Legal Notices
General information
This website (hereinafter the “Site”) was created and produced by Superunion. The site is published and hosted by: Fondation H. Director of Publication: Margaux HUILLE
The Director of Publication of the site is Margaux HUILLE in her capacity as Director of Fondation H.
Head Office : Rue Refotana Ambatomena – Antananarivo – MADAGASCAR
Foundation recognized as a public utility by Decree No. 2018-159 of 27/02/18
NIF : 6002982885
STATISTICS : 94951 11 2018 0 02110
Email : contact@fondation-h.com
Telephone : +261 38 05 500 50
Graphic Design & Development : Superunion
Hosted by : STELLARIX
Navigation on this Site is subject to applicable regulations.
The present Legal Notices of the site define the general conditions of use of the site (hereinafter the “General Terms and Conditions of Use” (GTCU)) to which users are subject when browsing the Site. Access to and use of the site implies the User’s unreserved acceptance of the provisions set out in these legal notices.
Use and Access to the Site
Access and use of the Site implies unreserved acceptance by the User of the provisions set out in the GTCU. Fondation H reserves the right to modify at any time the General Terms and Conditions of Use (Legal Notices). The last version in force of the General Terms and Conditions of Use is permanently accessible on the Site via the tab “Legal Notices” and can be consulted at any time by the Users.
Any User who does not wish to accept all or part of the General Terms and Conditions of Use or any subsequent modifications, must refrain from using the Site.
The Site is accessible free of charge at the following address : www.fondation-h.com
Fondation H reserves the right to interrupt or temporarily suspend access to the Site or to modify access to it for maintenance or any other reason without this giving rise to any right to compensation for the User.
To be able to use the Site, the User must have computer equipment compatible with the minimum technical specifications of www.fondation-h.com. Before any use of the Site, the User must ensure that his or her computer equipment is compatible with its use and the products and services available on the Site. Under no circumstances may Fondation H be held liable if the User is unable to access the Site.
Intellectual Property Rights
The Site is the exclusive property of Fondation H. The Site and all its contents, including texts, still or animated images, databases, programs, etc., are protected by copyright. Fondation H is the owner and/or has the authorization to use all rights relating to the logos, trademarks, distinctive signs, texts, illustrations, photographs, images and videos, as well as the databases and software used in the operation of the Site.
Fondation H only grants users of the Site an authorization to visualize its contents on a personal and private basis, to the exclusion of any public viewing or diffusion. Authorization to reproduce is granted to Users only in digital form on their consultation computer for the purposes of viewing the pages consulted by their browser software. Printing on paper is authorized for the purposes of private copying for the exclusive use of the copier.
Any other use not expressly mentioned is not permitted and requires the prior agreement of Fondation H.
Links to our Site
Users may create a link to the homepage of the Site for non-commercial purposes, in accordance with the legal or regulatory provisions in force and insofar as this does not damage the reputation of Fondation H or the User derives any profit from it. The link site (hereinafter the “Link Site”) must not disseminate content of a pornographic nature, contrary to public decency, insulting, racist, discriminatory or consisting of incitement to crimes and offences and to hatred based on race, religion, sex, appearance or of any other nature, or containing any false, inaccurate or erroneous statement.
Users are expressly prohibited from linking to the Site in such a way as to suggest any form of association, approval or endorsement by Fondation H that does not exist. Users shall not remove or obscure by framing or otherwise, any advertisements, and more generally any content published on the Website.
If Fondation H authorizes a link to the Link Site, this link must be set up under the following conditions :
- the link made to one or more pages of the Site must not be such as to createconfusion in the mind of the User between the Link Site, containing the link, and the Site;
- under no circumstances does the authorization granted by Fondation H mean that : (i) Fondation H sponsors, cooperates, verifies or supervises the content and/or services provided by the Link Site, or (ii) Fondation H is responsible for the content of the Link Site;
- the Link Site must comply with the law and may not disseminate content (i) that is illegal, harmful or that would contravene ethics and good morals (pornographic, violent, racist, etc.) and (ii) that is likely to mislead or deceive Users about Fondation H or its activities, products and services.
Fondation H reserves the right to withdraw the authorization of the link at any time and without prior notice. In any case, in case of violation of any of the above conditions, Fondation H will proceed immediately and without prior notice to deactivate the link.
Links to other sites
From this Site, you can access other Internet sites via redirection URLs. These third-party sites are not under the control of Fondation H, which is not responsible for the availability of the sites and their content. The provision of links is intended for the information of Users and does not imply any responsibility on the part of Fondation H
Warranty / Liability
Fondation H will make its best efforts to provide Users with up-to-date and recent information. However, Fondation H cannot be held responsible for any errors, omissions or results obtained through misuse of this information. Similarly, Fondation H cannot be held responsible for messages, content or information of which it is not the direct author. Fondation H undertakes to correct any errors or omissions as soon as they are brought to its attention, and more generally to modify at any time all or part of the Site as well as these provisions without being held responsible for this.
Downloading of any material when using the service will be at the Users’ own risk. Users will be solely responsible for any damage to or loss of data from their computer resulting from such downloading.
More generally, Fondation H shall in no case be liable for any direct and/or indirect damage resulting from the use of this Site.
- User Liability
The User undertakes to comply with all the legislative and regulatory provisions in force, and in particular not to put online, communicate or transmit information, content, images or messages likely to be considered insulting, defamatory, racist, contrary to morality and decency, pornographic, discriminatory or a provocation to crimes and offences and to hatred based on race, religion, sex, appearance or any other nature. Such content will be immediately deleted by Fondation H.
The User undertakes to respect the rights of third parties and in particular the rights of intellectual property and the right to privacy as detailed in the article “Intellectual Property” above.
The User also undertakes not to alter the operation of computer systems or to usurp or misappropriate the identifiers, names or attributes of other Users, and generally not to carry out any action of any kind whatsoever that may create confusion in the minds of Users.
The User undertakes not to behave in such a way as to damage the image, interests and rights of Fondation H or of a third party, or to carry out any action that may damage, alter, interrupt, overload or hinder the normal functioning of the Site.
In case of violation of the GTCU, Fondation H reserves the right to limit, suspend and stop the User’s access to the Website and to take all technical measures to this effect.
The User is solely responsible for the use he or she makes of the services available on the Site, whether in free access without identification or from his/her account.
The User is responsible for the content, messages, information or images that he/she puts online and will be held responsible for any direct or indirect damage of any nature whatsoever, caused by any use of the Site or any other breach of these GTCU.
Data Protection
Personal Data Protection (General Data Protection Regulation, GDPR)
The General Data Protection Regulation (GDPR) has been in force since May 25, 2018. It defines the rules applicable to individuals, private companies and public bodies aimed at protecting individuals with regard to the use of their personal data.
The GDPR applies to any companies, which in the course of their activities collect personal data on European citizens.
As a reminder, personal data is any information that makes it possible to identify a natural person. It can be a name, an e-mail address or a telephone number. As an art foundation, the Fondation H is obliged to comply with this new legislation and protect the privacy of its visitors.
WHAT KIND OF PERSONAL DATA ARE COLLECTED ?
The only data we are required to know about Users are those transmitted by email by the User when they wish to contact us via the contact email address indicated on the Site, on Fondation H website when you subscribe to the newsletter or when you manually fill in the mailing list at Fondation H in Antananarivo or Paris. The data is subsequently collected in a digital register.
FOR WHAT PURPOSES ARE PERSONAL DATA USED ?
To inform visitors and art lovers, by electronic means, of exhibition programs. The data provided by the User when contacting us will be used by Fondation H solely for the purpose of responding to the User’s request and informing the User, by electronic means, of exhibition programs.
Under no circumstances will this data be used for commercial purposes or shared with a third party, unless required by law or regulation.
FOR HOW LONG ARE YOUR PERSONAL DATA BE KEPT ?
The data controller is obliged to delete the personal data of persons who have been inactive for 36 months.
WHAT ARE YOUR RIGHTS REGARDING PERSONAL DATA ?
By means of a written, dated and signed request sent to Fondation H’s head office address, you have the right to :
- obtain, free of charge, written communication or a copy of your personal data collected by the data controller;
- have any inaccurate, incomplete or irrelevant personal data corrected free of charge, as soon as possible and within one month at the latest, and to have any incomplete data completed;
- obtain the deletion of your personal data.
VI. WHO HAS ACCESS TO YOUR PERSONAL DATA ?
The data collected shall not be disclosed to a third party without your prior consent unless this is necessary to respond to your requests or if we are legally obliged to do so. No personal data shall be transferred outside the European Union.
VII. HOW ARE YOUR PERSONAL DATA PROTECTED ?
We have put in place appropriate security measures to protect and prevent the loss, misuse or alteration of personal data.
In accordance with personal data protection regulations, Users have the right to access, oppose, rectify and delete their personal data. Internet users may exercise this right by writing to us at the following email address : contact@fondation-h.com or by mail to Fondation H’s head office.
Security
Fondation H does its best efforts, within the framework of a general obligation of means, to provide Internet users with a secure site. Fondation H declines any responsibility as for the possible technical defects related to the use of the Site.
Applicable Law and Jurisdiction
The use of the Site is governed by the law of Madagascar.
Any dispute that could not be settled amicably between the parties will be submitted to the competent Malagasy jurisdiction.