Introduction
The purpose of these Terms of Use is to specify the conditions of use and navigation relating to this online service.
Access to this online service implies that the user has accepted these general terms of use without reservation.
The Labour Inspectorate Service reserves the right to amend these general terms of use at any time and without notice. Users are invited to consult these terms on a regular basis. These terms constitute the full set of agreements between the Princes Government and the user for this online service.
Any change or additional content introduced to the personal account will be subject to these terms.
Definition and purpose of the online service
1. This online service, which is implemented by the Labour Inspectorate Service, helps to simplify procedures for users who are requesting an exemption from the principle of Sunday rest.
2. In accordance with Article 46, of the Sovereign Ordinance no. 3.413 of 29 August 2011 concerning various measures pertaining to the relationship between the Government and its subjects, the introduction of this online service does not in any way replace the option for the user to make a request by post or by visiting the Labour Inspectorate Service in person
3. This online service also enables users:
- To contact the Labour Inspectorate Service by email
- To reply anonymously, if so wished, to a survey on using this online service
Ownership of the online service
4. This online service is the exclusive property of the State of Monaco (Labour Inspectorate Service)
Headquarter
Service de l’Inspection du Travail (Labour Inspectorate Service)
17 rue Princesse Florestine
MC 98000 Monaco
inspectiondutravail@gouv.mc
Phone : (+377) 98 98 87 26
Hosting
Information Technologies Department
23, Avenue Albert II
BP 699
MC 98014 MONACO CEDEX
Decision to create online service
Decision of H.E. the Minister of State, dated 1 October 2020 relating to the implementation, by the Interministerial Delegation for Digital Transition of the automated processing of personal information for the purpose of "How to request an exemption from the principle of Sunday rest", published in the Journal de Monaco on 09 October 2020
Access to online service and personal account
5. The use of this online service is optional. With the exception of any connection costs incurred, access to the content of this application is free. It is agreed that all access to the application is made available on a free or all-inclusive basis (Cable, ADSL, etc.) and therefore no refunds can be offered.
6. Use of the aforesaid online service shall be made following the authentication of the user via a personal account, which must be created if the user has no such account or if the user does not wish to use an existing account.
7. The Labour Inspectorate Service reserves the right, at any time, to change, and/or to temporarily or permanently suspend all or part of this online service, without notifying users in advance. The Labour Inspectorate Service incurs no liability as a result of such action.
8. The Labour Inspectorate Service reserves the right to remove, without warning or compensation of any kind, any access to the online service which constitutes unlawful use or an act which infringes human rights or more generally causes prejudice to the interests of third parties
Personal account
9. During the account creation process, the user selects a user name and a password which will enable them to authenticate their identity.
The user must retain their user name and password, which they will use to gain access to their personal account or to the online service(s) which use it.
10. Users must choose a password that cannot be guessed by a third party and meets the current security rules. These rules are available on the choose password screens. Users undertake to keep their password confidential.
11. The creation of a personal account requires the user to enter certain information, including their title, name, first name, postal adress and email adress
12. The user undertakes to advise the Digital Services Department hereinafter referred to as DSN, as the administrator of the personal account, of any unlawful use of this information immediately; the DSN cannot be held responsible for any damage which may be caused by the use of the user name and password by an unlawful third party.
13. The user must provide a valid email address when creating an account. This address is required and is used to confirm operations carried out by the user.
14. The DSN reserves the right to remove, without warning or compensation of any kind, any account which constitutes unlawful or fraudulent use or act which infringes human rights or more generally causes prejudice to the interests of third parties
Access to online service
15. By accepting the General Terms of Use, the user agrees that the information given in his or her account – title, last name, first name, postal address and email address - may be used in connection with this online service.
16. The user undertakes to advise the Labour Inspectorate Service, of any unlawful use of this information immediately; the Labour Inspectorate Service cannot be held responsible for any damage which may be caused by the use of the user name and password by an unlawful third party.
Technical constraints
17. Use of the service requires an Internet connection and browser. The browser must be configured to allow session cookies. It must also be configured to allow pop-ups for the teleservice.gouv.mc website. The site is optimised for viewing with a screen resolution of 1024x768 pixels. To ensure that the application works properly, use of the following browser versions is recommended:
- Chrome
- Other common browsers (Safari, Firefox, Edge, etc.) are believed to be compatible with the online service, but the Government cannot guarantee optimal rendering
Data retention
Personal account
18. Personal accounts which have not been used for more than 12 months will be automatically deleted. Users can also delete their accounts online at any time. In both cases, an email will warn the user that their account is being deleted.
The account deletion process allows all of a user’s personal data to be completely erased within 10 days.
Data used in this online service
19. An online service which have not been used for more than 48 months will be automatically deleted. Users can also delete this online service at any time. In both cases, an email will warn the user that their account is being deleted.
The account deletion process allows all of a user’s personal data to be completely erased within 10 days.
Login data
20. Certain login data is retained in order to prevent intrusion, and for the purposes of legal proceedings should the need arise. This data is retained for three months.
Undertaking regarding the use of the online service and its content
21. The user undertakes not to commit, on this online service, any unlawful act or toinfringe human rights or more generally to cause prejudice to third party interests.
These general terms of use prohibit any act which could tarnish the name and/or the image of the State of Monaco, or damage, overload, disable, discredit or compromise the online service.
In particular, the following are prohibited: the transmission by email or any other means of content whose purpose is to persecute, harass, defame, discriminate or abuse; or any other dissemination of information or opinion of a personal nature relating to one or more individuals, or infringing human rights, or causing harm to minors.
22. Correspondence must be courteous in nature at all times and comply with the basic rules of politeness.
Responsibility
23. The Labour Inspectorate Service gives no guarantee, implicit or explicit, regarding the operation and/or the content of the online service.
24. The Labour Inspectorate Service reserves the right to develop, modify or suspend the online service, without warning, for maintenance or any other reason it deems necessary.
Unavailability of the procedure does not entitle users to any compensation.
25. The Labour Inspectorate Service cannot be held
responsible for damage, direct or indirect, commercial or otherwise, which results from the use of the online service.
26. The Labour Inspectorate Service does not guarantee the continuity, accessibility or availability of the online service or related services.
27. The Labour Inspectorate Service accepts no responsibility for any viruses which may be imported during the process of downloading any of the elements of the application or from any sites which the Department may direct the user to via hypertext links.
28. These terms of use may also be amended at any time, without warning, in accordance with modifications made by the Labour Inspectorate Service, changes in legislation, or for any other reason deemed necessary. It is the responsibility of users to keep themselves informed of these terms. In accordance with Article 46 of the Sovereign Ordinance no. 3.413 of 29 August 2011 concerning various measures pertaining to the relationship between the Government and its subjects, alinea 2, the terms of use of the online service which are enforceable against the user are those which are accessible electronically on the day that the user uses the said online service
Protection of personal data
29. In accordance with the stipulations of Act no.1.165 of 23 December 1993 pertaining to the protection of personal data, amended, personal data gathered through this online service is collected by the Government of Monaco/ Department of Employment (hereinafter “the Government”), acting in its capacity as the data controller.
As part of this online service, personal information may be collected indirectly by the Department of Employment (eg: name / first name of the employees concerned by exemption). The company making the online request must ensure that it informs the people concerned of the communication of their information to this processing.
Purpose of processing data
30. As part of the operation of this online service, the Government processes personal data for the purpose of “Requesting an exemption from the principle of Sunday rest”. This makes it possible to:
- Process requests for requesting an exemption from the principle of Sunday rest
- Enable users requests to be dealt
- Ensure ease of login and navigation
Mandatory nature of information requested or gathered
31. Processing of data is part of the Government’s remit (Department of Employment/ Labour Inspectorate). It is justified on the following grounds:
- Consent of the individual concerned: before accessing the online service, each user is asked to acknowledge the general terms of use of the online service and to consent to processing of their personal data as part of the service by ticking a box
- Compliance with a legal obligation
- Pursuit of a legitimate interest on the part of the Government: justified by an intent to simplify administrative procedures for citizens by enabling them to submit their application using the online service without needing to travel anywhere or do anything else. This is in line with Sovereign Ordinance no. 3.413 of 29 August 2011 concerning various measures pertaining to the relationship between the Government and its subjects.
The personal data collected via this online service is mandatory (e.g. Company name) and is necessary, on the one hand, to use the application and, on the other hand, to be able to respond to any request or inquiry from the user. If the information marked as mandatory on the data collection forms (those fields marked with an *) is not provided, we will not be able to follow up your online request.
Identity of recipients
32. Personal data processed as part of the online service’s functionality is for the Government (Labour Inspectorate) and is never used for commercial or advertising communications. The Government undertakes not to communicate it to third parties, except in cases where this is required by law. Any personal data collected will be communicated only to authorised Government staff.
Rights of access and rectification
33. In accordance with Article 14 of Act No. 1.165 of 23 December 1993 on the protection of personal information, the persons concerned by this processing have a right of access to and opposition to the personal information concerning them, as well as the right to request that inaccurate, incomplete or outdated data be rectified, updated or deleted.
The persons concerned may not exercise their right to object to the personal information used by the Labour Inspectorate Service and that are necessary to its legally assigned missions.
The user is also informed that he/she may withdraw his/her consent at any time for the various functionalities offered by the teleservice by exercising his/her rights, as specified above.
34. To exercise their rights or in the event of any questions about how personal data is processed in connection with the online service to request an exemption from the principle of Sunday rest, users may make a written request, stating the subject of the request and including their full name and date of birth:
- By post, at the following address:
Service de l’Inspection du Travail (Labour Inspectorate Service)
17, rue Princesse Florestine
MC 98000 Monaco
- By phone: (+377) 98 98 87 26
- By emailing, at the following email address: inspectiondutravail@gouv.mc
Users may also submit a request to the Government.
To ensure that the response remains confidential and that we are replying only to the person whose data is involved, those submitting requests may be asked to provide proof of their identity, in black and white.
Individuals who have exercised their rights but feel, after contacting the Government, that their rights have not been respected, can submit a complaint to the Data Protection Authority of Monaco (Commission de Contrôle des Informations Nominatives - CCIN): www.ccin.mc.
Security of applications
35. The State of Monaco takes the appropriate physical, technical and administrative measures to ensure the security and confidentiality of personal data, particularly in order to protect such information from loss, accidental destruction, alteration or unlawful access.
Approval from the Data Protection Authority of Monaco
36. This online service has been favourably received by the Data Protection Authority of Monaco, by Deliberation no. 2020-133 of 16 September 2020 relating to the implementation of the automated processing of personal information for the purpose of "How to request an exemption from the principle of Sunday rest" by the Labour Inspectorate, presented by the Minister of State and published in the Journal de Monaco on 09 October 2020
Copyright
37. All content – text, comments, titles, photographs, audio, images, data, drawings, animations with sound, video... reproduced in this online service, as well as the design, form and software are the property of the State of Monaco and are protected by existing legislation on copyright and on intangible rights more generally, in particular the provisions of the Act no. 491 of 24 November 1948 concerning the protection of literature and works of art.
38. Electronic copying only, for private use, of all or part of the online service or its elements, is authorised by The Labour Inspectorate Service, subject to no modifications being made to the original.
39. The Labour Inspectorate Service grants users of its online service the right to personal, specific and non-exclusive use of the online service. Reproduction, copying or use for any purpose other than those described above, and in particular the modification, dissemination or use for commercial or non-commercial purposes, constitutes a criminal offence punished by the Monaco Courts and Tribunals under Articles 21 to 28 of the Act no. 491 of 24 November 1948 concerning the protection of literature and works of art and article 26 of Criminal Code.
Trademarks
40. The Trademarks and/or logos belonging to the State of Monaco which appear within this online service are protected by the provisions of the law on intellectual property under the Act no. 1.058 of 10 June 1983 concerning trademarks, brand names or service marks. Any reproduction, in full or in part, without the authorisation of the owner, constitutes an offence punished by the Monaco Courts and Tribunals under Article 23 of the Act no. 1.058 of 10 June 1983 concerning trademarks, brand names or service marks and article 26 of Criminal Code.
Hypertext links
41. The creation of links to the online service is unrestricted. The Labour Inspectorate Service reserves the right to forbid any links whose purpose affects the smooth running or image of the service or the Administration. The online service may provide the user, and third parties, with links to other web sites or other Internet sources.
42. The Labour Inspectorate Service does not monitor these sites and cannot be held responsible, or take any responsibility for the content, advertising, products, services or any other material available on such third-party web sites.
43. The Labour Inspectorate Service cannot be held responsible for any damage or losses, whether actual or alleged, resulting from or connected with such use or from users placing their trust in the content of third-party web sites or in goods and services available on these third-party websites.
44. Under Articles 29 to 32 of the Act n°1.383 dated 02 August 2011 on Digital Economy, the user is responsible and bears all risks associated with using the content of the web site, particularly when relying upon the appropriateness, usefulness or completeness of such content. If a link leads the user to illicit content, in violation of the legislation in force, the user must cease viewing the site in question.
45. The Labour Inspectorate Service invites the user, in such a case, to inform it immediately, and to inform the competent authorities of any link to an illicit site.
Forwarding information
46. Any change in the status or circumstances of the user must be communicated and justified to the Labour Inspectorate Service by the user.
False declaration
47. The user solemnly declares that he/she is fully aware of the sanctions provided for in Article 98 of the Monaco Criminal Code in the event of a false declaration. These include a period of imprisonment of between three months and one year, and the fine laid down in point 2 of Article 26, or one or the other of these two penalties.
Legislation
- Articles 98, of the Monaco Criminal Code
- Act n°1.383 dated 02 August 2011 on Digital Economy
- Act no. 1.058 of 10 June 1983 concerning trademarks, brand names or service marks
- Act no. 1.165 of 23 December 1993 on personal data protection
- Act no. 491 of 24 November 1948 concerning the protection of literature and works of art
- Sovereign Ordinance no. 3.413 of 29 August 2011 concerning various measures pertaining to the relationship between the Government and its subjects
- Sovereign Ordinance no. 7.995 of 12 March 2020 establishing the Digital Services Department
- Sovereign Ordinance no. 7.996 of 12 March 2020 establishing the Information Technologies Department