Definitions

Customer: any capable professional or natural person, in the sense of articles 1123 onwards of the Civil Code, or legal person who visits https:\\www.setcargo.com, the subject of these general terms and conditions of service and performance: Setcargo International’s corporate website made available to its customers.

Content: all constituent parts of the information available on the website, in particular texts, images and videos.

Customer information: hereinafter referred to as ‘information’, which represents all personal data likely to be held by Setcargo International for managing your account, managing customer relations and for analytical and statistical purposes.

User: a web user, using the aforementioned website.

Personal information: “information that allows, in any form whatsoever, whether directly or otherwise, the identification of the natural persons to whom the information applies” (article 4 of French law 78-17 of 6 January 1978). The terms ‘personal data’, ‘affected party’, ‘subcontractor’ and ‘sensitive data’ are used in the sense defined by the General Data Protection Regulation (GDPR: no 2016-679)

 

1. Website overview

In accordance with article 6 of French law 2004-575 of 21 June 2004 on trust in the digital economy, users of the Setcargo International website are hereby informed of the identity of various stakeholders involved in its operation and management: Owner: SETCARGO INTERNATIONAL SAS with share capital of €2,457,000 – 7 AVENUE ANDRE ROUSSIN 13016 MARSEILLE FRANCE
You may exercise your rights by contacting Setcargo International’s Data Protection Officer (DPO) at the following email address:
This legal notice was produced using a template provided by Orson.io’s GDPR legal notice generator.

 

2. General terms and conditions of use of the website and services offered.

The website constitutes intellectual property protected by the provisions of the Intellectual Property Code and applicable international regulations. Customers may not reuse, assign or operate any part of the site or its elements either in whole or in part in any way whatsoever. Use of the Setcargo International website implies full acceptance of the general terms and conditions of use as outlined below. These terms and conditions of use may be modified or supplemented at any time. Users of the Setcargo International website are therefore invited to consult them regularly. This website is normally accessible to users at all times. Interruptions due to technical maintenance may, however, take place at Setcargo International’s discretion. Setcargo International will endeavour to communicate the dates and times of any planned works to users in advance. The Setcargo International website is updated regularly by Setcargo International. Similarly, this legal notice may be modified at any time: it remains the responsibility of users to consult the notice as often as possible and they are expressly invited to do so.

3. Description of services provided.

The purpose of the Setcargo International website is to provide information on all aspects of the company’s activities. Setcargo International strives to provide the Setcargo International website with information that is as accurate as possible. Nevertheless, it cannot be held responsible for any omissions, inaccuracies or lack of updates, whether through its own actions or those of third party partners responsible for providing this information. All information made available on the Setcargo International website is provided for information purposes only and is subject to change. Furthermore, information provided on the Setcargo International website is not exhaustive. Information is provided subject to changes having already taken place before its publication.

4. Contractual limitations on technical data.

The website uses JavaScript technology. The website cannot be held responsible for any material damages related to use of the website. Furthermore, website users hereby commit to accessing the website using recent equipment, without any viruses, via an up-to-date latest generation browser. The Setcargo International website is hosted by a service provider within the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: no 2016-679). The objective is to provide a service that ensures the best accessibility rates. The host is responsible for ensuring continuity of service 24 hours a day for every day of the year. However, they reserve the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance, infrastructure improvement and failure purposes, as well as where service and performance generate abnormal levels of traffic. Setcargo International and the host cannot be held responsible in the event of malfunctioning Internet networks, telephone lines or computer and telephone equipment that may lead, in particular, to congestion on the network preventing access to the server.

5. Intellectual property and infringement.

Setcargo International owns the intellectual property rights and holds the usage rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the website, whatever the means or processes involved, is strictly forbidden without the prior written permission of Setcargo International. Any unauthorised use of the website or any of the elements it contains will be considered infringement and will be prosecuted in accordance with the provisions of articles L.335-2 onwards of the Intellectual Property Code.

6. Limited liability.

Setcargo International acts as the publisher of the website. Setcargo International is responsible for the quality and veracity of the content it publishes. Setcargo International cannot be held responsible for direct or indirect damage caused to user equipment when accessing the Setcargo International website, either resulting from use of equipment that does not meet the specifications outlined in point 4, or due to the presence of a bug or other incompatibility. Setcargo International cannot be held responsible for indirect damage (such as, for example, loss of market or loss of opportunity) resulting from use of the Setcargo International website. Interactive spaces (with the opportunity to ask questions in the contact space) are available to users. Setcargo International reserves the right to delete, without prior warning, any content posted in this space that would break the law as it applies in France, in particular provisions related to data protection. Where necessary, Setcargo International also reserves the right to challenge a user’s civil and/or legal liability, in particular in relation to messages of a racist, abusive, defamatory or pornographic nature, regardless of the media used (text, photograph, etc.).

7. Personal data management and privacy policy.

Customers are informed of the regulations concerning marketing communications, the French law of 21 June 2014 on trust in the digital economy, the French Data Protection Act of 6 August 2004, as well as the General Data Protection Regulation (GDPR: no 2016-679).

7.1 Responsibility for collecting personal data

For personal data collected within the context of creating a user account and browsing the website, the entity responsible for processing personal data is: Setcargo International. As the entity responsible for processing the data it collects, Setcargo International undertakes to comply with the framework of legal provisions in force. It is their responsibility, in particular towards customers, to establish the purposes of any data processing, to provide their prospects and customers, once their consent has been received, with comprehensive information on how their personal data will be processed and to maintain records of any processing consistent with reality. Every time Setcargo International processes personal data, Setcargo International will take all reasonable steps to ensure the accuracy and relevance of personal data with regard to the purposes for which Setcargo International is processing it.

7.2 Purpose of data collected

Setcargo International may process all or part of the data it collects: • to facilitate browsing of the website alongside the management and traceability of services and performance ordered by users: website login and usage data, invoicing, order history, etc.
• to prevent and combat online fraud (spamming, hacking, etc.): IT equipment used for browsing, IP addresses, passwords (redacted) • to improve website browsing experiences: login and usage data
• to carry out optional satisfaction surveys
• to carry out marketing campaigns.

Setcargo International will not sell your personal data and is therefore only used out of necessity or for statistical and analytical purposes.

7.3 Right of access, rectification and opposition

In accordance with the European regulations in force, users of the Setcargo International website have the following rights:
• right to access (article 15, GDPR) and rectify (article 16, GDPR), update and ensure the completeness of user data, as well as the right to block or erase personal data (article 17, GDPR) when it is inaccurate, incomplete, ambiguous, outdated, or its collection, use, communication or conservation is prohibited
• right to withdraw consent at any time (article 13-2c, GDPR)
• right to restrict the processing of user data (article 18, GDPR)
• right to object to the processing of user data (article 21, GDPR)
• right to the portability of data that users have provided, when data is subject to automated processing based on their consent or a contract (article 20, GDPR)
• right to decide the fate of user data following their death and to choose whether Setcargo International should communicate (or not) their data to a third party they have previously designated. As soon as Setcargo International is aware of the death of a user and, in the absence of any instructions from them, Setcargo International undertakes to destroy their data, unless its retention is required for probate purposes or to fulfil a legal obligation. If a user wants to find out how Setcargo International uses their personal data, ask to rectify it or object to its processing, users can contact Setcargo International in writing at the following address: SETCARGO INTERNATIONAL – 7 AVENUE ANDRE ROUSSIN 13016 MARSEILLE France
In such cases, users should indicate the personal data they would like Setcargo International to correct, update or delete, clearly identifying themselves with a copy of a form of identification (ID card or passport). Requests for the deletion of personal data will be subject to the obligations imposed upon Setcargo International by law, in particular with regard to the conservation or archiving of documents. Finally, Setcargo International users can lodge complaints with the supervisory body and, in particular, CNIL (https://www.cnil.fr/fr/plaintes).

7.4 Non-communication of personal data

Setcargo International is prohibited from processing, hosting or transferring the information it collects from its customers to countries outside the European Union or those recognised as ‘inadequate’ by the European Commission without informing customers in advance. However, Setcargo International remains free to choose its technical and commercial subcontractors on the condition they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no 2016-679). Setcargo International undertakes to take all necessary precautions to preserve the security of information and, in particular, to ensure it is not communicated to unauthorised individuals. However, if an incident affecting the integrity or confidentiality of customer information is brought to the attention of Setcargo International, the latter must promptly inform customers and communicate the corrective measures put in place. Furthermore, Setcargo International does not collect any ‘sensitive data’. The personal data of users may be processed by subsidiaries of Setcargo International and by subcontractors (service providers) exclusively in order to achieve the purposes of this policy. Within the limits of their respective remits and for the purposes mentioned above, the main people likely to have access to the data of Setcargo International users are mainly our customer service staff.

 

8. Incident notification.

Regardless of the extent of efforts made, no method of online transmission and no method of data storage can ever be entirely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify affected users so they can take appropriate action. Our incident notification procedure takes into account our legal obligations, both at national and European level. We are committed to fully informing our customers of all matters related to the security of their accounts and providing them with all the information necessary to help them comply with their own regulatory reporting obligations. No personal information belonging to Setcargo International users will be published, exchanged, transferred, given away or sold on any medium to third parties without the user’s knowledge. Only the hypothetical sale of Setcargo International and all its rights would allow the transmission of this information to a potential purchaser of the company who would, in any case, be held to the same obligations to store and modify data from users of the Setcargo International website. Security
In order to guarantee the security and confidentiality of personal data and personal health data, Setcargo International uses networks protected by standard tools, such as firewalls, pseudonymisation, encryption and password protection. When processing personal data, Setcargo International takes all reasonable steps to protect data from loss, misuse, unauthorised access, disclosure, alteration and destruction.

9. Hyperlinks, cookies and web tags.

The Setcargo International website contains a number of hyperlinks to other websites, created with the authorisation of Setcargo International. However, Setcargo International does not have any way of verifying the content on the websites they lead to, and therefore cannot take any responsibility for them. Unless you decide to deactivate cookies, you accept that the website may use them. You can deactivate cookies at any time, free of charge, using the deactivation options available to you and mentioned below, in the knowledge this may reduce or prevent access to all or part of the services offered by the website.

9.1. COOKIES

A cookie is a small information file sent to a user’s browser and saved on the user’s device (e.g. computer or smartphone), hereinafter referred to as cookies. These files include information, such as the user’s domain name, the user’s Internet service provider, the user’s operating system, as well as the date and time of access. In no case will cookies damage a user’s device. Setcargo International may process information on users regarding their visits to the website, such as the pages they view and any searches they carry out. This information helps Setcargo International improve the content of the website and the user experience. Cookies facilitate browsing and/or the provision of services offered by the website. Users can configure their browsers so as to decide whether or not to accept the way in which cookies are saved on their device or, on the other hand, that they should be rejected, either systematically or depending on their sender. Users can also configure their web browser so that the choice of accepting or rejecting cookies is offered to them on certain occasions, usually before cookies are likely to be saved on their device. Setcargo International informs users that, in such cases, some features of their web browser may not be fully available. If users refuse to allow cookies to be saved on their device or browser, or if users delete any previously saved cookies, users are informed that their browsing and general experience of the website may be limited. This could also be the case when Setcargo International or one of its service providers cannot recognise, for technical or compatibility reasons, the type of browser used by the device, the language or display settings, or the country from which the device appears to be connected to the Internet. Where necessary, Setcargo International accepts no responsibility for consequences related to degraded operation of the website and the services potentially offered by Setcargo International resulting (i) from users rejecting cookies or (ii) from Setcargo International’s inability to save or read the cookies necessary for its operation due to choices made by users. For managing cookies and user choices, the configuration of each browser is different. It is described in the browser’s help menu, which will help you understand how you can modify your choices regarding cookies. Users can choose to express or modify their choices regarding cookies at any time. Setcargo International may also use the services of external providers to help collect and process the information mentioned in this section. Finally, by clicking on social network icons, including Twitter, Facebook, LinkedIn and Google Plus, which may appear on the Setcargo International website or its mobile application, and if users have accepted cookies by continuing to browse the Setcargo International website or mobile application, Twitter, Facebook, LinkedIn and Google Plus may also place cookies on your device (e.g. computer, tablet or mobile phone). These types of cookies are only placed on your device if you consent by continuing to browse the Setcargo International website or mobile application. Nevertheless, users may withdraw their consent for Setcargo International to place this type of cookie on their device at any time.

Article 9.2. WEB TAGS

Setcargo International may occasionally use web tags (also known as tags, action tags, one-pixel GIFs, transparent GIFs, invisible GIFs and one-by-one GIFs) and deploy them via a specialist web analytics partner likely to be located (and therefore store corresponding information, including user IP addresses) in a foreign country. These web tags are placed both in online advertisements allowing web users to access the website, as well as on various pages contained therein. This technology allows Setcargo International to evaluate user responses to the website and the effectiveness of their actions (for example, number of times a page is opened and the information viewed), as well as use of the website by users. External service providers may potentially collect information on visitors to the website and other websites using these web tags, compile reports on website activity for the attention of Setcargo International and provide other services related to use of the website and the Internet.

 

10. Applicable law and place of jurisdiction.

Any disputes in relation to use of the Setcargo International website are subject to French law. Apart from cases where the law does not allow it, exclusive jurisdiction is hereby awarded to the courts of X in the event of litigation.

This website is published by:

SETCARGO INTERNATIONAL SAS,
with share capital of €2,457,000, registered on the Marseille Trade and Companies Register under number 439206368, whose head office is located at 7 avenue André Roussin, 13321 Marseille cedex 16 France