Legal terms

I. WEBSITE OWNER AND EDITOR

This website www.heimdall-gallery.com (hereinafter the “Website”) is published by Heimdall, a Limited Liability company (« société à responsabilité limitée ») with equity established at EUR 5,000, listed under the Grenoble Trade and Companies Register under number 912.292.034 with a head office located at 17, Chemin de Villeneuve 38610 Gières (hereinafter “Heimdall Gallery”).

The manager of Heimdall Gallery and Publication Director is Andréas Fensby who can be reached at the following telephone number: +33 (0)768634266 or via email: andreas@heimdall-gallery.com.

The Website has been designed and developed by the company Mexiiico, 93 Cours Berriat – Grenoble – France. www.mexiiico.com, contact@mexiiico.com , Siret number 83932726900024.

The domain name heimdall-gallery.com is maintained by the company OVH, 2 rue Kellermann – 59100 Roubaix – France. www.ovhcloud.com, Siret number 42476141900045.

The Website is hosted by the company WP Engine, under the Intra-community VAT number : GB 213243651 with a head office located at Irongate House, 22-30 Duke’s Place London, EC3A 7LP in United Kingdom with the following telephone number : 020 3770 9704.

Website access and the use of its content are subject to the usage stipulations provided hereinafter. The act of accessing and browsing this Website implies that the Internet user fully and unreservedly accepts the following stipulations.

II. HYPERLINK

The creation of any hyperlink to the Website is forbidden without prior written authorisation of Heimdall Gallery. Said authorization may be withdrawn at any moment.

All sites having a hyperlink to the Website or to any of its components are not under the control of Heimdall Gallery, it therefore declines all responsibility, in particular editorial responsibility, for the access and content of these sites.

The Website may contain hyperlinks to third party sites and applications. Heimdall Gallery is not responsible for these sites and applications, with which it has no legal connection. Their functionality and content are the sole responsibility of their editors.

III. INTELLECTUAL PROPERTY

The creation of any hyperlink to the Website is forbidden without prior written authorisation of Heimdall Gallery. Said authorization may be withdrawn at any moment.

All sites having a hyperlink to the Website or to any of its components are not under the control of Heimdall Gallery, it therefore declines all responsibility, in particular editorial responsibility, for the access and content of these sites.

The Website may contain hyperlinks to third party sites and applications. Heimdall Gallery is not responsible for these sites and applications, with which it has no legal connection. Their functionality and content are the sole responsibility of their editors.

1. Ownership

Heimdall Gallery is the exclusive owner of the domain name of the Website and of all intellectual property rights and personality rights relating to the following elements :

• its name, its sign, its acronyms, logos or other signs ;
• its Website and in particular its structure, tree structure, organisation, any software, sections, functions, visual and graphic appearance, texts, animated or still images, sounds, know-how, drawings and any other element making up the Website ;
• any trademark, design and/or model, and/or patent held by Heimdall Gallery ;
• any database designed and/or managed by Heimdall Gallery, including its structure and contents.

2. Penalties

Use of all or part of the Website, particularly by means of downloading, reproduction, transmission, representation or circulation, for purposes other than personal and private use and with a non-commercial aim by the Internet user is strictly prohibited.

The person liable for infringement of the above shall be liable to penalties stipulated in both the French Intellectual Property code with regard to copyright infringement (article L. 335-1 et seq.) and trademark rights (article L. 716-1 et seq.) in particular, and the French Civil Code with regard to general legal liability (article 9, article 1240 et seq.).

IV. PROTECTION OF PERSONAL DATA

Heimdall Gallery processes personal data in accordance with the applicable legal provisions and in particular the French Data Protection Act n°78-17 of January 6, 1978 in its current version and the EU Regulation 2016/679 known as “GDPR” (hereinafter together “The Applicable Regulation”).

1. Definition of personal data

The term “personal data” applies to all personal information (particularly the username, password, name, surname, date of birth, email and postal addresses) that Internet users may disclose to Heimdall Gallery, mainly in respect to any message sent via the “contact us” section of the Website (hereinafter “Personal data” or “PD”).

This Personal data, whatever its nature, may enable Heimdall Gallery to identify and know better the Internet users and to respond to their messages and requests. When providing PD, the user undertakes to provide complete, accurate and up-to-date information which shall not prejudice the interests or rights of third parties.

2. Controller

Heimdall Gallery is responsible for collecting and processing Personal data from the Website.

3. Processing purposes

Each processing for which Heimdall Gallery is the Controller has its own purpose as described below.

• When you provide Heimdall Gallery with your PD on the “contact us” section of the Website :

The Personal Data you provide on this page is processed by Heimdall Gallery on the basis of Article 6 §1 f) of the GDPR, that is for the purposes of the legitimate interest of the Controller to deal with any question/comments addressed to it, and only in order to respond to that specific question and/or comment stated in the “message” box of this page.
These Personal Data are retained by Heimdall Gallery for the time it takes to process your question/message. They will then be deleted maximum within 30 days.

• When you provide your DP to Heimdall Gallery in the framework of its services and events :
Within the framework of the services you purchase and/or obtain in any way from Heimdall Gallery, you provide some PD which are processed by Heimdall Gallery on the legal basis of GDPR provision 6 §1 b) and c) to allow it to perform its pre-contractual or contractual obligations towards you within the framework of its legal services, but also to fulfill its own legal obligations.
The PD will be retained for the time needed to perform the services that they relate to, and also for the duration of the legal statute of limitation related thereto.
Heimdall Gallery protects PD through physical and technological measures to ensure its security, confidentiality, integrity and availability, in accordance with Applicable Regulation.

4. Consent

Any processing for which Heimdall Gallery is responsible is, as much as possible, carried out with the consent of the individual, otherwise carried out in application of another applicable legal basis and for the strict necessities of the purpose pursued.

5. Recipients of PD

Heimdall Gallery is the sole recipient of PD collected on the Website.

Heimdall Gallery will only pass on PD to a third party if :
• you have given us your prior consent to share such information ;
• Heimdall Gallery needs to share this information with third parties to provide the service you request ;
• Heimdall Gallery is required by a judicial or other administrative authority to disclose the information.

6. Internet users’ rights

Each Internet user may exercise his or her right to access, rectify, supplement, update, lock, cancel and delete the personal data regarding the Internet user in question and, for legitimate reasons, to oppose its processing.

To exercise the above rights, the Internet user may contact Heimdall Gallery by email at the following address: andreas@heimdall-gallery.com. These individuals also have the right to file a complaint to a supervisory authority, such as the CNIL.

V. AMENDMENTS TO THE LEGAL TERMS

Heimdall Gallery informs Internet users viewing the Website that these legal terms may be amended at any time. Such amendments shall be published online and shall be deemed accepted without reserve by any and all Internet users accessing the Website after the said amendments have been published online.

VI. LIABILITY

The Website is accessible 24 hours a day, 7 days a week, except in the event of force majeure or any event beyond the control of Heimdall Gallery or any breakdowns and/or interventions necessary for the proper functioning of the Website.

Heimdall Gallery shall undertake to ensure the accuracy and updates of information published on the Website to the best of its ability. The company reserves the right to correct content at any time and without prior notification. However, Heimdall Gallery cannot guarantee the accuracy, precision and comprehensiveness of information made available on the Website. Said information shall not constitute any guarantee or commitment by Heimdall Gallery with regard to the Internet user. In particular, Heimdall Gallery shall not be held liable for:

• any lack of precision, inaccuracy or omission regarding the information available on the Website ;
• all and any damage arising from computerised intrusion by a third party, resulting in an amendment to the information made available on the Website ;
• and, more generally, any and all direct or indirect damage, irrespective of the cause, origin, nature and consequences, caused as a result of access by anyone to the Website or inability to access the said Website or regarding the credit given to any information coming directly or indirectly from the Website.

VII. DISPUTES

These legal terms have been drawn up in accordance with French law and French courts shall exercise jurisdiction over all and any disputes arising from the use of the Website.

If the Internet user has any questions about the use of the Website and/or these legal terms, or any request that he or she wishes to address to Heimdall Gallery, they are invited to send a message via an email to the following email : andreas@heimdall-gallery.com