Terms of use - Website

The website www.starleads.co (hereinafter the “Site”) is published and managed by LOCUTA, a simplified joint stock company registered with the BORDEAUX Trade and Companies Register under number 884 096 512 having its registered office at 18 rue de Guirauton 33700 MERIGNAC (hereinafter “LOCUTA”).

The purpose of the Site is to present the STARLEADS services offered by LOCUTA.

Article 1: PURPOSE OF THE CGU

‍The purpose of these General Terms of Use (hereinafter “CGU”) is to specify the conditions of use of the Site.

Consultation of the Site by any user (hereinafter “the User”) implies acceptance of the Terms and Conditions.

It is expressly agreed that any provision contrary to those contained in the T&Cs will be considered unwritten and that if one of the clauses is declared void or ineffective, the validity of the other clauses will not be affected.

These CGU may be modified, provided that the User consults the latest version of these conditions at each of his visits.

‍Article 2: ACCESS TO THE SITE

‍Access to the Site is free.

The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or fortuitous events or acts of a third party, such as those usually recognized and defined by the case law of French courts.

Likewise, as an exception, the User is informed that the operation of the Site may be temporarily suspended in order to allow LOCUTA and/or its service providers to carry out technical and/or maintenance operations.

The User may not claim damages from LOCUTA in the event of inaccessibility of the Site.

The Site is accessible to any User with internet access.

In this respect, the User is solely responsible for the proper functioning of his Internet access and his computer equipment.

All costs relating to access to the Site (hardware costs, software or Internet access) are borne by the User.

The User declares to accept the characteristics and limitations of the Internet and acknowledges having knowledge of the nature of the Internet network and, in particular, of its technical performances and, more generally, of the risks inherent in any connection and transmission on or by Internet.

LOCUTA makes every effort to ensure quality access to the Site, it being specified that LOCUTA is not bound by any obligation of result to achieve this.

LOCUTA reserves the right to refuse access to the Site at any time to any User in the event of non-compliance by the latter with the Terms of Use, in the event of an infringement of LOCUTA's rights (in particular intellectual property rights) or the rights of third parties.

‍Article 3: USER RESPONSIBILITY

‍The User undertakes to respect these T&Cs.

Any violation and/or any unauthorized use of the Site or its contents by the User may result in the award of damages and/or any other sanction in the context of legal actions, in particular in the event of violation by the User of the intellectual property rights of LOCUTA or third parties.

‍Article 4: LOCUTA'S RESPONSIBILITY

‍LOCUTA makes every effort to ensure that the information and content of the Site are as accurate and up-to-date as possible.

The Site is periodically updated.

In the event that the Site contains inaccuracy/omissions/errors or is subject to malfunctions, the User is invited to inform LOCUTA.

The User is informed that he will not be able to claim damages from LOCUTA in the event of a defect and/or dysfunction of the Site.

Any content uploaded to the Site is done at the risk and peril of the User and under his sole responsibility.

Therefore, LOCUTA cannot be held responsible for any damage suffered by the User or for any loss of data resulting from such a download.

It is specified that the images, photographs, infographics and/or diagrams present on the Site are provided for information purposes only and have no contractual value.

In addition, LOCUTA declines all responsibility in particular in the following cases:
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- faulty functioning of the User's infrastructure (hardware, software, operating system...)
- malfunctions likely to occur in the resources of the User's network (bandwidth slowdown, Internet network congestion, etc.)
- interruption of services related to maintenance operations or technical incidents - system security (e.g. viruses...)
- usurpation of the identity of the User

In general, LOCTURA cannot be held responsible for the consequences arising from the violation by the User of these Terms and Conditions.

Article 5: HYPERTEXT LINKS

‍The Site may contain hypertext links to sites published and managed by third parties.

It is expressly stated that these sites are not under the control of LOCUTA.

Consequently, LOCUTA cannot be held responsible for the availability of these sites, content, advertising or services available on or from these sites.

‍Article 6: COOKIES

‍The Site contains various types of cookies:

- Technical cookies: essential for the User's navigation, in order to ensure the functioning of the Site and to facilitate the User's visit.
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- Cookies for audience measurement and statistics: intended to optimize the User's experience on the Site and to collect data on the use of the Site.
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- Advertising cookies: to allow LOCUTA as well as third parties to display advertising content adapted to the interests of the User on the Site.
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During the User's first visit to the Site, LOCUTA will ask for his permission to place cookies requiring his consent.

Several options are available to the User: accept all cookies, be notified when a cookie is saved, or systematically refuse all cookies.

The fact that the User saves his preferences implies authorization for LOCUTA to use the cookies and extensions selected.

In accordance with the recommendations of the CNIL, the maximum period for keeping the User's choice when using these cookies is a maximum of 6 months.

The User has the possibility to modify the settings of his internet browser at any time in order to accept, configure or refuse cookies.

Each internet browser offers different configuration methods to manage cookies:

- FireFox: https://support/mozilla.org/fr/kb/enable-annd-disable-cookies-website-preferences

- Chrome: https://support.google.com/accounts/anwser/61416?hl=fr

- Safari: https://www.apple.com/legal/privacy/fr-ww/

- Internet Explorer: https://support.microsoft.com/fr-fr/windows/supprimer-et-g%C3%A9rer-les-cookies-168dab11-0753-043d-7c16-ede5947fc64d

- Opera: http://www.opera.com/help/tutorials/security/cookies/


The User is informed that the Site may not work properly if all cookies are disabled.
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LOCUTA reserves the right to place other cookies in the future on the Site and informs the User immediately.

These cookies may be of various types.

Depending on the nature of the cookies placed on the Site, LOCUTA will not fail to obtain the User's consent when necessary, in accordance with the legislation in force.

‍Article 7: PERSONAL DATA

‍Personal data refers to any information concerning an identified or identifiable natural person.

‍7.1 Data collected

‍Personal information collected via the Site is confidential and is intended to be processed primarily in order to respond to requests for information and quotations made by the User, to manage subscriptions to the newsletter and to improve the functioning of the Site.

These treatments are based on the consent of the User and the legitimate interest of LOCUTA, in particular in the context of the execution of pre-contractual or contractual measures, in order to comply with applicable laws and regulations.

The data that can be collected via the Site are as follows:

- Name and surname
- Phone number
- Email address
- User's company name
- Position occupied by the User
- Data collected through cookies, including IP address and unique identifier of the User's device
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In addition, by using the online discussion tool (Chatbot) available on the Site, the User may be required to communicate other personal data spontaneously. This data will be processed in the same way as the data determined above.

LOCUTA undertakes not to make use of personal data contrary to current legislation.

‍7.2 Retention period

‍LOCUTA keeps the User's personal data for the time strictly necessary to achieve the purposes for which they are collected.

As such, when LOCUTA no longer needs to use the User's personal data, they are deleted from its systems or made anonymous in order to no longer allow the identification of the User, subject to preservation for archival purposes, complaint management and litigation as well as to meet the legal and/or regulatory obligations incumbent on LOCUTA or to respond to requests from authorities authorized to request it.

As an exception, personal data collected through cookies and trackers are kept for a maximum period of twenty-five months from their collection.

‍7.3 Persons authorized to access personal data

‍The personal data collected is intended for LOCUTA and, where applicable, for its technical service providers and distributors.

LOCUTA is committed to ensuring that only duly authorized persons can access the personal data collected when necessary for the purposes mentioned above.

LOCUTA will not communicate the personal data collected to third parties for commercial purposes.

LOCUTA will only be required to communicate this information if necessary and, if possible, in a form that does not allow direct identification.

‍7.4 Data privacy protection

‍LOCUTA takes all necessary precautions to guarantee the confidentiality and security of the data collected via the Site and to prevent them from being deformed, damaged, destroyed or from being accessed by unauthorized third parties.

However, LOCUTA cannot be held responsible in case of interception of said data by unauthorized third parties.

By application of Law No. 78-17 of January 6, 1978 as well as the data protection and security measures required for residents of the European Union/European Economic Area under the EU General Data Protection Regulation 2016/679 (RGPD), the User benefits from the following rights:

Right to information: the User has the right to obtain clear, transparent and understandable information on how LOCUTA uses his personal data and on his rights;
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Right of access: the User has the right to access the personal data that LOCUTA holds about him;
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Right to rectification: the User has the right to have their personal data rectified if they are inaccurate or obsolete and/or to complete them if they are incomplete;
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Right to erasure/right to be forgotten: the User has the right to have their data deleted or deleted. However, this right may be limited by a legal reason or the legitimate interest of LOCUTA in keeping its personal data;
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Right to object: the User may at any time refuse to allow his personal data to be used; 6

Right to withdraw consent at any time for data processing based on consent: the User may withdraw their consent to the processing of their data when this processing is based on consent;

Right to data portability: the User has the right to move, copy or transfer data from the LOCUTA database to another. This right applies only to the data he has provided, and provided that the treatment is based on a contract or the consent of the User and carried out using automated processes.
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The User may exercise the rights described above by contacting LOCUTA in the manner provided below.

The User also has the right to formulate specific or general instructions concerning the storage, deletion and communication of his post-mortem data.

The User may contact LOCUTA at any time if he wishes to exercise his rights or if he has questions or complaints concerning the processing of his personal data:

Company: LOCUTA 18 rue de Guirauton
33700 MERIGNAC
E-Mail: dpo@starleads.co
Tel: 07.64.09.69.46

The User may at any time contact the CNIL in the event that he wishes to file a complaint against LOCUTA's data protection practices:

National Commission for Informatics and Freedoms
CNIL 3 Place de Fontenoy TSA 80715
75334 Paris, Cedex 07
Tel. +33 1 53 73 22 22
Fax +33 1 53 73 22 00
Web site: http://www.cnil.fr/

However, it is recommended that the User first contact LOCUTA before filing a complaint with the CNIL insofar as LOCUTA remains at the entire disposal of the User to settle any disputes.

‍Article 8: INTELLECTUAL PROPERTY

‍LOCUTA is the owner of the LOCUTA and STARLEADS brands protected by industrial property rights.

The Site, its graphic charter, the logos and texts present on the Site as well as the content of the videos are protected by copyright, related rights and image rights.

As such and in accordance with the provisions of the Intellectual Property Code, they may not be the subject of any use, reproduction, exploitation, transformation, in any way whatsoever, even partially, without the prior and express agreement of LOCUTA and/or the holders of the rights concerned.
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However, LOCUTA authorizes the User to reproduce his brands for informational and/or promotional purposes provided that it does not create a risk of confusion and that this reproduction does not damage his image.

The User is informed that LOCUTA retains a right of veto over the use of its brands and that it may therefore prohibit any reproduction without having to justify its decision.

LOCUTA thus reserves the right to sue any person who makes an unauthorized use of the Site and its content (brands, patents, patents, designs, models, software, graphics, photographs, infographics, functionalities, videos, scripts...) and/or in general uses or damages its image without its authorization.

‍Article 9: TRANSLATION

‍The CGU are written in French but may be translated for the needs of its good understanding by the User.

In the event of a conflict of interpretation between the various versions of the CGU, it is expressly agreed that the French version of the CGU will always prevail.

‍Article 10: DISPUTES

‍Any dispute relating to the application and/or interpretation of the CGU will be subject to French law.

It must be the subject of an attempt at an amicable settlement as a matter of priority.

In the absence of an amicable resolution, the dispute will be brought before the competent jurisdiction under the rules of common law if the User is a consumer and before the competent jurisdiction with regard to LOCUTA's head office if the User is a professional.