Client: Any professional or natural person who is legally defined as being capable as set out in articles 1123 et seq. of the French Civil Code, or any legal entity visiting the Website that is the object of these General Conditions.
Content: All of the elements constituting the information present on the Website, notably texts – pictures – videos.
Client information: Hereafter referred to as “Information” designating all of the personal data that may be gathered and kept by http:/www.sogat.com in order to manage your account, to manage customer relations and for analytical and statistical purposes.
User: Web user logging into or using the aforementioned website.
Personal information: “Any information that allows, in whatever form, directly or indirectly, identification of the natural persons to which it pertains” (article 4 of law n° 78-17 of 6th January 1978).
The terms “personal data”, “person concerned”, “subcontractor” and “sensitive data” are defined as set out in the General Regulations on Data Protection (RGPD: n° 2016-679)
1. Presentation of website
Pursuant to article 6 of law n° 2004-575 of 21st June 2004 on trust in the digital economy, users of http:/www.sogat.com are informed of the identity of the various parties involved in creating and monitoring the website:
Owner: SA SOGAT Share capital of 1,144,710€ – Rue Denis Papin - ZI 59147 Gondecourt
Director of Publication: HAQUETTE Romain – 0320629595
The Director of Publication can be a natural person or a legal entity.
Webmaster: HAQUETTE Romain – 0320629595
Hosting Provider: ovh – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: HAQUETTE Romain – firstname.lastname@example.org
2. General conditions for use of the website and the services available
The Website constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and the applicable International Regulations. The Client is under no circumstances allowed to copy, transfer or utilise for their own benefit all or part of the elements or works constituting the Website.
Use of thehttp:/www.sogat.comwebsite implies full and unreserved acceptance of the general conditions of use set out below. These conditions of use are subject to modification or supplementation at any time; users of http:/www.sogat.com are therefore advised to check them regularly.
This website is, under normal circumstances, accessible to users at all times. http:/www.sogat.com can, however, decide to interrupt access for technical maintenance reasons; in such case every effort will be made give users prior notice of the dates and times when access will be interrupted. The website http:/www.sogat.com is regularly updated by the https://www.sogat.com/ Director of Publication. Similarly, the legal notices can be amended at any time: they nevertheless remain applicable to users, who are advised to check them as often as possible so as to be aware of any alterations.
3. Description of services provided
The aim of the website http:/www.sogat.com is to provide information about all of the company’s activities. http:/www.sogat.com will make every effort to ensure that information supplied by the website http:/www.sogat.com is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or deficiencies in updates, whether of its own doing or due to third-party partners who supply it with the relevant information.
All information available on the website http:/www.sogat.com is provided for indicative purposes only and is subject to alteration. Furthermore, the information provided by the website http:/www.sogat.com is not exhaustive. It may be subject to changes made after the information has been uploaded.
4. Contractual limitations concerning technical data
The aim is to provide a service that guarantees the highest rate of accessibility. The hosting provider ensures a continuous, 24-hour service every day of the year. The service provider nevertheless reserves the right to interrupt the hosting service for the shortest periods possible, notably for maintenance purposes, to improve infrastructures, in case of infrastructure failure or if the Solutions and Services generate traffic that is deemed abnormal.
http:/www.sogat.com and the hosting provider cannot be held responsible in case of malfunction of the internet network, telephone lines or IT or telephone equipment, notably relating to network congestion preventing access to the server.
5. Intellectual property and breach of copyright
http:/www.sogat.com is the owner of all intellectual property rights and holds the rights of use for all elements accessible on the website, notably the texts, images, graphics, logos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of any of the elements of the website, whatever the means or process utilised, is forbidden unless prior written authorisation is obtained from: http:/www.sogat.com.
Any unauthorised use of the website or any of the elements it contains will be considered as constituting a breach of copyright and will be prosecuted in compliance with articles L.335-2 et seq. of the French Intellectual Property Code.
http:/www.sogat.com cannot be held responsible for any direct or indirect damage caused to users’ equipment while accessing the website http:/www.sogat.com, and arising either from use of equipment that does not meet the specifications set out in section 4 or due to the appearance of a bug or an incompatibility.
http:/www.sogat.com cannot be held responsible for any indirect damage (such as, for example, loss of a contract or loss of an opportunity) following use of the website http:/www.sogat.com. Interactive areas (the opportunity to ask questions via the contact form) are available to users. http:/www.sogat.com reserves the right to delete, with no prior warning, any content from this area that contravenes legislation applicable in France, particularly provisions relating to data protection. If necessary, http:/www.sogat.com also reserves the right to hold users civilly or criminally responsible, notably in the case of any racist, offensive, defamatory or pornographic messages, whatever medium is used (text, photograph…).
7. Management of personal data
Clients are informed of the regulations concerning communication for marketing purposes, the law of 21st June 2014 for Trust in the Digital Economy, the IT and Freedom law of 6 August 2004 as well as the General Regulations on Data Protection (RGPD : n° 2016-679).
7.1 Responsibility for the collection of personal data
For Personal Data collected in the process of creating a personal account for Users and their usage of the website, the responsible party for the processing of Personal Data is: SOGAT. http:/www.sogat.com is represented by HAQUETTE Romain, its legal representative
As the party responsible for the processing of the personal data that it collects, http:/www.sogat.com undertakes to respect the framework of applicable legal provisions. It is notably their responsibility to inform Clients of purposes of this data processing, to supply their Clients and prospective clients with full information concerning the processing of their personal data and to maintain a record of processing that reflects the reality of the situation. Every time that http:/www.sogat.com processes Personal Data, http:/www.sogat.com will take every reasonable measure to ensure the adequacy and relevance of Personal Data in relation to the purposes that http:/www.sogat.com is processing them for.
· to carry out communications campaigns (SMS, e-mail): telephone number, e-mail address
http:/www.sogat.com undertakes not to sell or market your personal data which will only be used out of necessity or for statistical and analytical purposes.
7.3 Right to access, rectification and opposition
In compliance with applicable European regulations, Users of http:/www.sogat.com have the following rights:
· the right to access (article 15 RGPD) and rectify (article 16 RGPD), to update, to complete User data, the right to block or delete personal User data (article 17 of RGPD), when it is inaccurate, incomplete, ambiguous, out-of-date or if the collection, usage, communication or conservation of the said data is not permitted
· the right to withdraw consent at any time (article 13-2c RGPD)
· the right to limit the processing of User data (article 18 RGPD)
· the right to refuse processing of User data (article 21 RGPD)
· the right to portability of data that Users have supplied when such data is subject to automated processing based on their consent or on a contract (article 20 RGPD)
· the right to decide what is done with the data of Users after their death and to choose which third-party http:/www.sogat.com should communicate this data to (or to choose for it not to be communicated to any third-party)
As soon as http:/www.sogat.com learns of the death of a User and in the absence of any specific instructions from the User, http:/www.sogat.com will undertake to destroy their data, unless conserving it is necessary for purposes of proof or to meet a legal requirement.
If the User wishes to know how http:/www.sogat.com uses their Personal Data, requires it to be rectified or wishes to exercise their right to oppose processing, the User may contact http:/www.sogat.com in writing at the following address:
SOGAT – DPO, HAQUETTE Romain
Rue Denis Papin - ZI 59147 Gondecourt.
In such case, the User must indicate the Personal Data they wish http:/www.sogat.com to correct, update or delete, providing proof of identity by means of a photocopy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations of http:/www.sogat.com as defined by the law, notably in terms of back-up or archiving of documents. Finally, Users of http:/www.sogat.com can file a complaint to relevant supervisory authorities, notably CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
http:/www.sogat.com is prohibited from processing, hosting or transferring Information gathered from its Clients to a country located outside of the European Union or identified as unsuitable by the European Commission without first informing the Client. However, http:/www.sogat.com remains free in its choice of technical and commercial subcontractors on the condition that they satisfy the appropriate imperatives set out in the General Regulations on Data Protection (RGPD: n° 2016-679).
http:/www.sogat.com undertakes to take all necessary precautions in order to safeguard the security of Information, notably to ensure that it is not communicated to unauthorised persons. However, if http:/www.sogat.com is made aware of an incident affecting the integrity or confidentiality of Information, it must inform the Client at the earliest possible time and inform them of the corrective measures undertaken. Furthermore, http:/www.sogat.com does not collect any “sensitive data”.
Users’ Personal Data may be processed by subsidiaries of http:/www.sogat.com and subcontractors (service providers), exclusively for the purposes of this policy.
Within the limitations of their respective responsibilities and for the purposes set out above, the main people who will have access to the data of Users of http:/www.sogat.com are our customer services officials.
8. Incident notification
Despite the fact that every effort is made to ensure it, no Internet transmission method and no method of electronic storage is entirely secure. We cannot, therefore, guarantee absolute security. If we are made aware of a security breach, we will warn the Users concerned in order to allow them to take appropriate measures. Our incident notification procedures take into account our legal obligations, on both a national and a European level. We undertake to fully inform clients concerning any question relating to the security of their account and to provide them with all adequate information for their own regulatory obligations in terms of reporting.
No personal information about users ofhttp:/www.sogat.com will be published without the user’s permission nor will it be exchanged, transferred, given or sold by any medium to third-parties. Only the case of http:/www.sogat.com and its rights being purchased would allow the aforementioned information to be passed on to the prospective purchaser who would, in turn, be subject to the same obligations in terms of conservation and modification of data with regard to users of the website http:/www.sogat.com.
In order to guarantee the security and the confidentiality of Personal Data and Personal Health Data, http:/www.sogat.com uses networks that are protected by standard security features such as firewalls, pseudonymisation, encryption and passwords.
When Personal Data is processed, http:/www.sogat.com takes all reasonable measures to ensure that it is protected from loss, improper use, unauthorised access, divulgation, alteration or destruction.
Unless you decide to disable cookies, you give tacit consent for the website to use them. You may disable cookies freely by choosing one of the options set out hereafter. However, disabling cookies may reduce or prevent access to all or part of the Services provided by the website.
A “cookie” is a small information file sent to the User’s web browser and stored on the User’s terminal (e.g.: computer, smartphone), (henceforth referred to as “Cookies”). This file includes information such as the User’s domain name, the User’s internet access provider and the User’s operating system, in addition to the access date and time. There is no risk of Cookies damaging the User’s terminal.
http:/www.sogat.com may process information concerning the User’s visit to the website, such as pages consulted and any searches carried out. This information allows http:/www.sogat.com to improve the Website and the User’s browsing experience.
If Users refuse storage of Cookies on their terminal or web browser, or if Users delete the Cookies that are already stored on either of them, Users are informed that their browsing experience on the Website may be limited as a consequence. This may also be the case when http:/www.sogat.com or one of its service providers is unable to recognise, for technical compatibility purposes, the type of web browser used by the terminal, the language and display settings or the country where the terminal appears to be connected to the Internet.
When applicable, http:/www.sogat.com accepts no responsibility for any consequences connected to the reduced functioning of the Website and any services that may be provided by http:/www.sogat.com, arising from (i) Users rejecting Cookies (ii) http:/www.sogat.com being unable to store the Cookies required for these services to function due to Users’ choices. The configuration of every web browser is different in terms of Cookie management and User choices. The options available are described in web browser help menus, allowing Users to find out how they can alter their Cookie settings.
Users can choose to express and modify their Cookie settings at any time. http:/www.sogat.com may, in addition, use external service providers to help it to gather and process the information described in this section.
Finally, by clicking on the icons for the social networks Twitter, Facebook, Linkedin and Google Plus that appear on the http:/www.sogat.com Website or on its smartphone application and if Users accept storage of Cookies as they browse the http:/www.sogat.com Website or the smartphone application, Twitter, Facebook, Linkedin and Google Plus may also store cookies on your terminals (computer, tablet, smartphone).
These types of cookies are only stored on your terminals if you consent to them by continuing to browse the http:/www.sogat.com Website or smartphone application. Users may at any time, however, withdraw their consent for http:/www.sogat.com to store this type of cookie.
Article 9.2. INTERNET TAGS
http:/www.sogat.com may occasionally use Internet tags (also called action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-by-one GIFs) and deploy them via a partner specialising in web analysis who may be based (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in online adverts allowing web users to access the Website and on the various pages of the Website itself.
This technology allows http:/www.sogat.com to evaluate the response of website visitors and the efficacity of its actions (for example, the number of times a page is opened and the information is browsed), as well as providing information about the use of this website by Users.
The external service provider may gather information about visitors to this Website and other websites thanks to these tags, compile reports on Website activity for http:/www.sogat.com, and supply other services relating to use of the Website and Internet use.
10. Applicable law and attribution of jurisdiction
Any litigation relating to use of the website http:/www.sogat.com is subject to French law. With the exception of cases in which the law does not allow it, exclusive attribution of jurisdiction is attributed to the competent courts of Lille.