GENERAL CONDITIONS OF SUBSCRIPTION AND USE OF THE TIMEKO SERVICE (PROFESSIONALS)
Article 1 – Identity
- The company LINKAVIE
The TIMEKO service editor (www.timeko.fr) is the company LINKAVIE , SASU with capital of 15 000 €, registered with the RCS of Aix en Provence under the n ° 804 953 958 whose head office is 455, rue de la Grande Tousque – 13100 Aix en Provence. The phone number is 04 133 401 10, the contact email firstname.lastname@example.org. The VAT number is FR35 804 953 958 The Publishing Director is Mr Thomas LUQUET.
TIMEKO Cloud services are hosted at Amazon Web Services (http://aws.amazon.com/en/ ) in Paris for customer production environments. European Headquarters of Amazon Web Services: 31-33 Rives de Clausen L -2165 Luxembourg Tel : +352 27 89 0605 United States : 1200 12th Ave S, Seattle, WA 98144 Tel: +1 (888) 280-3321
Article 2 – Purpose The purpose of these general conditions is to define the conditions in which the customer can benefit from the TIMEKO service. to send messages waiting for YES / NO answers or information to external users, see internally from the TIMEKO platform web access, through different communication channels proposed by TIMEKO, as defined below.
Article 3 – Definitions Customer : Company, association, club, works council, union or any other professional or subscribing person the TIMEKO Cloud Services
Administrator(s) : Person(s) who define(s) the Operating Rules and Usage Parameters of the TIMEKO Cloud Service by the users: Management of the rights of access to the contents, management of the users etc …
Community : TIMEKO message sending client space (information or Yes / No messages) between users defined or invited by the Administrator (s) governing the operating and access rules within this space or to destinations of external users.
Communication channel : medium or web or mobile application to receive TIMEKO messages. The communication channels available are : Email, Facebook Messenger, SMS.
Contents : this includes all data, information, files, texts, images, video, audio, codes, logos, drawings etc …
User (or internal user) : Any natural person connecting to the service and using the service as a community administrator, manager or a simple user. The user, according to the license subscribed by the community administrator and the rights assigned to it by the community administrator to which the user connects, can send messages to external or even internal users, respond to messages, create news, via the TIMEKO web application. He can also define his preferences of Channel of communication and thus to receive messages and actualities and to react there, via the channel (s) of available communications (emails, Facebook messenger etc.) and chosen. His rights on the collaborative space are governed by the role assigned to him (Administrator / Manager / User). Any user is attached to one or more Agencies / Sites. Its rights are directly linked to the agencies / sites to which it is attached. A user (except the administrator who has all the rights) cannot perform operations related to agencies / sites to which he is not attached.
External user : Anyone solicited by an internal User (as defined above) and having agreed to this User or the Customer, and in fact attached to the community, to receive information or to answer Yes or No to messages sent by the User via the Communication Channel of his choice. An external user receives his first TIMEKO message by email or SMS, according to the method chosen by the sending user from the TIMEKO application, before he can access a ‘preferences’ web page allowing him to define his communication channel at any time for receiving TIMEKO messages, or even deactivating all Channels so that they no longer receive TIMEKO messages for the concerned Community, temporarily or permanently. An external user has an account created TIMEKO, with an identifier (email or mobile number), but is not registered with a password. Access to the TIMEKO service via the web application is not possible for an external user. Any external user is associated when receiving a message to one or more agencies. It is visible and administrable by the internal users attached to the same agency as him.
Agency : An agency, in TIMEKO is a site, an office, a place belonging to a legal entity of the Customer, which uses TIMEKO to send message campaigns corresponding to its activity or recruitment specialty. In the TIMEKO application, an agency is defined by the administrator. Recruitment actors can exercise in different ways. In the event that the Client exercises through several agencies located on different sites then a site corresponds to an agency. In other cases, several agencies of the same client can be grouped together within the same site. However, each agency has a different activity than the other. In this case, and within the meaning of these general conditions of use, an agency corresponds to an activity. In any case, One license per agency includes a maximum of five (5) users, unless otherwise specified in the quote. An internal user is attached to one or more agencies. He has visibility on all internal and external users attached to his or her agencies.
Article 4 – Services offered by the TIMEKO service TIMEKO (www.timeko.fr) is a messaging system that allows registered Customer users to send Yes / No messages or news / information to external users primarily, with the ability to send messages to internal users as well. The recipients (users or external users) of information messages receive these messages via the communication channel of their choice, defined in their preferences page. Short Yes / No message recipients can also reply to the message with Yes or No. The sender of the message then receives in his personal space, associated with the message sent, a list of people who answered Yes, those who answered No, those who answered something else or those who did not answer. These answers allow him to contact the intended recipients to finalize the exchange and validate a decision or directly make an operational decision. TIMEKO facilitates decision- making, and operational performance within a community. A User sends messages to other Users of his or her Communities or to External Users who are then attached to the Issuer User’s community. Access to the service is done by authentication (username / password) and using the available networks on the computer. The Customer who subscribes to the service is then administrator of his community. The TIMEKO service allows: 4.1. For the community administrator:
- To add users (Users and External Users) to the community. For Users, an invitation is sent to guests who can accept to join the community on TIMEKO or not. The latter are then TIMEKO users for the community managed by the administrator, according to the role assigned by the administrator (default simple internal user). For External Users, they are simply created with their known identifier (email or mobile number), no message is sent to them. An External User can also be created by any User who sends him a first TIMEKO message, which already allows him to set his Communication Channel preferences or to interrupt any communication from the sending community.
- To define the role of users as administrator, manager or simple community user. These defined administrators have the same rights as the initial community administrator.
- To define agencies or sites. Such an Agency / Site type entity tag makes it possible to create a communication group. Users can only see external users from the same site / agency or can send messages to new external users by attaching them to their agencies / sites.
4.2. For the Community User :
- To send short messages to external users attached to the same agencies / site as him, which can be associated with attachments (photos or even documents).
- To view consolidated responses (YES, NO, Unanswered, etc.) from their own created and sent messages, or from those created and sent by the agency (s) / sites to which the user is attached.
- To react / Answer YES or NO to a message received on one of its defined communication channels. A short comment can then be associated with the response when the response is made from the SMS channel.
- To call directly by telephone a user who has answered or not to one of his created messages and sent.
- To create a news.
- To send TIMEKO messages to External Users if they have explicitly consented to receive such messages from the user or his / her community (Customer). Customer must do its utmost to obtain the full and complete support of its external users to receive messages from its TIMEKO Space.
- To delete / archive a message and the associated responses
- To access the history of deleted messages (then kept 365 days).
- To access visible contacts (including contact information such as first name, last name, email, phone number, etc.) of the community, visibility governed by Community Administrators through the use or otherwise of labels entities.
All users of a community see all external users (and associated contact information) of the community associated with the same agency / site. For a Community Manager : A community manager has administrator rights, restricted to the agencies / sites to which he belongs. For the external community user :
- To react / Answer YES or NO to a message received on the Communication Channel of your choice. A short comment can then be associated with the response when the response is made from the SMS.
- To change his/her communication preferences with the sending community or stop receiving messages if he/she wishes.
External Users in a community have no visibility on the Users or other External Users (and associated contact information) of the community. 4.3. Mandatory creation of a user account (internal users) In order to access TIMEKO services, the customer must first create a user account. This account, created online (if available) or by LINKAVIE teams, gives access to all subscribed features. Article 5 – Coming into force and duration of subscription or subscription to the service 5.1. Coming into force This subscription contract will come into effect from the day of the order and the creation of the customer community in the TIMEKO web application by the Customer or by LINKAVIE. 5.2. Duration of the subscription The duration of the subscription depends on or TIMEKO service (s) subscribed. 5.2.1. Duration of the subscription shipping (POC) LINKAVIE may make the TIMEKO platform available to the Customer for a test (POC) for a limited time. A TIMEKO test is concluded for a duration of 1 month, except specific agreement mentioned on estimate and signed by the Customer. The Customer may terminate it in accordance with the terms and conditions set out in article 14.1 of these general conditions of sale. 5.2.2. Duration of the subscription pay For subscriptions paying (Subscription user licenses or agencies), the Customer has the choice to commit for a period of one (1) year, two (2) years or three (3) years, except specific duration defined on the quote signed by the customer. The subscription will be renewed by tacit agreement, unless otherwise specified in the quote signed by the Client, for a period identical to the initial period unless terminated by one of the Parties by registered letter with acknowledgment of receipt one (1) month before the end of the contractual period. During his subscription (free or paid), the Customer may subscribe to message packs (SMS or Multi-channel), independently of his subscription, which will feed a credit of messages that can be used by users of the community to send YES or NO communications or messages to the rest of the community or External Users. Each message (excluding SMS) sent counts for 1 credit consumed. For SMS, the number of credits consumed per message for each recipient whose SMS channel is chosen is calculated, according to the size of each message, the country of destination and the SMS tariff applied for each country ( Rate grid specified in the quote signed by the client). SMS credit is dynamically reduced according to consumption, and is available to the administrator in his TIMEKO space. An SMS credit is also consumed each time an operation (Change of password or change of mobile) requires the sending of a verification message by SMS.
Article 6 – Creation of the account 6.1. Registration terms In order to use the TIMEKO service, available on the website www.timeko.fr , the Customer must register online (if available) or through a LINKAVIE administrator. The Customer must complete the online form including information name, first name, email, mobile phone, and a password and a community name. This procedure can also be carried out by a LINKAVIE administrator who will create the customer account, after signing a quote / contract, in the TIMEKO Back-office. Fields followed by a star (or defined above) must be completed. Otherwise, registration cannot be taken into account. The customer agrees that the information provided is accurate and kept up to date via his personal online space. In the case of an online registration (only if available), a concomitant email is sent by the TIMEKO service to confirm the registration request. The customer can only benefit from TIMEKO online services after confirmation of the registration request. After all online registration, the customer is notified via the TIMEKO web interface of the sending of a confirmation email. This email contains a link on which the customer must click to confirm the authenticity of his registration. Confirmation of registration then gives access to TIMEKO services. This confirmation action is not limited in time, but access to the TIMEKO service can only be opened after confirmation of online registration or after registration by the TIMEKO administrator via the TIMEKO Back-Office. When the client authenticates and tries to access his TIMEKO web space without having confirmed his registration, a message will be presented, indicating the impossibility to connect. Once the registration request has been confirmed, the Customer has its TIMEKO space and the services subscribed according to the license subscribed. The Client can then invite members of his community or create members of his community. 6.2. Login and password to access the TIMEKO web or mobile app The customer as well as each User member of the community has a user account with an ID and a password. The username and password are strictly personal. The loan or transfer of the username and password to any third person is prohibited for any reason. The user is therefore solely responsible for maintaining the confidential nature of his username and password. In case of unauthorized use of his username and / or password or the forgetfulness of his password, the customer must follow the procedure indicated on the website www.timeko. fr On the occasion of subsequent visits, each user must expressly indicate his username and password to access his account.
Article 7 – Obligations and responsibilities of the Customer
7.1. The Customer, as well as any user of the TIMEKO application, undertake not to:
- To impersonate others, which constitutes a criminal offense;
- Breach the content of the site timeko.fr, www.timeko.net, and www.linkavie.com;
- Not to attempt to smuggle into the TIMEKO service databases (Front-End , Back-end , database );
- Do not try to smuggle in the online spaces of other TIMEKO Service Customers;
- Threaten, harass or intimidate a user;
- Providing viruses and / or other technological systems that may affect the TIMEKO service or other users.
- Send TIMEKO messages to external Users who have not specifically requested or actively granted them, specifying the different possible channels for sending messages, in accordance with the framework set by the RGPD (General Regulation on the Protection of Data) of May 25, 2018. The Customer must ensure that all Internal Users authorized to send messages to External Users are informed on this point.
- Do not send advertising or marketing messages via the Facebook Messenger communication channel, because it is not authorized by Facebook (The Customer must ensure that all Users authorized to send messages to others Users or External Users are informed on this point). To note: In case of use that does not comply with the rules defined by Facebook (and which the Client certifies to have read) regarding the use of APIs and bots (robots) Facebook messenger, used when sending TIMEKO messages via the Facebook messenger Communication Channel, the Client understands that his Facebook page and the messenger application created by him and thus used in connection with the use of TIMEKO could be blocked, disabled or deleted by the Facebook company. The Client understands and agrees that this would then make it impossible to use the Facebook messenger communication channel. LINKAVIE cannot in any way be held liable for direct or indirect damages suffered by the Customer who has not complied with the rules defined by the Facebook Company. No action could be taken against LINKAVIE.
- Not to make use of the personal data of the users (internal and external), first name, last name, email, mobile number and other free text fields of the user profile, which would be contrary to the framework fixed by the ‘General Regulation on Data Protection’ (RGPD).
- Do not oppose the request of a user, internal or external, to obtain the list of personal data stored in the TIMEKO database or to delete the data concerning him.
The customer, or all of it user of TIMEKO application, is responsible for any damage of any kind, material and / or immaterial, direct and indirect caused to third parties and to LINKAVIE because of the illegal use or exploitation of the TIMEKO platform. The Customer agrees to inform LINKAVIE, as soon as possible, in the event that content has been deleted or deleted accidentally either directly or indirectly by the customer.
7.2. contents By content, you have to understand : any data, information, file, text, image, video and audio, code, navigation element, domain name, hyperlink, logo and drawing. The customer, or any TIMEKO user agrees not to upload or post messages with content :
- Contrary to public order and morality ;
- Infringing the right to the image and the privacy of others ;
- Infringing an intellectual property right of a third party (trademark, copyright, designs). Counterfeiting being repressed by 3 years of imprisonment and 300.000 € of fine ;
- Which would constitute a violation of the provisions of the law of July 29, 1881 on the freedom of the press (insult, defamation …) ;
- Pornographic character of a minor and in general any act related to pornographic or indecent content in all cases where minors are likely to have access ;
- A fascist, xenophobic, racist or sectarian character ;
- Malicious, vulgar, obscene, fraudulent ;
- Words and / or images that insult, humiliate or violate the privacy of a person ;
- likely to undermine respect for the human person or his dignity, equality between women and men, the protection of minors ;
- Encouraging, containing or provoking discrimination, insult, hatred or violence against a person or group of persons, in particular because of their origin, ethnicity or ethnicity , a nation, race, religion, disability, sexual preference, or any other difference ;
- glorifying or denying or questioning war crimes and / or crimes against humanity (revisionism) ;
- encouraging the commission of crimes or the trade in and consumption of illegal substances, prostitution, terrorism, sexual assault, theft, suicide, violence, deliberate damage and deterioration dangerous to people authority of justice ;
- dealing with the right of personality (invasion of privacy, disclosure of an image without the authorization of the person, disclosure of private and / or personal data …)
The customer is prohibited from making unsolicited commercial advertising (spamming) or the promotion of a product and / or a service particularly in favor of tobacco and / or alcohol whether directly or indirectly . 7.3. Photographs and videos The Customer or any User has the opportunity to illustrate his profile with a photograph. The Customer or any User has the ability to share photographs or videos via TIMEKO messages. The customer and any user of TIMEKO declares and guarantees that he has the rights to the photograph (s) and / or video (s) chosen and downloaded (s) or imported on the TIMEKO platform. He therefore undertakes that the photograph or video does not infringe the right to the image and the privacy of a third person, the copyright and generally to all rights of a third party. It is expressly forbidden to publish the image or video of a person without his or her consent or any content likely to infringe the private life of a person without his authorization.
Article 8 – Obligations of LINKAVIE LINKAVIE is committed to implementing all means to best ensure the provision of TIMEKO platform services. The service may be interrupted due to maintenance operations. LINKAVIE will inform the customer on the home page of the TIMEKO platform or by email. The responsibility of LINKAVIE cannot be engaged. In the event that a content has been deleted or deleted by a customer, directly or indirectly, LINKAVIE undertakes to communicate the deleted content within 2 working days for a volume of less than 5 GB and 5 working days maximum for higher volumetrics from the receipt of the Customer’s request. Beyond 5GB, this data recovery service deleted by the customer will be charged the time spent. In the absence of a request from the client, the liability of LINKAVIE cannot be engaged.
Article 9 – Limitation of Liability – Repair In the event that LINAKVIE’s liability is incurred (direct damages), it will be limited, for all causes and all damages, to a maximum, fixed, irrevocable and definitive sum:
- 300 € under the free subscription (POC)
- An amount corresponding to 6 months of subscription (user licenses or agencies) as part of the paid subscription
Article 10 – Exemption from liability LINKAVIE can not be held liable for any non-performance or delay in the performance of its services when such non-performance or delay is due to the Customer or to one of its users (User or External User) or a case of force majeure (including blockage, failure of telecommunications networks, insurrections, civil war, war, military operations, national or local state of emergency, fire, lightning, explosion, strike, flood, storm, made by a third party). LINKAVIE will not be liable for any indirect damage whatsoever, whatever the cause, of any direct or indirect intangible damage whatsoever, whatever the cause, possibly suffered by the Customer, such as, to For example and without limitation, profit losses, operating losses, loss of profit, loss of income, business losses, business losses, customer losses (including reputation and branding) or expected savings. The Customer agrees to waive all recourse against LINKAVIE and its insurers beyond the limits and exclusions provided for in the general conditions of use, and agrees to renounce his insurers in the exact the same conditions. The contents posted by the Customer are made on its sole control, LINKAVIE does not intervene in the choice of the content of its client, its responsibility cannot be engaged in this respect.
Article 11 – Reporting illegal content The Customer, User or External User who believes that content is illegal undertakes to inform LINKAVIE as soon as possible so that LINKAVIE can read it and take the necessary measures. To this end, LINKAVIE informs the Client and the users that a form is put online in the section entitled “ CONTACT » of the site www.timeko.fr. In the “Object” category, the Customer or User will indicate, “Report an illegal content “. The Customer or User must provide the following information :
- The date of notification ;
- His name and surname ;
- His home ;
- Her nationality ;
- His date and place of birth ;
- The description of the facts at issue and the precise location of the unlawful content concerned ;
- The reasons why the content must be removed including the legal provisions and the justifications for the facts :
- The copy of the correspondence sent to the author of the content requesting the interruption, withdrawal or modification of the said content and the justification that the author could not be contacted.
The Customer or user certifies that the information provided in the notification form is accurate. The Customer and any user is expressly informed that “ the fact, for any person, to present a content or an activity as being illegal for the purpose of obtaining the withdrawal or to stop the diffusion, whereas she knows this information inexact, is punished with a penalty one year imprisonment and a fine of € 15,000 “(Article 6-I-4 of the law LEN n ° 2004-575 of June 21, 2004).
Article 12 – Right of access or deletion of data To this end, LINKAVIE informs the Client and the users that a form is put online in the section entitled “ CONTACT » of the site www.timeko.fr. In category “ Object ” The Client or User will indicate, “Delete my user account.” The Customer undertakes, as part of the new RGPD regulations, to inform users and external users of these procedures available and implemented by TIMEKO to comply with the objectives and guidelines of the RGPD.
Article 13 – Financial conditions
13.1. The price LINKAVIE offers different service packs to its customers.
- Paid service packs, by subscription. The payment of these subscriptions may be made for the subscription period or on a monthly basis, according to a different fee schedule, as defined in the quote signed by the Customer. A commissioning fee may also apply. A personalized estimate is then sent to the client, which he accepts by signature with the mention “ Good for agreement “.
- Message credit packs (SMS or Multi-channel) that can be subscribed as part of a free or paid subscription.
Prices are shown excluding taxes (HT) and are increased by the VAT in force.
13.2. The terms of payment The customer has the possibility to pay the subscription to the TIMEKO platform or subscriptions to the message packs by credit card for services available online (if available), or by check, by bank transfer (The bank details are then transmitted with the personalized quote) or SEPA mandate. 13.3. Billing An invoice will be issued within 5 days of the date of subscription or signature of quote or order form and will be sent to the customer in pdf format by email. For monthly subscriptions, a monthly invoice will be sent to the customer at the beginning of the month for the subscription of the current month. Invoices are in any case payable 10 days from the date of issue. 13.4. Delay or failure to pay If the payment was not honored for any reason whatsoever, the delay or the non-payment will result automatically and without prior notice, the production of interest from the date of payment at the rate of 4 times the legal interest rate. The Customer will also be liable for a lump sum indemnity of 40 € for the recovery costs. LINKAVIE may suspend the subscription for a period of one (1) month. If at the end of this period, the payment has not been made, the Client’s account will be closed, without prior notice and without this incurring the liability of LINKAVIE or entitlement to compensation for the benefit of the Client.
Article 14 – Non-compliance with the general conditions In case of non-compliance with one of the clauses of these terms and conditions, LINKAVIE reserves the right to close the customer’s account without notice. LINKAVIE will send an informational e-mail to the customer. The customer will not have the opportunity to register again under the same name or an assumed name. Otherwise, he exposes himself to legal proceedings. The closure of the client’s account will be without prejudice to any damages that LINKAVIE may claim in compensation for any loss. The customer will have to organize to recover all the content posted on the TIMEKO platform.
Article 15 – Termination
15.1. Termination of the free subscription Either party may terminate the free subscription without any reason by registered mail with acknowledgment of receipt upon fifteen (15) days notice. At the end of this notice, the subscription will end automatically without any other formality. The Customer is however informed that the termination of the free subscription causes the deletion of the community account and that all users associated with this community will no longer be able to benefit from the TIMEKO service on this community.
15.2. Early termination of the paid subscription In the event of non-fulfillment of one of the obligations stipulated in the contract by one or other of the PARTIES, the contract may be terminated prematurely by the injured party. It is expressly agreed that this termination will take place by right THIRTY (30) days after the date of receipt or the date of first presentation of the letter of formal notice to execute, remained in whole or in part, without effect. The formal notice may be notified by registered letter with acknowledgment of receipt or by extrajudicial act. The termination will be automatically without the need to have it ascertained by a court decision
Article 16 – Consequence of the end of the subscription At the end of the subscription for any reason whatsoever, the Customer’s account will be closed with all the deleted content of the TIMEKO service servers. The Customer must take the necessary measures to retrieve the content posted on TIMEKO before the end of the subscription. Customer understands and agrees that closing the account will prevent access to the TIMEKO service by Internal Users, and all user accounts and community content will be deleted within 15 days. LINKAVIE would not be responsible for any direct or indirect loss suffered by the Customer, the Users and External Users of the community due to the closure of the account in case of termination or end of subscription. It should be noted that any subscription to a pack of messages (SMS or Multichannel) not completely consumed, will not be subject to any refund in case of early termination.
Article 17 – Confidentiality The Parties undertake, throughout the duration of the Contract, to observe and enforce the absolute secrecy of their reciprocal activities of which they may be aware and undertake not to communicate to anyone in any form whatsoever. or, no information about it without the prior consent of the other Party. Each of the two Parties agrees to consider as confidential all information that will be transmitted to it by the other Party, regardless of the medium used (papers, drawings, media, etc …) or the form of this transmission. Each of the two Parties undertakes not to divulge any confidential information of a technical, industrial, commercial or financial nature to a third party without the prior written consent of the other Party. In any event, each of the two Parties undertakes not to use this information for any other purpose than the proper execution of the general conditions of use. At the end of the Contract, each of the two Parties undertakes to return to the other Party all the documents, documentation and data on computer media and any copies that may have been made of them. However, the following information is not considered confidential:
- available to the public on the date of its communication by the transmitting Party to the receiving Party, or which would become so after that date and without fault by the receiving Party ;
- already known to the receiving Party at the time of its communication by the issuing Party ;
- transmitted to the receiving Party with the express consent of the Party issuing the obligation of confidentiality ;
- obtained by the receiving Party through independent internal developments undertaken in good faith by members of its staff who did not have access to the confidential information, which the receiving Party has to prove.
Accordingly, each Party undertakes to ensure that the confidential information:
- shall be transmitted only to the members of its personnel and to any subcontractors who have to know it for the execution of these presents in the exercise of its functions and previously informed of their confidential nature and that this information is not used by them only in the context of the implementation of the services subject of the general conditions of use ; each Party may also transmit the confidential information and this Contract to its insurance company, its councils, its auditors, the tax and social bodies in case of control, provided that the recipient is informed of the commitment of confidentiality and in the context of litigation.
- are protected and kept strictly confidential and are treated with the same degree of care and protection it grants to its own confidential information of similar importance ;
- not being used for purposes other than those covered by the performance of the Contract;
- are not disclosed or likely to be disclosed directly or indirectly to any third party and / or subcontractor without the same or similar confidentiality and scope of the same terms and conditions as stipulated in the Agreement.
Article 18 – Personal data
Personal data : any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”) ; is deemed to be an “identifiable natural person” a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to its physical, physiological, genetic, psychic, economic, cultural or social identity.
Processing : Any transaction or set of transactions that may or may not be performed using automated processes and applied to data or sets of personal data, such as the collection, recording, organization, structuring, processing, preservation, adaptation or modification, extraction, consultation, use, transmission, dissemination or any other form of making available, reconciliation or interconnection, limitation, erasure or the destruction.
File : Any structured set of personal data accessible according to certain criteria, whether that set is centralized, decentralized or functionally or geographically distributed.
Processing Manager : The natural or legal person, public authority, service or other body which, alone or in conjunction with others, determines the purposes and means of the processing.
Subcontractor : The natural or legal person, public authority, service or other body that processes personal data on behalf of the controller.
Recipient : The natural or legal person, public authority, service or any other body that receives personal data, whether from a third party or not.
18.1.1. Personal data collected and processed by LINKAVIE
a) The processing Manager
The controller is LINKAVIE 455, rue de la Grande Tousque – 13100 Aix en Provence, represented by Mr Thomas LUQUET.
b) The collected data
18.1.2. The quality of LINKAVIE’s subcontractor Within the framework of these general conditions of sale, LINKAVIE, the subcontractor (defined as subcontractor of data processing within the meaning of the legislation / regulation referred to below), performs, on behalf of the Customer (defined as responsible for the purposes of the legislation / regulation referred to below), the personal data processing operations defined below. In accordance with article 35 of the law n ° 78-17 of January 6th, 1978 known as the ” Informatique et Libertés ” law, LINKAVIE is a subcontractor of the Customer and can not intervene on the data only on instructions of the Customer, in charge of the processing. As a subcontractor, LINKAVIE must provide sufficient guarantees to ensure the implementation of the security and confidentiality measures imposed by Law No. 78-17 of 6 January 197 8 and the “RGPD”.
a) Obligations of the subcontractor vis-à-vis the controller
As a subcontractor, LINKAVIE is committed to:
- Process data only for the purpose or purposes that is / are the subject of outsourcing and not to use the data for its own account or for the account of a third party ;
- Process the data in accordance with the instructions of the Customer and these clauses ;
- Inform the Client immediately if, in his opinion, an instruction constitutes a violation of the abovementioned texts or other provisions of Union or positive internal law relating to data protection ;
- Ensure that persons authorized to process personal data under the contract undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality .
- Take no copy of the documents and information media entrusted to it, except those necessary for the performance of this service provided for in the Contract, the prior agreement of the master of the file is necessary ;
- Do not use documents and information processed for purposes other than those specified in this Agreement ;
- Do not disclose these documents or information to other people, whether private or public, physical or legal ;
- Take all measures to avoid any misuse or fraudulent use of computer files during the execution of the Contract ;
- Take all security measures, including physical, to ensure the preservation and integrity of documents and information processed during the term of this Agreement ;
- Take into account, AGISS has nt tools, products, applications or services, the principles of data protection by design and data protection by default ;
- Implement and maintain appropriate technical and organizational measures to ensure that the processing guarantees the protection of the rights of the persons concerned and complies with the above-mentioned texts by taking, in particular, all the security measures required under the Article 32 of the aforementioned Regulation throughout the execution of the contract.
- At the end of the contract, proceed to the destruction of any manual or computerized files storing the information entered by the Customer.
The Client is informed that LINKAVIE uses subcontractors to offer its services through the TIMEKO application. The subcontractors concerned are :
– Firm accountant (France) : The firm accountant of LINKAVIE accesses data of Marital Status to manage bills LINKAVIE Clients . The data are kept for the same duration as the accounts, about 18 months maximum on the main file, then archived by year in folders noted archives. The firm preserved e 10 years of accounting, tax and social data. These data are located in France. – Publisher email software Marketing (France) : LINKAVIE uses an email marketing software developed by a French publisher and whose hosting of data is carried out in France and Europe. Vital registration data is stored whenever a user subscribes to the LINKAVIE or TIMEKO newsletter. A user can unsubscribe at any time.
– AWS Europe in its Datacenter of PARIS, France, for the hosting of the TIMEKO cloud solution. The data concerned are the civil status data of the customer who has created his account and all the data that can be entered through the TIMEKO application by the Customer . The data may in some cases be transferred to the USA as part of the US Patriot Act .
– IT manager (France) for the following purpose : Outsourcing of the TIMEKO Datacenter infrastructure. The facilities manager, expert Devops solutions and outsourcing cloud infrastructure, is in charge of maintenance in operational conditions of TIMEKO platform monitors the services and backup systems. It provides secure access to servers and databases for system maintenance and monitoring.
– OOO CODE TIBURON, (Ukraine for the following purpose : Development and maintenance of Cloud TIMEKO solution , under the direction of LINKAVIE . The subcontractor accesses systems managed by the outsourcer to deploy source code updates, perform maintenance operations, and access the database punctually when solving critical problems. These accesses are allowed from time to time by the outsourcer, under the control of LINKAVIE and after application to LINKAVIE by OOO CODE TIBURON. These accesses are limited in time and have the sole purpose of ensuring a high level of service. Finally, each request is traced in a ticket management tool managed by the outsourcer.
– Publisher email software Marketing (France) : LINKAVIE uses an email marketing software developed by a French publisher and whose hosting of data is carried out in France and Europe. This email marketing solution is used via APIs editor to send messages by email TIMEKO channel. Each customer then has a dedicated sub-account.
– Telecom Operator (France): For sending SMS, LINKAVIE relies on a French Telecom operator whose hosting centers are in France. Only the mobile numbers do not pass the operator Telecom, to ensure the good deliverability of messages through the SMS channel.
– Facebook (US) : For sending messages via the Facebook messenger channel, activated on the initiative of message recipients. The personal data of the recipients are already and already on Facebook by the recipient’s subscription TIMEKO messages via Facebook Messenger. No personal data of TIMEKO not already present on Facebook, n is transferred to Facebook, the user simply allows TIMEKO application to access their Facebook account so that the application can TIMEKO recover its Facebook Messenger ID to allow the send TIMEKO messages via this channel. Naturally, LINKAVIE takes appropriate measures to maintain an appropriate level of confidentiality and security of personal data during the transfer and upon receipt thereof. LINKAVIE requires all its subcontractors to implement all appropriate technical and organizational measures, on an ongoing basis, to secure personal data and provide them with the same level of protection as that required by European and French regulations. personal data. For these subcontractors, LINKAVIE has put in place standard contractual clauses adopted by the European Commission between the controller and the subcontractor. For other subcontractors, LINKAVIE ensured that the latter had a personal data management policy compliant with the RGPD.c) Information of the persons concerned
The subcontractor at the time of the data collection via the TIMEKO application, must provide the persons concerned with the processing operations the information relating to the data processing that he carries out.
d) Exercise of the rights of persons
To the extent possible, the processor should assist the controller in fulfilling its obligation to respond to requests for the exercise of the data subject’s rights: the right of access, rectification, erasure, opposition, right to limitation of processing, right to portability of data, right not to be the subject of an individual automated decision (including profiling). If the data subjects apply to the subcontractor for the exercise of their rights, the subcontractor will send the requests as soon as they are received by e-mail to his contact person of the client company within a maximum of 3 working days from receipt of the request. In the event of control of the CNIL or any intervention by sworn agents on the basis of the aforementioned law n ° 78-17, to make available to the customer a competent person to provide assistance within the given deadlines, to the extent of which is materially possible .
e) Notification of personal data breaches
The subcontractor notifies the controller of any violation of personal data within a maximum of 4 hours after having read it and by email : This notification is accompanied by any useful documentation to enable the controller, if necessary , to notify this violation to the competent supervisory authority. Finally, the subcontractor declares to keep in writing a register of all categories of processing activities carried out on behalf of the controller including : – the name and contact details of the controller on whose behalf he acts, any subcontractors and, where appropriate, the data protection officer ; – the categories of processing carried out on behalf of the controller ; – as far as possible, a general description of the technical and organizational security measures, including, inter alia, as appropriate :
- The e encryption flow ;
- Securing access to the system
- Means to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services ;
- Means to restore the availability of personal data and access to it in a timely manner in the event of a physical or technical incident ;
- A procedure to test, analyze and regularly evaluate the effectiveness of technical and organizational measures to ensure the safety of processing.
f) Data output
At the end of the service, LINKAVIE undertakes to delete personal data within a maximum of 10 days following the end of the service.
g) Obligations of the controller (the Client)
The Customer agrees to : – Provide the subcontractor with the information needed for processing – Document in writing any instructions regarding the processing of data by LINKAVIE – Ensure, before and during the duration of the contractual relationship, compliance with the obligations of the European Data Protection Regulation by LINKAVIE ; – Supervise the processing. The processing Manager will be able to perform his audits as well as inspections of LINKAVIE, at its expense.
18.2. The customer The Customer will make his case to comply with the RGPD and the law of January 6, 1978 with its customers and users. The Customer undertakes to comply with the applicable legislation / regulation applicable to the processing of personal data.
Article 19 – Cookies Cookies are cookies indicating a text file that can be saved, depending on your choice, in a dedicated area of your device. When browsing the site timeko.fr and / or your connection to the application Timeko, cookies may be installed and stored in cookie files installed on your device namely :
- An authentication cookie (TIMEKO application)
- An audience measurement cookie (website timeko.fr)
19.1. Shared use of your device LINKAVIE cannot be sure that the services intended for the Client’s terminal correspond to its own use of this terminal and not to that of another user of this terminal. The sharing with others of the use of the Client’s terminal and the configuration of the browser settings for cookies, are the free choice of the Customer and his responsibility.
- 2 . Your choices regarding cookies depending on the browser used
- To accept all cookies
- To refuse all cookies
- To refuse certain cookies according to the issuers
Only the authentication cookie is required for the TIMEKO application. You can request that the authentication cookie be uninstalled by sending an email to the following address : email@example.com . However, you are informed that when the authentication cookie is uninstalled, you will not be able to access and use the TIMEKO application without this cookie being installed again. In order to configure your browser, you need to refer to the help menu of your browser.
- Firefox ™ https://support.mozilla.org/en/kb/activate-deactivate-cookies-preferences
- Chrome ™ https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
- Internet explorer ™ https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
- Safari ™ https://support.apple.com/kb/ph21411?locale=en_US
- Opera ™ http://help.opera.com/Windows/10.20/en/cookies.html
19.3 Social networks
- The TIMEKO website showcase (www.timeko.fr) uses social networking plug-ins, including Twitter® and Facebook® operated by Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA.
- If the user interacts with the TIMEKO web site’s website plug-ins, the information related to the TIMEKO site navigation and its membership in these networks will be transmitted and recorded on a server of the company which exploits the social network in question and shared according to the parameters of the user’s user account on these social networks and this, in accordance with the conditions of use of the social network concerned.
- If the user does not want the social network concerned to link the information collected via the TIMEKO site to his user account, he will have to disconnect from the social network before visiting the TIMEKO website.
- The user is expressly informed that the use of these plug-ins or buttons is operated by these social networks and subject to the conditions linking the user and the social network of which he is a member.
Article 20 – Retention of identification data In its quality of hosting of contents and in accordance with article 6-II of the law on confidence in the digital economy n ° 2004-575 of June 21st, 2004 and its decree of application n ° 2011-219 of February 25, 2011, LINKAVIE is under the obligation to keep the identification data of the Customer and its users of the services offered via the TIMEKO service.
Article 21 – Modification of the general conditions of sale LINKAVIE reserves the right to modify the present general conditions in particular because of the evolution and / or the modification of its headings, the evolution of the law and / or the jurisprudence. LINKAVIE will inform the customer by a message by email or on his account on TIMEKO with the date of entry into force of these new terms and conditions. If the customer does not wish to be applied to the new terms and conditions of subscription, he must send an email to LINKAVIE to request the closure of his account and the reimbursement of the remaining subscription, as part of a paid subscription. This request must be made before the date of entry into force of the new general conditions of subscription. In the opposite case, the customer will have to accept the new general conditions at his first connection after the entry into force of the new general conditions.
Article 22 – Opposability of the general conditions of sale Any registration on the website www.timeko.fr implies full and complete acceptance of these terms and conditions. The Customer and users of the service expressly waive their own terms and conditions of purchase so that these terms and conditions take precedence over its general terms and conditions of purchase.
Article 23 – Intellectual Property 23.1. The TIMEKO brand LINKAVIE is the owner of the French brand TIMEKO, registered with the INPI and registered under the number 4215217. Use of the website www.timeko.fr or www.timeko.net and / or the TIMEKO application does not involve any transfer of ownership for the benefit of the customer. Any reproduction of the mark without the prior written permission of LINKAVIE constitutes an act of infringement and may lead to prosecution. 23.2. The website www.timeko.fr LINKAVIE is the owner of all copyrights pertaining to its website and its web and mobile application in its entirety as well as on each element namely the graphic charter, editorial content, photographs, software, drawings, databases. The use of the online services offered on the TIMEKO website does not involve any transfer of ownership to the benefit of the professional. Any partial or total reproduction of the content of the website without the prior written permission of LINKAVIE constitutes an act of counterfeiting likely to lead to legal proceedings.
Article 24 – Hypertext links The simple and deep hypertext links on the TIMEKO site have been inserted in compliance with the rules in force. However, LINKAVIE cannot guarantee the content of websites targeted by hypertext links. The responsibility of LINKAVIE cannot therefore be sought in this respect.
Article 25 – Declaration of Independence The parties expressly declare and acknowledge that they are and will remain, throughout the duration of this contract, independent business and professional partners, each insuring the risks of its own activity.
Article 26 – Partial Nullity The nullity or inapplicability of any of the stipulations of these general conditions of sale will not invalidate the other stipulations which will retain all their strength and their scope.
Article 27 – Tolerance It is formally agreed that any tolerance or waiver of one of the parties, in the application of all or part of the commitments provided for in these general conditions of sale whatever the frequency and duration may be, can not be considered as modification of present general conditions of sale, nor generate any right.
Article 28 – Language and applicable law These general conditions are available in French and English. Only the French version will prevail. These general conditions are subject to French law.
Article 29 – Attribution of jurisdiction In the event of any dispute relating to the validity, interpretation, performance or termination of the Contract, the Parties shall endeavor to seek, in good faith, an amicable agreement. If the Parties fail to reach an amicable agreement within thirty (30) days from the date from which the elements of the dispute were communicated by one of the Parties, only the Commercial Court of Aix In Provence will be competent, whether for emergency procedures or conservatory in summary or by motion and notwithstanding the plurality of defendants or warranty claim.