WEBSITE TERMS OF USE

 Definitions

 Customer: any natural or legal person visiting the Site, which is the subject of these general terms.

Service provisions and Services: https://tahiapearls.com makes the following available to Customers:

Content: all elements making up the information available on the Site, in particular: texts – pictures – videos.

Customer information: hereinafter known as “Information” corresponding to all personal data likely to be held by: https://tahiapearls.com to manage your account, customer relations and for analytical and statistical purposes, or compliance with legal obligations.

User: Internet user connecting to and using the above-named Site.

Personal information: information used to identify, in any form whatsoever, directly or indirectly, the natural persons they apply to (Article 4 of Law No. 78-17 of January 6, 1978).

The words “personal data”, “person concerned”, “subcontractor” and “sensitive data” have the meaning as defined by the GDPR (GDPR – Order No. 2018-1125 JOPF 12/21/2018).

1. Presenting the Website

 By virtue of Article 6 of Law No. 2004-575 of June 21, 2004 regarding trust in digital economy (published in French Polynesia JOPF 8/26/2004), the identity of the various participants within the framework of its making and follow-up is specifically indicated to users of the https://tahiapearls.com website.

Owner: EURL BLACK PEARL GEM COMPANY (Tahia Pearls), capital stock amounting to XPF 1,000,000 – 91 Avenue Pomare V – 98713 Papeete – Tahiti – French Polynesia – Corporate Register of Papeete No. TPI 9985B and TAHITI No. 501 791 (EURL BPGC)

Publications officer: Tahia Haring – +689 40 54 06 00

Webmaster: Yann – [email protected]

Host: Infomaniak – Rue Eugène-Marziano Les Acacias 251227 Geneva +41 22 820 35 44

Data Protection Officer: Tahia Haring –  [email protected]

 

2. General terms of use of the website and services offered

The Site is an intellectual work protected by the provisions of the Intellectual Property Code of French Polynesia and the International Regulations as applicable in French Polynesia.

The Customer is in no way allowed to re-use, transfer or exploit all or part of the Site’s elements or works for its own account.

Using the https://tahiapearls.com site implies full acceptance of the hereinafter described general terms of use. The terms of use are likely to be modified or supplemented at any time; users of the https://tahiapearls.com site are therefore invited to check them on a regular basis.

This Website is usually accessible by users at any time. Any interruption for technical maintenance purposes may nevertheless be decided by https://tahiapearls.com, which will then endeavor to give users prior notification of dates and times of maintenance.

The https://tahiapearls.com site is regularly updated by https://tahiapearls.com. Similarly, legal notices may be modified at any time: they are nevertheless necessary for users who are invited to refer to them as often as possible to be kept informed.

 

3. Description of services supplied

The purpose of the https://tahiapearls.com Internet site is to provide information covering all of the Company’s activities.

EURL BPCG (TAHIA PEARLS) endeavors to provide as accurate an information as possible on the https://tahiapearls.com site. However, it cannot be held liable for omissions, inaccuracies and deficiencies in the updating, whether they are due to EURL BPCG (TAHIA PEARLS) or third-party partners providing the information.

Any information indicated on the https://tahiapearls.com site is given on an indicative

basis and may be changed. Also, the information shown on the https://tahiapearls.com site is not exhaustive and is given subject to modifications made since it was put online.

 

4. Contractual limitations on technical data

The Site uses the JavaScript technology.

The Website cannot be held liable for material damage connected with use of the Site.

Also, users of the Site undertake to access the Site by using recent equipment, free from viruses as well as an updated last-generation browser.

The https://tahiapearls.com site is hosted by a service provider in the European Union area, in pursuance with the GDPR provisions.

The objective is a service offering the best accessibility rate.

The host guarantees the continuity of its 24/24 service, every single day of the year but nevertheless reserves the option to discontinue the hosting service with the shortest possible interruption time, with particular respect to purposes of maintenance, upgrading of its infrastructures, in case of infrastructure failures or if the Service provisions and Services generate a traffic deemed abnormal.

https://tahiapearls.com as well as the host cannot be held liable in case of malfunctioning Internet network, telephone lines or computer and telephony equipment related, in particular, to network congestion preventing access to the host.

 

5. Intellectual property and counterfeiting

EURL BPGC (TAHIA PEARLS) is the owner of the intellectual property rights and holds the rights of use on all elements accessible on the Internet network, with particular respect to texts, pictures, graphics, drawings and models, logos, videos, icons and sounds.

Any reproduction, representation, modification, publishing, adaptation of all or part of the Site’s elements, regardless of the means or process used, is prohibited, except with prior authorization in writing from EURL BPGC (TAHIA PEARLS).

Any unauthorized use of the site or one of its elements will be regarded as counterfeiting and sued in pursuance with the provisions of the Intellectual Property Code of French Polynesia.

 

6. Limitations of liability

EURL BPGC (TAHIA PEARLS) acts as publisher of the site. https://tahiapearls.com is responsible for the quality and truthfulness of the Content published.

EURL BPGC (TAHIA PEARLS) cannot be held liable for direct or indirect damage caused to user’s equipment upon accessing the https://tahiapearls.com site, and resulting either from equipment failing to meet the specifications indicated in point 4, or the appearance of a bug or some incompatibility.

EURL BPGC (TAHIA PEARLS) cannot be held liable either for indirect damage (such as loss of market or of an opportunity) consecutive to using the https://tahiapearls.com site.

Interactive spaces (opportunity to ask questions in the contact area) are available to users. EURL BPGC (TAHIA PEARLS) reserves the right to delete, without prior formal notice, any content lodged in that space that would infringe the laws as applicable in French Polynesia, with particular respect to provisions relating to data protection. If necessary, EURL BPGC (TAHIA PEARLS) also reserves the option to implicate the user’s civil and/or criminal liability, particularly in case of racist, offensive, slanderous or pornographic messages, regardless of the medium used (text, photography, etc.).

 

7. Personal data management

The Customer is informed of the regulations relating to marketing communication, the Law of June 21, 2014, the Law of August 6, 2004 modifying Law No. 78-17 of January 6, 1978, as well as of the GDPR, for those of their provisions as applicable in French Polynesia.

7.1 Personal Data Collection Officer

 Regarding personal data collected as part of creating the User’s personal account and his browsing on the Site, the Personal Data Collection Officer is: EURL BPGC (TAHIA PEARLS), represented by Tahia Haring, as legal representative of the Company and DPO.

As the person responsible for the processing of data collected by her, she undertakes to comply with the legal provisions in force. She is particularly responsible for establishing the purposes of her data processing, providing her prospects and customers, based on receipt of their consent, with complete information on the processing of their personal data and keeping a Register of processing operations in accordance with reality and the legislation in force.

Every time EURL BPGC (TAHIA PEARLS) processes Personal Data, it takes every reasonable measure to ensure the correctness and relevance of Personal Data against the purposes of the treatment thereof.

 

7.2 Purpose of data collection

 EURL BPGC (TAHIA PEARLS) (https://tahiapearls.com) may possibly process all or part of the data:

• To provide browsing on the Site and the management and traceability of service provisions and services ordered by the user: data for site connection and use, billing, history of orders, etc.
• To prevent and fight against computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed).
• To improve Site navigation: connection and utilization data.
• To conduct optional satisfaction surveys on https://tahiapearls.com:

e-mail address.

• For compliance with legal obligations (customs, VAT, etc.): last name, first name, phone number, e-mail address, geographical and postal address of place of residence, date of birth, amount of purchases.
• For commercial customer follow-up: last name, first name, phone number, e-mail address, geographical and postal address of place of residence, date of birth, models purchased.

EURL BPGC (TAHIA PEARLS) does not market your personal data, which are therefore used strictly out of necessity, for compliance with legal obligations, statistical and analytical purposes, or for the purpose of its own commercial follow-up.

 

 7.3 Right of access, correction and opposition

 In accordance with the European regulations in force, Users of https://tahiapearls.com have the following rights:

• Right of access and correction, updating, completeness of user data, blocking or erasing of Users’ personal data whenever they are incorrect, incomplete, equivocal, outdated or the collection, use, communication or retention of which is prohibited.
• Right to withdraw consent at any time.
• Right to limit the processing of Users’ data.
• Right to oppose the processing of Users’ data (excepting those falling under a legal obligation).

• Right to portability of data supplied by users, when such data are subject to automated processing based on their consent or a contract.
• Right to define what becomes of the data of Users after their death and choose to whom EURL BPGC (TAHIA PEARLS) must communicate (or not) his data to a third-party previously designated by him.

As soon as EURL BPGC (TAHIA PEARLS) has knowledge of a User’s decease and in the absence of instructions from him, EURL BPGC (TAHIA PEARLS) undertakes to destroy his data, unless the retention of such data is necessary for evidential purposes, or for meeting a specific legal obligation.

If the User wishes to know how https://tahiapearls.com uses his personal data, requests that they must be corrected or is opposed to their processing, the User may contact EURL BPGC (TAHIA PEARLS) in writing at the following address:

EURL BPGC (TAHIA PEARLS)

 For the attention of the Data Protection Officer (DPO)

P.O. Box 590 – Papeete 98713 – Tahiti – French Polynesia

In such a case, the User must indicate which personal data he wishes to have corrected, updated or deleted, by identifying himself precisely with a copy of an identification document (ID card or passport).

Requests for the deleting of personal data will be subject to the same obligations imposed on EURL BPGC (TAHIA PEARLS) by law, particularly with respect to the retention or archiving of documents. Lastly, https://tahiapearls.com’s Users may enquire or file a claim with control authorities, and the CNIL – French National Data Protection Authority (https://tahiapearls.com) in particular.

 

7.4 Non-communication of personal data

EURL BPGC (TAHIA PEARLS) refrains from processing, hosting or transferring information collected with respect to its Customers to third-party countries situated outside the EU, or the European Economic Area (EEA), or recognized by the EU as being completely inadequate (some countries may be recognized as being adequate regarding specific processing), without first notifying the customer accordingly and complying with data transfer controlling-mechanisms. However, EURL BPGC (TAHIA PEARLS) remains free to choose its technical and commercial subcontractors as long as they provide adequate guarantees in regard to GDPR requirements.

EURL BPGC (TAHIA PEARLS) undertakes to implement any and all precautionary

measures required to maintain information security and, in particular, that they are not communicated to unauthorized persons. However, should EURL BPGC (TAHIA PEARLS) become aware of an incident impacting the integrity or confidentiality of a Customer’s information, it must notify the Customer as promptly as possible and let him know of the corrective measures taken.

The User’s personal data may be processed by subsidiaries of EURL BPGC (TAHIA PEARLS), subcontractors (service providers), for fulfilling the purposes of this policy exclusively.

Within the limit of their respective attributions and for the purposes as recalled above, the main persons who may have access to the data of EURL BPGC (TAHIA PEARLS)’s Users are, for the most part, agents of our sales, accounting departments and those of government departments.

 

8. Notification of incident

Whatever efforts are made, no transmission method on the Internet and no electronic storage is completely safe. As a result, we cannot guarantee absolute security.

Should we become aware of a security breach, we would notify the users concerned so that they are able to take appropriate measures. Our incident notification procedures take our legal obligations into account, whether they exist on the local, national or European level. We undertake to fully inform our customers of any issues tied to their account security and provide them with the necessary information to assist them in meeting their own regulatory obligations on reporting.

No personal information relating to any user of the https://tahiapearls.com site is published without user’s knowledge, exchanged, transferred or sold on any form of medium to third-parties. Only the assumption of a buy-out of https://tahiapearls.com and its rights would enable the said information to be transmitted to a potential buyer, which buyer would in turn be bound by the same obligation of data retention and modification in relation to users of the https://tahiapearls.com site.

8. Security

 In order to ensure security and confidentiality of personal data as well as personal health data, https://tahiapearls.com uses networks protected by standard systems such as firewall, pseudonymization, encryption and password.

When processing personal data, EURL BPGC (TAHIA PEARLS) takes every reasonable measure aiming to protect said data against any loss, misuse, unauthorized access, disclosing, alteration or destruction.

 

9. Hyperlinks, cookies and Internet tags

The https://tahiapearls.com site contains a number of hyperlinks to other sites, set up with https://tahiapearls.com’s authorization. However, https://tahiapearls.com is unable to check the content of the sites thus visited and therefore will not assume any liability as a result of this.

Unless you decide to deactivate the cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, owing to the deactivation options at your disposal and as recalled hereinafter, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.

 

9.1 COOKIES

 A cookie is a small information file sent onto the User’s browser and saved within the User’s terminal (for ex: computer, smartphone), (hereinafter “Cookies”). This file includes information such as the name of User’s domain, User’s supplier of Internet access, User’s operating system as well as the date and time of access. There is no risk for User’s terminal to be damaged by cookies.

EURL BPGC (TAHIA PEARLS) may possibly process User’s information regarding his visit to the Site, such as pages visited, research completed. This information gives him the opportunity to improve Site content, User’s browsing.

As cookies facilitate browsing and/or the supply of services proposed by the Site, the User may set his browser to enable him to decide whether he wishes or not to accept them so that some cookies may be saved in the terminal or, on the contrary, are rejected, either systematically or according to their issuer. The User may also configure his browsing software so that cookie acceptance or rejection is proposed to him on a one-off occasion, before a cookie is likely to be saved in his terminal. EURL BPGC (TAHIA PEARLS) informs the User that in such a case it may be that his browsing software functionalities are not all available.

If the User refuses to save cookies in his terminal or browser, or if he deleted those saved in it, the User is informed that his browsing and experience on the Site can be limited. This could also be the case when https://tahiapearls.com or one of its service providers is unable to acknowledge, for technical compatibility purposes, the type of

browser used by the terminal, the language and display settings or the country from which the terminal seems connected to the Internet.

Where applicable, EURL BPGC (TAHIA PEARLS) disclaims any liability regarding the consequences tied to the damaged functioning of the Site and the services, if any, proposed by https://tahiapearls.com, resulting (i) from cookie refusal by the User (ii) the impossibility for https://tahiapearls.com to save or consult the cookies necessary to their functioning on account of User’s choice. Regarding management of the cookies and User’s choice, configuring each browser is different. It is described in the browser’s help menu, and this will indicate how the User may change his wishes as far as cookies are concerned.

The user may choose, at any time, to express and change his wishes regarding cookies. EURL BPGC (TAHIA PEARLS) will also be able to call on the services of outside providers to help him gather and process the information described in this section.

Lastly, by clicking on the icons dedicated to the social networks Twitter, Facebook, LinkedIn and Google Plus shown on the https://tahiapearls.com site or its mobile application and if the User has accepted the placement of cookies by continuing to browse on the Internet site or the https://tahiapearls.com’s Internet site or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your terminals (computer, tablet, cell phone).

 These types of cookies are not placed on your terminals unless you agree to it, by continuing your browsing on the https://tahiapearls.com’s Internet site or mobile application. Nevertheless, the User may, at any time, withdraw his consent to the placement of this type of cookies by https://tahiapearls.com.

 

Article 9.2 INTERNET TAGS

 https://tahiapearls.com may occasionally use Internet tags (also called action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, one-by-one GIFs) and deploy them through a Web analysis specialist partner likely to be found (and therefore store corresponding information, including User’s IP address) in an overseas country.

These tags are placed both in online commercials enabling Internet users to access the Site, and on the various pages of said Site.

Owing to this technology, EURL BPGC (TAHIA PEARLS) is able to assess answers from visitors with respect to the Site, and the effectiveness of its actions (for example, the number of times when a page is opened and the information seen), as well as the

utilization of that Site by User.

The external service provider will possibly be able to gather information on visitors to the Site and other Internet sites owing to these tags, establish reports on Site activity for the attention of EURL BPGC (TAHIA PEARLS) and provide other services relating to the use of same and the Internet.

 

10. Applicable law and jurisdiction

These terms express the entire agreement between the parties regarding the content therein. They cancel and supersede any agreement, any provision and stipulation to the contrary as may have been stated before and would relate to the same project.

The fact that one of the parties has not requested the enforcement of any clause whatsoever in these terms, whether permanently or temporarily, shall in no event be considered as a waiver of the rights of that party arising from the said clause.

Nullity of or lapse in one of the stipulations of these terms is not likely to result in nullity, cancellation or lapse in the terms themselves, unless this is an essential and decisive clause of the parties’ consent and that the cancellation of same is likely to question the overall balance of these terms.

Regarding the performance hereof and its continuations, the parties have elected domicile at their respective head office/domicile.

The language of the contract is the French language. Any communication in other languages, the English in particular, will only be informal, and their usefulness limited to facilitating the understanding of the parties. In the event of a conflict of meaning, terminology between the various versions of this agreement, only the version in the French language will take precedence between the parties.

Any dispute relating to the use of the https://tahiapearls.com site is subject to the French law and the law in force in French Polynesia under the terms of French Polynesia’s self-governing status, excluding any other legislation.

Apart from those cases where the law does not so allow, the competent courts governed by the Court of Appeal of Papeete will have exclusive jurisdiction, notwithstanding the fact that there are several plaintiffs/defendants, summons for joinder, including in respect of emergency procedure.