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Legal notice

Definitions

Client: Any professional or capable natural person within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, visiting the Site subject to these general terms and conditions.

Services: https://www.upandcharge.com/ provides Clients with:

Content: All elements constituting the information present on the Site, notably text, images, and videos.

Customer Information: Hereinafter referred to as "Information," which corresponds to all personal data likely to be held by https://www.upandcharge.com/ for account management, customer relationship management, and analysis or statistical purposes.

User: Any internet user connecting to and using the aforementioned site.

Personal Information: "Information allowing, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (Article 4 of French Law No. 78-17 of January 6, 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).

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1. Website Presentation

Under Article 6 of French Law No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy, the identity of the various parties involved in the creation and monitoring of the website https://www.upandcharge.com/ is specified to users:

  • Owner: SAS UPANDCHARGE (UPANDCHARGE, UP&CHARGE) – Share capital: €103,985.20 – VAT Number: FR50902281823 – 4 RUE GEORGES MARCEL BURGUN, 92130 ISSY-LES-MOULINEAUX, FRANCE

  • Publication Director: FLORENT PERRINEAU – florent.perrineau@upandcharge.com (a natural or legal person)

  • Webmaster: FLORENT PERRINEAU – florent.perrineau@upandcharge.com

  • Hosting Provider: OVH – 2 rue Kellermann, 59100 Roubaix, France (Tel: 1007)

  • Data Protection Officer (DPO): FLORENT PERRINEAU – florent.perrineau@upandcharge.com

(This legal notice was generated using the free generator provided by Orson.io)

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2. General Terms and Conditions of Use of the Site and Services Offered

The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable International Regulations. The Client may not in any way reuse, assign, or exploit for their own account all or part of the elements or works of the Site.

Use of the site https://www.upandcharge.com/ implies full acceptance of the general conditions of use described below. These terms of use may be modified or supplemented at any time; users of the site https://www.upandcharge.com/ are therefore invited to consult them regularly.

This website is normally accessible to users at all times. An interruption for technical maintenance may, however, be decided by https://www.upandcharge.com/, which will endeavor to communicate the dates and times of the intervention to users beforehand. The website https://www.upandcharge.com/ is updated regularly by the responsible party. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible to review them.

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3. Description of Services Provided

The website https://www.upandcharge.com/ aims to provide information regarding all of the company's activities. https://www.upandcharge.com/ strives to provide information on the site https://www.upandcharge.com/ that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updating, whether caused by itself or by third-party partners providing this information.

All information provided on the site https://www.upandcharge.com/ is given for information purposes only and is subject to change. Furthermore, the information on the site https://www.upandcharge.com/ is not exhaustive and is subject to modifications made since being published online.

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4. Contractual Limitations on Technical Data

The site uses JavaScript technology. The website cannot be held liable for material damage related to the use of the site. Furthermore, the user agrees to access the site using recent, virus-free equipment with an updated, latest-generation browser. The site https://www.upandcharge.com/ 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 ensures continuity of service 24 hours a day, every day of the year. It reserves the right, however, to interrupt the hosting service for the shortest possible durations, particularly for maintenance, infrastructure improvements, infrastructure failure, or if the Services generate traffic deemed abnormal.

https://www.upandcharge.com/ and the host cannot be held responsible in the event of a malfunction of the internet network, telephone lines, or computer/telephone equipment, notably linked to network congestion preventing server access.

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5. Intellectual Property and Infringement

https://www.upandcharge.com/ owns the intellectual property rights and holds the rights of use for all accessible elements 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, regardless of the means or process used, is prohibited without prior written authorization from https://www.upandcharge.com/.

Any unauthorized exploitation of the site or any of its elements will be considered an infringement and prosecuted in accordance with Articles L.335-2 et seq. of the French Intellectual Property Code.

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6. Limitations of Liability

https://www.upandcharge.com/ acts as the publisher of the site. https://www.upandcharge.com/ is responsible for the quality and veracity of the Content it publishes.

https://www.upandcharge.com/ cannot be held liable for direct or indirect damage caused to the user's equipment when accessing the website https://www.upandcharge.com/, 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.

https://www.upandcharge.com/ shall also not be liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://www.upandcharge.com/. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://www.upandcharge.com/ reserves the right to delete, without prior notice, any content posted in this space that violates applicable French legislation, particularly data protection provisions. Where applicable, https://www.upandcharge.com/ also reserves the right to challenge the civil and/or criminal liability of the user, particularly in the case of messages of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photography, etc.).

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7. Personal Data Management

The Client is informed of the regulations concerning marketing communication, the French Law of June 21, 2014 for Confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Data Controllers

For Personal Data collected in connection with the creation of the User's personal account and navigation on the Site, the Data Controller is: UPANDCHARGE (UPANDCHARGE, UP&CHARGE), represented by MARIN CHAMPENOIS, its legal representative.

As controller of the data it collects, https://www.upandcharge.com/ undertakes to comply with current legal provisions. In particular, it is up to the Client to establish the purposes of its data processing, to provide its prospects and clients, upon obtaining their consent, with full information regarding the processing of their personal data, and to maintain an accurate processing register. Whenever https://www.upandcharge.com/ processes Personal Data, https://www.upandcharge.com/ takes all reasonable measures to ensure the accuracy and relevance of the Personal Data regarding the purposes for which it is processed.

7.2 Purpose of Data Collected

https://www.upandcharge.com/ may process all or part of the data:

  • To enable navigation on the Site and the management/traceability of services ordered by the user: connection and usage data, invoicing, order history, etc.

  • To prevent and fight computer fraud (spamming, hacking, etc.): hardware used for browsing, IP address, hashed password.

  • To improve navigation on the Site: connection and usage data.

  • To conduct optional satisfaction surveys on https://www.upandcharge.com/: email address.

  • To conduct communication campaigns (SMS, email): phone number, email address.

https://www.upandcharge.com/ does not sell your personal data; it is used strictly out of necessity or for statistical and analytical purposes.

7.3 Right of Access, Rectification, and Opposition

In accordance with European regulations in force, Users of https://www.upandcharge.com/ have the following rights:

  • Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completeness of User data; right to lock or erase personal User data (Article 17 GDPR) when inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication, or storage is prohibited.

  • Right to withdraw consent at any time (Article 13-2c GDPR).

  • Right to restriction of processing (Article 18 GDPR).

  • Right to object to processing (Article 21 GDPR).

  • Right to data portability for data provided by Users, where such data is subject to automated processing based on consent or contract (Article 20 GDPR).

  • Right to define the fate of Users' data after their death and choose to whom https://www.upandcharge.com/ must communicate (or not) their data to a designated third party.

As soon as https://www.upandcharge.com/ becomes aware of a User's death and in the absence of instructions, https://www.upandcharge.com/ undertakes to destroy their data, unless storage is necessary for evidentiary purposes or to comply with a legal obligation.

If the User wishes to know how https://www.upandcharge.com/ uses their Personal Data, ask to rectify them, or object to their processing, the User may contact https://www.upandcharge.com/ in writing at:

UPANDCHARGE (UPANDCHARGE, UP&CHARGE) – DPO, FLORENT PERRINEAU

4 RUE GEORGES MARCEL BURGUN, 92130 ISSY-LES-MOULINEAUX, FRANCE.

In this case, the User must indicate the Personal Data they would like https://www.upandcharge.com/ to correct, update, or delete, identifying themselves precisely with a copy of an identity document (ID card or passport).

Requests for erasure of Personal Data will be subject to obligations imposed on https://www.upandcharge.com/ by law, particularly regarding document retention or archiving. Finally, Users of https://www.upandcharge.com/ may file a complaint with supervisory authorities, notably the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-disclosure of Personal Data

https://www.upandcharge.com/ refrains from processing, hosting, or transferring Information collected on its Clients to a country outside the European Union or recognized as "non-adequate" by the European Commission without prior notice to the client. However, https://www.upandcharge.com/ remains free to choose its technical and commercial subcontractors provided they present sufficient guarantees under the General Data Protection Regulation (GDPR: No. 2016-679).

https://www.upandcharge.com/ undertakes to take all necessary precautions to preserve the security of Information and, in particular, to ensure it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of Client Information is brought to the attention of https://www.upandcharge.com/, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://www.upandcharge.com/ does not collect any "sensitive data."

The User's Personal Data may be processed by subsidiaries of https://www.upandcharge.com/ and subcontractors (service providers), exclusively to achieve the purposes of this policy.

Within the limits of their respective attributions and for the purposes stated above, the main persons likely to have access to User data at https://www.upandcharge.com/ are primarily customer service agents.

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8. Incident Notification & Security

Incident Notification

No matter the effort, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot, therefore, guarantee absolute security. If we become aware of a security breach, we will notify affected users so they can take appropriate action. Our incident notification procedures take into account our legal obligations at both national and European levels. We are committed to fully informing our customers of all matters relating to account security and providing all necessary information to help them comply with their own regulatory reporting obligations.

No personal information of the user of the site https://www.upandcharge.com/ is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only the hypothesis of the acquisition of https://www.upandcharge.com/ and its rights would allow the transmission of said information to the prospective buyer, who would in turn be bound by the same obligation to retain and modify data with respect to the user of https://www.upandcharge.com/.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.upandcharge.com/ uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.

When processing Personal Data, https://www.upandcharge.com/ takes all reasonable measures to protect it against loss, misuse, unauthorized access, disclosure, alteration, or destruction.

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9. Hyperlinks, Cookies, and Web Tags

The site https://www.upandcharge.com/ contains a number of hypertext links to other sites, set up with the authorization of https://www.upandcharge.com/. However, https://www.upandcharge.com/ does not have the ability to verify the content of sites visited in this way and will consequently assume no responsibility for them.

Unless you decide to disable cookies, you accept that the site may use them. You can disable these cookies at any time free of charge using the deactivation options offered below, knowing that 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 saved 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, and access date and time. Cookies pose no risk of damaging the User's terminal.

https://www.upandcharge.com/ may process information regarding the User's visit to the Site, such as pages viewed and searches performed. This information allows https://www.upandcharge.com/ to improve Site content and User navigation.

As Cookies facilitate navigation and/or the provision of 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 recorded in the terminal or, on the contrary, rejected—either systematically or according to their issuer. The User can also configure their browser software so that acceptance or refusal of Cookies is offered periodically before a Cookie is likely to be saved in their terminal. https://www.upandcharge.com/ informs the User that in this case, not all features of their browser software may be available.

If the User refuses the registration of Cookies on their terminal or browser, or if the User deletes those registered there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when https://www.upandcharge.com/ or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, language and display settings, or the country from which the terminal appears connected to the Internet.

Where applicable, https://www.upandcharge.com/ declines all responsibility for consequences related to the degraded operation of the Site and services offered resulting from (i) the refusal of Cookies by the User, (ii) the inability of https://www.upandcharge.com/ to record or consult the Cookies necessary for their operation due to the User's choice. For cookie management and User choices, configuration varies by browser and is described in the browser's help menu.

At any time, the User can express and modify their cookie choices. https://www.upandcharge.com/ may also use third-party service providers to help collect and process information described in this section.

Finally, by clicking on icons dedicated to social networks Twitter, Facebook, LinkedIn, and Google Plus appearing on the Site or mobile application, and if the User accepted cookie placement by continuing navigation, these networks may also place cookies on your terminals.

These types of cookies are placed only on condition of consent, given by continuing navigation. The User may nevertheless withdraw consent at any time.

9.2. Web Tags ("Tags")

https://www.upandcharge.com/ may occasionally employ web tags (also known as "tags," action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and 1x1 GIFs) and deploy them through a web analytics partner that may be located (and store corresponding information, including IP address) in a foreign country.

These tags are placed both in online advertisements allowing users to access the Site and on its various pages.

This technology allows https://www.upandcharge.com/ to evaluate visitors' responses to the Site and the effectiveness of its actions, as well as the User's use of the Site.

The external provider may collect information about visitors to the Site and other websites using these tags, compile reports on Site activity for https://www.upandcharge.com/, and provide other services relating to Site and Internet usage.

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10. Governing Law and Jurisdiction

Any dispute relating to the use of the site https://www.upandcharge.com/ is subject to French law. Except where prohibited by law, exclusive jurisdiction is attributed to the competent courts of Nanterre.

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