Terms and Conditions of Use
1. LEGAL NOTICE :
- The website accessible at the following address: https://www.kiliba.com/ (hereinafter the "Site") is published and produced by KILIBA, a simplified joint stock company with a share capital of €30,625, registered with the Nanterre Trade and Companies Registry under number 841 615 131, with the following intra-community VAT number: FR07841615131 and whose registered office is located at 127 rue d'Aguesseau in Boulogne-Billancourt (92100) (hereafter the "Company").
- The Company can be contacted by email at email@example.com.
- The publication directors are Mr. Amaury HUG DE LARAUZE, as President of the Company and Mr. Arnaud BECKER, as General Manager of the Company.
- The Site is hosted by Webflow Inc. located at the following address: 398 11th Street, 2nd Floor, San Francisco, CA 94103, USA.
- Webflow can be contacted by email at firstname.lastname@example.org or/and by phone at +1 415-964-0555.
3. USE OF THE SITE
- Before using the Site, the User must ensure that he/she has the technical and computer means to browse and use the Site. He must also ensure that the computer configuration of his material/equipment is in good working order and does not contain any virus.
- The Company reserves the right to modify, edit, delete, validate or change, in whole or in part, any content (hereinafter the "Content(s)") appearing on or posted to the Site.
- The Company may delete, change or modify the Site and/or the Contents at any time.
4. OBLIGATIONS OF THE USER
- By using the Site, Users agree:
- refrain from using the Site in an illegal manner, for any illegal purpose or in a manner inconsistent with these TOU;
- not to use the Site for the publication of abusive, defamatory, harassing, libelous, obscene, pornographic or threatening statements, and/or infringing on the privacy of others;
- not to sell, copy, reproduce, rent, lease, loan, distribute, transfer or sub-license all or any part of the elements, information and Contents appearing on the Site and/or to allow any third party to use or have access to the Site for any purpose whatsoever or to decompile, reverse engineer, disassemble, modify, display in a form readable by the User, attempt to discover any source code or to use any software activating or comprising any part of the Site;
- to respect other Users;
- not to collect and store personal data about other Users for any purpose;
- not to disseminate content that could constitute incitement to commit crimes or offences; provocation to discrimination, racial hatred, and more generally that could be contrary to the laws and regulations in force, to the present rules of use and to good morals and public order;
- not to disseminate information of an ideological, religious, political or ethnic nature;
- not to broadcast content likely to endanger minors, in particular the broadcasting of messages of a violent or pornographic nature;
- not to attempt to mislead other Users by impersonating the name or nickname of others;
- not to post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right of any person;
- not to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising or promotional materials (including "spam" or any other form of solicitation);
- not to misuse the Site by deliberately introducing viruses or any other malicious program and not to attempt to access the Site in an unauthorized manner;
- not to denigrate the Site and/or the Company and/or other Users on social networks or any other means of communication.
- If, for any reason, the Company considers that Users are in breach of these TOU, it may at any time, and at its sole discretion, remove their access to the Site and take any action, including legal action, against them.
5. ACCURACY AND LEGALITY OF INFORMATION
- Each User undertakes to ensure that all the information he or she provides, in particular that concerning him or herself, is adequate, accurate, up-to-date and complete. To this end, he/she undertakes to update it regularly.
- The User acknowledges that the Company does not have the material means to verify the veracity of all the information on the Site.
- The Company cannot be held responsible in case of identity theft, or if the information mentioned is false or misleading.
- Nor does the Company guarantee the timeliness, legality, probity or quality of the information transmitted by Users.
6. INTELLECTUAL PROPERTY
- By accessing the Site, Users expressly acknowledge that the Site and the Content made available to Users, in particular, images, photographs, designs, graphics, drawings, models, layouts, logos, trademarks, texts, etc., are the exclusive property of the Company and are protected by the French Intellectual Property Code as well as by applicable international treaties and agreements relating to the protection of intellectual property rights. As such, they may not be reproduced without the express authorization of the Company, under penalty of civil and criminal prosecution.
- The Company is the sole owner of all right, title and interest in and to the Site and the Content, including all intellectual property rights, including, without limitation, all rights relating to copyrights, design rights, trademarks, trade names, company names, domain names, technology, know-how, processes, formulas, source codes and executable codes, data and similar rights, including information relating to any application, registration or renewal thereof that may be protected by the intellectual property laws, regulations or rules of any country.
- The Company grants a non-exclusive license to Users to use the Site and the Contents strictly in accordance with these TOU.
- Any reproduction, representation, adaptation, exploitation, distribution, broadcasting, commercial use, translation, arrangement, transformation or any creation of derivative or composite works of all or part of the works and/or any other Content appearing on the Site on any medium whatsoever and by any process whatsoever, current or future, is expressly prohibited. These actions are likely to constitute acts of counterfeiting punishable under criminal and civil law, engaging the responsibility of their author.
- The systematic and repeated extraction of information and Contents appearing on the Site is strictly prohibited and sanctioned under the intellectual property law and the sui generis right of databases. Any illicit extraction may engage the civil and penal responsibility of its author.
- The Company declines all responsibility for any damage resulting from fraudulent intrusion by a third party, beyond its control, leading to a modification or alteration of the information/Content appearing on the Site or having caused prejudice to any User of this Site; and more generally for any damage, whatever the causes, origins, nature or consequences, caused as a result of anyone's access to the Site or the impossibility of accessing it, beyond its control.
- The Company cannot be held responsible for technical problems or failures related to telephone networks, online computer systems, servers, Internet access providers, computer equipment and/or software of Users.
- The hypertext links established on the Site to other Internet sites or other Internet sources or content (hereinafter the "External Sources") shall not engage the responsibility of the Company.
- Insofar as the Company cannot control these External Sources, the User acknowledges that the Company cannot be held responsible for the availability of these External Sources, and cannot bear any responsibility for the content, advertising, products, services or any other material available on or from these External Sources.
9. INFORMATION RELATING TO TRADEMARKS
- "KILIBA" and all trademarks and logos belonging to the Company are trademarks protected by French intellectual property law (hereinafter collectively referred to as the "Marks"). Unless expressly authorized in writing by the Company, the User undertakes not to use or disseminate the Trademarks in any way whatsoever. This prohibition extends to all signs reproducing the Company's Brands, such as, but not limited to: corporate names, trade names, signs, domain names, designs, etc.
10. PROTECTION OF PERSONAL DATA
11. APPLICABLE LAW AND JURISDICTION
- These TOU are governed by and construed in accordance with the laws of France, without regard to its conflict of laws provisions.
- In the event of any dispute arising out of or in connection with the interpretation and/or performance of these TOU, the courts of competent jurisdiction shall be those designated in the Code of Civil Procedure.
- The present GTU are written in French.
- In the event that they are translated into one or more foreign languages, only the French version will be deemed authentic in the event of a dispute.
- The Company can be contacted at any time by e-mail at the following address: email@example.com
- The Company can be contacted by mail at the following postal address: 127 rue d'Aguesseau, Boulogne-Billancourt (92100)
General Terms and Conditions of Use of KILIBA
The purpose of the Kiliba Service (hereinafter referred to as "the Service") is to provide its users acting exclusively for their professional needs (hereinafter referred to as a "User") a plug-in and a platform to automate the sending of emails in consideration of various predefined scenarios, compatible with third party CMS solutions (PrestaShop©, Adobe Commerce©, ...).
The purpose of these general conditions of use of the Kiliba Service (hereinafter referred to as the "GCU") is to describe the conditions under which the Company makes the Service available to the User. By creating an account and using the Service, the User declares that he accepts these GTCs and the associated Data Processing Policy (hereinafter referred to as "DPP"), and acknowledges that the use of the Service requires compliance with all the rules of use defined herein.
For the purposes of this document, capitalized terms shall have the meanings set out below, namely
Databases: means all the User's databases hosted by the Third Party Platform.
GTC: means these General Terms and Conditions of Use of the Kiliba Service applicable to Users, which must be accepted at the time of creation of the User Account or in case of subsequent modification, and which govern the use of the Service by the User.
Members: refers to the clients or prospects of the Users who have an account within their Third Party Platform.
User Account: means the account that allows you to use the Service and consult the Platform, accessible by means of a login and a password.
Intellectual Property Rights: refers to all intellectual property rights as provided for by the Intellectual Property Code and international conventions and, in particular, copyrights, neighbouring rights of performers and sound and video producers, trademark rights, design rights, patents, trade names (including Internet domain names), know-how, whether registered or not.
Platform: means the Kiliba Internet platform accessible at https://app.kiliba.com/ and allowing the management of the use of the Kiliba Plug-in.
Third Party Platforms: means the CMS platforms with which the Kiliba Plug-in interfaces to allow the use of the Service. The Third Party Platforms are not edited or managed by the Company.
PTD: refers to the conditions of processing of personal data by the Company in the context of the use of the Service, accepted by the User when creating his/her User Account.
Plug-in: means the module to be installed by the User on the Third Party Platform to benefit from the Service.
Service: means the Kiliba service, allowing Users to have an automated service for sending emails interfaced with the Third Party Platform they use.
E-commerce site: means the User's online sales website using a Third Party Platform to sell products or services to Members.
Company: means the company KILIBA, publisher of the Kiliba software, a simplified joint stock company with a capital of € 30,625, whose headquarters is located 127-129, rue d'Aguesseau - 92100 Boulogne-Billancourt, registered in the register of commerce and companies under the unique identification number 841 615 131 R.C.S. NANTERRE.
User: means any individual or legal entity acting exclusively for professional purposes, who accepts these GTUs and uses the Kiliba Service.
The purpose of these GCU is to define the terms of provision of the Kiliba Service, as well as the conditions under which Users are authorized to use the Service to automate the sending of emails to their Members registered on the Third Party Platform that they use.
The GTC determine all the steps necessary for registration, the creation of the User's Account, the use of the Service by the User and the pricing of the Service. The GTC are completed by a Data Processing Policy which determines the conditions under which the personal data communicated by the Users are used, saved and processed by the Service.
4. Entry into force and enforceability
These TOS are enforceable against the User upon acceptance by the latter when creating his User Account and for the duration of the use of the Service. The User can read the GTU and the PTD and print them from the following link https://kiliba.com/conditions-generales-dutilisation/
The Company reserves the right to make any changes to these GTC and the TTP that it deems useful and necessary, in particular in view of any legal, case law or technical developments. In the event of amendments to the GCU and/or the TPD, the User shall be invited to read and accept the latest versions of the GCU and/or the TPD one (1) month before they come into force. In the event that the User refuses to apply the new GTC and/or the TOS, the User may close his User Account on the Platform.
5. Registration and identification of Users
5.1. Creation of the User Account
The use of the Service requires the User to register on the Platform by filling in all the mandatory fields in the registration form and accepting the GTC and the TPD by means of a checkbox and the "Create my account" button. The User must provide an email address and a password to identify him/her.
The User receives an e-mail in his personal mailbox giving him a URL, which allows him to complete his registration and confirm his identity. In the event that the User provides information that is false, inaccurate, out of date, incomplete, misleading, or constitutes identity theft, the Company may immediately suspend or terminate the User's Account and deny the User access to the Service, temporarily or permanently.
The User's identifiers are strictly personal and confidential. Consequently, the User undertakes to keep them secret and not to disclose them in any form whatsoever. Any access to the Platform using the User's identifiers will be deemed to have been made by the User or with the User's authorisation, unless the User is able to demonstrate that his/her User Account has been hacked.
If the User's login details are lost or stolen, the User must inform the Company without delay, which will then proceed to cancel and/or update the relevant login details immediately.
5.2 Registration for professionals only
Registration for the Service is reserved for natural persons of legal age or legal entities acting for their professional needs, operating an e-commerce Site and having the status of trader.
5.3. Connection to the Third Party Platform
At the end of the process of creating a User Account, the User will be able to download and connect the Kiliba Plug-in to the Third Party Platform that he uses for his e-commerce Site.
The connection of the Plug-in implies the initial loading of the data from the Databases on the Platform. Depending on the amount of data contained in its Databases, the first connection of the Plug-in may cause temporary slowdowns or unavailability of the E-commerce Site, until the end of the initial loading process of the Platform, of which the User declares to be informed and to be personally responsible.
6. Use of the Service
The Service allows the User to automate the sending of emails to its Members by choosing different scenarios. The various possible scenarios allow, in particular, without this list being restrictive, to send to the Members emails:
informing them of product promotions;
offering them products similar or related to those they have consulted or purchased on the E-commerce Site;
offering them new products for sale on the e-commerce site;
offering them to finalize an abandoned order;
The User is free to set up, activate and deactivate the various e-mail workflows available through the Platform.
6.2. Workflow parameters
For each scenario, the User is able to set the format of the e-mails that will be sent automatically by the Service, and in particular to add his contact details, logo, etc.
It is the User's responsibility to check, before activating the scenario, the format of the e-mails and the information contained therein.
Access to the Service and payment of the Subscription do not include any assistance, configuration or training services from the Company. The User wishing to benefit from specific support to install, activate, configure or use the Service may however order support services directly from the Company, which will be subject to a prior quotation.
6.3. Activation of workflows
After setting up a scenario, the User can activate it by means of the corresponding button.
The scenario then appears as active on the Platform.
The User is informed that, as long as he/she does not deactivate a scenario, it remains operational without any time limit, and carries out the sending of e-mails in accordance with the parameters determined at the time of its activation.
To this end, the Service regularly collects and processes the data contained in the User's databases, to identify new products, products consulted, promotions, etc., and to send e-mails containing the information collected.
Consequently, e-mails sent by means of the Service are not moderated and contain exclusively data from the User's Databases. It is therefore up to the User to ensure, prior to activating one or more workflows, that the data contained in his or her Databases :
are accurate and do not contain any errors or omissions (in particular as regards their wording, description, price, availability, illustration, etc.);
do not contain any content that is defamatory, insulting, rude, racist and/or pornographic, infringing on privacy and/or constituting an attack on individuals, contrary to public order, public decency or human dignity (apology for crimes against humanity, incitement to racial hatred, child pornography, etc.);
do not infringe the copyrights, patents, trademarks, trade secrets or other Intellectual Property Rights of any third party natural or legal person.
6.4. Management of Members' e-mail addresses
When a scenario is activated, the Service collects the e-mail addresses of the Members in the User's database in order to send them e-mails in accordance with the parameters defined by the User.
In this respect, the User is reminded that it is his responsibility to ensure that the Members concerned have accepted and expressly authorised the use of their e-mail addresses for the purpose of receiving advertising messages (opt-in).
It is also the User's responsibility to regularly check its Databases, to update them and, in particular, to ensure that Members who have expressed their intention to no longer receive commercial e-mails from it are removed from its Databases.
To this end, the User is reminded that he/she has a tool on the Platform that allows him/her to load the list of Members who do not wish to receive commercial communication by e-mail.
7. Availability of the Service
The Platform can be accessed at https://app.kiliba.com/login using a fixed (PC/Mac) or mobile (Android/Apple) terminal connected to the Internet. It is the User's responsibility to ensure that he/she has the necessary technical requirements for optimal use of the Platform. The cost of access and navigation on the Platform, as well as all costs related to the operation of its e-commerce Site, remain the exclusive responsibility of the User, who accepts this.
The download and installation of the Plug-in is done directly through the Third Party Platform used by the User's e-commerce Site.
The Company reserves the right to suspend, interrupt or limit, without prior notice, access to all or part of the Platform and, more generally, to the Service, in particular for maintenance and upgrading operations necessary for the proper functioning of the Service and related materials, or for any other reason, in particular relating to an unforeseeable breakdown, whatever the cause, without the User having any recourse against the Company.
Insofar as possible, the Company endeavors to give prior notice to Users of interruptions or stoppages affecting the Service. On the other hand, the Company could not be held responsible in the event of problems or technical incidents likely to occur and to involve a loss of data of the User or a temporary or final unavailability of the Site e-commerce of the User. It is the User's responsibility to make regular backups of the data comprising his E-commerce Site and his Databases, and to ensure that the resources allocated by his host (storage, bandwidth, etc.) are sufficient for the execution and operation of the Plug-in. In case of doubt about the prerequisites necessary for the functioning of the Service, the User can send an e-mail to the support department at firstname.lastname@example.org.
The Plug-in is likely to be regularly updated, particularly in view of the updates made by the publishers of the Third Party Platforms, in order to ensure the interoperability of the Service with the said Platforms. In this respect, it is the User's responsibility to regularly update the Plug-in installed, in order to limit the risks of malfunction or interruption of the Service.
8. Subscription - Duration
The use of the Service implies the payment of a subscription ("the Subscription"), the amount of which is determined in consideration of a maximum number of Member contacts appearing in the User's databases and according to several levels (https://www.kiliba.com/tarifs). The prices charged are exclusive of tax and per month. These prices are increased by the value added tax (VAT) at the rate in force where applicable. Any other tax, duty or service to be paid in application of French or international regulations shall be borne by the User.
8.2. Duration of the Subscription
The Subscription is taken out by the User at the time of registration for a period of one (1) month (the "Period"), renewable by tacit agreement for successive Periods of the same duration, unless the Contract is terminated directly on the Platform or by registered letter with acknowledgement of receipt presented for the first time or received by the Company before the expiry of the Period in progress
8.3. Payment of the Subscription
Payment of the Subscription is made monthly by credit card, using the Stripe© service.
8.4. Bearing change
The User's Subscription is automatically increased or decreased for each Period in consideration of the maximum number of Members in the User's Databases for the previous Period. In the event of a change of level, the User is informed by e-mail.
8.5. Invoicing - Default of payment
Invoices issued by the Company are sent to the User by e-mail.
In the event that the User's payment method is rejected, access to the Service will be suspended immediately and without delay, until the User has paid the fee in full.
Failure by the User to fulfil his payment obligations, or any delay, shall automatically lead to the payment of interest on arrears, calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, in addition to a fixed indemnity of €40 for collection costs. This indemnity does not cover any legal costs, which shall be borne by the User.
8.6. Termination of the Subscription
Termination of the Subscription results in the Platform being unavailable at the end of the current Period and all data being deleted under the conditions set out in the TTP.
9. Intellectual Property
9.1. Ownership of the Platform and the Plug-in
The Company is the exclusive owner of all the rights attached to the structure of the Platform and the Plug-in, as well as to their contents, including, but not limited to, source codes, object codes, texts, logos, information, analyses, images, photographs, graphic design, sound elements, software, icons, layout, databases, videos or any other data composing them.
The present GTC grant the User a personal, temporary, non-transferable and non-exclusive licence to use the Service, which cannot be construed as the transfer of an Intellectual Property Right on the Platform and/or the Plug-in, their structure and their content, which remain the full and complete property of the Company.
Consequently, the User shall refrain from any action and any act likely to directly or indirectly infringe the Intellectual Property Rights held by the Company on the Platform and the Plug-in, their structure and their contents as well as, in general, on the associated trademarks. In this respect, any reproduction and/or representation, in whole or in part, of these rights without the Company's express authorisation shall constitute an infringement of the Company's Intellectual Property Rights, which may give rise to civil and/or criminal liability on the part of its author.
9.2. Company's rights to the User's data, logos and trademarks
In order to enable the Service to function, the User hereby grants the Company a non-exclusive, free, transferable, sub-licensable and worldwide licence to use all the data contained in its Databases and published on its e-commerce Site, for the duration of the use of the Service by the User.
This licence authorises the Company to use the User's data for the operation of the Service, and in particular to transfer it, save it, modify its format, incorporate it into advertising communications, highlight it, distribute it, disseminate it by e-mail, etc.
Accordingly, the User hereby gives the Company irrevocable consent to the use of his/her data, and waives all claims and assertions of moral or proprietary rights thereto.
In addition, the User grants the Company a non-exclusive, free, transferable, sub-licensable and worldwide licence to use its trademarks and logos, in particular to allow their use in the context of the Service and for commercial reference purposes.
9.3. Third-party platforms
The use of the Service and the payment of the Subscription do not confer any right to use the third-party Platforms or any associated services.
It is the User's responsibility to ensure that he/she has the rights to use the third-party Platforms and associated services from their respective publishers.
10. Personal data
The conditions of collection, processing and modalities of exercising the rights of the User and the Members regarding their personal data are detailed in the TTP accepted by the User, accessible at the following address https://kiliba.com/politique-de-traitement-des-donnees/.
Cookies allow the Company to continuously improve the Platform, to recognise the User when he/she logs in, and may also be used for statistical or security purposes. They are also used on the E-commerce Site to track Members' browsing and to enable the Plug-In to function.
The User is informed of the existence of cookies by a banner on the Platform. He can accept or refuse the setting of cookies directly on the Platform or by following the procedure described in the "Internet Options" tab of his browser. The User also undertakes to inform Members of the existence of cookies linked to the use of the Plug-In on the E-commerce Site, and to offer them the option of accepting or refusing them.
The cookies used by the Platform are intended to :
ensure the User's connection to his User Account;
track the User's browsing on the Platform;
to compile statistics on the use of the Platform;
to carry out statistics of use of the Plug-in ;
offer personalized ads to the User.
In particular, the Service uses the services of the following third parties, which may involve the installation of cookies:
Google Analytics ;
If the User refuses, only the cookies strictly necessary for the provision of the Service are installed when the User continues to navigate on the Platform.
The User is informed that setting the browser to exclude cookies may restrict certain features of the Platform. Similarly, the refusal of cookies by Members is likely to restrict certain features of the Service. The Company shall not be held responsible for this.
The Company does not offer any guarantee of continuity of the Service insofar as it is only bound by an obligation of means. In this respect, the Company does not guarantee error-free and uninterrupted operation of the Service, nor the accuracy or updating of its content, as the Service is provided "as is".
The Company may modify the content and features of the Service without notice, without incurring any liability. Furthermore, the Company shall not be held liable in the event of temporary or total unavailability of all or part of the Service, of a difficulty linked to response time or, more generally, of any performance defect.
The Platform may contain hyperlinks to third party websites. The latter are not under the control of the Company, which cannot be held responsible for the availability of these external sources and the content of these linked sites. The Company provides these links as a convenience, which does not imply any affiliation, sponsorship or recommendation of the linked sites in question. Consequently, the Company shall not be held responsible for any damage, proven or alleged, resulting from the consultation of external sites and sources by the User.
The Company cannot be held responsible for the content of e-mails sent to Members when a scenario is activated. In this respect, the User undertakes to comply with the provisions of Articles L.122-8 et seq. of the Consumer Code.
The Company shall not be held liable for any damage suffered by any User, Member or third party resulting directly or indirectly from the contents of e-mails sent through the Service.
The Company cannot be held responsible for any malfunction of the Service which would result from a temporary or definitive unavailability of the Third Party Platform, an update of the Third Party Platform, or, more generally, a case of force majeure.
The Company shall in no event be liable for any indirect damage resulting from the use of the Service, including but not limited to
any loss of profits and/or turnover,
any loss or corruption of data or data recovery,
any loss of customers,
any breach of security resulting from the failure of a third party communication service and/or the internet network.
The User is responsible for the consequences of any breach of these TOS. Also, in the event of violation of the conditions of use of the Service or in the event of misuse of the Service (in particular for sending spam), the Company reserves the right to suspend the User's access to the Service or to terminate it with immediate effect, it being specified that the Subscription for the current Period will not be refunded.
13. Applicable Law and Jurisdiction
The present GTU are governed by French law. Any possible dispute relating to the interpretation or execution of the GTU, failing amicable resolution thirty (30) days after the sending of a first registered letter, will be submitted to the jurisdiction of the Commercial Court of Nanterre.
The nullity, in whole or in part, of any of the provisions of these GCU under the terms of a legal or regulatory provision, or of a court decision that has become final, does not entail the nullity of the other provisions or of the part of the provision not affected by the nullity. These shall be replaced by other valid provisions which, in view of their scope, are as close as legally possible to the provisions declared invalid.
14. Legal notice
The Kiliba Service is published and operated by the company KILIBA, a simplified joint stock company with a capital of € 30,625, whose headquarters is located 127-129, rue d'Aguesseau - 92100 Boulogne-Billancourt, registered in the register of commerce and companies under the unique identification number 841 615 131 R.C.S. NANTERRE.
VAT NUMBER: FR07841615131
Publication managers: Arnaud Becker and Amaury de Larauze
Platform Host: AWS, Europe (Stockholm) eu-north-1
PERSONAL DATA PROCESSING POLICY
1. Processing of personal data
The use of the Service requires the transfer, collection, processing and use of the personal data of the User and the Members. Consequently, the personal data provided by the User when using the Service are subject to automated processing by the Company, which the User expressly acknowledges and accepts. For the purposes of this Agreement, the User is responsible for processing the personal data provided, with the Company acting exclusively as the User's subcontractor. The User and the Company undertake to comply with the provisions of Law No. 78-17 of 6 January 1978 and Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016.
The User hereby expressly authorises the Company, acting as a subcontractor, to process on its behalf the personal data necessary to carry out the automated production and distribution of advertising e-mails to its Members. The Company's individual liability is limited to the data processing activities carried out by the Company in accordance with this TTP.
2. Purposes of the processing
The purposes of the processing carried out by the Service are :
to provide the User with a tool to automate the sending of emails to its Members;
to automatically send to the User's Members e-mails such as newsletters, events, promotions, news, etc. ;
to automatically send reminder e-mails to the User's Members, allowing them to finalize their order;
to automatically send to the User's Members advertising e-mails presenting new products, or products similar or related to those they have ordered or consulted on the e-commerce Site;
to provide the User with statistical information on the advertising campaigns carried out through the Service.
3. Personal data processed
The personal data processed are the following:
first name ;
list of purchases made on the e-commerce site;
date of purchases made on the e-commerce site;
date of registration on the e-commerce site ;
list of products consulted on the e-commerce site;
list of products added to the cart on the e-commerce site;
date of the last connection to the e-commerce site;
This data is periodically collected in the User's e-commerce Site databases.
4. Categories of persons concerned
The categories of persons concerned are the User and natural persons, whether consumers, professionals or traders, who have created an account on the User's e-commerce site and have agreed to the use of their e-mail addresses for commercial purposes.
The User undertakes to inform and obtain the express authorisation of the Members concerning the use by the User and by the Company of their personal data, and guarantees the Company against any prejudicial consequences, for whatever reason, linked to the use of said data. The User is obliged to implement a system enabling Members to exercise their rights in relation to their personal data. The User shall document in writing any instructions given to the Company regarding the processing of personal data entrusted to the Company.
5. Duration of storage of personal data
Members' personal data is kept for as long as the User's Account is active, as well as for an additional period of thirty (30) days in the event of termination of the User's Subscription. An account is considered inactive when the User has not logged on to the Platform for a period of at least one (1) year and has not paid the corresponding monthly or annual fees within this period.
For any useful purpose, the User is informed that the Company reserves the right to archive the personal data that it may have collected in execution of the present document, for the duration of the statute of limitations for liability claims. In this case, the archived data is stored on a secure server to which only the Company's manager can have access, and this, exclusively in the context of a dispute whose resolution requires the judicial communication of said data.
6. Security of personal data
The Service constitutes an automated data processing system. Any fraudulent access to the latter is prohibited and punishable by law, as is the maintenance, alteration and obstruction of an automated data processing system, as well as the fraudulent introduction, deletion or modification of data. The Company makes every effort, in accordance with the rules of the art, to secure the Service and access to personal data in view of the complexity of the Internet. The User acknowledges that due to the characteristics and constraints of the Internet network, the personal data collected cannot be protected against any form of intrusion, including by hacking.
The Company undertakes to implement the following security measures for the processing of personal data:
full encryption of personal data collected during transfer and for storage, using the HTTPS protocol;
the deletion of the personal data collected after a period of thirty (30) days from the date of the User's request;
the deletion of all personal data collected after a period of thirty (30) days in the event of termination by the User of the Subscription;
the implementation by the Company's subcontractors of redundant and encrypted backups on several sites to ensure the functioning of the Service.
In the event of expiry or termination of this Agreement, the Company undertakes to destroy the personal data entrusted to it, including all existing copies in the Company's and its subcontractors' information systems, within thirty (30) days, subject to the provisions of Article 5 above. The Company will provide the User, on request, with a written certificate of destruction at the end of this period.
7. Hosting of personal data
The personal data collected are hosted by :
in France at Gravelines (59820) with the hosting company OVH, a simplified joint stock company with a capital of €10,174,560, whose head office is located at 2 rue Kellermann - 59100 Roubaix - France, registered in the Trade and Companies Register under the unique identification number 424 761 419 RCS LILLE METROPOLE;
in Stockholm (Sweden) with the hosting company AWS (Amazon Web Services).
8. Transfer of personal data
The User is informed and must obtain the express consent of its Members to the transfer of their personal data outside the European Union, to the United States of America. This transfer is made to subcontractors involved in the email processing process, who have entered into a contract with the Company that complies with the European Commission's standard contractual clauses and who undertake to comply with the provisions of European Regulation nᵒ 2016/679, the so-called General Data Protection Regulation. The data collected may also be transferred to third parties other than the Company's subcontractors in the form of totally and irreversibly anonymous statistics.
9. Commitments of the Company
The Company undertakes to :
process data only for the purposes for which they are outsourced;
process the data in accordance with the documented instructions of the User;
guarantee the confidentiality of personal data processed in the framework of the present ;
to ensure the encryption of the data collected on the User's databases, both for their transfer and for their recording;
ensure that persons authorized to process personal data hereunder undertake to respect the confidentiality of such data and receive the necessary training to that effect;
take into account the principles of data protection by design and data protection by default when developing and updating the Service.
The Company is expressly authorised to use other processors to carry out specific processing activities necessary for the operation of the Service. The subcontractors that the Company is authorised to use are the following:
Twilio Sendgrid, for sending emails using the SMTP protocol;
OVH, for the hosting and backup of the collected data;
AWS, for hosting and backup of collected data.
In the event of a change of subcontractor, the Company undertakes to inform the User in advance, specifying the processing activities subcontracted, the identity and contact details of the subcontractor and the dates of the subcontract. The User has a minimum of thirty (30) days from the date of receipt of this information to present his objections. This subcontracting may only be carried out if the User has not raised any objections within the agreed period.
Any subcontractor of the Company is required to comply with the obligations hereunder on behalf of and in accordance with the instructions of the User. It is the Company's responsibility to ensure that its subcontractors provide the same sufficient guarantees regarding the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the legislation in force. If a subcontractor of the Company does not fulfil its data protection obligations, the Company shall remain fully liable to the User for its obligations.
These cookies used by the Plug-in are intended to :
to follow the navigation of the Member (identified or not) on the E-commerce Site,
to identify the products/categories consulted by the Member (identified or not) on the E-commerce Site.
In its capacity as data controller, it is the User's responsibility to inform its Members of the installation and use of these cookies, and to allow Members who so wish to refuse their installation.
The User guarantees the Company against any claim by a Member relating to the said cookies.
As far as possible, the Company will provide the User with assistance in order to enable the User to implement its obligations with regard to requests to exercise the rights of the persons concerned (right of access, rectification, deletion and opposition, right to limit processing, right to data portability, right not to be the subject of an automated individual decision (including profiling)). These services will be invoiced by the Company at the applicable rates. When the persons concerned send requests to exercise their rights directly to the Company, the latter will send the said requests to the User by e-mail upon receipt.
The Company shall notify the User of any personal data breach within a maximum of seventy-two (72) hours of becoming aware of it, by e-mail and by registered mail with acknowledgement of receipt. This notification shall be accompanied by any useful documentation in order to enable the User, if necessary, to notify this breach to the competent supervisory authority.
The Company will assist the User in carrying out data protection impact assessments and in prior consultation with the supervisory authority, for which it will be invoiced in accordance with the applicable rates.
13. Data Protection Officer
In case of difficulty, the User may address any request relating to personal data protection issues to the Company's Data Protection Officer at the following address email@example.com.
14. Register of treatments
The Company declares that it keeps a written record of all categories of processing activities carried out on behalf of the User including:
the name and contact details of the User on whose behalf it is acting, of any subcontractors and, if applicable, of the data protection officer;
the categories of processing carried out on behalf of the User;
where applicable, transfers of personal data to a third country, including the identification of that third country and documentation of the existence of appropriate safeguards;
a general description of the technical and organizational security measures implemented in connection with the processing of personal data on behalf of the User.
The Company shall provide the User with the documentation necessary to demonstrate compliance with all its obligations and to enable and assist in audits, including inspections, by the User. These services shall be invoiced in accordance with the tariff conditions in force.
15. Contact information
For any questions relating to this TTP or to the processing of data carried out by the Company in the context of the Service, the User may contact the Company directly at the following address
by e-mail: firstname.lastname@example.org
by mail: KILIBA - Personal data - 127-129, rue d'Aguesseau - 92100 Boulogne-Billancourt
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