Overview

In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy, known as L.C.E.N., it is brought to the attention of users and visitors, hereinafter the « user », of the site WWW.SAINTBARTHLIFESTLYE.COM, hereinafter the « site », these legal notices.
The connection and navigation on the site by the user implies full and unreserved acceptance of these legal notices.
These are accessible on the Site under the heading “Legal notices”.

ARTICLE 1 : THE PUBLISHER

The website "WWW.SAINTBARTHLIFESTLYE.COM" is edited by SAINT BARTH LIFESTYLE, a limited liability company with a share capital of €1.000 having its registered office located in Gouverneur, 97133 SAINT BARTHELEMY, registered with the Trade and Companies Registry in Basse-Terre under number 977 471 3256, acting through its legal representative, Lilian Berry Garrido.

Professional card CIP 97712023000000008 issued by the CEM of SAINT BARTHELEMY, and valid until 01/09/2026.

Financial guarantee :

  • ACTIVITIES RELATED TO THE ORGANIZATION AND SALE OF TOURIST SERVICES issued by GALIAN, limited to €40,000.

  • REAL ESTATE MANAGEMENT ACTIVITY issued by GALIAN, limited to €120,000.

  • REAL ESTATE AND BUSINESS ASSET TRANSACTION ACTIVITY issued by GALIAN, limited to €120,000.

GALIAN ACCOUNT NUMBER 172250D


E-mail: lilian@saintbarthlifestyle.com

Subject in particular to the Hoguet Law of 2 January 1970 and Decree of 20 July 1972
Publishing Director: Lilian Berry Garrido

The site presents the services offered by SAINT BARTH LIFESTYLE through its management and real estate transaction activities. SAINT BARTH LIFESTYLE strives to provide as accurate information as possible on WWW.SAINTBARTHLIFESTLYE.COM. However, it may not be held liable for any omissions, inaccuracies or deficiencies in the update, whether on its own account or on account of the third-party partners who provide it with this information.


All information provided on WWW.SAINTBARTHLIFESTLYE.COM is indicative and is subject to change. The information on WWW.SAINTBARTHLIFESTLYE.COM is not exhaustive. They are subject to changes that have been made since they were published online.

ARTICLE 2: HOSTING PROVIDER

The hosting provider for the Saint Barth Lifestyle website is OVH, 2 Rue Kellermann, 59100 Roubaix, France.
Website: https://www.ovh.com

ARTICLE 3: SITE ACCESS

Saint Barth Lifestyle makes its best efforts to ensure the services are available 24/7, subject to maintenance operations or technical issues. However, the company is only obligated to provide reasonable means of access. The company reserves the right to modify, interrupt, or temporarily or permanently discontinue part or all of the services without prior notice or compensation.

While we strive for continuous service availability, the company is not liable for any difficulties in accessing or technical issues, such as slow connections, arising from external factors or third-party services.

ARTICLE 2: HOSTING PROVIDER

The hosting provider for the Saint Barth Lifestyle website is OVH, 2 Rue Kellermann, 59100 Roubaix, France.
Website: https://www.ovh.com

ARTICLE 3: SITE ACCESS

Saint Barth Lifestyle makes its best efforts to ensure the services are available 24/7, subject to maintenance operations or technical issues. However, the company is only obligated to provide reasonable means of access. The company reserves the right to modify, interrupt, or temporarily or permanently discontinue part or all of the services without prior notice or compensation.

While we strive for continuous service availability, the company is not liable for any difficulties in accessing or technical issues, such as slow connections, arising from external factors or third-party services.

ARTICLE 4: WARRANTIES – LIABILITY – FORCE MAJEURE

4.1 User Guarantee

By accessing the website, users guarantee that they will use the site and services in good faith, for personal, non-commercial purposes, and in accordance with these terms and conditions. Users agree to refrain from:

  • Using unauthorized devices or software to interfere with the website or services.
  • Accessing or using the website or services for illegal purposes, or causing harm to the reputation or intellectual property of the company or third parties.
  • Commercializing or redistributing the services, or using them in ways not authorized by the company.
  • Engaging in any actions that violate the integrity or security of the website and services.

Failure to adhere to these obligations may result in unilateral and immediate access restrictions to the website, without prior notice.

4.2 Limitation of Liability

The user is solely responsible for their use of the website and services. Saint Barth Lifestyle is not responsible for any legal action or claims resulting from improper use of the site or services.

The website may contain links to third-party sites. The company is not responsible for the content on those sites and will not be liable if the content violates any laws or regulations.

In no event shall Saint Barth Lifestyle be held liable for:

  • Service interruptions due to public utility failures, telecommunications network issues, or force majeure events such as strikes, storms, or earthquakes.
  • Use of the services in ways that do not comply with these terms.
  • Indirect damages, including lost profits or data, even if the company was informed of the potential for such damages.
  • Issues with user hardware or internet connectivity, including access speeds or buffering problems when using the website or services.

Saint Barth Lifestyle does not guarantee the user’s experience with the speed or functionality of the website and services.

4.3 - FORCE MAJEURE

Saint Barth Lifestyle’s liability will not be engaged if the execution of any of its obligations is hindered or delayed due to a force majeure event as defined by Article 1218 of the French Civil Code, as amended by Ordinance No. 2016-131 of February 10, 2016, and interpreted by French case law. This includes, but is not limited to, natural disasters, fires, or any disruptions to telecommunications or electricity networks.


ARTICLE 5: INTELLECTUAL PROPERTY

5.1 - COPYRIGHT ON THE COMPANY'S WEBSITE

Saint Barth Lifestyle holds the intellectual property rights to both the structure and the content of its website, including texts, slogans, graphics, images, videos, photos, and other content. In accordance with the provisions of Book 1 of the French Intellectual Property Code, any representation, reproduction, modification, or exploitation, in whole or in part, of the website and/or its content and/or services, by any means and on any medium, without the express prior authorization of the company, is prohibited and constitutes copyright infringement.

Furthermore, any unauthorized use of the website, its content, and/or services will hold the user responsible under civil and criminal law for copyright infringement.

The company permits access to the website and services solely for viewing via the following devices:i. A computer or equivalent terminal with access to a telecommunications network for internet browsing (such as Internet Explorer, Mozilla Firefox, Safari, etc.);
ii. A mobile terminal with access to a telecommunications network for internet connectivity (e.g., Wi-Fi, 3G/4G/5G, Edge, etc.).

Any other use of the website or services is strictly reserved for the company and is considered a violation of its rights.

5.2 - DISTINCTIVE SIGNS

The trademarks, logos, company names, symbols, trade names, and/or domain names of Saint Barth Lifestyle and/or its commercial partners displayed on the website are distinctive signs that cannot be used without the express prior permission of their owners. Any representation, reproduction, or exploitation, in whole or in part, of these signs is prohibited and constitutes trademark infringement as defined in Book 7 of the French Intellectual Property Code.

5.3 - CREDITS

Website creation: Lilian Berry Garrido
Graphic design: Lilian Berry Garrido
Writers: Lilian Berry Garrido
Photography: Laurent Benoit, Hugo Allard

5.4 - DATABASES

The user acknowledges that the website and services contain one or more databases provided by Saint Barth Lifestyle as the producer of said databases, in accordance with Articles L.341-1 et seq. of the French Intellectual Property Code.

Under Article L.342-1 of the same Code, the user is prohibited from:

  • Extracting, by permanent or temporary transfer, a substantial portion of the content of the database(s) accessed via the website or services.
  • Reusing a substantial portion of the content by making it available to the public in any form not authorized by the company.
  • Creating or maintaining a competing database from all or part of the content of Saint Barth Lifestyle’s databases.
  • Viewing or using the content by any other means or media not intended by the company.

5.5 - CONTENT OF SERVICES

The user acknowledges that access to the website and services does not imply any transfer or concession of intellectual property rights (including copyright) to the user. Access to services is strictly for the private, personal use of the user, under the conditions defined in these legal notices and in accordance with Article L.122-5 2° of the French Intellectual Property Code.

Thus, the user agrees that personal use of the services does not permit collective use, reproduction, representation, resale, exchange, leasing, modification, adaptation, or any other form of commercial exploitation of the website, services, or content, either for free or for compensation.

5.6 - HYPERTEXT LINKS

Links on the website directing users to other websites or resources do not engage the company’s responsibility. Users are prohibited from creating deep links to service pages on third-party websites or using any technique designed to bypass the website’s intended navigation.

The use of "framing" techniques to display the company's services on other sites without express permission is prohibited.

ARTICLE 6: MISCELLANEOUS PROVISIONS

6.1 - CORRESPONDENCE – EVIDENCE

Except where specified otherwise, all correspondence between the company and the user will be conducted by email or via written messages through WhatsApp to the user’s personal number. The user acknowledges that the company’s communications via email, WhatsApp messages, and the website are binding. The time of receipt and authenticity of the data received will be established by the website or company’s systems, unless the user can provide written proof to the contrary.

6.2 - INTEGRALITY OF LEGAL NOTICES

These legal notices represent the entirety of the obligations between the company and the user. Failure of either party to enforce any provision of these notices shall not be interpreted as a waiver of that provision for future claims.

6.3 - APPLICABLE LAW AND DISPUTE RESOLUTION

These legal notices are governed by French law. In the event of a dispute regarding the application, interpretation, validity, and execution of these legal notices, and in the absence of an amicable agreement between the parties, exclusive jurisdiction is granted to the French courts.

ARTICLE 7: PERSONAL DATA PROTECTION

In compliance with data protection regulations, the user is informed that Saint Barth Lifestyle, as the data controller, implements the processing of personal data in connection with the use of its website.

Saint Barth Lifestyle places great importance on the protection and respect of users' privacy and personal data. We are committed to implementing appropriate measures to ensure the protection, confidentiality, and security of personal data in accordance with applicable laws in France and the European Union, particularly the General Data Protection Regulation (GDPR) EU 2016/679 of April 27, 2016, and national legal provisions.

Users are hereby informed of the practices and processing related to the collection and use of their personal data by Saint Barth Lifestyle as the data controller.

7.1 - PERSONAL DATA COLLECTED

Users are required to provide their personal data in digital format when using the website.

7.1.1 - Principles of Personal Data Collection

In general, users can browse the website without necessarily providing personal data to Saint Barth Lifestyle. We only collect the personal data necessary for the execution of the services we provide and ensure a high level of protection for such data.

The data processing that requires the collection of personal data includes:

  • Responding to inquiries (contact forms for visit requests, estimates, additional information, and/or property photos);
  • Executing mandates entrusted by users;
  • Participating in surveys to improve the customer experience with Saint Barth Lifestyle;
  • Sending newsletters, informational or promotional emails;

In this case, the personal data collected from users includes, at a minimum: (i) Last name(s), (ii) First name(s), (iii) Email address, (iv) Phone number, (v) Postal address, (vi) Country.

These personal data are kept for the time necessary to fulfill the user's request. If not executed, they will be deleted within the timeframes recommended by the CNIL, which is typically three years from their collection, subject to legal obligations regarding data archiving, retention, or anonymization.

7.1.2 - User Navigation Data

When using the site or certain services related to it, certain data is collected automatically, such as: (i) IP address, (ii) Browser software reference, (iii) Navigation data (date, time, content viewed, search terms used, etc.), (iv) Operating system references.

Among the technologies used to collect this information, Saint Barth Lifestyle may employ "php" sessions that store each user's data using a unique session identifier. These sessions only retain data during the user's navigation.

Navigation data is deleted when the user's browser is closed, or, at most, within thirteen months of collection.

7.2 - LEGAL BASIS FOR COLLECTING AND PROCESSING PERSONAL DATA

Personal data is processed by Saint Barth Lifestyle in cases permitted by applicable regulations, including the following conditions:

  • Obtaining the user’s freely given, specific, informed, and unequivocal consent for the processing of their personal data;
  • Collecting personal data necessary for fulfilling the user's request;
  • Compliance with legal and/or regulatory obligations applicable to Saint Barth Lifestyle (such as anti-fraud and anti-corruption regulations);
  • Protection of Saint Barth Lifestyle's legitimate interests (e.g., safeguarding the security of its IT network).

7.3 - RECIPIENTS OF COLLECTED PERSONAL DATA

Only authorized personnel within the group and Saint Barth Lifestyle’s service providers may access the collected personal data and process it, without prejudice to its potential transmission to authorities for control or inspection purposes in compliance with applicable laws or regulations or in response to a judicial or administrative decision. Authorized personnel are bound by confidentiality obligations.

Saint Barth Lifestyle is committed to not selling personal data to third parties.

7.4 - TRANSFER OF PERSONAL DATA

The personal data collected from users of the website are stored exclusively in France and are not transferred outside the European Union.

7.5 - DATA SECURITY

Saint Barth Lifestyle collects and processes users' personal data with the utmost confidentiality, adhering to applicable laws. Users are protected against unauthorized access, modification, disclosure, or destruction of their personal data.

When sharing personal data with third parties is necessary and authorized, Saint Barth Lifestyle ensures that these third parties provide the same level of protection for the personal data as we do. We require contractual assurances that the personal data will only be processed for the purposes agreed upon by the users, maintaining confidentiality and security.

Saint Barth Lifestyle implements technical and organizational measures to ensure the security of personal data during its retention for the duration necessary to fulfill its intended purposes.

Users should be aware that no transmission or storage technology is completely infallible. Therefore, in the event of a verified personal data breach that poses a high risk to users' rights and freedoms, Saint Barth Lifestyle will notify the competent supervisory authority in accordance with applicable regulations.

It is the responsibility of users to take precautions to prevent unauthorized access to their personal data, particularly on their devices (computers, smartphones, tablets).

7.6 - USER RIGHTS

7.6.1 - Right to Information on the Processing of Personal Data

Saint Barth Lifestyle is committed to providing concise, transparent, and accessible information about how users' personal data is processed.

7.6.2 - Right of Access to Personal Data

Each user has the right to access their personal data processed by Saint Barth Lifestyle and may request a copy in electronic format (for any additional copies, Saint Barth Lifestyle may charge administrative fees).

7.6.3 - Right to Erasure ("Right to be Forgotten") and Rectification of Personal Data

Each user has the right to request the deletion and/or correction of inaccurate or outdated personal data.

It is specified that Saint Barth Lifestyle may retain certain personal data when required by law or for legitimate reasons.

7.6.4 - Right to Object

Users may object at any time to the use of their personal data for legitimate reasons:

  • To prevent their data from being used for direct marketing purposes, or
  • To stop their personal data from being used for purposes other than those consented to, except when Saint Barth Lifestyle is fulfilling a legal obligation.

7.6.5 - Right to Restrict the Processing of Personal Data

Users have the right to request that the processing of their personal data be limited to what is necessary. This right is applicable if:

  • The user disputes the accuracy of their data;
  • The user believes that the processing of their data is unlawful and requests a restriction instead of erasure;
  • Saint Barth Lifestyle no longer requires the data, but the user still needs it for legal claims;
  • The user objects to the processing based on the legitimate interests of the data controller, during the period of verification.

7.6.6 - Right to Lodge a Complaint with a Supervisory Authority

If users believe that Saint Barth Lifestyle's efforts to protect the confidentiality of personal data do not ensure the protection of their rights, they can lodge a complaint with the competent supervisory authority (such as CNIL or any other authority listed on the European Commission’s website).

7.6.7 - Right to Data Portability

Users have the right to obtain their personal data in a structured, commonly used, and machine-readable format, and to request that these data be transferred to another data controller.

7.6.8 - Right to Decide the Fate of Personal Data After Death

Users also have the right to manage the fate of their personal data after their death, by setting general or specific directives, which Saint Barth Lifestyle will respect.

In the absence of such directives, Saint Barth Lifestyle recognizes the rights of heirs, including access if necessary for estate settlement and the right to object.

7.6.9 - Exercising Your Rights

To exercise their rights, users are invited to contact the Data Protection Officer of Saint Barth Lifestyle. The CNIL provides model letters on its website to assist users in exercising their rights (www.cnil.fr).

Before processing a user request, Saint Barth Lifestyle may verify the user's identity by asking for identification.

The Data Protection Officer will respond to the request promptly, but in any case, within one (1) month of receiving proof of identity. If necessary, this period may be extended by two (2) additional months due to the complexity or number of requests. Saint Barth Lifestyle will inform users of any extension and the reasons for the delay.

ARTICLE 8: NEWSLETTER AND ALERTS

To keep users informed about the latest updates from Saint Barth Lifestyle and potential benefits, they may receive commercial information via electronic communication (email, SMS, etc.). If a user no longer wishes to receive offers and information, they can unsubscribe at any time through their account under the "Subscriptions" section or by clicking the unsubscribe link at the bottom of each communication.

Users can personalize newsletter and alert settings when creating their account or by visiting the "Subscriptions" section in their account. They can select the types of newsletters and alerts they wish to receive. Users can stop receiving newsletters and alerts at any time by updating their account preferences.

If no selection is made and the user has not objected during account creation, they may receive information about Saint Barth Lifestyle's updates and newsletters regarding similar products and services to those previously viewed on the website.