Customer: any professional or natural person capable within the meaning of Articles 1123 et seq of the Civil Code, or legal entity, who visits the site subject to
these general terms and conditions. Benefits and Services: Captels Pesage provides Customers with: Content A set of features comprising
the information present on the site, in particular text, images and videos. Customer Information: Hereinafter referred to as “Information” which means
all personal data which may be held by Captels Weighting for the management of your account, customer relationship management and
for analytical and statistical purposes. User: Internet user connecting to and using the aforementioned site. Personal Information: “Information that
allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (Article 4 of Law No. 78-17 of 6 January 1978). The terms "personal data", "data subject", "processor" and "sensitive data" have the meanings as defined by the General Data Protection Regulation (GDPR: No. 2016-679)
Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, Users of the website www.pesage-captels.com are advised on the identity of the various partners associated with its implementation and monitoring: Owner: SA CAPTELS, share capital of €172,800.00 VAT number: F R21 333276483 - 745, Avenue de la République de Montferrand 34270 SAINT MATHIEU DE TREVIERS
The site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international legislation. The Customer may not in any manner reuse, assign or exploit for their own account all or part of the facilities or features of the site. The use of the Captels Pesage site implies full acceptance of the general terms and conditions of use set out below. These terms and conditions of use may be amended or supplemented at any time, Users of the Captels Pesage site are therefore invited to consult them on a regular basis. This website is normally accessible to Users at any time. An interruption for technical maintenance may however be decided by Captels Pesage, which will then endeavour to give prior notice to Users of the dates and times of maintenance. The Captels Pesage website is updated regularly by Captels Pesage management. Similarly, the legal notices may be amended at any time: they are nevertheless binding on the User who is invited to refer to them as often as possible in order to be aware thereof.
The purpose of the Captels Pesage website is to provide information concerning all of the company's activities. Captels Pesage strives to provide on the Captels Pesage site information that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies and deficiencies in updating, whether caused by itself or by the third party partners that provide it with this information. All of the information on the Captels Pesage site is provided for information only, and is subject to change. Furthermore, the information appearing on the Captels Pesage site is not exhaustive. It is provided subject to any changes made since it was put online.
The site uses JavaScript technology. The website cannot be held liable for material damage resulting from the use of the site. Additionally, the site User agrees to access the site using up-to-date equipment, not containing viruses and with an updated latest generation browser The Captels Pesage site is hosted by a service provider within 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 accessibility rate. The host provides continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible durations, in particular for the purposes of maintenance, improvement of its infrastructures, failure of its infrastructures or if the Services generate traffic considered to be abnormal. Captels Pesage and the host cannot be held liable in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular with network congestion preventing access to the server.
Captels Pesage is the owner of the intellectual property rights and holds the rights of use on all the facilities accessible on the website, including text, images, graphics, logos, videos, icons and sound. Any reproduction, representation, modification, publication or adaptation of all or art of the site’s facilities, whatever the means or process used, is prohibited, save with the prior written authorisation of Captels Pesage. Any unauthorised use of the site or any of the facilities it contains will be deemed to constitute an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq of the Intellectual Property Code.
Captels Pesage acts as the publisher of the site, Captels Pesage is responsible for the quality and veracity of the Content it publishes, and Captels Pesage cannot be held liable for direct amd indirect loss and damage caused to the User's equipment, when accessing the Captels Pesage website, and resulting either from the use of equipment that does not meet the specifications indicated at paragraph 4, or the presence of a bug or an incompatibility. Furthermore, Captels Pesage cannot be held liable for consequential loss and damage (such as loss of business or loss of opportunity) resulting from the use of the Captels Pesage site. Interactive spaces (opton to ask questions in the contact space) are available to Users. Captels Pesage reserves the right to delete, without prior notice, any content posted in this space that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, Captels Pesage also reserves the right to take civil and/or criminal liability proceedings against the User, in particular in the event of a racist, abusive, defamatory or pornographic message, whatever the medium used (text, photograph, etc.).
The Customer is informed of the regulations concerning marketing communications, the Law of 21 June 2014 on confidence in the digital economy, the Data Protection Law of 6 August 2004 as well as the General Data Protection Regulation (GDPR: No. 2016-679).
For the Personal Data collected in connection with the creation of the User's personal account and browsong on the site, the manager responsible for the processing of Personal Data is CAPTELS. Captels Pesage is represented by Étienne LEA, its legal representative. As manager for the processing of the data that it collects, Captels Pesage undertakes to comply with the statutory provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, based on obtaining their consent, with full information on the processing of their Personal Data and to maintain a processing register in accordance with reality. Whenever Captels Pesage processes Personal Data, Captels Pesage will take all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which Captels Pesage processes it.
Captels Pesage may process all or part of the data:
Captels Pesage does not sell your Personal Data which is therefore solely used out of necessity or for statistical and analysis purposes.
In accordance with the European legislation in force, Users of Captels Pesage have the following rights:
As soon as Captels Pesage becomes aware of the death of a User and in the absence of instructions from them, Captels Pesage undertakes to destroy their data, unless its retention is necessary for evidential purposes or to meet a statutory obligation. If the User wishes to know how Captels Pesage uses their Personal Data, wishes to rectify it or to object to its processing, the User can contact Captels Pesage in writing at the following address: CAPTELS - DPO, Etienne LEA 745, Avenue de la République de Montferrand 34270 SAINT MATHIEU DE TREVIERS. In this case, the User must specify the Personal Data that they wish Captels Pesage to correct, update or delete, and produce a copy of an identity document (identity card or passport). Requests for the deletion of Personal Data will be subject to the obligations imposed on Captels Pesage by law, in particular with regard to the conservation or archiving of documents. Finally, Captels Pesage Users can file a complaint to the supervisory authorities, and in particular the CNIL (Data Protection Authority) (https://www.cnil.fr/fr/plaintes).
Captels Pesage is prohibited from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognised as “inadequate" by the European Commission without informing the Customer in advance. However, Captels Pesage remains free to choose its technical and commercial sub-contractors on condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: No. 2016-679). Captels Pesage undertakes to take all necessary precautions to preserve the safety of Information and in particular that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of Captels Pesage, it must notify the Customer as soon as possible and communicate the corrective measures taken. Furthermore, Captels Pesage does not collect any "sensitive data". The User's Personal Data may be processed by subsidiaries of Captels Pesage and sub-contractors (service providers), exclusively in order to achieve the purposes of this policy. Within the limits of their respective functions and for the abovementioned purposes, the principal persons who may have access to data from Captels Pesage Users are chiefly our customer service agents.
No matter how much effort is made, no method of transmission over the Internet, and no method of electronic storage, is completely secure. We cannot therefore guarantee total security. If we become aware of a security breach, we will notify the Users concerned in order that they can take appropriate action. Our incident notification procedures comply with our legal obligations, whether both at national and European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations. No personal information of a Captels Pesage site User is published without the User’s knowledge, exchanged, transferred, assigned or sold on to third parties on any medium whatsoever. Only in the event of the acquisition of Captels Pesage and its rights would the transmission of the said information to the prospective purchaser be permissible, who would in turn be bound by the same data storage and modification obligation vis-à-vis the Captels Pesage site User.
To ensure the security and confidentiality of Personal Data and Personal Health Data, Captels Pesage uses networks protected by standard devices such as firewalls, anonymisation, encryption and passwords. When processing Personal Data, Captels Pesage takes all reasonable measures to protect it against any loss, misuse, unauthorised access, disclosure, alteration or destruction.
The Captels Pesage site contains a certain number of hypertext links to other sites, set up with the authorisation of Captels Pesage. However, it is not possible for Captels Pesage to verify the content of the sites thus visited, and we will therefore not assume any liability in this regard. Unless you decide to disable cookies, you agree that the site can use them. You can disable these cookies at any time free of charge using the deactivation options offered to you and listed below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
A "cookie" is a small information file sent to the User's browser and saved within the User's terminal (e.g. computer or smartphone), (hereinafter “Cookies”). This file includes information such as the User's domain name, Internet service provider and operating system, as well as the date and time of access. Cookies do not in any way risk damaging the User’s terminal. Captels Pesage may process the User's information concerning their visit to the site, such as the pages viewed and the searches carried out. This information helps Captels Pesage to improve the site’s content and the User’s browsing experience. Cookies facilitate browsing and/or the provision of the services offered by the site. The User can configure their browser to allow them to decide whether or not to accept them so that Cookies are either saved in the terminal or, on the contrary, are rejected, i.e. systematically or according to their
issuer. The User can also configure their browsing software so that acceptance or refusal of Cookies is offered immediately, before a Cookie is likely to be saved in their terminal. Captels Pesage informs the User that in this case it is possible that not all the features of its navigation software will be available. If the User refuses the registration of Cookies in their terminal or browser, or if the User deletes those registered there, the User is informed that their browsing and experience on the site may be limited. This could also be the case when Captels Pesage or one of its service providers cannot recognise, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet. Where applicable, Captels Pesage declines all liability for consequences linked to the degraded functioning of the site and any services offered by Captels Pesage, resulting from (i) the User’s refusal of Cookies (ii) the impossibility for Captels Pesage to record or consult the Cookies necessary to their operation owing to the User’s choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser’s help menu, which will explain how the User can change their wishes relating to Cookies. The User can express and change their wishes relating to Cookies at any time. Captels Pesage may also use external service providers to help it collect and process the information described in this section. Finally, by clicking on the icons dedicated to the LinkedIn and YouTube social networks appearing on the Captels Pesage site or in its mobile application and if the User has accepted cookies when continuing to browse the Captels Pesage website or mobile application, LinkedIn and YouTube may also place cookies on your terminals (computer, tablet, mobile phone etc.). These types of cookies are only placed on your terminal if you consent to them, by continuing to browse the Captels Pesage website or mobile application. At any time however, the User may withdraw their consent to Captels Pesage depositing this type of cookie.
Captels Pesage may occasionally use Web beacons (also called "tags", or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs and one-by-one GIFs) and deploy them through a partner specialising in Web analytics who may be (and therefore will store the corresponding information, including the User's IP address) in a foreign country. These tags are placed both in online advertisements allowing Web Users to access the site, and on its various pages. This technology enables Captels Pesage to assess the visitors’’ responses to the site and the effectiveness of its actions (for example, the number of times a page is opened and the 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 through these beacons, compile reports on the site’s activity for the attention of Captels Pesage, and provide other services relating to the use of the site and the Internet.
Any dispute in connection with the use of the Captels Pesage site shall be subject to French law. Other than cases where the law does not so permit, the courts of MONTPELLIER shall have exclusive jurisdiction.
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