Information regarding compliance with article 10 of the LSSICE
Holder: PREVENTION IN ACT SARL
Intra-community VAT: FR 24531729754
Address: 95, rue La Boétie - (75008) - Paris - France
Phone: (33) (0) 143597512
Company registered in the Paris Companies Registry of Commerce, dated 04/13/2011, under the identification number: 531729754 R.C.S. Paris. France.
Personal data protection
The personal data collected through the website are only used for the purpose of providing the requested services as well as proceeding with the billing thereof. Your data will be stored in files owned by PREVENTION IN ACT SARL and will be archived for the legally necessary period of time. You may exercise your rights of access, rectification, cancellation and opposition in writing to PREVENTION IN ACT SARL, Address: 95, rue La Boétie - (75008) - Paris - France.
Intellectual property and responsibility for the contents
Unless otherwise specified, all copyrights, logos, trademarks and all other intellectual property rights over the website and its content (including, among others, the different screens and sections of the website, content and other materials) included in the website and all the software and source codes related to the website belong to PREVENTION IN ACT SARL or to third parties that have granted the necessary use licenses to PREVENTION IN ACT SARL. Any use of all the contents is prohibited of the web page, specifically on the texts, design and source code, without the express authorization of their owners. Any unauthorized use will be duly prosecuted by the legitimate owners.
The owner of the website is not responsible for the content to which the links located in it are directed, according to what is established in article 6 of Law No. 2004-575, of June 21 for the trust of the digital economy French.
Likewise, the owner of the website does not guarantee continued access, nor the correct viewing, downloading or usefulness of the elements and information contained on the website, which may be impeded, hindered or interrupted by factors or circumstances beyond their control.
PREVENTION IN ACT SARL., (Hereinafter PREVENTION IN ACT), is a company registered in the Paris Companies Registry of Commerce, dated 04/13/2011, under Identification No. 531729754 R.C.S. Paris, owner of the rights of the Website: www.monicatoscanopreventioninact.com, with registered office at 95, Rue de la Boetiè (75008), Paris - France, corresponding to SIRET: 53172975400014, and Intracommunity VAT: FR 24531729754.
All the contents of the website www.monicatoscanopreventioninact.com (hereinafter, Site) are the exclusive property of PREVENTION IN ACT, the associated companies or the group or their legitimate owners. By way of illustration only, the contents include texts, audio, photographs, graphics, images, audiovisual and sound videos, graphic designs and any other elements related to intellectual or industrial property that are integrated into the Site. In the same way, trademarks, trade names and distinctive signs are the exclusive property of PREVENTION IN ACT or their legitimate owners. The User is obliged to respect all the intellectual and industrial property rights owned by PREVENTION IN ACT and, where appropriate, by third parties. The transfer of the rights of PREVENTION IN ACT on the Site is expressly prohibited. In particular, the copying, reproduction, transformation, distribution, communication, disclosure, publication or use of any part of the Site or any content thereof, by any means, not even citing the source, is expressly prohibited.
The objective of this Legal Notice is to establish the legal conditions that regulate the access and use of the Site by any User, so that access and use of it necessarily and expressly implies the submission and acceptance of the following Legal Conditions:
1.The User declares that they are legally capable of using the Site and that they are not prohibited - or legally excluded - from using it, by virtue of the legislation of their country of residence or the country from which they are accessing the Site.
2. The use of the Site, by the User, implies that the latter fully accepts all the conditions stipulated in the Legal Notice. The User undertakes to read and carefully evaluate the Legal Notice, before starting to use the rest of the Site. The User agrees not to use the Site, if it were to disagree with, toAt least, a part of the Legal Notice.
3. a.PREVENTION IN ACT recommends that you read and properly print the Legal Notice.
b. The concepts "User account", "Customer account" and other concepts or equivalent expressions used on the Site could refer - depending on the type of text and environment in which said concepts or expressions are found within the Site - both to private accounts as well as to entity accounts created on the Site.
4. The User is obliged not to access, neutralize, modify, delete, deteriorate, evade, alter, deactivate, manipulate or infringe in any way the following functions of the Site:
i.The functions and security and programming codes of the Site or of the digital products offered on the Site;
ii. the functions that prevent or restrict the use or copying of the digital products offered on the Site; or
iii. the functions that apply limitations to the use of digital products offered on the Site.
5.Nothing stipulated in the Legal Notice will affect the legal rights of the User as a consumer, which may not be modified or waived contractually.
6.In the event of any potential contradiction or discrepancy between the versions of the Legal Notice in the different languages, the version that predominates is that in Spanish.
7.PREVENTION IN ACT will not be responsible, nor will it accept any claim, by the User or by third parties, for the rejection of any legitimate email message due to antispam systems or other reasons of collision with the technical means that provided by the User himself.
8.In turn, the User agrees to notify any type of breach or infringement of the Legal Notice or the security regulations of the Site, of which he is aware.
9.PREVENTION IN ACT authorizes the User to access the Site and to use said Site, governed by each and every one of the conditions of the Legal Notice and, in particular, by the following conditions:
i.The User agrees not to access the Site using any technology or means - digital or physical - other than those provided by PREVENTION IN ACT for this purpose. These media or technologies include - but are not limited to, but not limited to - digital media such as video playback and digital document reading pages.
ii.The User agrees not to collect personal data from any User of the Site, including the account names of Users registered on said Site.
10. The User undertakes to comply with each and every one of the terms and conditions of the Legal Notice, at all times, while he is using the Site.
11. PREVENTION IN ACT innovates, constantly, with the aim of providing the best possible products. The User acknowledges and accepts that the form and nature of the products offered by PREVENTION IN ACT may vary, at any time, and without the need for prior notice.
12.i. Due to this process of constant innovation, the User acknowledges and accepts that PREVENTION IN ACT may need to interrupt (permanently or temporarily and totally or partially) - the number of times that PREVENTION IN ACT deems it necessary - the offer of the products that you provide through the Site, as a consequence - by way of examples, but not limited to the following scenarios - of: i) the possible need to take security measures on the Site ii) or as a consequence of the possible need to carry out maintenance work on the aforementioned Site.
ii. In the eventual case / s that PREVENTION IN ACT needs to interrupt the offer of the products it provides through the Site - as stipulated in point 12.i. of the Legal Notice - the User will not have the right to demand from PREVENTION IN ACT, or any other natural or legal person, compensation or reimbursement as a form of compensation linked to any loss or direct, indirect or derived damage that said interruption / is could / n eventually cause. In particular, the User will not have the right to demand from PREVENTION IN ACT, or from any other natural or legal person, compensation or reimbursement whatsoever, in relation to the eventual impossibility of benefiting from the products - which may have been eventually acquired from PREVENTION IN ACT. , by the User, through the Site and whose validity periods for its use were in force during the eventual interruption (s) - associated with said interruption (s).
13.a. The User acknowledges and agrees to be solely responsible (without PREVENTION IN ACT assuming any responsibility against the User or against any other natural or legal person) for the breach or infringement of their obligations under the Legal Notice and the consequences (including any direct, indirect or consequential losses or damages that PREVENTION IN ACT or that any other person fíphysical or legal could suffer) that could derive from said breach or infringement. PREVENTION IN ACT and its subsidiaries, directors, agents and employees will be exempt from liability for claims, demands or legal actions that may arise from the use of the Site or the products offered, by PREVENTION IN ACT, on the Site or from the infringement or breach of the Legal Notice, by the User, including any responsibility or expense derived from the claims; direct, indirect or consequential loss or damage; lawsuits, lawsuits and their procedural expenses, as well as attorneys' fees.
b. The User who accesses this Site is obliged to make a proper use of it, without altering, distorting, deteriorating or tarnishing, in any way, the information or advertising accessed. Likewise, the User agrees not to use the information, advertising, activities, products or services - that PREVENTION IN ACT makes available to them - to carry out activities contrary to the laws, morals, public order and, in general, the User agrees to make use of the aforementioned contents - and of the entire Site, in general - in accordance with this Legal Notice.
c. The User will be liable for damages, of any nature, that PREVENTION IN ACT or any other natural or legal person may suffer as a result of the User's breach of any of the obligations to which it is subject by this Legal Notice. The action contrary to the Legal Notice, by the User, will entail the filing of the appropriate legal procedures.
14 to. The Site is provided "as is" and PREVENTION IN ACT makes no warranties (including any implicit warranty of satisfactory quality or fitness for a particular purpose or description) - beyond those warranties explicitly given by PREVENTION IN ACT at the Legal Notice - nor does it make any manifestation in front of the User, nor in front of any other natural or legal person, with respect to said Site. In particular, PREVENTION IN ACT does not represent or guarantee the User, or any other natural or legal person, the following:
i. that the use of the Site will comply with the requirements and expectations of the User;
ii. that the use of the Site will be continuous, punctual, secure or error-free;
iii. that the information that the User obtains - as a result of using the Site - will be correct, precise or reliable;
iv. nor that any defects or errors that may exist in the operation or functionalities of the Site, in general, or of any software that may be provided to the User as part of the use of the Site, in particular, will be corrected.
b. PREVENTION IN ACT is not responsible for the incorrect operation of the service due to technical problems derived from factors external to it; of the deficient use or not adjusted to the norms of the service on the part of the User or of any other cause of a technical nature that would prevent the correct provision of the services offered on the Site. Consequently, PREVENTION IN ACT does not guarantee the operation of the system on a permanent basis, since the reliability, availability, or continuity of the Site cannot be guaranteed.
c. The User renounces to claim any type of compensation or indemnification from PREVENTION IN ACT as a consequence of damages or losses caused by information, advertisements, statements or opinions expressed in any way and in any part of this Site. The User declares to know and accept that the information contained in the Site does not constitute professional advice or substitute for the advice of doctors, psychologists or other professionals.
d. The information, products and services contained in this Site are for informational and advertising purposes only. In case the User wishes to contact PREVENTION IN ACT or receive more information about our products or services, they can go to the address and contact details that appear on the Site.
15. Nothing stipulated in the Legal Notice shall exclude or limit the liability of PREVENTION IN ACT for direct, indirect or derived losses or damages that cannot be legally excluded or limited by virtue of the applicable legislation.
16. Subject to the general provision included in section No. 15 above, PREVENTION IN ACT will not be liable to the User, or to any other natural or legal person, for:
i. direct, indirect or derivative losses or damages that the User, or any other natural or legal person, may incur as a result of the use of the Site - including, but not limited to the following scenarios: loss of profits (regardless of whether the losses had been generated in a different waydirect or indirect), losses of business or investment funds, loss of business prestige or loss of data suffered by the User, or by any other natural or legal person;
ii. direct, indirect or derived losses or damages that the User, or any other natural or legal person, may incur as a result of:
a. causes of Force Majeure such as, by way of examples - but not limited to the following scenarios -, the following causes: fire, explosion, failure of transmission networks; economic, political or social crises; collapse of facilities; military, guerrilla or terrorist attacks; natural, nuclear or biological disasters; hurricane, tornado, tsunami, landslide, epidemic, earthquake, tidal wave, volcanic eruption, flood, power failure, war, embargo, law, mandate of any government, strike, coup, revolution, boycott, withdrawal of authorization from the telecommunications operator or any other cause beyond the reasonable control of PREVENTION IN ACT;
b. the credibility that the User, or that any other natural or legal person, could grant to the completeness, correction, precision or existence of any type of advertising material that could appear on the Site or as a consequence of any relationship or operation that could eventually occur between the User, or any other natural or legal person, and any advertiser or sponsor whose advertising or reference - direct or indirect - appears on the Site;
c. any changes that PREVENTION IN ACT may introduce in the design, configuration, functionality, administration or programming of the Site;
d. any cessation - total or partial, permanent or temporary - of access to the Site (or any of its functions);
e. actions of "hacking", "cracking", "thiefing", "wardriving", "wardialing", "port scanning", "warchalking" or "spoofing" - in particular - or as a consequence of any abusive use of technology or of information - in general - that could eventually happen;
f. the elimination, deterioration, distortion, disclosure, publication, communication, corruption, storage failure or loss of any type of information or data belonging to the User, or to any other natural or legal person, and - in particular - of any type of information or data belonging to the User, or to any other natural or legal person, that is maintained or transmitted through the use of the Site, by the User, or by any other natural or legal person;
g. the lack of supply to PREVENTION IN ACT - by the User, or by any other natural or legal person - of truthful, correct and precise information - either in the account creation form, in the order form of products or in any other section of the Site where the User, or any other natural or legal person, could provide information to PREVENTION IN ACT - in the event that PREVENTION IN ACT considers it necessary to supply such information - by the User , or by any other natural or legal person - and require the User, or any other natural or legal person, to provide the same or in the case, also, that the User, or any other natural or legal person , decide to provide PREVENTION IN ACT with spontaneous, voluntary or optional information - always within the limits of the applicable legislation;
h) Lack of maintenance - by the User - of the security or confidentiality of the credentials (username and password) of the User or other information or data belonging to the User's account on the Site.
17.The limitations to the liability of PREVENTION IN ACT towards the User, or towards any other natural or legal person, included in section No. 16 of the Legal Notice will be applicable regardless of whether PREVENTION IN ACT had been warned or should have been warned of the possibility of the occurrence of said losses or damages.
18. i. PREVENTION IN ACT reserves the right to make modifications to the Legal Notice, at any time, for example, to adapt the Legal Notice to changes in current legislation or to adapt it to changes in the nature of the products offered by PREVENTION IN ACT on the Site.
ii. As soon as PREVENTION IN ACT has established the new version of the Legal Notice, it will carry out the following actions:
a.The updated version of the Legal Notice will be uploaded to the Site, clearly notifying the Users of the Site about said modification in the same.
b) It will send - via e-mail - to all Users who have an account on the Site, a notification advising of said modification in the Legal Notice and inviting said Users to review the new version of the Legal Notice on the Site.
iii. The User, in turn, compundertakes to regularly review the Legal Notice on the Site to verify whether it has been modified or not.
iv.The User who had an account on the Site - once the modification of the Legal Notice has been communicated, via e-mail, by PREVENTION IN ACT - if they do not agree with the new Legal Notice, they have a period of fifteen ( 15) consecutive calendar days, counting from the date of sending the communication via e-mail, by PREVENTION IN ACT, to accept or reject the new Legal Notice. After this period without any action on the part of the User who has an account on the Site - in relation to the modification of the Legal Notice - it will be understood that said User accepts the new Legal Notice.
v. In the event that the User who has an account on the Site - and does not have any product contracted therein - decides to reject the new Legal Notice established by PREVENTION IN ACT: said User must - immediately - delete his account on the Site, without the right to demand from PREVENTION IN ACT, or any other natural or legal person, compensation or reimbursement and, in turn, you should not use the Site.
In the event that the User who had an account on the Site is within the contracting period of any of the products offered by PREVENTION IN ACT on the Site and in the event that the User decides to reject the new Legal Notice: Use of the Site, the User's account on the Site and the product / s offered by PREVENTION IN ACT on the Site will be governed by the latest version of the Legal Notice accepted by the User, until the end of the contracting period for the latest version of the CGC contracted by the Client. Once said period is over, the User who decides to reject the new Legal Notice must - immediately - delete their account on the Site, without the right to demand from PREVENTION IN ACT, or from any other natural or legal person, compensation or any refund and, in turn, you should not use the Site.
vi. Likewise, PREVENTION IN ACT reserves the right, at any time and without prior notice, to carry out, totally or partially and temporarily or permanently, any modification, alteration or update of the content and design of the Site. Likewise, PREVENTIONIN ACT reserves the right to modify or alter the characteristics of the services at any time.
19. This Legal Notice - together with the corresponding General Contract Conditions ("GCC"), in the event that the User contracts all or some of the products offered by PREVENTION IN ACT on the Site - constitutes the legal agreement complete between the User and PREVENTION IN ACT. Said legal agreement governs the use of the Site, by the User, - and also governs the use, by the User, of the account that the User eventually created on the Site and also governs the use, by the User, of / of the product / s that the User eventually acquires from PREVENTION IN ACT, through the Site - and replaces all previous agreements between the User and PREVENTION IN ACT in relation to the use of the Site and - in the event that the User create an account on the Site - also in relation to the use of said account on the Site and also in relation to the use of the product / s that were eventually acquired from PREVENTION IN ACT, by the User , through the Site.
20. The User accepts that PREVENTION IN ACT may notify him - including sending notifications regarding changes that may eventually be made to the Legal Notice - by e-mail, postal mail or, also, by means of publications on the Site.
21. All notifications that could eventually refer to the exercise of the rights of access, opposition, rectification and cancellation of the processing of the User's personal data must be sent by writing to PREVENTION IN ACT SARL at 95, Rue de la Boetiè ( 75008), Paris - France.
22.The User accepts that under the assumption that PREVENTION IN ACT does not exercise any of its rights or legal actions contemplated in the Legal Notice (or that could correspond to PREVENTION IN ACT, by virtue of the applicable legislation), this will not constitute a formal waiver of the rights of PREVENTION IN ACT, remaining such rights and legal actions fully in force for PREVENTION IN ACT.
23.If a court with competent jurisdiction over this matter determines that any of the conditions of the Legal Notice is / are invalid, said condition / s will be eliminated from the Legal Notice, without affecting the rest of the conditions of the Legal Notice, the latter remaining fully in force, in all its aspects.
24.The User acknowledges and accepts that all members of the group of companies of which PREVENTION IN ACT is part - or of which PREVENTION IN ACT may andeventually form part - they will be third party beneficiaries of the Legal Notice and that said companies will have the right to demand, directly, compliance with any provision of the Legal Notice where a benefit is contemplated for them (or any right in their favor). Apart from the aforementioned companies, no other natural or legal person will be a third beneficiary of the Legal Notice.
25. a. PREVENTION IN ACT may suspend, block or cancel - totally or partially and temporarily or permanently - the account of a User registered on the Site, at any time, if:
i.The User breaches any of the provisions of the Legal Notice (or if the User behaves in a way that indicates - clearly and obviously - that he does not have the intention or the ability to comply with the Legal Notice);
ii.PREVENTIONIN ACT is obliged to do so by law or by requirement of a judicial authority or any other competent authority.
b. PREVENTION IN ACT may suspend, block or cancel - totally or partially and temporarily or permanently - the account of a registered User also in the event that PREVENTION IN ACT decides, for any reason, to stop operating the Site - temporarily or permanently.
26. In the event of cancellation of a registered User's account, all the legal rights and obligations that may correspond to both the User and PREVENTION IN ACT will not be affected by said cancellation and the provisions included in section 23 of the Legal Notice will continue to apply to such rights and obligations indefinitely.
27.The User accepts that the non-observance of any of the conditions mentioned in the Legal Notice will constitute a breach of the same.
28.The Legal Notice and the User's relationship with PREVENTION IN ACT, as provided herein, will be governed by the laws of France. Any controversy, discrepancy or litigation that may arise in relation to the Legal Notice or in relation to the Site are subject exclusively to the jurisdiction and competence of the Courts and Tribunals of the city of Paris - France, expressly waiving any other forum that may correspond.