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Yarea is Software as a Service (SaaS). In exchange for paying a subscription (excluding the trial period), the customer has access to the functions of Yarea, within the limits of the level of his subscription.
Limitations to free use apply: in particular the total number of users cannot exceed 250, total storage used cannot exceed 5Gb. Beyond, payment of a fixed price may be requested, or access to Yarea services may be interrupted.
Yarea Subscription Agreement, Terms of Use and Data Processing Terms
Version 1.2.8 - July 31, 2019 - Last updated on November 10, 2020
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY, THESE TERMS AND CONDITIONS FOR SUBSCRIPTION, USE AND PROCESSING OF DATA BEFORE USING YAREA APPLICATIONS, SOFTWARE AND SERVICES. THIS IS A CONTRACT BETWEEN YOU (AND/ ORTHE LEGAL ENTITY THAT YOU REPRESENT) AND ALGOVERSO (SAS WITH VARIABLE CAPITAL), EVEN IF THIS CONTRACT HAS AN EMATERIALIZED FORM.
PREAMBLE
Any use of the Yarea service is subject to the acceptance of the General Conditions of Use, to the payment of a subscription, to the approval of the General Conditions of Subscription and the signature of the relative Special Conditions (in particular, conditions of treatment of personal data, Terms of Use of the API) and in compliance with all contractual stipulations that the user and customer has accepted in the context of the subscription to the service.
Thus, to the extent that the subscription is made by a legal person represented by a natural person, the said representative must have the legal capacity to bind the legal person. Accordingly, the natural person – subscriber – certifies to be the legal representative of the legal person or to intervene in the context of the present conditions as the delegate duly appointed by a delegation of authority by the legal representative of the legal person.
Furthermore, any natural person wishing to subscribe to the Service certifies and guarantees that he or she has the legal capacity (and in particular, that he or she is at least 18 years old) to subscribe to the Subscription.
ABSTRACT
An application designed for the creation of web portals
The Yarea service is a SaaS application that allows for the creation of client interfaces. In particular, by installing modules, integrations and customizations.
"Easily create your own Portal"
More details about the services offered by the Yarea application are available in article 2 of the Terms of Use.
A service accessible after subscription
Excluding any trial period or demonstration, the Yarea application is accessible after a valid subscription to a subscription plan. The subscriber, depending on his level of subscription, has access to application modules and services.
The different pricing conditions are listed in the price list found on the website https://www.yarea.io.
Security and data security
The connection to Yarea is secured by SSL certificate, so all data exchanged with the server is encrypted.
All passwords or personal data in the databases are encrypted. No password or sensitive or special data is kept raw.
Regular backup of databases and files are scheduled and organized on a separate server that is itself secured via SSL. The Yarea service is a service reserved exclusively for professionals to assist them in the daily management of their professional activity.
BY TICKING THE BOX INDICATING YOUR ACCEPTANCE OF THESE CONDITIONS, INCLUDING THE LICENSE AGREEMENT, TERMS AND CONDITIONS OF SUBSCRIPTION, USE AND PROCESSING OF DATA, OR BY ACCESSING OR USING YAREA SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS AND OPINIONS CONTAINED OR REFERENCED IN THESE CONDITIONS AND APPENDICES THERETO.
IF YOU ARE NOT LEGALLY AUTHORIZED TO BIND THE CUSTOMER, DO NOT AGREE TO THESE CONDITIONS, AND IF YOU DO NOT AGREE WITH THEM, DO NOT USE YAREA SERVICES.
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LEGAL NOTICES
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The publisher of Yarea
The YAREA service (https://www.yarea.io) is the exclusive property of Algoverso, a simplified joint-stock company ("SAS") with a variable capital of at least 100 euros, registered with the Créteil RCS under the number 841 979 412 and whose registered office is located at 7 rue de l'abbé Guilleminault 94130 Nogent sur Marne, represented by its current President, Eleonore LHEMERY.
Email address: contact@yarea.io
Director of the publication: Eléonore LHEMERY, President of Algoverso (SAS with variable capital).
Hosting services:
The Yarea site https://www.yarea.io, application and platform, as well as its services are hosted by Hetzner Online GmbH (https://www.hetzner.com), headquartered at Industriestr. 25, 91710 Gunzenhausen, Germany
Ansbach Registry Office, HRB 6089
VAT Reg. N ° DE 812871812
CEO: Martin Hetzner, Stephan Konvickova, Günther Müller
Intellectual property
The Yarea trademark is a registered trademark of which Algoverso (SAS with variable capital) holds the operating rights. Any total or partial reproduction of this trademark without the express authorization of the company Algoverso (SAS with variable capital) is prohibited, within the meaning of articles L.713-2 following the intellectual property code.
Personal data / Right of access:
In accordance with the provisions of articles 38 and the amended Data Protection Act modified (last modification on June 22, 2018), all persons whose personal data have been transmitted to Algoverso within the framework of a subscription, test or as part of a marketing campaign have the right to oppose, access, delete and rectify the data concerning them. Anyone wishing to exercise the aforementioned rights is required to send his request to Algoverso at the address contact@yarea.io or by mail to the following address: 7 rue de l'abbé Guilleminault, 94130 Nogent sur Marne, France, accompanied by a copy of a signed identity document.
Note: the persons concerned (in the sense of the GDPR) have the right to lodge a complaint with the Commission française Nationale de l’Informatique et des Libertés (Postal address: 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07) .
For all stipulations relating to the processing of personal data, reference shall be made to the stipulations of Articles 12 and 9 of the General Conditions of Subscription and the General Conditions of Use and Conditions of Processing of Personal Data.
Indeed, in the interests of transparency with regard to its subscribers and users, Algoverso has established Data Processing Conditions to inform its users of the formalities and procedures put in place in the context of processing personal data.
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GENERAL CONDITIONS OF SUBSCRIPTION TO THE YAREA SERVICE
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The YAREA service (https://www.yarea.io) is the exclusive property of Algoverso, a simplified joint-stock company ("SAS") with variable capital of a minimum of 100 euros, registered at the Créteil RCS under number 841 979 412 and whose registered office is located at 7 rue de l'abbé Guilleminault 94130 Nogent sur Marne, represented by its current President, Eleonore LHEMERY. Algoverso has developed an application distributed as a SaaS product (software made available online as a service) called Yarea to allow companies and professionals to create user portals and interfaces with their customers, partners, and collaborators.
Article 1 - Definitions
"Yarea" / "The Application": refers to the application proposed by Algoverso and made available to its customers as a Software as a Service product (SaaS – Software as a Service).
"Terms of Use" or "TOS": means all conditions applicable to the use of the application accepted by users and subscribers in connection with the use of Yarea.
"Subscriber" / "Licensee" means the natural and / or legal persons holding a Yarea account who use the Yarea service offered by Algoverso (SAS with variable capital) in the course of their professional activity and who assume responsibility for the payment of the Subscription – it being specified that the natural persons involved in the management of the Subscriber Account are called the Users.
"User": means any natural person who uses Yarea as a representative, servant or collaborator of the Subscriber.
"Brought Subscriber" means a Subscriber brought by another Subscriber following a "Sponsorship" or "Affiliate Link" transaction
"Services" means the access to all the services offered to the Subscribers in return for the payment of the Subscription price according to the Subscription plan chosen.
"Subscriber Space" means the interface accessible exclusively to the Subscriber and to the Users of the Services allowing him to access all the data and documents hosted on the Application and to use the Services subscribed to according to the chosen Subscription Form.
"Subscription" means the flat fee paid monthly or annually by the Subscriber for the use of the Services.
"Subscription Level" means the specific conditions of access for the Subscriber and users to the Services in exchange for the payment of a fee, the Subscription, for a period defined when subscribing to the Services through a subscription form.
"Subscription Form" means the online form completed by the Subscriber when subscribing to the Subscription and under which the Subscriber designates the Subscription Form chosen – the valid Subscription Form constitutes the special conditions of the Subscription Agreement.
"Subscription Terms" means the present terms and, in particular, the terms and conditions subject to the express acceptance of the Subscriber of which Algoverso (SAS with variable capital) grants a right to use its Services, according to the subscription plan, in consideration of the payment of a fee, the Subscription – being specified that for each Subscriber, the Subscription Form detailing the Services provided by Algoverso within the framework of the chosen Subscription plan constitutes the Conditions and Special Subscription Supplements that are not contradictory to these.
"Customer Portal" means the portal is made available to the Client's users – allowing the Subscriber to offer his clients access to a space reserved for them.
"Subscriber's Client", "Portal User", or "Subscriber's End User" means the subscriber's customer who will be required to log in to the Customer Portal.
"Subscriber Account " means: the interface reserved for the Subscriber to enable him to access the invoices issued by Algoverso as part of the Subscription, modify his login credentials, control the access of the User Accounts to the Services, select and modify his Subscription Form and the credentials of his account.
"User Account " means the space opened by the Subscriber for one of his clients, users, agents, partners, service providers or subordinates so that he may access the Services under the responsibility of the Subscriber via the login details that he receives and his personal password.
Article 2 - Purpose - License Granted
Algoverso provides Subscribers with a distributed SaaS application called "Yarea" for the purpose of enabling them to create and operate a User Portal, within the limits stipulated herein.
In the context of these conditions, the company Algoverso grants to the Licensee a right of use of its Yarea Application in the terms and conditions defined herein and subject to the acceptance of the Terms of Use and compliance with the IT charter, which are integral parts of CGAs and in consideration of the payment of the price as defined in Article 7.
Article 3 - Duration
3.1 Unless there is specific mention or proposal or there is a specific appendix, Algoverso offers its Customers different subscription plans with different billing cycles: monthly or annually.
In any case, the contract is concluded for a period which will be renewed by tacit agreement for a period of equal duration, unless terminated by one or other parties before the end of the Subscription. If necessary, the termination of this contract will be sent by the Subscriber via his Account (Settings tab> Subscription Section, "Cancel my subscription" button) or by email when the information emanates from Algoverso.
The notification of the will of Algoverso not to carry out the tacit renewal of the contract must be sent – under the conditions above – at least 10 days before arrival at the end of the Subscription.
3.2 The actual effective date of the subscription is fixed at the creation of login credentials.
3.3 The Subscriber may terminate his Subscription to the terms referred to above in Article 3.1 and according to the Subscription Form chosen via his "Yarea" Account subject to respecting the deadlines defined in article 3.1 above and normal processing times resulting from possible technical constraints. In this case, the Subscriber is informed that his / her access to the Application will be suspended at the end of the valid subscription period.
The Subscriber will nevertheless have the option to request the return of his data hosted by Algoverso as part of the subscription to the present via a data export function, in particular with a view to integrating them into any other solution chosen by him in the Terms and Conditions defined in Article 9 below. If the Subscriber does not show that he or she wishes to benefit from the return of their data, the latter will be archived for a period of one year and then removed from the servers of Algoverso.
Article 4 - Access to Yarea Services
Access to the Services implies the subscription to a Yarea subscription in the terms and conditions hereof as well as the acceptance of these CGAs and TOS.
a) Subscriber Account
The Subscriber must proceed with the creation of his account as follows:
- The Subscriber: At the time of subscription to the yarea.io Site or any other page directly from Algoverso / Yarea ;
- The brought subscriber: from the single link sent by a Subscriber ;
Named together, these are "Subscribers".
It will then be up to the Subscriber to create his Subscriber Account by completing the form provided for this purpose – it being specified that the Subscriber undertakes to provide accurate, truthful and up-to-date information at the time of the creation of his Account.
At the moment of the creation of his Account, the Subscriber will have to determine his login password to the Application and his login.
It will be up to the Subscriber to create his login password to the Site and his login in order to access the Yarea online application.
b) User Account In
With view to the specificity of the Services, the Subscriber will be invited to invite / create the User Accounts for his / her employees and agents. In this case, it will be up to the User to personally define his login password. It is specified that the number of Users allowed to use the Services per Subscriber is limited according to the Subscription Form chosen by the Subscriber.
The password is personal and confidential. In this regard, the Subscriber acknowledges having full responsibility for the preservation of its confidentiality and its use and guarantees to have informed the Users who have access to the Application on its behalf and on its behalf.
In this regard, the Subscriber undertakes to respect and to enforce the recommendation n ° 2017-012 of January 19, 2017 by his agents and collaborators, adopting a recommendation on passwords modified by Délibération n ° 2017-190 of June 22, 2017 amending the recommendation on passwords and acknowledges in particular that:
- the password must never be communicated to the User in the clear, including by email.
- the password length must be at least 12 characters; and
the password must include uppercase, lowercase letters, numbers, and special characters.
- the password must never be stored in the clear. It is recommended that it be transformed by means of a non-reversible and secure cryptographic function (that is to say, using a public algorithm deemed strong, whose software implementation is free of known vulnerability), integrating the use of a salt or a key.
The User and / or Subscriber is prohibited from providing information that is erroneous and / or prejudicial to the rights of others when creating his Account. In the event that Algoverso (SAS with variable capital) is aware of the existence of erroneous information or information that infringes on the rights of third parties, it reserves the right to suspend or refuse the creation of an Account.
The Subscriber is solely responsible for controlling access to the Application by the Users that he has authorized to use the Application. As such, it will be up to the Subscriber to delete or modify the User Accounts and their accesses with regard to the authorizations granted to its Users.
c) Creation of the Customer Account
As part of its offer, within the limits of the subscription formula chosen, Algoverso offers its Subscribers to open access to the Application to their Clients / Portal Users so that they can access a space specifically set up for them. As such, and exclusively for this purpose, the Client / User of the subscriber's portal will benefit from access to the Site. In this case, the Customer will be invited to identify himself and create his Space by sending an email to the Subscriber (via the Platform).
The Client / User of the portal will then be asked to create his Account and to define his password and login to the Site, which will allow him to access the Portal set up by the Subscriber.
Access to this "Portal" service area is possible for the duration of the Subscription subscribed by the Subscriber and subject to the acceptance of the TOS.
It is specified that it will be up to the Subscriber to manage the authorizations and access of his / her Customers / Users of the portal in order to limit the data to which they will have access to via the Application. This can be done via Yarea Settings "Settings Tab", Permissions section.
In any case, it should be remembered that the Subscriber is responsible for the processing performed on the Application within the meaning of Article 24 of the General Regulations on the Protection of Personal Data and that he is subject to the obligations contained therein. Attached under the provisions of Article 25 and following of the General Rules on the Protection of Personal Data, Algoverso can not, under any circumstances, assume this responsibility on behalf of the Subscriber.
Article 5 - Services and Licensing
Subject to compliance with these General Terms and Conditions and the Subscriber's current Subscription Form, Algoverso hereby grants to its Subscribers and Users invited by them, a right for the whole world, no assignable, non-exclusive, to access and use the Services. This right may not be sublicensed.
As part of the development of its Application, Algoverso will improve, diversify and modify the Services it provides to subscribers.
The Subscriber therefore acknowledges that the form and nature of the Services provided by Algoverso are subject to change, subject to reasonable notice and a guarantee of non-functional regression or performance.
The Application is accessible through the Internet 24 hours a day, 7 days a week, except in cases of force majeure, subject to the scheduled maintenance interventions necessary to ensure the proper functioning of the Service. These do not give rise to any compensation.
Algoverso undertakes to implement all the means required to ensure a good quality of access to the Application and the Services.
The Subscriber declares to know and accept the characteristics and the limits of the transmission of information by the internet, as well as the costs specific to the connection to this network. It is his responsibility, in particular, to ensure that:
- the technical characteristics of the equipment that it uses, as well as the network speed of the internet connection, comply with the technical prerequisites in force at the time of subscription and described in the GCU, known and accepted by the Customer.
- that the software he uses allows him access to the Application in good conditions in accordance with the recommendations described in the Terms of Use.
- take all appropriate measures to be protected from contamination by possible malicious programs.
The Subscriber is entitled to provide Intervenors with access to his Subscriber Account. He acknowledges, as such, that he is responsible for the Intervenors to whom he would have authorized access to the Services.
Article 6 - Right of Withdrawal (Case of a Particular Subscriber)
6.1 In accordance with the provisions of Article L.221-18 of the French Consumer Code, the Subscriber has a period of fourteen days from the Subscription to exercise his right of withdrawal from a contract concluded with distance, following a solicitation telephone or off-premises, without having to justify his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25 of said Code.
Nevertheless, it follows from the provisions of Article L. 221-8 of the Consumer Code that in view of the purpose of the service (supply of digital content not provided on a physical medium), the Subscriber has the option to waive the right of withdrawal by checking the box provided for this purpose on the subscription form.
6.2 In the event that the Subscriber wishes to benefit from his right of withdrawal during the 14-day period, he acknowledges that the Service can only be provided to him on the 15th day following the subscription and acceptance of these GTCs.
The Subscriber wishing to use his right of withdrawal must complete the unsubscribe form via his Yarea space, in the Settings tab, Subscription, "Cancel my subscription".
Article 7 - Subscription Price
7.1 Subscription Form
The potential subscribers are informed on the Site of the different Subscription Forms proposed by Algoverso, as well as conditions of duration of the commitment according to the chosen Plan, and services provided.
The Subscription Form is subscribed to for the period specified in the subscription form – which constitutes the special conditions of Subscription - and is automatically renewable for periods of equal duration, unless the Subscriber terminates it via his Account in conditions defined in Article 3 above.
7.2 Subscription Subscription and Validation
After consulting the various Subscription Plans on the Site, the Subscriber has the option to subscribe to the Subscription of his choice by clicking on the button provided for this purpose ("Subscribe" / "Register").
The Subscriber is invited to complete the Subscription Form with the data relating to his identity or that of the legal person he represents – it being specified that Yarea is primarily intended for professionals – as well as his contact details, in particular:
- Natural person:
o Name;
o First name;
o Occupation;
o Email;
o Phone number.
- Legal person: Corporate name
o / Sign;
o SIREN / SIRET number;
o Identity of legal representative or delegate;
o Quality of the natural person;
o Email;
o Telephone number;
Then, it is up to the Subscriber to choose:
- The duration of his engagement;
- The subscription plan chosen;
- The method of payment of the Subscription;
- His password.
When subscribing to the Subscription via the subscription form, the Subscriber’s "Natural Person" is informed of his right to exercise his right of withdrawal and his right to waive by completing the form made available on the Site.
After having made his choices regarding the duration, the formula and the method of payment, the Subscriber is invited to validate his choices by clicking on the button to validate.
A summary of the conditions of the Subscription is then presented to the Subscriber to allow him to modify, delete and confirm the choice of his Subscription.
Any confirmation of the Subscription order will be subject to the express prior approval of these CGAs, T&Cs and Conditions of Data Processing.
7.3 In order to validate the subscription, the Subscriber is required to communicate the information relating to the payment of the Subscription. In this context, the method of payment of the Subscription proposed by Algoverso is as follows:
- online payment via the Stripe® provider allowing payment by credit card, and the establishment of recurring payment schedules;
After validation of the rules and its terms, an email validation of the effective date of the Subscription will be sent to the Subscriber.
A second email containing the link will be sent to the email address entered via the Subscription Form.
7.4 The access to Yarea and the license to use the Platform for the period defined in article 2 and under the conditions defined in these CGAs, are granted in return for the payment by the Subscriber of a periodic fee whose amount is determined by the pricing conditions according to the Subscription Form chosen and accepted by the Subscriber via the Subscription Form.
In this regard, it is specified that by subscribing to the Subscription, the Subscriber acknowledges having known of the different Subscription Forms proposed by Algoverso and having made his choice in view of the proposed tariff conditions, the duration of the Subscription subscribed to, and services offered under each of the Plans.
The Subscriber's consent is free, informed and without any dispute.
Access to the Services and the use of the platform is a right granted exclusively under the conditions determined by the Subscribed Subscription Form, in particular, for the number of Users, the functionalities, the assistance and the storage space defined by the Subscribed Form that determines the characteristics of access to the Services.
7.5 In the event that the Subscription is renewed by tacit agreement in accordance with the provisions of Article 3 above, the rates and conditions applied will be identical to those applicable at the time of renewal. If the tariff conditions are noted during the previous period, the Subscriber is informed in advance by email.
Notwithstanding the foregoing, Algoverso reserves the right to modify its pricing conditions, in particular due to the modification of its Subscription and Additional service plans. In the case of a rate increase, Algoverso will inform the Subscriber within fifteen (15) days before the expiry date of the Subscription.
7.6 In the event that the Subscriber has opted for payment by Credit Card, he can update, immediately from his Yarea space, in the Settings on the Subscription tab, his method of payment (especially in case of opposition by means of previous payment, or expiration, or modification of bank account, for example).
Any issue that makes it impossible for Algoverso to be paid the subscription price due to the rejection of a debit request or payment by credit card (for insufficient credit, including incorrect bank details) will terminate the subscription after two attempts. The Subscription Rules constitute an essential and decisive condition of this contract.
7.7 The online provision of the Subscriber's bank details and the final validation of the Subscription will be proof of the Subscriber's agreement and will be worth:
- payment of amounts due under the chosen Subscription Form;
- signature and express acceptance of all the operations carried out.
In case of fraudulent use of his bank details, the Subscriber is invited, as soon as the use is found, to contact the company Algoverso by phone, by email at: contact@yarea.io or instantaneous chat online.
7.8 The computerized records kept in the provider's computer systems under reasonable security conditions shall be considered as proof of communications, orders and payments between the parties. The archiving of the Subscription Form valid for Subscription Conditions and invoices is made on a reliable and durable medium that can be produced as proof. In this regard, it is specified that the data relating to bank cards are not transmitted to Algoverso and that the providers responsible for the terms of payment of the Subscription are subject to data retention obligations that in no way allow anyone to gain knowledge of said bank data (encryption method).
The Subscriber acknowledges that the bank in charge of the payment management or any other provider intervening for the purpose of providing dematerialized payment methods, may retain the data relating to bank cards for archiving purposes, for purposes of proof in case of possible dispute of the transaction. Where appropriate, the data will be stored by a secure process (encryption) to protect them from disclosure.
"Encryption" means the use of a cryptographic method making the comprehension / reading of a document and / or data impossible for anyone who does not have the (de) encryption key.
"Cryptography" means a discipline that includes the principles, means and methods of data transformation, in order to hide their content, to prevent their modification from going unnoticed and / or to prevent their unauthorized use.
7.9 Term Payment
The Subscription is payable in full monthly and in the conditions specific to the Subscription Form chosen by the Subscriber. Each monthly payment is payable in one instalment upon completion.
In accordance with Article L.441-6 of the French Commercial Code, any sum not paid within 30 days may be increased by three times the legal interest rate (this rate is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points) and the amount of the lump sum indemnity for recovery costs due to the creditor, the amount of which is fixed by decree.
Algoverso may suspend access to the Services if the outstanding amounts exceed ten (10) days. Without prejudice to any amount due, including the payment of royalties until the end of the term subscribed, Algoverso may also immediately terminate this Agreement in the event of non-compliance with these Terms, the Terms and Conditions of Data Processing, and, in particular, if the outstanding payments exceed a period of ten (10) days.
7.10 Algoverso reserves the right to discontinue or modify any coupon, credit and special promotional offer at its sole discretion.
In the case of a Monthly Subscription, the Subscriber is able to modulate the subscribed Subscription Form before the expiration of the monthly deadline for the following month. Nevertheless, the Subscriber who has subscribed to an Annual Formula may only change the Formula initially selected in order to obtain additional services (type of license, number of licenses, duration of commitment) during the Subscription period. If applicable, invoicing will be done pro rata temporis of the new Subscription Formula.
7.11 Billing
The Subscriber may access the invoices issued by Algoverso as part of the Subscription at any time, via his Subscriber Account on Yarea, in the Settings tab "Subscription".
7.12 Concerning the Value Added Tax:
In case of sale to an individual:
In case of sale to a professional:
7.13 In case of a change in subscription level during a current subscription period:
If the Subscriber wants to change the subscription plan for a higher version (higher cost), the modification is made and the price is paid in proportion to the remaining period.
If the Subscriber wants to change the subscription plan for a lower version (lower cost), the modification is made at the end of the current period.
The change in plan level does not affect the duration of the subscription period.
Article 8 - Termination
8.1 This contract is for a fixed term period. Consequently, and in accordance with the provisions of Article 1212 of the Civil Code, each party must execute it to completion. Accordingly, any early termination of will not give rise to any refund of royalties paid in advance, nor to any compensation.
8.2 Notwithstanding the foregoing, in the event of a breach by either party of its contractual obligations as referred to herein, the Terms and Conditions and the Data Processing Conditions, this Subscription Agreement may be terminated by the other party after formal notice to execute said obligations sent by registered letter with acknowledgement of receipt that has remaineded unsuccessful after a period of 30 days from the receipt thereof and without prejudice to possible damage and interests pronounced by the competent court.
8.3 Unless otherwise agreed in writing with Algoverso, the total amount of royalties due for the duration of the subscription subscribed to remains definitively acquired and / or due, even in the event of termination of the Subscription for any reason whatsoever.
8.4 In the event of termination of these terms or at the end of the non-renewed Subscription period, the Subscriber will no longer have access to the Services. It is his responsibility, therefore, to make arrangements to make backup copies of data and documents stored and hosted by Algoverso under this contract.
8.5 Nevertheless, Algoverso allows the reversibility of the services object of this contract and the restitution of the Data hosted in the Application in order to allow the Subscriber to take back or have the Data taken by any third party for integration into any other chosen solution by the Subscriber, under the conditions defined below in Article 9.
Article 9 - Reversibility
Algoverso allows the return of any document, data, file and information that the Subscriber has placed in Yarea as part of the execution of this Agreement, via a Data Export feature.
It is up to the subscriber to perform these manipulations via his Yarea space.
So, the Subscriber may (before the arrival at the end of the subscription not renewed):
Algoverso provides technical assistance from the Client or the designated service provider, including the transfer of know-how and skills necessary for the resumption of the activity.
At the end of the reversibility benefit, and at the end of a non-renewed Subscription, within the framework of these terms and conditions of data processing, Algoverso will delete all the Data and Documents previously hosted by it in the context of these presents.
Article 10 - Force Majeure
The present contract will be terminated and without compensation of any kind, of right in all the cases recognized as absolute necessity after a period of 60 consecutive days during which the execution of the present ones will have been suspended because of the occurrence of a case of force majeure.
If necessary, the party wishing to allege a case of force majeure for the purposes of termination of the contract undertakes to inform the other party by registered letter with acknowledgement of receipt and to justify the reality of the occurrence of the case of force majeure. Force majeure is constituted by any event bearing the characteristics of externality, irresistibility and unpredictability recognized by the case law of the French Court of Appeal and Cassation, and which would prevent one or both parties from executing all or part of the commitments contained herein in excess of 60 days.
Events that will be considered as force majeure include: war, revolution, flood, national mourning, general strike, riot, epidemic, labor disputes or any other case with the characteristics of force majeure and / or requiring the closure of the company.
The effective date of termination will be the date of receipt of the registered letter.
Article 11 - Assistance, maintenance, backup
Yarea is subject to regular changes to improve, enrich one or more features of the Services, as well as the graphical interface and access to the various functions offered as part of the Subscription.
The Subscriber acknowledges and agrees that maintenance operations may result in temporary suspension of Services and access to the Application. This suspension will be made as far as possible between 22H and 7H on working days and the Subscriber will be notified 24H in advance, by email or by the appearance of an information window on the Application. Algoverso will make the best efforts to minimize the downtime of the Services.
Algoverso provides Subscribers with online assistance (email, chat) and telephone support to help Users in the event of breakdowns or difficulties in the execution of the Application. In the case of online assistance, Algoverso may, with the prior consent of the User, be required to connect to the Subscriber's Space in order to carry out verification operations in order to solve the problem identified by the user. If applicable, Algoverso undertakes to ensure that its employees, subordinates or partners involved in this context keep confidential any information to which they have access.
An internet support web space is made available to Users.
Algoverso safeguards the files and database in accordance with the stipulations of the Data Processing Conditions which are an integral part of these CGAs.
Article 12 - Personal Data of the Subscriber, Users and Users of the Portal
As part of the exercise of its activity, Algoverso implements processing of personal data relating to Subscribers and Users. The Conditions of data processing come to clarify this point. However, the processed data in question are essentially:
For Users: names, first name, pseudonym, email address, telephone number, attachment to the Subscriber’s organization.
For subscribers: name, company name, SIREN registration number, registered office address, VAT number, sector of activity, last name and first name of the legal representative (or delegate), email address of the legal representative (or delegate), telephone number of the legal representative (or delegate) and quality (in the event that it is not the legal representative), a list of Users acting within the framework of Subscriber’s Subscription.
The processing of personal data is based on the legal basis:
· The legitimate interest pursued by Algoverso when it pursues the following purposes:
- prospecting and animation;
- management of the relationship with its customers and prospects;
- organization, registration and invitation to Algoverso events;
- statistical analysis management of its sales.
· The performance of pre-contractual measures or of the contract when it implements a treatment whose purpose is:
- the production, management and follow-up of his clients' files;
- Recovery.
· The respect of legal and regulatory obligations when it implements a treatment whose purpose is:
- the prevention of money laundering and the financing of terrorism and the fight against corruption;
- billing;
- accountability;
- litigation and pre-litigation management;
Algoverso only keeps the data for the duration necessary for the operations for which they were collected and in compliance with the regulations in force.
In this respect, subscribers' data are kept for the duration of the contractual relationship plus three years for animation and prospecting purposes, without prejudice to the conservation obligations or limitation periods. In the prevention of money laundering and terrorist financing, the data are kept five years after the end of relations with the Producer. In accounting matters, they are kept for 10 years from the end of the financial year.
The processed data are intended for authorized persons of the company Algoverso because of their functions, as well as its possible providers.
Under the conditions defined by the Data Protection Act and the European Data Protection Regulation, natural persons have a right of access to data concerning them, rectification, interrogation, limitation, portability, data protection and data protection erasure.
Algoverso puts in place organizational, software, legal, technical and physical means capable of ensuring the confidentiality and the security of the personal data of its customers, so as to prevent their damage, erasure or access by unauthorized third parties.
The information collected may be possibly communicated to third parties linked to the company by contract for the execution of subcontracted tasks necessary for the management of the order, without any authorization from the Subscriber. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases stated above, Algoverso undertakes not to sell, rent, assign or give access to third parties to the data without prior consent of the customer, unless it is constrained by legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of the defence, etc.).
The persons concerned by the processing operations also have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data whose legal basis is the legitimate interest of Algoverso, as well as a right of opposition to commercial prospecting.
They also have the right to define general and specific guidelines defining the manner in which they intend to exercise, after their death, the aforementioned rights by email at the following address: contact@yarea.io or by post at the following address: Algoverso (SAS with variable capital), 7 rue de l'Abbé Guilleminault, 94130 Nogent sur Marne, France accompanied by a copy of a signed identity document.
Pursuant to the provisions of 38 to 40 and 70-18 to 70-21 of the Data Protection Act, as last amended on June 22, 2018, the persons concerned by the Treatment have the right to exercise their access rights, modification, deletion, rectification and limitation of the processing of their data to the controller, Algoverso. The request will be made by email to the address contact@yarea.io or by mail to the address Algoverso (SAS with variable capital), 7 rue de l'abbé Guilleminault, 94130 Nogent sur Marne, France.
The controller, Algoverso, then has a period of one month from the receipt of the request to provide the information requested under the right of access. Nevertheless, if the request is manifestly unreasonable, in particular, by the number, its repetitive or systematic nature (for example, multiple requests and reconciled in time for a copy of a document already provided) or that this request is issued by another person that the data subject or that the data are not kept, Algoverso will inform the data subject of the refusal to proceed with the communication of the data.
The deadline of one month can be extended by two months given the complexity and the number of requests. If necessary, Algoverso will inform the person who exercised his right of access within one month of receipt of the request. The persons concerned have the right to lodge a complaint with the National Commission for Computing and Freedoms (Mailing address: 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07).
Some of the recipients of the data are located outside the European Union, in the United States.
The following guarantees have been taken to ensure a sufficient level of protection for your information:
Recipients provide an adequate level of protection by the European Commission on the adequacy of the EU-US Data Protection Shield Framework as of 12 July 2016.
Specifically, Algoverso uses the following entities (hereafter "Subcontractors") to carry out the following treatment activities:
|
Subcontractor |
Country |
Service |
Personal data is potentially transferred outside the EU? |
|
Hetzner |
Servers located in Germany |
Server Providers |
NO |
|
CloudFlare |
USA |
CDN Provider / DNS redirect |
NO |
|
Stripe Payment EuropePayment |
Ireland |
Platform |
NO |
|
Tawk.toMail |
USA |
Support Tool Provider and Campaigns |
YES |
|
Mailjet |
France |
Sending Transactional |
NO |
|
MailChartMogul |
United Kingdom |
Statistical Analysis about Subscriptions |
NO |
CHARTMOGUL "fully complies with the GDPR" - For the purposes of the EU General Data Protection Regulation (GDPR) (EU) 2016/679, the responsible entity is: ChartMogul Ltd, 71-75 Shelton Street, London WC2H 9JQ, United Kingdom.
More information on ChartMogul's blog: https://blog.chartmogul.com/gdpr/
In the event of subsequent recruitment of other subcontractors, Algoverso will solicit the written, prior and specific authorization of the controller and will ensure that said subsequent subcontractor complies with the obligations of this contract on behalf of and in accordance with the instructions of the responsible for treatment.
Article 13 - Obligations of Algoverso as a subcontractor
In the context of their contractual relations, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from 25 May 2018 (hereinafter referred to as "the European Data Protection Regulation" or the "RGPD").
13.1 Description of Outsourced Processing
In connection with the subscription to the Services, Algoverso, as a subcontractor within the meaning of Article 28 of the RGPD, is authorized to process on behalf of the responsible party, processing the personal data necessary to provide the Services as defined herein and in the Subscription Form chosen by the Subscriber and in particular:
- The hosting of subscriber data placed by him or by the Users attached to his Account in the Application;
- The backup of subscriber data placed by him or the Users attached to his Account in the Application;
- The security of the data hosted by Algoverso on behalf of the Subscriber;
- Users' assistance in accordance with the provisions of Article 11 above.
The personal data processed by Algoverso, as data controller:
- Identity of the subscriber, his legal representative (surname, first name, email address, landline or mobile number);
- Identity of the Users (name, first name, quality within the Subscriber's structure, email address, landline or mobile number);
- Application login data such as login logs or encrypted data transactions.
The personal data processed by Algoverso, as a subcontractor:
- Identity of Customers (name, first name, email address, landline or mobile number);
- Identity of the Subscriber's prospects;
- And more generally, any data, information or document placed by the Subscriber and / or his Users in his instance / space of Yarea.
13.2 Obligations of Algoverso as a subcontractor vis-à-vis the controller
As a subcontractor, Algoverso undertakes to:
§ undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality
§ receive the necessary data protection training
Right of Information of Data Subjects
It is the responsibility of the data controller to provide information to the persons concerned by the processing operations at the time of data collection.
Exercise of the Rights of Persons
When the data subjects apply to the subcontractor for the exercise of their rights, Algoverso must send these requests as soon as they are received by email to the Subscriber, the data controller.
Algoverso will then make the best efforts to assist the Subscriber in the transmission of information and the management of the requests of the persons concerned, with regard to the data subject to the subcontracting provided for herein.
Notification of Personal Data Breaches
Algoverso shall notify the controller of any personal data breach within a maximum of 12 (twelve) hours after becoming aware of it and by any means (including email). This notification shall be accompanied by all relevant documentation to enable the controller, if necessary, to notify the breach to the competent supervisory authority.
The controller shall notify the competent supervisory authority (the CNIL) of the personal data breaches as soon as possible and, if possible, not later than 72 hours after becoming aware of them, unless the breach is not likely to create a risk for the rights and freedoms of natural persons.
The notification shall contain at least:
If, and to the extent that it is not possible to provide all this information at the same time, the information may be communicated in a staggered manner without undue delay.
Algoverso's Assistance as a Subcontractor as Part of the Compliance by the Underwriter Responsible for the Treatment of his Obligations:
Algoverso will assist the controller in conducting data protection impact assessments and, where appropriate, upon the specific request of the Subscriber, Algoverso will assist the controller in carrying out the prior consultation of the Data Protection Authority control.
Security Measures
Algoverso undertakes to implement the security measures necessary for the respect of the present ones, and in particular, the following ones: pseudonymisation and the encryption of the personal data.
Exit of Data
Before unsubscription validation, and throughout the duration of the Subscription, Algoverso allows the Subscriber to recover all of their data in digital form and in a format allowing reversibility, via the data export function.
After the end of the subscription, the data is kept for the duration mentioned in the data processing conditions, after which said data is deleted.
In the event that the Subscriber does not wish to recover his data – the destruction of said data will be notified to the Subscriber.
Processing Activity Category Register
Algoverso declares to keep a register of all categories of processing activities performed on behalf of the Subscriber including:
Documentation
Algoverso makes available to the controller – the Subscriber – the necessary documentation to demonstrate compliance with all its obligations and to enable audits, including inspections, to be carried out by the controller or another auditor. He has mandated, and contributes to these audits, in particular by the detail of its Conditions of treatment of the data.
13.3 Obligations of the controller in respect of the subcontractor
The controller – the Subscriber – undertakes to:
Article 14 - Confidentiality
Yarea allows the Subscriber, as part of his subscription, to regulate access, creation, modification and deletion of data. These processes are confidential, whether for all files, data and information of any nature communicated by the Subscriber, or to which he could access for any purpose whatsoever in the context of the use of the Application, for the purposes of or in connection with the execution of this document, including all data hosted in the Application.
This confidentiality obligation will survive the termination of the Subscription, regardless of the cause.
Cookies
Article 15 - Assignment, Transmission of the Contract
15.1 No change in the legal status of Algoverso, such as, in particular, transformation, merger with other legal persons, absorption, transfer of Algoverso or its fund to a third party, may terminate this contract, which will continue, for the remaining period between the Contract and the legal or natural person who may be at the rights of Algoverso. If necessary, Algoverso will inform the Subscriber in advance.
15.2 The Subscriber may assign the Contract to a third party only with the prior and express agreement of Algoverso.
15.3 In the event that the present contract is modified under the conditions defined above, the Subscriber remains the guarantor of the respect of the stipulations of this contract and its good execution by the third party.
Article 16 - Limitation of Liability
The Subscriber acknowledges that Algoverso makes the best efforts to provide a quality service that allows the best use for its activity.
The Subscriber is solely responsible for the requests, as well as the choices that he makes directly or through Users using the service on his behalf and under his responsibility, and assumes only the direct or indirect consequences of the use of the Services.
It is up to the Users and the Subscriber to make use of them in accordance with the regulations in force and, in particular, the recommendations of the CNIL.
In no event shall Algoverso be held liable for any damage of any nature whatsoever resulting from the use of the Application. For all intents and purposes, it is recalled that Algoverso exclusively provides the technical means to benefit from the Services whose Users are solely responsible for the use that is made of them.
Algoverso could provide its users with an "API" service to adapt, modify and evolve services – by simple programming – and in general, to personalize the Algoverso Services. The Subscriber using the "API" service acknowledges that he is solely responsible for the API developed by himself or his agents, and that under no circumstances may Algoverso be held liable for lack of conformity from API to the Act or the regulations and generally, because of any claim, appeal or third-party dispute. The Subscriber guarantees Algoverso in this respect.
The Subscriber guarantees Algoverso against any claim and / or remedy of any kind, resulting from any breach of these stipulations.
The Subscriber acknowledges having the skills and means necessary to access and use the Application. He also acknowledges having verified that the computer configuration used contains no viruses and is in perfect working order.
The data repatriation operations are carried out under the responsibility of the Subscriber.
The User, using his own terminal, modem or any other material necessary to access the Service, in no case can Algoverso be held responsible for any damage, of any nature whatsoever, resulting from the use of the Service. The responsibility of the company Algoverso can not be further sought in case of technical impossibility of connection.
If the responsibility of Algoverso is retained in the execution of these, the Subscriber could not claim other indemnities and damages, that (i) the repayment of the payments that he already made for the part of the Service which discloses a failure or error attributable to Algoverso or (ii) the non-payment for that part of the Service.
Algoverso allows its Users to synchronize and use third-party services as part of its Application (hereinafter the "Third Party Services") such as "Facebook Login", "Intercom" or “Twitter login,” for example. In this context, the Subscriber acknowledges that he is solely responsible – for himself and for the accounts of his Users – for the use of the said services and that in no case may Algoverso be held liable for failure or damage caused by the use of such Third-Party Services. The Subscriber guarantees Algoverso against any recourse in this context.
In this respect, it is recalled that as a controller, the Subscriber is required to comply with the legal and regulatory requirements for the protection of personal data and, in particular, to take into account the principles of "privacy by default" and "Privacy by design" in the choice of services it uses. Therefore, Algoverso can not be held liable if the Subscriber chooses to use Third-Party Services that do not comply with the General Regulations on the Protection of Personal Data, the Data Protection Act and the Digital Republic Act.
Article 17 - General Provisions
17.1 If one or more provisions of this contract are held invalid or declared to be invalid by law, regulation or following a final decision by a competent court, the parties shall, in good faith, seek equivalent stipulations.
In any case, this provision will be removed from the contract without the validity and the opposability of the other provisions being affected. The other stipulations will retain all their force and their range.
17.2 The Subscriber acknowledges and agrees that Algoverso is in the market for remote access solutions and may offer identical or similar services to third parties, including competitors.
17.3 This contract expresses all the contractual obligations of the parties. It cancels and replaces any previous document.
17.4 No stipulation of the present contract can be interpreted as the manifestation of an existing between the parties, this contract not being able to be regarded as creating a company between the parties (including a company called "created de facto").
Article 18 - Hypertext links
For information, Algoverso has inserted, within the present CGA, hypertext links referring to third-party sites. These hypertext links are not the property of Algoverso, they are likely to evolve and the responsibility of Algoverso can not be engaged thereby.
Article 19 - Applicable Law and Attribution of Jurisdiction
The relations between the Subscriber and Algoverso are governed by French law.
19.1. Amicable Dispute Resolution
In the event of a dispute, the parties undertake, before any referral to the judge, to submit their dispute to one (1) conciliator of justice chosen from the members of their profession. Once appointed, the conciliator will have a period of two (2) months to find an amicable solution to the dispute between the parties. During conciliation, no legal proceedings may be brought by either party.
Failing to reach an amicable agreement within the time limit, the competent court may be seized.
In an emergency, to stop a clearly unlawful disorder or to prevent imminent harm, the parties may still issue a summary summons.
19.2. Jurisdiction
All differences relating to the formation, execution and termination of contractual obligations between the parties that can not lead to an amicable settlement will be submitted to the French courts. In case of dispute with professionals and / or traders, it will be subject to the jurisdiction of the Commercial Court of Paris.
|
GENERAL CONDITIONS OF USE OF THE YAREA SERVICE
|
Article 1 - Definitions
"Yarea" / "The Platform" / "The Application": refers to the online collaborative work tool provided by Algoverso and made available to Customers via a SaaS (software as a service - software as a service) Yarea .
"Terms and Conditions of Use" means all the agreed provisions accepted in connection with the use of Yarea.
"General Terms and Conditions of Subscription" means the present and in particular the terms and conditions subject to the express acceptance of the Subscriber and in respect of which Algoverso (SAS with variable capital) grants a right to use its Services, according to the Formula of Subscription chosen, in consideration of the payment of a fee, the Subscription - being specified that for each Subscriber the Subscription Form validated and detailing the Services provided by Algoverso within the framework of the Subscription Form chosen, constitute the Conditions Special Subscription Supplements that are not contradictory to these.
"Subscriber" / "Licensee" means natural or legal persons with a Yarea account who use the Yarea service offered by Algoverso (SAS with variable capital) in the course of their professional activity and who is responsible for the settlement of the Subscription - it being specified that the natural persons intervening in the management of the Subscriber Account are called the Users.
"User": means any natural person who uses Yarea as representative, servant or collaborator of the Subscriber.
"Yarea Partner" means a legal person who has provided Algoverso (SAS with variable capital) with one (or more) new Subscriber (s) via the Yarea Partners Platform
The "Yarea Partners Platform" will allows legal entities, themselves Subscriber in Yarea or not, to propose to their business partners, financial, subsidiaries, and in general, to any professional or other legal entity to subscribe to the Services Yarea.
"Subscriber Brought" means a Subscriber brought by a Yarea Partner.
"Services" means the access to all the services offered to the Subscribers in return for the payment of the Subscription price according to the Subscription formula chosen.
"Space" / "Subscriber Area" means the interface accessible exclusively to the Subscriber and the Users of the Services.
"Subscription" means the lump sum paid monthly or annually by the Subscriber for the use of the Services.
"Customer Portal" means a collaborative space - a specific module of Yarea, part of the Services offered - allowing the Subscriber to offer his customers access to a space reserved for them to view and download invoices, quotes, contracts and any document made available by the Subscriber.
"Customer" or "Subscriber's End User" means the customer of the Subscriber who will connect to the Customer Portal.
Article 2 - Purpose
Algoverso provides Subscribers with a SaaS online tool called "Yarea" to enable them to easily create a user portal.
As such, subscribing to the Yarea service provides access to the following services:
- Implementation of a Customer Portal via the installation of modules
- Management of users and users of the portal
- Categorization of users
- AppStore: available modules
- Ticket system: assistance through ticket, portal users can open tickets to make requests to the subscriber and his teams. The subscriber and his teams can then process and respond to them.
- Blog: allows to set up a blog, the subscriber and his teams can then add articles, make them accessible to all users of the portal or some.
- Knowledge base: allows you to add reference articles, tutorials and knowledge within categories that can be used by portal users.
- Feedback manager: manage ideas and returns made (votes, comments)
- Simple page: CMS to add pages to the customer portal to enriched content.
- Documents: document management
- Personalized links: hypertext links to the portal
- Messaging: adding an instant messenger to the portal to facilitate dialogue between the subscriber and his teams and portal users
The Subscriber undertakes for himself and for the account of his agents - the Users - to respect these Terms.
Article 3 - Evolution of Yarea Services and Terms of use
In order to take into account any change in its services, Algoverso (SAS with variable capital), owner and publisher of Yarea reserves the right to modify these TOS at any time.
The company Algoverso (SAS with variable capital) will inform its Subscribers about any possible modification of these. Subscribers to inform its employees, Users. At each new connection, the User is deemed to accept the Terms in their most recent version.
The only version of the current GCU will be available permanently at the following address:
https://yarea.io/terms
Article 4 - Access to Yarea Services
Access to the Services is subject to subscription by the Subscriber. It is specified that these Terms and Conditions are an integral part of the Contract that the Subscriber undertakes to respect and to enforce by the Users who will have access to the Services via his Subscriber Account.
It is specified that the company Algoverso offers several types of Subscriptions which are defined in the tariff conditions.
4.1 Access to the Yarea online application is reserved:
- Subscribers who are up to date with their payments and persons who have been authorized by the Subscriber to access the subscriber's single space allowing the use of all or part of the Services (depending on the subscription for which he has opted);
- Regarding the "Customer Portal" part: to people who have been invited by a Subscriber to visit the Customer Portal. Generally, the invited guests are Subscriber's Client and will be required to view and download the documents made available to them on the Yarea online application, by the Subscriber.
Excluding any trial period or demonstration, access to the Services by the Subscriber is paid and is subject to the signing of the Contract. Each company registering to Yarea is limited to three trial period allowed in total, with at least 1 month period between each. The trial should be used fairly. Pentesting, penetration testing, or other random testing without actual use is not permitted.
All costs associated with accessing the online application Yarea, whether material costs, software or Internet access are exclusively the responsibility of the Subscriber - charge to the Subscriber to ensure Users using the Application - on their behalf - have the necessary tools for that use.
The User remains solely responsible for the proper functioning of his computer equipment and its internet access.
For information and without commitment of the company Algoverso (SAS with variable capital) in this respect, it is indicated that the Site yarea.io and the online application Yarea is accessible 24 hours a day, 7 days a week, except in case of force majeure, fortuitous event or because of a third party, such as those usually accepted and defined by the jurisprudence of the French Courts. Similarly, Algoverso (SAS with variable capital) reserves the right to make any interruption due to technical maintenance necessary for the proper functioning of the Site, the online application Yarea and its services, related materials, or update or for any other reason.
The company Algoverso (SAS with variable capital) also reserves the right to suspend, interrupt or limit, at any time and for the duration of its choice (including any final judgment) without prior notice, access to all or part of the Website and the online application. The User is informed that Algoverso (SAS with variable capital) may terminate or modify the characteristics of the services offered on the Site and the online application, at any time.
Algoverso (SAS with variable capital) is not bound by any obligation of result regarding the accessibility of the Site, and is in no way responsible for the interruptions and the consequences that may result therefrom.
4.2. Computer
To access Yarea, the User must have an internet connection, preferably with high speed (1 Mbps strongly recommended).
Yarea and its services are accessible through an internet browser. Users' use and access to services requires an Internet connection and the use of a modern web browser (for example, the latest versions of Google Chrome, or Mozilla Firefox).
It should be noted that if an obsolete internet browser is used by the user, the quality of the services may be affected, and some features or modules may not work optimally. This deterioration of the services can not be attributed to Algoverso (SAS with variable capital).
4.3. Mobile equipment and accessibility
Yarea is accessible in its mobile version from any mobile device (smartphone, tablet) via an up-to-date internet browser.
The online application, in its version dedicated to mobiles, is designed to offer users an optimized experience, which can vary from one model of mobile to another, the size of a screen to another.
4.3.1. IOS mobile application and mobile devices equipped with the iOS operating system
Yarea can be accessed from any internet network (Wi-Fi, 3G / 3G + / 4G / 4G + and other mobile data networks) on all mobile devices equipped with the operating system iOS. In addition, for mobile iOS, the application "Yarea" is available on the AppStore Apple. Some features are only available on iOS 10.2 and later.
Limitations of access to Services may apply to equipment that is "jailbroken", ie equipment where the User has accessed the operating system to modify it to circumvent certain limitations imposed by the equipment manufacturer.
4.3.2. Android mobile application and mobile devices equipped with the Android operating system
Yarea can be accessed from any internet network (Wi-Fi, 3G / 3G + / 4G and other mobile data networks) on the majority of tablets and smartphones equipped with the operating system Android 4.4 and later. In addition, for Android mobiles, the application "Yarea" is made available through the Google Play Store.
Limitations of access to Services may apply to equipment that is "jailbroken", ie equipment where the User has accessed the operating system to modify it to circumvent certain limitations imposed by the equipment manufacturer.
4.4 Insofar as access to the Site is reserved exclusively for Subscribers, its agents and Clients, access to Yarea is subject to the prior identification of the User. To do this, it will be up to the User to identify himself by means of his username and his personal and confidential word.
4.5 Access to the Services is subject to the unconditional approval of the Subscriber General Conditions of Subscription (CGA) at the time of the Subscription.
- The Subscriber: At the time of subscription to the Subscription on the Site yarea.io.
- The subscriber brought: from the unique link sent by Partner Yarea;
Named together for the purposes of these "Subscribers"
The creation of Space / Account requires:
· Complete the form containing all the mandatory information (in case of non-response, the Service can not be performed), the information to be provided must be accurate, truthful and up-to-date;
· Accept these Terms of Use.
· Accept the Terms and Conditions of Subscription.
It will be up to the Subscriber to create his login password to the Site and his login in order to access the Yarea online application.
In view of the specific nature of the Services, the Subscriber will have to invite / create the user accounts of his collaborators and agents so that they can choose their login credentials to the Yarea online application. And this, within the limit of its subscription to Yarea services, which may include a limitation in terms of user accounts.
It is reminded that the password is personal and confidential. In this regard, the Subscriber acknowledges having full responsibility for the preservation of its confidentiality as well as its use.
The User and / or Subscriber is prohibited from providing information that is erroneous and / or prejudicial to the rights of others. In the event that Algoverso (SAS with variable capital) is aware of the existence of erroneous information or infringes the rights of third parties, it reserves the right to suspend or refuse the creation of an Account.
It is specified that the terms and conditions of access to the Services are defined in the CGA submitted to the Subscriber for approval at the time of subscription.
For the End Customer, access to this "Customer" service area is free of charge for the duration of the Subscription subscribed by the Subscriber.
It is reminded that the password is personal and confidential. In this respect, the End Customer acknowledges that he / she is solely responsible for maintaining its confidentiality and usage.
The Customer is prohibited from providing information that is erroneous and / or prejudicial to the rights of others. In the event that Algoverso (SAS with variable capital) is aware of the existence of erroneous information or infringes the rights of third parties, it reserves the right to suspend or refuse the creation of the Account.
Article 5 - Content of Yarea
All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all the computer applications that could be used to operate the Yarea online application or its website and more generally all elements reproduced or used on the Site and the online application are protected by the laws in force for intellectual property.
They are the full property of the publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, are strictly prohibited. The fact that the publisher does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of such uses and waiver of prosecution.
Article 6 - Maintenance, backup,
For the good management of the online application and the site, Algoverso can at any time:
- suspend, interrupt or limit access to all or part of Yarea, reserve access to the site, or parts of the site, or to certain modules and services of the online application Yarea, or to a specific category user or subscriber;
- remove any information that may interfere with its operation or that contravenes national or international laws;
- suspend the site in order to update;
- contact an underwriter to obtain more information about its use and activity on the application.
The Application is subject to regular changes to improve, enhance one or more features of the Services as well as the graphical interface and access to the various functions offered as part of the Subscription.
The User is informed acknowledges and agrees that maintenance operations may lead to a temporary suspension of Services and access to the Application. This suspension will be made as far as possible between 22H and 7H on working days and the Subscriber will be notified 24H in advance, by email or by the appearance of an information window on the Application. Algoverso will make its best efforts to minimize the downtime of the Services.
Algoverso provides Users with online and telephone support to help Users in the event of faults or difficulties in the execution of the Application. In the case of an online assistance, Algoverso may, with the prior consent of the User, be required to connect to the Subscriber's Space in order to carry out verification operations in order to solve the problem identified by the user. 'User. If applicable, Algoverso undertakes to ensure that its employees, subordinates or partners involved in this context keep confidential any information to which they have access.
An internet support web site putting is made available to Users.
Algoverso backs up the files and database in accordance with the provisions of the Data Processing Conditions that are an integral part of the CGAs.
Article 7 - Yarea Partners
The conditions of access, use, eligibility for the "Yarea Partners" program are detailed in the General Terms and Conditions of Yarea Partners, accessible via the link yarea.io/partners
Article 8 - Responsibilities
The User undertakes not to interfere with the operation of the Site and the Services in any way whatsoever and in particular not to use any computer program intended to reach or render unavailable the Site and the Services.
Moreover, the User declares that he is perfectly familiar with the characteristics and constraints related to the Internet, and in particular the fact that data and information transmissions over the Internet only benefit from a relative technical reliability, as these circulate on networks heterogeneous with various technical characteristics and capabilities, which can disrupt access or make it impossible at certain times.
Algoverso can not be held liable in the event of failure, failure, difficulty or interruption of operation, preventing access to the Site, the Application or any of its functionalities. The connection material to the Site used is under the sole responsibility of the User. The User should take all appropriate measures to protect the User's hardware and data, including virus attacks via the Internet. The User is also solely responsible for the sites and data that he consults.
Algoverso can not be held responsible in the event of legal proceedings against the User and / or the Subscriber:
- because of the use of the site or any service accessible via the Internet;
- because of his non-respect of these general conditions.
Algoverso is not liable for damages caused to the User, the Subscriber, third parties and / or its equipment by reason of its connection or use of the site and waives any action against it as a result.
If Algoverso were to be the subject of an amicable or judicial procedure due to the use of the Site by the Subscriber / User, it may turn against the User / Subscriber / Customer to obtain compensation for all damages, sums , convictions and costs that may arise from this procedure.
When using the Services, the User, the Subscriber and the Customer will be required to provide to Algoverso personal data concerning him to use the Site and to benefit from the Services (including without this list being exhaustive name, first name, email address, browsing data, identifiers of computer equipment such as IP address, IDFA, Android ID, programs viewed). The processing of this data is necessary for the execution of the Services provided by Algoverso.
These data are used for the administration and technical and commercial management of the Services as well as for audience measurement and commercial prospecting statistics.
The connection between the web browser and Yarea is secured by an SSL certificate, so all transferred data is encrypted.
All original file information (original name, type, mime type) is stored in the database. There is no direct access to downloaded files.
All file links contain a secure hash.
Regular backup of databases and files is scheduled and organized on a separate secure server via SSL.
Algoverso never knows the passwords of its users.
Access to the user's session is done by the use of access token Thus, the user can not obtain any private information without access token. The said token is regularly renewed.
As part of the exercise of its activity, Algoverso implements processing of personal data relating to Subscribers and Users.
The processed data are essentially:
For Users: names, first name, pseudonym, email address, telephone number, attachment with the Subscriber organization.
For subscribers: name, company name, SIREN registration number, registered office address, VAT number, sector of activity, last name and first name of the legal representative (or delegate), email address of the legal representative (or delegate), telephone number of the legal representative (or delegate) and quality (in the event that it is not the legal representative), list of Users acting within the framework of Subscriber Subscription.
The processing of personal data is based on the legal basis:
· The legitimate interest pursued by Algoverso when it pursues the following purposes:
- prospecting and animation;
- management of the relationship with its customers and prospects;
- organization, registration and invitation to Algoverso events.
· The performance of pre-contractual measures or of the contract when it implements a treatment whose purpose is:
- the production, management and follow-up of his clients' files;
- Recovery.
· The respect of legal and regulatory obligations when it implements a treatment whose purpose is:
- the prevention of money laundering and the financing of terrorism and the fight against corruption;
- billing;
- accountability ;
- litigation and pre-litigation management;
Algoverso only keeps the data for the duration necessary for the operations for which they were collected and in compliance with the regulations in force.
In this respect, subscribers' data are kept for the duration of the contractual relationship plus 3 years for animation and prospecting purposes, without prejudice to the conservation obligations or limitation periods. In the prevention of money laundering and terrorist financing, the data are kept 5 years after the end of relations with the Producer. In accounting matters, they are kept for 10 years from the end of the financial year.
Prospect data are kept for a period of 3 years if no participation or registration in the events of Algoverso took place and no contractual relationship has occurred.
The processed data are intended for authorized persons of the company Algoverso because of their functions, as well as to its possible providers.
Under the conditions defined by the Data Protection Act and the European Data Protection Regulation, natural persons have a right of access to data concerning them, rectification, interrogation, limitation, portability, data protection and data protection. 'erasure.
Algoverso puts in place organizational, software, legal, technical and physical means capable of ensuring the confidentiality and the security of the personal data of its customers, so as to prevent their damage, erasure or access by unauthorized third parties.
The information collected may possibly be communicated to third parties linked to the company by contract for the execution of subcontracted tasks necessary for the management of the order, without any authorization from the Subscriber. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of data. personal data. Apart from the cases stated above, Algoverso undertakes not to sell, rent, assign or give access to third parties to the data without prior consent of the customer, unless it is constrained by reason of a legitimate reason ( legal obligation, fight against fraud or abuse, exercise of the rights of the defense, etc.).
The persons concerned by the processing operations also have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data whose legal basis is the legitimate interest of Algoverso , as well as a right of opposition to commercial prospecting.
They also have the right to define general and specific guidelines defining how they intend to exercise, after their death, the aforementioned rights by e-mail to the following address contact@yarea.io or by post to the following address: Algoverso (SAS with variable capital), 7 rue de l'Abbé Guilleminault, 94130 Nogent sur Marne, France, accompanied by a copy of a signed identity document.
Pursuant to the provisions of 38 to 40 and 70-18 to 70-21 of the Data Protection Act, as last amended on June 22, 2018, the persons concerned by the Treatment have the right to exercise their access rights. , modification, deletion, rectification and limitation of the processing of their data to the controller, Algoverso. The request will be made by email to contact@yarea.io or by mail to the following address: Algoverso (SAS with variable capital), 7 rue Guilleminault Abbé, 94130 Nogent sur Marne, France.
The controller, Algoverso, then has a period of one month from receipt of the request to provide the information requested under the right of access. Nevertheless, if the request is manifestly unreasonable in particular by the number, its repetitive or systematic nature (for example, multiple requests and reconciled in time a copy of a document already provided) or that this request is issued by another person that the data subject or that the data are not kept, Algoverso will inform the data subject of his refusal to proceed with the communication of the data.
The deadline of 1 month can be extended by two months this time given the complexity and the number of requests. If necessary, Algoverso will inform the person who exercised his right of access within one month of receipt of the request. The persons concerned have the right to lodge a complaint with the National Commission for Computing and Freedoms (Mailing address: 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07).
Some of the recipients of your data are located outside the European Union, in the United States.
The following guarantees have been taken to ensure a sufficient level of protection for your information:
Recipients provide an adequate level of protection by the European Commission on the adequacy of the EU-US Data Protection Shield Framework as of 12 July 2016.
Specifically, Algoverso is entitled to use the following entities (hereinafter, "Subcontractors Subsequent") to carry out the following treatment activities:
|
Subcontractor |
Country |
Service |
Personal data is potentially transferred outside the EU? |
|
Hetzner |
Germany |
Server Provider |
NO |
|
CloudFlare |
USA |
CDN Provider / DNS redirect |
NO |
|
Stripe Payment EuropePayment |
Ireland |
Platform |
NO |
|
Tawk.toMail |
USA |
Support Tool Provider andCampaigns |
YES |
|
Mailjet |
France |
Sending Transactional |
NO |
|
MailChartMogulAnalyze |
United Kingdom |
Subscription Statistics |
NO |
CHARTMOGUL "fully complies with the GDPR" - For the purposes of the EU General Data Protection Regulation (GDPR) (EU) 2016/679, the responsible entity is: ChartMogul Ltd, 71-75 Shelton Street, London WC2H 9JQ, United Kingdom
More information on ChartMogul's blog: https://blog.chartmogul.com/gdpr/
In the event of the hiring of other subsequent subcontractors, Algoverso will solicit the written, prior and specific authorization of the controller and will ensure that the said subsequent subcontractor complies with the obligations of this contract on behalf of and in accordance with the instructions of the responsible for treatment.
Invoices are accessible at any time by the subscriber from Yarea, Settings page Subscription tab. This site constitutes a reliable and durable support constituting a true copy in accordance with the provisions of article 1379 of the Civil Code. These documents / data are processed, stored, managed and archived by the company Algoverso (SAS with variable capital) in accordance with its legal obligations via a process allowing the protection of personal data of its customers and users in accordance with the requirements of the General Regulations on Protection Datas.
The computerized registers of Algoverso (SAS with variable capital) will be considered by the parties as proof of communications, orders, payments and transactions between the parties on the Site unless proven otherwise.
Article 10 - Cookies
In accordance with the decision of the CNIL n ° 2013-378 of December 5, 2013, the company Algoverso (SAS with variable capital) informs the Customers and Users that cookies record certain information that is stored in the memory of their equipment /computer equipment. This information is used to improve the use and functioning of the Site and other services offered by Yarea.
An alert message asks each person visiting the Site, in advance, if they wish to accept cookies. These cookies do not contain confidential information about Users.
Users going to the homepage of the Site will be informed:
· Precise purposes of the cookies used;
· The ability to oppose these cookies and change the settings by clicking on a link in the banner;
· And the fact that the continuation of its navigation is agree to the deposit of cookies on its terminal.
To guarantee the free, informed and unambiguous consent of the User and the Customer, the banner will not disappear until it has continued to navigate.
Without the prior consent of the user, the deposit and reading of cookies will not be done:
- If the user goes to the Site (home page or directly on another page of the Site) and does not continue his navigation: a mere lack of action can not be assimilated to a manifestation of will;
- Or if he clicks on the link in the banner allowing him to set cookies and, if necessary, refuses the deposit of cookies.
Article 11 - Hypertext links
Algoverso (SAS with variable capital) is free to refuse that a link be made to its services, without having to justify in any way its decision. In the event that Algoverso (SAS with variable capital) grants its authorization, it is in all cases only temporary and may be withdrawn at any time, without obligation of justification at the expense of the company Algoverso (SAS variable capital).
In any case, any link must be removed at the request of the publisher.
Any information accessible via a link to other sites is not under the control of Algoverso (SAS with variable capital), which declines all responsibility for their content.
Article 12 - Intellectual Property Rights
All elements of the Site and the Application are and remain the intellectual and exclusive property of Algoverso (SAS with variable capital).
Any reproduction, exploitation, rebroadcast or use of the elements of the Site, whether textual, software, visual or audio, is strictly prohibited under pain of prosecution, including criminal. Any simple or hypertext link on the Site is strictly prohibited without the express written consent of Algoverso (SAS with variable capital).
The Yarea trademark is a registered trademark of which Algoverso (SAS with variable capital) is the sole owner of the exploitation rights. Any total or partial reproduction or trademark without the express permission of Algoverso (SAS with variable capital) is prohibited, within the meaning of Articles L.713-2 and following of the Code of Intellectual Property.
Article 13 - Modification of the General Conditions of Use
The company Algoverso (SAS with variable capital) reserves the right, at any time, to modify or update all or part of the GTU of the Site or sale of services offered. It is therefore advisable for the user to regularly refer to the latest version of the CGU permanently available on the Site.
If Algoverso (SAS with variable capital) does not require the strict application of one of the provisions of these terms of use, this can not be considered as a tacit waiver of its provisions and rights.
The invalidity of one or more of the provisions of these conditions shall not affect the validity of any other provision.
Article 14 - Applicable Language and Law
These General Conditions of Use are subject to French law and French law.
For the convenience of English speakers, a translated English version has been produced but only the French version of the T & Cs is valid between the parties and may be produced in court.
Article 15 - Attribution of Competence
15.1. Amicable Dispute Resolution
In the event of a dispute, the parties undertake, before any referral to the judge, to submit their dispute to one (1) conciliator of justice chosen from the members of their profession. Once appointed, the conciliator will have a period of two (2) months to find an amicable solution to the dispute between the parties. During conciliation, no legal proceedings may be brought by either party.
Failing to reach an amicable agreement within the time limit, the competent court may be seized.
In an emergency, to stop a clearly unlawful disorder or to prevent imminent harm, the parties may still issue a summary summons.
15.2. Jurisdiction
All differences relating to the formation, execution and termination of contractual obligations between the parties that can not lead to an amicable settlement will be submitted to the French courts. In case of dispute with professionals and / or traders, it will be subject to the jurisdiction of the Commercial Court of Paris.
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DATA PROCESSING CONDITIONS WITHIN THE YAREA SERVICES
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These Data Processing Conditions (including annexes) are entered into by Algoverso (SAS with variable capital) and the Client.
By accepting these Data Processing Terms on behalf of the Customer, you warrant:
1. having the ability and legal authority to contractually bind the Customer to these Data Processing Terms;
2. have read and understood in their entirety these Data Processing Terms;
3. accept, unambiguously and without reservation, on behalf of the Customer, these Data Processing Terms.
Article 1 - Framework of these Data Processing ConditionsData Processing
TheseConditions are subject to French and European law, within the framework of data protection legislation. These Data Processing Conditions have been drafted following, in particular, the recommendations of the CNIL (Commission Nationale Informatique et Libertés).
Thus, these Data Processing Conditions reflect the agreement of the parties on the conditions governing the processing and security of the Customer's personal data and the personal data for which the Customer is responsible, in connection with the use of Yarea.
Note:
Any expression such as "may include", "including", "for example", "in particular" or any other expression whose meaning is similar will be interpreted as illustrative and not limiting. The use of such expressions will not limit the meaning of the words preceding these terms. All the examples given in these Data Processing Conditions are illustrative and are not the only possible examples of a given concept.
Article 2 - Glossary, Definitions and Interpretation
2.1 In these Terms of Data Processing:
"Algoverso", "Algoverso (Variable)" Interestmeans the entity Algoverso (Variable Interest), party to the agreement and in charge of the Software proposed as "Yarea" Service.
Algoverso (SAS with variable capital), a joint-stock company with a capital of 1,000 (thousand) euros, serving at 7 rue de l'abbe guilleminault, 94130 Nogent sur Marne, France (registration number SIRET 82374107900011.
"Yarea" means the Software provided by Algoverso (SAS) as a Service (or "software-service"), which includes Yarea's services, modules and functionalities, applicable via subscription to a Yarea subscription according to the level of subscription chosen by the Client
"Instance Yarea", "Espace Yarea" means the space for which access is reserved to the Client and to its Collaborator-users Access to this space is secure as mentioned and described in the section 7.1.1 (Security measures)
"Subscription", "Subscription" means subscribing to a subscription to Yarea, giving access to the Client to a Yarea Instance
"Additional module", "Add-on", "Integration" or "Service integrated third party " means a product, service or application provided by Algoverso (SAS with variable capital) or a third party:
1. not being directly part of Yarea and / or requiring the use of software and / or third party services;
2. or is accessible for use in the Yarea user interface by configuring software and / or third-party services or otherwise integrated with Yarea.
"Affiliate" means an entity that directly or indirectly controls, is controlled by, or is controlled by Algoverso (Variable Interest Group) or the Client.
"Customer Data" or "Customer Personal Data" means the personal data processed by Algoverso (Variable Interest Group) on behalf of the Client in connection with the provision by Algoverso (Variable Interest Group) of its Software- Yarea service.
"Data Incident" means a breach of the security of Algoverso (Variable Interest) that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to Customer's Personal Data on systems managed by or controlled by Algoverso (SAS with variable capital). "Data Incidents" do not include unsuccessful attempts or activities that do not compromise the security and / or integrity of Customer's personal data, including unsuccessful login attempts, pings, port scans, Denial of service attacks and other network attacks on firewalls or networked systems.
"Data Protection Legislation" means, as the case may be:
1. the RGPD (European Data Protection Regulation);
2. the French law in force concerning data protection.
"RGPD" or "GDPR", the European Data Protection Regulation (European Union) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data personnel and the free movement of such data and repealing Directive 95/46 / EC. This European regulation, in particular transposed in the French law, imposes specific obligations on each company working with Personal Data, whose responsibility is likely to be engaged in case of failure.
"Customer", "Subscriber" means the Customer who subscribes to Yarea. In the case of an organization, company, company or any other legal entity, the Client designates the moral structure, and its contractually related components.
"Collaborator-users" means users of Yarea other than the Subscriber. These include Customer's employees to whom the Customer has given access to Yarea as part of the subscription and / or add-ons chosen by the Customer.
"Notification" e-mail addressmeans the e-mail address (if any) designated by the Customer via the user interface of his Yarea account or any other means provided to Algoverso (Variable Accompanying SAS) to receive certain notifications. of Algoverso (Variable Share SAS) relating to the Data Processing Conditions within Yarea.
"Safety Precautions" has the meaning given in Section 7.1.1 (Safety Precautions).
"Subcontractor" means the authorized third parties under these Data Processing Terms to have logical access to the Customer's Personal Data and to process them to provide parts of Yarea and any associated technical support.
"Term of Contract" or "Term" means the period from the Effective Date of these Terms until the completion of the provision by Algoverso (Variable Interest Group) of Yarea's Services pursuant to the Agreement between Client in Algoverso (SAS with variable capital).
"Effective Date" means, as the case may be:
1. May 25, 2018, if Customer has agreed to accept or if the parties have otherwise accepted these Data Processing Terms before or on that date;
2. the date on which the customer ticked the box to accept the conditions when registering, or any means where the parties have otherwise accepted these Data Processing Terms, if that date is after May 25, 2018.
2.2 meaning of the RGPD
The terms "data controller", "data subject", "personal data", "processing", "subcontractor" and "supervisory authority" used in these Data Processing Terms have the meaning given in the GDPR.
In any case, it is recalled that the Customer is the "Data Controller" of the Data, it "determines the purposes and means" of the processing (Article 4 of the RGPD).
Article 3 - Duration of these Data ProcessingData Processing
Terms TheseTerms will take effect on the Effective Date of the Terms and, notwithstanding the expiration of the Term, will remain in effect until the termination of all Personal Data of the Client by Algoverso (SAS with variable capital), under the conditions described in these Data Processing Conditions in Article 6 of these Conditions of Treatment.
Article 4 - Application of these Data Processing Conditions
4.1 Application of data protection legislation.
These Data Processing Terms apply only to the extent that data protection laws apply to the processing of customers' personal data, especially if:
1. the processing is in the context of the activities of a establishment of a company, association, or other legal personality of the Client within the European Economic Area;
2. The personal data of the Customer are personal data relating to data subjects who are in the European Economic Area and whose processing takes place in the European Economic Area.
4.2 Application to treatment services.
These Data Processing Terms will only apply to Yarea:
1. for which the parties have accepted these Data Processing Terms (for example: Yarea for which the Customer is subscribed or Yarea to which the Customer has access).
2. until the termination of the Contract, by either party, in accordance with the terms of the Agreement itself, these Data Processing Terms, and the General Terms and Conditions of Use and Subscription of Yarea.
Article 5 - Processing of data
Algoverso (SAS with variable capital), through its service Yarea, acts both as a data processor and a data controller in the framework of the RGPD.
Yarea as a data processor: When customers use our products and services to process EU personal data, we act as a data processor. For example, we will process EU personal data and information that is uploaded by a customer into their Yarea space directly, or through an API or connected third-party services.
Yarea as data controller: we act as data controller for the information of our EU customers that we collect to provide our products and services. This customer information includes items such as the customer name and contact information.
5.1 Roles and regulatory compliance; Authorization.
5.1.1 Responsibilities of the subcontractor and the controller.
The parties acknowledge and agree that:
1. Annex I describes the purpose and details of the processing of the Customer's Personal Data as part of the assistance provided for the use of Yarea;
2. Algoverso (Variable Interest) and its software as a service Yarea is a subcontractor of personal data of customers under data protection legislation;
3. The Customer is responsible (controller, "data controller" within the meaning of the RGPD) and / or subcontractor of the processing of personal data of the Customer under the data protection legislation;
4. Each party shall comply with the obligations applicable to it under the data protection legislation, in particular as regards the processing of the customer's personal data.
5.1.2 Authorization by a third party data controller.
In the case where the Customer is itself a subcontractor, the Client guarantees to Algoverso (SAS with variable capital):
a) that the instructions and actions of the Customer concerning the Personal Data under his responsibility, including his choice of Yarea, as another subcontractor, have been duly authorized by the data controller responsible for the personal data concerned.
b) its compliance with the legislation in force and the obligations of the RGPD.
5.2 Customer Instructions.
By accepting these Data Processing Terms, the Customer requests Algoverso (Variable Interest) to process the Customer's Personal Data in accordance with applicable law:
1. to provide Yarea's functionalities and any associated technical support and assistance ( including when such support and support is through a third party service, refer to Appendix I of these Data Processing Terms);
2. as specified by the use made by the Customer of Yarea (including in the settings and other features of Yarea) and any associated technical support;
3. as documented in Yarea's Terms of Use and Yarea's Subscription Terms and Conditions and in these Data Processing Terms;
4. as documented in other written instructions given by the Client and recognized by Algoverso (SAS with variable capital) as constituting instructions for the purposes of these Data Processing Conditions, for example: request to delete the subscriber account by the Customer, deletion of Customer data.
5.3 Compliance of Algoverso (Variable Interest Group) with the documented instructions of the Client.
Algoverso (Variable Interest) will comply with the instructions described in section 5.2 (Client Instructions), even in the case of export or transfer of data, unless the legislation of the European Union or the national legislation which Algoverso (SAS with variable capital) is subject requires further processing of the Customer's personal data. Especially if a legal or judicial provision prohibits Algoverso (SAS with variable capital) to do so for important reasons of public interest.
5.4 Add-on Modules and Third Party Services via the "Yarea AppStore".
The Customer, in connection with the use of Yarea may be required to use Additional Modules and Third Party Services. Beforehand, the Customer will have chosen, through its application settings, within the "Applications Place" of Yarea, to install the said Add-on Modules and Third Party Services.
In this case, if the Customer installs and / or uses an Additional Module or an Integrated Third Party Service, Yarea may have to authorize this Additional Module to access the Customer's Personal Data as required to ensure the interoperability and smooth operation of the Module. Additional and Third Party Services with the application and features of Yarea.
To be absolutely clear:
1. The present Data Processing Conditions do not apply to the processing of personal data relating to the Third Party Services that would be connected to Yarea by the Customer via the installation of an Additional Module listed in the "Applications Store" of Yarea. Each Third Party Service has its own Data Privacy Policy and, where applicable, its own Personal Data Processing Terms. It is up to the Customer to inquire, to know, and to ensure compliance with the legislative framework of the Third Party Services they wish to use. Note that in each page detailing these modules, a link is made to the data processing policy of said Third Party Services.
2. These Data Processing Conditions do not apply to the processing of personal data relating to personal data transmitted to or from Additional Modules and Third Party Services to or from Yarea.
3. the liability of Algoverso (variable capital) could not be extended to the Customer's use of Third Party Services of its choice nor to any data incidents resulting from a Third Party Service.
Article 6 - Deletion of data
6.1 Deletion of data during the term of the Contract.
6.1.1 Yarea with delete functionality.
For the duration of these Processing Terms, Algoverso (Variable Interest) will delete the Customer's personal data from its systems and servers if:
1. the Processing Services feature includes the option for the Customer to delete personal data from the customer;
2. the Customer uses via Yarea the "delete" / "delete" function for certain Customer Personal Data;
3. the deleted Personal Data of the Customer can not be recovered by the Customer (final irrevocable deletion).
Please note that:
1. This deletion of Customer Data will occur as soon as possible and within a maximum period of 180 days, unless European Union law or national law requires retention of Customer Data.
2. The Customer may allow his / her Collaborator-users to delete the Customer's Personal Data via the setting of his Yarea instance.
3. Unless otherwise expressly requested in writing by the Customer, Customer's data may be stored as part of Yarea's commercial information and sales and technical assistance (see Annex I to these Data Processing Terms).
6.1.2 Yarea without delete functionality.
During the term of these Data Processing Terms, if Yarea does not include the functionality enabling the Customer to delete the Customer's personal data, Algoverso (Variable Interest) will comply with any reasonable request of the Customer to facilitate such deletion, to the extent that:
1. this is possible taking into account the nature and functionality of Yarea and provided that EU law or applicable national law does not require the retention of the Data in question.
2. this does not affect the proper functioning of the Client's Yarea Authority and within the framework of Yarea's Terms and Conditions of Use and Subscription.
Algoverso (Variable Interest Group) may charge a reasonable cost charge for any data deletion. In this case, Algoverso (SAS with variable capital) will provide the Customer with additional information on the applicable fees and on the basis of calculation, before any deletion of this data.
6.2 Deletion on expiry of term.
At the expiration of the Subscription, or upon its termination, the Client requests Algoverso (Variable Interest) to delete all Customer's Personal Data (including existing copies) from the Algoverso Systems (Variable Interest). and any subcontractors thereof, in accordance with applicable law.
Algoverso (SAS with variable capital) will comply with this instruction as soon as possible and within a maximum period of 180 days, unless European Union legislation or national legislation requires storage.
Article 7 - Data Security
This article states the Security Measures and Support Framework for Yarea. The Client will also refer to Annexes I and II of these Data Processing Conditions.
7.1 Security measures and assistance of Algoverso (SAS with variable capital).
7.1.1 Safety measures.
Algoverso (Variable Interest) will implement and maintain technical and organizational measures to protect the Customer's Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access as described in Annex II (the "Security Measures"). As indicated in Annex II, the security measures include measures to:
1. encrypt personal data;
2. help to ensure the ongoing confidentiality, integrity, availability and resilience of the systems and services provided by Algoverso (SAS with variable capital);
3. inform, help restore timely access to personal data in the event of an incident;
4. perform regular efficiency tests and technology watch.
Algoverso (SAS with variable capital) may update or modify the security measures, to the extent that these updates and modifications do not lead to the degradation of the overall security of Yarea.
7.1.2 Security compliance by staff and employees of Algoverso (SAS with variable capital).
Algoverso (SAS with variable capital) will take appropriate measures to ensure compliance with the security measures by its employees, subcontractors and employees within the limits of their role, in particular by ensuring that all persons authorized to process personal data customers undertake to respect: the law in force, the legal and contractual obligations of confidentiality.
7.1.3 Algoverso Security Assistance (Variable Interest)
The client agrees that Algoverso (Variable Interest) will help (taking into account the nature of the client's personal data processing and the information available for Algoverso (SAS) with variable capital)) to comply with the customer's obligations regarding the security of personal data and the breach of personal data in force, in particular with regard to the Customer's obligations under articles 32 to 34 (inclusive) of the GDPR, in :
1. implementing and maintaining security measures in accordance with section 7.1.1 (Algoverso Security Measures (SAS with Variable Capital));
2. complying with the conditions of section 7.2 (Data Incidents);
3. Providing the customer with security documentation in accordance with section 7.5.1 (Security Documentation Reviews) and the information contained in these Data Processing Terms, but also, for example, with practical advice regarding: security data, GDPR, and good practices in Personal Data.
7.2 Data Incidents.
7.2.1 Incident Notification.
If Algoverso (Variable Interest Group) becomes aware of a data incident, Algoverso (Variable Interest Group) agrees to:
1. inform the customer of the data incident promptly and without undue delay;
2. take reasonable and timely steps to minimize the damage and its impacts and to secure the Customer's Personal Data.
7.2.2 Details of the data incident.
In case of a data incident, and to the extent possible, Algoverso (SAS with variable capital) undertakes, in its communication to the Customer, to give all the useful details, relevant for the correction or non-reproduction of the data. 'incident. This communication could take the form of:
1. assistance to the client, for the correction of the problem.
2. advice given to the client to protect himself from a possible vulnerability.
3. and more generally by any relevant information on this subject, insofar as these communications do not contravene the legislation in force.
7.2.3 Delivery of notification and availability of information.
Algoverso (Variable Interest Group) will send its notification of any incident of data to the notification e-mail address or, at the discretion of Algoverso (SAS with variable capital) (in particular if the customer has not provided an address valid e-mail), by other direct communication (for example by telephone, mail or in person).
The Customer is solely responsible for providing the Notification e-mail address and for ensuring that the Notification e-mail address is current and valid.
Note:
In case of unavailability of services, including unavailability not giving rise to incidents concerning Personal Data, Algoverso (SAS with variable capital) reserves the right to notify the Customer and / or users.
7.2.4 Limitation of liability and non-recognition of fault by Algoverso (SAS with variable capital).
Data Incident Notification, or communications between Algoverso (Variable Interest Group) and the Client under Section 7.2 (Data Incidents), shall not be construed as recognition by Algoverso (Variable Interest Group) of any fault or liability related to the data incident.
7.3 Customer Responsibilities for the Security of the Customer's Personal Data.
7.3.1 Customer security responsibilities.
The Customer acknowledges that:
1. The Customer is solely responsible for the use of Yarea, its components and its modules and add-ons, this responsibility includes the fact that the Customer must:
a) make appropriate use of Yarea, in particular in the respect of present, of the legislation in force, the rules of the art, the Terms of Use and Subscription of Yarea.
b) make appropriate use of the processing services to ensure an adequate level of security, especially with regard to the risks associated with the customer's personal data;
c) secure the credentials, systems, and account authentication devices that the customer uses to access Yarea's services. For example: the Customer's devices, the non-storage in clear of passwords of the Customer, and its possible Collaborators-users.
2. Algoverso (SAS with variable capital) has no obligation to protect the personal data of the customer that the customer would have chosen to store, process or transfer outside the systems of Algoverso (SAS with variable capital) and its sub-funds. -traitants.
7.3.2 Assessment of customer security.
The Customer also acknowledges that in view of the state of the art, the costs of implementation and the nature, scope, context and purpose of the processing of the Customer's Personal Data as well as risks to persons , the Security Measures put in place by Algoverso (SAS with variable capital), as stated in section 7.1.1 (security measures of Algoverso (SAS with variable capital)), offers an appropriate level of security to the related risk to the customer's personal data.
In order to ensure the continued effectiveness of the security measures, Algoverso (SAS with variable capital) undertakes:
1. to make a technology watch in the field of development;
2. apply security patches whenever necessary, and as soon as possible even without having been the victim of a hacking attempt;
3. maintain the performance and availability of server infrastructures in relation with its subcontractors.
7.4 Examinations and Compliance Checks.
To demonstrate compliance of Algoverso (Variable Interest Group) with its obligations under these Data Processing Terms, Algoverso (Variable Interest Group) will make the Security Documentation available to the Client for review.
Article 8 - Impact Assessments and Consultations
The Client agrees that Algoverso (SAS with variable capital), taking into account the nature of the processing and the information available, helps the Customer to comply with the Client's obligations regarding the analysis of the data. impact and prior consultation, including (where applicable) the Client's obligations described in sections 35 and 36 of the GDPR, by:
1. providing security documentation in accordance with section 7.5.1 (security documentation reviews) ;
2. provide the information contained in these Data Processing Terms;
3. provide or make available, in accordance with standard practices of Algoverso (Variable Interest Group), other documents concerning the nature of Yarea and the processing of the Customer's Personal Data (for example, Help Center documents) .
Article 9 - Rights in question
9.1 Responses to requests for Personal Data.
If Algoverso (SAS with variable capital) receives a request from a data subject concerning personal data under the responsibility of the Customer:
1. if the request is made directly to Algoverso (SAS with variable capital), via Yarea (for example since a user portal), Algoverso (SAS with variable capital) will respond directly to the request of the person concerned;
2. If the request is made to Algoverso (variable share capital) but is not made via Yarea, Algoverso (variable share capital) will inform the relevant person that it is his responsibility to submit his request to the client, and the client will be responsible for responding to this request.
9.2 Assistance for Personal Data.
The Customer agrees that Algoverso (Variable Interest), taking into account the nature of the processing of the Customer's Personal Data and, where applicable, Article 11 of the RGPD, assists the Customer in fulfilling any legal obligation of the Customer to respond to requests from data subjects, including (where applicable) Customer's obligation to respond to requests for the exercise of the data subject's rights set out in Chapter III of the GDPR:
1. by providing the necessary functionality within Yarea, as part of his Subscription;
2. by complying with the commitments set out in section 9.1 (Responses to Data Requests).
Article 10 - Data TransfersData
10.1Storage and Processing.
The client agrees that Algoverso (SAS with variable capital), stores and processes the customer's personal data within the European Economic Area where Algoverso (SAS with variable capital), or one of its subcontractors, hosts the infrastructures servers of Algoverso (SAS with variable capital) as part of the use of Yarea.
Information about the data centers and the location of the Servers infrastructure is available in Annex II of this document under item 1 (b).
Article 11 - Subcontractors of Algoverso (SAS with variable capital)
The customer specifically and unambiguously authorizes the commitment by Algoverso (SAS with variable capital) of subcontractors as affiliates. In addition, the Customer authorizes the engagement of third parties as Subcontractors ("Third Party Subcontractors").
For a better experience of use and possible performances of Yarea, Algoverso (SAS with variable capital) uses subcontractors.
Subcontractors of Algoverso (SAS with variable capital), as part of Yarea, may in some cases be subcontractors of data. Information on subcontractors is available below:
|
Subcontractor |
Country |
Service |
Personal data is potentially transferred outside the EU? |
|
Hetzner |
Germany |
Server Provider |
NO |
|
CloudFlare |
USA |
CDN Provider / DNS redirect |
NO |
|
Stripe Payment EuropePayment |
Ireland |
Platform |
NO |
|
Google Fonts |
USA |
Provider cdn ofpolicies |
NO |
|
mailingTawk.toMailMail |
USA |
Support Tool Provider andCampaigns |
YES |
|
Mailjet |
France |
Sending Transaction |
NO |
|
ChartMogul |
United Kingdom |
Subscription statistical analysis |
NO * |
* CHARTMOGUL "fully complies with the GDPR" - For the purposes of the EU General Data Protection Regulation (GDPR) (EU) 2016/679, the responsible entity is: ChartMogul Ltd, 71-75 Shelton Street, London WC2H 9JQ, United Kingdom. More information on the ChartMogul blog: https://blog.chartmogul.com/gdpr/
Viewing content fromexternal platforms
Google Fonts
Data: different types of data specified in the service's privacy policy and
Analyzes
UsageChartMogul
Data:
Usage Database management Users
Tawk.to
Data: Email address, Cookies, different types of Data specified in the service's privacy policy and Usage data
Payment management
Stripe
Data: different types of data specified in the privacy policy of the
Webbackend infrastructure service
Hetzner hosting
Data: different types of data indicated in the policyService Privacy
Optimization and Repair Policy traffic
CloudFlareContactManagement
Data: Cookies and different types of data specified in theservice privacy policy
And sending messages
Mailjet
Data: address, email address, cookies, date of birth, various types of data, usage data , last name, phone number, country, profession, first name and sex
When Algoverso (SAS with variable capital) hires a new subcontractor, Algoverso (SAS with variable capital) makes sure with the subcontractor that:
a) the subcontractor accesses and uses only the personal data of the client to the extent required to perform the obligations that are subcontracted to him, in accordance with the contract (including these Data Processing Conditions);
b) the subcontractor does not transfer personal data from the Customer outside the European Union;
c) the subcontractor accepts, acknowledges and applies the data protection obligations set out in Article 28 (3) of the PMP.
Article 12 - Contacting Algoverso (Variable Joint Venture) regarding Personal Data in connection with the use of Yarea
12.1 Contacting Algoverso (Variable)
Interest GroupThe Client may contact Algoverso (SAS with variable capital) with regard to the exercising its rights under these Data Processing Terms via:
12.2 Treatment records of Algoverso (SAS with variable capital).
The Client acknowledges that and agrees that Algoverso (Variable Interest), as part of the RGPD:Collects
1.and stores certain data and information, including the name of the Client and the contact details of each subcontractor and / or manager for which Algoverso (SAS with variable capital) acts and (if applicable) those of the legal representative, the names and emails of the Collaborator-Users of the data controller and the data protection officer, the Customer can inform these information via the parameters of its Instance Yarea, tab "RGPD";
2. may make this information available to the supervisory authorities under the law. As a result, the Customer, upon request or spontaneously, will provide this information to Algoverso (SAS with variable capital) via Yarea's parameters on the "RGPD" tab. The Customer must ensure that all such information is accurate and up-to-date, in accordance with its legal obligations.
Article 13 - Limitations of Liability
Limitations of liability are indicated and defined herein and in the Terms of Use and Subscription Yarea.
In any case, the Customer acknowledges that Algoverso (SAS with variable capital) can not be held liable, in particular:
1. as a result of damage caused by a breach by the Customer and / or the Customer's employees in terms of security, by example: the Customer does not secure his own systems, the Customer does not take essential security measures (in particular in terms of identifying his systems, monitoring his network and access to its premises), a staff member Client writing his access password in plain text.
2. following a failure by the Customer and / or the Customer's employees to process their personal data and data.
3. following damage caused by force majeure, which is serious and independent of the action and the will of Algoverso (SAS with variable capital) and / or its subcontractors.
4. following Customer's use of Third Party Services, including Third Party Services integrated into Yarea via Additional Modules.
Article 14 - Effect of the present on the data processing
In case of conflict or incompatibility between these Data Processing Conditions and the rest of the Contract, these Data Processing Conditions prevail.
Please note that as long as no change in these Data Processing Terms makes the Agreement inconsistent in its performance, the Agreement remains in full force and effect.
Article 15 - Changes to the Terms of Data Processing
If Algoverso (Variable Interest) changes these Data Processing Terms, the Customer will be informed at least 10 days (or any shorter period required to comply with applicable law , applicable regulations, instructions issued by a regulatory body or government agency) before the change takes effect:
1. by email to the Customer's email notification address;
2. by an internal notification in Yarea,
a) either by an internal message,
b) via the Yarea user interface.
If the Customer objects to such a modification, the Customer may terminate the Agreement by sending a written notice to Algoverso (SAS with variable capital), within 90 days of the notification of modification of the Conditions of Data Processing by Algoverso (SAS variable capital), or by terminating its Subscription to Yarea in accordance with and as defined in the Terms and Conditions of Use and Subscription.
Appendice I - Processing of Customer Data in Customer Support and Yarea Support
Purpose
Provision to Customer by Algoverso (Variable Interest Group) of access to Yarea, commercial information and any associated technical assistance to the use of Yarea.
Duration of the treatment
The duration of the Contract plus the period from the expiration of the Term to the cancellation of all Personal Data of the Client by Algoverso (SAS with variable capital) in accordance with these Data Processing Conditions.
Nature and purpose of treatment
Algoverso (Variable Interest Group) will deal (including, with respect to Yarea and the instructions described in Section 5.2 (Client Instructions)): collection, registration, organization, structuring the storage, modification, categorization, use, Customer data to provide Yarea as well as any related commercial information and technical support related to the use of Yareas, in accordance with these Data Processing Terms.
This processing is intended to inform and assist the Client, legal entity, commercial offers, technical modalities, tips for use and assist the Customer in the use of Yarea. This processing can be carried out via a subcontractor as indicated in the next paragraph "Processing" and link gdpr.yarea.io
Processing
As part of the assistance to the use of Yarea, Algoverso (SAS to capital variable) makes available to the customer:
1. an email address to which the customer can contact the teams in charge of Yarea, support@yarea.io
2. a "chat" in real time (via a Tawk.to widget) on the site https://www.yarea.io
telephone conversations and chat conversations may be recorded by Algoverso (SAS with variable capital) for training purposes. To oppose this recording, the appellant or the conversant will only have to signify it to the operator.
Data processing in these frameworks may include:
The processing will be in French, and, if necessary subject to availability of operators Algoverso (SAS variable capital), in English.
Types of personal data
The customer's personal data to which Algoverso (Variable Interest) has access as part of this specific processing may include the following types of personal data:
Categories of data subjects
The customer's personal data may relate to the following categories of data subjects:
Depending on the nature of the functionalities of Yarea, and more generally the services offered by Algoverso (variable capital), these persons may include persons:
1. to whom the online advertising has been or will be directed;
2. who have visited specific websites or applications for which Algoverso (Variable Interest Group) is providing Yarea's services;
3. who are customers or users of the Customer's products or services.