GENERAL TERMS AND CONDITIONS
Preamble
Hubtobee located at 16 allee des Haras, 92420 Vaucresson, registered at the Nanterre RCS under the number 811 280 536, ("the Company") operates an application allowing employees to know the business trips within their company, to plan their movements and to contact the employees present in the offices during their travels. ("The Application").
The Application is intended for users who travel professionally in France and abroad. It is made available by their employer exclusively for professional use within their organization.
Each term beginning with a capital letter has the meaning indicated in its definition, whether singular or plural.
Application: means the application developed by the Company and whose use is subject to the prior acceptance of these Terms and Conditions.
Account: refers to the account on which the User connects in order to benefit from the Services of the Application.
Contact: refers to the other employees of the Employer contacted by the User via the Application.
Content: means the texts, images and any content, of whatever nature, exchanged by Users when they make contact and appointments via the Application.
Employer: refers to the company, employer of the User.
Profile: refers to the information provided by the User at the time of opening the Account, relating to his/her professional activity.
Services: means the services accessible via the Application under the conditions provided herein.
User: means an employee of the Employer who has opened an Account on the Application.
The opening of an Account is exclusively reserved for use in a professional setting.
Access to the Services is reserved exclusively for Users who have opened an Account, under the conditions set out in these General Terms and Conditions of Use and subject to the prior agreement of the Employer.
The opening of the Account is validated after information of the requested information.
The User undertakes to provide accurate and precise personal information when opening his/her Account. In particular, he/she undertakes to accurately inform his/her User Profile.
The User Profile can be downloaded to the Application from compatible third-party applications, or can be completed by the User when creating his Account.
Each User has a login and a password to connect to his Account.
Only the account holder is authorized to log in using the username and password corresponding to the Account.
The User agrees to keep his password strictly confidential.
As such, any use of the Account is deemed to have been made by the User himself or with his/her authorization, unless the User is able to show that his/her Account has been hacked.
An Account may not be sold or transferred to another individual unless expressly agreed by the Company.
3.1. The Application allows the User who makes a business trip to identify in advance the other Users, Employees of the Employer, who may be present during his / her trip.
3.2. Users who do not wish to be identified or contacted via the Application, or who wish to hide their movements, may do so at any time.
If the User receiving a contact request has validated it, his/her contact information is then sent to the User at the origin of the request, in order to allow them to exchange or organize an appointment.
Under no circumstances may the contact information of a User be transmitted to another User without the express authorization of the User concerned.
3.3. In any case, the User acknowledges that the Application can not function correctly if he/she has not completed exactly:
3.4. The User acknowledges that access to the Services may vary according to the capabilities of his/her computer, smartphone, tablet or any other device on which the Application is installed, as well as the quality of the network he/she uses to connect.
Access to the Application is free for Users, subject to the connection costs borne by the Employer, or by the Users under the subscribed plan with their operators if Users connect to the Application from their website personal equipment.
In the context of the use of the Services, Users are required to interact with each other.
Users undertake to respect the rules of courtesy and not to exchange Content contrary to the laws in force.
Users remain fully responsible for the Content they exchange.
Users are prohibited from exchanging Content contrary to or likely to be contrary to morality and public order and which constitute or may constitute a violation of the laws and regulations in force, particularly if their nature relates : to drugs, alcohol, incitement to racial hatred, crime, harassment, slandering of other Users, their Contacts, their Employer, the Company, the Company's employees, the usurpation the identity of others, computer hacking (viruses, Trojan horses, spam, etc ...), or non-respect of the intellectual property rights of third parties.
Users are also prohibited from exchanging Content that is dangerous and / or disrespectful to others, and in particular: having a violent, vulgar character, or including pornographic insults, mockeries, images or comments, encouraging the use of danger of others, or stigmatizing a category of people.
The Services are accessible from the Application as long as it remains referenced by the Employer and the User has an Account.
The User may close his/her Account or uninstall the Application at any time. The User expressly acknowledges that the closure of his/her Account or the removal is done under his/her sole responsibility with respect to his/her Employer.
The Company reserves the right, at any time and without notice, to suspend the User Account in case of violation of the provisions of these General Terms and Conditions and, in particular, the provisions of Article 5.
In the event of notification by the Employer of improper use by a User of the Account, the Company reserves the right, under the same conditions, to suspend the User's Account. In this case, it will be up to the User to contact the Employer to find out why the suspension was requested.
In the event of closure of the Account, for any reason, the User can no longer access his/her Contacts, the history of his/her exchanges with his/her Contacts, and the Services.
It must therefore make sure that it backs up the data it wishes to keep.
On the Account closing date, the data associated with the User Account is deleted by the Company.
Closing the Account for any reason whatsoever, does not open any right to compensation for the benefit of the User.
The User is prohibited from any use of the Application that may infringe the rights of third parties, the Company or other Users.
In this respect, the User will indemnify the Company, on first request, against any conviction, costs and accessories, transactional indemnity and fees resulting from any action brought against him or her as a result of a violation of these Terms and Conditions and in particular Article 5 by the User, provided that such action resulted in an enforceable (final or final) conviction of the Company, or the conclusion of a settlement agreement, or required the payment of fees of any kind they are.
The Company does not control or access the exchanges between Users. It can not under any circumstances be held responsible for comments made or Content communicated to other Users via the Application.
In any event, the Company may only be considered as a hosting provider within the meaning of article 6-I-2 of the French law of 21 June 2004 on Confidence in the Digital Economy, with regard to the remarks and contents exchanged by Users via the Application.
The Company is in no way responsible to the Employer and third parties for the use made by Users of the Application.
The User expressly acknowledges that all the intellectual property rights relating to the Application and the Services are the exclusive property of the Company.
As such, the User is prohibited from performing reverse engineering or other analysis of the Services, in particular to reconstruct the technical characteristics of the processes implemented for the purposes of the Services or the Application.
In addition, the User will in any case treat as confidential any technical features of the Services that he/she may derive from the use thereof.
The User expressly acknowledges that the obligations incumbent upon him/her under this article will continue to apply even after the closure of his/her Account, as long as the intellectual property rights relating to the Application and the Services are in force.
Trademarks, domain names, products, software, images, videos, texts present or related to the Application and more generally all elements subject to intellectual property rights are and remain the exclusive property of the Company. No assignment of intellectual property rights is carried out through these Terms and Conditions. Any total or partial reproduction, modification or use of the aforementioned elements for any reason whatsoever is strictly prohibited.
The information indicated as mandatory is essential for the opening of the Account and the provision of the Services. If the person does not wish to share this information, they will not be able to open their Account.
The Application is a tool made available to Users, employees of the Employer. As such, the data provided in the context of the Application are processed for allowing the administrative management of employees, of which the Employer is solely responsible and acts as a “controller” within the meaning of Article 4 of the General Regulations on Data Protection ("GDPR"). The Company acts as a processor to enable the application to operate.
The data collected by the Company on behalf of the Employer are collected, recorded and stored in accordance with the provisions of the French Act on Informatics, Files and Freedoms of 6 January 1978 in its current version, as well as 'with the provisions of the GDPR.
The User is entitled to exercise a right of access, modification, opposition and rectification of his/her personal data. He/she may at any time exercise these rights by contacting the relevant departments with his/her Employer, or by sending an email to the following address: dataprivacy@hubtobee.com who will communicate the request to the Personal Data Service of the Employer.
To find out more about how the Company manages personal data, you can refer to the Personal Data Charter.
On the Account closing date, the data associated with the User Account is deleted by the Company.
They are then archived and returned exclusively in the context of litigation and for the duration of the legal prescription.
In case of difficulty in relation to the management of personal data, any data subject has the right to lodge a complaint with the CNIL or with any competent supervisory authority.
The User expressly acknowledges that once he/she has shared a Content to another User, the Company is no longer responsible for the execution of the rights of access, rectification and deletion to that other User.
Cookies may be automatically installed on the browser software when accessing the Application. A cookie is an element that does not identify the visitor but is used to record information about its navigation. The browser settings may be used to refuse cookies according to the procedure described in the "Internet Option" tab of the browser.
12.1. Should one section hereunder be null and void, it shall not affect the validity of the other sections hereunder.. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties shall negotiate in good faith to modify these Terms and Conditions so as to effect the original intent of the Parties as closely as possible in an acceptable manner for both Parties.
12.2. The User acknowledges that only these General Terms and Conditions govern his/her contractual relations with the Company.
12.3. The headings of the articles of these General Conditions appear only for convenience and in no way affect the meaning of the provisions to which they refer.
12.4. Failure of a Party to invoke the benefit of a provision set forth in these Terms and Conditions, even repeatedly, could not constitute a waiver from said Party to any of the articles hereunder.
12.5. These General terms and Conditions may be modified at any time by the Company. In case of modification, the applicable Terms and Conditions are those in force on the date of use of the Application. Any modification is communicated to the User at least 30 days before its coming into force.
12.6. If a dispute cannot be settled amicably within height (8) days from the date on which either Party has served a written notice on the other Party, any question pertaining to the validity, interpretation or performance of these Terms and Conditions shall be of the exclusive jurisdiction of the relevant Court of the Paris Court of Appeal (France).