LEGAL NOTICES AND PERSONAL DATA

General Manager: Lionel Servant 
Design: Agence Mazarine Digital
Photo Credits: Claes Bech-Poulsen, Christophe Bielsa, Nicolas Dubreuil, Antoine Gauvin, Aline Gérard, Maxime Menant.

This website has been registered in France with the CNIL, the French Data Protection Agency, in compliance with Law # 78-17 of January 6, 1978, pertaining to information technology, data files and civil liberties (declaration # 1372618). No personal information will be made available to a third-party. In compliance with the reformed Law of Information Technology and Civil Liberties of January 6, 1978, you have the right to access, modify, rectify and delete any information which concerns you. To exercise this right, you can write to:

THE NEGRESCO
37, Promenade des Anglais
06000 Nice, France
E-mail: reservations@lenegresco.com
http://www.hotel-negresco-nice.com/
++ 33 (0)4 93 16 64 00

LEGAL NOTICES

LEGAL NOTICES

1. Website

Under the French Digital Economy Trust Act no. 2004-575 of 21 June 2004, users of the website http://www.hotel-negresco-nice.com are informed that the various parties involved in creating and monitoring it are:

Owner: S.A. HÔTEL NEGRESCO – S.A. B 957 810 146 00010 – 37 Promenade des Anglais, 06000 Nice.
Creator: Agence Mazarine Digital, 2 square Villaret de Joyeuse, 75017 Paris.
Publishing manager: Stairway Management – +33 (0)9 67 27 97 45.
The publishing manager is a person or legal entity.
Webmaster: Cyril•Castelain•Communication.
Host: Agarik SAS, 20 rue Dieumegard, 93400 St Ouen. 

2. General terms & conditions of use for the website and services offered

By using the website http://www.hotel-negresco-nice.com, you are deemed to have unreservedly accepted the general terms and conditions of use (T&Cs) set out below. These T&Cs may be amended or added to at any time. Visitors to http://www.hotel-negresco-nice.com are therefore encouraged to regularly check them.

This website is normally accessible to users at all times. However,  S.A Hotel Negresco may decide to interrupt access in order to carry out maintenance. The Hotel will do its best to give users prior notice of the times and dates the website will be down.

The website http://www.hotel-negresco-nice.com is regularly updated by Stairway Management. Similarly, the legal notes may be amended at any time. Users continue to be bound by and are encouraged to regularly consult them.

3. Description of services provided

The purpose of http://www.hotel-negresco-nice.com is to provide information about the company’s business.

S.A. Hotel Negresco does its best to ensure the website http://www.hotel-negresco-nice.com displays the most accurate information possible. However, it cannot be held liable for omissions, inaccuracies and lack of updates, whether due to its own actions or those of a partner third party providing the information.

All the information given on http://www.hotel-negresco-nice.com is for information purposes only and may be subject to change. Furthermore, the information given on http://www.hotel-negresco-nice.com is not exhaustive. It is subject to any changes made since it was published online.

4. Contractual limitations on technical data

This website uses JavaScript.

The website cannot be held liable for any property damage in relation to the use of this website. Furthermore, users agree to access the website using virus-free, relatively new equipment and an up-to-date browser.

5. Intellectual property & counterfeiting

S.A. Hotel Negresco owns the intellectual property rights and holds usage rights over all elements on the website, including text, images, graphics, logos, icons, sounds and software.
Photo copyrights: Elisabeth Billhardt, Marcel Jolibois, Antoine Gauvin, Grégoire Gardette, Cote Magazine, Jean-Michel Sordello – All rights reserved.

It is prohibited to reproduce, represent, modify, publish or adapt all or part of the website’s elements, regardless of the means or process used, without the prior written approval of S.A. Hotel Negresco.

Any unauthorised use of the website or any of the elements it contains will be considered as an act of counterfeiting and will be prosecuted in accordance with the provisions of articles L 335-2 et seq of the French Intellectual Property Code.

6. Limitation of liability

S.A. Hotel Negresco cannot be held liable for direct or indirect damage caused to a user’s equipment when accessing the website http://www.hotel-negresco-nice.com as a result of either the use of equipment that fails to meet the specifications stated in point 4 or the occurrence of a bug or incompatibility issue.

S.A. Hotel Negresco also cannot be held liable for any indirect damage (such as loss of market share or loss of opportunity) following the use of http://www.hotel-negresco-nice.com.

Interactive pages (where questions can be asked in the contact section) are available to users. S.A. Hotel Negresco reserves the right, without prior notice, to remove any content uploaded to this page that contravenes French legislation, specifically the provisions relating to data protection. When required, S.A. Hotel Negresco also reserves the right to file a claim against the user, including for messages of a racist, insulting, defamatory or pornographic nature, regardless of the media used (text, photo, etc.).

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    7. External personal data protection policy

    7.1. Overview

    In its capacity as controller, the Negresco (whose registered office is located at 37 Promenade des Anglais, Nice, 06000) places great importance on protecting and respecting your privacy.
    The Negresco builds relationships with its clients based on mutual trust: for the Negresco, ensuring the security and confidentiality of personal data is an absolute priority.
    The Negresco complies with all French and European regulatory and legislative provisions in the area of personal data protection.
    The Negresco uses personal data to honour its commitment to offer its clients a personalised service.
    The Negresco applies a strict policy to guarantee the protection of personal data:

    •     Personal data are processed in a transparent, confidential and secure manner;
    •     The Negresco is engaged in an ongoing process to protect the data of its users, in accordance with the Data Protection Act of 6 January 1978 as amended (hereinafter referred to as “LIL”) and the General Data Protection Regulation (EU) of 27 April 2016 (hereinafter referred to as the “GDPR”);
    •     The Negresco has appointed a DPO (Data Protection Officer), who has been declared to the CNIL).

    7.2. The purpose of this policy

    This policy applies to the personal data of clients and other persons concerned with whom the Negresco has dealings, and to the handling of these personal data in all forms (oral, written or electronic).

    7.3. Name and details of the controller

    As the controller, the Negresco adopts appropriate technical and organisational measures to ensure the protection and confidentiality of personal data processed in accordance with the provisions of the LIL and the RGPD.

    7.4. Collection and origin of data

    All data are collected directly from the persons concerned. However, the Negresco can process personal data taken from information provided by the person concerned or by third parties.
    The Negresco promises to obtain the consent of the persons concerned and/or allow them to oppose the use of their data for certain purposes when their consent is required. In all cases, the persons concerned will be informed of the purposes for which their data are collected.

    7.5. Categories of data processed

    The Negresco can process all or some of the following data:

    •     Surname (and birth name);
    •     Forename;
    •     Date and place of birth;
    •     Sex;
    •     Profession;
    •     Personal and professional details;
    •     Passport/visa Information;
    •     Information regarding your stay, including the reservation date, the arrival date and departure date, goods and services used, special requests, your preferences for services, phone numbers dialled;
    •     Bank details, methods of payment;
    •     Exchanges with the Negresco;
    •     Membership of a loyalty programme;
    •     Information obtained during your presence, such as video surveillance images, information relating to your access or any other security system;
    •     Information on your preferences and habits.

    Some information may constitute sensitive information as defined in regulations in force (e.g. religious affiliation and health status). The Negresco promises to process these sensitive data in accordance with regulations in force, and to inform the persons concerned.

    7.6. How does the Negresco use your personal data?

    The Negresco uses your personal data to:

    •     Supply hotel rooms and various goods and services, including catering services, and to issue invoices for the same;
    •     Provide a customised service;
    •     Manage loyalty programmes;
    •     Honour its commitments to all third parties involved in the organisation of your stay (travel agency, travel organiser, operators, employer, etc.);
    •     Assess customer satisfaction;
    •     Carry out direct marketing and promotion operations;
    •     Comply with legal and regulatory requirements.


    Our Data Protection Officer (DPO) is also made aware of these purposes via the prearranged formalities carried out before the DPO.

    7.7. Targeted advertising

    In accordance with applicable regulations, and with your consent when required, the Negresco can use your personal data for commercial prospecting purposes (for example, to send you newsletters or inform you of certain events, or any other communications which may be of interest to you). According to regulations, you can withdraw your consent and exercise your right of opposition at any time.

    7.8. Cookies and similar technologies

    The Negresco uses cookie technology on its website to evaluate and improve the functionality of its website. Cookies identify your web browser when you visit the Negresco website. According to regulations, you can disable cookies. However, if you do disable them you will not be able to use all of the functions of the the Negresco website.7

    7.9. Recipients of your data

    The Negresco only discloses your personal data to certain authorised recipients.

    7.10. Duration of data retention

    The Negresco retains your personal data only for as long as is required in order to achieve its stated objectives, in accordance with regulations in force.

    7.11. Security

    The Negresco has put all technical and organisational measures in place to ensure security and confidentiality in the processing of personal data.
    To this end, the Negresco has adopted all appropriate measures in view of the nature of the data and risks presented by processing to protect the security of data and, in particular, to prevent them from being deformed or damaged and unauthorised third parties from accessing them (physical protection of the premises, authentication processes with secure personal access via confidential user names and passwords, the journalisation of connections, the encryption of certain data, etc.).

    7.12. Transfers of data outside the European Union

    As a general rule, the Negresco processes and stores your personal data within the European Union. However, some service providers of the Negresco are located in third countries outside the European Union. In these cases, your personal data may be transferred to these countries. In such cases, the Negresco ensures that information is transferred in accordance with applicable regulations and guarantees sufficient protection for privacy and fundamental rights (in particular through standard contractual clauses).

    7.13. Your rights

    The Negresco adopts all reasonable measures to ensure the accuracy and relevance of personal data processed.

    In accordance with European regulations in force, you have the following rights:

    •     The right of access;
    •     The right of rectification;
    •     The right of erasure;
    •     The right of restriction of processing;
    •     The right to object, in particular to the processing of your personal data for direct marketing purposes;
    •     The right to data portability, i.e. the right to receive personal data that you have provided to the Negresco in a format that is structured, in current use and legible by the machine and the right to send these data to another controller;
    •     The right to lodge a complaint with a supervisory authority or to obtain reparations from competent courts if you consider that the Negresco has not respected your rights;
    •     The right to set instructions regarding the fate of your personal data after your death.


    If you wish to exercise one of these rights, you can contact the Negresco in writing at the following address: 37 Promenade des Anglais, Nice 06000 or via e-mail at dpo@lenegresco.com, clearly identifying yourself with a copy of proof of identity (ID card or passport). Requests to delete personal data are subject to obligations imposed by regulations, in particular in terms of the retention and archiving of documents.

    7.14. Contact

    For all questions relating to this confidentiality policy or any requests relating to your personal information, you can contact the Negresco:

    •     By sending an e-mail to the Data Protection Officer at the following address: dpo@lenegresco.com
    •     By writing to the following address: Le Negresco – A l’attention du Délégué à la Protection des Données – 37 Promenade des Anglais, Nice 06000
       

    7.15.  CNIL

    The website http://www.hotel-negresco-nice.com has been reported to the CNIL under number 1743065 v0.

    8. Information policy regarding cookies

    Some features of this website (referred to hereafter as "Website") use the services proposed by third-party sites.

    These features create cookies which enable these websites to trace your browsing.

    These cookies are not created if you block them.

    You can obtain information about the nature of the cookies created, accept them or block them, either globally for all of the website and all of the services, or individually, cookie by cookie.
     

    8.1 Definition of cookies 

    Cookies are information stocked in the devices (computer, tablet, smartphone, etc) of an Internet user and used by the website to send information to the Internet user's browser, enabling this browser to send information to the original website.

    Cookies enable the conservation of information when the browser accesses the different pages of a website or when the browser returns at a later stage to this website, during their validity period.

    Cookies are useful as they enable a website to recognize an Internet user's device.

    Different types of cookies exist:

    - session cookies, which are deleted as soon as the user exits the browser or leaves the website
    - persistent cookies, which remain on the user's device until their expiration or until the user deletes them using the features of their browser.
     

    8.2 Cookies on the Website

    The Cookies used by SA Hôtel Negresco fall under several categories.

    • Cookies strictly necessary for browsing on our Website: these cookies enable the use of all of the features of the Website, such as reservation of a room online, without which the services requested could not be provided. These cookies do not collect information which can be used for marketing purposes.
       
    • Feature Cookies: these cookies are used to recognize an Internet user who connects to the Website and propose personalized features. The information collected by these cookies is anonymous but can identify an Internet user following association with other data. They can be used for advertising means.
    •  
    • Analysis and performance cookies: these cookies enable the collection of information on the way in which the Website is used (most visited pages, existence of error messages). These cookies do not collect information enabling the identification of the Internet user.
       
    • Advertising and targeting cookies: these cookies collect information on the pages visited by the Internet user as well as the hypertext links followed and are in general placed by advertising networks which share the information collected by the advertisers. This enables a personalization of the advertising online.
       
    • Third-party cookies: The Negresco can use the services of third parties in order to optimize the use of the Website by an Internet user and to post advertisements apart from the Website. These third parties (such as advertisers and web traffic analysis services) can also create cookies that The Negresco does not control.


    If you oppose the use of cookies for advertising means, go to the European platform of third-party services "Your Online Choices" dedicated to behavior advertising on Internet and use its tool to control cookies.
     

    8.3 Browser settings

    The Internet user has the possibility of blocking his cookies through the configuration of the browser being used. Most browsers allow you to manage your cookies. It is possible to configure the browser to accept or block, on a case by case basis, cookies before they are created. It is also possible to regularly remove cookies from the device via the browser.
    To manage cookies and preferences, the configuration of each browser is different. It is described in the help menu of the browser.
    However, if you configure the browser to block cookies, some features, pages, and spaces on the website will not be accessible, and we cannot be held responsible in this case.
    You will find more information on:

    • Google
    • Firefox
    • Windows
    • Safari
    • The CNIL- Commission Nationale de l’Informatique et des Libertés- (French Data Protection Agency) website gives practical advice on the ways of removing cookies already created on your device depending on the browser which was used.

      8.4 Modification

      The Negresco reserves the right to modify, update or correct, at any moment, and without previous notice, all or part of the policy relating to cookies and without notification by publishing the updated policy on the Website.  It is important to regularly consult the policy relating to cookies.
       

      8.5 Contact information

      For any questions concerning the information policy relating to cookies, please contact us at the following address:
      SA Hôtel Negresco
      37 Promenade des Anglais
      06000 Nice
      E-mail : dpo@lenegresco.com

      Latest version: July 2018 
       
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      9. Personal data – Management of subscriptions to the Negresco newsletter

      The dispatch of the newsletter constitutes a processing of personal data managed by the Negresco and its partners.
       

      9.1. The controller

      The controller is SA Hôtel Negresco, whose registered office is located at 37 Promenade des Anglais, Nice (06000) and which is represented by Mrs Nathalie Thomas, in her capacity as legal administrator and domiciled for legal purposes at said office.
       

      9.2. Purposes of processing  

      Data are processed to manage the dispatch of the Negresco newsletter. This management of data allows the Negresco to manage subscriptions and the formulation of statistics.
       

      9.3. Legal basis

      In accordance with article 6 of the General Data Protection Regulation (EU Regulation 2016/676), the legal basis for this processing is consent. 
       

      9.4. Categories of data processed

      Within the context of this processing, the data processed are:

      •     The e-mail address,
      •     The subscription date,
      •     Statistics linked to the newsletter service.
         

      9.5. The mandatory nature of data collection

      An e-mail address must be collected in order to send the newsletter.
       

      9.6. Automated decision-making

      Processing does not provide for automated decision-making.
       

      9.7. Persons concerned

      This processing only relates to persons who wish to receive the Negresco newsletter. 

      9.8. Categories of recipients of data

      The following parties receive personal data:

      •     The Negresco sales department;
      •     The Negresco lodging department;
      •     The reservations department;
      •     The catering department; and
      •     Partners of the Negresco.

      9.10. Transfers of data outside the EU

      Negresco processes and stores your personal data within the European Union. However, some service providers of the Negresco are located in third countries outside the European Union. In these cases, your personal data may be transferred to these countries. In such cases, the Negresco ensures that information is transferred in accordance with applicable regulations and guarantees sufficient protection for privacy and fundamental rights.

      9.11. Duration of data retention

      The Negresco shall retain an e-mail address until the person concerned unsubscribes (via the unsubscription link included in the newsletters) and in accordance with timeframes stipulated in law.

      9.12. Your rights to your data

      You have a right to access, a portability right, a right to oppose and a right to erase your personal data. You also have the right to restrict the processing of your personal data.

      9.13. How to exercise your rights

      The Negresco Data Protection Officer (DPO) is your point of contact for any complaint or demand to exercise one of the rights referred to above in relation to this processing.
      You can contact the DPO electronically at the following e-mail address: dpo@lenegresco.com.
      You can also contact the DPO by post: Hôtel Negresco Le Délégué à la Protection des Données 37 Promenade des Anglais Nice 06000 

      9.14. Filing a complaint with the CNIL

      If, after having contacted us, you believe that your rights to your data have not been respected, you can submit a complaint to the CNIL.

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      10. Applicable law and assigned jurisdiction

      All disputes regarding the use of the website http://www.hotel-negresco-nice.com are subject to French law. The Paris courts hold sole jurisdiction.

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      11. Disputes

      In case of any disputes between the professional and the consumer, they shall endeavour to find an amicable solution.
      Should they not reach an amicable agreement, the consumer may call upon the consumer ombudsman who deals with the professional free of charge, i.e., the Association des Médiateurs Européens (European Ombudsman Association, AME CONSO) within a year of a written claim sent to the professional.
      Complaints must be made to the ombudsman in the following manner:

          either by filling in the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
          or in writing to AME CONSO, 11 Place Dauphine – 75001 PARIS

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      12. Main laws involved


          The French Data Protection Act no. 78-17 of 6 January 1978, amended by law no. 2004-801 of 6 August 2004.
          The French Digital Economy Trust Act no. 2004-575 of 21 June 2004.

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      13. Glossary

          User: An Internet user who connects to the Internet and uses the aforementioned website.
          Personal information/details/data: “Details that directly or indirectly enable the identification of the individual to whom they apply, regardless of the form those details take” (article 4 of the French Data Protection Act no. 78-17 of 6 January 1978).