Hublo General Terms and Conditions of Use and Sale
1. Legal information
The website www.hublo.com is published by:
Hublo, a simplified joint stock company with a capital of 11,250 euros, whose registered office is located at 12, rue Anselme in Saint Ouen (93400), registered with the Bobigny Trade and Companies Register under number 822 276 986, (hereinafter referred to as "Hublo").
Telephone: 01 76 41 02 30 (price of a local call)
Email: [email protected]
Intra-community VAT number: FR11822276986
Administrator of publication: Antoine Loron - Email: [email protected]
The website www.hublo.com is hosted by Heroku. The storage of users' personal data is exclusively carried out on data centres ("clusters") located in Member States of the European Union.
Site design: Hublo
Hublo operates an online platform accessible at www.hublo.com allowing Healthcare Facilities with temporary staff needs to be linked to persons or staff with the required skills wishing to carry out short-term assignments (the "Platform").
As a mere intermediary, Hublo does not intervene in any way with the relationship between Service Users and cannot be held responsible for the execution of the missions carried out through the intermediation of the Site.
Access to the Site and Services is strictly reserved for the professional use of Users who declare that they have the legal capacity to enter into commitments under these General Conditions. The Facilities expressly acknowledge that by allowing Administrators access to their Health Facilities Account, the latter validly commit the said Facilities by their use of the Services.
3. Definitions of terms
has the meaning given to it in Article 8.1.
has the meaning given to it in Article 9.1.
General Terms and Conditions
refers to these General Terms and Conditions of Use and Sale.
has the meaning given to it in Article 8.1
refers to both Substitute Accounts and Administrator Accounts.
has the meaning given to it in Article 8.2
refers to any information relating to an identified or identifiable natural person ("the registered person").
Health Facilities Account
has the meaning given to it in Article 8.3
Health Facilities or Facilities
refers to any health, social or medico-social facility that has subscribed to the Services.
refers to working hours from Monday to Friday, from 9am to 7pm, local time, with the exception of public holidays.
refers to any short-term assignment proposed by a Facility with a temporary need for staff and which is the subject of an Announcement.
refers to Hublo as well as any Facility, Administrator and Substitute.
has the meaning given to it in Article 2.
refers to the profiles of the Substitutes that they will complete on their Substitute Account and that are visible to the relevant Health Facility.
means any person qualified to perform the Missions proposed by a Facility, having subscribed to the Services and having a Substitute Account on the Site, including any person who is a member of the Facility’s staff and who wishes to work overtime.
refers to the natural or legal person, public authority, department or other body which, alone or jointly with others, determines the purposes and means of the processing.
has the meaning given to it in Article 5.
refers to the website www.hublo.com.
refers to a natural or legal person, public authority, department or other body that processes personal data on behalf of the controller.
Processing of personal data
refers to any operation or set of operations applied to personal data (including collection, recording, organisation, structuring, storage, adaptation or modification, retrieval, consultation, use, communication by transmission, dissemination or any other form of making available, matching or interconnection, limitation, erasure or destruction).
refers to any communication, copy or movement of personal data intended for processing in a country outside the European Union.
refers to any Facility, Administrator or Substitute.
Personal data breach
refers to the consequence of a security breach resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, personal data transmitted, stored or otherwise processed.
4. Scope of the General Terms and Conditions
The purpose of these General Terms and Conditions is to define the conditions of use and sale of the Services offered on the Site and to define the rights and obligations of the Parties in this context.
The General Terms and Conditions are complementary and cumulative with the legal information of the Site.
They may be supplemented, if necessary, by special conditions of sale within the framework of a subscription contract subscribed by the Health Facilities. In case of contradiction, the special conditions of the subscription contract shall prevail.
The General Conditions are transmitted before any validation of a User's registration on the Site, on a durable and printable medium. They are also accessible and printable at any time by a direct link at the bottom of the page of the Site.
Access to and uses of the Services offered on the Site are subject to acceptance of and compliance with the General Terms and Conditions. The use of the Services implies the prior and unreserved acceptance by Users of the General Terms and Conditions, evidenced, at the time of registration for the Services by any User, by a checkbox.
Hublo reserves the right to modify these General Terms and Conditions at any time and without notice, which will come into force on the date they are put online. The new version of the General Terms and Conditions in force will be applicable to any registration for the Services made as of this update. This new version will replace the previous version and will be automatically applicable to Users from the date of its publication. Each User will receive the new version of the General Conditions by email. The User who does not wish to have the new version of the General Terms and Conditions applied to him/her will have the possibility to notify Hublo by email or by post at the address given in Article 1, and to terminate the Services under the conditions of Article 15.
In consideration of the dematerialization of their relationship, the Parties agree that all computer records made by Hublo in its computer system or that of a third party tool shall, in the event of a dispute, have evidential value. This applies in particular, but not exclusively, to Announcements, validations, modifications and missions cancellations, to information provided when creating or updating User Accounts.
5. Description of the Services
Hublo offers via the Platform services to connect Facilities with specific staff needs and Substitutes wishing to carry out short-term missions for Facilities.
To this end, Hublo offers the following services in particular:
- the initial settings and the creation of a specific space for each Facility accessible via the Platform (the "Health Facility Account");
- the creation of personal accounts for each of the staff members in charge of recruiting Substitutes, a list of which will have been provided to Hublo (the "Administrators"), allowing them to access the Health Establishment Account on the Platform subject to any restrictions depending on the configuration of their personal accounts by the Facility;
- the possibility for each Administrator, subject to any restrictions, to invite Substitutes to join the Health Establishment Account;
- the possibility for each Administrator, subject to any restrictions, to publish Missions announcements, within the limit of the number of publications provided for by the subscription formula chosen (the "Announcements");
- sending SMS messages and automatic emails by Hublo to Substitutes in order to (i) invite them to join the Healthcare Facilities Account, (ii) notify them of the publication of an Announcement that may be of interest to them, (iii) notify them of the validation or not of the Mission to which they have applied, (iv) notify them of any other relevant information in connection with the use of the Services;
- the creation of personal accounts for each of the Substitutes invited by a Health Establishment;
- access by Substitutes to the Announcements posted by the Establishments on the Health Facilities Accounts of which they have registered and by the Administrators of these Establishments, subject to any restrictions;
- the consultation by Facilities and Administrators, subject to any restrictions, of the Profiles of Substitutes registered in their Health Facility Account;
- the provision of customer service accessible by email and telephone during the Opening Hours;
6. Subscription to the Services
Any Facility wishing to subscribe to the Services must contact the Hublo teams via the contact form on the Site or by any other means.
Hublo offers different subscription packages to post announcements each month by or on behalf of a Facility. The price of each subscription depends on the services subscribed by the Facility according to a price schedule and taking into account any discounts that may be applicable on the day of the subscription to the Services.
Hublo reserves the right to modify its prices at any time. Hublo may propose a revision of the Service pricing to the Facility, which shall be free to accept or refuse by terminating the Services in accordance with the conditions of Article 15.
Prices are in euros (taxes excluded and included). Prices take into account the taxes applicable on the day of the order and any change to the rate of these taxes will automatically be reflected in the Service pricing.
The registration of Substitutes on the Platform is free of charge. Their own registration is the only decision that Substitutes can make, and this at the request of a Facility or an Administrator. The unsubscription of the Substitutes is at the initiative of the Substitute.
7. Methods of payment
The Services are paid for by the Facility by bank transfer or direct debit or credit card in euros. The Facility will be invoiced for any additional services provided at its request.
A monthly or annual invoice is issued to the attention of the Facility. This invoice, in addition to the subscription price, includes details of any additional Services invoiced.
Any amount not paid by the due date will give rise, in addition to the payment of late payment penalties, to the application of a flat-rate amount of €40 for recovery costs.
In the event of late payment or failure to make payment within 30 days, Hublo reserves the right to terminate or discontinue the Services in accordance with Article 15.
8.1. Registration of Administrators
Each Facility provides Hublo with a list of its staff members and their email address serving as a login identifier to those having access and having the possibility to publish Announcements on the Health Facility Account, it being specified that Facilities will have the possibility to restrict access to certain kinds of information (the "Administrators "). The Facility may update this list upon simple request sent to Hublo at the address indicated in Article 1.
Hublo communicates by email to each Administrator his login and password allowing each one to have access to his personal account (the "Administrator Account") and to the Health Facility Account. It is recommended that Administrators change their assigned access password. Each Administrator is personally responsible for maintaining the confidentiality of his password. Hublo is in no way responsible for the impersonation of an Administrator. If an Administrator suspects fraud, he/she must immediately notify Hublo so that appropriate measures can be taken.
Each Administrator is personally responsible for the use of the Administrator Account assigned to him/her and for the content he/she publishes on the Health Facility Account. The Facility cannot engage Hublo's liability in any way in the event of a non-compliant use of the Service by an Administrator. The Facility is bound by the actions of the Administrator using the Services opposite Hublo and may not invoke any error on the part of the latter.
The Facility may at any time request the deletion of an Administrator Account at Hublo.
8.2. Registration of Substitutes
From his/her Administrator Account, each Administrator, subject to any restrictions, has the possibility to invite Substitutes to register for the Services on the Site and to create a personal account on the Health Establishment Account.
To this end, the Administrator, from his Administrator Account, fills in a form with the contact information of the Substitute, such as: his identity, his telephone number, his skills, and the services of the Facility that have been identified.
The Facility expressly authorizes Hublo to contact the Substitutes thus identified in the name and on behalf of the Facility by e-mail, SMS and/or telephone, in order to offer them to subscribe to the Free Services via their registration on the Site.
Alternatively, Substitutes may be provided with a Facility Code, allowing them to register by going directly to the Site, and entering the Facility Code.
As soon as they receive this information, Substitutes have the possibility to create a personal account by completing an online form on the Site, and by providing their personal information, such as: their names, first names, mobile phone numbers, email and postal addresses, availabilities, etc. This information constitutes the Substitute's Profile and allows the creation of his personal account (the "Substitute Account").
The Substitute may add a photograph on his Profile as well as any supporting document that will be accessible to the Facility that invited the Substitute.
Substitutes undertake to provide accurate and truthful information at the time of registration and to update this information in the event of any changes that may occur.
The Substitute freely chooses the password for access to his Substitute Account, which he must keep confidential. Each Registered Substitute is personally responsible for maintaining the confidentiality of his or her username and password. Hublo is in no way responsible for the identity theft of a Substitute. If a Substitute suspects fraud, he must immediately notify Hublo so that appropriate measures can be taken.
The Substitute may update his Profile by visiting his Substitute Account at any time. The Substitute may enter criteria such as in particular the skills, the services of the Facility for which he wishes to work as well as his availability, in order to receive relevant Announcements with the Missions he wishes to carry out.
The Substitute is informed and accepts that his Profile as well as the information contained therein, may be visible by the Facilities Administrators on the Health facilities Accounts of which he is registered. Also, each Administrator, subject to any restrictions, has the possibility to modify the Profile of any Substitute on the Health Facility Space, as well as to delete the Profile of a Substitute. The Substitute has access on his Substitute Account to the identity of the Facilities on whose Health Facilities Accounts he is registered and from whom he may receive Announcements.
It is the sole responsibility of the concerned Facility to verify the identity and accuracy of the information mentioned in the Substitute Profile at the time of the formalities related to his or her hiring. In no event shall Hublo be held liable for the accuracy and sincerity of this information, as Hublo does not check the content of the Replacement Profiles posted online.
The Substitute undertakes to make strictly personal use of Hublo Services. Under no circumstances may his Account be transferred in whole or in part to any third party whatsoever.
In all cases, the Health Facilities undertake to keep strictly confidential any personal information and documents they may have received and to take all measures to ensure the security and confidentiality of such data. They undertake not to use all or part of this data in any form whatsoever and not to misappropriate information from its primary objectives, namely the performance by Substitutes of the Missions proposed in the Announcements. Under no circumstances may they use this data to carry out prospecting or commercial solicitation. The Facilities undertake to make any declaration on the collection of such personal information and documents to relevant national and international authorities, which may be charged to them, Hublo being under no circumstances responsible for the processing of such personal data by the Facilities.
8.3. Health Facilities Account
Each Healthcare Facility Account includes all the data relating to Substitutes who have been invited to register by the Administrators. These data are only accessible by Healthcare Companies and Administrators, subject to any restrictions, and under no circumstances may they be communicated to third parties.
However, a Substitute may be invited by several Health Establishments. In this case and only in this case, his information and Profile will be visible on the Health Facility Account of all the Health Facilities by which he has been invited.
Hublo undertakes not to disclose the information contained in the Health Facility Account to any third party Facility.
9. Services operation and their use
9.1. Posting of Mission Announcements and Information for Substitutes
The Services allow Administrators to post announcements when they need staff on an ad hoc basis in their Facility. These announcements must contain a certain amount of information, such as the location of the Mission, the service concerned, the date of the Mission, the start time of the Mission, the end time of the Mission, etc., in order to enable registered Substitutes to reply to them (the "Announcements").
The Administrator has the possibility to preview the Announcement before publishing it. As soon as he carries out the second validation, the Announcement is published, and he has the possibility to cancel it.
As soon as the Announcement is published by an Administrator, it is automatically sent by SMS and/or e-mail and/or app notification to Substitutes who may be interested according to their criteria, in particular their skills and availability, and their notification preferences.
Also, Substitutes registered on the Health Facility Account can search for a Mission among the Announcements posted by the Facility on the Site and apply there.
9.2. Substitute Application Process
Once the information relating to the Announcement has been transmitted, Substitutes may view further the Announcement by visiting the Site via the link in the e-mail and/or SMS received and/or app notification.
They can apply for the Announcement received by visiting the Site or the mobile application or by replying to the SMS received according to the instructions transmitted. It should be remembered that in order to be able to apply for an Announcement, Substitutes must respect the working and rest periods in accordance with the legislation and regulations in force, as well as any applicable contractual provisions. It is the responsibility of the Facilities to carry out appropriate checks to ensure that these provisions are respected. The Facilities expressly confirm that Hublo has no obligation to verify compliance with these provisions by the Substitutes and that it cannot be held liable in the event of non-compliance with the laws and regulations in force relating to working and rest time.
The Mission is assigned, at the discretion of the Administrator, to the first Substitute who responded to the Announcement or Substitute chosen by the Administrator, in the event of several candidates applied.
The Substitute is informed by e-mail and/or SMS and/or app notification as soon as his Mission is validated. Substitutes who have applied but have not been selected are informed that the Mission has been assigned to another Substitute.
It is specified that sending a SMS and/or a confirmation e-mail and/or an app notification relating to a Mission does not constitute a contract of employment of the Substitute on the part of the Facility. The contractual relationship between the Substitute and the Facility shall only be formalised from the date of signature of the employment contract and the effective completion of the hiring formalities
9.3. Validation of a Mission
Once the Facility and the Substitute have been put through, they may, but under no circumstances are they required to carry out the formalities necessary to hire the Substitute, which are carried out under their sole responsibility and without Hublo taking part in them. Hublo, being a contact service provider, is at no time involved in the working relationship between the Facility and the Substitute resulting from this relationship. The Facility and the Substitute shall proceed alone to the formalization and signature of the employment contract binding them and shall define alone the modalities of accomplishing the Mission in accordance with their professional and deontological rules.
Following the connection, it is the responsibility of the Facility to verify the personal information of the Substitute allowing him/her to proceed with the hiring formalities. As Hublo is not in charge of verifying contents on the Substitute Profiles and on the Facilities announcements, its responsibility cannot be engaged by either Party in the event of an error relating to the information provided. In addition, Hublo does not carry out any verification or assessment of the qualifications of the Substitutes regarding a proposed Mission and can therefore not ensure (i) that the Missions have been transmitted to a qualified Substitutes or (ii) cannot guarantee the quality of the work performed by the Substitute selected by the Facility.
The Substitute is solely responsible for the appropriate performance of Missions assigned to him/her. Hublo cannot be held responsible in the event that the Missions are not performed in accordance with the expectations of the Facility.
9.4. Modification or cancellation of a Mission Announcement
The Administrator may cancel a Mission at any time by deleting the Announcement. In the event that a Substitute has accepted the Mission, he/she shall be informed of the cancellation as soon as possible.
The Substitute has the possibility to cancel a Mission he has accepted by contacting the Facility concerned directly by any means he deems appropriate. Hublo does not intervene at any time in this cancellation, the Substitutes and the Facility assuming their full responsability personally.
The Substitutes and the Facility may not claim any compensation from Hublo due to any cancellation by either party. In particular, the Facility cannot obtain discounts for any Mission that it has cancelled due to cancellation by a Substitute who has applied and been accepted for the Mission in question.
9.5. History of the Missions
Each Substitute will have access via his or her Substitute Account to the history of all Missions performed.
Each Administrator, subject to any restrictions, shall have access to the history of the past Missions of the Facility carried out by each Substitute
10. Obligations of Users
10.1. Compliance with applicable laws and regulations
The User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order when using the Services and the Site.
Hublo does not take part in the formalities for the hiring of a Substitute, and the Facility is solely responsible for:
- signature of the employment contract and completion of all the documents related to mission according to substitutes condition;
- compliance with applicable laws and regulations in the field of labour law;
- compliance with the legal working time, the legal daily rest period and the weekly working time of the Substitute;
- payment of the Substitute's salary for the Mission(s) carried out;
- payment of all social contributions and taxes resulting from the performance of the Missions by the Substitutes within the Health Facility.
The Health Facility is solely responsible for verifying the identity of the Substitute before any Mission is carried out, that he has the right to work in the country and/or the state and has required qualifications, authorisations and, where applicable, insurance for the proposed Mission.
The Substitute undertakes to comply with the legislative and regulatory provisions relating to the legal working time, the legal daily rest period and the weekly working time. In addition, the Substitute undertakes to possess all the necessary skills to carry out the Missions to which he/she applies.
The User is solely responsible for the proper performance of all formalities remaining his/her obligation and for the payment of all contributions, taxes of all kinds in connection with his/her use of the Services.
Hublo may under no circumstances be held liable in the event of failure to comply with any of the above obligations or in the event of any dispute that may arise from them.
10.2. Relationships between Users
Users acknowledge that they are solely responsible for the relationships established with other Users of the Site and for the information they may transmit to them by any means whatsoever.
Users undertake to respect the rules of courtesy and politeness in their relations and exchanges with other Users.
10.3. Connecting to the Internet
Users acknowledge that in order to access the Site, they must be connected to the Internet and that the quality of the Services offered on the Site therefore depends directly on their Internet connection for which they are solely responsible, whether via a computer or a mobile phone.
10.4. Use of the Services
Users undertake not to use the Services in a way that would violate public order, morality, the rights of third parties or violate current laws or regulations and, more generally, that could result in civil or criminal liability of Hublo (such as, in particular, the exercise of illegal activities, fraudulent or damaging to the security of third parties, intrusion into a third party's computer system or any other activity likely to harm, control, interfere or intercept all or part of a third party's computer system, steal all or part of it or endanger the safety, sending unsolicited emails and/or commercial prospecting that may be similar to spamming...).
More generally, it is prohibited to use the Services for any purpose other than those for which they were designed.
10.5. User-generated content
Users acknowledge that they are solely responsible for the content of any kind they publish on the Site when using the Services.
They undertake to have all the necessary rights to put these contents online and distribute them.
In addition, they undertake not to distribute illegal content that would violate public order, morality, the rights of third parties, violate laws or regulations in force and more generally that could involve the civil or criminal liability of Hublo, such as in particular:
- infringing content;
- misleading, deceptive content or promoting illegal or fraudulent activities;
- racist, xenophobic, homophobic, abusive, violent, offensive, pornographic, obscene, defamatory or revisionist content;
- content that may damage the image or dignity of any third party;
- content harmful to computer systems such as viruses;
- and generally, content that may infringe on third parties, their rights in any form or in any way whatsoever.
10.6. Prohibition of Resale of Services
Users are strictly prohibited from monetizing, selling or granting all or part of the access to the Services or the Site they enjoy, as well as to the information hosted and/or distributed therein.
10.7. Backup of information
Users must take all necessary steps to safeguard the information on their User Account that they would like to keep as long as no copies can be provided to them by Hublo.
11. User Warranty
Users ensure Hublo there will be no claims, demands, actions and/or demands of third parties against Hublo arising from the User's failure to comply with any of its obligations detailed herein.
They also undertake to indemnify Hublo for any damage that Hublo may suffer and to pay it all costs and expenses resulting there from.
12. Hublo's obligations and liability
Hublo is committed to providing the Services in a conscientious manner. To this end, Hublo assumes only an obligation of means and not of result, which is expressly accepted by the Users.
Hublo does not guarantee under any circumstances (i) that the Health Facilities will find a substitute to carry out the proposed Missions and (ii) that the Substitutes will find a Mission corresponding to their needs or that they will be retained by the Health Facilities. Thus, Hublo cannot be held responsible, in particular for:
- the content or the completeness of the Substitute Profiles and their accuracy, relevance or adequacy to the needs of the Health Facilities;
- the content of the Announcements posted by the Administrators;
- exchanges and contractual relations between Health Facilities and Substitutes;
- conflicts that may arise during the conclusion or execution of contracts concluded exclusively between Health Establishments and Substitutes;
- the lack of competence or qualification of the Substitutes as well as the quality of the services provided.
Under no circumstances may Hublo be considered as a recruitment firm, a temporary employment/staffing agency, a human resource consulting firm, without this list being exhaustive. Also, Hublo is not a party to the contracts concluded directly between the Establishments and the Substitutes, it cannot be considered as having the status of employer of the Substitutes.
Under no circumstances may Hublo be held liable for the quality of the services provided by the Substitute and in particular if the organisation of the relevant department in the Facility or if the quality of the Facility's care services is adversely affected as a result of the Substitute's actions.
Hublo does not check the content of the Announcements posted by the Administrators, and therefore cannot be held liable for content that contravenes public order and morality, such as discriminatory or offensive comments. In addition, Hublo may not be held liable for the non-diligent behavior of Administrators who, by using the Services and publishing Announcements that do not match the reality, could disrupt the services of concerned Facility.
In any event, Hublo shall not be liable for any indirect damages (including, in particular, loss of profit, loss of savings, loss of turnover, loss of data or claims by third parties) resulting from the use of the Services by Users. Indirect damages are those that do not result exclusively and directly from the failure of Hublo.
13. Changes in services
Hublo uses all means to ensure that the Services are always available. However, Hublo cannot under any circumstances be held responsible for any temporary or permanent difficulties or unavailability of the Services and the Site due to external causes.
Hublo may, at any time, temporarily suspend access to the Services and the Site in order to carry out any operation to update, maintain or improve the Services. In the event of interruption of the Services, Users will be informed at least 24 hours in advance, in order to be able to organise their Missions by means other than the Services, which they expressly acknowledge and accept. The Facilities acknowledge that they are responsible for organising the recruitment of temporary staff when necessary and that they have set up systems to enable them to recruit such staff from outside the Services. To this end, the Facilities are not only dependent on the Services to recruit temporary staff, and Hublo cannot be held responsible for the inability to recruit Substitutes in the event of an interruption of the Services.
In order to improve the quality of the Services, Hublo may also modify the Services at any time, provided that Users are informed by any appropriate means.
14. Sanction in the event of a breach
In the event of a breach of the General Terms and Conditions or, more generally, in the event of a breach of the laws and regulations in force by a User, Hublo reserves the right to take any measure it deems appropriate and in particular to:
- suspend or terminate access to the Services, under the conditions of Article 15, as well as to the User's Site;
- delete any content posted on the Site;
- publish on the Site any information message deemed useful by Hublo or transmit it by email, SMS or any other means to its Users;
- notify any relevant authority;
- initiate any legal action.
15. Termination and unsubscription
The Services are subscribed by Users for an indefinite period of time.
Each Substitute may decide to terminate the Services at any time by requesting the deletion of his or her Substitute Account by email to Hublo at [email protected] The effective deletion of the relevant Substitute Account will take place within 7 days at the end of which the User will no longer have access to his Substitute Account.
The Health Facility may at any time decide to terminate its use of the Services without cause by notifying Hublo by email at [email protected] fifteen (15) days before the end of the month. The suspension of Services for this Health Facility will be implemented as of the beginning of the following month. If applicable, the Facility will remain liable for all sums remaining due until the end of the subscription contract between Hublo and the Health Facility. The effective deletion of the Health Facility Account will take place within a maximum period of 7 days from the suspension of the Services, at the end of which the Administrators will no longer have access to the Health Facility Account and their Administrator Account.
Each Party may terminate the Services in the event of a breach by one of them of these General Terms and Conditions, which it has not remedied within 15 days after notification by registered letter with acknowledgement of receipt of the remediation request by the other Party.
16. Support service
In the event of any questions, remarks or complaints regarding the use of the Services, Users may contact Hublo by e-mail, telephone or post at the address mentioned in Article 1, as well as via a chat service on the Site, subject to the availability of Hublo's customer service.
17. Force majeure
Any circumstances beyond the control of Hublo or a User that prevent the performance under normal conditions of their obligations are considered as grounds for exemption from their obligations and result in their suspension.
The Party invoking the circumstances referred to below shall immediately notify the other Party of their occurrence, as well as of their disappearance.
Are considered as force majeure any irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, beyond the control of the parties who cannot be prevented by the latter, and in particular but not limited to: in the event of war, riot, strike, lockout, commercial dispute or labour disruption, accident, of equipment or machinery failure, fire, flood, storm, earthquake, interruption of telecommunications services or difficulties specific to electronic storage telecommunications networks, or in case of interruption of transport facilities or of supplies .
The obligations of each Party under these General Terms and Conditions shall be suspended for the duration of the force majeure event. If the Force Majeure Event still continues for more than 60 days, each Party shall have the option to terminate the Services by sending a notice to the defaulting Party.
18. Intellectual Property
The Site and all the elements that compose it, namely, in particular, the domain names, the graphic charter of the Site, the logo and the "Hublo" brand, the texts published by Hublo, the images, photographs and illustrations published by Hublo, the structure and source code of the Site, the databases, are the exclusive property of Hublo, unless otherwise specifically stated in the Site.
Any distribution, exploitation, representation, reproduction, in whole or in part, of the concept, content, technologies or any other element of the Site, whether partial or complete, without the express authorization of Hublo is prohibited and will expose the offender to civil and criminal proceedings.
19. Policy on the processing and protection of personal data
Hublo is committed to a continuous process of protecting the data of its Users, in accordance with the French Data Protection Act of 6 January 1978 as amended, in its last update (hereinafter "LIL"), and the General Data Protection Regulation (EU) of 27 April 2016 (hereinafter "RGPD").
In accordance with the provisions of the LIL, Hublo made a prior declaration on 20 December 2016 of the processing it carries out on personal data concerning Users to the Commission Nationale de l'Informatique et des Libertés (CNIL), under declaration number 2018906.
Hublo then appointed its Data Protection Delegate and declared it to the French CNIL.
In accordance with the provisions of the RGPD, Hublo undertakes to:
· Process the data only for the sole purpose for which they are subcontracted;
· Process the data in accordance with the documented instructions of the Data Controller;
· Inform the controller of his possible legal obligation to transfer data to a third country before processing;
· Guarantee the confidentiality of the personal data processed in the context of this agreement;
· Ensure that persons authorised to process personal data hereunder undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality, receive the necessary training in the protection of personal data;
· Take into account, with regard to its tools, products, applications or services, the principles of data protection from the design stage and data protection by default;
· Inform the Data Controller, in advance and in writing, of any proposed changes concerning the addition or replacement of other subcontractors (further subcontractors). The further subcontractor is required to comply with the obligations hereunder on behalf of and in accordance with the instructions of the Data Controller;
· Ensure that the further subcontractor provides the same sufficient guarantees as regards the implementation of appropriate technical and organisational measures to ensure that the processing operation complies with the requirements of the European Data Protection Regulation. If the further subcontractor does not fulfil its data protection obligations, Hublo remains fully liable to the controller for the processing by the other subcontractor's performance of its obligations;
· Assist the controller in fulfilling his obligation to comply with requests to exercise the rights of the data subjects;
· Notify the controller of any violation of personal data within a maximum period of 24 hours after becoming aware of it and by any means;
· Notify the breach of personal data to the data subject, after agreement by the controller, in the name and on behalf of the controller, as soon as possible, where such breach is likely to create a high risk to the rights and freedoms of a natural person;
· Assist the controller in carrying out data protection impact assessments and in carrying out prior consultation of the supervisory authority;
· To implement technical and organisational measures to ensure a level of security appropriate to the risk.
The User has the possibility to block, modify the storage period, or delete these cookies via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or features of the Site, this malfunction shall in no way constitute damage to the latter, which shall not be entitled to any compensation as a result.
21. Links to other websites
Our Websites or Services may provide links to other websites for which Hublo is not responsible for their content and practices.
22. No waiver
The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to in these General Terms and Conditions does not constitute a waiver of the obligation in question.
23. Partial invalidity
If one or more provisions of these General Terms and Conditions should be held invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions of these General Terms and Conditions shall be considered fully valid and enforceable.
24. Applicable law and jurisdiction
The General Terms and Conditions are governed by French law.
Any dispute relating to the validity, interpretation and execution of these General Terms and Conditions, which has not been settled amicably, shall be referred to the Paris Commercial Court, unless otherwise required by mandatory procedural rules.