Terms and Conditions for Users


Introduction


Crossdata Messenger is a service offered by CROSSDATA SAS, Headquarters: 5 rue Pierre Louis Bernaix, 69100 Villeurbanne, FRANCE.
Crossdata SAS has set up an instant messenger service on messenger.crossdata.eu (hereinafter referred to as the "Site") for major users (hereinafter referred to as "Users" or "You"), who, upon registration, will connect with Crossdata operators on the Site (hereinafter referred to as "Operators"), to ask further support about data project (hereinafter referred to as the "Service").
In order to benefit from the Service, the User shall agree to these Users Terms and Conditions (hereinafter "Users Terms") without restriction or reserve. The User shall prove his agreement by a click of approval during ths start of the Service.

      1. Subject


    These Users Terms are aimed at laying down the conditions under which Crossdata SAS, through the Service, provides Users with technological tools to communicate with Crossdata experts.

      2. Description of the Service


    The Service shall consist of a set of tools which enables Users to communicate with Operators.
    In case of non-compliance with these Users Terms and Conditions, Crossdata SAS reserves the right to temporarily or permanently discontinue the concerned User’s access to the Service.

      3. Access to the Service


    Access to the Service by Users is strictly for personal use. When using the Service, the User shall declare that he is acting in a private capacity.
    In addition to complying with these User Terms, access to the Service shall be subject to an identification on the Site. This shall require the entering of personal identification data. During the identification, You shall agree to provide only accurate information, and using the messaging tool available to You as part of the Service, You shall inform Crossdata SAS without delay of any changes likely to affect it.

      4. Cost of the Service


    Using the Service is free of charge (excluding any connection costs, whose price depends on your electronic communication service provider). There is no obligation to buy on the Site.

      5. Personal Data


    Your information and data shall be processed by Crossdata SAS. It will be used to manage your access to the Service.
    For more information regarding your personal data, refer to the page "Data Protection".

      6. Intellectual Property


    6.1 - All texts, comments, articles, illustrations, works, and images reproduced or represented on the Site are strictly reserved under copyright laws and as intellectual property, throughout the duration of protection of these rights and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, private use is permitted, subject to different rules of the intellectual property code, some of which are more restrictive. Any total or partial reproduction, modification or adaptation of the Site and/or of all or part of the elements found on the Site or incorporated into it is strictly prohibited.
    6.2 - Company names, trademarks and distinctive signs displayed on the Site are protected under trademark law. Reproduction or representation of all or part of the aforementioned signs is strictly prohibited and is subject to prior written approval of the trademark owner.
    6.3 - Some Products are subject to personal and specific usage rights which regulate copying, public broadcasting, rentals, etc. Contractual conditions that are applicable to Products must be respected and Crossdata SAS shall not be liable for any use that may be made of Products within this framework.

      7. Responsibility


    Crossdata SAS' liability to the Buyer may be incurred only for facts which are directly attributable to it, and which may cause him harm directly linked to these facts. It shall not be liable for consequential damages. Crossdata SAS' liability shall not be initiated due to the misuse of the Service by the Buyer or due to any fault of his own. It shall not be liable for events imputable to a third party to the Service.
    Furthermore, in accordance with Article 6-I, 2 and 3 of French Law No. 2004-575 dated 21 June 2004 regarding Confidence in the Digital Economy, Crossdata shall not be held liable for content made available on the Site by Users unless it did not make them promptly inaccessible after being informed of their illegality as provided for by this law.
    The User shall be solely responsible for his use of the Service, including assessments made on the Site, and shall ensure, on first demand, that Crossdata SAS is indemnified and compensated for any damage, loss, or shortfall which Crossdata SAS may suffer if found liable by a third party as a result of an action related to this use of the Service by the User.

      8. Partial Invalidity


    If one or more provisions of these User Terms and Conditions are found invalid or declared as such under any law, regulation, or final decision of a competent jurisdiction, the remaining provisions shall retain their full force and scope.

      9. Applicable Law and Processing of Claims for the Service


    These Users Terms and Conditions are subject to French law.
    Any dispute arising from their interpretation and/or execution shall fall within the jurisdiction of French courts.
    For any claim under the Service, please contact Crossdata via the Service.

This document describes Crossdata SAS’ rules on managing, processing and storing personal data submitted in the context of Crossdata SAS services.

The term “personal data” refers to information associated with the name of an individual or his or her personal identity as opposed to information associated with a commercial entity or business.

The data submitted via Crossdata SAS’ Websites and/or via Crossdata SAS’ services should not include any sensitive personal data, such as Government identifiers (like social security numbers or driving licence numbers), credit card numbers or personal bank card numbers, medical records or particulars connected with applications for care or treatment associated with private individuals.

Consent

In submitting your personal data to the Crossdata SAS’ Website, you agree and accept that Crossdata SAS may gather and/or process, store and use these data in accordance with the rules set forth below.

1. Case of data collected directly from messenger.crossdata.eu (your personal data)

Identity of the data controller

Personal data are collected on this site by Crossdata SAS, a simplified public limited company with capital of 100,000 Euros, registered under RCS LYON 821 011 939 on the Trade & Companies Register of Lyon and of which the registered office is located at 5, rue Pierre Louis Bernaix, 69100 Villeurbanne, FRANCE.

CNIL (Data Protection Authority) Declaration

Crossdata SAS informs its customers and prospects that declarations on the automated processing of data have been filed with the French data protection authority (CNIL) under numbers 1971324 and .

Data liable to be collected on the site

Crossdata SAS collects and processes the following data: email, title, first name, last name, country, Intracommunity VAT number where applicable, password, postal address, telephone number, IP address(es) and domain name, log-on data and browsing data where you authorise it, order history, complaints, incidents, information on subscriptions and correspondence on our site.

The mandatory or optional nature of the data (so we can complete your registration and deliver you our services) is marked with an asterisk on the registration form. In addition, some data are collected automatically by reason of your activity on the site (see paragraph on cookies).

Recipients of your data

Personal data relating to you collected on the site are destined for Crossdata SAS. They may be forwarded to Crossdata SAS’ partner companies from which Crossdata SAS may request assistance in the context of carrying out its services.

Crossdata SAS does not sell or hire your personal data to third parties for marketing purposes, without your express consent.

In addition, Crossdata SAS does not disclose your personal data to third parties except if (1) you (or your account administrator acting on your behalf) requests or authorises disclosure thereof; (2) this disclosure is required to process transactions or supply services which you have requested (e.g.: to check you are employing best practice in your mailings or for the purposes of processing an acquisition card with credit-card issuing companies); (3) Crossdata SAS is compelled to do so by a government authority or a regulatory body, in the case of a court order, a summons to appear in court or any other similar requisition from a government or the judiciary, or to establish or defend a legal application; or (4) the third party is acting as an agent or subcontractor of Crossdata SAS in the carrying out of services (for example: Crossdata SAS uses the services of a telecommunications company).

Purposes

The principal purpose of collecting your personal data is to offer you a safe, optimum, efficient and personalised experience. To this end, you agree and accept that we may use your personal data to:

provide our services and facilitate running the same, including the carrying out of checks relating to you;

resolve any problems or disputes thereby improving use of our site and our services;

personalise, assess, improve our services and contents;

analyse the volume and history of your use of our services;

inform you about our services and those of our partner companies by marketing (newsletter in particular) and/or promotional offers, with your agreement;

prevent, detect and investigate any activities that are potentially prohibited, unlawful or contrary to good practice and ensure application of our general conditions of use;

comply with our legal and regulatory obligations.

Newsletter and marketing emails

You are able to unsubscribe from newsletters and marketing emails by following the “unsubscribe” links included in every email. You can also contact us on contact@crossdata.eu

Email tracking

Without systematically doing so, we may analyse and track the click rates and the number of emails we send you which you open to assess performance rates on our emailing campaigns.

Testimonials

Crossdata SAS publishes a list of Customers & Testimonials on its site comprising information on the customers’ names, job titles and the name of their company, as the case may be. Crossdata SAS undertakes to obtain the authorisation of every customer before publishing any information or testimonial.

Your rights arising from the French Data Protection Law

In accordance with the French Data Protection Law of 6 January 1978 as amended, you have a right of access, correction and removal of data relating to you which you may exercise by emailing Crossdata SAS at the following address: contact@crossdata.eu. Your requests will be processed within 30 days.

In accordance with current regulations, your request must be signed, accompanied by a photocopy of proof of identity bearing your signature and specify the address to which you want the reply sent.

Cookies

As a general rule, Crossdata SAS uses cookies to improve and personalise the site and/or measure its audience. Cookies are files saved on your computer’s hard drive when browsing on the Internet and in particular on the site. A cookie is not used to gather your personal data without your knowing but to record information on your browsing of the site which can be read directly by Crossdata SAS on your subsequent visits and searches on the site.

If you choose to decline acceptance of all cookies, your ability to browse certain pages of the site will be reduced.

The cookies used by Crossdata SAS are intended to enable or facilitate communication, to enable the services requested by users to be supplied, to recognise users when they next visit, to secure payments which users may make, to register the language spoken by users or other preferences necessary for the service requested to be supplied and to enable Crossdata SAS, internally, to carry out analyses on the hit rate on its site information pages so as to improve content, to track the email opening rate, click rate and bounce-back rates at individual level.

By default, cookies are not installed automatically (with the exception of those cookies needed to run the site and Crossdata SAS’ services, and you are informed of their installation by a banner). In accordance with the regulations that apply, Crossdata SAS will require your authorisation before implanting any other kind of cookie on your hard drive. To avoid being bothered by these routine requests for authorisation and to enjoy uninterrupted browsing, you can configure your computer to accept Crossdata SAS cookies or we are able to remember your refusal or acceptance of certain cookies. Please note that without some cookies, Crossdata SAS is unable to guarantee some services. By default, browsers accept all cookies.

When you access third party sites advertising on the Crossdata SAS site by clicking on the ad-links or banners, or when you are reading these advertisements, cookies can be created by the companies disseminating these ads. These third parties may be able to use cookies in the context of Crossdata SAS’ services (partners, advertisers or other third parties supplying content or services available on the Crossdata SAS site) and are responsible for the cookies they install and it is their provisions on cookies which apply. Crossdata SAS assumes no liability in regard to the possible use of cookies by these third parties. For more information, you are advised to check the cookie policy directly on these advertiser sites with regard to use of cookies.

2. Data retention

Crossdata SAS collects the data for the requirements of carrying out its contractual obligations and retains the same in active databases so long as you are a customer of and use the services of Crossdata SAS (the contract binding us has not been cancelled) and for a further period of one (1) year after our relationship has ended, in accordance with the current regulations in force.

Nevertheless, Crossdata SAS in no way undertakes to store these data indefinitely. You are able to access some of these data so long as you hold an active account with us and for a period that varies depending on the type of data concerned. The data may be deleted at any time in accordance with the provisions set forth above.

3. Location of data storage and transfers

The host servers on which Crossdata SAS processes and stores the databases are located exclusively within the European Union.

Crossdata SAS undertakes not to transfer any data outside the European Economic Area and/or any third party country recognised by the European Commission as having an adequate level of protection.

Finally, Crossdata SAS undertakes to inform you immediately, to the extent we are legally authorised to do so, in case of any application or order originating from an administrative or judicial authority relating to your data.

4. Security

Within the framework of its services, Crossdata SAS attributes the very highest importance to the security and integrity of its customers’ personal data.

Thus and in accordance with Directive 95/46/CE, Crossdata undertakes to take all pertinent precautions in order to preserve the security of the data and, in particular, to protect them against any accidental or unlawful destruction, accidental loss, corruption, unauthorised circulation or access, as well as against any other form of unlawful processing or disclosure to unauthorised persons.

To this end, Crossdata SAS implements industry standard security measures to protect personal data from unauthorised disclosure. In using industry recommended methods of encoding, Crossdata takes the measures necessary to protect information connected with payments and credit cards.

Moreover, in order to avoid in particular all unauthorised access, to guarantee accuracy and the proper use of the data, Crossdata SAS has put the appropriate electronic, physical and managerial procedures in place with a view to safeguarding and preserving the data gathered through its services. In particular, these measures are as follows:

Multilevel firewalls,

Tried and tested anti-virus programs and unauthorised intruder attempts detection,

Encrypted transmission of data with SSL/https/VPN technology.

However, in spite of these, nobody is able to consider that they are completely safe against piracy or hackers. That is why in the event a breach of security were to affect you, Crossdata SAS undertakes to inform you thereof as soon as possible and to use its best efforts to take all possible measures to neutralise the intrusion and minimise the impacts thereof. Should you suffer any loss by reason of the exploitation by a third party of a security breach, Crossdata SAS undertakes to provide you with every assistance necessary so you are able to assert your rights and obtain reparation. Moreover if, by some exceptional case, the loss incurred arose in part due to a fault or serious negligence on the part of Crossdata SAS, you will be able to seek compensation from Crossdata SAS within the limit of liability referred to in Crossdata SAS’ general terms and conditions of use.

You should keep in mind that any user, customer or hacker who discovers and takes advantage of a breach in security renders him- or herself liable to criminal prosecution and that Crossdata SAS will take all measures, including laying a complaint and/or bringing a court action, to preserve the data and rights of its users and of itself and to limit the impact thereof to the maximum.

Generally, if you have any question whatsoever on the security of our Website, do not hesitate to contact us at contact@crossdata.eu

5. Change to our Privacy Policy

Crossdata SAS reserves the right to update this Privacy Policy, in particular pursuant to any changes made to the laws and regulations in force. Any modifications made will be notified to you via our Website or by email, to the extent possible, thirty days at least before any changes come into force. We would recommend that you check these rules from time to time to stay informed of our procedures and rules relating to Personal Information.

6. Contact us

Any query relating to this Privacy Policy should be made to Crossdata SAS directly by email to: contact@crossdata.eu or by letter to:

Crossdata SAS – Privacy Policy

5, rue Pierre Louis Bernaix

69100 VILLEURBANNE

FRANCE

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