TERMS OF USE OF THE TIMEKO SERVICE

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 contact@TIMEKO.fr. The VAT number is FR35   804   953   958

The Publishing Director is Mr Thomas LUQUET.

• Host

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 User 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

Administrator (s)   :                       Person (s) defining the operating rules and usage parameters of the TIMEKO Cloud service   by and for the U SERS: Managing content access rights, user management, adding users etc …

Customer   :                                     Company, association, club, works council, union or any other professional or any person subscribing to the TIMEKO Cloud services.

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   :        Any means or mobile or web application enabling to receive TIMEKO messages. The available communication channels 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) can not 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 given the agreement 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 Channel or the Communication Channels 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 Community concerned, 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. An agency is defined in the TIMEKO application 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 Internal Users to send to other Internal Users or External Users Yes / No messages or information / news. The recipients (internal users or external users) of information messages receive these messages via the communication channel of their choice, defined in their preferences page. Short message recipients Yes / No 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 TIMEKO application is made available to Users under the license (s) granted to the Customer.

TIMEKO is a tool for facilitating operational communications and saving time.

 

4.1   : Access to TIMEKO by Users

 

The User is informed that only the Director of the Community or the Manager (For sites / agencies under its management) have the right and control of users that is to say i ls are the only s s to be able to add Users. LINKAVIE does not intervene at any moment and does not have any right on Users to add or not, except express request of the administrator .

Only the Administrator (resp Manager) can send an invitation. The person then accepts or refuses to join the Community on TIMEKO.

The persons having accepted the invitation, then become Users within the meaning of the present general conditions of use. They are Users according to the role assigned to them by the Administrator.

By default, the User has the status of an Internal User.

For External Users, their account can be created from an email address or a mobile phone number ( no message is sent to them by the user who creates them) or by receiving a TIMEKO message. sent by an internal User allowing him, from the first message received , to define his preferences as a Communication Channel or to interrupt any communication originating from the issuing Community.

The User is informed that access to the TIMEKO Application is made possible by the Administrator or the Agency Manager.

Only the administrator or the Agency Manager can delete the account of an Internal User. Internal User cannot delete his account.

An External User may be deleted by any Internal User who has visibility on the concerned External User.

 

4.2.   For the internal user (Community User)

• Send short messagesto s U SERS Ext born attached to the same agencies as him, which can be associated attachments (photos and even documents).
• Send short messages to internal users in your community
• View the consolidated responses (YES, NO, Unanswered, etc.) of your own created and sent messages, or those createdand sent by the agency (s) to which the User is attached.
• 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.
• Call by phone User responding or not one of his created and sent messages.
• Create a news.
• TIMEKO send messages to external users if they have expressly consented to receive such messages from User or its C ommunity (Client). The Customer and its wind doi internal users make their case to obtain full membership of theirexternal U SERS receive messages from his TIMEKO Area.
• Delete / archive a message and associated responses
• Access the history of deleted messages (then kept 365 days).
• Access visible contacts (including contact information such as name, surname, email, phone number, etc … a user) of theC ommunity, visibility governed by the Directors of Community through the use or not feature tags.

 

All Users in a community see all external users (and associated contact information) of the community associated with the same agency / site.

 

4.3.   For the Community external User

• 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.
• Modify their communication preferences withCommunity emitting or stop any receiving messages if they wish.

External Users of a Community have no visibility on internal users or other external users (and associated contact information) of the Community.

The external user does not access the TIMEKO application and therefore does not have to register on the application.

4.4.   Login and password to access the TIMEKO web or mobile application

The internal User has a User account with a username and a password. The external user only has a username

The username and password are strictly personal. The loan or transfer of the username and password to any third person is forbidden regardless of the 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 forgotten password, the user must follow the procedure indicated on the website www.timeko.fr .

On the occasion of subsequent visits, each User must expressly indicate their username and password to access their account.

 

Article 5: Duration

The duration of use of TIMEKO depends on the TIMEKO services subscribed by the Customer.

 

Article 6   : Obligations and responsibility of the User

 

6 .1   : Regarding other Users

TIMEKO gives Users the opportunity to benefit from facilitated communications by sending short messages to other Users who simply answer Yes or No.

The latter must therefore have a use of these services compliant with the law and respectful of other Users.

Thus, Users undertake not to use TIMEKO to broadcast a message and / or attachments  :

–           With the aim of impersonating others, this constitutes a criminal offense

–           Having the purpose of threatening, harassing or intimidating a User

–           To external Users who have not expressly requested or actively granted, specifying the different possible channels for sending messages, in accordance with the framework set by the RGPD of 25 May 2018.

–           Advertising or Marketing via the Facebook ® Messenger communication channel , because not authorized by Facebook ®

–           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 € fine.

–           Which would constitute a violation of the provisions of the law of July 29, 1881 on the freedom of the press (insult, defamation…)

–           A pornographic character of a minor and in general e, any act relating to content pornographic or indecent 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

–           Suspected of violating respect for human protection or dignity, equality between men and women, protection of minors

–           Encouraging, containing or provoking discrimination, insult, hatred or violence against a person or a group of persons, including because of their origin, ethnicity or ethnicity , a nation, race, religion, disability, sexual preference, or any other difference   ;

–           Apologizing for or denying or challenging war crimes and / or 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  ;

–           Infringing the right of personality (invasion of privacy, disclosure of an image without the authorization of the person, disclosure of private and / or personal data …)

 

6 .2   Photographs and videos

The user has the opportunity to illustrate his profile with a photograph. The user has   the ability to share photographs or videos via TIMEKO messages.

The 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.

6 .3 With regards to TIMEKO

The User of TIMEKO undertakes to respect the present General Conditions of Use.

The User is responsible for his conduct and any content created, stored or transmitted as part of the service offered by TIMEKO.

The User also undertakes not to cause any technical prejudice to TIMEKO. In particular, he undertakes not to infringe the physical or computer integrity of the server or the servers by using programs, files infected by viruses or any other computer programs of the same nature that could disrupt the operation of the service, to take control of a computer station remotely. The User will be solely responsible for the damage that may result from his actions.

The User therefore agrees not to use TIMEKO to violate the law in force and not to encourage a third party to break the law.

 

Article 7 : Obligations of LINKAVIE

 

7.1.   : Accessibility

 

LINKAVIE will make its best efforts to ensure the availability of the TIMEKO application / cloud with the exception of maintenance periods, updates and improvement of the service.

 

The User is informed that the connection to the services is made via the Internet. He is warned of the technical risks that can affect this network and lead to slowdowns or unavailability making the connection impossible. LINKAVIE can not be held responsible for the difficulties of access to the services due to disturbances of the Internet network.

In case of finding vulnerability ed by LINKAVIE, likely to seriously compromise the safety of the site and the user data, LINKAVIE may proceed without notice to a temporary interruption of services to address the security flaw in soon as possible.

 

7.2. Security

 

LINKAVIE is committed to implementing state-of-the-art technical means to ensure the security of the site, its TIMEKO cloud and hosted data. LINKAVIE undertakes to implement the necessary means to ensure the preservation and physical integrity of the data hosted through its site and / or its TIMEKO cloud.

 

 

7.3.   Disclaimer

 

The liability of LINKAVIE can not be engaged in the following hypotheses :

–           Use of the TIMEKO site and / or the cloud in a manner not provided for in these terms and conditions of use   ;

–           Occurrence of any damage resulting from the fault or negligence of the User   ;

–           A case of force majeure   ;

–           Data created, stored, communicated and / or disseminated by the User .

 

Article 8   : Signaling of illegal content

 

Any User who believes that a content (massage and / or attachment) 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 User that a form is put online in the section entitled “CONTACT” of the site   www.timeko.fr   . In category “Object” the User will indicate “Report illegal content ” .

The user must provide the following information:

• The date of notification  ;
• His name and surname  ;
• His home  ;
• His 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 User certifies that the information provided in the notification form is accurate. The 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 € 15,000 fine“(Article 6-I-4 of the law LEN n ° 2004-575 of June 21, 2004).

 

Article 10   : Modification of the General Conditions of Use

 

TIMEKO reserves the right to modify its General Conditions of Use to adapt to its activity and legislation. The new General Conditions of Use will apply during any User login after the entry into force of these Terms of Use.

 

Users who do not wish to apply the new terms and conditions of use must inform TIMEKO. From the date of receipt of this information, the User must stop using the services of TIMEKO.

Article 11   : Non-compliance with the Terms of Use

In case of non-compliance with one of the causes of these general conditions of use, the User is informed that this may lead to the closure of his account and the early termination of the license granted to the Customer.

Article 13   : Opposability of the Terms of Use

Any registration in the Cloud TIMEKO   implies full and complete acceptance of these Terms of Use.

 

Article 14   : Retention of identification data

 

In accordance with article 6-II of the law on confidence in the digital economy n ° 2004-575 of June 21, 2004 and its decree of application n ° 2011-219 of February 25, 2011, in its quality of hoster , LINKAVIE is under the legal obligation to keep the identification data of the people who created an account.

LINKAVIE may be required to provide such identification data at the request of the judicial authority.

Article 15   : Personal data

15.1. Personal data collected in connection with the use of TIMEKO is confidential.

They are used by LINKAVIE and its subcontractors to allow the User to access and use TIMEKO, the sending of newsletters if the User has consented, the management of the exercise of the rights in terms of personal data etc.

The User must consult the Privacy Policy ( https://timeko.fr/politique-de-confidentialite/ ) in order to read all the information relating to personal data.

As part of the Privacy Policy, the User may take notice of :

–           Categories of personal data processed

–           Purposes and the retention period of personal data

–           Third parties with whom some of the personal data are shared

–           The legal bases of the treatments

–           Hosting of personal data

–           Users’ rights regarding personal data

–           Information about cookies

 

The User is already informed that pursuant to RGPD entered into force on 2 May 5, 2018 and of the said law and Freedoms of January 6, 1978, he has the following rights   :

 

–           Right of access to all personal data he is concerned with

–           Right to oppose the processing of personal data for legitimate reasons

–           Right of rectification, updating and deletion of personal data subject to legitimate grounds

–           Right to request a limitation on the processing of personal data

–           Right to request the portability of his personal data

–           Right to communicate instructions regarding the storage, erasure and communication of personal data after death

 

The exercise of these different rights can be done in two ways:

 

–           Send a request by mail to the following address: contact@timeko.fr indicating in the object “personal data”

–           Sending an application by post to the following address: LINKAVIE, 455, rue de la Grande Tousque – 13100 Aix en Provence.

LINKAVIE will send a reply within a maximum of ONE (1) month from receipt of the User’s request. This period may be extended by two (2) months given the complexity and the number of requests. LINKAVIE will inform the person in the month of his request.

The User must accompany his request with a copy of his identity document.

15.2.   : Cookies

Cookies are cookies indicating a text file that can be saved, depending on your choice, in a dedicated area of ​​your device.

15.2.1. The Cookie Token for the TIMEKO Application Connection

As part of the TIMEKO Application, only a login Token cookie is installed. This cookie does not contain any personal data but is associated with a user account in order to allow the maintenance of the connection as well as the local storage to maintain the form“Remember me “.

 

15.2.2. The cookie of audience measurements concerning the website www.timeko.fr and installed by a partner

As stated in the privacy policy, a cookie of audience measurements is installed when you browse the site www.timeko.fr .

This cookie makes it possible to establish statistics and volumes of frequentation and use of the TIMEKO showcase website and of its different pages to improve the ergonomics and interest of the site. This cookie is installed by Google Analytics.

15.2.2.:   Your choices regarding cookies depending on the browser used

 

The “Help” menu of each browser allows you to know how to express and modify your choices regarding cookies;

• For Safari ®: Choose Safari> Preferences and click Security;click on Show cookies and then choose the desired options or go to http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html
• For Firefox®: open the Tools menu, and select Options; click on the Privacy tab then choose the desired options or go to http://support.mozilla.org/fr/kb/Activate%20and%20d%C3%A9sactiver%20les%20cookies .
• For Internet Explorer®: Open the Tools menu, and select Internet Options; click on the Privacy tab and then choose the desired level or go to:   http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies .
• For Chrome®: Open the setup menu (wrench logo) and select Settings;click Advanced Settings and then Content Settings, then choose the desired options or go to:   http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647 .
• For Opera®: Open the Tools menu and select Preferences; click on the Advanced tab, then in the Cookies section click on Manage cookies; choose the desired options or go to:   http://help.opera.com/Windows/10.20/fr/cookies.html .

 

15.2. 3. : Social networks

 

The website TIMEKO website (www.timeko.fr) uses social network 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 16   : Intellectual property

 

16.1   : 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 result in any transfer of ownership for the benefit of the user.

 

Any reproduction of the mark without the prior written permission of LINKAVIE constitutes an act of infringement and may lead to prosecution.

 

16.2   The website www.timeko.fr and www.timeko.net

 

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 entail any transfer of ownership for the benefit of the User.

 

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.

 

LINKAVIE grants Users, on a non-exclusive basis, the right to use the TIMEKO application / cloud to the extent necessary to use the application and the site.

However, the User is forbidden to:

–           Make a representation or reproduction of the LINKAVIE application or website without authorization

–           Intervene on the site or the application

–           Modify, alter or obscure in any way whatsoever the mention of the distinctive signs of LINKAVIE (the mark, mention of ownership of copyrights)

–           Seek to bypass the protective devices put in place by LINKAVIE

 

 

Article 17   : 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 be expected in this respect.

 

Article 18 : Miscellaneous 

 

If any of the clauses of these general conditions of use are to be considered illegal or unenforceable against the User by a short decision, the other provisions will continue to apply between the User and TIMEKO.

 

Article 19 : Dispute Resolution 

 

19.1 : Use of mediation 

 

In case of dispute with LINKAVIE and Article L612-1 paragraph 1 of the Consumer Code, the User has a free and effective right of recourse to the mediation set up by LINKAVIE. May he decided to apply to the Médicys mediation platform and will-have the help of legal professionals trained in mediation. For this he will only submit to His-have online application via www.medicys-conso.fr or by post to The Following address : Médicys , 73 Boulevard de Clichy, 75009 Paris.

Under the provisions of Article L.612-2 of the Consumer Code, the User can only contact LINKAVIE via a written complaint.

The User will have a year to submit a written request for services to LINKAVIE.

In case of failure of the mediation process, the User has the possibility to address his request to the competent courts.

19.2 : Governing Law

These General Conditions of Use are governed, interpreted and applied by French law. In case of dispute, the language of interpretation is the French language.