These General Terms and Conditions of Use (hereinafter "GCU") set out the rights and obligations of the Users in the context of the use of the FIND-MY-ARCHITECT website and the roles and responsibilities of TROUVERMONARCHITECTE in the context of the Website.
The User acknowledges having read these GCU available on the www.find-my-architect.com Website, and agrees to them expressly and without reservations.
The present GCU are applicable for the entire period of browsing by the User on the Website and of the use of the services allowing contact with an Architect.
In the event of disagreement with any of these conditions, the User must stop using the Website of their own volition.
Website : www.find-my-architect.com
Publisher : The TROUVERMONARCHITECTE company, a simplified joint-stock company with a capital of 15,000 euros with its head office located at 204 Avenue de Colmar in 67100 Strasbourg, registered with the Trade and Companies Register of Strasbourg under SIREN number 849 878 723, in the person of its current legal representative, hereinafter “TROUVERMONARCHITECTE”.
The TROUVERMONARCHITECTE company publishes and operates a platform called “FINDMYARCHITECT” from which it offers a service for putting ARCHITECTS and USERS in contact.
Director: Antoine Jouault
Address: 204 Avenue de Colmar – 67100 Strasbourg - FRANCE
Contact email: email@example.com
Phone: +33 3 88 99 65 02
Host : PlanetHoster, 4416 Louis-B.-Mayer, Laval, Québec (Canada), H7P 0G1, +33 1 76 60 41 43
VAT number : XXX
Declaration to: Information Commissioner's Office (ICO) Request in progress
This service is separate from and independent of bodies and associations related to the architectural profession, including registration boards. The Website database makes Architects' contact details available to Users along with certain information regarding their professional activity.
The information provided on the Website is not exhaustive and is subject to change from the moment it is posted online.
In this context, TROUVERMONARCHITECTE offers Users tools that allow them to contact Architects by email or phone.
In particular, the User may contact their chosen Architect directly by phone or using a contact form that provides their contact details (including name, email, phone number and the subject of their request). When the User provides their phone number, they agree to be contacted by the Architect by phone.
The User can also request to be put in touch with one or, when appropriate, several Architects by completing a form with the proposed type of work, type of property and the User's contact details. In this case, the TROUVERMONARCHITECTE company is not obliged to transfer the request in the event of an inappropriate request.
a) have the legal capacity to engage in this contractual relationship;
b) have read and agree to these GCU
c) are responsible for any use made of the Website by them or by anyone using their credentials.
Any violation of laws and regulations may be reported to TROUVERMONARCHITECTE. The User states that they have been informed that in the event of a breach of the GCU or any illegal act, TROUVERMONARCHITECTE is entitled to take all appropriate measures, including any appropriate legal action against the User.
The User acknowledges that the information they transmit in the context of using the service facilitating contact with an Architect is under their sole responsibility.
The User, therefore, undertakes to ensure that the information they transmit does not contravene current legal and regulatory provisions and does not violate any duty to confidentiality.
a) violate or attempt to violate the security or integrity of the Website, specifically:
(1) implement any action likely to endanger or interfere with the proper functioning of the Website,
(2) implement any action imposing an unreasonable or disproportionately large load on the Website infrastructure,
(3) access or attempt to access data that is not intended to be viewed by the User,
(4) penetrate or attempt to penetrate a server or account which the User is not authorised to access;
(5) harass, threaten, insult or infringe the privacy of any User or Architect or propagate defamatory, abusive or slanderous information;
b) violate human dignity with racist, violent, pornographic or revisionist texts, images or videos, infringe the privacy of others;
c) violate the legal provisions on intellectual property rights or commit acts likely to constitute an infringement;
TROUVERMONARCHITECTE notably does not control and assumes no responsibility related to:
Any erroneous, incomplete, misleading or out-of-date information provided in the context of connection with the Architect may incur the liability of the User with regard to both the Architects and TROUVERMONARCHITECTE.
The User shall be liable for direct or indirect, material or immaterial damage and prejudice caused to TROUVERMONARCHITECTE.
Under no circumstances shall TROUVERMONARCHITECTE be held liable to anyone for any direct, indirect or other damages resulting from the use of third party websites.
The User guarantees and shall compensate TROUVERMONARCHITECTE for any claim and/or proceedings initiated by a third party, of any form or nature whatsoever, that is directly or indirectly related to the information provided and other content disseminated or with its cause in the behaviour of the User contrary to the GCU.
As such, the User shall bear all compensation that the TROUVERMONARCHITECTE Company may be ordered to pay, as well as all the legal costs and fees incurred by the Company.
TROUVERMONARCHITECTE declares that it holds the rights to all the components of the Website.
TROUVERMONARCHITECTE grants the User only a free, personal, non-exclusive and non-transferable right to access and use the Website subject to compliance with the GCU.
The User is thus permitted to use the content of the Website for their personal information.
The Website (considered as an inseparable whole) and its various elements are protected by intellectual rights belonging to the TROUVERMONARCHITECTE Company or to a third party agent or are used by the TROUVERMONARCHITECTE Company on the Website with the authorisation of their owner.
The logo, images, texts, icons, drawings, graphics, photographs, programmes and other components, the name of companies or services offered, mentioned on the Website are likely to constitute the trademarks, trade names and corporate names of their respective holders.
The User expressly undertakes to respect these intellectual property rights.
Subject to legal exceptions, the User undertakes, without this list being restrictive, not to modify, copy, distribute, transmit, disseminate, publish, license, transfer, sell, reproduce or have reproduced all or part of the information or of the service obtained from the Website by any process, known or unknown, on any media, without the prior written consent of the TROUVERMONARCHITECTE Company.
Failure to comply with this prohibition shall constitute an infringement and incur the civil and criminal liability of the offender.
The User is the owner of and responsible for the rights attached to the content disseminated when they contact an Architect by private message.
These conditions may be modified at any time without notice by the Website Publisher or their agent.
The general conditions applicable to the User are those in force on the day they connect to the Website. The Publisher undertakes to retain all previous versions of the general conditions and to provide them to any user who so requests.
The liability of TROUVERMONARCHITECTE cannot be incurred for inconvenience or damage resulting from use of the Internet network such as loss of data, intrusion, computer virus, disruption of the service or other.
In the event that it is impossible to access the Website due to technical or other problems, the User shall not be able to claim damages or any compensation.
Unavailability, even if prolonged and without any restriction on duration, cannot constitute harm for the user and cannot in any way give rise to the award of damages from the Website or its Publisher.
The TROUVERMONARCHITECTE Company respects privacy and personal data.
The personal data we collect is necessary to provide the services offered on our Website.
Your personal data is is, therefore, likely to be used for:
- sending you information and advice on our service offers based on your consent and based on our legitimate interest in helping us better understand your needs and expectations and, thereby, improving the quality of our services;
- establishing anonymous statistics relating to the use of the Website based on our legitimate interest in helping us better understand your needs and expectations and, thereby, improving the quality of our services;
- generally, providing all the services made available on our Website.
Your personal data may be communicated to our technical service providers and partners for processing according to the purposes referred to in article 9.3 above, hosting and, generally, to ensure the proper functioning of the Website services.
Within the TROUVERMONARCHITECTE Company, your personal data is accessible to a limited number of persons who need to access it as part of their work.
Unless the rights mentioned below are exercised, we keep personal data for a period that does not exceed that necessary for the purposes for which it is processed, mentioned above.
Personal data is retained for the longest period required to comply with the law and regulations or for another period related to our operational requirements, including to respond to legal action or regulatory requests. For example, most personal data is retained for the duration of the contractual relationship and, at the end of the contractual relationship, for a period necessary for guaranteeing the exercise or defence of legal actions.
The information collected on our Website using cookies, and subject to your consent, is retained for a period not exceeding thirteen (13) months, in accordance with current regulations.
We implement security and protection measures for your personal data to prevent, as far as possible, any alteration or loss of your data or any unauthorised access to it.
1. Information about your rights
In accordance with current regulations, we inform you that you have the following rights on your personal data:
- the right to access your personal data as collected and processed by us and the possibility of obtaining a copy of it;
- the right to rectify data concerning you that is inaccurate and/or incomplete and the right to erase it if you consider that it is not necessary with regard to the purpose of the processing or that it has been unlawfully processed;
- the right to limit the processing of your personal data if you dispute the accuracy of the data (after verification by us) or if you consider that your data has been subject to unlawful processing but you do not wish to delete it;
- the right to the portability of your data that allows you to receive the personal data concerning you that you have provided in a structured format, commonly used and machine-readable, and to transmit it to another data controller;
- the right to withdraw your consent, at any time, when the processing of personal data concerning you is based on your consent without prejudice to the lawfulness of the processing based on your consent that was carried out before its withdrawal;
- the right to object, at any time, to the processing of personal data concerning you based on our legitimate interest and for commercial prospecting purposes.
2. Exercising your Rights
The rights mentioned in article 9.7 1) above may be exercised at any time by sending a letter to the postal address of the head office of TROUVERMONARCHITECTE:
204 Avenue de Colmar
Or by sending an email to the following address: firstname.lastname@example.org
Any request relating to the exercise of your rights must be accompanied by a signed copy of an identification document.
There is no charge for exercising your rights with regards to personal data. However, in the event of obviously unfounded or excessive claims, particularly due to their repetitive nature, we may require the payment of reasonable costs taking into account the administrative costs incurred for providing information, communication or taking the requested measures or refusing to follow up on your requests.
3. Response Time
We are committed to providing information on the measures taken following a request to exercise your rights as quickly as possible and, in all cases, within the legal timeframe permitted.
4. Claims to the Relevant Authority
You have the right to make a claim to the relevant supervisory authority if you feel that the processing of your personal data constitutes a breach of the law and current regulations on the protection of personal data.
For the United Kingdom, the relevant supervisory authority is the Information Commissioner’s Office (ICO).
We advise you to check this page regularly for any changes or updates.
When you view our website, cookies may be stored on the hard drive of your device (computer, tablet, mobile etc.). A cookie is a text file stored on your computer, mobile device or tablet when you visit our website. It is used to collect information relating to your browsing activity and propose services and offers relevant to your interests.
Cookies are necessary for the operation of the website. These cookies allow you to access your personal area using your personal credentials, implement security measures or permit or facilitate communication for providing a service by electronic means expressly requested by the Internet user.
The storing of cookies on the hard drive of the computer/tablet/mobile device used is subject to the user's consent. You can modify your choices regarding cookies at any time.
TROUVERMONARCHITECTE accepts no liability in the event of the incorrect working of services resulting from the modification and/or removal of cookies necessary for the operation of the website.
Any clause of the GCU that is declared null or invalid shall be rendered void without its invalidity affecting the other provisions of the GCU nor affecting the validity of the GCU as a whole or their legal effects.
The GCU are written in English.
The GCU are subject to the application of English law.
12.4.1 Amicable Resolution
Unless otherwise provided by public policy, any dispute that may arise within the context of the execution of these general conditions of use may, prior to any legal action, be submitted for the consideration of the Website Publisher with a view to an amicable resolution. The user is expressly reminded that requests for amicable resolution do not suspend the deadlines set for instigating legal proceedings.
Moreover, the User acknowledges having been informed of the possibility of having recourse to a mediator. Further information is available on the website by clicking on the following link: http://ec.europa.eu/odr/
12.4.3 Legal Resolution
Any dispute between the Company and the User relating to the use of the Website, as well as the validity, interpretation, performance or non-performance of the GCU, not resolved amicably (or through mediation resulting in a proposal accepted by both parties), shall fall under the exclusive jurisdiction of the relevant UK courts.