Simplified joint stock company with a registered capital of €936,25
51 rue de Chabrol 75010 Paris
Trade & Company Register (R.C.S.) no. R751 226 606 PARIS
GENERAL TERMS AND CONDITIONS OF USE (GTCU) OF THE TRUSTVILLE SERVICE
DATED 21 MARCH 2018
The purpose of the TrustVille Service (hereafter referred to as the “Service”) is to provide its individual users (hereafter referred to as the “Users”) with a dedicated platform for reviewing and rating their online transactions with partners.
The purpose of these General Terms and Conditions of Use for the TrustVille Service (hereafter referred to as the “GTCU”) is to describe the conditions under which the Company collects and processes ratings, comments and reviews from Users.
For the purpose of these terms and conditions, the expressions below will be considered as having the meaning attributed to them thereafter when used with a capital letter, namely:
· GTCU refers to these General Terms and Conditions of Use for the TrustVille Service applicable to the Users, which must be accepted prior to publishing any opinions or comments via the Service;
· Comment refers to ratings, opinions, replies to multiple-choice questions and other information published by the Users via the Service following a Transaction;
· Intellectual Property Rights refers to all intellectual property rights provided for under the Intellectual Property Rights Code and national agreements, including among others copyright, related rights for artists and performers and audio or video producers, trademark rights, design rights, patents, trade names (including Internet domain names) and know-how, whether registered or otherwise;
· Partners refers to natural and artificial persons having entered into a contractual relationship with the Company in order to propose the TrustVille Service to the Users;
· Service refers to the TrustVille Service enabling the Users to publish their Comments concerning the Transactions carried out with a Partner;
· Company refers to the company WizVille, a simplified joint stock company with a registered capital of €675.88, having its registered office at 130, rue de l'Agriculture – 92700 Colombes, registered in the trade and company register under the unique number 751 226 606 R.C.S NANTERRE.
· Transaction refers to any commercial operation concluded between a User and a Partner concerning the acquisition of goods or of a service via the Internet;
· User refers to any surfer who, having accepted these GTCU, publishes a Comment about a Transaction involving a Partner, via the TrustVille Service.
The purpose of these GTCU is to define the terms under which the TrustVille Service is made available, and the conditions under which the Users are authorised to use the Service to publish Comments concerning their Transactions carried out with Partners.
When managing the TrustVille Service, the Company agrees to comply with the Afnor standard NF Z74-501 concerning consumers' online opinions, including the principles and requirements concerning the collection, moderation and displaying of online opinions from consumers.
The collection, moderation and display operations concerning the online opinions are totally independent from the advertising operations or those involving the sale of products and services which may potentially be carried out by the Company.
The TrustVille Service is accessible to Users having completed an online Transaction with a Partner and having expressly accepted that their personal information may be supplied by the latter to the Company.
Following the Transaction, the Company sends the User a notification by email or text message enabling the User to access the TrustVille Service and to publish a Comment concerning the completed Transaction.
The User may consult the GTCU, download them and print them from a link provided on the Comment publication page. Additionally, the GTCU may be viewed later at the address trustville.fr/CGU.
The User is expressly informed that the currently applicable version of the GTCU is that accessible online on the date on which he publishes his Comment. The Company reserves the right to make any modifications it considers appropriate and necessary to the GTCU, particularly in consideration of any possible legal, case law-related or technical changes.
These GTCU are applicable for the whole usage period of the TrustVille Service and whenever a Comment is published, until superseded by new GTCU in accordance with the above-mentioned conditions.
In all cases, any use of the TrustVille Service implies unreserved acceptance by the User of these GTCU.
The TrustVille Service is accessible from a fixed terminal (PC/Mac) or a mobile one (Android/Apple) connected to the Internet. It is the User's responsibility to ensure that all the technical prerequisites required for optimal use of the Service (a terminal with an Internet connection and a web browser updated at least two years before the date on which the Comment is drafted) are met. The cost of accessing and browsing the Service will be assumed solely by the User, who accepts this.
The Company reserves the right to suspend, interrupt or limit the Service without notice, including for maintenance and upgrade operations necessary to ensuring the satisfactory operation of the Service and the related hardware, or for any other reason including those related to an unforeseen breakdown, regardless of the cause, with no possibility for the User to make any claim against the Company on these grounds.
In as far as possible, the Company will seek to inform Users about any interruptions or stoppages affecting the publication of Comments via the TrustVille Service. However, the Company may not be considered liable in the event of any problems or technical incidents which may arise and which may result in the loss of the User's data or of all or part of his Comments.
The User is informed that the Comment Publication service may be unavailable in the event that (i) the period between the Transaction and the publication of the Comment exceeds or is equal to a period set at the Partner's discretion (48 hours minimum), or (ii) in the case that the product or service reviewed no longer exists or would no longer be proposed by the Partner on the publication date of the Comment.
Before publishing a Comment, the Company performs an automated verification of the existence of the Transaction between the User and the Partner.
This verification is performed by limiting the submission of the reviews and access to the Service to only those Users for which the Partner has supplied all of the following information to the Company, concerning the transaction carried out by the User from whom a review is requested: a Transaction number or customer number, a consumption date, a last name, a first name, an email address or mobile phone number,
When the submission of the Comment does not occur following the forwarding to the Company of information by the Partner concerning the Transaction, the Company verifies the existence of the Transaction which is the subject of the said Comment.
This verification is performed:
- By means of a description of the User's experience during the Transaction, which the User must enter in intelligible free text;
- And by the possibility offered to produce any items of proof making it possible to confirm that the Transaction actually took place (photo, invoice, till receipt, etc.).
The use of the TrustVille Service and the publication of Comments are governed by the following rules, which the User agrees to observe:
· The User undertakes that the published Comment actually corresponds to the Transaction carried out with the Partner concerned, and his own personal consumption experience during this Transaction;
· The User agrees that each Comment relates to a Partner with whom the User has carried out one or several Transaction(s), for which he can provide proof that he has used the products or services;
· The Comments may only concern Partners with whom the User has personally carried out one or several Transaction(s), with the User agreeing that he will not publish any Comment on behalf of a third party or reflect the opinions of a third-party in his Comment;
· The User agrees to only attach documents and photos, etc., to his comment when he is the owner of such material and/or holds the Intellectual Property Rights.
· Comments may only be published by Users who have come of age;
· Comments concerning a Partner may not be published by a User having any link of any form with the said Partner, either as an associate, shareholder, manager, employee, representative or supplier, or in the capacity as a family member of an associate, shareholder, manager, employee, representative or supplier of the Partner;
· The Comments may not include any statements considered denigrating, demeaning, defamatory, insulting, rude, sexist and/or pornographic or more generally any statements contravening applicable laws and regulations, infringing the rights of third parties, public regulations or common decency or which are unrelated to the Partner and/or the Transaction concerned;
· The Comments may not include any personal information such as the last names or first names of individuals, their dates of birth, their political or religious opinions, their address, their telephone number, bank details or social security numbers, etc.
· The Comments submitted by the Users are published within a maximum period of one (1) month.
The Company is subject to the liability obligations applicable to content hosts. Accordingly, and pursuant to article 6-I-2 of the law of 21 June 2004 on confidence in the digital economy, it may only be considered liable for an illegal Comment if, having been duly informed of its illegal nature, it has failed to act promptly to delete it or to render it inaccessible.
The User remains liable for the consequences of any failings vis-a-vis these GTCU. The Company reserves the right to request any additional information from the User before or after the publication of a Comment, including any documents making it possible to establish the accuracy of the information published in a Comment. Among other things, the User must be in a position to prove that the Comment is based on a real Transaction carried out under normal circumstances with the Partner concerned.
Each User agrees to use the Service in compliance with the applicable laws and regulations and to behave in a fair and loyal manner vis-a-vis the Company, the Partners and more generally the other Users. Furthermore, the User assumes sole liability for the Comments he publishes on the Service and any resulting consequences. Consequently, the User agrees not to:
· Publish Comments or content (text, documents, images, etc.) unrelated to the rated Transaction;
· Upload, store, exchange, publish, post, communicate or forward in any manner Comments which risk infringing copyright, patents, trademarks, trade secrets or other Intellectual Property Rights belonging to any natural or artificial person;
· Publish Comments which infringe privacy and/or which cause harm to any persons (containing among other things, without this list being in any way exhaustive, defamatory, insulting, or rude remarks, etc.);
· Use elements related to his identity which contain bad language or insults;
· Publish Comments which contravene public policy, which are immoral, offensive or an affront to human dignity (containing among other things, without this list being in any way exhaustive, any apology for crimes against humanity, any incitation to racial hatred or sexism, or child pornography, etc.);
· Publish dishonest, deceptive or fraudulent Comments;
· Publish Comments containing inappropriate information concerning another Comment or its author;
· Publish Comments of which the text-based content includes random characters or combinations of words with no meaning;
· Publish Comments inciting legal action against a User, a Partner or the Company;
· Publish Comments mentioning websites, hypertext links, URLs, email addresses and telephone numbers, including those of the Partner or the manufacturer of the product;
· Supply erroneous data concerning his title and personal contact details, assume the identity of any other person, or access the data of a third-party User without his knowledge;
Publish Comments containing data, information and/or advertising of a commercial nature;
· Publish spam Comments and, more generally, disrupt or interrupt the Service or the servers or networks connected to the Service, expose the Service to virus or any other malware, interfere with security measures or attempt to overload the Service's servers;
· And, more generally, publish Comments likely to result in the User, the Partner concerned and/or the Company incurring civil or criminal liability.
The User acknowledges that the Company is entitled to remove any published Comments which do not comply with the above-mentioned rules, with it being hereby specified that in such an event the User will be:
· Informed of this removal and of the reasons for the removal of the Comment;
· Allowed to create a new Comment in order to make this compatible with the above-mentioned rules, where applicable.
In all cases, in the absence of publication of a new Comment published by a User having written a Comment failing to comply with the above-mentioned rules, the User acknowledges that the Company is entitled to refuse publication of or to remove his review, with no possibility for the said User to claim damages.
Furthermore, the Company is entitled to delete all Comments issued by the said User and to terminate his subscription to and use of the TrustVille Service.
The User is informed that the publication of each Comment is subject to pre-moderation, using an IT programme making it possible to identify certain illegal content (insults, bad language, discriminatory terms, etc.) as well as unintelligible content (series of symbols or meaningless characters, series of non-existent words, etc.).
On this point, the Company stresses that this automated process can under no circumstances exhaustively moderate all Comments which fail to comply with these GTCU.
Each User has an opportunity to request the verification of any disputed Comment published via the TrustVille Service, by means of the “Report this comment” form.
He must then explain the grounds on which the Comment should be withdrawn, justifying the facts and the legal situation concerned, and return the duly completed form by clicking on Send.
Incomplete notifications will be considered as invalid. The Users are also reminded that authors of abusive notifications may assume liability for them in application of article 6-I-4 of law no.2004-575 of 21 June 2004 on confidence in the digital economy.
The Company reserves the right to delete the Comments concerning a Partner in the event that the latter has undergone changes to the way it conducts its business, these being duly justified, namely:
- The disposal of its business to a third party;
- The disposal of its lease to a third party;
- Modifications to its chain and/or its business name;
- Mergers, absorptions or change of control affecting the Partner.
The Company agrees not to modify the Comments published by the Users.
However, if they wish, the Users may request the modification of their Comments by writing to firstname.lastname@example.org.
All Comments published via the TrustVille Service, whether positive or negative, are displayed subject to their compliance with these GTCU, with the Company performing no selection of the Comments.
The Comments are published in chronological order, from the most recent to the oldest, based on their publication date.
They are published in full, and will include the following information as a minimum:
- The User's first name and the first letter of his last name;
- The date of the Transaction;
- The publication date of the Comment;
- The rating assigned by the User;
- Any possible reply to the Comment from the Partner.
The ratings issued by the Users are not weighted.
The Company is the exclusive owner of all rights pertaining to the Service and its content, including among others, without this list being in any way exhaustive, the text, logos, information, analyses, images, photographs, graphical identity, audio content, software, icons, page layout, database, videos, source code or any other data featured on the Service. The Company is the ab initio holder of or has legitimately obtained the exploitation rights, in particular regarding the copyright, the rights to the designs, the rights to the databases and to the brands and trademarks, for the elements comprising the Service.
These GTCU grant the User the right to use the Service, which must not be interpreted as a transfer of Intellectual Property Rights concerning the Service, its structure and content, all of which remain the Company's property. The provision of the TrustVille Service under the conditions described in this document may not be considered as a transfer of ownership to the User.
Consequently, the User agrees that he will not perform any acts likely to directly or indirectly infringe the Intellectual Property Rights held by the Company concerning the Service, its structure and its content and, more generally, the associated brands and trademarks. On this point, any copying, distribution, reproduction and/or representation of the Service without the Company's prior express consent will constitute an infringement of the latter's Intellectual Property Rights, for which the perpetrator may incur civil and/or criminal liability.
All names of companies, registered trademarks and other professional characteristics featured on the Service are the property of the Company, of a Partner or a third-party owner and may only be used if prior consent has been granted by the Company, the Partner or the beneficiary concerned.
The Company does not declare itself to be the owner of the Comments which the Users publish on or via the TrustVille Service.
However, via this document the User grants the Company a non-exclusive, free, royalty-free, transferable, sub-licensable and global license for the use of all Comments published on or via the Service, with it being hereby specified that the Comments include all of their content, whatever its form.
This licence authorises the Company to use the Comments in various ways, including modifying their format, incorporating them in advertising and derivative works, highlighting them and displaying them prominently, distributing them, broadcasting and displaying them via all media, marketing them and enabling the Partners to display them on their own websites or media platforms.
Consequently, via the present document the User grants the Company his consent for the use of the Comments and renounces any claims regarding the moral rights or economic rights concerning them.
In strict compliance with the applicable laws and regulations, the Company must gather certain personal information to ensure the satisfactory operation of the TrustVille Service. This information is gathered pursuant to the provisions concerning the protection of personal data and is intended to provide the User with tailored and optimal use of the TrustVille Service.
The data concerning the User is collected and processed fairly and legally for specific and legitimate end purposes, without it being processed subsequently in any manner which is incompatible with these end purposes, in any form allowing for the identification of persons concerned, for a period not exceeding the duration necessary to the end purposes for which it is collected and processed.
When using the Service, the following personal data may be communicated to the Company or collected by it:
- The User's last name and first name;
- The User's date of birth;
- The User's gender;
- The User's email address;
- The User's landline and mobile phone numbers;
- The User's IP address;
- The User's browser settings (browser type, language, time zones, etc.);
- The User's location data (town, region, country);
- Identity of the Partner concerned by the Transaction;
- Invoice number related to the Transaction;
- Transaction date;
- Publication date of each Comment.
The Company respects the right to privacy of the Users whose personal data it collects. The Company complies with the provisions of law number 78-17 of 6 January 1978 modified by law number 2004-801 of 6 August 2004 concerning information technology, computer files and personal freedom (the French data protection act) and law number 2016-1321 of 7 October 2016 for a digital republic. Furthermore, during its activities, the Company takes into consideration the provisions of the European personal data protection regulation.
The automated processing of data is covered by a declaration to the CNIL (French data protection authority) under number 1594129 v 0. The Company agrees to protect its Users' personal data in compliance with the terms of these GTCU and the above-mentioned CNIL declaration, and in compliance with the provisions in force in France and the European Union.
The User is hereby informed that the personal data and the Comments received during the use of the Service are necessary to the use of the said Service, are only used for the purpose of the Service and are intended for the Company and its Partners, who will take all necessary precautions to preserve the security of the said data in as far as possible.
This information is collected for the following purposes:
· To enable him to access the TrustVille Service,
· To enable him to publish a Comment for a Transaction,
· To communicate the collected Comments to the Partners,
· To collect and process the Users' Comments for statistical purposes,
· To enable the Company and the Partner concerned to contact the User following the publication of a Comment,
· To display the Comments on the Partners' websites, with an indication of the User's first name, the first letter of his last name, the date of the Transaction and the publication date of the Comment,
· To allow for the listing of the Comments by the search engines or any other online opinion indexing, rating and/or commenting service,
· To allow for the consultation of the Comments by any surfer, including an indication of the User's first name, the first letter of his last name, the Transaction date and the publication date of the Comment,
· To provide the Partners with anonymous evaluation reports concerning the quality of their services.
The Comments collected are displayed on the Internet for a minimum period of twelve (12) months as from the publication date.
The personal data collected is stored by the Company for a period of 24 (twenty-four) months from the publication date of each Comment. It is then archived and will be used exclusively during litigation and during the legal period of limitation.
The Users' personal data is collected either (i) directly by the Partner during the performance of the Transaction, in which case the User's consent to the processing of his personal data is obtained by the Partner, or (ii) at the time a Comment is published on the TrustVille Service. In all cases, the prior, express consent of the Users to the collection and processing of their personal data is obtained by means of a tick box.
For the use of the Service, the User agrees to be re-contacted and to receive emails and/or text messages, including for the purpose of verifying his situation or tracking his Comment. The User is hereby informed that the email and/or text message sending functions are activated when each Comment is published by means of tick box or an affirmative answer to a question seeking consent for the use of the User's personal data.
Any User is free to withdraw his consent to the processing of his personal data at any time by sending an email to the following address: email@example.com.
The User has a right to access, modify, rectify and delete the personal data concerning him, pursuant to the provisions of the version of the law concerning information technology, computer files and personal freedom (the French data protection act) of 6 January 1978, in force on the date this document is issued. The access, modification, rectification and deletion rights mentioned in the previous paragraph may be exercised by contacting the customer service department at the following email address: firstname.lastname@example.org.
The data collected may be transferred to the Company's Partners and undergo processing for statistical or commercial purposes. The User is informed that at his request he may receive information concerning the processing of the data concerning him, in compliance with the following procedure:
· Submission of a written and signed request by the User, accompanied by a photocopy of an identity document, the publication date of the Comment concerned and a copy of the invoice concerning the Transaction which is the subject of the Comment, these to be sent to the Company's head office;
· Request sent to the Company, accompanied by the above-mentioned items of proof, to the following email address: email@example.com.
This data may also be sent to Partners based outside the European Union, if the following conditions are met:
· The country to which the data is transferred is recognised by the European Commission as offering an equivalent level of protection concerning personal data;
· Standard contractual clauses approved by the European Commission are signed between the Company and each Partner,
· One or several exceptions as provided for in article 69 of the “Informatique et libertés” law (French data protection act) apply.
The Company is the data controller for the personal data.
To improve the interactive aspects of the Service and the user experience, the Company may track the User's browsing using cookies or any other technique making it possible to trace his navigation on the Service and to collect the data concerning him.
A cookie is a file which does not make it possible to identify the User but is used to record information concerning his browsing within the Service.
The cookies are used by the Service for the following purposes:
· To recognise the User and identify his connections to the Service;
· To optimise the user experience offered by the Service;
· To measure traffic for statistical purposes;
Among others, our Service uses the services of following third parties who may participate in the installation of cookies:
The User is informed that he may oppose the installation of cookies by following the procedure described in his browser's “Internet Options” tab. However, configuring the browser to exclude cookies may adversely affect the satisfactory operation of the Service or even prevent its use altogether. Under no circumstances may the Company be considered liable for this.
The Company offers no guarantees concerning the continuity of the Service in as far as it is bound only by an obligation of due diligence. Accordingly, the Company does not guarantee the error-free or uninterrupted operation of the Service, or the accuracy and up-to-date nature of its content, with the Service being provided “as is”.
The Company may modify the content and features of the Service without notice, and will incur no liability for this. Furthermore, it may not be considered liable in the event of the temporary or total non-availability of all or part of the Service, of any difficulties concerning response times, or, more generally, any performance issues of any form.
The TrustVille Service contains hypertext links to the Partners' websites. These are not under the Control of the Company, which may not be considered liable for the availability of these external sources and the content of these linked websites.
The Company supplies these links for convenience purposes, which in no way implies any affiliation, sponsorship, patronage or recommendation of the said websites. Consequently, the Company may not be considered liable in the event of any proven or alleged losses or damages incurred by the User after consulting the external websites and resources.
The Comments circulated via the TrustVille Service are published for information purposes only. Under no circumstances may the Company be considered liable for the said Comments. The use of the TrustVille Service is carried out under the Users' liability at all times.
The Company may under no circumstances be considered liable for any losses or damage suffered by any User, any Partner or any third party resulting directly or indirectly from the Comments published online via the Service.
The Company may under no circumstances be considered liable for managing the Intellectual Property Rights related to the Comments.
Under no circumstances may the Company be considered liable for the unauthorised reproduction or use of the Comments, or any consequences of such use or reproduction.
The Company is not liable for the processing of the personal data communicated directly by the Users to the Partners.
The Company does not guarantee that the information presented concerning the Partners is detailed, complete, verified or accurate. The documents, information, descriptive sheets and more generally any content shown on the Service is supplied “as is”, without any express or implied guarantee or warranty. Furthermore, the Company does not guarantee that any photos shown on the Service are contractual.
The Company may under no circumstances be considered liable for any direct, indirect or consequential losses arising from the use of the Service, including, without this list being considered exhaustive:
- Any loss of profit and/or of turnover,
- Any loss or corruption of data or data recovery,
- Any loss of customers,
- Any security breaches resulting from failings with a third-party communication service and/or the Internet.
These GTCU are governed by French law. This applies both for the substantive rules and the procedural rules, notwithstanding the execution venues of the fundamental or subsidiary obligations related to the use of the Service. Any possible litigation concerning the interpretation or performance of the GTCU will be subject to the jurisdiction of the courts with jurisdiction for the matter in the catchment area of the Court of Appeal of Paris.
The total or partial invalidation of any clauses of these GTCU under the terms of a legal or regulatory provision, or a final legal ruling, will not lead to the invalidation of the other clauses or the part of the clause not declared invalid. These will be replaced by other valid stipulations which, concerning their scope, will approach those of the stipulations declared void in as far as possible and in as far as the law allows.
• The TrustVille Service is published and operated by the Company, a simplified joint stock company with a registered capital of €936.25, having its registered office at 51 rue de Chabrol, Paris 75010, registered in the trade and company register under the unique identification number 751 226 606.
• Contact: firstname.lastname@example.org, +33 1 79 72 37 73
• VAT number: FR66751226606
• Host: OVH SAS - 2 rue Kellermann - 59100 Roubaix – France, simplified joint stock company with a registered capital of €10,000,000, registered in the trade and company register (RCS) of Roubaix – Tourcoing 424 761 419