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TERMS AND CONDITIONS OF USE

ARTICLE 1. ADHERENCE TO THE WEBSITE T&C

The ATTUNEO company (trade name "BEYABLE") publishes the website accessible at 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 T&C.

The T&C governs the access to and use of the Website. Any Internet user visiting the Website as well as any person communicating their personal data on the Website (the "Users") may refuse the T&C.

BEYABLE reserves the right to modify the T&C at any time. These modifications are binding for the User as soon as they are posted online. It is therefore recommended that the User regularly consult the T&C in order to take note of these new conditions.

BEYABLE recommends that Users print and keep a copy of the T&C for later reference.

These T&C were updated on 12/8/2018.

ARTICLE 2. USE OF THE WEBSITE

The User shall not, while browsing the Website, engage in any acts, of any kind, which would be contrary to the Law or would infringe upon public order, or upon the rights of BEYABLE or of third parties.

In particular, the User agrees, when browsing the Website, to respect the following non-exhaustive list of rules:

• Communicate accurate information;
• Not use a false identity to deceive others;
• Comply with the laws in force and respect the rights of third parties, as well as the present contractual stipulations;
• Respect the intellectual property rights of the content provided by BEYABLE;
• Use the Website in a loyal manner and in accordance with the legal and regulatory provisions and practices in force.

The User is also forbidden from accessing the Website or remaining on it fraudulently, hindering or altering its function, in particular by introducing viruses, Trojan horses, worms, logic bombs or any other program likely to cause damage to the Website and/or harm BEYABLE’S data.

ARTICLE 3. INTELLECTUAL PROPERTY

The Website, its contents and all the elements constituting it are creations for which BEYABLE is the holder of the entirety of the intellectual property rights and/or has obtained rights for use, in particular under copyright for text, drawings and models, databases and trademarks.

The Website, as well as the software, database structures, text, information, analyses, images, photographs, graphics, logos or any other data contained on the Website remain the exclusive property of BEYABLE or, where applicable, of their respective owners with whom BEYABLE has concluded agreements of use.

They cannot in any case be reproduced, used or represented without the written and express authorization of BEYABLE under penalty of legal proceedings.

BEYABLE grants the User a non-exclusive and non-transferable right to use the Website as well as the original intellectual creations and data contained on the Website. The right thus granted consists of (i) the right to consult the original intellectual creations and data contained on the Website and (ii) the right to reproduce a printout and/or backup of these original intellectual creations and data consulted. This right of use is for strictly private use only. All other rights are expressly reserved by BEYABLE. In particular, the User agrees not to reproduce and/or represent, download, sell, distribute, issue, translate, adapt, exploit, broadcast or communicate in whole or in part in any form whatsoever, whether or not for commercial purposes, any original intellectual creation or data contained on the Website.

The User is also forbidden from introducing data on the Website which would modify or would be likely to modify the content or the appearance of the data, the presentation or the organization of the Website or of the creations appearing on the Website, by any process whatsoever.

ARTICLE 4. LIABILITY

BEYABLE shall not be held liable for any acts other than those related to editing the Website. BEYABLE does not guarantee the Website’s availability or performance. BEYABLE can only be held liable for proven fault and for direct and foreseeable damage, exclusively caused by a breach of contract by BEYABLE.

BEYABLE shall not be held liable for the non-operation, impossibility of access or dysfunction of the Website due to incompatible equipment or dysfunction of the services of the User’s access provider, or those of the Internet network. The same applies to all other causes unrelated to BEYABLE.

In addition, the User acknowledges that the characteristics and constraints of the Internet network do not guarantee that the Website will be available and function properly. Consequently, BEYABLE does not guarantee that the Website will function without interruption or error.

BEYABLE shall not be held liable for these service interruptions or operating disturbances.

The User declares that they are well informed of the intrinsic characteristics of the Internet and in particular of the fact (i) that the Internet is an open network and that, consequently, the information it carries is not protected against the risks of diversion, intrusion into their system, piracy of the data, programs and files in their system, or contamination by computer viruses, and (ii) that it is up to them to take all appropriate measures to protect the data, files or programs stored in their system against contamination by viruses as well as attempts at intrusion into their system.

Setting up hypertext links to all or part of the Website is strictly forbidden without prior written authorization from BEYABLE.

BEYABLE shall not be held liable for the content, data, products and information offered through the websites with hyperlinks from the Website. In particular, BEYABLE declines all responsibility for websites whose data do not comply with the legal and regulatory provisions in force.

ARTICLE 5. PERSONAL DATA PROTECTION

The personal data collected on the Website is subject to data processing by data controller BEYABLE.

The notion 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 provided by the User in the context of the use of the Website is collected legally and fairly.

BEYABLE collects personal data from the User, such as identification data (name, email address and phone number), connection data (ex. IP address) and internet data (ex. cookies, tracers, browsing data, audience measurements, etc.).

Personal data processed by BEYABLE is intended for use of the Website, answering information requests by Users and allowing the User to access the demonstration platform.

BEYABLE may be required to conserve:

• A record of the requests made by the User, the pages of the Website visited by the User and the type of browser used by the User;
• The content of emails sent by the User as well as the answers sent to them;
• Website audience measurements: number of pages viewed, number of visits to the Website, User activity, frequency of return.

The User’s personal data may, with their free, specific, informed and unambiguous consent, be used to send them information and commercial offers for the services offered by BEYABLE by mail, email and/or telephone.

The User is informed that they may withdraw consent, at any time and without charge, for 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 subcontractors.

The User has a right of access, rectification, deletion and portability of their personal data, as well as a right to refuse receiving offers from BEYABLE. When sending commercial solicitations to the User, the User will be given the means to refuse receiving new offers from BEYABLE.

The User may decide the fate of their personal data in the event of death.

To exercise their rights, they may contact BEYABLE by email at contact@beyable.com or by mail at the address of the BEYABLE head office mentioned herein. If the User’s rights are not respected, they may file a complaint with the CNIL.

The User can also contact the Data Protection Officer at BEYABLE at the following address: dpo@beyable.com.

BEYABLE reserves the right to charge a reasonable fee for administrative costs incurred in providing information if the user's request is clearly unfounded or excessive. BEYABLE will respond to requests within the time limits required by the GDPR.

In order to protect User privacy, BEYABLE will also take reasonable steps to verify the User’s identity before granting access to, correcting, modifying or deleting the User's personal information. All requests must be accompanied by a copy of your identity card.

By communicating their telephone number, the User authorizes BEYABLE to call them by telephone with offers. To this end, the User is informed that a "Bloctel" list exists to prevent telephone canvassing, on which they can register.

BEYABLE only keeps the Users' personal data for the time necessary for the operations for which it was collected and in compliance with the regulations in force. The identification data processed for commercial prospecting purposes is kept for 3 years from the last contact.

Some data may be kept for an additional period of time for managing complaints and/or disputes as well as to meet legal or regulatory obligations or respond to requests from the competent authorities.

ARTICLE 6. CUSTOMER SERVICE

For any complaint relating to the content of the Website, the User may contact BEYABLE by email at contact@beyable.com. BEYABLE will do its best to answer any contact request sent by a User as soon as possible.

ARTICLE 7. APPLICABLE LAW AND JURISDICTION

If the User, regardless of their location, fails to comply with any of the provisions of these T&C and more generally any difficulty relating to their execution, interpretation or validity, are subject to French law.

JURISDICTION - IN THE EVENT THAT BEYABLE AND THE PROFESSIONAL USER ARE UNABLE TO RESOLVE THEIR DISPUTE AMICABLY, THEY AGREE THAT THE COURT OF PARIS SHALL HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD PARTY CLAIMS, EVEN FOR EMERGENCY OR PROTECTIVE PROCEEDINGS, IN SUMMARY PROCEEDINGS OR BY PETITION.

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