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GENERAL TERMS AND CONDITIONS - ACTION POSITIVE


I. INTRODUCTION

ACTION POSITIVE, SAS, whose registered office is located at 23 rue Gramme 75015 Paris, registered with the Paris Trade and Companies Register under number 951 023 449, edits and operates several fixed websites and/or their mobile applications (iOS/Android) accessible by wire or wirelessly, and in particular the Linka website, accessible at the following URLs: linka.eco and app.linka.eco, and the ACTION POSITIVE website accessible at the following URL: app.actionpositive.fr/accueil-entreprise

Hereinafter referred to as the "Sites" and whose director of publication is Mr. Antoine CURRAT, President of SAS ACTION POSITIVE, and whose co-director of publication is Mrs. Alina Zubareva, General Manager of SAS ACTION POSITIVE.

ACTION POSITIVE reserves the right to modify or delete all or part of the Sites without notice and without having to inform Clients, natural or legal persons in advance, regardless of their qualities and commercial activities. ACTION POSITIVE cannot be held liable to the Clients or to any third party for any modification or deletion of the Sites.

Definitions

Client(s): Any organization likely to purchase the services of ACTION POSITIVE and in particular companies, universities, schools, and associations;
Partner Services: Services as described in Article II.2.B of these Terms of Use;
Site / Sites: Any website operated by ACTION POSITIVE and accessible to Users and/or Clients;
User(s): Any person who has created an account on one of the ACTION POSITIVE sites/applications


II. SCOPE OF THE GENERAL TERMS AND CONDITIONS OF THE SITES

II-1. Acceptance of the General Terms and Conditions of the Sites

Any connection to the Sites by Clients and use of their content is carried out within the framework of these general terms and conditions (hereinafter "General Terms and Conditions ") and the Data Protection Charter accessible via the following link: Linka.eco

This Data Protection Charter explains (i) the origin and nature of the data collected by ACTION POSITIVE when Users and Clients browse the Sites (and/or when using the services offered by ACTION POSITIVE on the Sites), (ii) the reason for their collection, (iii) the way in which ACTION POSITIVE uses them and (iv) the rights that the User has over this data in accordance with law no.78-17 of 6 January 1978 as amended (known as the "Data Protection Act") and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

The fact that a Client accesses any of the Sites implies application of the rules and conditions defined below as well as acceptance of the General Terms and Conditions and the Data Protection Charter. Any Client who does not wish to adhere to these General Terms and Conditions and the Data Protection Charter must imperatively refrain from using the Sites and, where applicable, the associated services of ACTION POSITIVE.

The General Terms and Conditions and the applicable Data Protection Charter are those in force each time the Client connects to and uses the Sites. ACTION POSITIVE informs Clients that the General Terms and Conditions and the Data Protection Charter may be modified at any time.

These changes are brought to the attention of the Clients by simply putting them online, and are deemed to be accepted without reservation by any Client who accesses the Sites after the said online publication. Any Client who does not adhere to the new version of the General Terms and Conditions and the Data Protection Charter that would be put online by ACTION POSITIVE must imperatively stop using the Sites and, where applicable, the associated services. ACTION POSITIVE undertakes to ensure that these General Terms and Conditions and the Data Protection Charter are present and printable, at any time, on the Sites (subject to the possible unavailability of all or part of the said Sites).

II-2. Special and/or sales conditions

II.2.A. Relationship between T&Cs and Special Terms and Conditions

It is specified that certain services accessible on and/or from partner sites may be subject to their own specific terms and conditions of use and/or sale to which each Client must adhere in order to access the said services. In the event of any contradiction between these General Terms and Conditions and the said specific conditions, the latter shall prevail.

II.2.B. Associated services

In compliance with the Data Protection Charter, ACTION POSITIVE offers Clients various services such as:

  • Access to the Users' anonymized and non-anonymized data regarding the achievement or non-fulfillment of challenges related to ecology and eco-anxiety, specific to the context of the Client's organization;
  • Access to the Users' anonymized and non-anonymized data concerning their needs expressed towards the Client's actions related to ecology and eco-anxiety, specific to the context of the Client's organization;
  • Access to a ranking between the Client's Users completing the challenges in which the name and surname will be visible exclusively to the Client's game manager(s), who have been previously announced to the Client's Users;
  • It is recalled here that in order to obtain the afore-mentioned non-anonymized data, the Client must obtain the second prior consent of its Users - the first consent having been obtained by their acceptance of the Data Protection Charter.
  • Access to the non-anonymized responses of Users who wish to respond to the questionnaire provided by Action Positive, concerning their level of eco-anxiety and the type of persona defined by Action Positive, as soon as the Client has informed its Users of access to their non-anonymized responses;
  • Access to the anonymized answers of the Client's Users to questions about the onboarding of the Linkamobile mobile application, in particular the eco-emotions they feel, and the characteristics of their daily lives (vegetarianism, veganism, presence of children in the household, etc.) ;
  • The possibility of conducting a monthly user survey;
  • The ability to write a message to users once a month.
  • Tools allowing Clients to keep Users informed of the progress of the steps related to the actions requested;
  • 24/7 access, subject to the availability of the Sites (see III below) to the various services listed above;


III. SITE AVAILABILITY

ACTION POSITIVE makes every effort to keep the Sites and services it offers permanently accessible without being bound by any obligation in this regard vis-à-vis Clients. ACTION POSITIVE may therefore interrupt access to the Sites for any reason, in particular technical or editorial (for example in the event of maintenance or updating), without prior notice or information to the Clients, and without being held liable for the consequences of these interruptions either with regard to the Clients or any third party. In addition, ACTION POSITIVE cannot be held liable in the event that Clients are unable to access all or part of the Sites due to any technical defect or any problem, in particular and not limited to: - network congestion, - failure of Internet service providers, - human or electrical error, - any malicious intervention, - a failure and/or congestion of telephone connections, - any software or hardware malfunctions, - a case of force majeure.


IV. REGISTRATION / CREATION OF THE CLIENT ACCOUNT

IV-1. Registration to the dedicated Client platform

The Client is informed that access to all the functions of the web platform dedicated to app.actionpositive.fr/accueil-entreprise Clients may require the creation of a Client Account and the validation of a registration form.

When creating each Client Account, the Client must choose a professional identifier and a password.

All Clients undertake to communicate all the mandatory information required for registration. If the mandatory questions are not answered, the Client will not be able to validate the creation of the Client Account. The Client undertakes to create and use only one administrator account allowing the modification of content, and a maximum of 4 collaborator accounts allowing the viewing of data for this platform, and to communicate only accurate and up-to-date information that does not infringe the rights of third parties (in particular use in the email address communicated or in the identifier: of the surname, trademark or intellectual works protected by the intellectual property law of a third party) or contrary to public order and morality. In the event of a breach by any of the Client's commitments above, ACTION POSITIVE may require the modification of the email address and/or identifier. In the event of refusal to modify any of these elements, ACTION POSITIVE reserves the right to suspend and/or delete any Client Account. Similarly, any Client who creates several Client Accounts for this platform or who communicates incorrect identification data may have all of their Accounts suspended and/or deleted by ACTION POSITIVE.

IV-2. Confirmation of registration

ACTION POSITIVE informs the Client of his/her registration and the creation of the Client Account by automatically sending an email to the professional email address provided at the time of registration. This electronic message includes a code that will allow the people related to the Client to technically affiliate themselves to it – in order to report the data. ACTION POSITIVE may not be held liable under any circumstances if the Client's registration data does not reach it or reaches it partially illegible due to incompatibilities or technical failures attributable in particular to the Client's installations (Internet server, hardware, software, etc.).

IV-3. Use of usernames and passwords

The information communicated to ACTION POSITIVE by the Client as part of his registration is strictly confidential. Clients acknowledge that they are fully responsible for the preservation and confidentiality of their usernames and passwords. Any connection to the Sites via a Client Account and/or transmission of data made using a Client Account will be presumed to have been made by the holder of the said Client Account and under his or her exclusive responsibility. In the event of fraudulent use of his/her identification data (username and password), all Clients undertake to inform ACTION POSITIVE in writing as soon as possible.


V. PERSONAL DATA PROTECTION

ACTION POSITIVE invites the Client to consult its Data Protection Charter.

This Data Protection Charter explains (i) the origin and nature of the data collected by ACTION POSITIVE when the User or Clients browse the Sites (and/or when using the services offered by ACTION POSITIVE on the Sites), (ii) the reason for their collection, (iii) the way in which ACTION POSITIVE uses them and (iv) the rights that the User has over this data in accordance with law no.78-17 of 6 January 1978 as amended (known as the "Data Protection Act") to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

The Clients expressly undertake by accepting these terms and conditions to strictly comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

Any breach of these rules could result in a suspension of the services provided by ACTION POSITIVE, which cannot be recognized as the author or accomplice of these breaches.

The platform dedicated to app.actionpositive.fr/accueil-entreprise Clients does not host any data.


VI. WARNING SYSTEM

ACTION POSITIVE does not a priori control the Contributions by the Clients on the Publication Spaces (surveys / monthly communications to users). As part of its status as a hosting provider, and in accordance with the provisions of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, ACTION POSITIVE has set up a notification system for Users, so that they can report any manifestly illegal Contribution.

As part of the mission assigned to it, the moderators, Antoine Currat and Alina Zubareva, reserve the right to:

  • to delete, after its dissemination, any content and in particular any Contribution that would be manifestly illegal and/or contrary to the afore-mentioned rules of conduct to ACTION POSITIVE, and in general that would be contrary to the law;

  • to call the Client who is the author of the disputed message and/or Contribution to order so that it changes its attitude;

  • to temporarily or even permanently exclude Clients who violate these rules of conduct. The decisions of the moderator(s) are not subject to challenge under any circumstances. By validating their registration form, Clients undertake to respect its authority and in general the rules that apply to it. It is perfectly understood that this alert mechanism is intended to facilitate the moderation of the Sites but can in no way replace full compliance with the notification formalism provided for by the law of 21 June 2004 (see art. VII-3 above).


VII. SEARCH ENGINE

To date, ACTION POSITIVE does not have an internal search engine.


VIII. RIGHT OF REPLY

Pursuant to Article 6-IV of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, any natural or legal person named or designated on the Sites may request a right of reply from ACTION POSITIVE.

In accordance with the regulations in force, ACTION POSITIVE appoints, to this end, as the person responsible for ensuring the fulfilment of the obligations relating to the exercise of the right of reply, Mr Antoine CURAT. The request to exercise the right of reply should be sent to the following address:

SAS ACTION POSITIVE - To the attention of Mr. Antoine CURRAT, Director of Publication -23 rue Gramme 75015 Paris.

It must be submitted by registered letter with acknowledgement of receipt, no later than 3 months following the posting of the message justifying the said request. This request must also contain the references of the message (title, date, etc.) to which the Client wishes to respond, mention of the disputed passages as well as the circumstances in which this message has been made available to the public (for example, the title of the challenge or the comment associated with the challenge). It is recommended that the request for exercising the right of reply be accompanied by the text of the response that the Client proposes to make. Within it, the Client may usefully refer to the title of the challenge or the comment associated with the challenge in question as well as its date of broadcast. Provided that the request complies with the conditions of validity of the right of reply and is legally justified, ACTION POSITIVE undertakes to ensure that the response is inserted within 7 days of receipt of the request in the same place and in the same characters as the message to which the Client wishes to reply.


IX. INTELLECTUAL PROPERTY RIGHTS

IX-1. Intellectual property rights relating to the Sites

All elements of the Sites, in particular their structure, editorial content, illustrations, photos, images, sounds and videos, and their organization, are protected by copyright, trademark law and intellectual property rights in general.

ACTION POSITIVE grants the Client, from the time of accessing the Sites, a private and non-exclusive right of use of the content of the said Sites. Consequently, the Client undertakes to generally respect the intellectual property rights on the various content offered on the Sites and in particular to:

- not to reproduce, modify, alter or redistribute without the prior authorization of ACTION POSITIVE any element contained in or relating to the Sites;

- not to misuse or make commercial use of these services and Sites without first seeking the express consent of ACTION POSITIVE.

As the publisher of the Sites, ACTION POSITIVE is also committed to respecting the intellectual property rights of others. In the event that the Client notices the infringement of an intellectual property right of others on the Sites, it will be possible for him to refer the matter to ACTION POSITIVE in writing.

ACTION POSITIVE declines all responsibility for the violation of intellectual property rights that may occur on the one hand, in the context of partnership operations that it may enter into with Partner Services, and on the other hand, in the context of hypertext links set up on the Sites.

IX-2. Intellectual Property Rights in Contributions Posted by Clients

By uploading Contributions to one of the Sites via the upload tools made available to it by ACTION POSITIVE, the Client grants ACTION POSITIVE, free of charge, the right to store, reproduce, and represent the Contributions it publishes and which would be protectable under copyright, for the purposes of making them available, and this, on all the Sites and all associated services (including, where applicable, within dedicated applications and/or third-party sites for sharing videos or content, in particular within any official channel dedicated to one of the Sites).

To this end, the Client expressly authorises ACTION POSITIVE to technically adapt its Contributions to the graphic charter of the Site(s) concerned and/or to make them compatible with its technical performance or the formats of the media concerned. ACTION POSITIVE may, in this context, exploit the Contributions within the framework of any partnership and/or any official channel and/or dedicated application, by resorting, if necessary, to any tool for sharing the Contributions (such as, for example, the exportable video player Youtube, Dailymotion, etc.).

These rights are granted worldwide and for a period of 5 (five) years from the date on which the Contributions are posted online for free use on the Sites. If, during its use of the Sites, the Client does not agree with the terms of this grant of rights, it will then refrain, for the future, from publishing new Contributions on the Sites. It is specified that the terms of the authorization of rights would continue to apply to all Contributions already published by the Client.


X. PRICE / SUBSCRIPTION

The Services offered to Clients are marketed by means of an annual subscription, with a commitment period of 12 months, from the date of contracting.
The subscription must be paid directly by bank transfer or direct debit, in the form of a single instalment.

The price of the subscription for 12 months is set at [TO COMPLETE] euros.

Access to the Services will only be possible after payment of the instalment. A delay of 1 month or more in the payment of the draft may result in the suspension of the Service immediately.

The Client will receive an invoice in PDF format by email.

The renewal of the annual subscription is neither tacit nor automatic; this means that if there is no written confirmation of the renewal order for the subscription 15 days before the end of the subscription, the service will be suspended the day after the end of the subscription.


XI. WARRANTIES – LIABILITY

The Sites are accessible and made available to Clients "as is" without any guarantee of ACTION POSITIVE as to the accessibility and content available via the said Sites. ACTION POSITIVE does not guarantee that the information available via the Sites is free of errors or inaccuracies.

Similarly, ACTION POSITIVE does not guarantee that the Sites or the server that makes them available are free of viruses or other harmful components. ACTION POSITIVE cannot therefore be held responsible for the inaccuracy of this information. The Client is solely responsible for the use of the Sites and the interpretation of the information consulted on the Sites. ACTION POSITIVE disclaims any liability for any direct or indirect damage that may occur in connection with the use of this data.
ACTION POSITIVE is in no way responsible for the operation of the software downloaded via the Sites and cannot be held liable in the event of any technical problems that have prevented the download of said software. Any material downloaded by the Client via the Sites is at its own risk and ACTION POSITIVE cannot be held responsible for any damage or loss of data stored on its computer. It is therefore the Client's responsibility to take all appropriate measures to protect its own data or software from contamination of its computer/phone by any viruses circulating on the Internet. ACTION POSITIVE wishes to recall the independence existing between its own services and the Partner Services in terms of content, services and presentation. The following are thus covered, without this list being exhaustive:

- Merchant and non-merchant Partner Services

ACTION POSITIVE cannot be held liable in the context of a dispute that may arise between a merchant or non-merchant Partner Service and a Client.

The same applies to a non-compliant use of User data by the Client. Any Use other than that provided for by the Site will engage the sole responsibility of the Client. ACTION POSITIVE cannot be held responsible for non-compliant use.

The publishers of the Merchant and Non-Merchant Partner Services are solely responsible for compliance with all the regulations applying in the context of the services offered to Local Authorities.

The Client guarantees ACTION POSITIVE against all remedies and actions. In general, the Client guarantees ACTION POSITIVE against any claim, claim and/or order for damages to which it may be threatened, in particular by a User or to be the subject, and/or which may be pronounced against it, including reasonable lawyers' fees that may have been incurred, if these are caused, the basis or origin of the violation of these General Terms and Conditions and/or any additional and specific rules or guidelines applicable to the Sites by the Client.


XII. MISCELLANEOUS

For any questions relating to these General Terms and Conditions, the Client is invited to contact: secu-data@linka.eco

These Terms and Conditions are governed by French law. In the event of any dispute or difficulty that may arise between the Client and ACTION POSITIVE, the Client and ACTION POSITIVE undertake to cooperate diligently and in good faith with a view to finding an amicable solution before any legal proceedings, except in cases of urgency justifying recourse to the summary judge.

In the absence of an amicable solution between the Client and ACTION POSITIVE, any dispute relating to these T&Cs will be subject to the jurisdiction of the French courts with territorial jurisdiction.


Last updated: August 19, 2024