special terms and conditions
(hereinafter referred to as "stc").
PLEASE READ THESE SPECIAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES CAREFULLY BEFORE USING THE REFERENCE, PROMOTION AND ONLINE PUBLICATION SERVICES IN A PROFESSIONAL DIRECTORY, ACCESSIBLE ON THE ONLINE PLATFORM PUBLISHED BY THE COMPANY WE LINK SAS HEREINAFTER THE "COMPANY") (HEREINAFTER THE "PLATFORM").
THESE SPECIAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES (HEREINAFTER THE "STC") DEFINE THE CONDITIONS AND OBLIGATIONS RELATING TO THE SUBSCRIPTION OF THE SERVICES OFFERED BY THE COMPANY ON THE PLATFORM.
ANY USE AND/OR RECOURSE TO THE SERVICES THAT YOU (HEREINAFTER REFERRED TO AS THE "PROFESSIONAL") ARE OFFERED BY THE COMPANY IMPLIES YOUR UNRESERVED ACCEPTANCE OF THESE STC WHEN YOU TAKE OUT YOUR SUBSCRIPTION ONLINE (HEREINAFTER DEFINED) BY MEANS OF THE ELECTRONIC SIGNATURE TOOL (HEREINAFTER DEFINED) SET UP.
THE USE OF THE SERVICES PROVIDED ON THE PLATFORM IS EXCLUSIVELY RESERVED FOR PERSONS CAPABLE OF ENTERING INTO CONTRACTS IN ACCORDANCE WITH THE APPLICABLE LAW.
YOU ARE INFORMED THAT THE PLATFORM IS NOT A PUBLIC, OFFICIAL OR CORPORATIST ORGANISATION RELATED TO THE REGULATED OR UNREGULATED PROFESSION YOU PRACTICE.
THE PLATFORM IS PRIVATE AND SEPARATE FROM ANY OFFICIAL BODY/ADMINISTRATION.
In the present STC, it is agreed that the following expressions or words, whether used in the singular or plural, shall have the following meaning:
The Professional hereby declares that the Professional has first verified the adequacy of the Professional’s needs to the Services provided via the Platform.
The Professional thus declares and guarantees that the Professional has received from the Company all the information and advice the Professional needed to subscribe to these STC and that the Professional consequently waives any dispute on this point.
As a result, the Professional acknowledges having been informed that the Company is only a technical service provider offering the use of a Platform for publishing Profiles in a professional directory and putting Professionals and Clients in contact with each other.
It is therefore up to the Professional to check that the Services offered on the Platform are adapted to the Professional’s needs.
The Professional further declares that the Professional has the knowledge, skills and resources, in particular human and technical resources, required to use the services of the said Platform.
The purpose of these STC is to define, on the one hand, the legal framework for the subscription by the Professional enabling the Professional to access the Services and, on the other hand, the conditions for putting the Professional in contact via the Platform with other users, in particular potential Clients, and to specify the rights and obligations of each Professional with regard to the said third parties.
The use and/or recourse to the Service offered by the Company to the Professional implies unreserved acceptance of these STC by the Professional when the Professional subscribes online to the Professional’s Subscription via the Electronic Signature Tool. The mere fact of using the said Services implies the pure and simple acceptance of these STC, which the Professional expressly declares and acknowledges.
These STC are supplemented by the Order Form (hereinafter defined) and the General Terms and Conditions of Use (hereinafter the "GTC") which together form a single and inseparable contract in the following order of decreasing prevalence:
A copy of these STC, the Order Form and the GTC signed and showing the electronic signature certificate will be sent in PDF format, by e-mail, to the Professional, in the version in force at the time of their acceptance under the conditions of Article 6.1 below.
It is specified as necessary that the Professional may save and/or print these STC, provided that they are not modified.
The version of the STC available on the Platform will prevail, where applicable, over any other version hereof, with the exception of any modifications that may have been made subsequent to its use of the Services, in accordance with common law.
These STC are applicable as soon as they are accepted electronically by the Professional, who undertakes to respect them throughout the period of use of the Services by the Professional and in particular throughout the Subscription period as defined in Article 1 of the STC.
The Professional is informed that the STC may be updated at any time under the conditions of Article 15 hereof.
The Professional is informed that these STC have been updated on 26/04/2021.
Subsequent modifications to these STC will be enforceable against Professionals from the time they are put online.
The Service allows the creation, editing, referencing, publication and online posting of a Profile on the Platform, through which the Professional can publish and disseminate information on the activity of the Professional and/or the company in which the Professional generally operates.
The Profile is divided into several Modules:
In addition, the Service also offers a private messaging tool between the Professional and the Clients.
All of these Services are provided to the Professional for the duration of the Subscription.
For the Professional to access the Service, the Company creates the Professional’s Professional Account by collecting some identification and payment method information (bank details, bank card) with the Professional by phone.
An email is then sent to the Professional to summarize all the information concerning the Subscription and invite the Professional to validate the Professional’s subscription online by proceeding to:
Acceptance of all these contractual documents is carried out by electronic signature via the Electronic Signature Tool.
This step is crucial and the Professional may not sign the Order Form and the STC without first having read and accepted all the provisions of these STC.
The Professional then receives an email from the publisher of the Electronic Signature Tool enabling the Professional to download the Order Form and these signed STC.
The Contract between the Company and the Client shall only be considered firm upon receipt by the Company of the Purchase Order and the STC duly signed by the Client.
To this end, the Professional receives an email summarising the Professional’s identification information accompanied by the current version of these STC, as well as an invoice relating to the price of the Subscription, which will only be paid after 8 (eight) days after the invoice was issued.
Unless otherwise agreed between the Parties and formalised in the Order Form, the duration of the Subscription shall be twelve (12) months and shall take effect from the signature of the Order Form and the STC by the Professional.
The Subscription is renewable for the same period by tacit agreement, except in the event of termination by the Professional, under the conditions of Article 9 below.
The Company undertakes to create the Professional's Profile within seventy-two (72) hours, on the basis of the information provided by the Professional upon registration.
The Professional is then contacted by the Company by phone or by email for the purpose of validating the information and content of the Professional’s Profile.
Once the content of the Professional’s Profile has been validated by the Professional, the Company will confirm the availability of the Professional’s Profile to the Professional by sending the Professional an email and will provide the Professional with the Professional’s Login ID which will enable the Professional to access the Professional’s Professional Account and to validate the online publication of the Professional’s Profile.
If the Professional does not validate the Professional’s Profile within 15 (fifteen) days of the Professional’s registration, the Profile will be deemed to be tacitly validated and the Company will put it online in the manner described above.
Once a Profile has been created under the terms of this article, the Professional may request the Company at any time to modify the content of the Professional’s Profile.
Each Professional acknowledges the Professional’s full responsibility for the use that will be made of the Professional’s Professional Account, the Platform and the Professional’s Login ID.
The Professional undertakes to carry out all acts within the Professional’s Professional Account under the Professional’s own Login ID.
Likewise, all acts performed under these Login ID will be considered to have been performed by the Professional.
If the Professional forgets, misuses or in the event of an unauthorised use of the Professional’s Login ID by another person, the Company's liability may not be engaged under any circumstances and the Professional must immediately inform the Company of this situation by sending a letter to the Company's Contact Details.
Upon receipt of this duly justified written notification, the Company will study the file and may, as a security measure, suspend all access to the Professional Account.
The Company will process the Professional's request as soon as possible and will send the Professional the new Login ID by email after verification of the Professional’s identity.
The Professional remains responsible for the use of the Professional’s Professional Account by third parties until the Company modifies the Login ID and guarantees the Company against any action or claim concerning the loss of data resulting from the loss or fraudulent use of the Professional’s Login ID.
The Professional also accepts that the computer or electronic records made by the Company and/or its suppliers for the delivery of the Service, of all operations carried out in particular through the Professional’s Professional Account, may be opposed or used before any competent administrative and/or judicial authority as evidence.
In order to provide Clients with search results that are relevant to their needs and to facilitate their use of the Site, the display of the profiles of the Professionals is based on the geographical position and areas of expertise as indicated by the latter and their relevance to the search criteria specified by the Client when using the Site.
Professionals' profiles corresponding to the criteria specified by the Client are ranked and displayed randomly.
However, the Company may display as a priority among the profiles corresponding to the criteria specified by the Client those whose rate of contact with a Client is particularly low.
The classification of the profiles of Professionals is in no way related to the remuneration received by the Company from the Professionals.
Where applicable, the Client may also filter the search results for Professionals' profiles according to the filtering criteria available on the Site, based on the corresponding information specified by the Professional in his Professional Account.
By activating these filters, only the profiles of Professionals corresponding to the criteria specified by the Client are displayed, in order to provide the Clients with a fluid and efficient user experience, targeted to their needs.
The total price of the Services is as stated in the Order Form.
The price is indicated in British pound (£) for and corresponds to the payment:
The Company reserves the right to modify its prices at any time and without notice.
However, these changes will not affect transactions prior to these changes and the current Subscription.
In the event that the Professional does not wish to pay the new rates, the Professional will be free not to renew the Professional’s Subscription, in compliance with the conditions of non-renewal set out in Article 9 of these STC.
Payment of the Subscription price by the Professional will be made by the latter either in full or in several instalments, at the Professional's discretion from among the proposals made by the Company when subscribing to the Subscription.
The means of payment that may be offered by the Company include the following:
The terms of payment are summarised in the Order Form.
The Professional undertakes to provide complete banking information and to keep it up to date so as to avoid any payment incident.
To this end, the Professional guarantees the Company that the Professional has all the necessary authorisations to use the means of payment selected at the time of the Professional’s subscription to the Services and has sufficient funds to cover all the costs resulting from such subscription.
In the event of refusal of payment by the bank, the Subscription will be automatically cancelled and the Professional will be notified by the Company by sending an email.
Any payment incident at the time of subscription to the Subscription or during the execution of the Services will result in their immediate suspension, the Company also reserving the right to terminate the Subscription at the sole risk of the Professional. The Professional will be notified of this suspension and the reasons for it by email no later than the day on which it takes effect.
Each transaction between the Professional and the Company will be the subject of an invoice sent by email to the address provided at the time of registration, summarising the financial terms of the said transaction.
Any delay in payment will also lead to the payment of late payment penalties at a rate equal to 3 (three) times the legal interest rate in force in England and a minimum fixed compensation of 40 (forty) pounds for collection costs, due by right, without the need for a reminder.
In accordance with article 29 and subsequent of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Professional has a period of 14 (fourteen) days to exercise the Professional’s right to withdraw.
However, in accordance with Article 36 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Professional ceases to have the right to cancel a service contract if the service has been fully performed, and performance of the service began after a request by the Professional.
To benefit immediately from the performance of the Services, the creation and online publication of the Professional’s Profile and access to the Platform, the Professional acknowledges that the Professional expressly waives the Professional’s right to withdraw by ticking the box " In accordance with Article 36 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, I expressly acknowledge that I request the immediate execution of the services and therefore waive my right to withdraw " when subscribing to the Professional’s Subscription.
The Professional may at any time decide to close the Professional’s Profile and definitively delete the Professional’s Professional Account and all data attached to the Professional’s Profile.
However, the Professional does not have the right to terminate the Professional’s subscription to the Services before the end of the Subscription period, either for the duration stated on the Order Form or by default for a minimum of 12 (twelve) months from the date of the Professional’s subscription.
No reimbursement to the Professional will therefore be made in this respect, regardless of the Professional's payment schedule.
The Professional has the option not to renew the Professional’s Subscription, provided that the Professional informs the Company no later than 15 (fifteen) days before the date of tacit renewal of the Professional’s Subscription, in writing using the Company's Contact Details.
In the event of termination of the Services by the Company, the Company will send the Professional the statement of reasons for such termination decision by email no later than 30 (thirty) days before the termination takes effect, except in the following cases:
The Professional declares and guarantees the Company, throughout the duration of the Subscription, that the Professional fully meets all the Official Criteria necessary to practise the Professional’s profession in the Territory.
In the event of misleading advertising or erroneous information on this point published on the Profile, the Professional shall bear full and entire responsibility for the said disputed publications; the Company shall not be held liable in this respect.
When registering and subscribing to these STC, as well as after using the Service made available to the Professional, the Professional is prohibited from:
The Professional must hold all the diplomas, licences, permits and administrative, legal or regulatory authorisations necessary to exercise the Professional’s profession and in particular as defined in the Official Criteria.
The Company reserves the right to terminate this agreement without notice if there is any reason to believe that this is not the case without the Company undertaking to verify this information.
The Professional must ensure that all information communicated subsequently remains correct and refrains from creating or using on the Platform, unless authorised, any Professional Account other than the Professional’s own under the Professional’s own identity and/or that of a third party, it being recalled that any usurpation of identity is liable to prosecution and criminal sanctions.
Any contravention of these commitments may result in the immediate suspension of the Professional’s Professional Account and the publication of the Professional’s Profile without notice. The Professional will be notified of this suspension and the reasons for it by email no later than the day on which it takes effect.
The Professional is therefore solely responsible for the accuracy and legality of the information the Professional publishes on the Professional’s Profile, which will itself be accessible on the Platform.
The Professional guarantees the Company that the information (texts, images, links, etc.) that the Professional provides and publishes on the Professional’s Profile is correct, sincere and accurate, that it does not contravene any law or regulation or these STC, that it is not of an illicit nature and/or does not in any way infringe the rights of third parties.
The Professional also refrains from publishing on the Platform internet links to pages hosting and/or reproducing content contrary to the provisions of these STC.
The Professional also undertakes to inform the Company by any written means (postal mail, email) of any request, complaint or legal action, directly or indirectly related to the content of the Professional’s Profile.
The Professional also undertakes to inform the Company by any written means (postal mail, email) of any change in the Professional’s identification information and in particular of any change in the Professional’s email address, without which the Professional will no longer be able to receive emails that may be sent to him by the Company during the period of use of the Service.
In the event of a breach of this obligation to inform the Company by the Professional, the Company may not be held liable for any consequences related to this breach, in particular the failure of the Professional to receive any future updates to this STC sent by the Company to all its users.
In the event of a dispute by a user of the Platform, the Company reserves the right to delete, without notice or compensation or right to reimbursement, any content published on the Profile that violates any provision of these STC, and in general, that infringes or contravenes the rights of third parties, and to prevent the Professional from accessing the Services and the Professional’s Professional Account.
The Professional has the right to inform the Company of any complaint concerning the following points that may affect the Professional:
Complaints should be addressed to the Company at Company's contact details.
Any complaint will be dealt with within a reasonable period of time, taking into account the importance and complexity of the problem raised.
Without prejudice to the possible referral to a competent court, the Professional may also refer the matter to the mediation services, as described on the Platform at the address 1 rue des Déchargeurs 75001 Paris, France
The Company will bear a reasonable share of the cost of the mediation, fixed on the basis of a suggestion by the mediator, taking into account all the elements of the case, in particular the validity of the arguments of the parties to the dispute, the conduct of the parties, and the relative size and financial weight of the parties.
The Company retains the right to modify and correct its software, unless otherwise specified. The software provided as part of the Service is delivered as is and without any guarantee of any kind on the part of the Company, in particular as regards the suitability of the functionalities of the said software for the needs and requirements of the Professional, the non-interruption or absence of errors, the correction of defects, anomalies, etc. The Company reserves the right to modify or correct the software in any way it deems necessary.
All these intellectual creations are the full and entire property of the Company and are protected under copyright, trademark law, patent law, sui generis database right and image right, for the whole world.
However, the Company grants a licence to reproduce and display the Platform, but only and strictly for personal use in connection with the display of the Platform and the use of the Service.
However, this licence excludes the right for the Professional to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or transfer the rights on and through the Platform.
For this reason and in accordance with the provisions of the Intellectual Property Code, only private use, subject to different or even more restrictive provisions of this code, is authorised.
Any other use constitutes an infringement and is punishable under the Intellectual Property Code unless prior authorisation is obtained from the Company.
As a reminder, it is strictly forbidden to attach a hypertext link to the Platform using the technique known as framing or deeplinking or inlinelinking.
Any form of total or partial copying, extraction and reproduction of the database produced and used by the Company on the Platform is strictly prohibited without its prior written consent.
The Company therefore only acts as a technical intermediary, which is recognised by the Professional.
Thus, the Company cannot be held responsible for the content that the Professional publishes and which violates the provisions of these STC and the law applicable hereto.
Furthermore, the Company cannot be held liable for the content present in the API modules.
If the Professional publishes content in violation of these provisions, the Professional shall be solely liable for such violation to the full exclusion of the Company.
The Company's liability towards third parties can only be engaged after having been notified of the illicit nature of the content disseminated on the Platform by the Professional.
This is what will lead the Company, upon simple notification to the Company, with regard to content that would be contrary to the provisions hereof and which is therefore either prohibited or infringes personal and intellectual property rights, to proceed on its own initiative and by authority to withdraw the corresponding files.
In addition, and in the event of fault proven by the Professional, the Company shall only be liable for compensation for the pecuniary consequences of the direct and foreseeable damage resulting from the execution of the Services. Consequently, under no circumstances may the Company be held liable for indirect or unforeseeable losses or damage by the Professional or third parties, including in particular any lost profits, loss, inaccuracy or corruption of files or data, commercial prejudice, loss of turnover or profit, loss of Clients, loss of opportunity, cost of obtaining a substitute product, service or technology, in relation to or arising from the non-performance or faulty performance of the Services.
In all cases, the amount of the Company's liability is strictly limited to the reimbursement of the amount of the sums actually paid by the Professional on the date of occurrence of the event giving rise to liability, per user workstation, per day of interruption on the average consumption of the last 6 (six) months.
Similarly, the Company is not responsible for links on its Platform to other websites that do not belong to it and are not controlled by it, since it has no control over the content, personal data protection charters or practices of third-party websites.
The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, products and other information disseminated on these websites.
The Company may modify and/or update the terms of the STC according to certain economic or legal requirements; the Professional will be informed of this update by email, a copy of the STC being sent in PDF format, by email, to the Professional, in the version in force at the time of the latest modifications.
The Company reserves the right to modify the characteristics of the Service at any time, without such modifications leading to substantial changes. The Company will then notify the Professional of this modification fifteen (15) days before the modification comes into force.
In such a case, the Professional shall have the option to terminate the agreement with the Company before the expiry of the notice period of 15 (fifteen) days.
Otherwise, the proposed changes will be considered as tacitly accepted by the Professional and the contract will continue until its term.
Unless otherwise specified in these STC, correspondence between the Parties is carried out by e-mail.
In application of the law applicable to the STC, the Parties declare that the information delivered by electronic mail is deemed authentic between the Parties as long as no contradictory, authenticated and signed writing is produced that calls into question this computerised information.
Elements such as the time of receipt or transmission, as well as the quality of the data received shall be deemed to be the primary evidence as shown on the Company's information systems or as authenticated by the Company's computerised procedures, unless otherwise proven in writing by the Professional and/or the Company.
The Parties hereby agree to sign the Purchase Order and, where applicable, the direct debit mandate required for payment of the Subscription and to proceed with the acceptance of these STC, by electronic means in accordance with the provisions of the applicable law on electronic signatures through the publisher of the Electronic Signature Tool which will ensure the security and integrity of the digital copies of the Purchase Order in accordance with the provisions of Regulation (EU) No. 910/2014 of the European Parliament and of the Council of July 23rd, 2014 on electronic identification and trust services for electronic transactions in the internal market (the "Electronic Signature Laws and Regulations").
The provisions of these STC express the entire agreement concluded between the Professional and the Company. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of the present agreement, as well as over any other provision contained in the documents exchanged between the parties and relating to the subject matter hereof, unless an amendment is duly signed by the representatives of both parties.
The fact that one of the parties to the present STC has not required the application of any clause, whether permanently or temporarily, shall under no circumstances be considered as a waiver of that party's rights arising from the said clause.
If one or more provisions of these STC are held to be invalid or declared as such in application of a law, a regulation or following a decision that has become final by a competent court, the other provisions of these STC will retain their full force and scope.
If necessary, the Company undertakes to immediately delete and replace the said clause with a legally valid clause.
In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles shall be deemed to be unwritten.
personal data charter
THE PURPOSE OF THIS CHARTER IS TO PROVIDE THE PROFESSIONAL AND THE USER (AS DEFINED IN ARTICLE 4 OF THE GTC AND REFERRED INDIVIDUALLY HEREAFTER AS THE "PERSON CONCERNED") WITH FULL INFORMATION ON THE USE MADE BY THE COMPANY WE LINK SAS OF THEIR PERSONAL DATA.
THE DEFINITIONS GIVEN IN ARTICLE 4 OF THE GTC ARE APPLICABLE TO THIS PERSONAL DATA CHARTER.
AS PART OF ITS ACTIVITIES, THE COMPANY PROVIDES ITS USERS WITH A CONTACT SERVICE ACCESSIBLE FROM THE PLATFORM.
IN ORDER TO ENSURE THE PROVISION OF ITS SERVICES, THE COMPANY IS OBLIGED TO COLLECT PERSONAL DATA RELATING TO THE PERSON CONCERNED ON ITS PLATFORM.
CONCERNED ABOUT THE PROTECTION OF THE PRIVACY OF DATA SUBJECTS AND THE PROCESSING OF THEIR PERSONAL DATA, THE COMPANY UNDERTAKES, AS DATA CONTROLLER, TO COMPLY WITH THE PROVISIONS OF REGULATION (EU) N°2016/679 OF APRIL 27TH, 2016, ENSURING THE BEST LEVEL OF PROTECTION OF THE PERSONAL DATA OF DATA SUBJECTS.
THIS CHARTER ENABLES THE PERSON CONCERNED TO BENEFIT FROM COMPLETE TRANSPARENCY REGARDING THE PROCESSING OF THEIR PERSONAL DATA BY THE COMPANY.
The following data is collected by the Company for the purpose of subscribing to the Services and is essential for the provision of the Services by the Company.
The Company must collect from the Professional the information enabling the Professional to create the Professional’s Professional Account and to subscribe to the Services, including in particular the Professional’s surname, first name, the name of the company in which the Professional carries out the Professional’s activity, the Professional’s postal address, the Professional’s email address and the Professional’s phone number.
Likewise, when the professional fills in the online Form on the Platform, the Professional fills in the following information:
In particular, the professional is informed on the Form as to whether or not the data the Professional provides is compulsory.
The banking information relating to the means of payment (bank card, IBAN) that the professional chosen to use to pay the price of the Subscription is collected by the Company from time to time for the purposes of settling this price. This banking information is kept until full payment of the price and is deleted as soon as payment of the price has been made.
The Company collects payments via a secure bank payment system for collecting Subscription payments, which guarantees the protection of all information relating to the means of payment and the security of payments.
Banking data is automatically encrypted on the Company's servers and rigorous security measures with secure access are taken with regard to it.
This data is not intended to be used for commercial prospecting.
When the professional edits the Professional’s Profile, the Professional enters the following information:
This data is essential for the provision of Services to the Professional.
They are retained by the Company until the Professional has requested the Company to close the Professional’s Profile.
This data is stored on the Company's servers and rigorous security measures with secure access are taken with regard to it.
This data is not intended to be used for commercial prospecting.
When the Professional is contacted by phone by the Company, the Company records the conversations between its employees and the Professional.
This data is only intended for the training of the Company's employees.
When the user fills in the Contact Form, the following information is filled in:
The collection of this data is essential for the provision of the Services by the Company.
In the Contact Form, the user is informed whether or not the collection of the user’s data is compulsory. If a mandatory data field is not provided, the Company will not be able to provide its Services, which the user acknowledges.
The Professional's connection and browsing data on the Platform is collected automatically, and only concerns the origin of connections, IP address, browser version and the Platform pages consulted. Under no circumstances does the Company collect the e-mail address without prior communication from its owner.
The Company is only authorised to use the personal data of the person concerned if it has a valid legal basis and must ensure that it has one or more of the following legal bases:
The Company is required to collect and record personal data from Professionals for:
The Company uses the personal information of the person concerned for the purpose of providing the Platform Services.
The personal data provided by the person concerned also enables the Company to monitor the provision of the Services and any complaints made by the latter.
The personal data collected for the purpose of providing the Services on the Platform is mandatory.
In their absence, the Services cannot be properly provided.
This data may be transmitted to the Company's technical service providers for the sole purpose of the proper performance of the Services or the compilation of statistics.
The Company is obliged to collect certain banking information from the professional to be able to collect the price of the Subscription.
Bank details are kept until full payment of the Subscription price and are deleted as soon as payment of the Price is made.
The Company does not keep the professional's bank details once payment of the Subscription price has been made.
The Company uses the personal information of the person concerned to provide functionalities, analyse performance, correct errors and improve the accessibility and efficiency of the services provided, in particular through the training of its employees.
The Company uses the personal information of the person concerned to recommend functions and services that may be of interest to the person concerned.
This data also enables the Company to identify the preferences of the person concerned and to personalise their experience with the services offered by the Platform.
The Company may be required to retain the personal data of the person concerned to meet legal or regulatory requirements (e.g.: to verify the identity of the person concerned to detect or prevent fraud).
The Company may require the consent of the person concerned to process their personal information for a specific purpose that will be indicated to them. Where the person concerned have given their consent for this specific purpose, they have the right to withdraw this consent at any time.
The Company then undertakes to cease all processing of the information of the person concerned for this purpose.
When validating their Profile and activating their Professional Account under the conditions of Article 6.3 of the STC, the person concerned has the possibility to tick the box:
"I agree to receive by email personalised offers, information and advertising from the Company and/or its commercial partners".
If the person concerned tick the above-mentioned box, their personal data may then be used by the Company and/or its commercial partners to send them newsletters, personalised offers, information and advertising.
The express and informed consent of the person concerned regarding this use of their data is thus sought by the Company, by means of the opt-in method.
The person concerned is always able to unsubscribe from these mailings by clicking on the link to this effect at the bottom of each email sent to them.
The personal data collected are only processed by the Company, except in the following cases:
Disclosure of personal data to the Company's business partners in the context of Article 2.7 of the Personal Data Charter
If such a transaction takes place, the Company will ensure that the other party complies with data protection legislation.
The person concerned have the right to lodge a complaint with a supervisory authority if they consider that the processing of their personal data constitutes a breach of applicable law.
These rights can be exercised with the Company that collected the personal data by email from the Company's Contact Details.
In accordance with the regulations in force, all applications must be signed and accompanied by a photocopy of an identity document bearing the applicant's signature and specify the address to which the reply should be sent. A reply will then be sent to the person concerned within two (2) months of receipt of the request.
The Professional is informed that the personal data that the Professional provides on the Professional’s Profile is kept by the Company for the duration of the Service and may be kept for longer, in particular in the event of subscription to the newsletter.
The Company has determined that the period of retention of personal data will be set at the request of the Professional concerning the identity document communicated in the context of the exercise of the rights of query, access, rectification and opposition.
The credit card details provided by the Professional for the purpose of paying the price of the Subscription will only be kept by the Company until full payment of the price, after which they will be deleted in full.
The Professional's audio recordings are kept for a period of 7 days from their collection, after which they will be completely deleted.
For further information on the storage periods applied by the Company, the Professional is authorised to contact the Company using the Company's Contact Details.
The user is informed that the personal data the Professional provides in the Form is kept by the Company for the entire duration of the Service and may be kept for longer, in particular in the event of subscription to the newsletter.
The Company has determined that the period of retention of personal data will be set at the request of the person concerned regarding the identity document communicated in the context of exercising the rights of query, access, rectification, opposition.
For more information on the storage periods applied by the Company, the user is authorised to contact the Company from the Company's Contact Details.
As data controller, the Company takes all useful precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or accessed by unauthorised third parties, thanks to the security of the computer system to prevent external access to the personal data of the Professionals.
When developing, designing, selecting and using its services, the Company takes into account the right to protection of personal data from the very beginning.
In this respect, for example, it will, as appropriate, proceed to pseudonymise or anonymise personal data as soon as this is possible or necessary.
The data is stored on a server of the company Amazon Web Services (AWS), EMEA SARL - Head Office: 38 avenue John F. Kennedy, L-1855 Luxembourg.
When it uses subcontractors likely to process the Professional's personal data, the Company shall ensure that these subcontractors offer sufficient guarantees as to compliance with data protection rules, and at least the same guarantees as those of the Company, by concluding a contract to this effect with the said subcontractors.
In order to ensure the security of payments, the Company does not keep the bank details of the Professionals once the payment of the price has been made.
The Professional is informed that the Company collects payments via a secure bank payment system to collect the price of the Subscription, which guarantees the protection of all information relating to the means of payment and the security of payments.
In order to secure payments and ensure optimum quality of service, the personal data collected on the Platform is also processed by the Company to determine the level of risk of fraud associated with each subscription to the Services.
In this constant concern for security and protection, the person concerned is invited to exercise caution to prevent any unauthorised access to their personal data and to protect their terminals (computer, smartphone, tablet) against any malicious access. If the person concerned shares a computer, the person concerned must log out after each use.
In accordance with the general terms and conditions of sale, it is necessary to have the legal capacity to take out a Subscription and benefit from the Platform's services.
When the Platform page opens, a banner is displayed. Subject to the choice of the person concerned, cookies will be stored in the memory of your computer, smartphone, tablet, mobile phone etc.
The information thus collected may be used by the Company or by a third party, such as an advertising agency, or any other partner.
“Cookies” and other unique identifiers are used to obtain this information when the User's browser or device accesses the Platform.
A cookie is a small text file stored by your computer's browser, tablet or smartphone, which enables the storage of user data to facilitate navigation and enable certain features.
Cookies are used by the Company in order to memorise the Professional's preferences, to optimise and improve the use of the Platform by the Professional by providing content that is more precisely adapted to the Professional’s needs.
Only the issuer of a cookie is likely to read or modify the information contained therein.
Some cookies are installed until the Professional's browser is closed, others are kept for longer. Cookies are kept for a maximum period of 12 (twelve) months.
The person concerned has several possibilities to manage Cookies, to accept or refuse them:
The person concerned can configure the navigation software so that cookies are saved in their terminal or, on the contrary, that they are rejected, either systematically or according to their transmitter.
The person concerned may also configure their browser software so that they are offered the possibility of accepting or refusing cookies from time to time, before a cookie is likely to be stored on your device.
For the management of cookies, the configuration of each browser is different.
The "help" section of the toolbar on most browsers will tell you how to refuse new cookies, how to have a message sent to notify you when you receive one, or how to disable all cookies.
The cookies issued by the Company are used for the purposes described above, subject to the choices made by the person concerned, which result from the parameters of their browser software used during their visit to the Platform and their agreement by clicking on the "ok" button on the banner concerning cookies.
The person concerned may choose at any time to express and modify their wishes regarding cookies, by the means described below:
The Company has set up a consent management tool relating to Cookies accessible from the "Manage my choices" link in the information banner displayed when connecting to the site.
To date, the Company does not collect or process so-called "behavioural" personal information about the person concerned.
Any setting of behavioural cookies on the Platform by the Company will be subject to the express prior authorisation of the person concerned.
The Company does not fall within the criteria for the appointment of a Data Protection Officer, as provided for by EU Regulation n°2016/679 of April 27th, 2016.
The Company may update this policy from time to time.
In the event of a significant change, the Company will notify the person concerned by email or by any other means. To the extent permitted by applicable law, use of our services after such notice is equivalent to accepting updates to this policy.