Terms of Services accessible on the sitroom.io platform
Last update on 04/02/2024
1. Object
The purpose of these general conditions (hereinafter: the "General Conditions") is to define the conditions under which the company SITROOM, SAS registered with the RCS of Versailles under number 890 305 709, whose registered office is located at 12, avenue des Prés 78180 MONTIGNY-LE-BRETONNEUX-France (hereinafter: “Sitroom”) provides companies (hereinafter: the “Clients”) with collaborative mapping services dedicated to information management for the benefit of the teams defined herein (hereinafter: after: the “Services”) via the website www.sitroom.io (hereinafter: the "Site") and the account in the name of the Customer required to use the Services (hereinafter: the "Customer Account"), as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the Site page.
The General Conditions express the entire agreement of the parties. They cancel and replace any previous agreement, letter, offer or other written or oral document having the same purpose.
They can only be supplemented, where applicable, by conditions of use specific to certain Services or certain Customers appearing on the order form referred to in Article 2 (hereinafter: the “Order Form”). The special conditions of use and the Order form constitute, with the General Conditions, an inseparable contractual whole (hereinafter: the "Contract"). In case of contradiction, the specific conditions of use and the Order Form prevail over the General Conditions.
2. Ordering Services
Sitroom and the Customer determine by mutual agreement the extent of the Services to be provided and their price, according to the needs expressed by the Customer, in particular the number of users concerned (hereinafter: the “Users”). To this end, it will be the Customer's responsibility to provide Sitroom with all the information useful for the implementation of the Services.
The agreement reached is summarized and sent by e-mail by Sitroom to the Client. The Customer will mark his final agreement according to the terms required by Sitroom in his e-mail.
When the Client subscribes to the Services as part of an annual commitment, the agreement reached is the subject of an Order Form sent with these General Conditions. The Customer will accept and/or sign the Order Form in the manner required by Sitroom in its e-mail in order to mark its final agreement.
3. Acceptance of the General Conditions
The agreement given by the Customer, under the conditions set out above and according to the procedures required by Sitroom, entails its acceptance of these General Conditions. This acceptance can only be full and complete. Any conditional membership is considered null and void. The Customer who does not agree to be bound by these General Conditions must not access the Site or open a Customer Account or use the Services.
4. Access to Services
4.1 Opening of the Customer Account
The use of the Services requires the prior opening of the Customer Account. The opening of the Client Account is carried out as follows:
the Customer opens a Customer Account on the registration page of the application by completing the form provided for this purpose. The Customer must provide all the information marked as mandatory, namely: First name, Last name, valid email address and password. Any incomplete registration cannot be validated.
4.2 User Access to the Services
When the Customer Account is opened, he then benefits from access to the functionalities of the software on the webapp, whether on computer or mobile.
Users are divided into two categories:
· A referent administrator of the Customer Account (hereinafter: "the advanced Administrator" or "superadmin"); by default the SitRoom technical team is superadmin;
· A user registered on the application (hereinafter: "the User");
The Customer is solely responsible for the registration of Users on the corresponding Accounts, their assignment to one of the categories referred to above, as well as the accuracy and veracity of the information to be provided by Users.
When their registration is validated, Users access their personal space which allows them to manage their use of the Services, according to their status. These statutes are four in number:
- _cc781905-5cde-3194-bb3b-136bad5cf58d
- _cc781905-5cde-3194-bb3b-18d5
- _cc781905-5cde-3194-bb3cfb-18d_paying386bad5: Pro account with limitations
- cc781905-5cde-3194-bb3b-186bad5
Access to the Services is achieved without prior installation on the Users' workstations.
Technical documentation relating to the use of the Services is made available to Users, on the website https://www.sitroom.io/faq .
4.3 Personal use of the Services
The Services are reserved exclusively for Users previously selected by the Customer and registered by him.
The Customer undertakes to ensure that Users do not allow any third party to use the Services in their place or on their behalf, except to bear full responsibility. He is solely responsible for maintaining the confidentiality of User login credentials.
The Customer alone will take all measures that he deems necessary in the event of the use of Users' accounts without their knowledge by a third party.
The Client must also immediately contact Sitroom if he finds that one or more of the Accounts have been used without his knowledge. He acknowledges that Sitroom has the right to take all appropriate measures in such cases.
5. Description of Services
The following Services may be provided by Sitroom to the Client, in whole or in part, in a form and according to the functionalities and technical means that Sitroom deems most appropriate. Sitroom grants the Customer a license to use the Services, as defined below, in SaaS (Software as a Service) mode. It is strictly forbidden for the Customer to grant sublicenses to third parties.
5.1 Provision of a collaborative mapping solution on webapp
Sitroom provides the Customer with a software solution (hereinafter: the "Solution"), intended to facilitate the preparation, organization and monitoring of the activity of the members of a team or several teams of Users by creating collaborative cartographic situations (hereinafter: the “Situations”).
The use of the mapping service published by Mapbox implies acceptance of the general conditions of use of the Mapbox services (https://www.mapbox.com/legal/tos) interfaced in API with the SitRoom solution. This acceptance is effective upon validation of the SitRoom T&Cs.
5.1.1 Creating a situation
The Solution allows advanced Administrators and users to create collaborative groups around a map by inviting other users with a Client account.
They then become the administrators of this "situation", giving them various rights described in 5.1.2.
5.1.2 Managing a situation
Administrators are the only ones authorized to manage a situation: modify the title and central location, add or remove users, lock the situation, archive the situation.
5.1.3 Participation in a situation
All parties can interact on the situation either via chat or by creating, modifying or deleting data sheets entered on the map. It is also possible for them to consult all the data via the table view and to use the filter and search functionalities of the georeferenced data entered on the situation map.
5.2 Tracking Service
It is possible to interface connected objects on the platform to transmit a geographical position (hereinafter called Trackers). This is done through a tracker made available by SitRoom and including a subscription either provided by the Client or contracted with SitRoom.
The use of this service implies the acceptance of the general conditions of use of the Twilio SMS server service (https://www.twilio.com/legal/tos) interfaced in API with the SitRoom solution. This acceptance is effective upon validation of the SitRoom T&Cs.
Use of the communication service implies acceptance of Matooma's general conditions of use. This acceptance is effective upon validation of the SitRoom T&Cs.
Another way of integrating one or more trackers is to connect to an Ariane SOS administrator account. Use of the Ariane service implies acceptance of the terms of use (https://arianesos.com/privacyPolicy). This acceptance is effective upon validation of the SitRoom Terms of Use.
The Customer must comply with the legislation concerning the use of means of tracing. Under no circumstances can SitRoom be responsible for the terms of implementation of this service by this Customer.
5.3 Maintenance and technical support
5.3.1 Corrective maintenance
Sitroom undertakes to ensure, during the term of the Contract, the corrective maintenance of the Solution, understood as the diagnosis and correction of any bug or reproducible malfunction reducing or preventing the use of the Services (hereinafter: the "Anomalies") ).
Anomalies fall into three categories:
· “Critical Anomaly”: Anomaly making full use of the Platform impossible;
· “Major Anomaly”: Anomaly reducing the use of the Platform by preventing the use of certain essential functionalities;
· “Minor Anomaly”: any Anomaly making it impossible for the Customer to use one or more non-essential functionalities of the Platform.
The Customer undertakes to declare to Sitroom any Anomaly, not attributable to improper use of the Solution via the messaging service referred to in Article 5. 3.3.
The Customer undertakes to describe as precisely as possible the difficulty or difficulties encountered and the circumstances in which it (these) occurred.
Sitroom will carry out the diagnosis of the Anomaly, based solely on the indications provided by the Customer in the incident report. In particular, it will check whether the reported Anomaly is caused by the Solution.
If Sitroom finds that the Anomaly is not caused by the Solution or the Services, it will inform the Customer thereof without delay. Otherwise, the diagnosis will indicate to the Customer the action plan, the means and the deadlines necessary to correct the Anomaly.
The diagnosis will take place within the following timeframes from receipt of the maintenance request:
· Critical Anomaly: diagnosis established within twenty-four (24) hours;
Major Anomaly: establishment of a diagnosis within four (4) days;
Minor Anomaly: establishment of a diagnosis within seven (7) days.
These deadlines are within the framework of Sitroom's intervention periods, namely between 9 a.m. and 7 p.m. during working days. A working day means an uninterrupted period of ten (10) hours, Monday to Friday, between 9:00 a.m. and 7:00 p.m., Paris time, France. Any delay that started during this time slot will expire at the same time on the last business day of the delay.
5.3.2 Evolutionary maintenance
Sitroom provides the Customer with evolutionary maintenance services for the Solution, understood as the provision of any new update, designating the compilation of corrections of Anomalies and the improvements made to the Solution in relation to its ergonomics, its speed of execution or its effectiveness.
Sitroom alone determines the number of updates it delivers during the term of the Agreement. Sitroom may decide not to provide any updates during the term of the Agreement. Updates may be carried out automatically and without prior information, which the Customer expressly acknowledges and accepts.
The Customer expressly acknowledges and accepts that the installation of any new version of the Solution, understood as the development of new functionalities, is not included in the Evolutionary Maintenance Service and must be the subject of a new order.
5.3.3 Technical Support
Apart from the corrective and evolutionary maintenance Services, and for any question related to the use of the Services, Sitroom offers the Customer technical support consisting of assistance and advice.
Technical support can be reached at [email protected] .
Depending on the need identified, Sitroom will estimate the deadline for its response and the nature of the latter and will keep the Client informed.
5.4 Accommodation
Sitroom undertakes to ensure, under the terms of an obligation of means, the hosting of the Solution and the Services, as well as the data produced by the Administrators and Users and accessible on the situations via a service provider. professional accommodation operating in accordance with the practices of the profession and the state of the art.
As it stands, the professional hosting provider is OVH, whose head office is located at 2 rue Kellermann, 59100 Roubaix. The Solution, the Services and the data produced by the Administrators and Users are hosted in a partitioned space specific to Sitroom on a dedicated server located in France, provided by OVH. They will not be transferred outside of Europe.
The Customer acknowledges and accepts recourse to OVH. OVH's terms of service, in particular the appendix relating to the protection of personal data taking into account the GDPR, can be consulted on the OVH website (see in particular:https://www.ovh.com/fr/protection-donnees-personnelles/).
In this context, Sitroom undertakes to provide the Customer with sufficient storage and processing capacity to use the Services, in accordance with the practices of the profession and the state of the art.
Sitroom undertakes to implement all the technical means, in accordance with the state of the art, necessary to ensure security and access to the Services, relating to the protection and monitoring of infrastructures, the control of physical and/or immaterial access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect the servers from malicious acts.
Sitroom also undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the automated processing of data implemented for the needs of the Services, to preserve the security of the data, and in particular to prevent them from are distorted, damaged or accessed by unauthorized third parties.
Sitroom undertakes to ensure the permanence, continuity and quality of access to the Services and the operation of the Solution. As such, Sitroom will make its best efforts to maintain access to the Services 24 hours a day, 7 days a week and guarantees the availability of the Services at 98%, except in cases of force majeure.
Given the complexity of the Internet, the unequal capacities of the different sub-networks, the influx of Users at certain times, the different bottlenecks over which Sitroom has no control, Sitroom's liability will be limited the operation of the servers on which the Solution is hosted, the outer limits of which are constituted by the connection points.
Sitroom cannot be held responsible for (i) access speeds to said servers, (ii) external slowdowns to said servers, and (iii) poor transmissions due to a failure or malfunction of these networks.
If necessary, Sitroom reserves the right to limit or suspend access to the Services to carry out any maintenance of the Solution. In this case, Sitroom undertakes to inform the Customer at least twenty-four (24) hours in advance, by any useful means and in particular by general informative message on the home page of the Solution, of these maintenance.
In the event of hardware and/or software failure of its equipment, Sitroom undertakes to implement all necessary means to restore access to the Services as soon as possible and at its own expense.
5.5 Other Services
Sitroom reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to provide said Services.
6. Financial conditions
6.1 Prices and payment for the Services
In return for the provision of the Services, the Customer agrees to pay Sitroom the agreed price. The price of the Services is due by the Customer at the beginning of each subscription period.
The price list of the Services may be revised at any time by Sitroom, after prior written notification to the Client by any means. The Customer then has a period of one (1) month to terminate the Contract by sending Sitroom a registered letter with acknowledgment of receipt. If the Customer does not terminate the Contract within this period, the new price scale will be applicable from the first due date (annual or monthly) following this 30-day period.
For new Customers, the modified prices of the Services will automatically apply to any order after the date indicated on the new scale.
The Services are the subject of invoices per subscription period, sent by Sitroom to the Customer by any useful means.
The price is indicated in euros, excluding and including tax.
Any increase in Value Added Tax (VAT) will be automatically and immediately reflected in the price.
For the purposes of payment for the Services, Sitroom sends the Customer a SEPA direct debit mandate to be completed and returned to Sitroom, if applicable, with the Order Form or when opening the Customer Account.
6.2 Payment delays and incidents
The Customer is informed and expressly accepts that any delay in payment of all or part of an amount due on its due date will automatically and without prior notice:
1. Forfeiture of the term of all sums owed by the Customer and their immediate payment;
2. The invoicing for the benefit of Sitroom of late payment interest at the rate of the European Central Bank (ECB) in its most recent refinancing operation plus ten (10) points, based on the amount of all the sums owed by the Customer, as well as a lump sum compensation of €40 (forty) for recovery costs;
3. As of the seventh (7th) day following the expiry of the first unpaid term, the suspension of the Services in progress until full payment of all sums owed by the Customer.
7. Obligations, responsibilities and guarantees of the Client
Without prejudice to the other obligations provided for herein, the Customer undertakes to comply with the following obligations.
7.1
The Customer is solely responsible for the use of the Services, more particularly (i) the use of the Services by the Users themselves and their compliance with these General Conditions, for which he guarantees, (ii) his relations with its customers and Users, in particular any disagreements or disputes having as their cause or origin the use of the Services and (iii) the relations that Users have with each other in the context of their use of the Services.
The responsibility of Sitroom can in no case be engaged in this respect.
7.2
The Customer is solely responsible for compliance with the laws and regulations in force applicable to his activity.
He is also solely responsible for the proper fulfillment of all administrative, tax and/or social formalities and for all payments of contributions, taxes or duties of any kind, which are his responsibility in connection with his use of the Services.
The responsibility of Sitroom can in no case be engaged in this respect.
7.3
In accordance with article 10 of these General Conditions, the Customer is solely responsible for the processing of personal data that may be collected in the context of the use of the Services by the Customer. In this respect, he undertakes to make all declarations and/or requests for authorization and other steps that may be necessary with the National Commission for Computing and Liberties (CNIL) or any other competent supervisory authority.
Sitroom only intervenes in this respect as a subcontractor and implements the means necessary to maintain the security and confidentiality of said data.
7.4
The Customer is prohibited, in its own name and in the name of the Users, from assigning, granting or transferring all or part of its rights or obligations hereunder to a third party, including if this third party has a direct or indirect link with the Customer. or any of the Users, in any way.
7.5
The Customer declares to have read the characteristics, functionalities and constraints, in particular technical, of all the Services, that he is informed of the technical configuration necessary for their use by Users, that he has received from Sitroom all advice, instructions and clarifications that are necessary for him to subscribe to the Contract in full knowledge of the facts, that he thus has sufficient knowledge of the Services and that he has, prior to these presents, sufficiently exchanged with Sitroom to ensure that the Services correspond to its expectations, needs and constraints.
7.6
The Client undertakes to provide Sitroom with all the documents, elements, data and information necessary for the proper performance of the Services. More generally, the Customer undertakes to cooperate actively with Sitroom with a view to the proper execution of these presents and to inform it of any difficulties related to this execution.
7.7
The Customer acknowledges that the Services offer him an additional, non-alternative, solution for collaborative communication and management of the activity of his organization and that this solution cannot replace the other means he may have elsewhere to achieve the same objective. .
7.8
The Customer is informed and accepts that the implementation of the Services requires that the Users be connected to the internet and that the quality of the Services depends directly on this connection, for which the Customer is solely responsible. Sitroom cannot be held responsible for network line interruptions.
7.9
The Customer guarantees Sitroom against any complaints, claims, actions and/or claims that Sitroom may suffer as a result of a breach by the Customer or the Users of any of its obligations or guarantees under the terms hereof.
He undertakes to indemnify Sitroom for any prejudice it may suffer and to pay all costs, charges and/or judgments that Sitroom may have to bear as a result.
8. Liability and warranty of Sitroom
8.1
Sitroom undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Customer expressly acknowledges and accepts. .
8.2
Sitroom's intervention is limited to the sole provision of the Services described in Article 5, to the exclusion of all others. As such, the Customer acknowledges and accepts that the Services are provided to him personally, Sitroom having no relationship with the Users or any other third party and not providing them with any service. The Customer undertakes to exonerate Sitroom from all disputes or disputes between said persons and to take personal responsibility for their resolution.
8.3
The Customer expressly acknowledges and accepts that Sitroom does not intervene in the organization of the activity of his organization.
In this respect, the use of the Services is the sole responsibility of the Customer, who undertakes to exonerate Sitroom from any disputes or disputes that may arise in these areas and to make their resolution personal.
8.4
Sitroom has no knowledge of the information and messages provided by the Administrators and Users on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it only intervenes as a service provider. accommodation. Administrators and Users are solely responsible for all content and information provided by them. The Customer undertakes to inform Sitroom without delay of any complaints that may reach him directly on this subject. Sitroom will be the sole judge of the actions to be implemented in this case, in its capacity as host.
8.5
Sitroom undertakes to make its best efforts to ensure the security of the Solution and the storage of its data. It guarantees exclusive access for Users to storage spaces and refrains from communicating the content to any third party.
However, Sitroom cannot be held liable in the event of malicious entry into the storage space reserved for the Customer, since it has not been demonstrated that the security measures it has put in place were seriously flawed. .
In addition, Sitroom cannot be held responsible for any lack of vigilance on the part of Users in maintaining the confidentiality of their username and password.
8.6
Sitroom undertakes to use the information, documents, data and more generally all the elements that may be transmitted to it within the framework of these presents only for the purposes of the execution of these presents. It undertakes not to distribute or share these elements with any third party whatsoever, unless expressly requested or agreed by the Customer.
Sitroom is thus prohibited in particular from using this data for the purposes of prospecting or commercial solicitation.
8.7
Sitroom certifies that it holds an insurance policy guaranteeing its professional civil liability. It undertakes to keep this insurance policy in force for the duration of the Contract.
8.8
Sitroom does not guarantee to the Customer that the Services, subject to constant research to improve performance and progress in particular, will be totally free of errors, defects or faults. In any event, Sitroom reserves the right to temporarily interrupt access to the Services for maintenance reasons.
Similarly, Sitroom cannot be held responsible for temporary difficulties or impossibilities in accessing the Services which may be caused by circumstances external to it, force majeure, or which may be due to disruptions in telecommunications networks.
8.9
In any case, the liability likely to be incurred by Sitroom hereunder is expressly limited to the only proven direct damages suffered by the Customer as a result of his use of the Services, excluding any indirect, commercial, financial or moral.
In addition, in the event that Sitroom is held liable for such direct damages, the damages owed by Sitroom to the Customer may not exceed an amount greater than the amounts invoiced by Sitroom for the provision of the Services which gave rise to its liability. during the six (6) months preceding the occurrence of the alleged damage. Moreover, Sitroom's liability may only be incurred if the Customer has issued a complaint, by registered letter with acknowledgment of receipt, within one month of the said occurrence.
9. Sitroom Intellectual Property
Sitroom is and remains the owner of the property rights relating to any element of the Services made available to the Customer, as well as, more generally, the IT infrastructure implemented or developed by Sitroom under the Contract.
Sitroom is notably the holder of all the intellectual property rights related to the Services. The intellectual works and trademarks used in connection with the Services belong to Sitroom.
This Contract does not confer on the Customer any intellectual property rights over the Solution, as well as over the systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database data, etc.) composing it and operated by Sitroom. The Customer only has a user license for these elements, under the conditions defined herein.
Consequently, all disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Sitroom are strictly prohibited and may be the subject of legal proceedings.
10. Protection of personal data processed by Sitroom
As part of the execution of its missions, Sitroom has access to data of a personal nature within the meaning of law 78-17 of January 6, 1978 as amended (hereinafter, the "Data Protection Act") and/or is required to process them, as a subcontractor, on behalf of the Client, acting as data controller (hereinafter, the “Personal Data”).
Under these conditions, Sitroom undertakes to comply with all the regulations in force and in particular the provisions of the Data Protection Act, as well as those of European Regulation 2016/679 relating to the protection of natural persons with regard to data processing. of a personal nature and on the free movement of such data (hereinafter the "Regulations"), which comes into force on May 25, 2018.
10.1. Personal Data and categories of data subjects
Personal Data will only be accessed and processed to the extent strictly necessary for the execution by Sitroom of its missions as specified herein.
10.2. The Personal Data of Sitroom employees processed by the Client
As part of the execution of the contractual relationship, the Customer is required to process the Personal Data of Sitroom employees. These personal data are: surnames, first names, their professional mobile phone number, professional postal address and their professional email. The customer undertakes to process the Personal Data of Sitroom employees in accordance with the amended Data Protection Act No. 78-17 and the European regulations applicable to the protection of personal data.
10.3. Technical and organizational measures put in place
Sitroom will take all technical and organizational measures intended to guarantee the security and confidentiality of Personal Data in order to prevent their destruction, deterioration, modification, loss, disclosure or access in an accidental, unauthorized or illegal manner and any form of processing illegal.
The security measures taken by Sitroom will comply with the regulations in force and will be proportional to the risks represented by the processing and the nature of the Personal Data to be processed, taking into account the state of the art in terms of security measures to protect these data and the costs of implementing these measures.
Sitroom undertakes to respond to the Client's audit requests relating to Sitroom's obligations, as provided for in Article 10 of these Conditions, with regard to the protection of Personal Data. This audit will be carried out at the Customer's expense, maximum once a year. The Client will communicate to Sitroom the date of the audit, the auditing company, the list of documents he wishes to audit and/or the Sitroom employees he wishes to meet, at least 15 days in advance in writing (email or mail).
10.4. Privacy
Sitroom ensures that any natural person, acting under its authority, and who has access to Personal Data, processes it only to the extent strictly necessary for the performance of its missions. In this regard, Sitroom ensures that its employees, agents, or any other person authorized to access and process Personal Data on its behalf undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality.
Sitroom undertakes to keep Personal Data confidential and agrees not to disclose it to third parties without having first received the Customer's prior written consent.
10.5. Use of a subcontractor
Customer authorizes Sitroom, acting as a processor, to engage sub-processors to fulfill its contractual obligations under these Terms, provided that each sub-processor is bound by the same data protection obligations as those contained in these Conditions, in particular with regard to presenting sufficient guarantees as to the implementation of appropriate technical and organizational measures.
If Sitroom engages a new subcontractor, it will notify the Customer in writing as soon as possible and the Customer will notify Sitroom in writing within ten (10) days if he objects. In the absence of any written objection, the Customer is deemed to have approved the sub-processing and Sitroom's commitment to the sub-processor.
When the subcontractor does not fulfill its obligations in terms of data protection, Sitroom remains fully responsible for the performance by the latter of its obligations towards the Client.
10.6. Instructions and request for information
Sitroom will deal appropriately and as soon as possible with all instructions and requests for information from the Customer relating to the processing carried out.
If, in its reasonable judgment, Sitroom or a sub-processor believes that the processing of personal data may violate any law, rule or regulation or if Sitroom or a sub-processor, is compelled to comply with a legal request for data personal information, Sitroom shall promptly notify Customer of such potential breach or request. As the case may be, Sitroom may suspend or modify processing in light of applicable law, rule or regulation and/or comply with such legal request, in each case without fault or liability in respect thereof, notwithstanding the instructions of the Customer or these Terms.
Sitroom undertakes to correct, erase, lock, update all Personal Data as soon as it receives instructions from the Client.
In addition, Sitroom will cooperate fully with the Customer in the event of a request for information or control of the processing carried out by any organization such as the CNIL.
10.7. Notification and support
In order to allow the Customer to notify the CNIL of any occurrence of a Personal Data breach within the time limits, Sitroom undertakes to inform the Customer in writing of any occurrence of such a violation within 24 hours following the discovery of this violation. In this context, Sitroom undertakes to cooperate with the client in order to enable him to have the information required by Articles 33 and 34 of the Regulations.
In the event that the processing of Personal Data carried out is likely to create a high risk for the rights and freedoms of natural persons and where the Customer must carry out a "data protection impact analysis" or a "consultation prior”, in accordance with Articles 35 and 36 of the Regulations, Sitroom undertakes to provide it with all necessary assistance so that the Customer can fulfill the obligations incumbent on him.
10.8. Maintaining a register of categories of processing activities
Sitroom declares to keep a register of all categories of processing activities carried out on behalf of the Client in accordance with the Data Protection Act and Article 30 of the Regulations.
10.9. The transfer of personal data
In principle, Sitroom does not transfer the personal data it processes outside the European Economic Area.
Sitroom declares that all the IT resources used for data processing are located on the territory of the European Union.
10.10. Guarantee and limit of liability
Sitroom undertakes to guarantee and hold the Customer harmless against any legal conviction that may be imposed on him due to a failure by Sitroom to fulfill its obligations arising from this clause or the applicable regulations.
10.11. Obligations of the parties
The Client undertakes to:
· Provide Sitroom with the Personal Data necessary for the execution of the Conditions;
· Document in writing any instruction concerning the processing of Personal Data by Sitroom;
Ensure, before and during the processing period, that Sitroom complies with the obligations provided for by the applicable provisions;
Supervise processing, including performing audits and inspections with Sitroom.
Sitroom undertakes to:
Inform the Customer as soon as possible of any breach of its obligations;
Implement all the necessary measures to guarantee compliance by its staff with the obligations relating to Personal Data;
· Make available to the Customer the documentation necessary to demonstrate compliance with all its obligations, defined by article 10 of these Conditions, in terms of protection Personal Data;
· To cease, at the end of the relationship that binds it to the Customer, for whatever reason, any new processing of Personal Data not necessary for the proper execution of its missions and, at the Customer's option, to erase or return to the Customer all of the Personal Data. However, Sitroom has legal, regulatory and contractual obligations to retain documents for sometimes longer periods. Such personal data will continue to be subject to the terms hereof.
11. Confidentiality
Each of the parties undertakes to keep strictly confidential all documents and information of a legal, commercial, industrial, strategic, technical or financial nature which have been designated to it as confidential by the other party, of which it would have had knowledge on the occasion of the conclusion and performance of the Contract, and not to disclose them without the prior written consent of the other Party.
This obligation does not extend to documents and information:
Of which the receiving Party was already aware;
Already public at the time of their communication or which would become public without violation of this agreement;
· _ Which would have been lawfully received from a third party;
Whose communication would be required by the judicial authorities, in application of laws and regulations or in order to establish the rights of a Party under this CONTRACT.
This obligation of confidentiality extends to all employees of the Parties as well as to their affiliates, subcontractors and co-contractors, in particular to Users.
It will continue to produce its effects for three (3) years from the end of the Contract.
12. External service provider
The Customer is informed and expressly accepts that Sitroom may use any service provider, supplier or subcontractor of his choice to obtain the means necessary for the performance of the Services and/or entrust to any service provider, supplier or subcontractor of his choice the performance of all or part of the Services. Sitroom may communicate to the partner, supplier or subcontractor concerned all the documents, elements, data and information necessary for this purpose. Sitroom will in any case remain solely responsible for the proper performance of the Services and its obligations towards the Client.
13. Commercial references
The Customer expressly authorizes Sitroom to quote it and to use, where appropriate, the reproduction of its brands or logos as commercial references, in particular during demonstrations or events, in its commercial documents and on its website, under any form whatsoever, during the term of the Contract and beyond, for a period of three (3) years.
14. Third Party Links and Sites
Sitroom can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which Users may access via the Site.
Sitroom accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are reminded that they are governed by their own terms of use.
Sitroom is also not responsible for transactions between Users and any advertiser, professional or merchant (including any partners) to which Users may be directed through the Site and cannot under any circumstances be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.
15. Duration
The Services are taken out by the Customer in the form of a subscription for an annual or monthly period or defined by the Parties. The choice of the subscription period as well as its start date are specified when subscribing to the Services.
In the absence of precision in the Order Form (when the subscription of the Services has been the subject of it), the subscription is deemed to have been subscribed for a period of one year from the date of acceptance of the Order Form. .
This subscription is then tacitly renewed for the same duration of one year or one month (equal to the duration initially subscribed), from date to date, unless terminated by the Customer or Sitroom, by any useful written means, at most later than one (1) month before the end of the current term for a subscription of an annual duration, or at the latest five (5) days before the end of the current term for a subscription of a monthly duration, or within conditions provided for in article 6.1.
Any subscription period started is due in full, regardless of its duration.
Sitroom will notify by any written means, seven (7) days at least before the end of the monthly subscription or one (1) months before the end of the annual subscription, the renewal terms offered to the Customer if these differ from the applicable conditions.
16. Termination
Subject to the provisions of Article 8.9, in the event of a breach by one of the parties of its obligations under the Contract, the other party may terminate the Contract fifteen (15) days after receipt by the defaulting party of a formal notice, without effect, by registered letter with acknowledgment of receipt, mentioning the intention to apply this clause, without prejudice to any damages that may be claimed from the defaulting party.
17. End of contract
At the end of the Contract, for any reason whatsoever, the Client and the Users must immediately cease all use of the Solution and the Services.
It is the Customer's responsibility to ensure that the Users concerned and in particular the Administrators and Users save the data resulting from their use of the Services, in particular those accessible on the Schedules on the end date of the Contract. The Customer is informed that the termination of the Contract, for any reason whatsoever, results in the deletion of the Customer Account and the Establishment Accounts, thirty (30) days from the effective date of termination of the Contract.
18. Election of domicile
For the execution of the present, the Customer elects domicile at his address, as it appears in the Order Form or, failing that, as informed when opening the Customer Account. Sitroom elects domicile at the address appearing at the top of these General Conditions. The Parties undertake to inform each other of any change of address by any useful written means and in particular by email. Failing this, any mail sent to the above address will be deemed to have been validly received.
19. Applicable law and jurisdiction
These General Conditions and the Contract are governed by French law.
In the event of a dispute over the validity, interpretation, execution and/or these General Conditions and/or the Contract, the parties agree that the courts of Versailles will have exclusive jurisdiction to judge.