Legal information
Client: any professional or competent natural person as intended in articles 1123 et seq. of the Civil Code, or legal entity, who visits the Site covered by these terms and conditions.
Services: https://www.labouest.fr makes available to Customers :
Content: All of the elements that make up the information present on the Site, in particular text – images – videos.
Customer information: Hereafter referred to as “Information” which corresponds to any personal data likely to be held by https:// www.labouest.fr for management of your account, management of the customer relationship client and for analytical and statistical purposes.
User: Internet user who connects using the aforementioned site.
Personal information: “Information which allows, under any form, whether directly or indirectly, identification of natural persons to which it applies” (article 4 of law no. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “subcontractor” and “sensitive data” take the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)
1. Presentation of the website.
By virtue of article 6 of law no. 2004-575 of 21 June 2004 on trust in the digital economy, users of the https://www.labouest.fr website are informed of the identity of the various stakeholders within the framework of its creation and its monitoring:
Owner: SELAS LABOUEST Share capital of 752,400.00 € VAT number: FR95311595391 – 24, place La Fayette 49000 ANGERS
Publication manager: Christophe MAY – 02 41 88 50 46
The publication manager is a natural person or a legal entity.
Webmaster : Agence Pixiyo – 02 40 74 93 43
Host: ovh – 2 rue Kellermann 59100 Roubaix 1007
Délégué à la protection des données (Data protection officer): Christophe MAY – cmay@labouest.fr
This model of legal notices is proposed by the free generator of legal notices for a website
2. Terms and conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Rules. The Customer may not in any way reuse, transfer or exploit all or part of the elements or work of the Site for its own account.
Use of the https://www.labouest.fr site implies full acceptance of the terms of use described below. These terms may be modified or supplemented at any time and, as such, users of the https://www.labouest.fr site are invited to consult them on a regular basis.
This website is normally accessible to users at all times. However, interruption due to technical maintenance can be decided by https://www.labouest.fr, which will then make every effort to inform users in advance of the dates and times of the intervention. The https://www.labouest.fr website is updated regularly by https://www.labouest.fr which is responsible for doing so. Likewise, the legal notices can be modified at at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible to become familiar with them.
3. Description of the services provided.
The purpose of the https://www.labouest.fr website is to provide information concerning all of the company’s activities. https://www.labouest.fr strives to provide information on the https://www.labouest.fr site that is as precise as possible. However, it cannot be held responsible for omissions, inaccuracies or deficiencies in the update, whether they are of its own making or due to third-party partners who provide this information.
All information provided on the https://www.labouest.fr site is given as an indication, and may change. In addition, the information on the https://www.labouest.fr site is not exhaustive. It is given subject to modifications having been made since it was uploaded.
4. Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held responsible for property damage related to use of the site. Furthermore, the user of the site agrees to access the site using recent, virus-free Equipment and with a latest generation browser that has been updated. The https://www.labouest.fr site is hosted by a service provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679)
The objective is to provide a service that ensures the best rate of accessibility. The host ensures the 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 periods possible, notably for the purposes of maintenance, improvement of its infrastructure, failure of its infrastructure or if the Services generate traffic deemed abnormal.
https://www.labouest.fr and the host cannot be held responsible in the event of malfunction of the Internet, telephone lines or computer and telephone equipment linked, in particular, to network congestion preventing access to the server.
5. Intellectual property and infringement.
https://www.labouest.fr is the owner of the intellectual property rights and holds the rights of use over all the elements accessible on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, unless it is with the prior written permission of: https://www.labouest.fr.
Any unauthorized use of the site or of any of the elements it contains will be considered as constituting infringement and pursued in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability.
https://www.labouest.fr acts as publisher of the site. https://www.labouest.fr is responsible for the quality and truthfulness of the Content that it publishes.
https://www.labouest.fr cannot be held responsible for direct or indirect damage caused to the user’s equipment when accessing the https://www.labouest.fr website and resulting from either the use of equipment not meeting the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
https://www.labouest.fr also cannot be held responsible for indirect damage (such as for example a loss of market or lost opportunity) following use of the https://www.labouest.fr site. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://www.labouest.fr reserves the right to delete, without prior notice, any content posted in this space which violates legislation applicable in France, notably data protection provisions. If applicable, https:// www.labouest.fr also reserves the right to implicate the civil and/or criminal liability of the user, notably in the event of racist, abusive, defamatory or pornographic messages, regardless of the medium used (text, photography, etc.).
7. Management of personal data.
The Customer is informed about the regulations concerning marketing communication, the law of 21 June 2014 on trust in the Digital Economy, the Data Protection Act of 6 August 2004, as well as the General Data Protection Regulation (GDPR: no. 2016-679).
7.1 Data controller
For Personal Data collected within the framework of creation of the personal account of the User and his navigation on the Site, the Data controller is: LABOUEST. https://www.labouest.fr is represented by Mr. Henri Beljean and Mr. Gildas Lomondais, his legal representative.
As Data controller for the data it collects, https:// www.labouest.fr agrees to respect the framework of legal provisions in effect. In particular, it is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consent, complete information on the processing of their personal data and to maintain records on processing which reflect reality. Whenever https://www.labouest.fr processes Personal Data, https://www.labouest.fr takes all reasonable measures to ensure the accuracy and relevance of Personal Data with regard to the purposes for which https://www.labouest.fr processes it.
7.2 Purpose of the data collected https://www.labouest.fr is likely to process all or part of the data:
to allow navigation on the Site and the management and traceability of services ordered by the user: connection data and use of the Site, billing, order history, etc.
to prevent and fight against computer fraud (spamming, hacking, etc.): computer hardware used for navigation, IP address, password (hashed)
to improve navigation on the Site: connection and use data
to conduct optional satisfaction surveys on https:// www.labouest.fr: email address to carry out communication campaigns (sms, email): phone number, email address https://www.labouest.fr does not sell your personal data, which is, therefore, only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition In accordance with current European regulations, Users of https://www.labouest.fr have the following rights:
right of access (article 15 GDPR) and rectification (article 16 GDPR),
right to update or complete User data, right to have User data blocked or deleted (article 17 of the GDPR), when it is inaccurate, incomplete, unclear, out of date, or for which collection, use, disclosure or storage is prohibited right to withdraw consent at any time (article 13-2c GDPR) right to limit the processing of User data (article 18 GDPR)
right to oppose the processing of User data (article 21 GDPR)
right of portability of the data that Users have provided, when this data undergoes automated processing based on their consent or on a contract (article 20 GDPR) the right to define the fate of Users’ data after their death and to choose to whom https://www.labouest.fr will have to communicate (or not) his data, who shall be a third party that they will have previously designated From the time that https://www.labouest.fr learns of the death of a User and in the absence of instructions on his part, https://www.labouest.fr agrees to destroy their data, unless retention of it is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how https://www.labouest.fr uses his Personal Data, to request rectification of it or to oppose to it being processed, the User can contact https://www.labouest.fr in writing at the following
LABOUEST – DPO, Christophe MAY
24, place La Fayette 49000 ANGERS.
In this case, the User must indicate the Personal Data that he would like https://www.labouest.fr to correct, update or delete, by identifying himself precisely with a copy of a piece of identification (identification card or passport).
Requests for deletion of Personal Data will be submitted to obligations that are imposed on https://www.labouest.fr by law, in particular in terms of retention or archiving of documents. Lastly, Users of https://www.labouest.fr can file a complaint with the supervisory authorities and, in particular, the CNIL (https://www.cnil.fr/fr/complaints).
7.4 Non-communication of personal data
https://www.labouest.fr refrains from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as “unsuitable” by the European Commission without informing the customer of this in advance. However, https://www.labouest.fr remains free to choose its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).
https://www.labouest.fr agrees to take all the necessary precautions in order to preserve the security of the Information and, in particular, to prevent it from being communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of Customer Information is brought to the attention of https://www.labouest.fr, it must inform the Client as soon as possible and let him know the corrective measures taken. In addition, https://www.labouest.fr does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://www.labouest.fr and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective duties and for the purposes recalled above, the main people likely to have access to the data of Users of https://www.labouest.fr are our customer service agents.
8. Notification of incident
Regardless of the efforts made, no method of transmission on the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we became aware of a security breach, we would notify affected users so that they could take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We commit to fully informing our customers of all matters relating to the security of their account and provide them with all information necessary to help them meet their own regulatory obligations with regard to reporting.
No personal information of the user of the https://www.labouest.fr site is published without the knowledge of the user, or exchanged, transferred, assigned or sold on any medium to third parties. Only a scenario of the purchase of https:// www.labouest.fr and its rights would allow the transfer of said information to the prospective buyer who would, in turn, be bound by the same obligation to store and modify data with regard to the user of the https://www.labouest.fr site.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.labouest.fr uses networks protected by standard devices such as a firewall, pseudonymization, encryption and password protection.
When processing Personal Data, https://www.labouest.fr takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Internet “cookies” and “tags” hypertext links
The https://www.labouest.fr site contains a number of hypertext links to other sites, set up with the permission of https://www.labouest.fr. However, https://www.labouest.fr does not have the possibility of checking the content of the sites thus visited, and will therefore assume no liability in this regard.
Unless you decide to disable cookies, you agree that the site can use them. You can deactivate these cookies at any time free of charge from the deactivation options available to you and recalled below, with the understanding that this can reduce or prevent accessibility to all or part of the Services offered by the site.
9.1. « COOKIES »
A “cookie” is a small information file sent to the browser of the User and saved in the User’s terminal (eg: computer, smartphone), (hereafter “Cookies”). This file includes information such as the domain name of the User, the User’s Internet service provider, the User’s operating system, as well as the date and time of access. Cookies do not risk in any way damaging the User’s terminal.
https://www.labouest.fr is likely to process the User’s information concerning his visit to the Site, such as the pages consulted, the searches done. This information allows https://www.labouest.fr to improve the content of the Site, and the User’s browser experience.
Since Cookies facilitate navigation and/or provision of the services offered through the Site, the User can configure his browser so that it allows him to decide whether or not he wishes to accept them so that Cookies are stored in the terminal or, on the contrary, so that they are rejected, either systematically or according to their issuer. The User can also configure his browser software so that the acceptance or refusal of Cookies are offered to him occasionally, before a Cookie can be saved in his terminal. https://www.labouest.fr informs the User that, in this case, it is possible that not all of its browser software functionalities will be available.
If the User refuses to have Cookies saved in his terminal or his browser, or if the User deletes those saved there, the User is informed that his navigation and his experience on the Site may be limited. This could also be the case when https://www.labouest.fr or one of its service providers cannot recognize, for reasons of technical compatibility, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
Where applicable, https://www.labouest.fr declines all responsibility for consequences related to the downgraded functioning of the Site and the services possibly offered by https://www.labouest.fr, resulting (i) from the refusal of Cookies by the User (ii) of the impossibility for https://www.labouest.fr to save or consult the Cookies necessary for their operation due to the choice made by the User. For the management of Cookies and choices of User, the configuration of each browser is different. It is described in the browser’s help menu, which will make it possible to know how the User can modify his wishes in terms of Cookies.
At any time, the User can choose to express and modify his wishes regarding Cookies. https://www.labouest.fr may also call upon the services of external service providers to help it collect and process the information described in this section.
Lastly, by clicking on the icons dedicated to the Twitter, Facebook, Linkedin and Google Plus social networks appearing on the Site of https://www.labouest.fr or in its mobile application and if the User has accepted to allow cookies to be stored by continuing to browse the Website or the mobile application of https://www.labouest.fr, Twitter, Facebook, Linkedin and Google Plus can also place cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only placed on your terminals if you Consent to this, by continuing to browse the Website or the mobile application of https://www.labouest.fr. At any time, the User may nevertheless revoke his consent to allow https://www.labouest.fr to store this type of cookies.
Article 9.2. INTERNET TAGS
https://www.labouest.fr may occasionally use Internet tags (action tags, single-pixel GIF, transparent GIF, invisible GIFs and GIFs one by one) and deploy them through a partner specializing in web analyses likely to be found (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 Site, and on its various pages.
This technology allows https://www.labouest.fr to evaluate the responses of visitors to the Site and the effectiveness of its actions (for example, the number of times a page is opened and information viewed), as well as the use of this Site by the User.
The external service provider may collect information on visitors to the Site and other websites using these tags, compile reports on the activity of the Site for the attention of https:// www.labouest.fr, and provide other services relating to the use of it and the Internet.
10. Applicable law and assignment of jurisdiction.
Any dispute in connection with the use of the https://www.labouest.fr site is subject to French law. Apart from cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Angers.