Legal Notice

LEGAL NOTICE

Publisher

The Internet site accessible at https://www.agencewebcom.com (hereinafter referred to as the "Site") is published by Hôtel Littéraire Le Swann, a company incorporated under French law, registered with the Paris Trade and Companies Register under number Paris; VAT number 922 486 352 000011 with a share capital of €1,000.00 and whose registered office is located at 24, rue d'Armaillé 75017 Paris; telephone number (+33) 03 83 30 20 20 (hereinafter referred to as "Hôtel Littéraire Le Swann").

Access to the Site and use of its content are subject to the terms of use described below. Accessing and browsing the Site constitutes unreserved acceptance by the Internet user of the following details: The Site is hosted by Agence WEBCOM, 22 rue Larrey - 75005 Paris; telephone number: +33 (0)1 83 56 95 62.

Official website: www.agencewebcom.com

INTELLECTUAL PROPERTY RIGHTS

The Site, as a whole, and together with each of its components (in particular, texts, diagrams, tree structures, software, animations, images, photographs, illustrations, videos, graphic or editorial representations, logos, etc.) constitute intellectual works protected by the French Intellectual Property Code as well as by any other applicable international legislation.

Hôtel Littéraire Le Swann is the only party entitled (directly or through licences or authorisations) to use the elements composing the Site, domain names, brands, models, etc., as well as all images and editorial content reproduced on the Site.

The use of all or part of the Site, in particular by download, reproduction, transmission, representation or distribution for purposes other than consultation and use of the Site for personal and private purposes by the Internet user for non-commercial purposes is strictly prohibited. Violation of these provisions exposes its author to the penalties provided for both by the Intellectual Property Code, in particular for infringement of copyright and trademark rights, and by the Civil Code in terms of civil liability.

The creation of any hypertext link to any of the web pages or elements composing the Site is forbidden save with the prior written authorisation of Hôtel Littéraire Le Swann, which authorisation may be revoked at any time. Any content, internet site or other site with a hypertext link to the Site or to any of the elements that compose it are not under the control of Hôtel Littéraire Le Swann and the latter therefore declines all responsibility (in particular, editorial responsibility) concerning access to these sites and their content.

Photo & Cinemagraph: ©

SITE AVAILABILITY

Hôtel Littéraire Le Swann makes every effort to keep the Site permanently accessible, but is under no obligation to do so. Hôtel Littéraire Le Swann may therefore interrupt access to the Site, in particular for maintenance or updating purposes, or for any other reason, in particular technical or editorial, without prior notice or information to Internet users. Hôtel Littéraire Le Swann may not be held accountable for any consequences of said interruptions, either to Internet users or any third party.

Furthermore, Hôtel Littéraire Le Swann cannot be held accountable should Internet users be unable to access all or part of the Site due to technical faults or problems, including, but not limited to, the following:

Internet network failure and/or congestion,
failure of Internet service providers,
human or electrical error,
any malicious intervention,
any software or hardware malfunction,
force majeure.

CONSUMER OMBUDSMAN

In the absence of a satisfactory response to your complaint, within a maximum period of 60 days from written notification, you can, if you wish, resort by post to a conventional mediation procedure with the Mediator of Cooperative and Associated Commerce - FCA (organization approved by the European Commission):

Médiateur du Commerce Coopératif et Associé - FCA (organisme agréé par la Commission Européenne)

www.mcca-mediation.fr (claim form: http://www.mcca-mediation.fr/recours-au-mediateur-de-la-consommation.)

77, rue de Lourmel - 75015 Paris,

We also inform you of the existence of a European Online Dispute Resolution (“ODR”) platform which you can also use. The Internet user can access it from the following link:

http://ec.europa.eu/consumers/odr/.

BLOCTEL SERVICE

To stop receiving unsolicited marketing and sales calls, you can register on the Bloctel list.

DISPUTES

In the event of a dispute between the professional and the consumer, both parties shall endeavour to find an amicable solution.

In accordance with article 14 of regulation 524/2013 of 21 May 2013, the consumer will be able to submit a complaint via the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

RETRACTION RIGHT

Pursuant to Article L221-28 of the French Consumer Code, the consumer does not qualify for the right to retract.

LIABILITY

Hôtel Littéraire Le Swann endeavours to ensure, to the best of its ability, that the information published on the Site is accurate and up to date, and reserves the right to modify the content of the Site at any time and without prior notice.

However, Hôtel Littéraire Le Swann cannot guarantee the accuracy, precision and exhaustivity of the information made available on the Site, which information constitutes neither a guarantee nor a commitment on the part of Hôtel Littéraire Le Swann with regard to the Internet user. In particular, Hôtel Littéraire Le Swann cannot be held responsible for:

any imprecision, inaccuracy or omission of said information;
any damage resulting from computer hacking by a third party leading to modification of said information;
and, more generally, for any damage, direct or indirect, whatever the cause, origin, nature or consequences, linked to access (or the impossibility of accessing the Site), to the content, to the use of the Site and/or to the credit given to any information originating from the Site.

PERSONAL DATA PROTECTION

HOTEL LITTERAIRE LE SWANN is a simplified joint stock company with capital of €978,000, with registered offices at 24 rue d'Armaillé - 75017 PARIS, registered with the Paris Trade and Companies Register under number B 922.486.352 -- email: rgpd@hotelslitteraires.fr (hereinafter the "Company").

The Company operates a hotel called HOTEL LITTERAIRE LE SWANN located at 15 rue de Constantinople (75008) Paris (hereinafter the "Hotel").

The Hotel belongs to the Hôtels Littéraires collection, operated by the Société des Hôtels Littéraires (a simplified joint stock company registered in the CLERMONT-FERRAND Trade and Companies Register under number 392 425 658, with its registered office at 16, place Delille 63000 CLERMONT-FERRAND, hereinafter the "Société des Hôtels Littéraires").

Each of these hotels is driven by the desire to offer its guests a journey into the world of a great French author:

Hôtel Littéraire Marcel Aymé, in Paris,
Hôtel Littéraire Arthur Rimbaud, in Paris,
Hôtel Littéraire le Swann, in Paris,
Hôtel Littéraire Gustave Flaubert, in Rouen,
Hôtel Littéraire Alexandre Vialatte, in Clermont-Ferrand,
Hôtel Littéraire Stendhal, in Nancy.

The hotels listed above are operated by independent companies, with the exception of the Hôtel Littéraire Alexandre Vialatte in CLERMONT-FERRAND, which is operated directly by the Société des Hôtels Littéraires.

The Company therefore processes the personal data of its customers and Internet users who so request, and may also transfer all or part of said data to the Société des Hôtels Littéraires as part of its activity as host of the Hôtels Littéraires collection. The conditions of this transfer are described in this Privacy Policy.

The Company may also receive and process personal data transmitted by the Société des Hôtels Littéraires, for any request or solicitation from an Internet user or customer in connection with the Hotel.

The Company commits to comply with the provisions of Act 78-17 on Data Processing, Data Files and Individual Liberties of 6 January 1978 as amended and the General Data Protection Regulation (EU Regulation 2016/679) or "RGPD" and to take all necessary precautions to preserve the security of the personal information entrusted to it.

Personal data may be collected on various occasions, including:

Hotel activities:

Rooom booking;
Check-in and payment;
Stay at the Hotel and services offered during the stay;
Consumption in the Hotel bar or restaurant during a stay;
Requests, complaints and/or disputes.

Participation in marketing programmes or events:

- Contribution to satisfaction surveys;
- Subscription by the Internet user to newsletters, or to any other occasional or regular communication service enabling the user to receive offers and promotions by e-mail or by any other means of communication.

The data collected by the Company is as follows:

contact details (e.g. surname, first name, telephone number, email address) ;
personal information (e.g. date of birth, nationality);
information about children (e.g. first name, date of birth, age);
bank details (such as credit card number, for transaction and booking purposes);
information contained in an identity document (e.g. identity card, passport or driver’s license);
arrival and departure dates for a hotel stay;
preferences and interests (e.g. smoking or non-smoking room, preferred floor, type of bedding, etc.);
questions/comments from Internet users during or following a stay at the Hotel;
technical and location information generated in the course of using the Hotel's website.

The collection of information on persons under the age of 16 is limited to their name, nationality and date of birth, which can only be provided by an adult. We thank Internet users for ensuring that their children do not send us any personal data without their permission (particularly via the Internet). In the event of such a transmission, you may contact the Company at rgpd@hotelslitteraires.fr in order that this information may be deleted.

RIGHT TO RETRACT:
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the provision of accommodation services other than residential accommodation, goods transport services, car rentals , catering or leisure activities which must be provided on a specific date or period.

Right of access, rectification, limitation and deletion:

Internet users may at any time exercise their right to access, rectify, delete or object to the information provided at the time of registration or subsequently, by contacting the Company by post at the following address: HOTEL LITTERAIRE LE SWANN 15 rue de Constantinople (75008) in Paris or by email at rgpd@hotelslitteraires.fr.

In particular, Internet users have the right to obtain information and access to their personal data collected by the Company, subject to the applicable legal provisions.

They also have the right to have their data rectified, deleted or to limit the processing thereof and, in particular, to oppose the processing of their data, in particular to oppose the sharing of data relating to their stays, preferences and satisfaction between the establishments in the Hôtels Littéraires collection and/or with the Société des Hôtels Littéraires.

For any claim relating to the personal data of an Internet user, the latter must attach a copy of an identity document to his/her request, in order to certify that the personal data concerned is indeed his/her own.

Right to object:

In addition to their right of access, rectification, limitation and deletion, Internet users have, in any event, a right of objection concerning the use of their personal data, which they may submit to the CNIL:

https://www.cnil.fr/fr/agir

Purposes of processing personal data and retention period:

The Company only processes the personal data of Internet users necessary to process their request, and only stores it for the shortest possible time, in accordance with the recommendations of the CNIL.

Below is a list of the purposes for which personal data collected on this site may be used:

Purpose/Activity	Legal basis for processing, including legitimate interest pursued	Storage life
To fulfill our obligations to our customers.	Processing necessary for the performance of a contract to which you are a party. Processing necessary to comply with a legal obligation. Processing necessary for the pursuit of our legitimate interest in managing our business and providing you with the products and services you have requested.	10 years from the date of booking, in accordance with our legal obligations.
To manage room reservations and accommodation requests, in particular to draw up and keep legal documents in compliance with accounting standard.
To manage your hotel stay: Room access management Consumption tracking (telephone, bar, payTV, etc.).	Processing necessary for the performance of a contract to which you are a party. Processing necessary for the pursuit of our legitimate interest in managing our business and providing you with the products and services you have requested.	The duration of your stay.
To manage our customer relations prior to, during and after your stay: Qualification of the customer database. Segmentation operations based on booking history and your travel habits with a view of sending targeted communications, in accordance with European ePrivacy Directive (2002/58/EC as amended in 2009) obligations. Establishment of statistics and commercial scores, and reporting actions. To provide contextual data to marketing tools. This happens when a customer visits the hotel's website or makes a reservation. To know and mange customer preferences. To send you newsletters, promotions and tourism, hotel or service offers, or the offers of partners of the Hotel or the Société des Hôtels Littéraires, or contact you by telephone, in accordance with European ePrivacy Directive (2002/58/EC as amended in 2009) obligations.	Processing necessary for the pursuit of our legitimate interest consisting of promoting our services, carrying out direct marketing actions (taking into account your commercial relationship with one of the entities in the Hôtels Littéraires collection) and improving our services.	3 years from the date on which you were last active with us in any way whatsoever.
Improve our hotel service, in particular: Personalise your welcome at the hotel, improve service quality and customer experience. Process your personal data as part of our customer marketing programme, in order to carry out marketing operations, promote brands and gain a better understanding of your needs and wishes. Personalise the commercial offers and relational messages sent to you. Inform you of special offers and any new service created by the Hotel, the Société des Hôtels Littéraires or one of its partners.	Processing necessary for the pursuit of our legitimate interest consisting of promoting our services, carrying out direct marketing actions (taking into account your commercial relationship with the hotel) and improving our services.	3 years from the date on which you were last active with us in any way whatsoever.
Organise, promote and manage the distribution of prizes and the aftermath of competitions organised by the Société des Hôtels Littéraires and/or the Hotel.	Processing necessary for the performance of a contract to which you are a party. Processing necessary for the pursuit of our legitimate interest consisting in promoting our services, carrying out direct marketing actions (taking into account your relationship with the Société des Hôtels Littéraires and/or the Hotel and/or your participation in the proposed competition).	If you have taken part in the competition: for the duration of the competition and the distribution of the prizes. If you have submitted a request, complaint or asked a question about the competition: for the time required to process your request. If you have agreed to receive promotional offers or have subscribed to a newsletter on the occasion of your participation in the competition: for the period stipulated above for this purpose, i.e. 3 years from the date on which you were last active with us in any way whatsoever.
Carry out cross-checks, analyses and combinations via a trusted third party of your data collected upon booking or during your stay, in order to determine your points of interest, your customer profile, and to enable us to send you personalised offers.	Processing necessary for the pursuit of our legitimate interest in promoting our services, carrying out direct marketing actions (taking into account your commercial relationship with the Hotel) and improving our services.	3 years from the date on which you were last active with us in any way whatsoever.
Improve Hotel services, in particular: Carrying out studies and analyses of customer questionnaires and comments. Complaint handling.	Processing necessary for the performance of a contract to which you are a party in connection with the management of your loyalty programme membership. Processing necessary for the pursuit of our legitimate interest of promoting our services, carrying out direct marketing actions (taking into account your commercial relationship with the Hotel) and improving our services.	3 years from the date on which you were last active with us in any way whatsoever.
Secure and improve your use of the Hotel's websites, in particular: Improved navigation Support and maintenance, and Implementation of security and fraud prevention measures.	Processing necessary for the pursuit of our legitimate interest in managing our business, and providing IT, administration and network security services in order to prevent fraud.	13 months from the date of collection of the information.
In-house management of a list of customers who have behaved inappropriately during their stay at the hotel (assault and incivilities, failure to comply with the hotel contract, failure to comply with safety rules, theft, damage and vandalism or payment incidents).	Processing necessary for the pursuit of our legitimate interests consisting of managing our activities, and carrying out IT, administration and network security services in order to prevent fraud.	Up to 122 days from the registration of an event.

Secure payment operations by determining the fraud risk level associated with each transaction. On this occasion, the Hotel may use the services provided by the risk prevention service provider appointed by Société des Hôtels Littéraires to sharpen their analysis. Depending on the analysis results, the Hotel may decide to take appropriate safety measures, in particular requesting that the Customer use another reservation channel or another payment method. The effect of these measures will be to suspend the execution of the reservation or, if the analysis result does not guarantee a secure booking, to cancel it. Fraudulent use of a means of payment leading to a payment default may result in the customer being registered in the incident file of members of the Hôtels Littéraires collection, which could lead to future payments being blocked or additional checks being undertaken.	Processing necessary for the pursuit of our legitimate interest in managing our activities and preventing the risk of fraud.	90 days for analysis and control purposes, then 2 years in a separate database for the purpose of improving system operations. In the event of registration in the incident file, 2 years from the date of registration, or until the situation is remedied, whichever comes first.
Protecting people and property and preventing unpaid bills. In this context, the Hotel may have a function enabling it to classify as "inoperative" any Customer who behaves inappropriately in the following categories: assault and incivility, non-compliance with the hotel contract, non-compliance with safety rules, theft, damage and vandalism, or payment incidents. The status of "inoperative" may lead the Hotel to refuse the Customer a reservation when the Customer comes back to the Hotel.	Processing necessary for the pursuit of our legitimate interest in managing our business, safeguarding property and persons and preventing unpaid bills.	122 days from the reservation date.
Use the necessary services to search for the identity of people present in the hotel in the event of serious events affecting aid establishment (natural disasters, terrorist attacks, etc.).	Processing necessary to protect the vital interests of customers.	For the duration of the event.
Comply with all applicable legislation (e.g. retention of accounting records), including: Manage requests to unsubscribe from newsletters, promotions, tourism offers and satisfaction surveys. Manage requests from individuals concerned with personal data protection.	Processing necessary to comply with a legal obligation.	For the period stipulated in the applicable legislation.

Legal basis for processing:

Personal data collected on this site will only be used if:

the Company has obtained the Internet user's consent; or
the processing of such data is necessary for the performance of a contract to which the Internet user is a party; or
the processing of such data is necessary to comply with a legal obligation; or
the processing of such data is necessary in order to protect the vital interests of the individual; or
by processing such data, the Company pursues a legitimate interest in using personal data and that such use does not infringe the freedoms and interests of the person concerned.

Compulsory or optional nature of data collection:

When personal data is collected from Internet users on this site, the compulsory or optional nature of this collection is indicated to the Internet user (in particular by the presence of asterisks in the fields intended to collect compulsory information), and the consequences of failing to provide compulsory data are also indicated (for example: it is impossible to make a reservation without providing the name of the person making the reservation, etc.).

The data collected on a mandatory basis by the Company corresponds to the minimum necessary for the implementation of the purpose pursued by each of these collections.

Recipients of the personal data collected:

The primary recipient of personal data collected on this site is the Company, which operates the Hotel.

In order to carry out certain activities or purposes, the data collected may be transmitted to or processed by a third party.:

by Société des Hôtels Littéraires
by a third party:

- technical addressees :
- Hoist group, one of the two companies that manage our booking software:

https://www.hoistgroup.com/fr/nouveautes-hoist/2017/12/22/hotsoft-gdpr-compliance-faq-8/?l=1

D-edge, one of the two companies that manage our booking software:

https://www.d-edge.com/privacy-policy/c

Transfert of data outside the European Union:

Transfer of data outside the European Union:

The hotel booking software operated by D-edge, and used by our Company, is hosted in the United Kingdom.

As part of the Trade and Cooperation Agreement reached on 24 December 2020, the United Kingdom and the European Union have agreed that the GDPR will remain applicable on a transitional basis in the United Kingdom for up to a maximum of six additional months. The transfer of our customers' personal data for outsourcing by D-edge therefore remains subject to our Privacy Policy, which will be adapted at the end of the aforementioned transitional period.