GENERAL TERMS OF USE - ACTION POSITIVE
I. INTRODUCTION
ACTION POSITIVE, a 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 URLs: app.actionpositive.fr and 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 the users, natural or legal persons regardless of their qualities and commercial activities, of the Sites (hereinafter "User(s)"). ACTION POSITIVE cannot be held liable to Users or to any third party for any modification or deletion of the Sites.
Definitions
Local Authority Partner: Any local authority likely to purchase the services of ACTION POSITIVE and in particular cities (town halls), departments, regions, (industrial and commercial public services), EPCIs (Public Collaborating Establishments) and any company providing a public service on behalf of the State or any other local authority.
Client: Any organization that may purchase ACTION POSITIVE's services, including 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.
User: Any person who has created an account on one of the ACTION POSITIVE sites/application.
II. SCOPE OF THE GENERAL TERMS AND CONDITIONS OF USE OF THE SITES
II-1. Acceptance of the General Terms and Conditions of Use of the Sites
Any connection to the Sites and use of their content is carried out within the framework of these general terms and conditions of use (hereinafter "General Terms and Conditions of Use") 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 the User browses 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).
Accessing any of the Sites implies application of the rules and conditions defined below as well as acceptance of the General Terms and Conditions of Use and the Data Protection Charter. Any User who does not wish to adhere to these General Terms and Conditions of Use 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 of Use and the Data Protection Charter applicable are those in force each time a User connects to and uses the Sites. The User is informed that access to the content and services of the Sites is financed in whole or in part by the revenues related to the sale of anonymised data to Local Authority Partners or Customers. He therefore accepts that his data will be anonymised and then transmitted to the said Partner Local Authorities. ACTION POSITIVE informs Users that the General Terms and Conditions of Use and the Data Protection Charter may be modified at any time.
These changes are brought to the attention of Users by simply putting them online and are deemed to be accepted without reservation by any User who accesses the Sites after said online publication. Any User who does not adhere to the new version of the General Terms and Conditions of Use 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 of Use 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. Link between T&Cs and Special Terms and Conditions
It is specified that certain services accessible on and/or from the Sites may be subject to their own specific terms and conditions of use and/or sale to which each User must adhere in order to access the said services. In the event of any contradiction between these General Terms and Conditions of Use and the said specific specific conditions, the latter shall prevail.
II.2.B. Partner Services
ACTION POSITIVE also offers Users access via hypertext links placed in the various sections of the Sites to services published by third-party partners (hereinafter referred to as the "Partner Services"). The Sites may also contain clickable advertising elements (banners, buttons, skycrapers, video, etc.) that refer Users to third-party sites and services. The Partner Services as well as the advertising elements and third-party services to which they allow access are offered independently by the partners, advertisers or third-party publishers of its services and this, under their sole responsibility. In general, ACTION POSITIVE cannot be held responsible for the content of the Partner Services accessible via links on the Sites, nor for all offers, information consulted or transactions carried out on these Partner Services, the publishers of the Partner Services being the only ones engaged in a contractual relationship with the User in the context of the provision of these Partner Services.
Consequently, any User accessing the Partner Services via the Sites will be subject to the specific terms and conditions of use and/or sale of the said Partner Services when visiting the Partner's site.
ACTION POSITIVE does not provide any services or guarantees with respect to the Partner Services used by Users and/or with regard to the above-mentioned advertising elements. Consequently, ACTION POSITIVE declines all responsibility towards Users in the event that the Partner Services, content and advertising provided by third parties contravene the legal and regulatory provisions in force. However, ACTION POSITIVE will make its best efforts to transmit, as soon as possible, to the Partner Services and/or the third parties concerned, any questions or complaints from Users relating to these services. In order for ACTION POSITIVE to be able to identify the subject of their request as well as the Partner Service concerned, Users must provide sufficiently precise information, failing which their request cannot be transmitted.
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 users. 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 updates), without prior notice or information to the Users, and without being held liable for the consequences of these interruptions either with regard to the Users or any third party. In addition, ACTION POSITIVE cannot be held liable in the event that Users are unable to access all or part of the Sites due to any technical defect or 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 USER ACCOUNT
IV-1. Registration
The User is informed that access to all the functions of various services and/or Sites may require the creation of a User Account and the validation of a registration form. Minors may only register and create a User Account with the consent of the persons with parental authority.
The use of the User Account by a minor remains the sole responsibility of the person with parental authority. When creating each User Account, the User must choose a personal username and password. When registering, the User is also invited to communicate to ACTION POSITIVE via a registration form, personal information (such as, by way of example: surname, first name, email address, postal code, year of birth) and which will be processed under the conditions defined in point V below.
The User is informed of the mandatory or optional nature of the answers to be provided on this occasion. All Users undertake to communicate all the mandatory information required by the registration form. If the mandatory questions are not answered, the User will not be able to validate the creation of the User Account. The User undertakes to create and use only one User Account for a given ACTION POSITIVE service or one of the Sites, and to communicate only accurate and up-to-date information that does not infringe the rights of third parties (in particular the use in the e-mail address communicated or in the identifier: of the surname, the trademark or intellectual works protected by the intellectual property law of a third party) or contrary to the order public and morality. In the event of a breach by any User of any of its above commitments, 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 User Account. Similarly, any User who creates several User Accounts for a given ACTION POSITIVE service and/or Site or who communicates erroneous identification data may have all of their User Accounts suspended and/or deleted by ACTION POSITIVE.
IV-2. Confirmation of registration
ACTION POSITIVE informs the User of his registration and the creation of the User Account by automatically sending him an email to the email address provided in the registration form. This electronic message includes a hypertext link and/or an activation code allowing the user to definitively validate his registration and the creation of the User Account. ACTION POSITIVE cannot be held liable under any circumstances if the User's registration data does not reach him or arrives partially illegible due to incompatibilities or technical failures attributable in particular to the User's installations (Internet server, hardware, software, etc.).
IV-3. Use of usernames and passwords
The information communicated to ACTION POSITIVE by the User as part of his registration is strictly confidential. Users acknowledge that they are fully responsible for the conservation and confidentiality of their usernames and passwords. Any connection to the Sites via a User Account and/or transmission of data made using a User Account will be presumed to have been made by the holder of the said User Account and under his or her exclusive responsibility. In the event of fraudulent use of their identification data (username and password), all Users undertake to inform ACTION POSITIVE in writing as soon as possible.
IV-4. Login with third-party publisher credentials
The User is informed that access to certain features or services, in particular community services, may only be possible by means of identifiers to third-party services and not by means of a User Account. For example, some community features that rely on interaction with social networking services (such as Facebook or Twitter) may involve logging in with the credentials of those services.
The User wishing to access these ACTION POSITIVE services must therefore create an associated account with one of the third-party services mentioned. The creation of these accounts will be subject to the specific terms of use of each of these third-party publishers and cannot in any way engage the responsibility of ACTION POSITIVE.
V. PERSONAL DATA PROTECTION
ACTION POSITIVE invites the User to consult its 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 the User browses 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 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).
VI. PROTECTION OF MINORS
Persons with parental authority over a minor acknowledge that they are aware of the fact that certain Sites or Partner Services may contain information whose nature or form is not appropriate for consultation and/or use by a minor. They are therefore strongly invited to monitor the minor's use of access to the Internet and to the said Partner Sites or Services, as well as to take all appropriate measures to prevent access by the minor to inappropriate content and information.
VII. COMMUNITY SERVICES
To date, ACTION POSITIVE does not have a community space for exchange.
VIII. SEARCH ENGINE
To date, ACTION POSITIVE does not have an internal search engine.
IX. 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 CURAT, 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 User 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 the exercise of the right of reply be accompanied by the text of the response that the User proposes to make. Within it, the User 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 3 days of receipt of the request in the same place and in the same characters as the message to which the User wishes to reply.
X. INTELLECTUAL PROPERTY RIGHTS
X-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 confers on the User, from the time of accessing the Sites, a private, non-collective and non-exclusive right of use of the content of the said Sites. Consequently, the User 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 authorisation 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 User notices the infringement of an intellectual property right of others on the Sites, he or she may 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.
X-2. Intellectual Property Rights in User Submissions
By uploading Contributions to one of the Sites via the upload tools made available by ACTION POSITIVE, the User grants ACTION POSITIVE, free of charge, from the date of their publication, the right to store, reproduce, and represent the Contributions that they publish 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 User 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, in the course of using the Sites, the User disagrees with the terms of this grant of rights, he or she shall be prohibited from publishing new Contributions in the future. ACTION POSITIVE. It is specified that the terms of the rights authorization would continue to apply to all Contributions already published by the User.
XI. WARRANTIES – LIABILITY
The Sites are accessible and made available to Users "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 User 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 User via the Sites is at his own risk and ACTION POSITIVE cannot be held responsible for any damage or loss of data stored on his computer. It is therefore the responsibility of the User to take all appropriate measures to protect his own data or software from contamination of his 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 User.
The same applies to non-anonymised data that would be transmitted to Local Authority Partners or Clients after the User's consent has been obtained. Under no circumstances may ACTION POSITIVE be held liable for any use by the Local Authority Partner or a Client of the User's data that does not comply with the purpose of the data collection declared to ACTION POSITIVE by the Local Authority Partner or the Client (e.g. improvement of the development of the territory).
The publishers of the Merchant and Non-Merchant Partner Services are solely responsible for compliance with all regulations applying to the services offered to Users, and in particular, laws and regulations relating to: distance selling, consumer protection, false or misleading advertising, prices, product compliance.
The User must comply with the general terms and conditions of use and/or sale of the Merchant and Non-Merchant Partner Services.
The User guarantees ACTION POSITIVE that before posting content and/or uploading Contributions, he/she has ensured that the storage, reproduction and dissemination of the same do not constitute:
- infringement of the intellectual property rights of third parties,
- an attack on people and/or their privacy (compliance with press and privacy legislation),
- a breach of public order and morality.
As such, it acknowledges to ACTION POSITIVE that it holds all the necessary rights and authorizations from the beneficiaries concerned and guarantees ACTION POSITIVE against all recourses and actions in this regard. In general, the User guarantees ACTION AFFIRMATIVE against any demand, claim and/or order for damages to which it may be threatened or subject, and/or which may be pronounced against it, including reasonable lawyers' fees that may have been incurred, provided that these would have as their cause, basis or origin the violation of these General Terms and Conditions of Use and/or any additional rules or guidelines of conduct and specific provisions applicable to the Sites by the User.
XII. MISCELLANEOUS
For any questions relating to these General Terms and Conditions of Use, the User is invited to contact: secu-data@linka.eco
These T&Cs are governed by French law. In the event of a dispute or difficulty that may arise between the User and ACTION POSITIVE, the User 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 User 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