SMARTCATCH, a simplified joint stock company with a share capital of €513,333.00, registered in the Toulouse Trade and Companies Register under number B 822 393 013, having its registered office at 1 Place Pierre Potier in Toulouse (31100) (hereinafter the "Company") operates the website https://www.smartcatch.fr/ (hereinafter the "Site"), which is intended to provide information concerning the products and services developed by the Company.
The purpose of these Terms is to (i) define the conditions under which Users may access the Site and (ii) govern, on the one hand, the rights and obligations of the Company and, on the other hand, the rights and obligations of Users, in the context of the use of the Site.
The User undertakes, on each of his visits to the Site, to comply with these Terms applicable to the entire Site. Consequently, the User accepts unreservedly the present Terms in their entirety before any use of the Site.
The simple fact that the User accesses the Site automatically implies unreserved acceptance by the latter of these Terms.
The Company reserves the right to modify the present Terms at any time and without prior notice. The modifications will take effect as soon as they are posted online. Consequently, the User is advised to regularly refer to the latest version of the Terms available at the following address : www.smartcatch.fr/terms-of-use
The fact of continuing to use the Site after the modification of the Terms implies the acceptance by the User of the modifications.
2.1. Access to the Site is free of charge and viewing its home page does not require any prior registration.
The equipment and material resources allowing access to the Site, their updates, proper functioning and maintenance are the exclusive liability of the User. The User is also liable for the telecommunication costs incurred to access and consult the Site (in particular the cost of the Internet access provider).
2.2. The Company grants the User a non-exclusive right to consult and access the information available on the Site, the information contained therein being provided for information purposes only.
In this respect, the User undertakes in particular to :
2.3. The User accepts unconditionally and unreservedly that browsing and use of the Site are under his sole liability.The Company reserves the right to claim damages in case of infringement and more generally of its rights.
3.1. The Company undertakes to make its best efforts to secure access, consultation and use of the Site. The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the Company's control, and in any event subject to any breakdowns, malfunctions and corrective, evolutionary or preventive maintenance operations necessary for the proper functioning and development of the Site.
Maintenance work may be carried out without prior notice to Users.
3.2. The Company reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, as well as the right to delete, limit, suspend or prohibit access to it, temporarily or permanently.
The Company shall not be held liable in any way in this respect. The Company reserves the right to delete or modify any information present on the Site, in particular those in violation of national laws.
3.3. The User declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges that :
4.1. The Company shall in no event be liable for any direct or indirect damages resulting from the use of the Site or the inability to access or use the services of the Site.
The Company makes no guarantee to Users regarding the quality or availability of the Site, in particular in the event of interruption of the link, breakdowns of servers, difficult or impossible connection to the Internet, etc.
4.2. The Company can give no guarantee of reliability, completeness, accuracy and timeliness of all data on the Site, whether provided by the Company itself or by its partners. Consequently, all data appearing on the Site are provided for information purposes only. The Company shall not be held liable for the incomplete or inaccurate nature of such information.
4.3. The Company shall not be held liable for the presence of viruses on the Site.
4.4. The Company shall not be held liable for any incompatibility, malfunction or other technical problems between the use of the Site and the User's computer equipment.4.5. The User of the Site is liable for any damage caused by his connection or use of the Site, whether to himself, to third parties or to his equipment.
The User may not send on or from the Site, pornographic, obscene, defamatory, offensive, invasive of privacy or image rights, threatening, harassing, illegal or other, which may constitute criminally reprehensible conduct, engage the civil liability of the Company. The User is also prohibited from using the Site for unauthorized, fraudulent, illegal or illicit purposes.
Intrusion or attempted intrusion into the Company's systems is also prohibited. Furthermore, the User shall not hijack all or part of the Site's system, undermine the security measures, rights and interests of any kind of the Company and third parties.
6.1. All elements published on the Site such as logos, graphic design, presentation, information, layout, content of the Site (videos, images, graphics, texts, sounds, etc.), as well as trademarks, corporate names, trade names, signs, domain names, without this list being exhaustive, are the exclusive property of the Company or the Company holds the necessary rights and authorizations to exploit them exclusively.
The Company is the owner or holder of the intellectual property rights relating to both the structure and the content of the Site, unless expressly stated otherwise.
6.2. Any reproduction or representation, in whole or in part, of the Site or of its component parts, such as trademarks, corporate names, trade names, signs, domain names, logos, graphic design, layout, information, photographs, presentation and content of the Site (videos, images, graphics, texts, sounds, etc.), without this list being exhaustive, which could be made without the express agreement of the Company or its beneficiaries, are prohibited and will expose the User concerned to legal proceedings.
6.3. The present Terms and the navigation on the Site do not entail the transfer of any intellectual property right to the User, either on the structure or on the content of the Site.
The Company only grants the User a non-exclusive right to consult the Site, for his or her strictly personal and private use, which the User expressly acknowledges and accepts.
6.4. The User expressly undertakes to ensure that the use made of the Site does not in any way infringe the Company's rights, and in particular that such use does not constitute an infringement or unfair or parasitic competition.
The Company reserves the right to claim damages in case of infringement of its rights.
6.5. The User is expressly forbidden, except with the prior and express authorization of the Company, to :
6.6. The User guarantees the Company against any damage that may result from any breach of this article.
7.1. The Company ensures the respect of the private life and the data of the Users. It undertakes to ensure that the information collected through the Site is processed in accordance with the applicable laws and regulations.
7.2. If the User wishes to contact the Company, he/she can use the contact form available on the Site. In this context, the User is required to provide personal data about him/her, in particular his/her name and email address.
7.3. The personal data communicated on this occasion are necessary to process the User's request and are collected solely for this purpose.
7.4. The data is kept for the time necessary for the purposes for which it is collected and processed, namely the time necessary to process the User's request, unless:
7.5. Access to personal data is strictly limited to the Company's employees authorized to process them by virtue of their functions.
7.6. Data is processed within the European Union.
7.7. The User has the right to access his/her personal data and to request that they be corrected, completed or updated. The User may also request the deletion of his or her data or object to their processing, provided that he/she can prove a legitimate reason.
The User may withdraw at any time the consent he has given to the Company regarding the processing of his/her data.
The User may request to exercise the right to data portability, i.e. the right to receive the data provided in a structured format, and the right to transmit such data to a third party.
Notwithstanding the above, the Company may retain certain data when required to do so by the laws and regulations applicable to its business or when it has a legitimate reason to do so.
The User may formulate instructions regarding the retention, deletion and disclosure of his/her data communication of his data after his death.
The User can exercise his rights with Mrs. Aline Cerf by email at the following address firstname.lastname@example.org or by mail at the following address SMARTCATCH - 1 PL PIERRE POTIER 31100 TOULOUSE.The Company may verify the identity of the applicant and/or ask him/her to produce a copy of his/her ID to respond to the request. The Company will respond to the request as soon as possible and, in any event, within the time limits set forth by applicable laws and regulations.The User may lodge a complaint with the Commission nationale de l'informatique et des libertés (CNIL).For more information about his rights and the processing of data, the User may go to visit https://www.cnil.fr/.
7.8. The Company shall use its best endeavors to process requests relating to Users' personal data as quickly as possible.
7.9. In the event of a security breach on the Site or loss of personal data relating to Users, the Company will inform them by any means in accordance with applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure the security of the data.
7.10. In general, the Company undertakes to comply with all the obligations imposed on data processors by the applicable regulations, including the General Regulation on the Protection of Personal Data (GDPR). These obligations concern in particular the security and confidentiality of Users' personal data.
The pages of the Site may contain hypertext links to third-party websites, managed by separate companies over which the Company has no control. As such, the Company declines all liability concerning the legal consequences linked to access to these sites from the Site.
9.1. If any of the provisions of these Terms were to be declared null and void or inapplicable in application of a law, a regulation or following a court decision that has become final, it would be deemed unwritten, and the other provisions would remain in force.
9.2. The contractual relationship between the Company and the User is governed solely by the provisions of these Terms.
9.3. In the event of non-compliance by the User with any of the provisions of these Terms, the Company reserves the right to suspend the User's access to the Site and to initiate any action against the User.
The present Terms are subject to French law.
Only the courts within the jurisdiction of the Court of Appeal of Toulouse will be competent to hear any disputes relating to these Terms and their implementation, including their validity, interpretation, execution, termination and their consequences, except in the case where this allocation of jurisdiction would not be applicable because of the quality of one of the parties.