Mentions légales

Definitions

Client: any professional or natural person with legal capacity within the meaning of Article 1123 and seq. of the Civil Code, or legal entity, who visits the Site subject to these general terms and conditions.

Services and products: https://www.hubup.fr provides Clients with:

Content: All elements that make up the information present on the Site, including text, images, and videos.

Customer information: Hereinafter referred to as ‘Information’ which corresponds to all personal data that may be held by https://www.hubup.fr for the management of your account, customer relationship management, and for analysis and statistical purposes.

User: Internet user who logs in and uses the aforementioned site.

Personal information.’Information that, in any form, directly or indirectly allows the identification of the natural persons to whom it applies’ (Article 4 of Law No. 78-17 of January 6, 1978).

The terms ‘personal data’, ‘data subject’, ‘processor’, and ‘sensitive data’ have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679)

1. Website presentation

In accordance with Article 6 of the law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website https://www.hubup.fr are informed of the identity of the different parties involved in its creation and monitoring:

Owner : SAS HUBUP Capital social of €5000 VAT number FR62818521551 – 112 rue Charles Pathé 77173 CHEVRY-COSSIGNY

Publication manager : Hubup – contact@hubup.fr The person responsible for publication is either a natural person or a legal entity.

Webmaster : Quentin Rondepierre – quentin.rondepierre@hubup.fr

Hosting provider : AWS – Amazon La Défense CDG 11 AWS, 31 Place des Corolles, Courbevoie, 92400

Data Protection Officer: Nicolas Voisin – nicolas.voisin@hubup.fr

2. Terms of use of the website and the services offered

The website constitutes a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, assign or exploit for his own account all or part of the elements or works of the website.

The use of the website https://www.hubup.fr implies full and complete acceptance of the following terms and conditions to use. These terms of use may be modified or supplemented at any time, so users of the website https://www.hubup.fr are invited to consult them regularly.

The website is normally accessible to users at all times. However, an interruption for technical maintenance may be decided by https://www.hubup.fr, who will make every effort to communicate the dates and times of the intervention to users beforehand. The website https://www.hubup.fr is regularly updated by https://www.hubup.fr, the responsible party. Similarly, the legal notices may be notified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to become aware of them.

3. Description of services provided

The website https://www.hubup.fr aims to provide information on all of the company’s activities. https://www.hubup.fr strives to provide information on the website https://www.hubup.fr that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updating, whether they are due to its own actions or those of third-party partners who provide this information.

All information provided on the website https://www.hubup.fr is for informational purposes only and may be subject to change. In addition, the information on the website https://www.hubup.fr is not exhaustive. It is provided subject to changes that may have been made since it was posted online.

4. Contractual limitations on technical data

The website uses JavaScript technology. The website shall not be held responsible for any material damage related to the use of the website. In addition, the user of the website agrees the website using recent equipment that does not contain any viruses and with an up-to-date, latest-generation browser. The website https://www.hubup.fr is hosted by a provider in the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The goal is to provide a service that ensures the highest possible level of accessibility. The hosting provider ensures continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, in particular for maintenance purposes, improvement of its infrastructure, failure of its infrastructure, or if the Services and Products generate trafic that is deemed abnormal.

https://www.hubup.fr and the hosting provider cannot be held responsible in the event of a malfunction of the Internet network, telephone lines, or computer and telephony equipment, in particular due to network congestion preventing access to the server.

5. Intellectual property and counterfeiting

https://www.hubup.fr owns the intellectual property rights and holds the usage rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the website, regardless of the means or process used, is prohibited, except with the prior written authorization of https://www.hubup.fr.

Any unauthorized use of the website or any of its elements will be considered as constituting infringement and will be pursued in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of liability

https://www.hubup.fr acts as the publisher of the website https://www.hubup.fr and is responsible for the quality and truthfulness of the Content it publishes.

https://www.hubup.fr cannot be held responsible for direct or indirect damages caused to the user’s equipment when accessing the website https://www.hubup.fr, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the occurrence of a bug or incompatibility.

https://www.hubup.fr shall not be responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website https://www.hubup.fr. Interactive spaces (such as the possibility to ask questions in the contact space) are available to users. https://www.hubup.fr reserves the right to remove, without prior notice, any content posted in these spaces that would violate applicable law in France, particularly with regard to data protection regulations. If necessary, https://www.hubup.fr also reserves the right to hold the user civilly and/or criminally liable, particularly in the case of messages that are racist, defamatory, or pornographic in nature, regardless of the medium used (text, photograph, etc.).

7. Management of personal data

The Client is informed about the regulations concerning marketing communication, the Law of June 21, 2014 for Confidence in the Digital Economy, the Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Personal data collection Officer

For Personal Data collected in the context of creating the User’s personal account and browsing the website, the data controller for Personal Data is : HUBUP. https://www.hubup.fr represented by Eric CHAPRON, its legal representative.

As the data controller of the data it collects, https://www.hubup.fr is committed to respecting the legal framework in force. It is the responsibility of the Client in particule to establish the purposes of their data processing, to provide their prospects and customers, from the collection of their consents, with complete information on the processing of their personal data, and to maintain a register of processing activities that is in compliance with reality. Whenever https://www.hubup.fr processes Personal Data, https://www.hubup.fr takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which it processes them.

7.2 Purpose of collected data

https://www.hubup.fr may process all or part of the following data:

to allow navigation on the website and the management and traceability of services and products ordered by the user: connect and use data of the website, billing, order history, etc.

to prevent and fight against computer fraud (such as spamming, hacking…): computer hardware used for browsing, IP address, password (hashed)

to improve navigation on the website: connection and usage data

to conduct optional satisfaction surveys on https://www.hubup.fr: email address

to conduct communication campaigns (sms, email): phone number, email address

https://www.hubup.fr does not market your personal data and therefore only uses it out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification, and opposition

According to the current European regulation, users of https://www.hubup.fr have the following rights:

the right of access (Article 15 of the GDPR) and rectification (Article 16 of the GDPR), updating, completeness of User’s personal data, the right to lock or erase the personal data of Users (Article 17 of the GDPR) when it is inaccurate, incomplete, ambiguous, outdated, or when the collection, use, communication or storage of such data is prohibited

the right to withdraw consent at any time (Article 13-2c of the GDPR)

the right to limit the processing of User Data (Article 18 of the GDPR)

the right to object to the processing of User Data (Article 21 of the GDPR)

the right to data portability for personal data that users have provided, when these data are subject to automated processing based on their consent or on a contract (Article 20 of the GDPR)

the right to define the fate of the User’s Data after their death and to choose to whom https://www.hubup.fr will (or will not) communicate their data to a previously designated third party

As soon as https://www.hubup.fr becomes aware of the death of a User and in the absence of instructions from the User, https://www.hubup.fr undertakes to destroy their data, unless their retention is necessary for evidentiary purposes or to comply with a legal obligation.

If the User wishes to know how https://www.hubup.fr uses their Personal Data, request to rectify them, or object to their processing, the User may contact https://www.hubup.fr in writing at the following address:

HUBUP – DPO, Nicolas Voisin 112 rue Charles Pathé 77173 CHEVRY-COSSIGNY.

In this case, the User must specify the Personal Data that they would like https://www.hubup.fr to correct, update, or delete, while clearly identifying themselves with a copy of an identification document (ID card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://www.hubup.fr by law, particularly with regard to the retention or archiving of documents. Finally, Users of https://www.hubup.fr may file a complaint with supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of personal data

https://www.hubup.fr prohibits processing, hosting, or transferring the Information collected on its Clients to a country located outside the European Union or recognized as ‘not adequate’ by the European Commission without prior notification to the client. However, https://www.hubup.fr remains free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees in accordance with the requirements of the General Data Protection Regulation (GDPR : No. 2016-679).

https://www.hubup.fr undertakes to take all necessary precautions to preserve the security of the Information, and in particular to ensure that it is not disclosed to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of https://www.hubup.fr, it shall promptly inform the Client and communicate the corrective measures taken. In addition, https://www.hubup.fr does not collect any ‘sensitive data’.

The User’s Personal Data may be processed by subsidiaries of https://www.hubup.fr and subcontractors (service providers) exclusively for the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes stated above, the main persons likely to have access to the data of https://www.hubup.fr users are mainly the agents of our customer service.

8. Incident notification

Despite the efforts made, no method of transmission over the Internet and no electronic storage method is completely secure. Consequently, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of any security issues related to their account and to providing them with all necessary information to help them comply with their own regulatory reporting obligations.

No personal information of the user of the website https://www.hubup.fr is published without the user’s knowledge, exchanged, transferred, assigned, or sold in any format to third parties. Only in the event of the purchase of https://www.hubup.fr and its rights, would the transmission of such information to the potential buyer be possible, who would in turn be bound by the same obligation to preserve and modify the data with respect to the website https://www.hubup.fr.

Security

To ensure the security and confidentiality of Personal Data and Health Personal Data, https://www.hubup.fr uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, https://www.hubup.fr takes all reasonable measures to protect them against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.

9. Hyperlinks, cookies, and web beacons

The website https://www.hubup.fr contains a number of hyperlinks to other websites, which have been set up with the permission of https://www.hubup.fr. However, https://www.hubup.fr does not have the ability to verify the content of the visited websites, and therefore assumes no responsibility for this.

Unless you decide to disable cookies, you agree that the website may use them. You can disable these cookies at any time and free of charge using the deactivation options offered and mentioned below, knowing that this may reduce or prevent accessibility to all or part of the services offered by the website.

9.1 « COOKIES »

A cookie is a small information file sent to the user’s browser and saved on the user’s device (e.g. computer, smartphone) (hereinafter ‘Cookies’). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, as well as the date and time of access. Cookies cannot in any way damage the User’s device.

https://www.hubup.fr may process information about the User’s visit to the website, such as the pages viewed and the searches performed. This information allows https://www.hubup.fr to improve the content and user experience of the website.

Since Cookies make navigation and/or provision offered by the website easier, the User can configure their browser to decide whether or not to accept them, so that Cookies are stored in the device, or rejected, either systematically or depending on their sender. The User can also configure their browsing software to offer them the option to accept or refuse Cookies on a case-by-case basis, before a Cookie is likely to be stored on their device. https://www.hubup.fr informs the User that in this case, certain features of their browsing software may not be available.

If the User refuses to store Cookies on their device or browser or if the User deletes those stored on their device, the User is informed that their browsing and experience on the website may be limited. This may also be the case when https://www.hubup.fr or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the device, language and display settings or the country from which the device appears to be connected to the Internet.

Where applicable, https://www.hubup.fr disclaims all liability for the consequences related to the degraded operation of the website and any services offered by https://www.hubup.fr, resulting from (i) the User’s refusal of Cookies or (ii) the inability of https://www.hubup.fr to store or consult the Cookies necessary for their operation due to the User’s choice. Each browser has a different configuration for managing Cookies and User preferences. This is described in the browser’s help menu, which will explain how the User can modify their Cookie preferences.

At any time, the User can choose to express and modify their preferences regarding Cookies. Furthermore, https://www.hubup.fr may use the services of external providers to assist in collecting and processing the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, LinkedIn and Google Plus present on the website of https://www.hubup.fr or in its mobile application, and if the user has accepted the deposit of cookies by continuing their navigation on the website or mobile application of https://www.hubup.fr, Twitter, Facebook, LinkedIn and Google Plus may also deposit cookies on their devices (computer, tablet, mobile phone).

These types of cookies are only deposited on your devices if you consent to it by continuing your navigation on the website or mobile application of https://www.hubup.fr. However, at any time, the User may withdraw their consent for https://www.hubup.fr to deposit this type of cookies.

9.2 Web beacons

https://www.hubup.fr may occasionally use internet tags (also known as ‘tags’, or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.

These tags are placed both in online advertisements allowing Internet users to access the website, and on the different pages of the website.

This technology allows https://www.hubup.fr to evaluate visitors’ responses to the website and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of the website by the User.

The external provider may collect information about visitors to the website and other websites through these tags, compile reports on the website activity for https://www.hubup.fr, and provide other services related to the use of the website and the Internet.

10. Applicable law and juridiction

Any dispute relating to the use of the website https://www.hubup.fr is subject to French law. Except where prohibited by law, exclusive jurisdiction is given to the competent courts of.