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Article 1 – Legal Notices

1.1 Site (hereinafter referred to as “the Site”):

Website novarc.com

1.2 Publisher (hereinafter referred to as “the Publisher”):

The company Novarc with a share capital of €3,900,446.75

with its registered office located at: 815 C CHE DU RAZAS 26780 MALATAVERNE

represented by Jean-Noël Rey, acting as President

registered with the RCS of Romans under number B 380 765 131

phone number: +33 (4) 75 90 58 00

email address: hello@novarc.com

The publication director is Jean-Noël Rey, in his capacity as President of the company Novarc.

1.3 Host (hereinafter referred to as “the Host”):

The Site is hosted by OVH, with its registered office located at 2 RUE KELLERMANN 59100 ROUBAIX.

The Site is hosted within the territory of the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR).

1.4 Data Protection Officer (DPO):

A Data Protection Officer (DPO) is available for any questions related to the protection of your personal data at the following address: rgpd@novarc.com

Article 2 – Scope of Application

These general terms and conditions of use (hereinafter “the T&C”) govern the use of the Site by any user, natural person, with full legal capacity and internet access (hereinafter “the User”).

These General Terms and Conditions of Use define the terms under which the User can access and browse the Site.

Article 3 – Acceptance of the General Terms and Conditions of Use

The acceptance of these T&C is indicated by checking a box in the registration form, following the statement « I acknowledge that I have read and fully accept the general terms and conditions of use. »

This acceptance must be full and complete. Any conditional acceptance is considered null and void. The User who does not accept to be bound by these T&C must not access the Site.

Continued navigation on this website constitutes unconditional acceptance of the following provisions and general terms of use.

The currently online version of these terms of use is the only one binding during the entire period of use of the Site until a new version replaces it.

Therefore, the Publisher invites the User to read the T&C each time the Site is used.

Article 4 – Access to the Site

The User agrees not to use this Site and the information provided therein for commercial, political, advertising purposes, and any form of commercial solicitation, including the sending of unsolicited emails.

Article 5 – Site Content – Intellectual Property Rights

All elements present on the Site, in particular, computer programs and applications, texts, photographs, still or animated images, illustrations, videos, sounds, trademarks, logos, domain names (hereinafter referred to as the “Elements”) belong exclusively to the Publisher or its partners, excluding content published by Users or partners.

All Elements of the Site that may be used to operate this Site, and more generally all elements reproduced or used on the Site, are protected by current intellectual property laws.

Therefore, any reproduction, modification, distribution in any manner of the Site or any of its Elements is strictly prohibited without the prior express agreement of the Publisher.

Their disclosure cannot, in any case, be construed as granting a license or any right to use said trademarks and distinctive elements protected by copyright. They cannot be used under penalty of counterfeiting.

The Site may contain Elements owned by the Publisher’s partners. All such elements are the property of the partner and may not be used without their prior permission.

Any reproduction, representation, use, or adaptation in any form of all or part of these Elements, including computer applications, without the prior written consent of the Publisher, is strictly prohibited.

The Publisher’s failure to initiate proceedings upon becoming aware of unauthorized use does not constitute acceptance of such use and does not waive the right to legal action.

The product photographs accompanying their descriptions are not contractual and do not bind the Publisher.

Article 6 – Site Management

For the proper management of the Site, the Publisher may, at any time:

  • Suspend, interrupt, or limit access to all or part of the Site, reserve access to the Site, or certain parts of the Site, for a specific category of internet users.
  • Delete any information that may disrupt its operation or violate national or international laws.
  • Suspend the Site to perform updates.

Article 7 – Responsibility

The Publisher undertakes to ensure the proper functioning of the Site; however, its responsibility cannot be engaged for any inconveniences or damages inherent to the use of the internet network or access to the Site, including service disruption, failure, breakdown, operational difficulties or interruptions, external intrusion, or the presence of computer viruses.

The User’s connection equipment to the Site is their sole responsibility. The User must take all appropriate measures to protect their equipment and their own data, particularly against viral attacks over the internet.

The User is solely responsible for the websites and data they consult.

If, during the consultation of the Site, the User accesses personal data, they must refrain from any collection, unauthorized use, or any act that may constitute an infringement of the privacy or reputation of individuals. The Publisher disclaims all liability in this regard.

The Publisher cannot be held liable for legal actions against the User:

  • Due to the use of the Site or any internet-accessible service.
  • Due to the User’s non-compliance with the T&C.

The Publisher is not responsible for damages caused to the User, third parties, and/or their equipment due to the connection or use of the Site.

The User waives any action against the Publisher in this regard.

If the Publisher becomes the subject of an amicable or legal proceeding due to the User’s use of the Site, they may seek compensation from the User for all damages, sums, convictions, and costs that may result from this proceeding.

Article 8 – Hyperlinks

The establishment of any hyperlinks by Users to all or part of the Site is strictly prohibited without the prior written permission of the Publisher.

The Publisher is free to refuse this permission without having to justify its decision in any way. In the event that the Publisher grants permission, it is in all cases temporary and can be withdrawn at any time, without any obligation of justification on the part of the Publisher.

Any information accessible via a link to other websites is not published by the Publisher. The Publisher has no rights over the content contained in that link.

Article 9 – Collection and Protection of Personal Data

The Publisher may process the User’s personal data. As the data controller, the Publisher has implemented a policy outlining all the processing of the User’s personal data, the purposes pursued, and the means available to individuals so they can best exercise their rights.

These T&C are established in accordance with legal provisions related to the French Law No. 78-17 of January 6, 1978, as amended, on data processing, files, and freedoms (the “Data Protection Act”) and the European General Data Protection Regulation (GDPR) 2016/679 of April 27, 2016.

Personal data refers to any information concerning an identified or identifiable natural person (data subject); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number, or one or more specific factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.

Users of the Site may be required to provide certain personal data to respond to their information request. The computer processing of this data is carried out by the Publisher acting as the data controller.

The personal data collected includes:

  • First and last name
  • City
  • Country
  • Email address
  • Phone number

Article 10 – Purposes of Personal Data Usage and Legal Basis for Processing

All personal data collected will only be used for the purposes described below and will have the legal bases defined as follows:

The personal data collected from Users is intended for providing the Publisher’s services, improving them, and maintaining a secure environment. More specifically, the uses are as follows:

  • Access to and use of the Site by the User.
  • Management of the Site’s operation and optimization.
  • Implementation of User support.
  • Verification, identification, and authentication of data provided by the User.
  • Prevention and detection of fraud, malware (malicious software), and security incident management.
  • Handling any potential disputes with Users.

Article 11 – Right of Access, Rectification, and Dereferencing of User’s Personal Data

In accordance with the applicable regulations on personal data, Users have the following rights:

  • The right of access: They can exercise their right to access, to know the personal data concerning them, by writing to the email address mentioned below. In this case, before exercising this right, the company may request proof of the User’s identity to verify its accuracy.
  • The right of rectification: If the personal data held by the data controller are inaccurate, they can request an update of the information.
  • The right to erasure of data: Users can request the deletion of their personal data in accordance with applicable data protection laws.
  • The right to limit processing: Users can request that the Publisher limit the processing of personal data in accordance with the cases provided by the GDPR.
  • The right to object to the processing of personal data: Users can object to the processing of their personal data in accordance with the cases provided by the GDPR.
  • The right to data portability: Users can request that the Publisher provide them with the personal data they have provided to transfer to a third party.

Users can exercise their rights by contacting the Publisher at the following address:

815 C CHE DU RAZAS 26780 MALATAVERNE

Or by email, at the address:

hello@novarc.com

Users can also contact the Data Protection Officer of the Publisher for any questions regarding the protection of their personal data at rgpd@novarc.com.

A response will be sent within one month of receiving the request. This one-month period may be extended by two months if the complexity of the request and/or the number of requests requires it.

Furthermore, since the Law No. 2016-1321 of October 7, 2016, Users have the option to determine the fate of their personal data after their death. For more information on this topic, Users can consult the CNIL website: https://www.cnil.fr/.

Users can also file a complaint with the CNIL on the CNIL website: https://www.cnil.fr.

Article 12 – Personal Data Retention Policy

Personal data is stored and used for a duration in compliance with the current legislation, to the extent reasonably necessary or required to fulfill legal or regulatory obligations, settle disputes, prevent fraud and abuse, or enforce the Publisher’s T&C and CGV.

The personal data that Users are required to provide online for recruitment purposes is used exclusively for the management of applications and recruitment. They are kept for a maximum duration of 2 years.

Article 13 – Sharing of Personal Data with Third Parties

Personal data may be shared with third-party companies in the following cases:

  • When the User uses payment services, the company is in connection with third-party banking and financial companies with which it has contracts.
  • When the User authorizes a third-party website to access their data.
  • When the Publisher uses service providers to provide user support, advertising, and payment services. These service providers have limited access to User data in the context of the performance of these services and are contractually obligated to use them in compliance with the provisions of the applicable regulations on personal data protection.
  • If required by law, the company may transmit data to respond to claims made against the Publisher and comply with administrative and judicial procedures.
  • In cases where the Publisher must use subcontractors for personal data processing, it ensures that these providers offer the necessary guarantees for the security, confidentiality, and integrity of the User’s personal data. In any case, the Publisher will never transfer the User’s personal data to a subcontractor located outside the European Union or not covered by an agreement or adequacy decision allowing the transfer of personal data to their territory.

Article 14 – Security

The Publisher implements technical and organizational measures to protect User data. It imposes strict security and information protection standards on its staff and all third parties working for it.

In case of a personal data breach, the Publisher commits to:

  • Notify the CNIL as soon as possible and, if possible, within 72 hours of becoming aware of it, unless the breach is not likely to result in a risk to rights and freedoms.
  • Notify the data subject of the breach as soon as possible if it is likely to result in a high risk to their rights and freedoms, unless the information is not required (particularly if the Publisher has taken measures to make personal data unintelligible or eliminate any risk to those rights and freedoms).

Article 15 – Cookies

A “Cookie” or tracker is an electronic file placed on a terminal (computer, tablet, smartphone, etc.) and read, for example, when visiting a website, reading an email, installing or using software, or a mobile application, regardless of the type of terminal used (source: https://www.cnil.fr/fr/cookies-et-autres-traceurs).

By browsing this Site, “cookies” from the Publisher and/or partner companies may be placed on your device.

During the first visit to this Site, an explanatory banner regarding the use of “cookies” will appear.

The User must give their free, informed, specific, and unequivocal consent for the use of each type of cookies described on the Site, as outlined below, by checking the dedicated box for this purpose.

The consent given will be valid for a period of thirteen (13) months. In any case, the User cannot object to the use of necessary functional cookies for navigation on the Site.

The User has the option to disable cookies from their browser settings.

The following cookies are present on this Site:

  • Functional cookies:
    • Functional cookies are used to ensure the basic functionality of the Site during a browsing session:
      • reCAPTCHA allows automated differentiation between human users and robots.

The lifespan of these cookies is six months.

For more information on the use, management, and deletion of “cookies” for any browser, please refer to the following link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.

Article 16 – Applicable Law

These General Terms of Use of the Site are governed by French law and subject to the jurisdiction of the courts within the jurisdiction of the Publisher’s registered office, subject to a specific jurisdiction provided by a particular legal or regulatory text.