register of Paris under 828 587 352 – European VAT number : FR07828587352.
You can contact the editor as follows: phone: +33 (0)1 42 68 85 25 – fax: +33 (0)1 42 68 81 32 – e-mail : contact@aperwin.law.
Please note that the editor is a lawyer registered at the Paris Bar and is in this capacity subject to the professional rules applicable to lawyers which are accessible under this link: http://www.avocatparis-bdd.org/ribp.htm.

Editorial Directors

The two co-directors of the publication are the partners of the law firm Jens Bürkle and Régis Mahieu.

Website Developer and Host

Development, hosting and maintenance of the Website are operated by ELIOTT ET MARKUS, 10, rue Myrha, 75018 Paris (France) – phone + 33 (0)1 53 41 41 96 – e-mail : contact@eliott-markus.com.

GENERAL CONDITIONS OF USE

Approval by the User

These General Conditions of Use (“GCU”) are applicable to any person visiting the Website www.aperwin.law (hereinafter «the User»). By using the Website, each User accepts the above-mentioned legal notices and these GCU, without reservation, modification or restriction. APERWIN is free to modify these terms and conditions at any time and without notice, and the GCU so modified will be applicable to the User upon the next connection to the Website. In case of modification or update, the revised GCU will be put on the Website indicating the last date of the update. The User is therefore invited to consult them regularly.

Protection of personal data

In accordance with Regulation (EU) 2016/679, known as the General Data Protection Regulation (hereinafter “GDPR”), APERWIN, as data controller, implements on the Website the processing of personal data of the User defined below.
The personal data of the User can only be communicated to processors which provide sufficient guarantees in such a manner that processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
The User has a right to obtain access, modification, rectification, erasure and portability of its personal data.
The User also has a right to object the processing of his personal data where the lawfulness of the processing is based on APERWIN legitimate interests, or where the personal data are processed for direct marketing purposes.
To exercise his rights, the User shall send a letter to APERWIN with a copy of an identity document at the following address: APERWIN: 5, rue La Boétie, 75008 Paris, or by e-mail at following address: contact@aperwin.law.
In addition, each User is prohibited from collecting and using, in any way whatsoever, the personal data present on the Website, especially the data relating to the members of APERWIN, and especially for any advertising activity or commercial prospection, without obtaining their prior written consent. In general, each User is prohibited from doing any act likely to infringe the privacy or reputation of individuals.

The Website uses automatic tracing methods that record information relating to browsing and web pages viewed (date and time of consultation etc.) by the User, but without identifying the User directly (hereinafter the “Cookies”).
Cookies allow APERWIN to obtain information on the frequentation rate of the Website, to be able to modify the Website to provide a better experience for Users.
APERWIN expressly requests the User’s consent to the use of Cookies when the User first connects to the Website.
The personal data of the User are then recorded on the computer servers of a processor of APERWIN (the company ELIOTT & MARKUS) and are kept until the User withdraws his consent the use of Cookies (i) by configuring his browser (such a configuration may modify the browsing quality and accessibility of the Website) or (ii) sending a letter or an email to APERWIN under the conditions defined above.

The User may contact APERWIN with the contact form available on the “contact” page of the Website or by e-mail using the addresses indicated on the Site.
If so, APERWIN only collects the name, the e-mail address, as well as any personal data that the User would voluntarily communicate in the body of his message.
APERWIN processes the personal data of the User to communicate, to process his requests and for prospecting purposes.
The personal data of the User are then automatically recorded on the mailbox of the APERWIN member contacted, before being manually recorded on a computer file on the servers of a processor of APERWIN (the company SECIB).
The personal data of the User are (i) kept until the signing of a fee agreement between the User and APERWIN or (ii) archived.

Intellectual Property

The Website and each of the elements that comprise it, including all texts, images (animated or not), newsletters, communiqués, presentations, telephone or e-mail addresses, trademarks, logo, architecture, as well as any software, programs and specific developments present on the pages of the Website (hereafter “the Content”) are protected by the laws in force, in particular in respect of intellectual property, the protection of personal data and the right to the protection of private life.
The Website and its Content are the full intellectual property of APERWIN or of third parties who have granted it a license.
Users shall therefore abstain from any reproduction, representation, use or adaptation, in any form whatsoever, for remuneration or free of charge, of all or part of the Website and its contents, without the prior written consent of APERWIN. The fact that APERWIN does not enter into proceedings upon knowledge of unauthorized uses does not mean accepting the said uses or waiving its prosecution.
By exception, APERWIN may place at the disposal of the User specifically marked documents for download. In such case, and unless expressly stated otherwise for each of the above-mentioned documents, a non-exclusive, revocable, personal, non-transferable, non-sublicensable right of use for the entire world is granted to Users for these documents. However, the User will not be allowed to make any changes to these documents.
Any short quotation shall show the title of the document or page of the quoted Website, the name of the author and, where applicable, the date and publication number of the cited document.
In case of questions regarding the content of the Website, the User is asked to contact the Editorial Directors.

Hypertext links

The Website of APERWIN may contain hypertext links to other internet sites. APERWIN ensures that these hypertext links do not allow direct or indirect access to sites or pages of sites whose content would be contrary to the essential principles of the legal profession. However, APERWIN does not take over any responsibility which goes beyond this ethical obligation.
Users are prohibited from making hypertext links to the Website, except with prior written authorization by APERWIN, who remains free to refuse this authorization without having to justify his decision. In any case, any link will have to be deleted upon APERWIN’s request.

Responsibilities

APERWIN is committed to making its best efforts to ensure that Users have access to the Website at any time. However, the liability of APERWIN shall not be incurred in the event of (i) blackout, failure, difficulty or interruption of operation, prevention or hindrance of access to the Website or any of its features, the opening and consultation of the pages, (ii) the temporary or definitive inaccessibility to the Website, (iii) the fraudulent use by third parties of the information made available on the Website.
Users must take all appropriate measures to protect their equipment used for the connection to the Website as well as their personal data, notably against viral attacks. APERWIN cannot be held responsible for any damage resulting from the use of the Website, the internet connection, computers, equipment or telecommunication systems.
Each User is itself responsible for the use it makes of the Website and/or the documents, information and personal data provided on the Website, and undertakes to limit it to a strictly personal use and abstains from any use not expressly authorized by these GCU without the prior written consent of APERWIN. APERWIN shall not be liable for any damages arising from the use of the Website and/or the information contained therein by the Users.
The information provided by the Website is purely informative and indicative. APERWIN does not guarantee the accuracy, completeness, topicality or exhaustiveness of the information disseminated on the Website.

Cookies

In order to facilitate access and use of the Website, the User is informed that APERWIN is likely to implement an automatic tracing process (cookie). A cookie does not enable your identification. However, it saves information related to the navigation of your computer concerning the pages consulted, the date and time of the consultation etc…) which we can read on your subsequent visits.
However, you may object to the registration of “cookies” by configuring your browser, it being specified that such a configuration may change the browsing quality and accessibility of the Website.

Other provisions

The Website is reserved for the private use of each User.
The Website and the data contained therein, the information and documents provided by it only represent a general, non-exhaustive legal information and/or in connection with APERWIN and/or the legal profession and may under no circumstances be considered as constituting a Legal Advice, canvassing, solicitation and/or the offering of services.

The firm does not guarantee that the Website will be accessible or available on an ongoing basis, nor that it will it be virus-free.
The firm shall not be liable for any damage resulting from a fraudulent intrusion by a third party that has resulted in a change of the information on the Website.

Applicable law and jurisdiction

The Website and the present GCU are governed by the French law and any litigation that may arise therefrom will be under the exclusive jurisdiction of the courts of Paris.

Date of last update: April 1, 2018.