SECTION 1. ADHERENCE TO THE TERMS AND CONDITIONS OF THE WEBSITE
The company ATTUNEO (commercial name “BEYABLE”) puts online the website accessible at the address www.beyable.fr or www.beyable.com or marketing.beyable.com (the “Website”) for consultation by Internet users under the terms and conditions provided for in these Terms and Conditions.
The CGU govern access and use of the Site. The T&Cs are enforceable against any Internet user visiting the Website as well as any person communicating their personal data on the Website (the “Users”) .BEYABLE reserves the right to modify the T&Cs at any time. These modifications are binding on the User as soon as they are put online. It is therefore recommended that the User regularly consult the CGU in order to be aware of these new conditions.
BEYABLE recommends that Users print and keep a copy of the T&Cs for future reference.
These CGU were updated on 08/12/2018.
SECTION 2. USE OF THE WEBSITE
The User is prohibited, while browsing the Website, from engaging in acts of any nature whatsoever that would be contrary to the Law, would undermine public order, or the rights of BEYABLE or third parties.
In particular, without this list being exhaustive, the User undertakes, while browsing the Website, to respect the following rules:
• Communicate accurate information;
• Do not use false identities to deceive others;
• Comply with current laws and respect the rights of third parties, as well as these contractual provisions;
• Respect the intellectual property rights relating to the content provided by BEYABLE;
• Use the Site faithfully and in accordance with the legal and regulatory provisions and uses in force.
The User is also prohibited from accessing or remaining in the Site fraudulently, from interfering with or altering the functioning of the Site, in particular by introducing viruses, Trojan horses, worms, logic bombs or any other program that may cause damage to the Site or any other program likely to cause damage to the Site and/or to harm BEYABLE's data.
SECTION 3. INTELLECTUAL PROPERTY
The Site, its content and all the elements constituting it are creations for which BEYABLE is the owner of all intellectual property rights and/or has obtained exploitation rights, in particular under copyright, design law, model law, database law, trademark law.
The Site, as well as the software, database structures, texts, information, information, information, information, analyses, analyses, images, photographs, graphics, logos or any other data contained on the Site remain the exclusive property of BEYABLE or, where applicable, of their respective owners with whom BEYABLE has concluded user agreements.
Under no circumstances may they be reproduced, used or represented without the express written authorization of BEYABLE under penalty of legal proceedings.
BEYABLE grants the User a non-exclusive and non-transferable right to use the Site as well as the original intellectual works and data contained on the Site. The right thus granted consists of (i) a right to consult online the original intellectual works and data contained on the Site and (ii) a right of reproduction consisting in the printing and/or saving of these original intellectual works and data consulted. This right of use is for strictly private use only. All other rights are expressly reserved by Beyable.In particular, without limitation, the user is prohibited from reproducing and/or representing, downloading, selling, distributing, transmitting, translating, adapting, exploiting, distributing, distributing, distributing, distributing, distributing and communicating in full or in part in any form whatsoever in any form whatsoever, commercial or not, any original intellectual work or data contained on the Site.The User is also prohibited from introducing data on the Site that will modify were or would be likely to modify the content or appearance of the data, presentation or organization of the Site or the works appearing on the Site, and by any process whatsoever.
SECTION 4. RESPONSIBILITY
BEYABLE cannot be held responsible for facts other than those relating to the publication of the Site. BEYABLE does not guarantee the availability or performance of the Site in any way. BEYABLE can only be held liable for proven fault and for direct and foreseeable damage, exclusively caused by a breach by BEYABLE of its obligations.
BEYABLE cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the Site due to unsuitable equipment, to malfunctions in the services of the Users' access provider, to those of the Internet network. It will be the same for all other reasons external to BEYABLE.
In addition, the User acknowledges that the characteristics and constraints of the Internet network do not guarantee the availability and the proper functioning of the Site. Consequently, BEYABLE does not guarantee that the Site will function without interruption or error.
BEYABLE cannot be held responsible for these interruptions in service or disturbances in operation.
The User declares to be well informed of the intrinsic characteristics of the Internet and in particular of the fact that (i) the Internet is an open network and that, as a result, the information it conveys is not protected against the risks of hijacking, of intrusion into its system, of pirating of the data, programs and files of its system, of hacking of the data, programs and files of its system, of hacking of the data, programs and files of its system, of contamination by computer viruses, and (ii) that it is up to him to take all appropriate measures in order to protect the data, files or programs stored in its system against contamination by viruses such as attempts to intrude into its system.
The establishment of hypertext links to all or part of the Website is strictly prohibited without the prior written authorization of BEYABLE.BEYABLE cannot, in any case, be held responsible for the content, data, products and various information offered through the websites to which hypertext links are made. In particular, BEYABLE disclaims any responsibility relating to websites whose data does not comply with the legal and regulatory provisions in force.
SECTION 5. PROTECTION OF PERSONAL DATA The personal data collected on the Website is subject to computer data processing whose manager is BEYABLE.
The concept of personal data refers to any information relating to an identified or identifiable natural person, i.e. a person who can be identified, directly or indirectly.
All personal data transmitted by the User in connection with the use of the Website is collected legally and fairly.
BEYABLE collects the User's personal data, such as identification data (name, email address and telephone), connection data (e.g. IP address) and internet data (e.g.: cookies, tracers, navigation data, audience measurements,...) .The purpose of the processing of personal data operated by BEYABLE is to use the Website, respond to Users' requests for information and allow the User to access to the demonstration platform.
BEYABLE may keep: • A history of requests made by the User, of the pages of the Website visited by the User and of the type of browser used by the User; • The content of e-mails sent by the User as well as the responses sent to him; • Audience measurements on the Website: number of pages viewed, number of visits to the Website, activity of the User, and frequency of return.
The User's personal data may, with his free, specific, informed and unequivocal agreement, be used to send him by post, electronic and/or telephone, information and commercial offers on the services offered by BEYABLE.
The User is informed that he may object, at any time and at no cost, to the sending of these commercial offers.
The recipients of this data are BEYABLE, in its capacity as data controller and the service providers authorized to process the data, such as its subcontractors. BEYABLE ensures compliance with data protection requirements for all its subcontracting companies.
The User has the right to access, rectify, delete and to the portability of data concerning him as well as the right to oppose receiving offers from BEYABLE. When sending commercial solicitations to the User, the User will be given the means to refuse to receive new offers from BEYABLE.
The User can define his instructions relating to the fate of personal data collected in the event of death.
To exercise his rights, he can contact BEYABLE by email at contact@beyable.com or by post to the address of the BEYABLE head office mentioned herein. In the event of non-compliance with his rights, the User may file a complaint with the CNIL.
The User may also contact the BEYABLE Data Protection Officer at the following address: dpo@beyable.com.BEYABLE reserves the right to require the payment of reasonable fees related to the administrative costs incurred in providing the information if the user's request is clearly unfounded or excessive. BEYABLE will endeavour to respond to requests within the time required by the RGPD.
In order to protect the privacy of Users, BEYABLE will also take reasonable measures to verify the identity of the user before giving him access to his personal information or correcting, modifying or deleting it. Any request can therefore be accompanied by a copy of your identity card.
By providing his telephone number, the User authorizes BEYABLE to call him by phone to offer his offers. For this purpose, the User is informed of the existence of a list of objections to telephone canvassing “Bloctel”, on which he can register.
BEYABLE only keeps Users' personal data for the time necessary for the operations for which they were collected and in compliance with the regulations in force. Identification data processed for commercial prospecting purposes are kept for 3 years from the last contact.
Some data may be kept for an additional period of time for the management of complaints and/or disputes as well as to meet legal or regulatory obligations or to respond to requests from authorized authorities.
SECTION 6. CUSTOMER SERVICE
For any complaint relating to the content of the Website, the User is invited to contact BEYABLE by email at contact@beyable.com. BEYABLE will make its best efforts to respond to any contact request sent by a User as soon as possible.
SECTION 7. APPLICABLE LAW AND JURISDICTION
Non-compliance by the User, regardless of his location, with any of the provisions of these Terms and, more generally, any difficulty relating to its execution, interpretation or validity, are subject to French law.
COMPETENT JURISDICTION — IN THE EVENT THAT BEYABLE AND THE PROFESSIONAL USER ARE UNABLE TO RESOLVE THEIR DISPUTE AMICABLY, THEY AGREE THAT THE PARIS COURT WILL HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE, NOTWITHSTANDING MULTIPLE DEFENDANTS OR WARRANTY CLAIMS, EVEN FOR EMERGENCY PROCEDURES OR PRECAUTIONARY PROCEDURES, IN SUMMARY PROCEEDINGS OR BY REQUEST.
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