Website « The Certified Garlic and Shallot Plant » (hereinafter referred to as « the Website »),
Accessible from the URL https://ail-echalote-certifie.org/en.

1. Website Information

The Website is the institutional website of  the Association of producers of certified planting material of garlic and shallot (hereinafter referred to as PROSEMAIL) whose head office is at the Chamber of Agriculture of Drome – Boulevard Vauban – 26000 Valence – France, Phone: +33 (0)4 72 78 51 10; and the French Interprofessional Organisation for Seeds and Plants (hereinafter referred to as GNIS) located at 44 rue du Louvre – 75001 Paris – France, Phone: +33 (0) 1 42 33 51 12.

> Publication Director: Catherine DAGORN

> Webmaster: Paul DUTRONC

> Production and Design: INTERCEPT’

> Hosting: OVH

> Photos: GNIS Photo Library, PROSEMAIL, Rustica, Camille Ferrari, Adobe Stock, Unsplash, Vimeo

> Links: The Website contains a number of hypertext links to other sites. However, GNIS and PROSEMAIL do not have the possibility of verifying the content of the sites thus visited, and will not therefore assume any responsibility for this fact.
The establishment of hypertext links is authorized, provided that the name and address of the Site are mentioned and subject to the rights attached to the iconography. These links should not, however, be used for commercial or advertising purposes.

2. Object and Scope of the Website

The purpose of the Website is:

> to inform on quality of the certified planting material, the organisation of the garlic and shallot sector, and in general manner, on their use and gardening techniques, as well as to publish the list of varieties registered in the Catalog with their photos and characteristics;

> to provide documentation on the sector and on garlic and shallot varieties;

> to answer to users’ questions;

> to publish the list and contact details of professionals in the sector.

The Website has two main targets:

> Individuals: amateur gardeners, consumers of garlic and shallot;

> Professionals: farmers producing garlic and/or shallot, distributors of garlic and/or shallot planting materials.

The information contained on the Website is strictly informative and does not imply any legal commitment or contractual agreement from GNIS and PROSEMAIL, who reserve their right to modify the characteristics of the Website.

3. Terms of Use

Use and consultation of the Website implies the full and complete acceptance of the Terms of Use described below. These terms of use may be modified or supplemented at any time, they are nevertheless binding for the user. In case of non-acceptance of the Terms of Use stipulated herein, the user must refrain from accessing to the services offered by the Website.

The Terms of Use must be accepted by any user wishing to access and use this Website. They constitute the contract between the Website and the User. Access to the Website and its use by the User means acceptance of these Terms of Use by him.

Except for specific documentation orders, the Website is freely available without charge to any user with Internet access. All charges incurred by the User to access the service (hardware, software, Internet connection, etc.) are the User’s responsibility.

Access to the Website services may at any time be subject to interruption, suspension, modification without notice for maintenance or any other case.

The User has the possibility to contact the Website by e-mail via the Contact section.

4. Intellectual Property and Counterfeits

All the elements appearing on the Website (texts, iconography, graphic or multimedia elements) are the property of GNIS, PROSEMAIL or the cited authors.

The User has only one right to use the content of the Site in the private and personal context or associations of gardeners. Apart from these uses, any copy, partial or total of this content must be the subject of a request to the Webmaster and is subject to prior written authorization.

Under these conditions, the information and captures (images, drawings, videos) present on the Site can be downloaded, reproduced, printed, subject to:

> not to modify such information or captures;

> reproduce on all copies the mention of the source (ail-echalote-certifie.org) and copyright;

> do not make commercial or advertising use of it.

GNIS and PROSEMAIL are not responsible for the use which could be made of the content of the pages of the Website, on a technical basis or for any other legal or illegal use.

The information communicated on the Website is provided for information only, without any implicit or explicit guarantee, and is liable to unintentionally contain technical and/or typographical errors.

Any unauthorized use of the Website or any element it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the French Intellectual Property Code.

5. Limitations of Liability

GNIS and PROSEMAIL shall not be held liable for direct or indirect damage to the User’s equipment when accessing the Website. In addition, the User of the Website agrees to access the Website using recent equipment, containing no virus and with an updated Internet browser of last generation.

GNIS and PROSEMAIL shall also not be held liable for consequential damages (such as for example a loss of market or loss of opportunity) resulting from the use of the Website.

GNIS and PROSEMAIL strive to provide as accurate information as possible. However, they shall not be held responsible for omissions, inaccuracies and deficiencies in the update, whether by their own doing or by third party partners who provide this information.

All information on the Website is subject to change. They are updated regarding applicable regulatory and legislative measures.

Any event due to a case of force majeure resulting in a malfunction of the network or server does not engage the responsibility of the Website, neither GNIS nor PROSEMAIL.

The ability to ask questions or leave messages is available to users by the Contact section. The GNIS and PROSEMAIL reserve their right to delete, without prior notice, any content posted in this space that would violate applicable laws, especially provisions on data protection. Where applicable, GNIS and PROSEMAIL also reserve their right to question the civil and/or criminal liability of the user, particularly in the event of a racist, offensive, defamatory or pornographic message, regardless of the medium used (text, photography, etc.).

6. Cookies

The Website uses or is likely to use cookies. The User is informed that these cookies are stored on his terminal and are intended to measure activity and traffic patterns on the Website in order to improve his experience.

A cookie is a small file downloaded to the User’s computer, tablet or any other mobile terminal when accessing the Website. It contains information which makes it possible to identify each time the User visits the Website. Data is encrypted for added security.

The User is informed that his terminal can be configured to be warned before accepting cookies and that he has the option of refusing them by blocking them in his browser.

The cookies that we store on your terminal allow us to:

> establish attendance statistics (number of visits, page views, route, connection location, recurrence and duration of visits, browser and operating system used, etc.);

> adapt the presentation of the Website to the display preferences of your terminal;

> memorize the information entered in the contact form.

These cookies do not identify you, but store information about your browsing.

The shelf life of cookies is a maximum of 13 months after the last connection.

6.1. Google Analytics statistics cookies

In order to analyze visits to the Website, we use Google Analytics, a website analysis service provided by Google Inc.

Google Analytics uses cookies to help us analyze the use of the Website. The data generated by cookies regarding your use of the Website (including your IP address) will be transmitted to and stored by Google on servers located in the United States. Google will use this information for the purpose of assessing your use of the Website, compiling reports on the activity of the Website intended for its publisher and providing other services relating to the activity of the Website and the use of Internet.

Google may communicate this data to third parties in the event of a legal obligation or when these third parties process this data on behalf of Google, including in particular the publisher of the Website.

The User can deactivate the use of Google Analytics cookies by selecting the appropriate settings on their browser. However, such deactivation could prevent the use of certain features of the Website. By using the Website, the User expressly consents to the processing of their personal data by Google under the conditions and for the purposes described above.

6.2. Other cookies issued by third parties via the Website

When browsing the Website, it is possible that one or more cookies from third-party companies are placed in the User’s terminal via pages of the Website: YouTube, DailyMotion, Twitter, Facebook, AddToAny, AddThis, Google Maps, etc.

All these cookies are deposited by services that we use to provide the User with content (text, video or audio), or allow him to share pages of the Website on social networks.

6.3. Configure the management of cookies in your browser

If you wish, you can authorize, block or delete the cookies installed on your terminal. For this you must configure the options of your browser or adapt the privacy options of your extension. Please note that refusing to install a cookie may make it impossible to access certain services.

For the management of cookies and your choices, the configuration of each browser is different. It is described in the help menu of your browser, which will allow you to know how to modify your wishes regarding cookies:

> Chrome®

> Firefox®

> Internet Explorer®

> Microsoft Edge®

> Opera®

> Safari®

7. Management and Protection of Personal Data

When collecting and processing information provided on the Website, GNIS and PROSEMAIL undertake to respect and enforce the regulations in force, applicable to personal data processing and, in particular, Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from May 25, 2018 (General Data Protection Regulation) and the French Law No. 2018-493 of June 20, 2018 on the protection of personal data.

When accessing this Website, the following elements can be collected: the URL of the links through which the User accesses the Website, the access provider of the User, and the Internet Protocol (IP) address of the User.

7.1. Purpose and basis of the processing of personal data collected

The legal basis of the data treatment is:

> On the one hand to the general interest mission of the GNIS as an agricultural interbranch organisation; GNIS provides operators with elements to improve knowledge and transparency on the production and market of seeds and seedlings;

> And secondly, the legitimate interests of PROSEMAIL as a producers’ association of certified planting material of garlic and shallot, namely to provide information on the sector and varieties of garlic and shallot.

The finality of the processing of personal data is:

> to answer questions via contact form or email; the collected data are: Email, Country, Professional Activity.

7.2. Storage of personal data

The conservation period of information collected, in particular via the contact form or the e-mail, shall not exceed what is necessary to achieve the purpose for which the data were collected or processed. Collected personal data are automatically deleted within one year after processing.

If the storage or processing is carried by processors outside GNIS and PROSEMAIL, the latter shall ensure that their processors act in accordance with the legislation in force.

7.3. Rights of access, opposition, rectification and deletion of personal data

The User is informed that he has a right of access, opposition, rectification and deletion of his/her personal data according to the terms and conditions of the legislation in force.

Each User can at any time refer to the data protection officer of GNIS at the following address: delegue_protection_donnees@gnis.fr by compulsorily reporting the proof of the User’s identity, in particular by the production of a scan of his/her valid identity document.

In this case, GNIS undertakes to communicate to the User the information on the measures taken as soon as possible, and in any event, within a period of one month from the receipt of the request. If necessary, this period can be extended by two months, given the complexity and the number of requests. The GNIS informs the applicant of this extension and the reasons for the postponement within one month of receipt of the request.

The GNIS has the right, where appropriate, to oppose requests for access and communication of personal data which are obviously unfair (by their number, their repetitive or systematic nature).

If the User finds that GNIS does not respect it obligations with regard to their personal data, the User can address a complaint or a request to CNIL which is the competent authority in France. The User can send a request electronically by clicking on the following link: https://www.cnil.fr/fr/plaintes/internet.

No personal data of the Website User is published without his knowledge, or exchanged, transferred, assigned or sold on any types of support to third parties in the EU or in a third country, outside the processors authorized by GNIS and PROSEMAIL.

The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.

8. Applicable Law and Jurisdiction

These Terms of Use are subject to French law.

They are established in French, notwithstanding any translation that may be made elsewhere. In any case, the French version of these Terms of Use will prevail over any other version in a foreign language.

In the event of a dispute concerning the validity, interpretation or execution of the present, GNIS and PROSEMAIL on the one hand, and the user, on the other, agree to come closer and try to find an amicable solution to their dispute within sixty (60) calendar days.

In the event of failure in the search for an amicable solution, any dispute concerning the interpretation, the validity, and / or the execution of the present ones will be submitted to the competent courts of Paris, including in case of plurality of defendants or appeal in guarantee, for the procedures tending to obtain emergency or conservatory measures, in emergency or on request.

 

GNIS and PROSEMAIL.