Definitions
Client: any professional or natural person capable within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, visiting the Site which is the subject of these general terms.
Services: the Site makes available to Clients all information and services offered by Pledge Avocats.
Content: all elements making up the information present on the Site, in particular texts - images - videos.
Customer information: hereinafter referred to as "Information", corresponds to all personal data likely to be held by the Site for the management of your account, the customer relationship and for analysis and statistical purposes.
User: any Internet user connecting to and using the aforementioned site.
Personal information: "Any information relating to an identified or identifiable natural person" (Article 4 of French Law No. 78-17 of 6 January 1978).
The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016/679).
1. Website identification
Pursuant to Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the website www.pledge.law are informed of the identity of the various parties involved in its creation and monitoring:
Owner: Legitix - 83054054800039 - 11 bd Sébastopol, 75001 Paris
Publication director: Dominique Stucki - contact@pledge.law
The publication director is a natural or legal person.
Webmaster: Agence MAKE - www.agencemake.com
Host: Lovable - www.lovable.dev
Data Protection Officer: Dominique Stucki - contact@pledge.law
2. General terms of use of the site and services
The Site is a work of the mind protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Client may not in any way reuse, transfer or exploit for its own account all or part of the elements or works of the Site.
Use of the website www.pledge.law implies full and unreserved acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time, and users are therefore invited to consult them regularly.
This website is normally accessible at all times to users. However, Pledge Avocats may decide to interrupt access for technical maintenance purposes and will endeavour to inform users in advance of the dates and times of such intervention. The website is updated regularly by the person responsible. Likewise, the legal notices may be modified at any time; they nevertheless bind the user, who is invited to refer to them as often as possible.
3. Description of services provided
The website www.pledge.law aims to provide information about all of the company's activities. Pledge Avocats endeavours to provide information on the site that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies and shortcomings in updates, whether caused by itself or by third-party partners providing such information.
All information indicated on the site is provided for information purposes only and is subject to change. Furthermore, the information on the site is not exhaustive. It is provided subject to changes made since it was put online.
4. Contractual limitations on technical data
The site uses JavaScript technology. The website cannot be held liable for material damage related to use of the site. In addition, the user undertakes to access the site using recent equipment, free of viruses and with an up-to-date browser. The site is hosted by a provider located within the European Union in accordance with the General Data Protection Regulation (GDPR: No. 2016/679).
The aim is to provide a service that ensures the best possible accessibility rate. The host ensures continuity of service 24 hours a day, 7 days a week, all year round. However, it reserves the right to interrupt hosting service for the shortest possible periods, in particular for maintenance, infrastructure improvements, infrastructure failures or if the Services generate abnormal traffic.
Pledge Avocats and the host cannot be held liable in the event of Internet network, telephone line or computer and telephone equipment malfunctions, in particular due to network congestion preventing access to the server.
5. Intellectual property and infringement
Pledge Avocats owns the intellectual property rights and holds the rights of use on all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, by any means or process whatsoever, is prohibited without the prior written authorisation of Pledge Avocats.
Any unauthorised use of the site or any of the elements it contains will be considered an infringement and prosecuted in accordance with Articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitation of liability
Pledge Avocats acts as publisher of the site. Pledge Avocats is responsible for the quality and accuracy of the Content it publishes.
Pledge Avocats cannot be held liable for direct and indirect damage caused to the user's equipment when accessing the website, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Pledge Avocats cannot be held liable for indirect damage (such as loss of market or loss of opportunity) resulting from use of the site. Interactive areas (possibility to ask questions in the contact section) are available to users. Pledge Avocats reserves the right to delete, without prior notice, any content posted in this area that would contravene applicable French law, in particular provisions relating to data protection. Where applicable, Pledge Avocats also reserves the right to invoke the civil and/or criminal liability of the user, in particular in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).
7. Personal data management
The Client is informed of the regulations concerning marketing communication, the law of 21 June 2014 on confidence in the digital economy, the French Data Protection Act of 6 August 2004 and the General Data Protection Regulation (GDPR: No. 2016/679).
7.1 Data controller
For Personal Data collected in connection with the creation of the User's personal account and browsing the Site, the data controller is: Dominique Stucki. Pledge Avocats is represented by Dominique Stucki, its legal representative.
As the data controller, Pledge Avocats undertakes to comply with the applicable legal framework. In particular, it is responsible for defining the purposes of its data processing, providing prospects and customers with complete information on the processing of their personal data from the collection of their consent, and maintaining a register of processing activities that is true to reality. Whenever Pledge Avocats processes Personal Data, it takes all reasonable steps to ensure the accuracy and relevance of that data in relation to the purposes for which it is processed.
7.2 Purpose of data collected
Pledge Avocats may process all or part of the data:
- to enable browsing on the Site and the management and traceability of services ordered by the user: connection and usage data, billing, order history, etc.;
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed);
- to improve browsing on the Site: connection and usage data;
- to carry out optional satisfaction surveys on Pledge Avocats: email address;
- to carry out communication campaigns (sms, email): telephone number, email address.
Pledge Avocats does not sell your personal data, which is therefore used only out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and objection
In accordance with current European regulations, Users of Pledge Avocats have the following rights:
- right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users' data, right to lock or erase Users' personal data (Article 17 GDPR) when it is inaccurate, incomplete, ambiguous, out of date, or whose collection, use, communication or storage is prohibited;
- right to withdraw consent at any time (Article 13-2c GDPR);
- right to limitation of processing of Users' data (Article 18 GDPR);
- right to object to the processing of Users' data (Article 21 GDPR);
- right to portability of data provided by Users, where such data is subject to automated processing based on their consent or a contract (Article 20 GDPR);
- right to define what happens to Users' data after their death and to choose whether Pledge Avocats should communicate (or not) such data to a third party previously designated by them.
As soon as Pledge Avocats becomes aware of the death of a User and in the absence of instructions from them, Pledge Avocats undertakes to destroy their data, unless its retention is necessary for evidential purposes or to comply with a legal obligation.
If the User wishes to know how Pledge Avocats uses their Personal Data, to request rectification or to object to processing, they may contact Pledge Avocats in writing at the following address:
Pledge Avocats
11 bd Sébastopol, 75001 Paris.
In this case, the User must indicate the Personal Data they would like Pledge Avocats to correct, update or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on Pledge Avocats by law, in particular concerning the retention or archiving of documents. Finally, Users of Pledge Avocats may lodge a complaint with the supervisory authorities, in particular the CNIL (www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
Pledge Avocats undertakes not to process, host or transfer Information collected from its Clients to a country outside the European Union or recognised as "inadequate" by the European Commission without informing the client in advance. However, Pledge Avocats remains free to choose its technical and commercial subcontractors provided they offer sufficient guarantees in respect of the requirements of the General Data Protection Regulation (GDPR: No. 2016/679).
Pledge Avocats undertakes to take all necessary precautions to preserve the security of Information and in particular to ensure that it is not communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client's Information is brought to the attention of Pledge Avocats, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, Pledge Avocats does not collect any "sensitive data".
Users' Personal Data may be processed by Pledge Avocats' subsidiaries and subcontractors (service providers) solely for the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes set out above, the main persons likely to have access to Users' data are mainly our customer service agents.
8. Incident notification
Despite all efforts made, no method of transmission over the Internet and no electronic storage method is completely secure. We cannot therefore guarantee absolute security. If we became aware of a security breach, we would notify the affected users so that they could take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We undertake to keep our customers fully informed of all matters relating to the security of their account and to provide them with all necessary information to help them comply with their own regulatory reporting obligations.
No personal information of the user of the Pledge Avocats site is published without the user's knowledge, exchanged, transferred, assigned or sold in any medium whatsoever to third parties. Only the hypothesis of the acquisition of Pledge Avocats and its rights would allow the transmission of such information to the prospective purchaser, who would in turn be bound by the same obligation to retain and modify data with respect to the user of the Pledge Avocats site.
Security
To ensure the security and confidentiality of Personal Data, Pledge Avocats uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.
When processing Personal Data, Pledge Avocats takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.
9. Hyperlinks, cookies and internet tags
The Pledge Avocats site contains a number of hyperlinks to other sites, set up with the authorisation of Pledge Avocats. However, Pledge Avocats is not able to verify the content of the sites thus visited, and therefore assumes no liability in this respect.
Unless you decide to disable cookies, you agree that the site may use them. You may disable these cookies at any time and free of charge using the deactivation options available to you and recalled below, although this may reduce or prevent access to all or part of the Services offered by the site.
9.1 Cookies
A "cookie" is a small information file sent to the User's browser and stored on the User's terminal (e.g. computer, smartphone), hereinafter "Cookies". This file includes information such as the User's domain name, Internet service provider, operating system, as well as the date and time of access. Cookies do not in any way risk damaging the User's terminal.
Pledge Avocats may process information about the User's visit to the Site, such as pages viewed and searches made. This information enables Pledge Avocats to improve the content and navigation of the Site.
Since Cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure their browser to decide whether or not to accept them, so that Cookies are either stored on the terminal or rejected, either systematically or according to their issuer. The User may also configure their browser software so that acceptance or refusal of Cookies is offered on a case-by-case basis before a Cookie is likely to be stored on their terminal. Pledge Avocats informs the User that, in this case, some browser functionalities may not be available.
If the User refuses to allow Cookies to be stored on their terminal or browser, or if the User deletes those stored there, the User is informed that their browsing and experience on the Site may be limited. This may also be the case when Pledge Avocats or one of its providers is unable to recognise, for technical compatibility purposes, 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.
In such cases, Pledge Avocats declines all liability for the consequences linked to the degraded operation of the Site and any services offered by Pledge Avocats resulting (i) from the User's refusal of Cookies (ii) from Pledge Avocats' inability to store or consult the Cookies necessary for their operation due 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 tell the User how to modify their Cookie preferences.
At any time, the User may choose to express and modify their Cookie preferences. Pledge Avocats may also use the services of external providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to social networks Twitter, Facebook, LinkedIn and Google Plus appearing on the Pledge Avocats Site or in its mobile application, and if the User has accepted the deposit of cookies by continuing to browse the Pledge Avocats Website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals on condition that you consent to them by continuing to browse the Pledge Avocats Website or mobile application. At any time, the User may nevertheless withdraw their consent to Pledge Avocats depositing this type of cookie.
9.2 Internet tags
Pledge Avocats may occasionally use Internet tags (also called "tags", action tags, one-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a web analytics specialist partner that may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.
These tags are placed both in online advertisements enabling Internet users to access the Site, and on the various pages of the Site.
This technology enables Pledge Avocats to evaluate visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of the Site by the User.
The external provider may possibly collect information about visitors to the Site and other websites using these tags, compile reports on Site activity for Pledge Avocats, and provide other services relating to the use of the Site and the Internet.
10. Applicable law and jurisdiction
Any dispute relating to the use of the Pledge Avocats site is subject to French law. Except where prohibited by law, exclusive jurisdiction is attributed to the competent courts of Paris.
Contact us
Tel.: +33 (0)1 45 74 53 10 / +33 (0)3 20 51 80 82
Email: contact@pledge.law