CGU

Legal

• Website design: Altilab
• Hosting: OVH

Terms of Use

Definitions
Editorial Content: all information made available to Users.
Personal Data: personal information which the User enters when signing up for the Specific Service offered and/or provided as part of Service use.
Intellectual Property Rights: brands, domain names, copyrights, drawings and models, patents, Database rights or any other intellectual property rights used and required for the Service Provider’s activities.
Form: the registration or information request form filled out by the User to receive certain services after reading these Terms of Use.
Hyperlink: a reference system activated by clicking on a word, icon or logo to jump from one document to another on the same website or from a page on one website to a page on a different website.
Services: all the services, including Specific Services, provided to Users via the website.
Website: the Internet site made available to the public via the Internet at the URL address: https://www.incathlab.com/
User: a physical person of legal age and capacity who uses the services provided by the website.

Purpose

The purpose of these Terms of Use is to define the terms and conditions under which Incathlab provides services to users.  Any Services provided by Incathlab shall be used in compliance with these Terms of Use.

Purpose of the Incathlab service

Incathlab is an e-learning service for cardiovascular interventions (see About Incathlab) and endovascular surgery in general. The editorial content of the service is intended for healthcare professionals and students. The information provided on the website is designed to support, but not replace university training or the doctor-patient relationship.

Acceptance of Terms of Use

The user declares having read and expressly and unconditionally accepted the Terms of Use in effect on the date of access to www.Incathlab.com.
Incathlab reserves the right to modify the content of these Terms of Use at any time. The User is therefore advised to refer regularly to the latest version of the Terms of Use available at www.Incathlab.com at any time. Any use of the Services by the user following changes to the Terms of Use will be considered full and automatic acceptance of the new Terms of Use.

Intellectual property rights

Access to the Website gives users the private and non-exclusive right to use this Website. All material published on Incathlab, including text, graphics, logos, icons, images, audio or video clips, software, etc., without limitation, are works protected by the French Intellectual Property Code which belong to Incathlab or third parties who have granted Incathlab licence to use their works.
In accordance with French copyright law, Incathlab has exclusive rights over the reproduction, depiction, modification, adaptation, publication, communication and distribution medium of all content published on the Website. Any reproduction of any of the abovementioned content is prohibited without the express written consent of Incathlab. Users are also prohibited from downloading, selling, modifying, publishing or disseminating the content of the Website without the express written consent of Incathlab.
Anyone who uses the Website content for purposes other than those described herein will be subject to legal action. Article L. 335-2 of the French Intellectual Property Code states that violation of the abovementioned provisions constitutes copyright infringement, punishable under civil and criminal law, by a 3-year prison sentence and €300,000 fine.
Some content displayed on this website may be protected by copyright without Incathlab’s knowledge or be produced on this website without the intention of violating existing legislation or infringing the rights of third parties. If you are the author of this content and do not wish it to appear on the website, please write to us by email. We will immediately remove the material(s) in question.
The brands and logos which appear on the Website are registered brands and the property of STANMED. Any reproduction or imitation of these brands or logos using the content on the Website without the prior express consent of STANMED is prohibited and punishable under Article L. 713-2 of the French Intellectual Property Code.

Liability

Users expressly agree to use their best judgment when using the editorial content and bear all related risks, particularly when relying on the appropriateness, usefulness or completeness of this editorial content and agree to perform all appropriate checks under their responsibility.  
Incathlab takes all due care to create the Website’s editorial content. However, Incathlab does not guarantee the reliability of the information in the editorial content. As such, Incathlab may not be held liable for losses resulting from the User’s use of information in the editorial content for any reason whatsoever.
Incathlab is not responsible for hyperlinks to this website. In addition, hyperlinks to the url http://www.Incathlab.com are subject to the express prior consent of the Website Publisher. The hyperlinks on http://www.Incathlab.com link to third-party websites. Incathlab has no control over these websites and is not responsible for their content. The existence of these links does not mean that Incathlab approves the content of these websites. Incathlab is not responsible for the content of these websites and may not be held liable for referencing them. Incathlab will not provide any guarantee concerning:

• the accuracy, timeliness, quality, completeness and comprehensiveness of the content of indexed websites;
• the relevance and exhaustiveness of the indexed websites;
• website access and operating problems.

The user acknowledges that:

• The Services are to be used at their own risk and peril, particularly when downloading data, files or software that could damage their computer. In particular, Incathlab will not be liable for any loss of data, viruses, computer bugs or damage to the User’s computer;
• Incathlab does not guarantee that the information presented on the website will match the user’s expectations;
• Incathlab does not guarantee the quality and/or legality or compliance with the law of content not created by Incathlab, in particular content and opinions issued by the User or published on external websites accessed via hyperlinks;
• Incathlab may not be held liable for data disseminated by the User in violation of third-party private rights;
• Incathlab may not be held liable in the event of loss resulting from technical causes, in particular, the unavailability of its website and any defect affecting its operation;
• Incathlab may not be held liable for any decisions made based on information on this website or third-party use of it, and may not be held liable for the transmission of confidential information over the Internet.

Furthermore, the user agrees to hold Incathlab harmless from any recourse or legal action brought against it in any capacity or for any reason whatsoever, and more generally in the event of data or information entry, by any person who considers themselves injured by the posting of this data or information on the website and shall hold it harmless against any resulting legal and extra-judicial costs.

Acceptance of Internet risks

The user declares that he/she is familiar with the Internet, its characteristics and limits, and acknowledges that:

• the Internet is an open network which Incathlab does not control and that data exchanges over the Internet only have relative reliability, and are not protected against potential hacking or piracy risks;
• users therefore communicate sensitive information at their own risk and peril:
  They acknowledge the nature of the Internet and particularly its technical performance and response times for consulting, querying or transferring data,

Incathlab cannot guarantee that information exchanged will not be intercepted by third-parties and that the confidentiality of exchanges will be protected.
The secrecy of correspondence is not guaranteed on the Internet and each user is responsible for taking all appropriate measures to protect their own data and/or software from any viruses circulating on the Internet.
Incathlab may not be held liable for elements beyond its control and any damage to your technical environment caused by any user, including your computers, software, network equipment (modems, telephones, etc.) and any hardware used to access or use the service and/or information.
Incathlab informs the user that rules and conventions known as Netiquette, together with various codes of ethics apply when using the Internet.

Accessibility

Access to http://www.Incathlab.com is free. Website users must bear the costs of accessing and using the telecommunications network, according to the terms set by their Internet providers and telecommunications operators.
Incathlab will endeavour to ensure that information on this website is accurate and up to date and reserves the right to change the content or presentation of this website at any time without notice. However, it cannot guarantee comprehensiveness, or that modifications have not been made by a third party (hacking, viruses).
Incathlab will endeavour, whenever possible, to maintain its website accessible 24/7, but may interrupt access for maintenance and upgrades or any other technical reasons. Incathlab is in no way responsible for these interruptions and the impacts for the User.
Incathlab reserves the right to unilaterally deny any user access to any of the Incathlab website without prior notice, particularly in the event of clear violation of these Terms of Use.
The user acknowledges that Incathlab may not be held liable for any direct or indirect damage caused by the user being denied access to www.Incathlab.com.
Fraudulently accessing or remaining within a computer system, obstructing or interfering with the functioning of such a system, fraudulently introducing or modifying data in a computer system are offences punishable by criminal penalties.
Anyone wanting to purchase a product or solution presented on the website should contact Incathlab in order to inquire about contractual and pricing terms.

Website funding

Live streams or on-demand videos are funded with the support of partners listed on our partners page.
Incathlab does not use advertising on this website to fund its activities. Incathlab therefore does not accept or receive advertising revenue.

Content monitoring

Incathlab provides a service that enables Internet users to notify us of content that is illegal or violates these Terms of Use. They simply need to send their request via our contact page.
Incathlab and STANMED reserve the right to take all measures they deem necessary, including legal action, against offenders who use the website content for purposes which violate the Terms of Use and infringe the rights of Incathlab or STANMED.

Passwords

You are responsible for safeguarding the passwords assigned to you to access the services provided on Incathlab.
You are responsible for implementing the precautionary and security measures required to protect your username and password. Contact us immediately should you lose username and/or password, if they are stolen, or if you become aware that your username and password have been used by an unauthorised third party.
If this happens, we recommend:
• either replacing your username and password if there is a risk of them being used by a third party.
• or securely resetting your username and password. Please be advised that if you do not use the services provided by Incathlab for three years, your account, username and passwords will be deleted. Incathlab will not be held responsible for fraudulent use of your username and password by an unauthorised third party.

Cookie use

Users are informed that cookies may automatically be placed and temporarily stored in their computer memory or on their hard drive when they visit the website. Cookies are pieces of data that do not identify the user but are used to save information related to Internet browsing. Users of this website acknowledge that they have been informed of this practice and authorise Incathlab to use it. They can use the settings in their browser to block cookies.
Data obtained through cookies is used to track the number of new and regular users and analyse the pages they visit in order to better understand why and how our website is used. This allows Incathlab to improve the presentation of our website and adapt it to the needs of our users.

What are cookies?

Cookies are small files that websites store on the user’s hard drive. These files store specific information about the user’s previous visits to the website in question for up to 367 days. They are used to identify regular visits and facilitate website browsing and online purchases. Cookies memorise the user’s country and language preferences, and a randomly generated session ID. Sometimes cookies memorise name and address information so that customers do not need to enter the same information on different forms. They also store information so that users already registered on the website can log in automatically.
Only the cookie sender can read or modify the data they contain. There are different types of cookies:

• Session cookies are erased when you close your web browser or the website;
• Persistent cookies stay on your hard drive until they expire or until you delete them using your browser functions.

Some cookies require your consent. The first time you visit the Incathlab website, a cookie banner pops up and asks you to give consent to the use of cookies or other types of trackers. If you consent in accordance with the General Data Protection Regulation (GDPR), you can still change your mind at any time.
More specifically, we use the following types of cookies:

How to block cookies

There are several options for disabling cookies and other trackers.

Changing your browser settings

You can decide if you want cookies to be stored on your computer by changing the settings in your browser at any time, free of charge. Most browsers are configured by default and accept cookies. However, you can choose to accept all cookies or systematically block them, or accept certain cookies depending on the sender. You can also configure your browser settings to enable or block cookies on a cookie-by-cookie basis before they are stored on your computer. You can also regularly remove cookies from your computer via your browser. Remember to configure all the browsers on your various devices (tablets, smartphones, computers, etc.). When managing cookies and your preferences, each browser is configured differently. The help menu in your browser will tell you how to change your cookie preferences. For example:   for Internet Explorer™ or Edge™: http://windows.microsoft.com/en-EN/windows-vista/Block-or-allow-cookies; for Safari™: https://www.apple.com/legal/privacy/en-ww/cookies/; for Chrome™: http://support.google.com/chrome/answer/95647; for Firefox™: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox.  
Cookies are necessary for the Website to function properly. If your browser is configured to block all cookies, you may not be able to use some of our services, for which Incathlab Group may not be held responsible. To manage cookies in a way that suits your needs, we suggest that you configure your browser in a way that takes into account their purpose.

Opt-out browser add-ons

You can opt out of Google Analytics cookies by going directly to the following page: https://tools.google.com/dlpage/gaoptout?hl=. For more practical information on managing cookies we recommend the website of the French data protection agency (CNIL) and more specifically https://www.cnil.fr/fr/maitriser-mes-donnees. Incathlab does not process sensitive data, except where necessary “for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity” [Article 9 of the GDPR].

Personal Data and Privacy Protection: Confidentiality Policy

Foreword

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, also called the General Data Protection Regulation (GDPR), sets out the legal framework for processing personal data. The GDPR upholds the rights and obligations of controllers, processors, data subjects and recipients. We process personal data for the purposes of our business. To properly understand this policy:

• the “controller” is Incathlab;
• the “processor” is any physical person or legal entity who processes personal data on behalf of Incathlab;
• “data subjects” are customers and/or prospects of the services provided by Incathlab on its own behalf or for third parties;
• “services” are any event organised or sponsored by Incathlab, or which Incathlab contributes to; any service or product;
• an “event" is any face-to-face or virtual tradeshow, conference, convention, training workshop, seminar, webinar, etc.;
• “recipients” are physical persons or legal entities who receive personal data from Incathlab. The data recipients can be Incathlab employees or external organisations (third-party event organisers, partners, exhibitors, banking institutions, authorities, etc.).

Article 12 of the GDPR requires that data subjects be informed of their rights in a concise, transparent, intelligible and easily accessible form.

Purpose

The purpose of this policy is to meet Incathlab’s information obligation and formalise the rights and obligations of its customers and prospects regarding personal data processing for all of the services provided by Incathlab.

Scope

Incathlab makes every effort to ensure that data is processed according to clear internal governance. However, this policy only concerns processing for which Incathlab is responsible and therefore does not pertain to processing deployed or utilised outside Incathlab’s governance rules (stealth IT or shadow IT). Personal data processing can be managed directly by Incathlab or by a service provider specifically chosen by Incathlab. This policy is separate from any other documents which may apply between Incathlab and our customers and prospects.

Purpose of processing

Incathlab only processes the personal data of our customers and prospects collected by or for our services, or processed in connection with our services, in compliance with the general principles of the GDPR. Incathlab mainly processes your data to organise events and provide products and services. Data may be processed for the following purposes:

• To promote our events and associated events;
• Sales prospecting;
• Community management (users, members, customers);
• To create and manage personal spaces on websites and applications in connection with events;
• To manage event registration and participation;
• To manage applications for event participation funds;
• To manage contributions to the events programme;
• To manage access and tracking at event venues and in their dedicated spaces;
• To manage attendance and other certificates, invitation letters;
• To manage purchases or subscription to other products and services online;
• Legal declarations to the authorities in countries hosting events or in the home countries of event participants (as required);
• To improve services and satisfaction surveys;
• Statistics;
• To manage rights and claims;
• To manage requests to disenroll and unsubscribe;
• To manage payments and debt collection when necessary;
• To manage and meet user requests on our websites;
• To personalise our communication via our customer marketing programme in order to carry out marketing and promotional campaigns and gain a better understanding of your needs and wants;
• To adapt our products and services to better meet your needs;
• To personalise our sales offering;
• To inform you of our companies’ special offers and new services;
• To qualify our prospects and customer database, and segment customers based on web behaviour on our websites;
• To manage requests to unsubscribe from newsletters, promotions and satisfaction surveys;
• To manage the right to modify/rectify/erase data or process requests to unsubscribe.

This list is meant to be as exhaustive as possible. Customers and prospects will be informed of any new purpose, alteration or removal of existing processing by an amendment to this policy.

Basis for data processing

The processing purposes listed above are based on the following legal requirements:

Type of data collected

Non-technical data (depending on use)

• Identity (surname, first name, username, etc.)
• Contact information (email and/or postal address)
• Photo
• Career information (profession, position, specialty, etc.)
• Banking information, if necessary (e.g. for refunds)
• Video images (filmed conferences, CCTV footage)

Technical data (depending on use)

• Identification data (IP)
• Connection data (including logs)
• Click data
• Location data
• Tracking data (cookies on our websites, access to conference rooms)

Data sources
Our (primary or other) customer or prospect data is generally collected directly from our customers and prospects.

• data provided by the customer in files submitted to Incathlab (customer file);
• business cards;
• electronic sheets or forms filled out by the customer (attendance sheet, post-conference satisfaction survey);
• registration or enrolment for our online services (website, social media networks, etc.);
• registration for events organised by Incathlab;

Data can also be collected indirectly through third parties:

• via event organisers (membership, prospects, participants, website user listings, etc.)
• via Incathlab partners and suppliers involved in organising and hosting events;
• via the employers of data subjects;
• via sponsorship actions
• via companies specialised in selling or leasing databases;
• web session statistics via Google Analytics;
• lists communicated by organisers of events or conferences in which we participate;

In this case, Incathlab will ensure that third parties, organisations or legal entities comply with the GDPR and that data subjects are informed of our personal data protection policy.

Data recipients – authorisation & tracking

Data collected by Incathlab may be shared in whole or in part, depending on the purpose.
Internal recipients

• authorised staff from the marketing, communication, sales, customer service and prospecting departments, administrative departments, logistics and IT departments and their line management;
• authorised staff from departments responsible for internal control procedures.

The recipients of customer and prospect personal data at Incathlab are required to respect data confidentiality. Incathlab decides who can have access to what data based on an authorisation policy.
External recipients

• the event organiser;
• Incathlab’s subcontractors;
• Incathlab’s subsidiaries;
• event exhibitors and partners in some cases (e.g. authorisation to scan badges at stands or during a session);
• authorities in countries hosting conferences or in the home countries of participants, for legal purposes;
• agencies, officers of the court and judicial officers, particularly as part of their debt collection duties;
• authorised external staff responsible for internal control (e.g. statutory auditors).

Incathlab is not responsible for losses of any kind resulting from illegal access to personal data. Furthermore, personal data may be communicated to any authority legally entitled to receive it. In this case, Incathlab is not responsible for the conditions under which the employees of these authorities access and use the data.

Data storage period

Incathlab defines the data storage period based on applicable legal and contractual requirements or its needs, and based on the following principles:

After expiry of these set periods, data is either erased or stored once it has been anonymised, particularly for statistical purposes. Data may be stored in the event of pre-litigation and litigation. Customers and prospects are advised that data erasure or anonymization is irreversible and that Incathlab will not be able to restore this data.

Right of confirmation and right of access

Customers and prospects have the right to ask Incathlab for confirmation as to whether or not their data is processed. Customers and prospects also have a right of access, provided the following rules are followed:

• the request is issued by the person themselves, and is accompanied by a copy of a current piece of ID;
• the request is made in writing and sent to the following address: Incathlab – Data Management – , 15 Bd Grawitz 13016 Marseille, France or to the email address pdo@comnco.com

Customers and prospects have the right to ask Incathlab for a copy of their processed personal data. However, if an additional copy is requested, Incathlab may require that customers and prospects bear the financial cost. If customers and prospects request a copy of their data via email, the information requested will be provided in standard electronic format, unless requested otherwise. Customers and prospects are also informed that their right of access does not apply to confidential information or data, or data which the law prohibits from being communicated. The right of access must not be exercised abusively, meaning on a regular basis for the sole purpose of disturbing the department in question.

Updating and rectification

Incathlab meets update requests:

• automatically for online changes for fields which can be technically or legally updated;
• on written request of the data subject, with proof of identity.

Right to erasure

The right to erasure of customers and prospects does not apply if data is processed to comply with legal obligations. Apart from this, customers and prospects may request that their data be erased within the following restrictive cases:

• if personal data is no longer required for the purposes for which it was collected or otherwise processed;
• if the data subject withdraws consent to the original purpose for processing and there is no other justified reason for processing;
• if the data subject is opposed to Incathlab processing their data for legitimate purposes and there is no legitimate urgent reason for processing;
• if the data subject is opposed to their personal data being processed for prospecting and profiling purposes;
• if personal data was illegally processed.

In accordance with legislation on personal data protection, customers and prospects are advised that this is an individual right that can only be exercised by the data subject for their own data. For security reasons, the relevant department must therefore verify your identity to prevent your confidential information from being communicated to someone other than yourself.

Right to restriction

Customers and prospects are advised that this right is meant to be exercised if data is legally processed by Incathlab and if all the personal data collected is required for the performance of the sales agreement.

Right to data portability

Incathlab allows for data portability in the particular case of data communicated by the customers or prospects themselves, for online services provided by Incathlab itself and for purposes needing the sole consent of data subjects. In this case, data will be communicated in a standard structured machine-readable format.

Post-mortem right

Customers and prospects are advised that they have the right to give instructions on the storage, erasure and communication of their data after death. To exercise their rights and communicate specific post-mortem instructions, they must write to pdo@comnco.com or by post to Incathlab – Data Management, 15 Bd Grawitz, 13016 Marseille, France and include a signed copy of a piece of ID.

Optional or mandatory information

All forms used to collect personal data use asterisks to inform customers and prospects whether information is mandatory or optional. If answers are mandatory, Incathlab explains the consequences of not providing an answer to customers and prospects.

Right of use

Customers and prospects grant Incathlab the right to use and process their personal data for the purposes stated above. However, Incathlab maintains ownership of enriched data produced from Incathlab processing and analysis (usage analysis, statistics, etc.).

Subcontracting

Incathlab advises its customers and prospects that it may use any subcontractor of its choice to process their personal data. In this case, Incathlab will ensure that the subcontractor complies with its GDPR obligations. Incathlab will sign a written agreement with all its subcontractors and require that they comply with the same data protection obligations as Incathlab. Incathlab also reserves the right to audit its subcontractors in order to ensure that they comply with the GDPR.

Security

Incathlab is responsible for defining and implementing physical or logical security technical measures that it deems appropriate to prevent the unauthorised accidental or illegal destruction, loss, alteration or disclosure of data. These measures mainly include:

• data access control;
• use of an encryption protocol such as SSL for transferring data between user devices and the company’s servers.
• data hosting in data centres located in France with maximum security.
• access to infrastructure via VPN – only certain preselected people are authorised to create a tunnel
• Regular and systematic application of security patches on infrastructure components.

Incathlab may hire any third party of its choice to do this. If all or part of personal data processing is subcontracted, Incathlab will contractually require that its subcontractors provide security guarantees through technical data protection measures and suitable human resources.

Data breaches

In the event of a personal data breach, Incathlab will notify the CNIL as required by the GDPR. If the breach entails a high risk for customers and prospects, and their data was not protected, Incathlab will:

• notify the affected customers and prospects;
• communicate all necessary information and recommendations to the affected customers and prospects

Processing record

As the controller, Incathlab will keep an updated record of all processing activities. This record is a document or application detailing all processing carried out by Incathlab as the controller. At first request, Incathlab will provide the supervisory authority with information enabling the authority to verify that processing complies with IT regulations and civil liberties in force.

Right to submit a complaint to the CNIL

Customers and prospects whose personal data is processed are advised of their right to submit a complaint to the supervisory authority, which is the CNIL in France, if they feel that their personal data is not being processed in compliance with European regulations on data protection, by writing to the following address: CNIL – Service des plaintes 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, FRANCE Tel: +33(0)1 53 73 22 22

Changes

This policy may be changed or amended at any time in the event of changes to legislation, case law, CNIL decisions and recommendation or uses. Customers and prospects will be informed of any new versions of this policy by any means chosen by Incathlab, including electronically (e.g. via email or online).

Applicable law

These Terms of Use are governed by French Law.  Any disputes relating to the interpretation and performance of these terms will be brought before the competent French courts.

Information technology and civil liberties

In accordance with French Act no. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, you have the right to access and rectify your personal data. You may receive information about our business. If you do not wish to receive information, please contact us and include the name of your business, your name and address. You can also do this to stop receiving sales offers.

Find out more...

For more information, please contact pdo@comnco.com. For more general information on personal data protection, please consult the CNIL website at www.cnil.fr