Welcome to Taqt.com.
We are Taqt. (“Taqt”, “our”, “us” or “we”).
You are about to start collaborating with us, thanks a lot for your interest !

Your access to, and use of, all products and services sold or otherwise provided to you as a part of our solutions (collectively, the “Products” and the “Services,” respectively) and the Sites (as defined below) is subject to the terms and conditions set forth in these Taqt Terms of Service (these “Terms”)

BY CLICKING “I ACCEPT” OR BY ACCESSING AND USING THE PRODUCTS, THE SERVICES AND/OR THE SITES, YOU ARE AGREEING TO ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT CLICK “I ACCEPT” AND DO NOT ACCESS OR USE THE PRODUCTS, THE SERVICES OR ANY OF THE SITES.

Taqt reserves the right, in its sole discretion, to modify, amend or supplement any term or condition of these Terms at any time, with or without notice, by posting such modifications, amendments and/or supplements here. If you continue to use the Services after any such modifications, amendments or supplements are made, you are then accepting and agreeing to be bound by them.

  1. Scope of Services: Taqt provides access to the Services through both: (i) websites, including, without limitation, those located at Taqt.com and related domains (each, a “Site,” and all, collectively, the “Sites”); and (ii) software that may be downloaded to a mobile device (each, a “Mobile App” and collectively the “Mobile Apps”). Certain additional paid services or features that Taqt may offer (such as additional cloud data storage and other premium subscription Services) may have additional or different terms. Taqt offers only the ability to access and/or use the Services, the Sites and Mobile Apps, and never sells or otherwise transfers ownership to any of them.
  2. Subscriber Representation; Registration and User Accounts: You represent and warrant that: (i) if you are an individual, you are at least 18 years old and otherwise legally competent in all respects to enter into and be bound by these Terms; or (ii) if you are an entity, (A) you are a legal entity in good standing, (B) you possess all legal authority and power to enter into and be bound by these Terms, (C) the natural person who clicked “I Accept” to accept these terms had full corporate authority to do so, and you hereby bind your entity and all natural persons employed or engaged by your entity that may use the Services, the Sites and/or the Mobile Apps.

As a part of the registration process used by Taqt for you to create an account to access and use the Services, you must submit certain information as prompted, such as your name, email address, phone number, zip code/post code, and address. You may be prompted to provide additional optional information during setup which is not required to register for an account but may be necessary to provide you with full Services, to provide you with a trial of premium or other subscription-only services, or that might be helpful to Taqt in providing you with a more customized experience. This information could include, for example, payment information.

As part of the registration process, you will create a password that will allow you to log in to the Services. You are responsible for maintaining the confidentiality of your password and for all activities that occur on your account. You agree not to share your password, let others access or use your password, or do anything else that might jeopardize the security of your password. All the information that you provide when registering for an account and otherwise through the Sites and/or the Mobile Apps must be accurate, complete, and up to date. You may change, correct, or remove any information from your account by either logging into your account directly and making the desired changes or contacting Taqt’ support team.

  1. Authority to Submit Data from Devices to the Services; License to Such Data: The Services collect, analyze and store data submitted from your IoT-enabled devices, including, without limitation, mobile devices (collectively, “Devices”) that are set up by you and connected to the Services in order to submit such data to the Services. You represent and warrant that you have full legal authority to submit data and information from any Devices that you connect to the Services. By using the Services and submitting such data from any Device, you hereby grant Taqt a worldwide, perpetual, royalty-free license to use, reproduce, distribute copies of, create derivative works of, and publicly display the information in connection with your use of the Services. Taqt is not responsible or otherwise liable for data submitted to the Services from Devices except as expressly set forth in these Terms.

Taqt does not verify the accuracy or ownership of the data or information submitted from Devices to the Services. You alone are responsible for determining: (i) the identity of those to whom you grant access to Devices, and (ii) the type, character, amount and nature of the data submitted from Devices to the Services.

  1. Payment:

To the extent to which we sell Products and/or the Services to you for any fee or charge that we collect, you will be required to select a form of payment and provide us information regarding your credit card or other form of payment authorized by us. You represent and warrant that such information is true and correct and that you are authorized to use the selected form of payment. When you make a payment, you authorize us (and our designated payment processor(s)) to charge the full amount to the payment source you designate for the transaction. You acknowledge and agree that you are liable for any and all applicable sales and use taxes for any purchase you make based on the mailing address that you provide, and you authorize Taqt to charge your payment method for any such applicable taxes. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You will pay us, in Euro or U.S Dollars, all fees and charges incurred in accordance with the authorized form of payment and these Terms. If you dispute any fees or charges, you must let us know within sixty (60) days after the date that we invoice or otherwise charge you, and give us the opportunity to remediate any problem that you believe entitles you to dispute those fees or charges. You hereby grant to us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error.

We may charge your credit or debit card or account for your first fee for a subscription Service on the date upon which we process your order for that subscription Service, and on or about each monthly or annual anniversary thereafter. We may also obtain pre approval for an amount up to the amount of the transaction.  Once your payment method is charged the first fee for a subscription Service, we will send a confirmation email to the email address that you have provided. If you have any dispute with either any such charge or your request that it recur, you must notify us in accordance with Section 5.

You acknowledge and agree that the amounts billed each billing period for subscription Services may vary for reasons that may include differing amounts due to promotional offers or changing subscription Services or prices. You authorize Taqt to charge your payment method for such varying amounts, or provide you a credit, on your next billing cycle.

YOU ACKNOWLEDGE AND AGREE THAT: (I) TAQT RESERVES THE RIGHT TO AUTOMATICALLY RENEW EACH SUBSCRIPTION SERVICE THAT YOU PURCHASE, ON OR ABOUT EACH MONTHLY OR ANNUAL ANNIVERSARY OF THE DATE UPON WHICH TAQT FIRST CHARGES YOU FOR THE SUBSCRIPTION SERVICE; AND (II) TAQT WILL HAVE THE RIGHT TO CHARGE YOU THE APPLICABLE MONTHLY OR ANNUAL SUBSCRIPTION FEE ALONG WITH ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED THEREON UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE.

If Taqt is unable to successfully charge your payment method for any charges due, Taqt reserves the right to revoke or restrict access to the Services, delete your stored content and/or terminate your account. If you want to designate a different payment method, or if there is a change in status for your payment method, you may change your payment method by logging into your account and making all payment-related changes to your account profile. You hereby acknowledge and agree that making such changes may: (i) temporarily disrupt services while Taqt verifies your new payment information; and (ii) may result in a change to your payment billing date.

Your access to subscription Services may begin with a free trial for a limited period of time. If you receive a free trial, the specific offer terms will be as stated in the material describing the free trial offer. Free trials are for new Taqt customers only. You may not combine free trials with any other offers. Taqt reserves the right to determine and limit eligibility for any free trial. Once your free trial period ends, we will begin billing your payment method for the monthly or annual fee for subscription Services corresponding to the subscription you chose at the time of purchase (plus any applicable taxes), unless you properly and timely cancel. For that reason, you may be asked to set up a valid payment method for continuation charges when redeeming a free trial offer. If you wish to avoid charges to your payment method, you must cancel subscription Services prior to the last day specified therefor in the terms applicable to your free trial period.

  1. Orders, Returns, Cancellations and Refunds:

Taqt will pack and ship each Product that comprises hardware (“Hardware”) in accordance with our standard practices and the rules of our shipping partners. We will charge you for shipping and handling. Scheduled shipment dates are estimates only, and, while Taqt will use commercially reasonable efforts to meet scheduled shipment dates, in no event will Taqt be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

If you wish to cancel an order that Taqt has not yet fulfilled, or if you are not satisfied with the Hardware for any reason within thirty (30) calendar days of the original purchase date and would like to schedule a return (including to receive a refund of a purchase price), contact us via email at [email protected] or telephone at  (+33) 1 80 91 98 67 with your order details.

To qualify for a refund or credit (excluding shipping and handling, duties and taxes) you must:

  • Contact Taqt with your order details within thirty (30) calendar days from your original order date, either in writing (via e-mail to [email protected]) or by telephone at (+33) 1 80 91 98 67, and obtain from Taqt a Return Merchandise Authorization (RMA);
  • Return the Hardware along with all parts/components included with your original shipment, each in its original packaging, to the shipping address set forth below using a shipper that provides you with a shipment tracking number (i.e. FedEx, UPS, DHL); and
  • Include with your return shipment the valid RMA number provided by Taqt, plainly visible on the outside of the returned package.

Taqt reserves the right to reject and either dispose of or return to you, at your expense, any return that is sent other than in compliance with the foregoing specified instructions. Requests for an RMA received by Taqt more than thirty (30) calendar days after the original purchase date for purchased Hardware may be evaluated on a case-by-case basis, subject to Taqt’ management approval and restocking fee. 

Products that are software, as well as Hardware that has been customized, modified and/or altered are not eligible for return or refund.

Shipping Address for Returns

Taqt

Attn: Service Logistique

257 Grande Rue de la Guillotière

69007 Lyon

FRANCE

Tel: (+33) 1 80 91 98 67

 

YOU MAY CANCEL YOUR AUTOMATIC RENEWAL FOR SUBSCRIPTION SERVICES AT ANY TIME ON THE WEBSITE OR BY CONTACTING US VIA EMAIL AT: [email protected]  Unless otherwise noted, any fees paid by you prior to your cancellation are nonrefundable (except as expressly permitted otherwise by these Terms or as may be required by law), including, without limitation, any fees paid in advance for the billing cycle during which you cancel. Termination past the relevant deadline for cancellation will not relieve you of any obligation to pay any accrued fees or charges to which you committed and failed to timely cancel. Upon cancellation of subscription Services, you will lose access to the benefits thereof to which you had previously had access, and Taqt will have the right to delete information and data stored as part of your account.

  1. Limited Hardware Warranty:

For one (1) calendar year from your original order date, Taqt warrants to you (and not to any third party) that Hardware manufactured by or for Taqt that you received from Taqt (as opposed to from a third party) will be free from material defects in materials and workmanship conditioned on the following: (i) such Hardware has been used solely normally and in accordance with all technical specifications and/or user manuals that accompany such Hardware; and (ii) such Hardware is associated with an active, fully paid, subscription to Services purchased by you.

For any breach of this limited hardware warranty, you must contact Taqt within one (1) calendar year from your original order date pursuant to the contact instructions set forth in Section 5.

If you submit a valid limited hardware warranty claim to Taqt, and you follow the instructions for returning the Hardware set forth in Section 5, we will, at our option, either: (i) repair the Hardware using either new or refurbished parts; (ii) replace the Hardware with a new or refurbished Hardware; or (iii) refund the full purchase price of the Hardware, less any shipping and handling, duties and taxes that you paid with your original purchase (i.e., shipping and handling, duties and taxes are not refundable).

This limited hardware warranty does not apply to: (i) consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship of the Hardware itself; (ii) cosmetic damage, including, without limitation, scratches, dents and broken plastic on ports; (iii) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of solids or liquids), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, testing, or improper storage; (iv) damage caused by operation outside the permitted or intended uses for the Hardware described by Taqt; (v) damage caused by use with non-Taqt products or services; or (vi) any software, even if packaged or sold with Hardware.

Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. Any such rights are not affected by the warranties in this limited hardware warranty.

  1. Terms for Loaned or Rented Hardware

If Taqt has loaned and/or rented Hardware to you, acknowledge and agree that your possession thereof is pursuant to a bailment, under which you: (i) will hold possession of the Hardware in trust for Taqt; (ii) bear all risk of loss of the Hardware immediately upon your receipt thereof into your control; and (iii) use reasonable care with the Hardware, and have responsibility for damage, destruction, loss and/or theft thereof.

Taqt reserves the right to, at any time, and with or without notice or further obligation to you of any kind whatsoever, to: (i) discontinue the production or distribution of and/or recall any loaned and/or rented Hardware; and (ii) change the design or specifications of such Hardware.  In suchevent and with Taqt authorization, you will immediately cease use of, and promptly return, such Hardware specified by Taqt, in the same manner as set forth in Section 5.

Upon expiration or termination of these Terms for any reason whatsoever, you will immediately cease use of, and promptly return, any loaned and/or rented Hardware specified by Taqt, in the same manner as set forth in Section 5.

You will not: (i) permit any loaned and/or rented Hardware to leave the premises at which you have specified with Taqt that such Hardware will be used; (ii) dispose of or destroy any such Hardware, regardless of damage thereto, or permit the sale, gifting or other transfer thereof; or (ii) allow any lien to attach to any such Hardware.

If any loaned and/or rented Hardware is stolen, lost, damaged beyond the point of usability or destroyed during use, you will promptly notify Taqt in writing thereof, providing details of such event, including an identification of the loaned and/or rented Hardware affected.

If you do not return to Taqt any loaned and/or rented Hardware as required by these Terms, you will pay to Taqt, within five (5) days of The date upon which you were required to return such Hardware, the then-current, retail value of a new and unopened unit of such Hardware.

As between Taqt and you: (i) Taqt will retain all undivided copyrights, patents, trade secrets, trademarks and trade name rights, and all other right, title and interest, in and to the Hardware, including, without limitation, all packaging designs, logos, slogans, advertising materials, promotional materials and all other materials of Taqt; and (ii) you will not have or acquire any right, title or interest therein under any circumstances whatsoever, except as expressly and unambiguously set forth in these Terms.

You will comply with all applicable international, national, state, regional and local laws and regulations in any dealings with respect to loaned and/or rented Hardware, including, without limitation, all applicable European and United States export control laws and regulations concerning export and re-export of technology and documentation, including, without limitation, the laws and regulations administered by the United States Department of Commerce and the United States Department of State. You will promptly notify Taqt in the event that you know or have reason to believe that any act or refrainment from acting required by or contemplated under these Terms violates any law, rule or regulation (whether criminal or non-criminal) in effect in any geographic territory in which you use loaned and/or rented Hardware.

  1. Third Party Products and Services: Use of the full functionality of the Services may require you to utilize one or more third-party products or services, including, without limitation, open-source software or third-party software that is licensed separately under the terms of various separate license agreements (“Other Software”). For example, certain of the Services’ features could utilize Google Maps Geocode API. You decide which third-party products or services, if any, you want to utilize. Other Software is licensed to you under the terms of the applicable third-party license agreements (the “Other Software Terms”). Intellectual property rights and to the Other Software are held by copyright holders indicated in the Other Software Terms. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable Other Software Terms for the Other Software. Your explicit consent and authorization may be required for any third-party product or service, including, without limitation, Other Software. Once your consent is given for a particular third-party product and service, including, without limitation, Other Software, Taqt may exchange information and data regarding you and your use of the Services, in order to enable the interface you have authorized to work together with the Services. Once this information is shared with the particular third-party product or service, its use will be governed by the third party’s privacy policy and terms of service.
  2. Cookies: The Sites use “cookies.” Cookies are small text files that reside on your computer and identify you as a unique user. Cookies allow us to, among other things, measure activity on the Sites and personalize your experience. For example, cookies enable us to remember your viewing preferences without requiring you to re-type a user name and password. If you choose, you can set your browser to reject cookies, or you can manually delete individual or all the cookies on your computer by following your browser’s help file directions. However, if you reject or delete cookies, you may have some trouble accessing and using some of the Services.  We also use other common information-gathering tools such as web beacons and embedded web links.
  3. 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.
  4. Services License & Restrictions; IP Rights: As long as you pay all amounts owed to Taqt in connection with your purchase of a license to access the Services and to not breach these Terms, Taqt grants to you a limited, revocable, non-exclusive, non-transferable license to access and use the Services that you purchase. You will not directly or indirectly do any of the following: (i) modify, disassemble, decompile, or reverse engineer any of the technology infrastructure underlying the Services, including, without limitation, the Sites, the Mobile Apps and/or any loaned and/or rented Hardware; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Services to any third-party or use the Services and/or any loaned and/or rented Hardware on a time sharing basis or to provide any security or other services for any third party; (iii) make any copies of the technology infrastructure underlying the Services, including, without limitation, the Sites, the Mobile Apps and/or the firmware on any loaned and/or rented Hardware; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services and/or any loaned and/or rented Hardware; (v) delete the copyright or other proprietary rights notices on the Services, the Sites, the Mobile Apps and/or any Hardware; (vi) attempt to access, monitor, or use the Services accounts or information of other customers; (vii) access the Services in order to build a similar or competitive product; (viii) upload, transmit, or distribute any computer viruses, worms, or software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Sites, the Mobile Apps and/or any other property; (x) interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the Services; or (xii) violate any applicable law or regulation.

Taqt is the exclusive owner of rights and interests in and to the mark Taqt® in Europe, United States and abroad. Other trademarks, names, and logos on or available through the Services are the property of Taqt or their respective third-party owners. Unless otherwise specified in these Terms, all technology and intellectual property available or appearing on or through any of the Services, including, without limitation, the Sites, the Mobile Apps, information, software, documents, services, content, site design, text, graphics, logos, images, and icons, are the sole property of Taqt or its licensors. All rights not expressly granted herein are reserved by Taqt.

  1. System Requirements: You are responsible for having all required software, hardware, and other system elements required for your use of the Services, as well as for making sure that they are compatible and properly configured. You acknowledge that Taqt cannot provide the Services properly if requirements and compatibility are not met. You must have a working cellular and/or internet connection, a supported Device (to use a Site and/or a Mobile App), and other hardware, software, equipment or items specified by Taqt. We recommend a high-speed internet connection with at least 1 Mbps of upload bandwidth, although lower upload rates may be sufficient as well. Taqt reserves the right to change any of the minimum system requirements at any time.
  2. Security; Privacy; Electronic Communications: Taqt cares about the integrity and security of its users’ personal information. Nevertheless, Taqt cannot guarantee that unauthorized third parties will never be able to defeat Taqt’ security measures. You acknowledge that you provide your personal information, and that your use of the Services is, at your own risk. Learn how we handle your information when you use the Services by reading our Privacy Policy. We encourage you to read our Privacy Policy carefully because, by using the Services, you agree that Taqt can collect, use, and transfer your data consistent with that Privacy Policy. By using the Services, you consent to receiving service-related electronic communications from Taqt, which may include notices about applicable fees, transactional information, and other information related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal requirements, including, without limitation, that such communications be in writing.
  3. Updates: From time to time, Taqt may provide updates, upgrades, patches, bug fixes, and other modifications to improve the technology infrastructure underlying the Services, including, without limitation, the Sites and/or the Mobile Apps and related services (“Updates”). You acknowledge and agree that you may be required to install Updates to continue to access and use the Products and/or the Services. You agree and consent to Updates being automatically installed without receiving any additional notice or providing any additional consent. Any Update provided to you is made on a license-exchange basis such that you agree, as a condition for receiving an Update, that you will terminate all of your rights to use any previous version of any software related to Products and/or Services affected by the Update. However, you may continue to use such previous version to the extent to which it may be of assistance to you in transitioning to the Update. Once an Update has been released, Taqt may cease support for previous versions, with or without any notice to you.
  4. Support: Unless otherwise expressly agreed by Taqt in writing, Taqt is not obligated to provide you with any technical support services relating to either the Products or the Services; provided, however, you may order support services for an additional charge (or as otherwise expressly provided for elsewhere in the Agreement) as Taqt may offer from time to time.
  5. Changes; Termination and Suspension: Taqt reserves the right to, at any time, and with or without notice or further obligation to you of any kind whatsoever: (i) discontinue the production or distribution of, or change the design or specifications of the Services; (ii) suspend the Services for security reasons, system failure, maintenance and repair, or other circumstances; and (ii) change its pricing, service, warranty or other policies. Taqt does not offer any specific uptime guarantee for the Services. Any termination or suspension of any Services will not result in any credit or refund of any kind except as expressly set forth herein.

These Terms continue in effect while you access and use the Services. At any time, Taqt may suspend or terminate your rights to access or use the Services, or terminate these Terms, if Taqt believes that you have used the Services in violation of these Terms. Upon termination of these Terms, your right to use the Services will automatically terminate. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, governing law & jurisdiction and general provisions will survive any termination of these Terms.

  1. Mobile Applications: Taqt does not warrant that the Mobile Apps will be compatible with all mobile devices. Other applications may interact with the Mobile Apps in unpredictable ways, and Taqt does not warrant against malfunctions or errors caused by such interactions. Taqt grants to you a limited, revocable, non-exclusive, non-transferable license to use an object code copy of the Mobile Apps for one registered account on one mobile device owned or leased solely by you for your personal use in connection with the Services. Taqt and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Apps. Standard carrier data charges may apply to your use of the Mobile Apps. The following additional terms and conditions apply with respect to the Mobile Apps:
  • You acknowledge that these Terms are between you and Taqt only, and not with Apple, Inc. (“Apple”) or Google, Inc. (“Google”).
  • In using the Mobile Apps you will comply with Apple’s then-current App Store Terms of Service and Google’s then-current Google Play Terms of Service.
  • Taqt is solely responsible for the Mobile Apps and the Services. You acknowledge that Apple and Google have no obligation to provide maintenance and/or support services with respect to the Mobile Apps.
  • Taqt is solely responsible for addressing any claims by you or any third party relating to the Mobile Apps, including, without limitation: (i) product liability claims; (ii) any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by these Terms and any applicable laws.
  • You will comply with all terms applicable to any third-party product and service that you access when using the Mobile Apps, including, without limitation, Other Software.
  • Apple and Google are third-party beneficiaries to these Terms as they relate to your license of the Mobile Apps.
  • Apple, the Apple logo, and iPhone are trademarks of Apple, Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc. Android is a trademark of Google, Inc.
  • Although the Services are accessible worldwide, they are not available to all persons or in all countries, including, without limitation, persons and countries prohibited by U.S. law. If you are accessing or using the Services from an unsupported country, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
  1. DISCLAIMER OF WARRANTIES: TO THE FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, OR ARISING FROM THE COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. TAQT DOES NOT WARRANT: (I) THAT EITHER ANY PRODUCT OR THE SERVICES IS/ARE ERROR FREE; (II) IN ANY MANNER FOR PROBLEMS CAUSED BY YOU OR ANY THIRD PARTY OR THING, INCLUDING WIRELESS CARRIERS, DATA CENTERS, BUILDINGS, ACCIDENTS, HILLS, NETWORK CONGESTION, TUNNELS, TOWERS AND WEATHER; OR (III) USES REQUIRING FAIL-SAFE PERFORMANCE IN WHICH FAILURE OF A PRODUCT AND/OR THE SERVICES COULD LEAD TO DEATH, SERIOUS PERSONAL INJURY AND/OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE INCLUDING LIFE SUPPORT, MEDICAL DEVICES AND NUCLEAR APPLICATIONS, FOR WHICH NEITHER THE PRODUCTS NOR THE SERVICES ARE DESIGNED AND WITH WHICH NEITHER THE PRODUCTS NOR THE SERVICES SHOULD BE USED. TAQT MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT EITHER ANY PRODUCT OR THE SERVICES: (I) WILL MEET YOUR NEEDS OR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER, OR DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (IV) WILL BE ACCURATE OR RELIABLE; OR (V) WILL GIVE NOTIFICATIONS AT ANY GIVEN TIME OR AT ALL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAQT OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY. YOU MAY NOT RECEIVE ALERTS IF THE INTERNET, MOBILE COMMUNICATION OR TELEPHONE SERVICES, COMMUNICATION LINES OR POWER IS INTERRUPTED FOR ANY REASON.
  2. LIMITATION OF LIABILITY: TAQT WILL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL TAQT BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT TAQT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TAQT WILL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SOFTWARE OR TECHNOLOGY.  IN ANY EVENT, TAQT’ ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IS YOUR RIGHT TO CANCEL YOUR ACCOUNT AND/OR SUBSCRIPTION.  IN NO EVENT WILL TAQT’ LIABILITY TO YOU EXCEED THE GREATER OF FIFTY EUROS (€50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO TAQT FOR THE SERVICES IN DISPUTE DURING THE ONE (1) YEAR PRECEDING THE DATE UPON WHICH YOUR CLAIM AROSE, WHICHEVER IS LESS. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THESE TERMS OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION.  YOUR RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS. IN SUCH JURISDICTIONS, TAQT’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS WILL APPLY, WITHOUT LIMITATION, TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY Taqt AND/OR ANY OTHER USERS.
  3. Indemnification: You will defend and hold harmless Taqt (and its affiliates, representatives, agents, shareholders, directors, officers, employees, successors and assigns) from and against any third-party claim, action, suit or proceeding that arises from, is based on or related to your breach of these Terms or any unauthorized use of the Services, and indemnify Taqt for all losses, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees and costs) incurred by Taqt as a result of any such claim, action, suit or proceeding.
  4.  Applicable law – Competent jurisdiction: These Terms are subject to French law. In the event of a complaint or a question, please contact us by email at [email protected] or by phone at (+33) 1 80 91 98 67 making sure to specify your contact information and to provide any information to us to allow it to assess the origin and implications of the dispute.

    ANY DISPUTE RELATING TO THE APPLICATION OR INTERPRETATION OF THIS TERMS WHICH CAN NOT BE SOLVED AMICABLY WILL BE BROUGHT IN FRENCH TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS.

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

Targeting Cookie

Other tools via third-party cookie

Other analytics or data tracker (SDK or ServerSide)

 

 

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:

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.