Terms of Service

Protradesmen

 

 

attention - disclaimer

 

Please read these special service conditions carefully before using the services offered by WE LINK (hereinafter the " Company ") on the website accessible at www.protradesmen.co.uk (hereinafter the " Website ").

 

These general conditions of use (hereinafter the " CGU ") define the conditions and legal obligations related to the use of the Website.  

 

Any use and / or use the services offered by the S ompany users imply the acceptance of these terms. The mere fact of using said services implies outright acceptance of these general conditions, which the user of the Website expressly declares and recognizes.

 

The Website is in no way an official website or any other French or foreign professional order . The Website is private and separate from any official body / administration (s).

 

The Company is a simple technical intermediary within the meaning of article 6-1-2 of the law for confidence in the digital economy of June 21, 2004.

 

  1. object - validation - acceptance

 

These Terms and Conditions of Use define, firstly, the legal framework for use by users (hereafter designated " User s "), services offered by the Company on the Website, and the relationships that can to establish themselves between them on the Website, these with the rights which are recognized to them, but also with the founded duties, independently of what is referred to herein.

 

The use and / or use of the Service offered by the Company to the User implies their unconditional acceptance of these T & Cs. The mere fact of using the Service implies outright acceptance of these Terms.

 

It is specified as necessary, that the User can save or print these Terms, provided, however, not to modify them.

 

The version of the T & Cs available online on the Site will prevail, where applicable, over any other version of these conditions, with the exception of modifications which may have occurred after its use of the Services and this, in accordance with common law.

 

A copy of these Terms will be sent in PDF format by e-mail, to the u ser, as those prevailing at the time of acceptance.

 

  1. entry into force - duration

 

These T & Cs are applicable for the entire period of browsing and access of the User on the Website and for the entire period of use of the Service by him.

 

The User is informed that the T & Cs may be updated at any time under the conditions of article 13 hereof.

 

These T & Cs were updated in February 2020.

Subsequent changes to these T & Cs will be enforceable against Users from the time they are posted.

 

  1. verification of the adequacy of needs for services

 

The User hereby declares that he has proceeded before verifying the adequacy of the Website Services to his needs.

 

He therefore declares and guarantees that he has received from the Company all the information and advice he needed to subscribe to these T & Cs and that he therefore waives all disputes on this point.

 

In this extension, the User acknowledges having been informed that the Company is only a technical service provider offering via the Website a platform for contacting Professionals and Customers .

 

It is therefore up to the User to verify that the Services offered on the Website are suitable for his needs.

 

The User further declares that he has the knowledge, skills and resources, in particular human and technical, required for the use of the services of said platform.

 

  1. definitions

 

In these Terms, it is agreed that the following expressions or words, whether used in the singular or plural, will have the following meaning:

 

- " Article ": designates any article of these General Conditions of Use.         

 

- " Personal data charter ": designates the personal data charter of the Company, established specifically for the needs of the Services provided by the Company, forming an integral part of these Terms.         

 

- " Professional Building " : means any person physical ( expert in building sector, construction, or work, in France and / or abroad ) or legal ( business building, construction, and works) using the Services of the Company for the purposes of being referenced on the Website and having a Profile published on said Site.         

 

" Contact form : form accessible on the Website in which the User indicates his contact details (first name, last name, email, telephone) and drafts his request allowing him to get in touch with a Professional.            

 

" Professional " : designates any Building Professional who uses the Services of the Company for the purposes of being referenced on the Website and has a Profile published on said Site.             

 

" Profile " : means the card dedicated to Professional , available on the website , on which are Retailer ed its coordinates , the services it offers and all information related to his professional activity.              

 

" Service " : refers to the department matchmaking between the Professional and the U ser proposed by the Company via the S ite I nternet .             

 

" Website " : means the website accessible at the address www.protradesmen.co.uk .              

 

"Company" : designates the company WE LINK, SAS with a capital of 2,042.84 €€, registered with the RCS of Paris under the number 83877829800011 with its registered office at 52, rue Richer - 75009 Paris.         

 

" User " : means any individual wishing to browse the Web site, view profiles of P rofessionals and can contact them via private courier or by phone.              

 

  1. description of the service

 

Navigating the website is free and free . 

 

The User can access the different Profiles of Professionals referenced on the Website as follows : 

 

Step 1 : search for the Professional           

 

The User can search for a Professional using the search bar on the Website giving him access to the different Profiles of Professionals.

 

Step 2 : selection of the Professional         

 

The User selects the Professional Profile he wishes to request from those offered, containing the description of his company and his activity, his price lists, his payment methods.

 

Step 3 : call or message addressed to the Professional         

 

The User who wishes to get in touch with the Professional has the option of calling the Professional directly or sending him a message via the Contact Form directly via the Website, by specifying his request directly via the Site.

 

  1. general user behavior


The User acknowledges that the transmission of content via the Contact Form takes place immediately and without the Company exercising any control or any prior validation of the content sent, in particular in view of the requirements of confidentiality imposed by Professional ethics .

 

Thus, upon validation of the content by the User, it will be automatically sent to the Professional in a private manner without the Company being required to exercise any control or any moderation / validation prior to its sending.

 

In this respect, the User is solely responsible for checking the accuracy and legality of the content he sends.


The User undertakes not to disseminate via this Contact Form as part of its content malicious, disparaging, deliberately misleading, illicit and / or contrary to good morals and respect for privacy and freedom of information. worship.

 

  1. intellectual property

 

7.1 intellectual property rights of the company          

 

7.1.1 The Company is the exclusive owner of the intellectual rights on the Website and in particular of all texts, comments, works, illustrations, videos and images, whether visual or audio, reproduced on the Website as well as databases of which it is the producer, with the exception of the content that the User sends via the Contact Form and of which he is the exclusive owner.    


All these intellectual creations are protected under copyright, trademark law, patent law, sui generis right of databases and image rights, and this for the whole world.

 


However, the Company grants a license to reproduce and display the Website, but only and strictly for personal use in connection with the viewing of this Website and the use of the Service.


However, this license excludes the right for the User to modify, copy, translate, disseminate, publish, transmit, distribute, produce, display or assign the rights on the Website and through them.


As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of this code, is authorized.

Any other use constitutes counterfeiting and sanctioned under Intellectual Property without the prior authorization of the Company.


As a reminder, placing a hypertext link to the Website, using the technique known as framing or deeplinking or inlinelinking, is strictly prohibited.


Any form of total or partial copying, aspiration and reproduction of the database produced and used by the Company on the Website is strictly prohibited without its prior written agreement.

 

7.1.2 The Company integrates API modules such as Googlemap, Twitter, LinkedIn and Facebook, developed by third-party companies whose use is governed by licenses.    

 

7.2 user's intellectual property          

 

7.2.1 The User remains the sole owner of the rights attached to the content they intend to transmit and disseminate through the Contact Form and remains solely responsible for it.    

 

7.2.2 The User is prohibited from sending internet links via this Contact Form referring to pages hosting and / or reproducing content contrary to the provisions of these T & Cs.    

 

  1. IT and freedom - personal data


All information relating to the collection and processing of personal data of e User by the Company, and the use of cookies on the Website are available in the Charter of data é es personal attached as Appendix 1 pr é paths CGU and part int é gral pr é paths TOS .

 

  1. technical provisions

 

The Service is provided as is. The Company does not guarantee an error-free, punctual and secure supply of the Service offered online on the Website.


It is only bound by any obligation of personalized, particularly technical assistance.


It disclaims all express or implied guarantees, in particular regarding the quality and compatibility of the Site for the use that the User will make of it.

 

It does not guarantee any result or profit in the use which will be made of the Service offered through the Website and even more of the services offered by the Professionals referenced on the Website.


Nor does it guarantee that the files transmitted by the User cannot be subject to intrusion by unauthorized third parties, nor be corrupted or downloaded, nor that the information and data circulating on the Internet are protected against such possible attacks or hijackings. It therefore does not guarantee the confidentiality of messages sent via the Site to Professionals.

 

  1. responsibility

 

10.1 The Company hosts content on the Website that the User transmits via the Contact Form . The Company only intervenes as a technical intermediary.      

 

Thus, the Company cannot be held responsible for the content that the User sends via this Contact Form and which would violate the provisions of these T & Cs and the law applicable herein.


If the User transmits content via this Contact Form in violation of said provisions, he will be solely responsible for this violation to the full and entire exclusion of the Company. The responsibility of the Company vis-à-vis third parties can only be engaged after being notified of the illegal nature of the content transmitted via the Contact Form by a User.


This is what will lead the Company, upon simple notification to it, regarding the content which would be contrary to the provisions herein and which is therefore either prohibited, or infringing human and intellectual property rights, to proceed from on its own and by authority to the withdrawal of the corresponding files.

 

10.2 The responsibility of the Company towards the User can be engaged only in the event of non-fulfillment of its commitments resulting from the CGU.        


The User is fully aware of the simple role of the Company as an intermediary who cannot be responsible for the services offered to Users by the Professionals with whom they have chosen to get in touch.

 

10.3 The User is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.      


In the same way, the Company is not responsible for the links appearing on its Internet site towards other Internet sites which do not belong to it and which are not controlled by it, since it exercises no control over the content, the personal data protection charters or the practices of third party sites.

 

The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, products and other information disseminated on these websites.

 

  1. force majeure

 

11.1 Any event beyond the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and as such suspends the obligations of the parties, as for example without this list being exhaustive: a strike or a technical breakdown (EDF, ERDF, telecommunications operators, Internet access or hosting providers, Registrars, etc.), an interruption in the supply of energy (such as electricity), a network failure of electronic communication on which the Company depends and / or of the networks which would replace it.      

 

11.2 The Company cannot be held responsible, or considered to have failed in its obligations provided for in these T & Cs, for any non-performance linked to a case of force majeure as defined by French law and jurisprudence, provided that it notify the other party on the one hand, and that it does its utmost to minimize the damage and fulfill its obligations as soon as possible after termination of the force majeure on the other hand.      

 

11.3 In the event of such an event, the parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.      

 

  1. correspondence between the parties

 

Unless otherwise provided in these T & Cs, correspondence between Users and the Company is provided by email via the Website.

 

Pursuant to articles 1316 et seq. Of the Civil Code and, where applicable, article L.110-3 of the Commercial Code, the parties declare that the information delivered by electronic mail is authentic between the parties as long as no writing contradictorily authenticated and signed, coming to question this computerized information, is not produced.

 

The elements such as the time of reception or transmission, as well as the quality of the data received will prevail as a priority as appearing on the Company's information systems, or as authenticated by the computerized procedures of the Company except to provide written and contrary proof by Users.

 

  1. cgu update

 

The Company is likely to modify and / or update the terms of the T & Cs according to certain economic or legal requirements .


The Company reserves the right to modify the characteristics of the Service at any time, without the said modifications leading to substantial modifications.

 

The new T & Cs will apply on their date of publication on www.protradesmen.co.uk .

 

  1. entirety

 

The provisions of these T & Cs express the entire agreement between the User and the Company. They prevail over any proposal, exchange of letters before and after the conclusion hereof, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the T & Cs, unless endorsement duly signed by the representatives of both parts.

 

  1. no waiver

 

The fact that one of the parties to these T & Cs did not require the application of any clause, whether permanent or temporary, can in no way be considered as a waiver of the rights of this party arising of said clause.

 

  1. nullity

 

If one or more provisions of these T & Cs are held to be invalid or declared as such in application of a law, regulation or following a decision which has become final of a competent court, the other stipulations of these T & Cs will keep all their strength and reach.


If necessary, the Company undertakes to immediately delete and replace said clause with a legally valid clause.

 

  1. title

 

In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles will be deemed unwritten.

 

  1. attribution of jurisdiction - applicable law

 

Any difficulty arising from the interpretation and / or execution of these conditions will be subject to the appreciation of the competent French courts, the only applicable laws being French laws.

 

annex 1

personal data charter

 

 

 

The purpose of this charter is to provide the user who comes into contact with a building professional (hereinafter referred to as " professional " or " professionals ") with complete information on the use that is made by the Company of their data. personal.

 

The definitions given in Article 4 of the T & Cs are applicable to this Personal Data Charter.

 

As part of its activities, the Company provides its users with a contact service accessible from the website www.protradesmen.co.uk (hereinafter the " Website ")

 

To ensure the achievement of its services, the S ompany is forced to collect personal data relating to users of its website.

 

The USER is informed that the Company will collect the information mentioned in article 1.1 of this Charter for the purposes provided for in the use of the link form (contact form) by the USER on the Website. same article.

 

 

Concerned about the protection of the privacy of the user and the processing of his personal data, the Company undertakes, as a Data Controller, to comply with the provisions of Regulation (EU) n ° 2016/679 of April 27 2016, ensuring the best level of protection of personal data of its users.

 

This Charter thus allows the user to benefit from complete transparency regarding the processing of his personal data by the Company.

 

  1. types of personal data likely to be collected by the company

 

1.1           When the user fills out the Contact Form, he fills in the following information : 

 

- Last name / First name (Mandatory)           

- Email (Required)           

- Telephone (Optional)           

- Request (Free writing)           

 

The collection of this data is essential for the provision of the Services by the Company.

 

In the Contact form, the user is notably informed of the compulsory nature or not of the collection of his data. If a mandatory data field is not provided, the Company will not be able to provide its Services.

 

1.2 Data relating to navigation of the user on the site are collected automatically, and include only the source of connections, IP address, browser type and the pages of the popular website. In any case, the Company does not collect the email address without prior notification from its owner.          

 

  1. purposes of processing the user's personal data

 

The Company is only authorized to use the personal data of the user if it has a valid legal basis and must ensure that it has one or more of the following legal bases :   

 

- The execution of the contract;           

- The fulfillment of a legal obligation (ex: conservation of invoices);           

- The legitimate interest of the Company ;             

- When the User has given his consent.           

 

The Company is required to collect and record personal data of its users for : 

 

2.1 The provision of the Service by the Company          

 

The Company uses the personal information of the user for the purpose of providing the Site Services.

 

The personal data entered by the user is mandatory as soon as it allows the Company to monitor the provision of the Services and any complaints from the latter.

 

These data can be transmitted to the technical service providers of the Company, for the sole purpose of the proper performance of the Services, or the compilation of statistics. 

 

In their absence, the Services cannot be properly provided.

 

These data can be transmitted to the technical service providers of the Company, for the sole purpose of the proper performance of the Services, or the compilation of statistics. 

 

2.2 Resolution and improvement of the Services          

 

The Company uses personal information of the user to provide functionality, analyze performance, correct errors and improve the accessibility and efficiency of services provided .

 

2.3 Make recommendations for services and customization options of the user          

 

The Company uses personal information of the user in order to recommend functions and services that are likely to interest the user .

 

These data also allow the Company to identify the preferences of the user and personalize their experience with the services offered by the Site.

 

2.4 Be lawful          

 

The Company may be forced to keep the personal data of the users of its Site in order to meet legal or regulatory requirements (ex : verify the identity of a User in order to detect or prevent fraud). 

 

2.5 A specific purpose          

 

The Company may have to request the consent of the user for the processing of his personal information for a specific purpose which will be indicated to him. When the user has given his consent for this specific purpose, he has the right to withdraw this consent at any time.

 

The Company then undertakes to cease all processing of user information for this purpose.

 

 

  1. the disclosure of personal data concerning the professional

 

The personal data collected is only processed by the Company, except in the following cases : 

 

3.1 Business partners          

 

- Communication of personal data to the Company's business partners in the context of the provision of the Services      

 

3.2 If the recipients of this data are:          

 

- The police authorities in the context of judicial requisitions concerning the fight against fraud ;           

- Secure payment services on the site.         

 

3.3 This data may also be transmitted to third parties in the context of :            

 

- The fight against fraud and the collection of arrears ;           

- Carrying out maintenance and technical development operations on the Website, internal applications and the Company's information system ;           

- The collection of professional opinions ;           

- The dispatch of the newsletter.         

 

3.4 The Company may also share personal data, with the prior and express authorization of the user in the event of the sale, transfer or merger of the Company or a part thereof, or if the Company acquires or merges with another company.            

 

If such a transaction takes place, the Company will ensure that the other party complies with data protection legislation.

 

3.5 Personal data concerning the user will not be transmitted for the purposes of the purposes defined above to companies located in countries outside the European Union. More specifically, this personal information will only be processed by people operating in France.          

 

  1. the rights of the user

 

4.1 Pursuant to articles 14 to 22 of Regulation 2016/679 of April 27, 2016, any data subject using the service has the right to exercise the following rights:          

 

a right of information : the obligation for the Company to make available to the user all the information that the latter has provided.        

a right of access : the right for the user to receive a copy of their personal data.        

a right of rectification : the right for the user to request the modification of his personal data which would be erroneous or incomplete.        

a right to erasure : the right for the user to request the deletion of his personal data, in certain situations.        

a right to limit processing : the fact that the Company cannot, beyond a certain time, continue to process and use the personal data of the user .        

a right to data portability : the right for the user to receive his personal data provided to the Company, in a structured format, commonly used and machine-readable and / or to transmit this data to a third party, in certain situations.        

a right of opposition : the right for the user to object at any time, for reasons related to his particular situation, to the processing of personal data concerning him, in particular the right to object to any time of processing for marketing purposes : when the Company uses personal data for direct marketing purposes, the user.          

 

The ' user has the right to submit to a supervisory authority, if it considers that the processing of read about personal data is a violation of applicable law.

 

These rights can be exercised with the Company which has collected personal data by email to the following address : customer.service@protradesmen.co.uk .   

 

In accordance with the regulations in force, all requests must be signed and accompanied by a photocopy of an identity document bearing the applicant's signature and specify the address to which the response must be sent. A response will then be sent to the user within two (2) months of receipt of the request.

 

4.2               The ' user may send notices to the Company relating to the conservation, deletion and disclosure of his personal data after death in accordance with Article 40-1 of the law 78-17 of 6 January 1978 . the ' user may make its advance directives at the following address : customer.service@protradesmen.co.uk .   

 

  1. storage of personal data concerning the user

 

the user is informed that the personal data which he enters in the Form are kept by the Company throughout the duration of the Service and may be required to be kept beyond this, in the event of subscription to the newsletter in particular.

 

The Company has determined that the retention period of personal data will be fixed at the request of the user concerning the identity document communicated in the exercise of the rights of interrogation, access, rectification, 'opposition.

 

For more information on the retention periods applied by the Company, the user is authorized to contact the professional service of the Company at the following address : customer.service@protradesmen.co.uk .   

 

  1. security

 

6.1           Internal measures at the Company

 

E n as a data controller, the Company shall take all appropriate precautions to preserve the security and confidentiality of data and notably prevent them being distorted, damaged or that unauthorized parties have access, through security of the computer system to prevent external access to users' personal data.

 

When developing, designing, selecting and using its services, the Company takes into account the right to the protection of personal data from their conception.

 

As such, for example, it will pseudonymize or anonymize, depending on the case, personal data as soon as possible or necessary.

 

The data is stored on a server of the company Amazon Web Services (AWS), EMEA SARL - Headquarters : 38 avenue John F. Kennedy, L-1855 Luxembourg. 

 

6.2 Relations with subcontractors          

 

When it uses subcontractors who are likely to process the Professional's personal data, the Company ensures that these present sufficient guarantees as to compliance with the rules related to data protection, and at least the same guarantees as those of the Company , by concluding a contract to the said subcontractors.

 

6.3           The fight against Internet fraud

 

In order to secure payments and ensure optimal quality of service, the personal data collected on the Site is also processed by the Company to determine the level of fraud risk associated with each contact and, if necessary, to help modulate the conditions of execution thereof.

 

6.4 Protective measures taken by the user          

 

In this permanent concern for security and protection, the user is invited to exercise caution to prevent any unauthorized access to his personal data and to protect his terminals (computer, smartphone, tablet) against any malicious access. If the user shares a computer, he must log out after each use.

 

  1. cookies policy

 

7.1 Terms of acceptance          

 

When the user uses the Services of the Company, the latter automatically receives and saves certain types of information such as the settings of the Internet browser used or even the identifiers to allow the user to connect.

 

When the User enters the Site, an information message is displayed to warn him of the use of cookies : " By continuing to browse our site, you accept the use of cookies that may be used visit statistics. Take the time to find out about our cookie policy. "      

 

This message is accompanied by a cross button to hide the message and a " More information link to an internal page of the Site.  

 

“ Cookies ” and other unique identifiers are therefore used to obtain this information when the User's browser or device accesses the Site.    

 

7.2 What is a Cookie ?            

 

T he term cookie encompasses several technologies allowing monitoring of the browsing and actions of the Internet user. These technologies are multiple and constantly evolving. There are in particular, cookies, tag, pixel, Javascript code.

 

The cookie is a small text file saved by the browser of your computer, tablet or smartphone and which makes it possible to store user data in order to facilitate navigation and enable certain functions.

 

7.3 Why are cookies, tags and tracers used?          

 

Cookies are used by the Company to store the preferences of the user , to optimize and improve the use of the Site by the user by providing content that is specifically suited to its needs.

 

7.4 Cookies that the Company issues on the site allow:          

 

- Identify the user when connecting to the Site         

- To determine the browser settings of the user , such as browser type and plug-ins that are installed ;           

- To memorize the Professionals sought by the user ;         

- To know the Professionals sought on the Site by the user and contacted by the latter ;           

- To establish statistics and volumes of attendance and use of the various elements making up our services (using audience measurement cookies) ;           

- Adapt the presentation of the Website according to the terminal used;         

- Adapt the presentation of our Site according to the affinities of each user;         

- To memorize information relating to the completed Contact Form on the Website (subscription to the Newsletter, etc.);         

 

Only the issuer of a cookie may read or modify the information contained therein.

 

Some cookies are installed up to the closure of the browser the user , others are kept for longer. Cookies are kept for a maximum of 12 ( twelve ) months.

 

7.5 Configuration of the navigation software          

 

The user can configure the navigation software so that cookies are saved in his terminal or, on the contrary, that they are rejected, either systematically or according to its issuer.

 

The user can also configure his navigation software so that the acceptance or refusal of cookies is offered to him punctually, before a cookie is likely to be saved in his terminal.

 

7.6 How to exercise this choice, depending on the browser used?          


For the management of cookies, the configuration of each browser is different.

 

The " help " section of the toolbar of most browsers indicates how to refuse new "cookies" or obtain a message that signals receipt, or how to deactivate all "cookies".  

 

The cookies that the Company emits are used for the purposes described above, subject to the choices of the user , which result from the parameters of his navigation software used during his visit to the Site and his agreement by clicking on the button " Ok " from the cookie banner.  

 

Several possibilities are offered to the User to manage cookies. Any setting of the user on the use of cookies may modify his browsing on the Internet and his conditions of access to certain services requiring the use of cookies.

             
The user can choose at any time to express and modify his wishes in terms of cookies, by the means described below.              


For Internet Explorer ™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies , 


For Safari ™: http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html , 


For Chrome ™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647 , 


PourFirefox ™ : http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies ,  

 

For Opera ™: http://help.opera.com/Windows/10.20/fr/cookies.html  

 

7.7 behavior cookies          

 

The Company does not currently collect or process personal information known as " behavior " of the user , as defined by Order No. 2011-1012 of August 24, 2011 relating to electronic communications.  

 

Any setting of behavior cookies on the Site by the Company will be subject to the prior express authorization of the user .

 

  1. the data protection officer of the company

 

The Company does not meet the criteria for the appointment of a Data Protection Officer, provided for in the R ules (EU) No 2016/679 of 27 April 2016.

 

  1. update of the personal data charter

 

The Company may update this charter from time to time.

 

In the event of significant changes, the Company notifies the user by e-mail or by any other means. To the extent permitted by applicable law, using the services of the Company after such a warning is equivalent to accepting updates to this charter .

 

These conditions come from a translation. In case of contradiction between the original text in French and this translation proposed by WE LINK, the French version will prevail.