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Legal Notices

Definitions

Customer : any professional or capable natural person within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity, who visits the Site that is the subject of these general terms and conditions.

Provisions and Services : https://boatngo.co provides Customers with :

Content : All elements constituting the information present on the Site, in particular text - images - videos.

Customer Information : Hereinafter referred to as "Information (s)" which correspond to all personal data that may be held by https://boatngo.co for the management of your account, customer relationship management and for analysis and statistical purposes.

User : Internet user connecting to, using the aforementioned site.

Personal information : "Information which enables, 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", "sub-processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: no. 2016-679)


  1. Website presentation.

In accordance with article 6 of French law no. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the https://boatngo.co website are informed of the identity of the various parties involved in its creation and follow-up :

Owner : SAS BOATNGO Share capital 500€ VAT number: FR68854059540 - Les Aqueducs, 535 Route des Lucioles 06560 Sophia Antipolis
Publication manager : Tanguy Delehonte - tanguy@boatngo.co
The publication manager is an individual or a legal entity.
Webmaster : Julien Peres - julien@boatngo.co
Hosting company : Heroku.com - The Landmark @ 1 Market St. ; Suite 300 CA 94105 San Francisco help.heroku.com
Data protection officer : Julien PERES - julien@boatngo.co


  1. General conditions of use of the site and the services offered.

The Site constitutes an intellectual work protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works on the Site.

Use of the https://boatngo.co site implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, so users of the https://boatngo.co site are advised to consult them regularly.

This website is normally accessible to users at all times. However, https://boatngo.co may decide to interrupt the operation for technical maintenance purposes, and will endeavor to inform users of the dates and times of the intervention in advance. The https://boatngo.co website is regularly updated by https://boatngo.co manager. In the same way, 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 in order to take cognizance of them.


  1. Description of services provided.

The purpose of the https://boatngo.co website is to provide information concerning all of the company's activities. https://boatngo.co endeavors to provide information on the https://boatngo.co site that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or failure to update information, whether due to its own fault or to that of third-party partners who supply it.

All information on the https://boatngo.co website is provided for information purposes only and is subject to change. Furthermore, the information provided on the https://boatngo.co website is not exhaustive. It is subject to modifications having been made since it was put online.


  1. Contractual limitations on technical data.

The site uses JavaScript technology. The website cannot be held responsible for any material damage arising from use of the site. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and with a last-generation, up-to-date browser. The https://boatngo.co site is hosted by a service provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: no. 2016-679).

The aim is to provide a service that ensures the best possible 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 time, in particular for maintenance purposes, to improve its infrastructures, in the event of infrastructure failure, or if the Services generate traffic deemed abnormal.

https://boatngo.co and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephony equipment linked in particular to network congestion preventing access to the server.


  1. Intellectual property and counterfeiting.

https://boatngo.co owns the intellectual property rights and holds the usage rights to 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, whatever the means or process used, is forbidden, except with the prior written authorization of : https://boatngo.co.

Any unauthorized use of the site or of any of the elements it contains will be considered as counterfeiting and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.


  1. Limitation of liability.

https://boatngo.co acts as the publisher of the site. https://boatngo.co is responsible for the quality and truthfulness of the Content it publishes.

https://boatngo.co may not be held liable for any direct or indirect damage caused to the user's equipment when accessing the https://boatngo.co website, and 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://boatngo.co shall also not be held liable for indirect damages (such as loss of business or loss of opportunity) arising from the use of the https://boatngo.co website. Interactive areas (possibility to ask questions in the contact area) are available to users. https://boatngo.co reserves the right to delete, without prior notice, any content posted in this area that contravenes legislation applicable in France, in particular data protection provisions. Where applicable, https://boatngo.co also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).


  1. Personal data management.

The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).


7.1 Persons responsible for the collection of personal data


For Personal Data collected as part of the creation of the User's personal account and browsing on the Site, the person responsible for processing Personal Data is : BOATNGO. https://boatngo.co is represented by Tanguy Delehonte, its legal representative.

As the party responsible for processing the data it collects, https://boatngo.co undertakes to comply with the framework of the legal 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, starting with the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in line with reality. Whenever https://boatngo.co processes Personal Data, https://boatngo.co takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with respect to the purposes for which https://boatngo.co processes it.


7.2 Purpose of the data collected


https://boatngo.co is likely to process all or part of the data :

  • to enable browsing on the Site and the management and traceability of services ordered by the user : Site connection and usage data, invoicing, order history, etc.
  • to prevent and combat computer fraud (spamming, hacking, etc.) : hardware used for browsing, IP address, password (hashed)
  • to improve browsing on the Site: connection and usage data
  • to conduct optional satisfaction surveys on https://boatngo.co : email address
  • for communication campaigns (sms, e-mail) : telephone number, e-mail address

https://boatngo.co does not market your personal data, which is therefore only used by necessity or for statistical and analysis purposes.


7.3 Right of access, rectification and opposition


In accordance with current European regulations, Users of https://boatngo.co have the following rights :

  • right of access (Article 15 RGPD) and rectification (Article 16 RGPD), updating, completeness of Users' data right to block or delete Users' personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
  • right to withdraw consent at any time (article 13-2c RGPD)
  • right to limit the processing of Users' data (Article 18 RGPD)
  • right to object to the processing of Users' data (Article 21 RGPD)
  • right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 RGPD)
  • the right to define the fate of Users' data after their death and to choose to whom https://boatngo.co should communicate (or not) their data to a third party they have previously designated

As soon as https://boatngo.co becomes aware of a User's death and in the absence of instructions from the User, https://boatngo.co undertakes to destroy the User's data, unless its retention proves necessary for evidentiary purposes or to meet a legal obligation.

If the User wishes to know how https://boatngo.co uses their Personal Data, ask to rectify it or object to its processing, the User may contact https://boatngo.co in writing at the following address :

BOATNGO - DPO, Julien PERES
108 route de Bousbecque 59126 Linselles.

In this case, the User must indicate the Personal Data that he/she would like https://boatngo.co to correct, update or delete, identifying himself/herself precisely with a copy of an identity document (ID card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on https://boatngo.co by law, in particular with regard to the retention or archiving of documents. Finally, Users of https://boatngo.co may lodge a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).


7.4 Non-disclosure of personal data


https://boatngo.co refrains from processing, hosting or transferring Information collected on its Customers to a country located outside the European Union or recognized as "non-adequate" by the European Commission without first informing the Customer. For all that, https://boatngo.co remains free to choose its technical and commercial subcontractors on condition that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679).

https://boatngo.co undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of the Customer's Information is brought to the attention of https://boatngo.co, the latter shall as soon as possible inform the Customer and communicate the corrective measures taken. Furthermore https://boatngo.co does not collect any "sensitive data".

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

Within the limits of their respective attributions and for the purposes recalled above, the main persons likely to have access to https://boatngo.co Users' data are mainly our customer service agents.


7.5 Types of data collected


Concerning users of a Site https://boatngo.co, we collect the following data which are essential to the operation of the service, and which will be kept for a maximum period of 9 months after the end of the contractual relationship:
name, first name, e-mail, postal address, telephone number, pontoon berth, technical information about the boat.

https://boatngo.co also collects information to improve the user experience and offer contextualized advice :

Profile photo, boat photo, digital safe documents.

This data is kept for a maximum period of 9 months after the end of the contractual relationship.


  1. Incident notification

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. Should we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level. We are committed to keeping our customers fully informed of all matters relating to their account security, and to providing them with all the information they need to help them meet their own regulatory reporting obligations.

No personal information of the user of the site https://boatngo.co is published without the user's knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of https://boatngo.co and of its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in turn held of the same obligation of conservation and modification of the data with respect to the user of the site https://boatngo.co.


Security


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

When processing Personal Data, https://boatngo.co takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.


  1. Hypertext links, cookies and Internet tags


The https://boatngo.co site contains a number of hyperlinks to other sites, set up with the authorization of https://boatngo.co. However, https://boatngo.co is not in a position to check the content of sites visited in this way, and consequently assumes no liability in this respect.

Unless you decide to deactivate cookies, you accept that the site may use them. You may deactivate these cookies at any time, free of charge, using the deactivation options provided 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 data 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, the User's Internet service provider, the User's operating system, and the date and time of access. Cookies are in no way likely to damage the User's terminal.

https://boatngo.co is likely to process the User's information concerning his/her visit to the Site, such as pages consulted, searches performed. This information enables https://boatngo.co to improve the content of the Site and the User's browsing experience.

As Cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure his/her browser to allow him/her to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or according to their sender. The User may also configure his browser software so that acceptance or refusal of Cookies is proposed punctually, before a Cookie is likely to be recorded in his terminal. https://boatngo.co informs the User that, in this case, it is possible that not all of the functionalities of his/her browsing software will be available.

If the User refuses to store Cookies in his/her terminal or browser, or if the User deletes those stored there, the User is informed that his/her browsing and experience on the Site may be limited. This could also be the case when https://boatngo.co or one of its service providers cannot recognize, 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.

Where applicable, https://boatngo.co declines all responsibility for the consequences linked to the degraded operation of the Site and any services offered by https://boatngo.co, resulting (i) from the refusal of Cookies by the User (ii) from the impossibility for https://boatngo.co to save or consult the Cookies necessary for their operation due to the User's choice. To manage Cookies and User choices, the configuration of each browser is different. It is described in the browser's help menu, which will indicate how the User can modify his or her wishes with regard to Cookies.

At any time, the User may choose to express and modify his or her wishes with regard to Cookies. https://boatngo.co 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 icons dedicated to the Twitter, Facebook, Linkedin and Google Plus social networks featured on the https://boatngo.co Website or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the https://boatngo.co Website or mobile application, Twitter, Facebook, Linkedin and Google Plus may also deposit cookies on your terminals (computer, tablet, cell phone).

These types of cookies are deposited on your terminals only if you consent to them, by continuing your browsing on https://boatngo.co's Website or mobile application. At any time, however, the User may revoke his or her consent to https://boatngo.co depositing this type of cookie.


Article 9.2. BALISES (“TAGS”) INTERNET


https://boatngo.co may occasionally employ Internet tags (also known as "tags," or action tags, single-pixel GIFs, clear GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a specialist web analytics partner that may be located (and therefore store related information, including the User's IP address) in a foreign country.

These beacons are placed both in online advertisements enabling Internet users to access the Site, and on its various pages.

This technology enables https://boatngo.co 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 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 https://boatngo.co, and provide other services relating to the use of it and the Internet.


  1. Applicable law and jurisdiction.

Any dispute relating to the use of the site https://boatngo.co is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Lille.

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