Legal / Data protect

Legal Notice

1. Website Presentation

Owner: St Barth R Way – Aéroport Remy de Haenen – 97133 ST BARTHELEMY

Registered Company: R.C.S. BASSE TERRE TMC 49945890900029

Creator: Okleira

Publication Manager: Stephane ROCHE

Webmaster: Okleira

Host: OVH – 2 rue Kellermann – 59100 Roubaix – France

2. General Terms of Use of the Website and Services Offered

Use of the St Barth R Way SBH website implies full acceptance of the following terms of use. These terms may be modified or updated at any time; users are therefore encouraged to consult them regularly.

This website is normally accessible at all times. However, interruptions for technical maintenance may be decided by Okleira and StBarthRWay, who will make every effort to inform users of the dates and times of such interventions in advance.

The St Barth R Way SBH website is regularly updated by Stéphane ROCHE. Similarly, the legal notices may be modified at any time and apply to users, who are invited to consult them frequently.

3. Description of Services Provided

The St Barth R Way SBH website aims to provide information regarding all activities of the company.

Okleira and StBarthRWay strive to provide the most accurate information possible. However, they cannot be held responsible for omissions, inaccuracies, or delays in updates, whether due to their own actions or those of third-party partners providing the information.

All information on the St Barth R Way SBH website is provided for informational purposes only and may change over time. The information is not exhaustive and is subject to modifications made since it was published online.

4. Contractual Limitations on Technical Data

The website uses JavaScript technology.

The website cannot be held responsible for material damage resulting from the use of the site. Users are required to access the website using up-to-date, virus-free equipment and a modern browser.

5. Intellectual Property and Counterfeiting

Okleira and StBarthRWay own the intellectual property rights or hold usage rights for all elements accessible on the site, including texts, images, graphics, logos, icons, sounds, and software.

Any reproduction, representation, modification, publication, or adaptation of all or part of the site’s elements, by any means, is strictly prohibited without prior written authorization from Okleira and StBarthRWay.

Unauthorized use of the website or any of its elements will be considered counterfeiting and prosecuted according to Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitation of Liability

Okleira and StBarthRWay cannot be held responsible for direct or indirect damages to user equipment during access to the St Barth R Way SBH website, resulting either from non-compliant equipment (see Section 4) or from bugs or incompatibilities.

They are also not liable for indirect damages (e.g., loss of business or opportunity) resulting from the use of the site.

Interactive spaces (such as the contact form) are available to users. Okleira and StBarthRWay reserve the right to remove content that violates French law, particularly regarding data protection, without prior notice. They also reserve the right to hold users civilly and/or criminally liable in cases of racist, insulting, defamatory, or pornographic content, regardless of the format (text, photo, etc.).

7. Management of Personal Data

In France, personal data is protected by Law No. 78-17 of January 6, 1978, Law No. 2004-801 of August 6, 2004, Article L.226-13 of the Penal Code, and the European Directive of October 24, 1995.

When using the St Barth R Way SBH website, the following may be collected: the URL of the referring link, the user’s Internet Service Provider, and the user’s IP address.

Okleira and StBarthRWay collect personal information only for the purposes of certain services provided on the website. Users provide this information knowingly, and the site specifies whether providing it is mandatory.

In accordance with Articles 38 et seq. of Law 78-17 of January 6, 1978 (regarding data processing and freedoms), users have the right to access, correct, and object to personal data concerning them. Requests must be submitted in writing, signed, and accompanied by a copy of a valid ID.

No personal information is published, shared, transferred, or sold to third parties without the user’s knowledge. Only in the event of a sale of Okleira and StBarthRWay and its rights may information be transferred to a buyer, who would also be bound to the same data protection obligations.

Databases are protected under the Law of July 1, 1998, transposing Directive 96/9/EC regarding legal protection of databases.

8. Hyperlinks and Cookies

The St Barth R Way SBH website contains hyperlinks to other sites, implemented with the authorization of Okleira and StBarthRWay. However, Okleira and StBarthRWay cannot verify the content of these sites and assume no responsibility for it.

Browsing the site may install cookies on the user’s computer. Cookies are small files that do not identify the user but store navigation information to facilitate later browsing and site analytics.

Refusing cookies may prevent access to certain services. Users can configure their browser to block cookies:

• Internet Explorer: Tools → Internet Options → Privacy → Block all cookies → OK
• Firefox: Menu → Options → Privacy → Custom Settings for History → Uncheck to disable cookies
• Safari: Menu → Settings → Advanced → Privacy → Content Settings → Block cookies
• Chrome: Menu → Settings → Advanced → Privacy → Preferences → Block cookies

9. Applicable Law and Jurisdiction

All disputes regarding the use of the St Barth R Way SBH website are governed by French law.

10. Main Applicable Laws

• Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 (Data Protection).
• Law No. 2004-575 of June 21, 2004 (Confidence in the Digital Economy).

11. Glossary

• User: Internet user accessing or using the website.
• Personal information: “Information that allows, in any form, directly or indirectly, the identification of natural persons to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978).

Data Protection

I. Data Controller and Purpose of Collected Data

ST BARTH R WAY SAS, represented by its legal representative, collects and processes personal data to respond to users’ requests and to establish booking contracts. ST BARTH R WAY SAS prioritizes the protection of personal data and has implemented measures to mitigate risks to individuals’ rights.

Data collected includes:

• Standard identification and contact information (Name, First Name, Phone Number, Email, Postal Address, Gender, Date and Place of Birth, etc.)
• Payment information, bank account details (IBAN, authorization for direct debit, etc.)

Fields marked with an asterisk are mandatory; otherwise, the request cannot be processed.

II. Legal Basis for Processing

Processing is based on:

• The necessity for pre-contractual measures
• The execution of a contract between ST BARTH R WAY and the user
• User consent for marketing and loyalty actions
• The company’s legitimate interest in retaining evidence in case of dispute and managing client relations

III. Recipients and Transfers Outside the EU

Collected data is shared only with:

• ST BARTH R WAY staff responsible for bookings and invoicing
• Subcontractors (IT services, website hosting, system maintenance)

Data may be transferred outside the EU only with appropriate safeguards or to countries with a European Commission adequacy decision.
 

IV. Data Retention

Data is retained only as long as necessary for the purposes described and in compliance with legal requirements.

V. Rights of Individuals

Users have the right to:

• Access, correct, delete, or limit the processing of their data
• Data portability
• Object to data processing

These rights can be exercised at any time by contacting:

SAS ST BARTH R WAY

Aéroport de Haenen Saint-Jean

97133 Saint-Barthélemy

Tel: 05.90.27.12.35

Email: management@stbarthrway.com

If rights are not respected, users may submit a complaint to the CNIL:

CNIL – Complaints Service

3 Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07

VI. Modification of Personal Data Policy

This policy may be modified at any time, and such modifications are binding on users.