Privacy policy

Privacy Policy

 

Last updated: 16 July 2021

 

Why this privacy policy?

 

In order to offer you our products via our website, we collect and process some of your Personal Data. This Data may be collected during your navigation of our Site (https://www.vkngjewelry.com/), when placing your order, or when you engage with customer services.

 

The purpose of this privacy policy is to provide you with complete and up-to-date information on how your Data is collected and processed, in compliance with all regulations, and in particular EU Regulation No. 2016/069 of 27 April 2016 (General Data Protection Regulation) and Law No. 78-17 of 6 January 1978 on data processing and freedom of information.

 

Through this Policy, we will answer the following questions: What Personal Data do we process? For what purposes? On what legal basis? How long Data kept? To whom is your Data is transferred? What are our cookie practices? What are your rights? How to exercise them?

 

For any clarification or to make a complaint, do not hesitate to contact us at the address: Contact@vkngjewelry.com.

 

1. DEFINITIONS

 

Capitalized terms refer to the following definitions:

 

"BLGD Entreprise" or "we" means the Company BLGD Entreprise, whose registered office is located at 21 Boulevard Kraëmer 13014 Marseille, France, and is registered with the Marseille Trade and Companies Register under the number 850468331 and whose intra-community VAT number is FR37850468331.

 

"You" or the "data subject" means the person or persons concerned by the processing of personal data carried out by BLGD Entreprise (users, prospects, customers, etc.).

 

The "Site" means the website accessible from the link www.vkngjewelry.com and its possible sub-sites (e.g. blog) allowing access to content, and space reserved for customers that are provided by BLGD Entreprise.

 

"Policy" means this Privacy Policy.

 

"Data(s)" means any information about an identified or identifiable natural person directly or indirectly, in particular by reference to an identifier (name, identification number, location data, online identifier, etc.) or to one or more elements specific to their identity.

 

"Processing" means any operation applied to the Data (collection, recording, organization, storage, adaptation, communication by transmission, dissemination, erasure, etc.).

 

"Data Controller" means the person who, alone or jointly with others, determines the purposes and means of the processing. Unless otherwise stated, BLGD Entreprise is responsible for the processing of Data.

 

"Processor" means the person who processes the data on behalf of the controller.

 

"Recipient" means a natural or legal person, public authority, agency, or other body which receives communication of Data, whether or not they are a third party.

 

The "Regulation" means Regulation (EU) 2016/679 of the Council of European Parliament of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), Law No. 78-17 of 6 January 1978 on data processing, files, and freedoms (Data Protection Act), the rules applicable to commercial prospecting provided for by the Postal and Telecommunications Code, and more generally the laws and regulations applicable to  the processing of  the Data that we carry out.

 

2. GENERAL

 

Mandatory or optional nature of the collection of Data. On the Site, you are informed of the mandatory nature of the collection of Data by the presence of an asterisk or another type of indication. In this policy, unless otherwise stated, all data collected is mandatory and necessary for the performance of the contract concluded between you and BLGD Entreprise. In the absence of provision of this data, we will not be able to perform the contracted service. In the event of an incomplete request (e.g. online registration or order, enquiry, etc.), BLGD Entreprise reserves the right to ask you for additional information or to declare the transaction invalid.

 

Hypertext links. The Site may provide links to sites, applications, and services other than its own, which may be operated by third party companies. We are not responsible for the processing of personal data carried out by these third-party sites, or third-party sites pointing to our Site, whose user is invited to consult their data protection policies for more information. The Policy is applicable only to the activities of BLGD Enterprise, which cannot be held responsible for the breaches of a third party's obligations regarding the protection of personal data.

 

Changes - Updates. We reserve the right to modify this Privacy Policy. Data subjects will be notified when updates are made. The current date of this privacy policy is indicated in the header and we invite you to consult it regularly.

 

3. DATA PROCESSING

 

As part of our activity, we are required to process data in the situations listed below:

 

3.1. ORDER MANAGEMENT

 

The Site allows you to make online purchases, which requires us to carry out Processing on the following Data:

 

• Identity data: title/gender; surname; first name;
• Contact data: e-mail address; postal address for delivery and invoicing (address, postal code, city); telephone number;
• Data relating to your order: date, time, content of the order;
• Payment and transaction data: date of the transaction, amount, means of payment, order number, billing data.

 

Secure payment. All transactions made on our site are secure. Credit card payments are made by our payment service providers, as set out in our terms and conditions or on the order page for our products and services. We thus have an SSL encryption system to protect your personal data as well as the means of payment used. At no time are we directly in possession of your bank details during this process.

 

Order placed on behalf of a third party:  If you place an order for products on behalf of a third party, or if you provide a postal address other than your own for the delivery of the products ordered, you certify that you have the authorization of this third party to transmit their identity and postal address, as well as any other Data that may be necessary for delivery.

 

Purpose: the Processing of Data makes it possible to manage the Orders placed by Customers, manage payment and invoicing, and prepare and deliver orders.

 

Legal basis for processing: the collection of the data indicated above is mandatory and necessary for the performance of the contract concluded with BLGD Enterprise. In the absence of provision of this data on your part, we will not be able to deliver the ordered product to you.

 

Your payment and transaction data may also be used for anti-fraud purposes, for the purpose of managing unpaid invoices and disputes, provided that it does not relate to infringements or that it does not result in the exclusion of the person from the benefit of a right, service or contract.

 

3.2. MANAGEMENT OF AFTER-SALES SERVICE AND CUSTOMER RELATIONS

 

In order to best satisfy your requests, as part of our after-sales service and customer relationship management, we are required to process the following Data:

 

• Identity data: title/gender; surname; first name;
• Contact data: e-mail address; postal address for delivery and invoicing (address, postal code, city); telephone number;
• Data relating to your order: date, time, content of the order, purchase history;
• Exchanges with our services: date and time of your request, nature of your request (request for information before placing an order, request for exchange, request for refund, question relating to the follow-up of an order, etc.), content of exchanges with our services.

 

Purpose: the Processing of Data makes it possible to manage the customer relationship. More specifically, to respond to customer requests for information and to process requests for follow-up, return and refund as well as to allow the processing of requests to exercise legal or contractual guarantees.

 

Legal basis for processing: the collection of the data indicated below is mandatory and necessary for the performance of the contract concluded with BLGD Enterprise. In the absence of provision of this data by you, we will not be able to respond to your request for refund, exchange, follow-up or any other request you have sent us.

 

3.3. USE OF THE CUSTOMER AREA

 

The creation of a customer area allows you to access a dashboard to consult the status and history of your orders. The creation of this customer area is optional, if you do not create a customer area, you will receive all the information relating to your orders by email (order confirmation, tracking, delivery notification). 

 

• Login credentials to your customer area: login email address and password. This data can only be automatically stored on the Site if you consent to it via your browser settings;
• Connection data to your customer area: Access and usage data of the customer area: IP address, operating system, logs, identifiers of your browser, time of connection, duration of connection, use of account features, selected settings, personalization of your profile.

 

Purpose: the Processing of Data makes it possible to ensure your access to and use of the customer area made available to you by  BLGD Entreprise  (management of authentication procedures, procedures for the loss of usernames or passwords).

 

Legal basis for processing: the processing of the data indicated above is optional, it’s legal basis is the execution of the contract concluded with BLGD Entreprise, in order to provide you with the requested service (creation of a customer account).

  

3.4. REGISTRATION FOR OUR COMMERCIAL COMMUNICATIONS AND PARTICIPATION IN PROMOTIONAL OPERATIONS

 

In order to keep you informed of our offers and our news, we are required to process the following Data:

 

• Identity data: title/gender; surname; first name; and possibly, we may ask you for your date of birth to offer you birthday offers;
• Contact data: e-mail address; postal address (address, postal code, city); telephone number;
• Your purchase history
• Your preferences regarding commercial communications: subscription to the newsletter, consent or refusal to receive commercial communications.
• Data communicated by you during promotional operations: participation data in a contest, completion of a questionnaire, photos, comments.

 

Purposes and legal bases:

The aforementioned data will be used to:

 

• Establish and maintain a customer file and a prospect file: the legal basis for the processing is our legitimate interest to keep up-to-date information on people who may be interested in our offers;
• Send you commercial communications relating to our offers: the legal basis for the processing is your consent to receive commercial prospecting messages;
• If you are already a customer, to send you offers containing products similar to those you have already ordered: the legal basis for the processing is our legitimate interest in offering our customers offers that may be of interest to them;
• Keep an up-to-date list of persons opposed to the receipt of commercial communications, in order to no longer send them offers: the legal basis for the processing is compliance with our legal obligation to respect the choices of the persons concerned not to receive communications of a commercial nature (Article L34-5 of the Postal and Telecommunications Code);

Organize and manage your participation in promotional operations (sweepstakes, competitions, etc.): the legal basis for the processing is the execution of the contract concluded with BLGD Enterprise to provide you with the requested service (voluntary participation in a promotional operation).

 

3.5. IMPROVEMENT OF OUR OFFERS

 

In order to continuously improve our products and offers, we also process the following Data:

 

• Data relating to your order: date, time, content of the order, purchase history;
• Exchanges with our services: date and time of your request, nature of your request (request for information before placing an order, request for exchange, request for refund, question relating to the follow-up of an order, etc.), content of exchanges with our services;
• Data provided by you during promotional operations: participation data in a contest, completion of a questionnaire, photos, comments;
• Data collected automatically when you browse the Site (cookies);

• Customer reviews and contributions published online: name or pseudonym under which the notice was published, date and time of the notice, content of the notice, product or service concerned, if applicable photo attached to the notice;

We may also enrich our Site by collecting and republishing reviews and contributions in connection with our products issued by our customers on other sites such as Facebook or Trustpilot when such contributions are freely available to the public;

 

Purpose: the processing of this data allows us to obtain information allowing the realization of audience and statistical analyses, necessary for the improvement of our products, our offers, and our commercial communications. 

 

Legal basis: The legal basis for the processing is then our legitimate interest in collecting statistical data to improve our products, offers and commercial communications.

 

3.6. DATA GENERATED DURING YOUR NAVIGATION ON THE SITE (COOKIES)

 

When you browse the Site, we use several types of cookies and tracers (hereinafter "cookies") to optimize your navigation and allow us to improve our offers.

 

Cookies refer to cookies and more generally, any file - deposited during the consultation of a website or a mobile application, the installation or use of software in the user's terminal equipment - having as its object the reading or writing of information in this equipment. Cookies allow us to collect Site Consultation Data (IP address, Internet service provider, hardware configuration, software configuration, browser type and language, etc.).

 

Cookies may be placed by BLGD Enterprise or by third-party companies without your consent when they are strictly necessary for the operation of the site or to facilitate communication to the public online, for example when they are intended for authentication, to store the contents of the shopping cart, to generate traffic statistics, or to limit free access to content requested by users.

 

In addition to cookies that have the exclusive purpose of allowing communication via our Site or cookies strictly necessary for the provision of the Service, we use cookies and tracers for the following purposes:

 

• Audience measurement and statistics cookies: we use cookies to collect information about visitors to the Site, namely: the number of visitors, the frequency of access by visitors and the date of last visit, the duration of consultation, the pages consulted on the Site, the device used to consult the site. These cookies allow us to improve the speed and security of our Site and to optimize our editorial choices and your browsing experience.

 

These cookies are deposited by BLGD Enterprise and by:

• Google Analytics
• Sc-static.net

 

• Advertising and marketing cookies: we use cookies to offer you personalized advertising content based on your browsing and profile. Their purpose is: to record information for marketing purposes, collect Browsing Data across multiple Websites, save the user's YouTube video playback preferences, estimate the user's bandwidth to adapt the playback of embedded YouTube videos, limit the number of times the same advertisement is displayed, offer you personalized advertisements, and measure their relevance.

 

These cookies are deposited by BLGD Enterprise and by:

• Google Ads
• Google DoubleClick
• Pinterest
• Snapchat
• Facebook
• YouTube

 

• Content Personalization: We use trackers to personalize the editorial content of the Site according to your use and to personalize the display of our offers according to those you have previously viewed on the Site. These are the following third parties:
• Google AdWords
• Facebook
• Pinterest

 

Sharing on social networks: We use cookies to allow you to share content on social networks or platforms present on the Site, namely Facebook, Pinterest, Instagram, and Twitter.

 

Consent to the deposit of cookies and tracers: Except for strictly necessary cookies, in the  absence of express consent on your part to the deposit of these cookies and tracers (in particular in the event of the continuation of your navigation on the Site), they will not be deposited on your terminal. You may be asked periodically to reiterate your consent to ensure that it is still valid.

 

Setting cookies and tracers: After giving your consent or refusing the deposit of certain cookies and tracers, you always have the possibility to modify your preferences directly via the Site thanks to the dedicated configuration tool or via the settings of your browser (Firefox with enhanced protection against tracking; Firefox with deletion of cookies; Chrome; Safari; Opera; Microsoft Edge).

 

You can also configure the browser of your terminal to activate the "Do Not Track" option, which will indicate to the Sites visited, advertising networks, or applications that you do not want to be "tracked". This feature is available for the following browsers: Firefox; Chrome; Internet Explorer; Safari; Opera;   Microsoft Edge.

 

In case of refusal of cookies not essential to the operation of the Site:

 

Some features of the Site such as video players or interactive content services offered by third parties deposit cookies allowing them to identify your consultation of the content. In case of refusal of the deposit of these cookies, the personalization features will not work. Navigation on the Site may work less smoothly and the content that will be offered to you (including suggestions for videos or advertisements) will still be present but will be unrelated to your interests.

 

• EXERCISE OF DATA SUBJECTS' RIGHTS

 

In order to allow data subjects to exercise the rights conferred on them by the regulations, we may process all the data listed above in point 3.

 

Purpose: the processing of this data allows us to manage requests for the right of access, rectification, right to erasure, right to limitation, right of opposition, and more generally the rights guaranteed by the Regulations.

 

Legal basis: the legal basis for the processing is then compliance with a legal obligation to allow the effective exercise of these rights to data subjects, in accordance with Articles 15 to 22 of the GDPR. 

 

4. SOCIAL NETWORKS AND THIRD-PARTY SITES

 

Exchanges on social networks. We may contact you or answer your questions via social media, if you contacted us first through this. You are informed that the use of social networks involves the processing of personal data by the providers of these networks (see their privacy policy, for Instagram (Facebook):  https://www.facebook.com/help/instagram/155833707900388), for Facebook: (https://www.facebook.com/policy.php  ). For Pinterest: (https://policy.pinterest.com/fr/privacy-policy-2016), and for Twitter: (https://twitter.com/fr/privacy).

 

If you contact us through one of these intermediaries, we will have to process the following Data: Name or pseudonym under which you are registered on the social network in question, profile picture possibly linked to your account, date, time, and content of our exchanges.

 

Public information.  The information about you, which you have transmitted to us, may be enriched for commercial, prospecting, communication, solicitation, or marketing purposes, by means of other sources of information such as social networks. This includes so-called "public" information or information that we may have access to as an administrator of a page or group. The legal basis for this processing is our legitimate interest as a commercial company. 

 

5. SHELF LIFE

 

Commitments. Means of effective deletion of Data undertaken as soon as the retention or archiving period necessary for the fulfillment of the specified or imposed purposes is reached, in particular after deletion of your account with our Company or at the end of the contract with our company.

 

In any case, the Data subjected to processing are not kept beyond the time necessary for the performance of the obligations defined at the time of the conclusion of the contract, or imposed by the legislation in force. Beyond that, they may be anonymized and stored for statistical purposes, in aggregate form.

 

Disputes. Likewise, we may archive information demonstrating the performance of our contractual obligations until the expiry of the applicable limitation periods applicable to legal actions, and this for the proper defense of our interests before the courts in the event of subsequent litigation. This concerns in particular but not exclusively the durations provided for by the Commercial Code, the Civil Code and the Consumer Code.

 

The personal data we process are kept for the periods presented in the table below:

 

Data concerned	Shelf life
Data processed for commercial prospecting purposes	Until the withdrawal of the consent of the customer / prospect or failing that, 3 years from the last active behavior of the prospect or the collection of Data
Data necessary for the Processing of your order and the management of contractual and commercial relations	3 years from the last active behavior of the customer or failing that, from the end of the contractual relationship. For accounting documents (purchase orders, delivery notes, customer invoices): 10 years from the end of the financial year
Order contracts for an amount of less than 120.00 euros	5 years from the conclusion of the contract
Order contracts for an amount greater than 120.00 euros	10 years from the date of delivery or provision of the service.
Bank details: in case of single payment (with the exception of the visual cryptogram which is never kept)	13 months for immediate debit payment cards and 15 months for deferred debit payment cards from the date of debit (for the purpose of responding to a possible dispute)
Bank details: in case of payment in several instalments (with the exception of the visual cryptogram which is never kept)	13 months for immediate debit payment cards and 15 months for deferred debit payment cards from the date of debit of the last payment deadline, occurring at the end of the subscription (for the purpose of responding to a possible dispute)
Login data to your customer area	Deactivation of the space and deletion of data (after customer information) 3 years from the last connection of the customer
Data relating to customer reviews and online contributions on Third Party Sites	Duration during which the notice or contribution is freely accessible to the public online on the Site where it was originally published
Data relating to consent or opposition to the receipt of commercial prospecting messages	In order to guarantee the effectiveness of your right to object, your refusal to receive commercial prospecting messages will be kept for 5 years. During this period, your email address will not be used for any other purpose.
Data collected by cookies and other tracers during your navigation on the Site	Lifetime of cookies: 13 months maximum from the initial deposit of the cookie or tracer (this duration is not extended each time you visit the Site)   Retention period of the information collected through these cookies: 25 months maximum

 

 

6. EXERCISING YOUR RIGHTS

 

For any request to exercise the rights mentioned below or for more information, you can contact BLGD Enterprise by email at the address: Contact@vkngjewelry.com or at the postal address: BLGD Enterprise, 21 Boulevard Kraëmer, 13014 Marseille, France.

 

In accordance with the Regulation, you have the following rights to your Data:

 

• Right of access to your data, including the right to request a copy, and to the information provided in this privacy policy (Art. 15 GDPR). Where the legal basis for the Processing is our legitimate interest, you have the possibility to request information relating to the balancing that we have made between the interests of our customers and those of BLGD Enterprise prior to this Processing.

 

• Right to rectification (Art. 16 GDPR) and to update your Data that we have.

 

• Right to erasure of your Data (Art. 17 GDPR) in the following cases:

 

• when the data is no longer needed by us,
• where you have withdrawn your consent to their processing (if the processing was based on the legal basis of consent),
• when you object to processing that has our legitimate interest as its legal basis or to processing carried out for prospecting purposes or profiling purposes related to prospecting.

 

• Right to withdraw your consent at any time (Art. 13-2c GDPR) for any Processing of Data based on the legal basis of your consent. In addition, in terms of commercial prospecting, you have the possibility to unsubscribe at any time from our mailing lists by clicking on the unsubscribe link in our communications or by contacting us to no longer receive a solicitation message.

 

• Right to restriction of processing, which, unless there is a compelling reason, can no longer be implemented without your consent (Article 18 of the GDPR) when:

 

• You dispute the accuracy of the data, for the time necessary for their verification;
• If the data processing is unlawful but you object to the erasure of the data and instead choose the restriction of the processing;
• When we no longer need the data but are still necessary for the establishment, exercise or defence of your legal claims;
• Where you have objected to processing based on our legitimate interest, for the time necessary to balance our respective interests.

 

• Right to portability of the data you have provided directly, when they are subject to automated processing based on your consent or on a contract (Art. 20 GDPR). This right means that you have the possibility to request the communication of this data in a structured, commonly used and machine-readable format so that it can be communicated to another controller.

 

• Right to object (Art. 21 GDPR) to the processing of your data where the legal basis for this processing is our legitimate interest.

 

• Right to define the fate of your Data after your death (art. 40-1 of Law 78-17 of 6 January 1978) and to choose a trusted third party to whom BLGD Enterprise must entrust them. You can get more information on this subject on the CNIL website.

 

In the event of a request to exercise your rights, BLGD Enterprise reserves the right to ask you to specify your request and to provide an identity document (which will be kept for one year in case of exercise of the right of access or rectification and three years in case of exercise of the right of opposition).

 

If our response has not given you complete satisfaction, you always have the possibility to lodge a complaint with the authority for the protection and control of Personal Data to which you belong (in France, the CNIL).

 

7. RECIPIENTS

 

As part of our activities, your Personal Data is communicated to the third parties presented below, who present sufficient and appropriate contractual guarantees to respect your rights, so that the processing meets the requirements of the GDPR where this regulation applies (in particular with regard to subcontracting). Data transfers take place in compliance with the applicable Regulations, within the limits of the Data strictly necessary and while ensuring their security.

 

The information you provide to us is intended for internal use by authorized persons, it is strictly confidential and may not be disclosed to third parties, except under the conditions provided for by the Regulation in case of express agreement.

 

• BLGD Entreprise employees and mainly employees in charge of order management, customer relations and marketing will have access to all of your Data.
• Our payment service providers are recipients of your identity, contact details and payment information necessary for the transaction.

Payment information (credit card number / bank details) is processed by our payment service providers who apply their own privacy policy: PayPal,  Stripe.

• Our delivery service providers: DHL, Swiss Post (and UkrPoshta for orders of products manufactured on request in Ukraine) are recipients of your identity, your postal address for delivery and billing, your telephone number, and your email address in order to be able to proceed with the delivery of your order.

The carriers in charge of the delivery apply their own privacy policy on the Data transmitted to them as part of the Order, or that they are required to collect in order to make the delivery.

• If you order Products made on request in Ukraine, our manufacturing partner will have access to your identity, your delivery and billing address, your telephone number and email address as well as the content of your order in order to be able to proceed with the delivery of your order.

• Third parties who deposit cookies and other tracers on our Site will have access to the Data generated during your browsing if you have consented to the deposit of these cookies.
• Our hosting service provider (see legal notice);
• Our mailing service providers  are recipients of your identity, your billing address, your email address and information about the device and applications you use to access emails sent by these providers (IP address, your operating system, your browser ID).

 

• Upon request, the police, administrative or judicial authorities whose right of access to Personal Data is recognized by law will be recipients of your Data in the event of a request from them or in order to enforce our rights.

 

Interconnection. In the event that your member area can connect to another service (for example, a social network) for cross-mailings, then the third-party service may provide us with information that you have authorized the disclosure of. You are informed that the publishers of third-party services may also collect information regarding the consultation and / or use of the Site, in accordance with their own personal data processing policy. More information on registering for the Site from a third-party account, for:

Facebook: https://www.facebook.com/help/223184117694507; https://developers.facebook.com/docs/facebook-login/overview

Google: https://support.google.com/accounts/answer/112802?co=GENIE.Platform%3DDesktop&hl=fr

 

Transfer outside the EU.  We store your personal data in the European Union. However, as part of our activity, your Data may be transmitted for the purposes defined above to companies located outside the European Union.

 

When products manufactured on request are made in Ukraine, we transfer the following data: identity, delivery and billing address, telephone number and email address as well as the content of your order to this country.

 

In addition, as part of our contractual relationship with our hosting service provider, your data may also be transferred to the United States.

 

In these cases, and before any transfer, BLGD Entreprise  ensures that it respects the guarantees necessary to secure such a transfer by framing it through the European Commission's Standard Contractual Clauses.

 

You can obtain more detailed information about this transfer and the applicable guarantees by contacting us at: Contact@vkngjewelry.com.

 

Aggregation of non-personal data. We may publish, disclose, and use aggregated information (information about site users, prospects, customers, etc.) that we combine so that no individual is individually identifiable. This processing is carried out in accordance with our legitimate interest for statistical purposes, industry and market analysis, presentation of our activities, promotional and advertising purposes, and other commercial purposes.

 

8. COMPUTER SECURITY

 

Commitments.  We undertake to implement the appropriate technical and organizational measures through physical and logistical security means to limit the risks of accidental, unauthorized, or illegal access, disclosure, alteration, loss, or destruction of personal data concerning you.

 

Warnings. We invite you to remain cautious about what you decide to make public on the internet. With regard to personal data, including your privacy or sensitive data made public at your initiative or deducted via your contributions, comments and positions of any kind whatsoever on the Site, or social networks on groups and / or conversations with other users of the Site.

 

Https protocol. The URL address of the Site is accompanied by a closed padlock or a key appears at the bottom right of your browser indicating the existence of the Https security protocol, applicable to data storage in particular. This means that you are in a safe browsing area, especially when you are asked for your credit card number.

 

Data breach. In the event that an event leads to the realization of the risks of modification, disappearance or unauthorized access to the Data, we undertake to:

• Examine the causes of the incident;
• Take the necessary measures to limit the negative effects and damages that may result from the incident;
• Notify the competent authority and/or data subjects as soon as possible where this meets a legal requirement.

Under no circumstances can the commitments defined in the above point be assimilated to any acknowledgment of fault or responsibility for the occurrence of this incident.