ADALONG provides social content management services (the “Service”) for professional entities (the “Client”). The following conditions of use (the “Conditions”) describe the conditions under which the Customer can subscribe and use the service offered online by ADALONG (i) via its application available at the URL address https: // app. adalong.com, and / or (ii) via its site http://www.adalong.fr.
1 / DEFINITION
The purpose of this clause is to define the various essential terms of the contract:
“ADALONG” refers to ADALONG SAS, a French company whose head office is located at 12 Rue Anselme 93400 Saint-Ouen France – under the identification number 830 028 858 RCS Bobigny which offers the Service via the Application or the Site;
“Customer” refers to any legal entity that subscribes to the Service;
“Creator” refers to anyone whose content is posted on social media platforms;
“User” means any employee, director, agent or manager of the Client who uses the Service through the Application or the Site;
“Application” means the web application offered by ADALONG to its customers, when they subscribe to the Service, available online at the following URL address: https://app.adalong.com;
“Site” means the website offered by ADALONG to its customers and available online at the following URL address: http://www.adalong.fr/;
“Service” means the services offered by ADALONG to its customers via the Application and the Site;
“T & Cs” refers to any digital content (text, photo, video, audio, creation, etc.) created and publicly published by a Creator on one (or more) social media platform;
“Rights management tool” refers to any functionality of the Service allowing the Customer to obtain the explicit consent of a Creator to use his T & Cs;
“Account” means any User account created to access the Application and / or the Site;
“Social network platform” refers to any social network available online allowing a Creator to publish any type of T & Cs;
“Username” means the identifier allowing the User to access his Account.
2 / USE OF THE T & Cs
2.1 ADALONG facilitates the identification, aggregation and organization of the T & Cs posted publicly on Social Media Platforms for the benefit of the Client. By subscribing to the Service, ADALONG offers the Customer the possibility of directly accessing the T & Cs published on social media platforms that may be of interest to the Customer’s brand (s). The Customer can then organize the T & Cs of interest into specific online “collections” using the Service.
2.2 By subscribing to the Service, ADALONG offers the Customer the possibility of using the Rights Management Tool offered by ADALONG online, in order to:
search publicly posted TOS with hashtags on social media platforms and refine searches using advanced criteria and visual computer analysis;
send a direct request to any Creator concerned in order to ask him to grant the Client the intellectual property rights to use the T & Cs generated by this Creator, for the Client’s marketing or communication campaigns. The request takes the form of a written comment on the Social Networking Platform by the Client to the Creator of the associated T & Cs including a link to terms of use written by the Client. The Creator can accept on conditions by responding favorably to the Customer’s request.
download and store the CGU once the Creator has given his consent;
re-publish the T & Cs on social media platforms once the Creator has given his consent.
2.3 ADALONG acts only as an aggregator of T & Cs, by collecting and storing public URLs allowing direct access to T & Cs that cannot be considered “personal data” within the meaning of the GDPR.
3 / SUBSCRIBE TO THE SERVICE
3.1 To access or use the Service by creating an Account, via the Application or the Site, the User must:
have an internet connection;
subscribe and pay the fees to be granted the right to use the Service;
ensure that they have full legal capacity to subscribe to the Service, in particular, that they have the necessary authority to commit the company they represent;
not to be a competitor of ADALONG and / or not to subscribe to the Service with the aim of competing with ADALONG, fraudulently and / or in a manner which prejudices the legitimate interests of ADALONG.
4 / AVAILABILITY AND MAINTENANCE OF THE SERVICE
4.1 The Service is accessible via the URL of the Application: http://app.adalong.com or the URL of the Site: http://www.adalong.fr seven (7) days a week and twenty -four (24) hours a day. The Service is only accessible for the duration of the subscription by Users, unless Users decide to stop using it.
4.2 ADALONG reminds Users that the Internet, which allows ADALONG to provide the Service, is an open and informal network consisting of the interconnection of independent computer networks using the TCP / IP protocol, with no obligation of permanent supply between operators of these networks. . Consequently, ADALONG cannot guarantee (i) any permanent availability of the Service, (ii) or that the use of the Service will not be interrupted.
4.3 ADALONG reserves the right to interrupt the operation of the Service at any time, with or without notice, in particular to ensure the maintenance of the Service and / or for any other legitimate reason. As far as possible, ADALONG will inform Users before any maintenance operation.
5 / INTELLECTUAL PROPERTY
5.1 The Service and all its associated content, including but not limited to text, images, software, etc. accessible online when using the Service (with the exception of the T & Cs) are the exclusive property of ADALONG and are protected by copyright, trademarks, databases, industrial property and all other intellectual or intellectual property right.
5.2 ADALONG grants each Customer a non-exclusive and non-transferable license to use the Service and any associated software. Users are prohibited – directly or indirectly – from copying, modifying, creating derivative work, reverse engineering, disassembling or attempting to obtain the source code in any other way (except as provided by the law), sell, assign, sublicense or otherwise assign any right in the Service or associated software. These Terms do not grant Users a license to use any trademark of ADALONG.
5.3 Users are informed and acknowledge that the Site, the Application and any associated software and sites may contain confidential information or information protected by the intellectual property law in force or by any other law. Users undertake not to modify, rent, borrow, sell, assign or distribute this information and not to create derivative works incorporating all or part of this content, except with the express prior written permission of ADALONG.
5.4 In the event of misuse of the Service, ADALONG reserves the right to use all legal remedies to put an end to the violation of its intellectual property rights and to suspend access to the Service to the Customer, in violation of the Contract.
6 / USE OF CUSTOMER’S NAME FOR COMMERCIAL PURPOSES
6.1 ADALONG is expressly authorized by the Customer to use its name, logo, brands and / or any other distinctive sign only as a commercial reference, to the exclusion of any other use, on any communication medium of its choice, including on its website, during the subscription period of the Service by the Customer and for two (2) years from the deactivation of the Service.
7 / LIMITATION OF LIABILITY
7.1 ADALONG cannot be held responsible for damages suffered by the Customer in the event of violation of the Conditions and / or provision of false or incorrect information by Users.
7.2 ADALONG is not responsible for indirect damages resulting from the use of the Service. ADALONG cannot be held responsible for any technical disruption of the service (malfunction, interruption of maintenance, technical failure of the server, interruption of Internet access, viruses, etc.).
7.3 Users are solely responsible for the use of the service provided by the Application or the site, for their suitability for their needs, for the security of their computer system and for the backup of their data. ADALONG cannot be held responsible for damage caused to Users’ computer systems, loss of data or any other damage resulting from the use of the Service by Users.
8 / DURATION
8.1 The duration of use of the service is determined by the commercial conditions defined between ADALONG and its users.
9 / MODIFICATION OF THESE TERMS OF USE
9.1 ADALONG reserves the right to modify these Terms at any time, without notice, by posting the revised Terms, for any reason. Users should consult the Terms each time they access the site, use the Service, via the Application or the Site, to stay informed of any changes.
9.2 If Users continue to use the Service, through the Application or the Site, after the revised Terms come into effect, Users accept any changes to these Terms.
10 / APPLICABLE LAW
10.1 These Conditions are governed by French law, both for the formal rules and for the substantive rules.
10.2 In the absence of mutual agreement of the parties for any dispute relating to the interpretation, execution or termination of this contract, jurisdiction is assigned to the Commercial Court of Paris – France.
11 / ADALONG – CONFIDENTIALITY POLICY for Client Users
11.1 In accordance with the requirements of Regulation (EU) 2016/679 adopted on April 26, 2016 (“General Regulation on Personal Data” or “RGDP”), this confidentiality policy (the “confidentiality policy”) describes the conditions in which ADALONG may collect and use personal data relating to Users of Customers accessing or using the Service, via the Application or the Site, offered online by ADALONG.
11.2 By authorizing access or use of the Service, ADALONG processes (i) personal data relating to the Client’s Users (name, email address, telephone number and Username of the User).
11.3 The Customer must inform its Users (art. 12 of the GDPR) that ADALONG processes certain personal data of Users which are directly collected (art. 13 of the GDPR) through the subscription to the Service for the following purposes:
processing necessary without consent for the performance of contractual obligations (art. 6.1.b) of the GDPR);
processing necessary without consent for the purposes of the legitimate interests defended by ADALONG (art. 6.1 (f) of the GDPR) for marketing purposes (information and communication on the Service) with immediately proposed unsubscribe link (right of deletion – art. 17 of the RGDP) and integrated into all mailings from ADALONG to Users;
any other processing for which Users have given their consent to the processing of their personal data (for example, transfer to third parties with or without financial compensation for direct or indirect marketing purposes, including profiling). ADALONG undertakes not to do any profiling of Users’ personal data. Each submission from ADALONG will include a brief overview of the rights of the GDPR (art. 15 to 22 of the GDPR) guaranteed by ADALONG to any User, in particular the right to object, including profiling (art. 21 of the GDPR).
11.4 ADALONG may retain Users’ personal data for the duration necessary to access the Service and for a period of ninety (90) days after its deactivation, with the exception of data that ADALONG should keep as proof of legal period in accordance with current legislation (for example, billing data may be kept for a period of five (5) years).
11.5 At the end of the statutory limitation period under French law, Users’ personal data will be deleted (right of deletion – art. 17 of the RGDP).
11.6 By subscribing to the Service, the User has (i) a right of access (art. 15 of the RGDP) and (ii) a right to rectify his personal data (art. 16, of the RGDP). Users wishing to assert their rights can send their request by email to the following address: [email protected].
11.7 When exercising one of these rights, the User must send ADALONG all the elements necessary for his identification (name, email, connection identifier and possibly postal address). In addition, his request must be signed and accompanied by a copy of an identity card. ADALONG undertakes to respond within a maximum period of one (1) month from receipt of the request. If ADALONG does not respond within this period, the User can file a complaint with the French supervisory authority (CNIL).
11.8 ADALONG may implement the appropriate technical and organizational measures designed to implement the data protection principles of the GDPR and to protect the rights of Users.
11.9 When Users enter information (such as customer login credentials entered on the ADALONG dashboard), ADALONG encrypts the transmission and storage of this information using encryption technologies that comply with standards. industry.
11.10 If you have any questions regarding security, you can contact us.
12 / CONTACT US
If you have any questions about these terms, please contact us at: [email protected]
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July 2018, Paris France