Definitions
Customer : any professional or natural person capable within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site subject to these general terms and conditions.
Content : All elements constituting the information present on the Site, including texts, images, and videos. Customer Information: Hereinafter referred to as « Information, » which corresponds to all personal data that may be held by soben.fr for the management of your account, customer relationship management, and for analysis 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 January 6, 1978).
The terms « personal data, » « data subject, » « processor, » and « sensitive data » have the meanings defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1. Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the soben.fr website are informed of the identity of the various parties involved in its creation and maintenance :
Owner : Benjamin TALON
425 rue pièce grande, 46230 Fontanes, France
+33 (0)5 65 35 61 22 / + 33 (0)6 64 13 75 47
Intra-community VAT number : FR47481885374
Publication manager : Benjamin TALON – benjamin.talon(@)soben.fr The publication manager is a natural person or a legal entity.
Webmaster : Céline VALETTE Graphiste – celinevalette.graphiste(@)gmail.com
Host : OVH – 2 rue Kellermann 59100 Roubaix – France Data
Protection Officer : Benjamin TALON – benjamin.talon(@)soben.fr
2. General Terms and Conditions of Use of the Site and Services Offered.
The Site constitutes an intellectual property protected by the provisions of the French Intellectual Property Code and applicable International Regulations. The Client may not, under any circumstances, reuse, transfer, or exploit for its own account all or part of the elements or works on the Site.
Use of the soben.fr website implies full acceptance of the general terms and conditions of use described below. These terms and conditions of use may be modified or supplemented at any time; users of the soben.fr website are therefore encouraged to consult them regularly.
This website is normally accessible to users at all times. However, soben.fr may decide to interrupt the service for technical maintenance reasons, and will endeavor to inform users in advance of the dates and times of the intervention.
The soben.fr website is updated regularly by soben.fr. Similarly, the legal notices may be modified at any time; they are nevertheless binding on the user, who is encouraged to refer to them as often as possible to familiarize themselves with them.
3. Description of Services Provided.
Provided The purpose of the soben.fr website is to provide information concerning all of the company’s activities.
soben.fr strives to provide information on the soben.fr website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, or deficiencies in updates, whether caused by itself or by third-party partners who provide this information.
All information provided on the soben.fr website is provided for informational purposes only and is subject to change. Furthermore, the information on the soben.fr website is not exhaustive. It is provided subject to changes that may have been made since it was posted online.
4. Contractual Limitations on Technical Data.
The website uses JavaScript technology.
The website cannot be held liable for any material damage related to the use of the website. Furthermore, the user of the website agrees to access the website using recent, virus-free hardware and an up-to-date, latest-generation browser.
The soben.fr website is hosted by a service provider within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).
The goal is to provide a service that ensures the highest level of accessibility. The host ensures continuity of service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods, particularly for maintenance purposes, infrastructure improvements, infrastructure failures, or if the Services generate traffic deemed abnormal.
soben.fr and the host cannot be held liable for any malfunction of the Internet network, telephone lines, or computer and telephone equipment, particularly due to network congestion preventing access to the server.
5. Intellectual Property and Counterfeiting.
soben.fr owns the intellectual property rights and holds the usage rights for all elements accessible on the website, including texts, 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 the prior written authorization of soben.fr.
Any unauthorized use of the site or any of the elements it contains will be considered an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.
6. Limitations of Liability.
soben.fr acts as the publisher of the website. Soben.fr is responsible for the quality and accuracy of the Content it publishes.
soben.fr cannot be held liable for any direct or indirect damage caused to the user’s equipment when accessing the soben.fr 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.
soben.fr cannot be held liable for any indirect damage (such as loss of market or loss of opportunity) resulting from the use of the soben.fr website. Interactive areas (with the possibility of asking questions in the contact area) are available to users.
soben.fr reserves the right to remove, without prior notice, any content posted in this area that violates applicable French legislation, particularly provisions relating to data protection.
Where applicable, soben.fr also reserves the right to pursue civil and/or criminal liability against the user, particularly in the event of racist, offensive, defamatory, or pornographic messages, regardless of the medium used (text, photographs, etc.).
7. Management of Personal Data.
The Customer is informed of the regulations concerning marketing communications, the Law of June 21, 2014 on 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 as part of the creation of the User’s personal account and their browsing on the Site, the controller of Personal Data is Benjamin TALON. soben.fr is represented by Benjamin TALON, its legal representative.
As the controller of the data it collects, soben.fr undertakes to comply with applicable legal provisions. In particular, it is the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, upon obtaining their consent, with complete information on the processing of their personal data, and to maintain an accurate record of processing operations.
Whenever soben.fr processes Personal Data, soben.fr takes all reasonable steps to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which soben.fr processes it.
7.2 Purpose of the Data Collected
soben.fr may process all or part of the data :
- To enable browsing on the Site and the management and traceability of the services ordered by the user: login and usage data for the Site, billing, order history, etc.
- To prevent and combat computer fraud (spamming, hacking, etc.) : computer hardware used for browsing, IP address, password (hashed)
- To improve browsing on the Site : login and usage data
- To conduct optional satisfaction surveys on soben.fr : benjamin.talon(@)soben.fr
- To conduct communication campaigns (text messages, email) : Tel : +33 (0)5 65 35 61 22 / + 33 (0)6 64 13 75 47, Email : benjamin.talon(@)soben.fr. soben.fr does not sell your personal data, which is therefore only used when necessary or for statistical and analytical purposes.
7.3 Right of Access, Rectification, and Objection
In accordance with current European regulations, Users of soben.fr have the following rights :
- Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completion of User data ;
- Right to block or erase User personal data (Article 17 GDPR) when it is inaccurate, incomplete, ambiguous, outdated, or whose 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 object to the processing of User data (Article 21 GDPR)
- Right to data portability provided by Users, when this data is subject to automated processing. based on their consent or a contract (Article 20 GDPR)
- Right to determine the fate of User data after their death and to choose to whom soben.fr should (or should not) disclose their data to a third party they have previously designated.
As soon as soben.fr becomes aware of a User’s death and in the absence of instructions from the User, soben.fr undertakes to destroy their data, unless their retention is necessary for evidentiary purposes or to meet a legal obligation.
If the User wishes to know how soben.fr uses their Personal Data, request to rectify it, or object to its processing, the User may contact soben.fr in writing at the following address : SOBEN – Benjamin TALON – 425 rue pièce grande, 46230 Fontanes, France
In this case, the User must indicate the Personal Data they would like soben.fr to correct, update, or delete, by providing a clear identification document (ID card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on soben.fr by law, particularly regarding the retention or archiving of documents. Finally, soben.fr Users may file a complaint with the supervisory authorities, including the CNIL (French Data Protection Authority) (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of Personal Data
soben.fr undertakes not to process, host, or transfer the Information collected about its Customers to a country outside the European Union or recognized as « inadequate » by the European Commission without first informing the Customer. However, soben.fr remains free to choose its technical and commercial subcontractors, provided that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
soben.fr undertakes to take all necessary precautions to preserve the security of the Information, in particular to ensure that it is not disclosed to unauthorized persons. However, if an incident impacting the integrity or confidentiality of Customer Information is brought to the attention of soben.fr, the latter must promptly inform the Customer and communicate the corrective measures taken. Furthermore, soben.fr does not collect any « sensitive data. »
User Personal Data may be processed by soben.fr subsidiaries and subcontractors (service providers), exclusively to achieve the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes stated above, the main individuals likely to have access to soben.fr User data are primarily our customer service representatives.
7.5 Types of Data Collected
Regarding users of a soben.fr website, we collect the following data, which is essential for the operation of the service and will be retained for a maximum period of 9 months after the end of the contractual relationship : Benjamin TALON, email : benjamin.talon(@)soben.fr, tel : +33 (0)5 65 35 61 22 / + 33 (0)6 64 13 75 47
soben.fr also collects information that helps improve the user experience and provide contextualized advice : Visitor analysis via Google Analytics.
This data is retained for a maximum period of 9 months after the end of the contractual relationship.
8. Incident Notification
Despite our best efforts, no method of transmission over the Internet or method of electronic storage is completely secure. Therefore, we cannot 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, whether at the national or European level. We are committed to fully informing our customers of all issues relating to the security of their account and providing them with all the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of users of the soben.fr website is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium whatsoever to third parties. Only the acquisition of soben.fr and its rights would allow the transmission of said information to the potential purchaser, who would in turn be bound by the same obligation to retain and modify data as users of the soben.fr website.
Security
To ensure the security and confidentiality of Personal Data and Personal Health Data, soben.fr uses networks protected by standard measures such as firewalls, pseudonymization, encryption, and password protection.
When processing Personal Data, soben.fr takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hypertext links, « cookies, » and internet tags
The soben.fr website contains a number of hypertext links to other websites, set up with the authorization of soben.fr.
However, soben.fr is unable to verify the content of the websites visited and therefore assumes no liability in this regard.
Unless you decide to disable cookies, you agree that the website may use them. You may disable these cookies at any time, free of charge, using the deactivation options offered to you and outlined below. This may reduce or prevent access to all or part of the Services offered by the website.
9.1. « Cookies »
A « cookie » is a small information file sent to the User’s browser and stored on the User’s device (e.g., computer, smartphone) (hereinafter « Cookies »). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, and the date and time of access. Cookies do not, under any circumstances, risk damaging the User’s device.
soben.fr may process User information regarding their visit to the Site, such as pages viewed and searches performed. This information allows soben.fr to improve the content of the Site and the User’s navigation.
Since 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 they wish to accept them, so that Cookies are stored on the device or, conversely, that they are rejected, either systematically or depending on their issuer. The User may also configure their browser software so that they are prompted to accept or reject Cookies from time to time, before a Cookie is likely to be stored on their device. soben.fr informs the User that, in this case, the full functionality of their browser software may not be available.
If the User refuses to allow Cookies to be stored on their device or browser, or if they delete those stored there, they are informed that their browsing and experience on the Site may be limited. This may also be the case when soben.fr or one of its service providers cannot recognize, 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, soben.fr declines all responsibility for the consequences related to the degraded functioning of the Site and any services offered by soben.fr, resulting from (i) the User’s refusal of Cookies, or (ii) the inability of soben.fr to save or access the Cookies necessary for its operation due to the User’s choice. Each browser has different configurations for managing Cookies and User choices. This configuration is described in the browser’s help menu, which will show how the User can modify their preferences regarding Cookies.
The User may express and modify their preferences regarding Cookies at any time. soben.fr may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the Twitter, Facebook, and LinkedIn social media icons on the soben.fr website or mobile application, and if the User has accepted the use of cookies by continuing to browse the soben.fr website or mobile application, Twitter, Facebook, and LinkedIn may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only placed on your devices if you consent to them by continuing to browse the soben.fr website or mobile application. However, the User may withdraw their consent to soben.fr placing these types of cookies at any time.
9.2. Internet tags
soben.fr may occasionally use Internet tags (also known as « tags, » or action tags, single-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a specialist web analytics partner who 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 allowing Internet users to access the Site and on its various pages.
This technology allows soben.fr 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 viewed), as well as the User’s use of this Site.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for soben.fr, and provide other services related to Site and Internet usage.
10. Applicable Law and Jurisdiction.
Any dispute relating to the use of the soben.fr website is subject to French law. Except in cases where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Cahors.