Legal notice

Definitions

Customer: any individual with full legal capacity, or any business or legal entity, that visits the Site covered by these terms.

Products and Services: the products and services that Bireka makes available to Customers through the Site.

Content: all the elements that make up the information on the Site, including text, images and videos.

Customer Information (hereinafter "Information"): all the personal data that Bireka may hold to manage your account and customer relationship, and for analysis and statistical purposes.

User: any internet user who accesses or uses the Site.

Site: this website.

Personal Information: any information relating to an identified or identifiable natural person, directly or indirectly (Article 4 of the UK GDPR).

The terms "personal data", "data subject", "processor" and "special category data" have the meanings given to them in the UK General Data Protection Regulation (UK GDPR).

1. Website operator

The following information identifies those responsible for creating and running the Site:

  • Owner: Bireka, operated by Mattis Roussel
  • Legal form: Sole trader
  • Email: contact@bireka.com
  • Editor: Mattis Roussel – contact@bireka.com. The editor is a natural person.
  • Webmaster: Mattis Roussel – contact@bireka.com
  • Data protection contact: Mattis Roussel – contact@bireka.com
  • Hosting provider: Shopify Inc., 151 O'Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada – Tel: 1-888-746-7439

2. Terms of use of the Site and its services

The Site is a creative work protected by copyright and intellectual property laws, including the Copyright, Designs and Patents Act 1988 and applicable international regulations. Customers may not reuse, transfer or exploit for their own purposes all or part of the elements or works on the Site.

By using the Site, you fully accept the terms of use described below. These terms may be amended or supplemented at any time, so Users are invited to review them regularly.

The Site is normally accessible to Users at all times. However, Bireka may decide to suspend access for technical maintenance. Where possible, we will inform Users of the dates and times of the work in advance. The Site is updated regularly by Mattis Roussel. This Legal Notice may also be amended at any time. It remains binding on Users, who are invited to refer to it as often as possible.

3. Description of services

The purpose of the Site is to provide information about all of Bireka's activities. We strive to provide information on the Site that is as accurate as possible. However, we cannot be held responsible for omissions, inaccuracies or failures to update information, whether caused by us or by third-party partners who supply us with that information.

All information on the Site is provided for guidance only and may change. The information on the Site is not exhaustive and is subject to changes made since it was published. This does not affect product descriptions, which form part of your contract with us, or your statutory rights.

4. Technical limitations

The Site uses JavaScript technology. We cannot be held responsible for material damage linked to the use of the Site. Users agree to access the Site using up-to-date, virus-free equipment and an up-to-date, latest-generation browser.

The Site is hosted by Shopify, which provides appropriate safeguards under UK data protection law.

Our aim is to provide a service with the highest possible level of availability. The hosting provider ensures continuity of service 24 hours a day, every day of the year. It may nevertheless interrupt the hosting service for the shortest possible periods, in particular for maintenance, infrastructure improvements or failures, or if the Products and Services generate traffic considered abnormal.

Bireka and the hosting provider cannot be held responsible for malfunctions of the internet network, telephone lines, or computer and telephone equipment, in particular network congestion preventing access to the server.

5. Intellectual property and infringement

Bireka owns or holds the rights to use all the elements accessible on the Site, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the Site's elements, by any means or process, is prohibited without the prior written permission of Bireka.

Any unauthorised use of the Site or of any of its elements will be considered an infringement. Proceedings may be brought under the Copyright, Designs and Patents Act 1988 and other applicable laws.

6. Limitation of liability

Bireka acts as the publisher of the Site and is responsible for the quality and accuracy of the content it publishes.

Bireka cannot be held responsible for direct or indirect damage to the User's equipment when accessing the Site, resulting either from the use of equipment that does not meet the specifications in section 4, or from a bug or incompatibility.

Bireka cannot be held responsible for indirect losses (such as loss of business or loss of opportunity) resulting from the use of the Site. Nothing in this Legal Notice limits or excludes our liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, fraud, or breach of your statutory rights as a consumer.

Interactive areas, such as the option to ask questions through the contact page, are available to Users. Bireka reserves the right to remove, without prior notice, any content posted there that breaches applicable law, in particular data protection law. Where appropriate, Bireka also reserves the right to take civil and/or criminal action against the User, particularly for racist, abusive, defamatory or pornographic messages, whatever the medium used (text, photographs, etc.).

7. Personal data management

Customers are informed of the regulations governing marketing communications and data protection, including the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003 (PECR).

7.1 Data controller

For personal data collected when a User creates an account and browses the Site, the data controller is Mattis Roussel, trading as Bireka.

As data controller, Bireka undertakes to comply with the legal provisions in force. In particular, we are responsible for:

  • determining the purposes of our data processing;
  • providing our prospects and customers with full information about how their personal data is processed and, where required, obtaining their consent;
  • keeping an accurate record of our processing activities.

Whenever Bireka processes personal data, it takes all reasonable steps to ensure that the data is accurate and relevant to the purposes for which it is processed.

7.2 Purposes of data collection

Bireka may process all or part of your data:

  • to enable browsing on the Site, and to manage and track the products and services ordered by the User: connection and usage data, billing, order history, etc.;
  • to prevent and combat fraud (spamming, hacking, etc.): device used for browsing, IP address and (hashed) password;
  • to improve browsing on the Site: connection and usage data;
  • to carry out optional customer satisfaction surveys: email address;
  • to run marketing campaigns by email or SMS, only with your consent or where otherwise permitted by PECR: phone number and email address.

Bireka does not sell your personal data. It is only used where necessary to provide our services, or for statistical and analysis purposes.

7.3 Your rights

Under the UK GDPR, Users have the following rights:

  • the right of access (Article 15) and the right to rectification (Article 16), so that your data can be updated and completed;
  • the right to erasure (Article 17), in particular where your data is inaccurate, incomplete, out of date, or where its collection, use, disclosure or storage is not lawful;
  • the right to withdraw your consent at any time (Article 7(3));
  • the right to restriction of processing (Article 18);
  • the right to object to processing (Article 21), including objecting to direct marketing at any time;
  • the right to data portability (Article 20), for data you have provided to us that is processed by automated means on the basis of your consent or a contract.

To find out how Bireka uses your personal data, or to ask for it to be corrected, deleted, or to object to its processing, please email us at contact@bireka.com. Please tell us which personal data you would like us to correct, update or delete. If we have reasonable doubts about your identity, we may ask you for additional information to confirm it. We will respond within one month.

Requests to delete personal data are subject to the legal obligations that apply to Bireka, in particular regarding the retention and archiving of documents.

If you are not satisfied with how we handle your data, you have the right to lodge a complaint with the Information Commissioner's Office (ICO): www.ico.org.uk

7.4 Non-disclosure of personal data

Bireka will not process, store or transfer Customer Information to a country outside the UK that is not covered by UK adequacy regulations, unless appropriate safeguards are in place. Bireka remains free to choose its technical and commercial processors, provided that they offer sufficient guarantees under the UK GDPR.

Bireka undertakes to take all necessary precautions to keep the Information secure and, in particular, to prevent it from being disclosed to unauthorised persons. If we become aware of an incident affecting the integrity or confidentiality of Customer Information, we will inform the Customer as soon as possible and tell them what corrective measures have been taken. Bireka does not collect any special category data.

The User's personal data may be processed by our processors (service providers), solely for the purposes set out in this Legal Notice.

Within the limits of their respective roles and for the purposes set out above, the people most likely to have access to Users' data are those responsible for our customer service.

8. Incident notification

However hard we try, no method of transmission over the internet and no method of electronic storage is completely secure, so we cannot guarantee absolute security. If we become aware of a security breach, we will notify the affected Users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations under UK data protection law, including notifying the ICO where required. We are committed to keeping our customers fully informed of any matters relating to the security of their account, and to providing them with all the information they need to meet their own regulatory reporting obligations.

No personal information of Site Users is published without their knowledge, exchanged, transferred, assigned or sold to third parties in any form. The only exception would be if Bireka and its rights were acquired. In that case, the information could be transferred to the buyer, who would be bound by the same obligations regarding the storage and modification of Users' data.

Security

To ensure the security and confidentiality of personal data, Bireka uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.

When processing personal data, Bireka takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, cookies and web beacons

The Site contains a number of hyperlinks to other websites, set up with Bireka's permission. However, Bireka cannot check the content of the sites visited and therefore accepts no responsibility for them.

Essential cookies, which are needed for the Site to work, are set automatically. All other cookies (analytics, advertising, social media) are only set with your consent, which you give through our cookie banner. You can change your choices at any time, free of charge. Refusing some cookies may limit access to all or part of the Services offered on the Site.

9.1 Cookies

A "cookie" is a small information file sent to the User's browser and stored on the User's device (computer, smartphone, etc.) (hereinafter "Cookies"). It contains information such as the User's domain name, internet service provider, operating system, and the date and time of access. Cookies cannot damage the User's device.

Bireka may process information about the User's visit to the Site, such as the pages viewed and searches made. This information helps Bireka improve the Site's content and the User's browsing experience.

In addition to our cookie banner, Users can set their browser to accept or reject Cookies, either systematically or depending on who sets them. Users can also set their browser to ask them to accept or refuse each Cookie before it is stored on their device. In that case, some browser features may not be available.

If the User refuses Cookies or deletes those already stored, their browsing and experience on the Site may be limited. This may also be the case where Bireka or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used, the language and display settings, or the country from which the device appears to be connected.

Where applicable, Bireka accepts no responsibility for the consequences of the Site and its services working less well because (i) the User has refused Cookies, or (ii) Bireka cannot store or read the Cookies needed for them to work because of the User's choices. Cookie settings are different for each browser and are described in the browser's help menu.

The User can express and change their cookie preferences at any time. Bireka may also use external service providers to help collect and process the information described in this section.

Finally, social networks (such as Facebook or Instagram) may also place cookies on your devices (computer, tablet, mobile phone) when you click on their icons on the Site. These cookies are only placed if you have given your consent through our cookie banner. You can withdraw this consent at any time.

9.2 Web beacons ("tags")

Bireka may occasionally use web beacons (also known as "tags", action tags, single-pixel GIFs, clear GIFs or invisible GIFs). These are deployed through a web analytics partner, which may be located outside the UK and may therefore store the related information there, including the User's IP address.

These beacons are placed both in online adverts that lead users to the Site and on the Site's various pages.

This technology allows Bireka to measure visitors' responses to the Site and the effectiveness of its actions (for example, how many times a page is opened and what information is viewed), as well as how the User uses the Site.

The external provider may collect information about visitors to the Site and to other websites through these beacons. It may produce reports on the Site's activity for Bireka and provide other services related to the use of the Site and the internet.

Web beacons used for analytics or advertising purposes are only activated with your consent.

10. Governing law and jurisdiction

This Legal Notice is governed by the laws of England and Wales. You can bring legal proceedings in the courts of England and Wales. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.