The purpose of the website /www.nantes-saintnazaire.switch-up.fr/ is to put in contact people in a situation of national or international mobility (hereinafter the "Newcomers") and people who offer solutions for reception and integration (hereinafter the "Welcomers").
These GCU apply to any person using the Platform, it being specified that those who have an Account on the Platform will hereafter be referred to as "Member(s)".
In these terms and conditions of use, the terms listed below and beginning with a capital letter have the following meaning:
any person, natural or legal, having a Personal Space on the Platform, including the Professional Client, the User (natural person consumer acting on his own account or natural person attached to a Professional Client), the Ambassador, the Partner, etc.
independent professional(s) offering, on the Platform, hosting and integration solutions in the area in which they are located
a legal entity or local authority that has signed a service contract with Switch up in order to access the Platform to subscribe to Services from Ambassadors and make them available to members of its staff or inhabitants of its territory
account for connection to the Platform
contract concluded, through the Platform, between the User or the Professional Customer on the one hand, and the Ambassador on the other hand, with the purpose of providing the Services by the latter. This contract is concluded by means of a double-click ordering process
quotation made by the Ambassador in response to a request from a User or a Professional Customer via the Platform
dedicated and secure space accessible by logging into his Account
www.switch-up.fr and all its pages, as well as the sub-domains created by Switch up in the context of the provision of the Platform as a grey label for the benefit of a Professional Customer
service(s) marketed by the Ambassadors on the Platform
natural person (private individual), acting either as a consumer or as a beneficiary (employee, member of staff, resident, etc.) of a Professional Customer, who wishes to benefit from the Switch up Service, or even from the Ambassadors' Services, in the context of a national or international geographical mobility compatible with the Ambassadors' Services offers.
2.1 Acceptance of the GTC by the Member
The Member acknowledges these GTC and accepts them unreservedly:
- if it is an individual consumer User, when creating its Account;
- if it is another Member of the Platform (e.g. Professional Customer, Ambassador, etc.), when it validates the GTC when it first connects to its Account created via the Platform by means of identifiers that it is invited to modify when it first connects.
Acceptance of these GTCs shall also constitute acceptance without reservation of the MangoPay Electronic Money GTCs and the MangoPay Payment Services GTCs. It is therefore the Member's responsibility to read these Terms and Conditions before accepting these Terms and Conditions.
2.2 Compliance with the GCU by the Member
The Member undertakes to comply with these GCU and to ensure that they are complied with by any of its employees.
2.3 Modification of the GCU by Switch up
Switch up reserves the right to adapt or modify the GCU at any time, subject to notifying the Member by email and giving two weeks' notice, during which the Member may delete his or her Account if he or she disagrees with the new version of the GCU. These modifications will only be applicable to subsequent uses of the Platform.
3.1 Creation of an Account
Any person may consult the Platform provided they have access to the Internet. However, certain features of the Platform are reserved for Members who have an Account, it being specified that the creation of an Account and access to certain features may be subject to compliance with several prerequisites (e.g. Ambassadors, Professional Customers, etc.), which include, among other things, the legal capacity of the Internet user.
The Account creation process varies according to the status of the person who wishes to create it:
- if he is an individual consumer User, he must complete and validate an Account creation form on the Platform. The User then receives a confirmation email with temporary connection identifiers that he/she is invited to modify at the first connection;
- if he/she is an individual User attached to a Professional Client, the Account creation is carried out by the said Professional Client. This User then receives a confirmation email with temporary login details that he is invited to modify at the first connection;
- if he is a candidate for the status of Ambassador, the creation of an Account is subject to a prior selection, in particular according to his skills, and is carried out by Switch up. The Ambassador then receives a confirmation email with temporary login details that he/she is invited to change at the first login;
- if he/she is not part of the 3 categories mentioned above, the creation of an Account is carried out by Switch up according to their commercial and contractual relations.
The Member undertakes to take all necessary measures to preserve the confidentiality of his or her connection identifiers, in particular by regularly changing his or her password. His Account is strictly personal. He/she is solely responsible for the security of his/her login and password and for all acts carried out in his/her name as a result of their use, at least until he/she has informed Switch up of the loss of his/her login or of the fraudulent use of his/her
Account by a third party.
If the User becomes aware that his Account has been compromised or used without authorization, or any other security breach related to his Account, he must
inform Switch up as soon as possible. If the Member forgets his password, he can reconfigure it via a dedicated procedure on the Platform.
3.2 Account deletion by the Member
The Member may delete his or her Account at any time, provided that he or she is not bound by a contract concluded through the Platform that is currently being executed.
The deletion of the Account is subject to a dedicated procedure on the Site, accessible in the Personal Space. This is the only means available to the Member to delete his or her Account. If the dedicated procedure for deleting an Account is not available, the Member may contact Switch up by email at the following address: email@example.com.
3.3 Suspension or deletion of the Account by Switch up
Switch up reserves the right to suspend or delete the Account, at any time and without prior notice, in case of violation by the Member of these TOU or of a contract concluded through the Platform with Switch up or another Member. Such suspension or deletion and the reasons therefor shall be notified to the Member by email.
The Member may reply to this email in order to explain any shortcomings.
3.4 No Effect of Account Suspension or Deletion on Current Contracts
Regardless of who initiates the suspension or deletion of the Account, such suspension or deletion shall have no effect on current contracts, including but not limited to Service Contracts between Ambassadors and Professional Customers or between Ambassadors and individual consumer Users.
The Platform allows:
- Ambassadors to offer Services to consumer Users or Professional Clients acting for the benefit of Users (employees, residents, etc.); - consumer Users and Professional Clients to subscribe to Services; - Users to rate and comment on the Services rendered by Ambassadors; and);
- Consumer Users and Professional Customers to subscribe to Services;
- Users to rate and comment on the Services rendered by the Ambassadors;
- Any Member to enter into contracts with Switch up and/or other Members;
- Any Member to pay amounts due to Switch up or to another Member (e.g. Ambassador), by means of an interface created with MangoPay, a payment service provider.
- any Member to access his or her Personal Space in order to consult, in particular, his or her personal data and the contractual documents concluded with Switch up and/or other Members;
- any Member to contact Switch up or other Members;
- any Member to share all the documents necessary for the proper execution of the contracts concluded with Switch Up and other Members.
The Member undertakes to :
- create only one Account, it being specified that it is forbidden for any individual or legal entity to have several Accounts on the Platform;
- keep the confidentiality of his access codes to the Platform and the data in his Account, it being specified that his Account is strictly personal;
- provide objective, sincere, exhaustive and detailed information in their Personal Space;
- update their personal data in their Personal Space;
- not use the Platform to carry out illicit or fraudulent acts;
- respect the intellectual property rights relating to the Platform and the rights of third parties (e.g. content of Users' profiles). content of Users' profiles).
Switch up is responsible for the processing of Members' personal data collected when using the Platform. Switch up ensures that it has completed the appropriate formalities to comply with the provisions of the so-called "Data Protection Act" of 6 January 1978 and the General Data Protection Regulation (RGPD) n° 2016/679 of 27 April 2016.
6.2 Collection of personal data
Members' personal data is collected when they use the Platform (creating an Account, requesting a Quote on the Platform, concluding a contract with Switch up or other Members, etc.). The personal data of the Member collected by means of the Platform are in particular the following:
- Identity and contact details of the Member;
- Connection information (IP address, type of browser, etc.);
- Preferences of the Member (e.g. identification of needs prior to the preparation of a quotation). identification of the needs prior to the elaboration of a Quotation by the Ambassador);
- Information necessary for the realization of the subscribed contracts (proof of identity, proof of residence, proof of income, of work or of taxation, proof of family composition...).
6.3 Purposes of the processing of personal data
Data is processed by Switch up in order to:
- comply with legal and regulatory obligations to provide information, in particular with regard to the user and the Professional Customer;
- allow the edition of personalized Quotes;
- facilitate the execution of the Service Contracts;
- solicit, store and disseminate satisfaction notices;
- transfer or assign them to our partners in the terms of article 6.5;
- for commercial purposes (mailing, social networks, SMS, telephone, mail...).
6.4 Legal basis for processing
In accordance with the terms of the RGPD, the legal bases for the processing of data by Switch up are:
- Article 6.a of the said RGPD, insofar as the data subject (e.g. Member, Ambassador, User, etc.) has consented to the processing of his/her personal data for one or more specific purposes (as referred to in article 6.3 hereof);
- Article 6.b of the said GDPR, where the processing is necessary for the performance of a contract (e.g. Service Agreement with an Ambassador or other contracts with Switch up) to which the data subject is a party or for the performance of pre-contractual measures taken at the request of the data subject.
6.5 Transfer of data to third parties
Switch up may transfer personal data to third parties in the ways defined below:
- transfer of User and Professional Customer data to Ambassadors, in order for them to edit Quotes, conclude and execute Service Contracts;
- transfer of Ambassador data to Users and Professional Customers in order to comply with legal information obligations and to facilitate the execution of Service Contracts;
- transfer of data to the payment service provider in order to facilitate payments on the Platform;
- transfer of data to the Ambassadors and Partners for the proper execution of the subscribed Services (real estate agencies, administrations, companies putting people in touch with each other, banking providers, insurers...)
The above list of third parties is exhaustive. No other third party may have access to Members' data, unless the law or a court decision requires Switch up to communicate certain data to administrative or legal entities.
It is specified that all third parties to whom personal data may be transferred are all domiciled in the European Union and are therefore subject to compliance with the GDPR.
6.6 Retention period
Customer notices are kept for a maximum period of 5 years. Invoices and contractual documents are kept non-anonymized for a period of 10 years, in accordance with Switch up's legal and accounting obligations. The other data are anonymized for statistical purposes as soon as the account is deleted or when the Member has been inactive for 36 months.
6.7 Rights of access, modification, opposition and deletion
In accordance with the provisions of the French Data Protection Act of 6 January 1978 and the RGPD, all Members have the right to access, oppose, rectify and delete their personal data at any time.
The Member may exercise these rights by writing to Switch up, by email to the following address firstname.lastname@example.org. The Member must specify his identity, contact details, the subject of his request and attach proof of identity. A reply will then be sent to him/her within one (1) month following receipt of the request.
In the event of dissatisfaction, the Member has the right to submit any claim concerning the respect of the rights referred to above to the CNIL by sending his or her request:
- either online via the form accessible on the following page: https://www.cnil.fr/fr/plaintes;
- or by mail to the following address: CNIL, 3 Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07
Cookies are only associated with an anonymous user and his/her computer/device. Cookies do not provide any references to
that would allow Switch up to know any personal data.
- find out how Members browse the Platform;
- collect anonymous statistical information on visits (pages viewed, length of visit...);
- optimize the Member's browsing by adapting content to the Member's behavior and preferences;
The Member's information and consent on the collection and processing of cookies is provided by means of an information banner, in accordance with the recommendations of the CNIL in its deliberation of 4 July 2019.
The Member is free to refuse the collection and processing of cookies. The quality of the Platform's operation may nevertheless be reduced.
They may also configure the collection and processing of cookies using their browser's configurators. The steps to follow can be consulted in the "Help" menu of each browser.
In accordance with Article 5 of Deliberation No. 2019-093 of July 4, 2019, cookies and tracers must not have a lifespan exceeding thirteen months, and this lifespan must not be extended automatically on new visits. The information collected through cookies and tracers must be kept for a maximum of twenty-five months.
Certain elements of the Platform may be protected by copyright, trademark law or database rights.
As such, the Member is prohibited from reproducing, representing, modifying or distributing them, in whole or in part, without the prior written authorization of the owner of the rights. Any unauthorized use is likely to constitute an infringement of copyright and may result in legal proceedings.
The Member is formally forbidden to copy all or part of the functionalities allowing the exploitation of the Platform.
Furthermore, Switch up is the publisher of the database that constitutes the Platform, protected by the application of articles L. 341-1 and following of the Intellectual Property Code. As such, any extraction or use of the content of the database may incur the civil and/or criminal liability of its author.
It is forbidden, without the prior written consent of Switch up, for any Member to create any hypertext link to the Platform. Switch up is in any case not responsible for the hypertext links created by third parties and directed to the Platform
10.1 Responsibility of the Member
The Member is responsible for the consequences:
- of his or her failure to comply with any of the stipulations of these GCU;
- of any data entry error;
- of any identity theft on the Platform when he or she has not respected his or her obligation of confidentiality regarding his or her connection identifiers.
10.2 Responsibility of Switch up
Switch up makes every effort to ensure the proper functioning and security of the Platform. However, Switch up cannot be held responsible for:
- interruptions, delays or unavailability of the Platform due, in particular, to a break in service, maintenance work, external intrusion or the presence of computer viruses;
- the consequences of unauthorised use of the Account;
- the consequences of closure of an Account justified by a breach by the Member of its obligations towards Switch up and the other Members.
10.3 Force majeure
Neither Switch up nor the Member shall be liable in the event of force majeure. In accordance with the provisions of Article 1218 of the Civil Code, force majeure occurs when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation by the said debtor.
11.1 Autonomy of the clauses of the GCU
Unless otherwise expressly stipulated, in the event that any of the clauses of these GCU should be invalid or unenforceable, in particular because of an existing or new legal rule, said clause shall have no effect on the validity and/or enforcement of the other clauses of these GCU.
11.2 Absence of tacit waiver of any of the clauses of the GCU
The fact that Switch Up does not avail itself at a given moment of any stipulation of the present GCU or of their violation, cannot be considered as a waiver of the right to invoke the benefit of this stipulation or of this violation.
The present GTC are governed by French law.
For any complaint concerning the use of the Platform, the Member (including the Consumer User) may contact Switch up, by email at email@example.com.
In the event of a dispute concerning the use of the Platform between Switch up and a consumer User, which is not resolved within one (1) month from the first written complaint, the latter has, in accordance with the provisions of articles L.612-1 et seq. of the French Consumer Code, the possibility to have recourse free of charge to the consumer mediator appointed by Switch up, namely ATLANTIQUE MEDIATION CONSO:
- either by completing the form provided for this purpose on its website or by clicking here;
- or by mail to the following address MAISON DE L'AVOCAT - 5, mail du Front populaire - 44200 NANTES
The Consumer User remains free to accept or refuse the recourse to mediation and, in case of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator.
The Consumer User is furthermore informed of the existence of the European platform for online dispute resolution intended to collect any complaints following an online purchase by European consumers and to transmit them to the competent national mediators. This platform is accessible via the following link: https: //ec.europa.eu/consumers/odr/.
In the event of a dispute concerning the use of the Platform that is not resolved amicably, the competent jurisdiction to hear the dispute shall be:
- in the case of Platform Members who are merchants, the Commercial Court of Nantes, to which the parties confer exclusive jurisdiction;
- in the case of other Members, determined in accordance with the applicable rules of civil procedure