Legal mentions

CAPSULE, concerned about the rights of individuals, particularly with regard to automated processing and in a desire for transparency with its customers, has implemented a policy covering all of this processing, the purposes pursued by the latter as well as the means of action available to individuals so that they can best exercise their rights.

For any additional information on the protection of personal data, we invite you to consult the site: https://www.cnil.fr/

Continued navigation on this site implies unreserved acceptance of these terms of use.

The version currently online of these terms of use is the only one opposable for the duration of use of the site and until a new version replaces it.

Article 1 — Legal notices

1.1 Site (hereinafter “the site”)

hoshimusic-store.com

1.2 Publisher (hereinafter “the publisher”)

CAPSULE SAS with a share capital of €1,000

whose registered office is located at: 10 rue de Penthièvre 75008 PARIS

registered with the RCS on 09-11-2020 – SIREN: 890826597

e-mail address: support@capsule.business

1.3 Host (hereinafter “the host”)

CAPSULE is hosted by Shopify Inc. whose registered office is in Ottawa, United States.

Article 2 — Access to the site

Access to the site and its use are reserved for strictly personal use. You agree not to use this site and the information or data it contains for commercial, political, advertising purposes and for any form of commercial solicitation and in particular the sending of unsolicited e-mails.

Article 3 — Site content

All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that could be used to operate this site and more generally all elements reproduced or used on the site are protected by intellectual property laws.

They are the full and entire property of the publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The fact that the publisher does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of proceedings.

Article 4 — Site management

For the proper management of the site, the publisher may at any time:

• suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a determined category of Internet users;
• delete any information that may disrupt its operation or contravene national or international laws;
• suspend the site in order to carry out updates.

Article 5 — Liability

The publisher’s liability cannot be engaged in the event of a failure, difficulty or interruption of operation, preventing access to the site or to one of its functionalities.

The equipment you use to connect to the site is under your entire responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are also solely responsible for the sites and data you consult.

The publisher cannot be held responsible in the event of legal proceedings against you:

• due to the use of the site or any service accessible via the Internet;
• due to your failure to comply with these general terms.

The publisher is not responsible for damage caused to you, to third parties and/or to your equipment as a result of your connection to or use of the site, and you waive any action against it on this account.

If the publisher were to be the subject of an amicable or legal procedure because of your use of the site, it may turn against you to obtain compensation for all damages, sums, sentences and costs that may arise from this procedure.

Article 6 — Hypertext links

The setting up by users of any hypertext links to all or part of the site is strictly prohibited, except with the prior written authorization of the publisher.

The publisher is free to refuse this authorization without having to justify its decision in any way. If the publisher grants its authorization, it is in any event only temporary and may be withdrawn at any time, without any obligation to justify this to the publisher’s expense.

Any information accessible via a link to other sites is not published by the publisher. The publisher has no rights over the content present in said link.

Article 7 — Data collection and protection

Your data is collected by the company CAPSULE.

Personal data means any information relating to an identified or identifiable natural person (data subject); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number or to one or more factors specific to his or her physical, physiological, genetic, psychological, economic, cultural or social identity.

The personal information that may be collected on the site is mainly used by the publisher to manage relations with you, and where applicable to process your orders.

The personal data collected is as follows:

• first and last name
• address
• e-mail address
• telephone number
• date of birth
• financial data: as part of the payment for products and services offered on the Platform, it records financial data relating to the user’s bank card, but this data is encrypted and can only be reused by the user himself.

Article 8 — Right of access, rectification and deletion of your data

In application of the regulations applicable to personal data, users have the following rights:

• the right of access: they may exercise their right of access, to know the personal data concerning them, by writing to the e-mail address mentioned below. In this case, before implementing this right, the Platform may request proof of the user’s identity in order to verify its accuracy;
• the right of rectification: if the personal data held by the Platform is inaccurate, they may request that the information be updated;
• the right to delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws;
• the right to restriction of processing: users may request that the Platform restrict the processing of personal data in accordance with the cases provided for by the GDPR;
• the right to object to data processing: users may object to their data being processed in accordance with the cases provided for by the GDPR;
• the right to portability: they may request that the Platform communicate to them the personal data they have provided in order to transmit it to a new Platform.

You can exercise this right by contacting us at the following address:

CAPSULE – 10 rue de Penthièvre 75008 PARIS.

Or by e-mail at: support@capsule.business

Any request must be accompanied by a photocopy of a valid signed identity document and mention the address at which the publisher can contact the applicant. The response will be sent within one month of receipt of the request. This one-month period may be extended by two months if the complexity of the request and/or the number of requests so require.

In addition, and since law no. 2016-1321 of October 7, 2016, people who so wish have the possibility of organizing the fate of their data after their death. For more information on the subject, you can consult the CNIL website: https://www.cnil.fr/.

Users can also file a complaint with the CNIL on the CNIL website: https://www.cnil.fr.

We recommend that you contact us first before filing a complaint with the CNIL, as we are at your entire disposal to solve your problem.

Article 9 — Use of data

The personal data collected from users is intended to provide the Platform’s services, to improve them and to maintain a secure environment. The legal basis for processing is the performance of the contract between the user and the Platform. In concrete terms, the uses are as follows:

• access and use of the Platform by the user;
• management of the operation and optimization of the Platform;
• implementation of user assistance;
• verification, identification and authentication of data transmitted by the user;
• personalization of services by displaying advertisements according to the user’s browsing history, according to his or her preferences;
• prevention and detection of fraud, malware (malicious software) and management of security incidents;
• management of any disputes with users;
• sending commercial and advertising information, according to the user’s preferences;
• organization of the conditions of use of the Payment Services.

Article 10 — Data retention policy

The Platform retains your data for the time necessary to provide you with its services or assistance.

To the extent reasonably necessary or required to comply with legal or regulatory obligations, resolve disputes, prevent fraud and abuse or enforce our terms and conditions, we may also retain some of your information if necessary, even after your account is closed, or that we no longer need to provide you with our services.

Article 11 — Sharing of personal data with third parties

Personal data may be shared with third-party companies exclusively in the European Union, in the following cases:

• when the user uses payment services, for the implementation of these services, the Platform is in contact with third-party banking and financial companies with which it has entered into contracts;
• when the user publishes, in the Platform’s free comment areas, information accessible to the public;
• when the user authorizes a third-party website to access his or her data;
• when the Platform uses the services of providers to provide user assistance, advertising and payment services. These providers have limited access to the user’s data, in the context of the performance of these services, and have a contractual obligation to use it in accordance with the provisions of the regulations applicable to the protection of personal data;
• if required by law, the Platform may transmit data to respond to claims made against the Platform and to comply with administrative and judicial procedures.

Article 12 — Commercial offers

If, when consulting the site, you access personal data, you must refrain from any collection, any unauthorized use and any act that may constitute an infringement of the privacy or reputation of persons. The publisher declines all responsibility in this regard.

The data is kept and used for a period in accordance with the legislation in force.

Article 13 — Cookies

What is a cookie?

A “Cookie” or tracker is an electronic file deposited on a terminal (computer, tablet, smartphone, etc.) and read, for example, when consulting a website, reading an e-mail, installing or using software or a mobile application, regardless of the type of terminal used (source: https://www.cnil.fr/en/cookies-and-other-trackers).

The site may automatically collect standard information. Any information collected indirectly will only be used to track the volume, type and pattern of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service we provide to you.

Where applicable, “cookies” from the site publisher and/or third-party companies may be placed on your terminal, with your consent. In this case, when you first browse this site, an explanatory banner on the use of “cookies” will appear. Before continuing to browse, the customer and/or prospect must accept or refuse the use of said “cookies”. The consent given will be valid for a period of thirteen (13) months. The user has the possibility of deactivating cookies at any time.

The following cookies are present on this site:

Session cookie for user management, e-commerce cookie for cart management or cookie used during Early Access.

The lifetime of these cookies is thirteen months except for the Early Access cookie which only lasts 24 hours.

Article 14 — Photographs and representation of products

The photographs of the products, accompanying their description, are not contractual and do not bind the publisher.

Article 15 — Applicable law

These terms of use of the site are governed by French law and subject to the jurisdiction of the courts of the publisher’s registered office, subject to a specific attribution of jurisdiction resulting from a particular law or regulation.

Article 16 — Contact us

For any question, information on the products presented on the site, or concerning the site itself, you can leave a message at the following address: support@capsule.business