Legal

Terms of service

1 – Definitions:

Subscription: applies to the service giving access to the operating system. Beneficiary: generally refers to any Affiliated Company and/or Partner(s) designated by the Customer, which may use or access the Service. Purchase order : Is an application contract dedicated to the customer’s premises, it allows the premises to select the options chosen and place an order as part of the general terms and conditions of sale. Establishment(s): Location (an address) or establishment of an entity of the customer for which the services performed are performed. Any company at least 51% owned by the customer is considered as an entity. Equipment : Sounding terminals, screws, accessories, radio relays. HT : excluding taxes Working Days From Monday to Friday, excluding statutory holidays under applicable law and conventional closing days. The operating system : is accessible via a web connection. This is the system for using data from the sampling points. It can be configured by the customer, and allows to visualize the response flows transferred by the terminals. The operating system is hosted on Agora Opinion’s servers based in Europe. Services: All tasks, including the delivery of equipment, performed under the responsibility of Agora Opinion and necessary for the performance of the assignment entrusted to Agora Opinion under this Contract. Sales : applies to the sale of equipment and is not included in the subscription.

2 – Subject:

2.1 The purpose of the General Terms and Conditions is to define the terms and conditions under which Agora Opinion undertakes to provide the Client who accepts it. The customer cannot rely on any stipulation in his own general terms and conditions of purchase, or on any other commercial proposal prior to this contract. Placing an order implies full acceptance of these general conditions.
2.2 Agora Opinion undertakes to provide the client with equipment and access to the operating system until the end of the contract. Establishments will order the requested service via the order form. Upon receipt of the order, the supplier undertakes to:
-Deliver the equipment on the French territory as well as an installation and use guide, the equipment is either rented or acquired.
-Provide access to the kiosk operating system in SaaS mode (accessible via a web browser). Access to the operating system is via a subscription

3 – Subscription:

3.1 As part of its request, the Client undertakes to provide Agora Opinion with the necessary information to verify the level of coverage of the area where the sampling points will be deployed.
3.2 The Service by radio transmission can only be delivered if the Customer is located in a geographical area covered by the sigfox/lora network, therefore, the subscription request does not imply a guarantee that the Service is accessible to the Customer. However, Agora Opinion will be able to offer the customer a lora gateway connectable by WIFI or GSM at a price of 600€ HT.
3.3 The service by downloading data via a USB key does not require any network coverage.
3.4 No subscription may be made without a prior estimate.
3.5 The Client may conclude Orders in its own name and on behalf of the Beneficiary(ies) and represent them before Agora Opinion. The Client then undertakes to communicate to the said Beneficiaries the content of Agora Opinion’s General Terms and Conditions, as well as any subsequent modifications made to them. In any event, the Client is solely responsible for the respect of contractual obligations by the Beneficiaries. Consequently, Agora Opinion is not required to respond directly to a Beneficiary for any request relating to the subject matter of the Contract.
3.6 Except in the event of direct acquisition of ownership by the Client, the Equipment remains the exclusive, non-transferable and non-seizable property of Agora Opinion and may not be assigned or made available to a third party in any form whatsoever.

4 – Duration:

4.1 Orders are concluded for an indefinite period of time with a minimum duration from the date of receipt of the equipment. The minimum period is defined in the order form. The price varies according to the duration.
4.2 The Customer is informed of the expiry date of his commitment on his subscription invoices. If at the end of his commitment, the Client does not wish to terminate it, the Contract is automatically renewed for an indefinite period with the possibility of termination at any time by either Party. In the event that either Party wishes to terminate the Agreement, termination shall be effective within ten (10) days of the return of the equipment with acknowledgement of receipt.

5 – Termination:

5.1 In the event of a party’s failure to comply with a substantial obligation of the Contract that has been the subject of a formal notice to remedy such failure by registered letter with acknowledgement of receipt, which has remained unsuccessful for thirty (30) calendar days from the date of notification, the other party shall have the right to terminate, ipso jure, the Order or Orders concerned by registered letter with acknowledgement of receipt, without prejudice to any other right at its disposal.
5.2 In any other case of termination, all amounts remaining to be received for the minimum commitment period shall remain due and payable within thirty (30) days of termination. The client will ship the equipment to Agora Opinion within thirty (30) days.
In the event of failure by the Client to cooperate resulting in the non-return of the Equipment or in the event of destruction, deterioration or loss of the Equipment attributable to the Client, Agora Opinion reserves the right to invoice the Client for the equipment at its replacement value as compensation

6 – Installation and commissioning:

6.1 The equipment will be delivered to the address indicated by the customer’s premises. Each equipment delivered is tested before packaging. Each piece of equipment delivered is in perfect working order, without any “cosmetic” defects. The delivery date of the equipment will be specified when the invoice is issued after confirmation of the total amount of the order. The average time is fifteen (15) business days. If the installation has been carried out by Agora Opinion teams, the acceptance of the equipment will be carried out at the end of the installation. In the event that the customer himself installs the equipment, the customer’s premises have 48 hours upon receipt of the equipment to carry out the reception and a contradictory inventory of fixtures, beyond this period the equipment will be deemed to have been accepted without reservation. In the event of a defect noted by the customer, he must repack the equipment and send it back to Agora Opinion, which will issue a carrier’s warrant (TNT) to proceed with the collection. Agora Opinion will replace defective equipment at its own expense, and as a commercial effort will extend the warranty on the replaced equipment by an additional three (3) months in the event of sale, or will offer one (1) month’s additional rental for the replaced equipment. No further compensation will be payable. Any defects found later on would fall within the scope of the guarantee.
6.2 The wall terminals must be fixed in accordance with the mounting specification provided with the equipment. The stand-mounted terminals are not fixed to the ground but are weighted. These terminals can therefore be reversed, the customer acknowledges that he/she has been made aware of the risk, it is his/her sole responsibility to ensure that the terminals are not reversed, nor placed in places that could lead to a physical accident. Any physical accident due to a terminal is the exclusive responsibility of the client, except that Agora Opinion’s liability for hidden defects is proven.

7 – Obligations of Agora Opinion:

7.1 Agora Opinion provides all its know-how and technical capabilities to ensure the best possible permanence and continuity of access to the Service in accordance with the technical standards in force and within the limits referred to in Article 3.2.
7.2 Agora Opinion cannot be held responsible for any interruption in service caused by its own network providers: this situation is considered as a case of force majeure.
7.3 Any proposed amendment to this Agreement shall be communicated by Agora Opinion to the Client in writing at least one month before its entry into force, together with the information that the Client may, until it has expressly accepted the new conditions, terminate the Agreement without penalty of termination and without right to compensation, until four months after the entry into force of the amendment. For contracts of minimum duration which do not contain a clause precisely determining the hypotheses which may lead to a contractual amendment of the clause relating to the modification of the price, the customer may require the application of the initial conditions until the end of the contractual duration.
7.4 In the event of an interruption of service, the recovery period begins as soon as the Customer reports the incident to Agora Opinion. The maximum recovery period is 15 calendar days. Beyond this period, the client is compensated, at his request to Agora Opinion’s customer service department, for an amount calculated pro rata temporis for the service interruption.
7.5 Agora Opinion is committed to providing its subscribers with an online customer space, which will allow them to manage their surveys and view their results. To this end, modifiable identifiers are provided.

8 – Client Obligations:

8.1 The Customer undertakes to comply with the terms of these GTC.
8.2 The client undertakes to pay for the service provided by Agora Opinion within the deadlines indicated on the quotes and invoices provided.
8.3 The Client, as custodian, undertakes to ensure the conservation, custody and security of the equipment provided by Agora Opinion. As from the delivery of the Equipment, the Customer is liable for any loss or damage caused to him. As part of a subscription to an offer with purchase of the equipment by the Customer, the risk of damage, loss or theft will be transferred to the Customer upon receipt of the Equipment. The customer also undertakes not to reverse engineer the Products and Services provided.
8.4 In the event of damage caused by the Customer to the Equipment, the Subscription remains due and the Customer will be invoiced an amount equal to the value of the Equipment as shown on the Order Form. New Equipment will be given to the Customer upon receipt of his payment.
8.5 The Client undertakes to use the Site provided by Agora Opinion in a manner consistent with the Company’s instructions.
8.6 The Client agrees that it will only use the Site for its own purposes, in accordance with these GTC. In this respect, the Client agrees to abstain: – To use the Site in any illegal manner, for any illegal purpose or in any manner inconsistent with these GTC. – To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the content appearing on the Site and the products/services provided by the Company or to decompile, reverse engineer, disassemble, modify, display in a readable form by the Customer, attempt to discover any source code or use any software that activates or includes all or part of the Site and the Company’s products/services. – Attempt to obtain unauthorized access to the Site’s computer system or to engage in any activity that disrupts, reduces the quality or interferes with the performance or deteriorates the functionalities of the Site and the Company’s services. – To use the Site for abusive purposes by deliberately introducing viruses or any other malicious software and to attempt to access the Site in an unauthorized manner. – To infringe the Company’s intellectual property rights relating to the Site or services. – To denigrate the Site, the Company and the Company’s Products/Services. – Any use that results in excessive use of the Company’s servers (including, but not limited to, bandwidth, processor usage, disk space usage)

9 – Financial Provisions:

9.1 L Invoices will be paid by bank transfer within thirty (30) days of the date of issue of the invoice, receipt of the equipment will generate the invoicing of the subscription and the rental of the equipment. Subscriptions or rentals are invoiced on a quarterly basis.
9.2 Payment for the Subscription is made by direct debit or bank transfer in arrears. Any period started is due.
9.3 The Subscription is invoiced in euros, all taxes included (including VAT). In the event of termination of the Contract before the invoicing deadline, invoicing shall be stopped under the conditions of termination, as referred to in Article 5.
9.4 Without prejudice to any claim for damages, in the event of delay or non-payment, Agora Opinion shall be entitled to terminate the connection and initiate legal proceedings for the purpose of collecting the claim by amicable or judicial means.

10 – Warranty:

10.1 In the event of a sale, the equipment is guaranteed parts and labour for a period of one (1) year after delivery of the equipment to the customer’s premises. In the event of a rental, this guarantee will cover the duration of the lease. Unless expressly agreed by Agora Opinion, the customer’s premises undertake not to attempt to repair the equipment by their own means unless they lose the warranty on the equipment, with the exception of the change of batteries which the customer will carry out and which is part of routine maintenance.
10.2 Any non-conformity of the equipment must be reported in writing within ten (10) working days of observation of the defect. The warranty does not cover mechanical breakage resulting from impact, matting of the structure as a result of impact, wear, scratches, tears, disassembled or disjointed buttons, cracked screens, or damage caused by mechanical action, for example black spots on liquid crystals as a result of overpressure exerted on the screen. Any non-functional equipment outside the scope of the exclusions described above will be returned to Agora Opinion. The equipment will be replaced within fifteen (15) working days of receipt of the defective equipment. In the event that the Agora Opinion laboratory notices a defect falling within the scope of the guarantees, Agora Opinion will reimburse the shipping costs of the defective equipment and will maintain the replacement equipment at the customer’s premises.
10.3 To cover any damage caused by the client, in the event that Agora Opinion’s liability is proven, Agora Opinion will offer in the case of the rental 1 additional month of rental, or an extension of 3 months of guarantee in the case of sale. No further compensation will be required.
10.4 In the event that the Agora Opinion laboratory finds that the non-functioning is the responsibility of the customer, Agora Opinion will invoice the shipping costs of the replacement terminal. The customer will not benefit from the extended warranty or the rental offered.
10.5 Any warranty is excluded in the event that: Non-compliance declared beyond the warranty period referred to in Article 10 of the General Terms and Conditions; Damage due to an accident, to a use different from that proposed in the Product installation manual, malfunctions following an attempt to move or improper maintenance of the Product by the Customer or any third party other than the Company; Damage occurring during the installation or opening of the Product; Damage whose cause is external to the Product, including improper installation of the Product by the Customer, negligence on the part of the Customer causing damage to the Product, fire, water damage, etc. and more generally, damages of any kind whose origin would be subsequent to the sale and generally all damages caused to the external parts of the Product and whose damage does not affect its proper functioning; In the event of scratches, scratches, scratches after the sale; In the event of scratches, chips, scratches prior to sale that would have been accepted by the Customer in accordance with the description of the Products given in Article 4 of the GTCs; In the event of technical manipulation of the Product, in particular in the event of modification or repair of the Product by the Customer and in the event of repair of the Product by an organisation not approved by the manufacturer of the Product; In the event of change or update of the operating system for the Product;
And in general in the event of any modification not authorised by the manufacturer of the Product made by the Customer.

11 – Limitation of liability:

11.1 The Customer is reminded that the Products marketed by the Company via the Website comply with current French legislation and the standards applicable in France. The Company is therefore excluded from any liability in the event of non-compliance with the legislation of another country where the Products would be used or imported. The Client is solely responsible for the choice of Products, their use and storage, so that the Company cannot be held liable in the event of deterioration, loss of files, etc. resulting from the misuse of the Product by the Client.
11.2 Any liability of the Company is also excluded in the event of damage caused by the Product to the Customer or to a third party.
11.3 The Client agrees that, for any reason whatsoever, Agora Opinion’s total liability to the Client for the performance or non-performance of the services provided for in the contract, or in any way related to such performance, shall be limited to half of the annual fees actually paid by the Client for the services provided by Agora Opinion under the contract of application of the establishment concerned by the damage. The client acknowledges that Agora Opinion shall not be liable for any indirect, commercial or financial loss (such as, in particular, loss of profits, orders, commercial disturbance) or any claim made against the client by any third party.
11.4 The Client agrees that Agora Opinion cannot be held responsible for a lack of connectivity or network coverage provided by radiocommunication providers and undertakes to deploy the Products in areas where coverage is confirmed. If the customer wishes to position his Products in uncovered areas, he accepts without reservation the cost of deploying gateways (600€ HT/piece) offered by Agora Opinion, equipment that will ensure the good connectivity of the Products deployed in an uncovered area

12- Subcontracting:

Agora Opinion reserves the right to subcontract part of the said services, without this releasing Agora Opinion, in any way whatsoever, from the responsibilities it assumes in the performance of its contractual obligations.

13 – Insurance:

Agora Opinion is insured for all equipment sold or leased under this contract. Agora Opinion will send any supporting documents at the client’s first request.

14 – Not exclusive:

The parties agree that this framework agreement does not constitute any commitment of exclusivity for the benefit of either party.

15 – Intellectual Property

Agora Opinion’s operating system made available to the client and/or its affiliates, as part of the services, is and will remain the exclusive, unique and absolute property of Agora Opinion or its licensors. Agora Opinion grants the client and its related companies benefiting from the services, the access and use rights to the Agora Opinion operating system made available to them, solely for the duration of this contract and for their internal management needs. The client and its affiliates will not have any other rights to the Agora Opinion operating system. The latter reserves, to the extent permitted by law, the exclusive right to correct any error that may affect the operating system.

16 – Data protection:

Customer data. The Customer or User represents and warrants that it owns or has obtained all necessary rights, title and interest, and has obtained all necessary consents to transfer Customer Data in connection with the Terms and Conditions, and that Customer Data does not infringe any intellectual property rights of third parties. The Client or User grants Agora Opinion a non-exclusive, perpetual, royalty-free right to access, use, process, copy, distribute, execute, export and display the Client Data only to the extent permitted by law and if reasonably necessary (i) to provide, maintain and improve the Services; (iii) to create anonymous data not related to a specific Customer, which does not constitute Customer Data and is the property of Agora Opinion, including for benchmarking and marketing purposes in accordance with the Privacy Policy or as otherwise expressly authorized in writing by the Customer or as required by law. This right is maintained with respect to abnormal data and residual backups of Customer Data made in the ordinary course of business, even after the termination of the Terms and Conditions.

Client data is subject to anonymity and confidentiality. Survey responses, survey responses, comments, feedback and suggestions provided by a survey respondent are anonymous and confidential, unless the survey respondent chooses, within the Agora Opinion Platform, to remove anonymity and confidentiality regarding such content. Any customer data for which survey respondents have not chosen to remove anonymity and confidentiality will be kept confidential by Agora Opinion and will not be shared with the customer. When Agora Opinion receives a request from a respondent to delete their comment, which may contain personal information, or from a user to receive personal information about themselves that they have provided to the client and that is being processed by Agora Opinion, the client authorizes Agora Opinion to respond to this request.

Protection of customer data. Agora Opinion will store and process Customer Data in accordance with the Privacy Policy. Agora Opinion has put in place technical, organizational and administrative systems, policies and procedures and other measures detailed in the Privacy Policy to ensure the security, integrity, availability and confidentiality of Customer Data, and to mitigate the risk of unauthorized access to or use of Customer Data. Nevertheless, hosting data online involves risks of unauthorized disclosure, loss or exposure and, by accessing and using Agora Opinion Platform, the Client assumes these risks, except in the event of gross negligence or unlawful conduct by Agora Opinion.

Telemetric data from the website and the Agora Opinion platform. To the extent permitted by law, telemetric data relating to how Users access and use the Website and the Agora Opinion Platform (including the features and functions of the Website and the Agora Opinion Platform used by Users, stack tracking data and related reports) does not constitute Customer Data, and anonymized data derived from such telemetric data belongs to Agora Opinion.

Personal information. When using the Services, the Client may transfer Customer Data containing Personal Information to Agora Opinion. Agora Opinion will collect, consult or process any personal information in accordance with the Privacy Policy. The customer consents to the transfer, processing and storage of his or her personal information in accordance with the terms and conditions and the privacy policy.

Confidential information. “Confidential Information” means any non-public, confidential or sensitive information, including Customer Data, disclosed by or on behalf of a Party (the “Disclosing Party”) to the other Party (the “Receiving Party”), and excludes any information that is:

(i) subject to applicable privacy laws, publicly available or subsequently becoming publicly available, other than by a breach of the Terms and Conditions;
(ii) as evidenced by documentary evidence and competent evidence: (a) known to the Receiver or its employees, agents or representatives prior to such disclosure or (b) without using the Confidential Information, is independently developed by the Receiver or its employees, agents or representatives after such disclosure; or
(iii) as documentary and competent evidence, subsequently lawfully obtained by the receiver or his employees, agents or representatives of a third party without any obligation of confidentiality, provided that such source is not, to the knowledge of the receiver, in breach of his non-disclosure obligations to the principal.

Use or disclosure of confidential information. The Receiver will only use or disclose confidential information to exercise its rights and responsibilities under these terms and conditions. The receiver shall exercise the same degree of care and protection with respect to confidential information as he exercises with respect to his own confidential information and, in any event, at least with diligence and prudence. The receiving party shall not directly or indirectly disclose, copy, distribute, republish or allow a third party to access confidential information, except that Agora Opinion may disclose confidential information to its third party service providers in connection with the performance or improvement of the services, in which case Agora Opinion shall ensure that the third party maintains reasonable practices to maintain the confidentiality and security of the confidential information and prevent any unauthorized access. Notwithstanding the foregoing, the recipient may disclose confidential information as required by applicable law or by a competent legal or governmental authority. The receiver shall promptly notify the receiver of any legal or governmental request and shall cooperate reasonably with the discloser in his or her efforts to obtain a protection order or otherwise contest the required disclosure, at the discloser’s expense. The provisions of this section replace any previous non-disclosure agreement entered into by and between the parties, and such agreement shall no longer have any force or effect.

Additional rights GDPR. The parties may be subject to additional terms and conditions under the General Data Protection Regulation (EU Regulation 2016/679). These conditions can be found in the Data Processing Addendum, which is hereby incorporated by reference and forms an integral part of the General Conditions, to the extent that they are applicable. In the event of a conflict or inconsistency between the IT amendment and the General Terms and Conditions, the IT amendment shall prevail.

17 – Notifications:

Any notice required to be sent or delivered under this contract will be sent or delivered to the customer or Agora Opinion at the address indicated on the purchase order,

18 – Applicable law, competent jurisdiction:

The contract is governed by French law. The parties agree to point out any difficulty relating to the execution or interpretation of this contract by the Lyon Commercial Court.

Privacy policy of Agora Opinion SAS

Agora Opinion SAS (“Agora Opinion“) offers tools and platform commercialised as “Agora Opinion” which provide the means to measure and increase customer satisfaction and employee commitment by giving them the ability to vote while optimising multi-services companies operations. Agora Opinion understands the importance of protecting personal information. For this reason, Agora Opinion strives to have business procedures and security safeguards in place to protect personal information under its control.

Application and Scope

This Privacy Policy (“Policy“) is intended to establish responsible and transparent practices for the management of personal information and to satisfy the relevant and applicable legal requirements. This Policy sets out the standards, responsibilities and obligations of Agora Opinion in respect of any personal information collected, accessed or processed by Agora Opinion in the course of its business operations and specifies the obligations of Agora Opinion that arise from Agora Opinion Terms of Service (available at https://www.agoraopinion.com/cgv) (the “Terms”) entered into between Agora Opinion and its corporate customers (each, a “Customer”), whereby Agora Opinion might handle or have access to personal information.

This Policy also governs personal information collected about Agora Opinion’s website users and explains how Agora Opinion uses and discloses personal information collected from people who visit its website and otherwise interact with Agora Opinion through https://www.agoraopinion.com and sub-domains (collectively, the website”). It also explains how Agora Opinion uses cookies and similar technologies.

International Compliance

Agora Opinion complies with: (i) data protection laws applicable to Agora Opinion; and (ii) applicable industry standards concerning data protection, confidentiality or information security. Agora Opinion has global operations and therefore, in some cases, information managed by Agora Opinion may be transferred, processed and stored to other countries, although at all times, Agora Opinion will ensure that personal information is protected by confidentiality and security procedures and protections that are, at a minimum, equivalent to those employed by Agora Opinion itself.

Agora Opinion also complies with the General Data Protection Regulation (Regulation (EU) 2016/679). Where applicable, our commitment to such regulation may be found in our Data Processing Addendum.

Definition of Personal Information

Personal information is defined as “any information about an identifiable individual”. This may include, for example, email addresses and contact details and any similar information provided to Agora Opinion in the course of its business operations, or which Agora Opinion may receive from business inquiries. Personal information that is aggregated and cannot be associated with an identifiable individual is not considered to be personal information.

Collection and Use of Personal Information through the Services

When providing services, Agora Opinion only processes personal information in accordance with the Terms and applicable laws. Agora Opinion generally uses personal information from or about its Customers and Users (as defined in the Terms), (hereinafter referred to as “Customer Personal Information”) for the following purposes:

• to create, establish and administer Customer’s account, to respond to Customer’s inquiries related to its account and to contact Customer about Agora Opinion’s services or account-related matters;
• to provide services, including to provide Customer and its Users with access and use of the Agora Opinion platform and customer support;
• to measure and analyze User behavior in order to, among others, monitor, maintain and improve Agora Opinion’s services or features and to create new services or features;
• to personalise or customise the experience when using the services;
• to meet legal and regulatory requirements and to allow Agora Opinion to meet contractual requirements relating to the services provided to Customer;
• to conduct surveys on the quality of Agora Opinion’s services or to collect feedbacks on the services; and
• to provide Customer with offers for additional products and services that Agora Opinion believes may be of interest to Customer.

Agora Opinion may also use information provided by Customers and Users to create de-identified data aggregated for benchmarking or marketing purposes. Unless required or authorized by law, Agora Opinion will not use Customer Personal Information for any other or new purpose without obtaining prior consent.

Collection and Use of Personal Information through the Website

Agora Opinion generally collects and uses personal information from or about its website users as follows:

• Information provided by users. In many cases, Agora Opinion collects personal information directly from users when they visit or use the website. For instance, Agora Opinion may collect the following types of information:
• Inquiries and Requests for a Trial or Service. Agora Opinion may collect users’ name, contact information, e-mail address and any other information provided when users make an inquiry or contact Agora Opinion through the website, when users sign up to receive Agora Opinion’s newsletter or when users submit a request or an order for an Agora Opinion trial or service. Agora Opinion will only use this information to process and answer users’ request or to manage Agora Opinion everyday business needs in connection with such request.
• Personalization of Website. When users visit the website, they may, from time to time, be invited to provide information such as user’s title to help Agora Opinion personalise or customise the users experience when using the website.
• Technical information. When users visit the website, Agora Opinion may collect, using electronic means such as cookies, technical information. This information may include information about visits to the website, including the IP address of the users’ computer and which browser was used to view the website, the users’ operating system, resolution of screen, location, language settings in browsers, the site the user came from, keywords searched (if arriving from a search engine), the number of page views, information entered, advertisements seen, etc. This data is used to measure and improve the effectiveness of the website or enhance the experience for users. While most of the time this information is depersonalized, if this information relates to an identifiable individual, Agora Opinion will treat this information as personal information. Agora Opinion may also, without limitations, collect and use the following type of information when users visit and/or interact with Agora Opinion on the website:
• Google Analytics Agora Opinion uses Google Analytics which allows it to see information on user website activities including, but not limited to, page views, source and time spent on our website. This information is depersonalized and is displayed as numbers, meaning that it cannot be tracked back to individuals. Users may opt-out of Agora Opinion’s use of Google Analytics by visiting the Google Analytics opt-out page.
• HubSpot: Agora Opinion uses HubSpot which allows it to see information on user website activities including, but not limited to, page views, source and time spent on our website. However, this information is not depersonalized and users may not opt-out of Agora Opinion’s use of HubSpot.
• Google AdWords: Agora Opinion uses Google AdWords Remarketing to advertise Agora Opinion across the Internet and to advertise on third party websites (including Google) to previous visitors to the website. AdWords remarketing will display ads to users based on what parts of the Agora Opinion website they have viewed by placing a cookie on the users’ web browser. It could mean that Agora Opinion advertises to previous visitors who haven’t completed a task on the site or this could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. This cookie does not in any way identify the user or give access to the users’ computer or mobile device. The cookie is only used to indicate to other websites that the user has visited a particular page on the website, so that they may show the user ads relating to that page. If users do not wish to participate in Google AdWords Remarketing, they can opt out by visiting Google’s Ads Preferences Manager.
• Interest-based Advertising. Agora Opinion may also allow a limited number of trusted third parties to install cookies on users’ hard drive from the website. The website may include third-party advertising and links to other websites which may be used to generate personalized advertisements. Personalized ads, sometimes referred to as interest-based or behavioral ads, are ads based upon information about users, such as page views on the website, information requests or purchases on the website. Agora Opinion does not provide any personal information to advertisers or to third party sites that display interest-based ads on the website. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content displayed on the website are part of the group that the ad or content is directed towards. Advertisers or ad companies working on their behalf sometimes use technology to serve the ads that appear on the website directly to users’ browser. They may also use cookies to measure the effectiveness of their ads and to personalize ad content. Agora Opinion does not have access to or control over cookies or other features that advertisers and third party sites may use, and the information practices of these advertisers and third party websites are not covered by this Policy. Please contact them directly for more information about their privacy practices. Users can also generally opt-out of receiving personalized ads from third party advertisers and ad networks.
• Choice with Cookies. Users can block the use of cookies by activating the settings in their browser. The “Help” feature on most browsers will tell users how to prevent their browser from accepting new cookies, how to have the browser notify the users when they receive a new cookie, or how to disable cookies altogether. If users choose to withhold consent, or subsequently block cookies, they may not be able to access all or part of the content of the website. Additionally, users can disable or delete similar data used by browser add-ons, by changing the add-on’s settings or visiting the website of its manufacturer.
• Privacy Policies of other Websites. This Policy only addresses the use and disclosure of information by Agora Opinion. Other websites that may be accessible through the website have their own privacy policies and data collection, use and disclosure practices.
• Personal Information from other Sources. Agora Opinion may obtain from third parties additional personal information about a website user if such user gave permission to those third parties to share its information.

Sharing of Personal Information

Agora Opinion will not sell, rent or trade personal information to any third party. However, Agora Opinion may share personal information when authorized and/or required by law or as follows:

• Service providers. Agora Opinion may grant access to personal information to third party service providers in connection with the performance or the improvement of its website and services. Before sharing any personal information with any of its third party service providers, Agora Opinion will ensure that the third party maintains reasonable data management practices for maintaining the confidentiality and security of personal information and preventing unauthorized access.
• As permitted or required by law. Agora Opinion may disclose personal information as required by applicable law or by proper legal or governmental authority. Agora Opinion may also disclose information to its accountants, auditors, agents and lawyers in connection with the enforcement or protection of its legal rights. Agora Opinion may also release certain personal information when it has reasonable grounds to believe that such release is reasonably necessary to protect the rights, property and safety of others and itself, in accordance with or as authorized by law. In the event Agora Opinion receives a governmental or other regulatory request for any Customer Personal Information, it agrees to immediately notify Customer in order that Customer shall have the option to defend such action. Agora Opinion shall reasonably cooperate with Customer in such defense.
• Business transaction. Agora Opinion may disclose personal information to a third party in connection with a sale or transfer of business or assets, an amalgamation, re-organization or financing of parts of our business. However, in the event the transaction is completed, personal information will remain protected by applicable data protection laws. In the event the transaction is not completed, Agora Opinion will require the other party not to use or disclose the personal information received in any manner whatsoever and to delete such information.

Security of Personal Information

Agora Opinion will store and process the personal information in a manner consistent with industry security standards, and as long as necessary for the purposes described in this Policy, unless a longer retention is required by law. Agora Opinion has implemented technical, organizational and administrative systems, policies, and procedures to help ensure the security, integrity and confidentiality of personal information and to mitigate the risk of unauthorized access to or use of personal information, including (i) appropriate administrative, technical and physical safeguards and other security measures designed to ensure the security and confidentiality of the personal information it manages; (ii) a security design intended to prevent any compromise of its own information systems, computer networks or data files by unauthorized users, viruses or malicious computer programs; (iii) appropriate internal practices including, but not limited to, encryption of data in transit; using appropriate firewall and antivirus software; maintaining these countermeasures, operating systems and other applications with up-to-date virus definitions and security patches so as to avoid any adverse impact to the personal information that it manages; appropriate logging and alerts to monitor access controls and to assure data integrity and confidentiality; permitting only authorized users access to systems and applications; and (iv) all persons with authorized access to personal information must have a genuine business need-to-know prior to access (“Security Program”).

Training and Supervision

Agora Opinion maintains adequate training programs to ensure that its employees and any others acting on its behalf are aware of and adhere to its Security Program. Agora Opinion shall exercise necessary and appropriate supervision over its relevant employees to maintain appropriate confidentiality and security of the personal information it manages.

Data Incidents involving Customer Personal Information

Agora Opinion shall, if any legal requirement to do so, promptly notify Customer of any reasonably suspected or actual loss of data or breach or compromise of its Security Program which has or may result in the loss or unauthorized access, disclosure, use or acquisition of Customer Personal Information (including hard copy records) or otherwise presents a potential threat to such information (“Data Incident”). While the initial notice may be in summary form, a comprehensive written notice may be given to Customer in the timeframe legally required. The notice shall summarize in reasonable detail the nature and scope of the Data Incident (including each data element type) and the corrective action already taken or to be taken by Agora Opinion. Agora Opinion shall promptly take all necessary and advisable corrective actions, and shall cooperate fully with Customer in all reasonable efforts to mitigate the adverse effects of Data Incident and to prevent its recurrence.

How to Contact Us

Any questions or complaints regarding this Policy or Agora Opinion handling of personal information can be addressed by sending an email to: [email protected].

Change of Privacy Policy

Agora Opinion will review and update its policies and procedures as required to keep current with rules and regulations, new technologies, standards and customer concerns. This Policy may therefore change from time to time.

This Policy was last updated on January 17th, 2019.

Cookies Usage Policy

This section informs you of your rights, the origin and use of the navigation information processed during your visit to our site. This Policy is therefore important for you, who wish to have a positive and confident experience of our Services and for Us, who wish to answer in a precise and complete way your questions about your consultation of our platform and take into account your wishes.

When you consult our platform, information relating to the navigation of your device (computer, tablet, smartphone, etc.) on our platform/application may be stored in “Cookies” files installed on your device, subject to the choices you have made regarding Cookies and that you can modify at any time.

What are the cookies issued on this platform for?

Only the issuer of a cookie is likely to read or modify the information contained therein.

The Cookies we issue on our platform

When you connect to our platform, we may, subject to your choices, install various cookies in your device that allow Us to recognize your device’s browser for the duration of the cookie’s validity. The Cookies we issue are used for the purposes described below, subject to your choices, which result from the settings of your browser software used during your visit to our platform that you can express to Us at any time. The storage period for this information is a maximum of 13 months.

The cookies we issue allow us to:

• to offer targeted ads adapted to your interests
• to establish statistics and volumes of frequentation and use of the various elements composing our platform (sections and contents visited, routes), allowing Us to improve the interest and ergonomics of our services ;
• to adapt the presentation of our platform to the display preferences of your device (language used, display resolution, operating system used, etc.) when you visit our platform, depending on the display or reading hardware and software that your device contains ;
• to store information related to a form you have completed on our platform (registration or access to your account) or to products, services or information you have chosen on our platform (subscribed service, content of an order basket, etc.) ;
• to allow you to access reserved and personal areas of our platform, such as your account, through identifiers or data that you may have previously entrusted to Us
• to implement security measures, for example when you are asked to reconnect to content or a service after a certain period of time.

Third party cookies

Analysis and performance code

• Google Analytics | Cookie Policy – Privacy Policy
• Google Tag Manager | Cookie Policy

Targeting Cookie

• Facebook Ads | Cookie Policy – Privacy Policy
• Google Adwords | Cookie Policy – Privacy Policy
• Linkedin Insight Tag | Cookie Policy – Privacy Policy

Other tools via third-party cookie

• Hubspot | Cookie Policy – Privacy Policy

Other analytics or data tracker (SDK or ServerSide)

• MailChimp | Privacy Policy

Your choices regarding cookies

There are several ways to manage cookies. Any settings you may make may affect your Internet browsing and your access to certain services that require the use of cookies.

You can choose at any time to express and modify your wishes regarding cookies by the means described below.

The choices offered to you by your navigation software

You can configure your browser software so that cookies are stored on your device or, on the contrary, they are rejected, either systematically or according to their origin. You can also configure your browser software so that you are offered the option of accepting or rejecting cookies from time to time, before a cookie is likely to be stored on your device.

The Cookies Agreement

The registration of a cookie in a terminal is essentially subject to the will of the user of the terminal, which he can express and modify at any time and free of charge through the choices offered to him by his browser software.

If you have accepted the registration of cookies in your device in your browser, the cookies embedded in the pages and content you have viewed may be temporarily stored in a dedicated area on your device. They will be readable only by their transmitter.

Refusing cookies

If you refuse to store cookies on your device, or delete cookies stored on your device, you will no longer be able to use a number of features that are still required to navigate through some areas of our platform. This would be the case if you attempted to access our content or services that require you to be identified. This would also be the case if we – or our service providers – could not recognize, for technical compatibility purposes, the type of browser your device uses, its language and display settings, or the country from which your device appears to be connected to the Internet.

If necessary, we decline all responsibility for the consequences related to the degraded functioning of our services resulting from the impossibility for us to record or consult the cookies necessary for their functioning and that you have refused or deleted.

How to make your choices, depending on the browser you use ?

For the management of cookies and your choices, the configuration of each browser is different. It is described in the help menu of your browser, which will allow you to find out how to change your cookie preferences:

• Internet Explorer
• Safari
• Chrome
• Firefox
• Opera

Last modified: 17 January 2019

Agora Opinion’s GDPR Commitment

The EU General Data Protection Regulation (GDPR) is in effect, and Agora Opinion is here to support you in meeting its requirements.

What Is GDPR?

GDPR is coming into effect on May 25, 2018. This regulation will set a new standard for how organizations collect, use, and protect EU citizens’ personal information. With the growing concern for data safety, this law is designed to restore the confidence of the public.

GDPR Implications For Your Organization

Whether or not your organization is based in the EU, all business that control or process personal information of EU citizens have to do so in accordance with the GDPR requirements.

As an employer, this means that you are responsible for ensuring that the personal information of your EU citizen employees is processed in accordance with the GDPR requirements.

Because of this, you are also responsible for ensuring that any workplace service providers that you use will process the personal information of your EU citizen employees in accordance with the GDPR requirements.

Agora Opinion’s Commitment Of Support In Your Organization’s GDPR Compliance

Agora Opinion is committed to supporting you in ensuring that your use of our workplace equipment meets the GDPR requirements.
Here are some of the measures that Agora Opinion has put in place to reflect that:

Agora Opinion’s Contractual Terms Reflect GDPR Requirements

Agora Opinion has prepared a Data Processing Addendum that contains the GDPR contractual requirements. Where applicable, this Data Processing Addendum is incorporated into our Terms of Service, available at https://www.agoraopinion.com/cgv.Our contractual commitments relevant to GDPR are that:

• Agora Opinion will be transparent and never use your customers’ and employees’ personal information other than as instructed by you,
• Agora Opinion will maintain appropriate technical and organisational security measures to protect your customers’ and employees’ personal information,
• Agora Opinion will assist you with requests from your employees regarding their personal information that is processed using our services.

Agora Opinion Will Continue To Improve Its Security Infrastructures

Agora Opinion is committed to maintaining appropriate technical and organisational security measures to protect your employees’ personal information in line with the GDPR requirements.
Our commitments to maintaining our security measures are as follows:

• Agora Opinion ensures that, to the extent possible, your employees’ personal information is pseudonymized,
• Agora Opinion ensures that your employees’ personal information is encrypted, both in transit and at rest,
• Agora Opinion has measures in place to ensure the ongoing confidentiality, integrity, availability, and resilience of Agora Opinion processing systems and services,
• Agora Opinion can restore the availability and access to your employees’ personal information in a timely manner in the event of a physical or technical incident, and
• Agora Opinion is putting in place a process for regularly testing, assessing, and evaluating the effectiveness of technical and organisational measures to ensure the security of your employees’ personal information.
• For more details regarding Agora Opinion’s commitment to invest in its security infrastructures, we invite you to read our Data Processing Addendum.

Agora Opinion Complies With GDPR International Data Transfer Mechanisms

GDPR does not require personal information of EU citizens to be stored in the EU. GDPR does, however, require transfers of EU citizens’ personal information outside of the EU to comply with certain international data transfer standards. One of these standards is that prior to transferring an EU citizen’s personal information to a third country, the European Commission must have decided that the third country ensures an adequate level of protection.

Agora Opinion is committed to ensuring that all transfers of your customers’ and employees’ personal information are and will be in compliance with the required international data transfer standards.

As your data processor, Agora Opinion transfers your customers’ and employees’ personal information to only two third-party subprocessors : our data center provider and our database service management provider. Both of these subprocessors are certified under the E.U.-U.S. Privacy Shield, a framework negotiated and agreed upon by the European Commission and U.S. Department of Commerce as a lawful way of transferring personal data.

Agora Opinion’s Products Are Designed To Help You Meet Your GDPR Requirements

Agora Opinion is committed to making every effort to build product features that help you meet your GDPR requirements.

Agora Opinion ensures that you can meet the GDPR data portability requirements by providing, among others, features that permit you to export some of the employees’ personal information.

Agora Opinion is here for you. Please contact our customer support team if you have any GDPR-specific questions.

This Policy was last updated on January 17th, 2019.

Data Processing Addendum

 
Where applicable, this Data Processing Addendum is hereby incorporated in the Agora Opinion Terms of Service (the “General Terms”), found at https://www.agoraopinion.com/cgv, unless Customer has entered into a superseding written agreement with Agora Opinion, in which case, it forms a part of such written agreement. All capitalized terms not defined herein shall have the meaning set forth in the General Terms. Unless Customer has a superseding written agreement with Agora Opinion, Agora Opinion may amend this Data Processing Addendum from time to time on its Website, as its business evolves. Any revisions will become effective on the date Agora Opinion publishes the changes. Customer can review the most current version of the Data Processing Addendum at any time by visiting this page. If Customer uses the Services after the effective date of any changes, that use will constitute the acceptance of the revised Data Processing Addendum.

1 DEFINITIONS AND INTERPRETATION

1.1 The following capitalized terms shall have the meaning ascribed to them below:
(i) “Data Controller” has the meaning set out in GDPR;
(ii) “Data Processor” has the meaning set out in GDPR;
(iii) “Data Protection Regulator” means the applicable supervisory authority with jurisdiction over either party, and in each case any successor body from time to time;
(iv) “Data Subject” has the meaning set out in GDPR;
(v) “Privacy Laws” means all applicable data protection and privacy legislation, regulations and guidance governing the protection of Personal Information including but not limited to Regulation (EU) 2016/679 (the “General Data Protection Regulation” or “GDPR”); and
(vi) “Process”, “Processing” or “Processed” have the meaning set out in GDPR.

2 PROTECTION OF PERSONAL INFORMATION

2.1 Supersedence. This Data Processing Addendum shall supersede any and all provisions of the General Terms inconsistent herewith.

2.2 Data Controller and Data Processor. The Parties acknowledge that the Customer is the Data Controller and Agora Opinion is the Data Processor of the Customer Personal Information. Agora Opinion will Process Personal Information in accordance with Section 3 of this Data Processing Addendum.

2.3 Customer’s Obligations as Data Controller. The Customer warrants that the Customer Personal Information has been obtained fairly and lawfully and, in all respects in compliance with the Privacy Laws.

2.4 Agora Opinion’s Obligations as Data Processor. Agora Opinion shall:

2.4.1 Process the Customer Personal Information only in accordance with Section 3 of this Data Processing Addendum and any other reasonable documented instructions as provided by the Customer to Agora Opinion from time to time (“Instructions”), including with regard to transfers of Customer Personal Information to a third country, save where:

2.4.1.1 such Instructions are unlawful;
2.4.1.2 such Instructions would cause Agora Opinion to breach its own obligations under Privacy Laws or the General Terms or any other agreement with a third party;
2.4.1.3 Agora Opinion is under a legal obligation to Process the Customer Personal Information, in which case Agora Opinion shall inform the Customer of the legal obligation, except to the extent the law prohibits it from doing so; and/or
2.4.1.4 such Instruction delays or prevents performance of the Services.

2.4.2 inform the Customer if, in its opinion, an Instruction received from the Customer infringes the Privacy Laws;

2.4.3 ensure that all Agora Opinion employees and personnel who are involved in the Processing of Customer Personal Information have committed themselves to confidentiality or are under statutory obligations of confidentiality;

2.4.4 not provide any new third party, with access to the Customer Personal Information or sub-contract any of its obligations under the General Terms that involve Processing Customer Personal Information without noticing in advance the Customer and/or publishing the changes in this Data Processing Addendum on the Website. The Customer hereby approves those third parties listed below, or any further third party that is either a Privacy Shield certified entity or that is compliant with GDPR requirements regarding transfers of Customer Personal Information to a third country (the “Subprocessors”):

2.4.4.1 Microsoft Azure. Agora Opinion’s internal database is hosted in Microsoft Azure data centers. Microsoft Inc. is located in the United States and is a Privacy Shield certified entity. The European Commission has recognised the Privacy Shield Framework adopted by the United States as providing adequate protection; and,
2.4.4.2 OVH. Agora Opinion’s database management service provider is OVH. OVH’s Private Cloud (IaaS) offer is the first of the OVH services to be declared compliant with the CISPE code of conduct.

2.4.5 ensure that any sub-contract entered into by Agora Opinion (where Customer Personal Information is Processed by a Subprocessor) contains provisions which comply with Privacy Laws and in any event are no less onerous than those imposed under Section 2 of this Data Processing Addendum, and where a Subprocessor fails to fulfil its data protection obligations under GDPR, Agora Opinion shall remain liable to Customer for the performance of that Subprocessor’s obligations;

2.4.6 implement and maintain appropriate technical and organizational security measures to protect against unauthorized or unlawful Processing of the Customer Personal Information and against accidental loss, disclosure or destruction of, or damage to, the Customer Personal Information, taking into account the state of the art, costs of implementation and nature, scope, context and purposes of Processing, as described in the Privacy Policy, found at https://www.agoraopinion.com/privacy, and including :

2.4.6.1 the anonymization, pseudonymization and/or encryption of Customer Personal Information;
2.4.6.2 the ability to ensure the ongoing confidentiality, integrity, availability and resilience of Processing systems and services;
2.4.6.3 the ability to restore the availability and access to Customer Personal Information in a timely manner in the event of a physical or technical incident; and
2.4.6.4 a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the Processing.

2.4.7 taking into account the nature of the Processing, assist the Customer (at the Customer’s cost) by appropriate technical and organizational measures, to enable the Customer to comply with its obligations under Privacy Laws in responding to requests from Data Subjects (insofar as this is possible);

2.4.8 assist the Customer (at the Customer’s cost), to comply with the following obligations under the GDPR, taking into account the nature of Processing and information available to Agora Opinion, including:

2.4.8.1 notification and assistance to Customer without undue delay, in accordance with the provision set forth in Section 9 of the Privacy Policy, and notification to the Data Protection Regulator and Data Subjects of a breach of security which leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Customer Personal Information transmitted, stored or otherwise Processed; and
2.4.8.2 the Customer’s obligations to carry out data protection impact assessments and any subsequent consultation with the Data Protection Regulator;

2.4.9 make available to Customer or an independent third party auditor mandated by the Customer (but not being a competitor of Agora Opinion), at the Customer’s reasonable cost, to a maximum of once a year or when a breach of Customer Personal Information is reasonably suspected, all reasonable information that Agora Opinion deems necessary to demonstrate compliance with the obligations imposed on Agora Opinion under Section 2 of this Data Processing Addendum, and allow for and contribute to audits, including inspections for the sole purpose of demonstrating such compliance; and

2.4.10 unless required by law, at Customer’s request following termination or expiry of the General Terms for whatever reason, at the Customer’s reasonable cost, securely delete all of the Customer Personal Information.

3 INSTRUCTIONS FOR PROCESSING OF CUSTOMER PERSONAL INFORMATION

Agora Opinion will Process Customer Personal Information in accordance with the following instructions:

Categories of Customer Personal Information collected by Agora Opinion

Users credentials(such as emails, names, etc.)

• User credentials permit the Users to access the Agora Opinion Platform and include emails and password hashes.

Categories of Data Subjects for which Customer Personal Information is Processed

• Account administrator that purchases the subscription and manages the account.
• Company managers and group managers which use the platform and review the votes, alertes and badging.
• Note : Clients and Employees answering the surveys do it anonymously.

Purposes for which Agora Opinion Processes Customer Personal Information

• Provide, maintain and improve the Agora Opinion Platform.
• Prevent or address service, security, support or technical issues with the Agora Opinion Platform.

Nature of Processing

Handling, storing, sharing with Subprocessors, accessing and reviewing Customer Personal Information for the Processing purposes set out adjacent.

Duration of Processing

As long as necessary for the purposes described in this Data Processing Addendum, unless a longer retention is required by law.