Terms and Conditions
Last Update: April 2018
1.1 Privowny Beta Presentation
Welcome to the Terms & Conditions (“T&Cs”) of Privowny Beta. Please read them carefully.
Privowny Beta is a product developed by Privowny (“Privowny” or “we” or “us”). It includes a website (beta.privowny.com), a mobile application (Android and iOS) and a web extension (Google Chrome and Mozilla Firefox). Privowny Beta is a set of data protection and management modules, including a Password Manager, a Tracker Manager, an Email alias Manager, a personal Data Manager and an Insights Dashboard. This set of data and its usage is named “Service” in these T&Cs. For more information, please visit our website: www.privowny.io.
Privowny Beta is a test version of our product: we reserve the right to terminate or suspend the Service or your use of the Service at any time without notice and without liability in our sole discretion.
Privowny Beta is designed for Privowny’s prospects (“Prospect”, “you”) in order to show what could be the benefits of using this Service for their final users.
1.2. Acceptation of our Terms & Conditions
By using our Service, you accept to be bound to our Terms & Conditions. To use our Service, you must be at least 18 years of age. Upon termination, you continue to be bound by these T&Cs.
If you disagree with our T&Cs, and in particular the fact that Privowny Beta is hosted in the European Union by OVH, please do not create your account on our application and/or extension. If you are a citizen from a country where using a service with a platform hosted in the European Union only and/or by a French company is illegal, please do not use our Service. If you are resident from a country where using a service with a platform hosted in the European Union only and/or by a French company is illegal, please do not use our Service.
When necessary, we will update our T&Cs. If the modification is substantial (for example, but not limited to: new legal requirements), you will be alerted by email. If you continue to use our Service after this update, you will be bound by the new version of these T&Cs.
FRENCH LAW APPLIES TO BETA.PRIVOWNY.COM, ITS EXTENSION, ITS MOBILE APPLICATION AND THE SERVICE PROVIDED BY PRIVOWNY.
1.3. Use of Privowny Beta Service
Privowny may provide notifications to you via email notice, whether such notifications are required by law or are for security, or business-related purposes, or to get your opinion about the Service.
1.4. Deletion of Privowny Beta account
If you do not want to use our Service anymore, you can delete your account. By default, all data that is on your Privowny account will be exported in a PDF file when you delete your account (only on your computer).
If you do not use your Privowny account at all, we will delete inactive accounts 2 years after the last date of inactivity. An email will be sent after 1 year of inactivity to warn you about the possibility of your account deletion.
1.5.1. Content of your Privowny Beta account
You are solely responsible for the personal data that is collected, and for your use of the Service.
1.5.2. Prohibited activities
You agree NOT to engage in the following prohibited activities :
a) Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”
b) Using any automated system, including without limitation robots, spiders, offline readers, etc, to access the Service in a manner that sends more request messages to the Privowny servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Privowny grants the operators of public search engines revocable permission to use spiders to copy materials from the Privowny corporate website(s) for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials)
c) Transmitting spam, chain letters, or other unsolicited email
d) Attempting to interfere with, compromise the system integrity or security or decipher any transmission to or from the servers running the Service
e) Taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure
f) Uploading viruses, worms, or other software agents through the Service
g) Collecting or harvesting any personally identifiable information, including account names, from the Service
h) Using the Service for any other purpose than testing the Service to see if end users could be interested in relation to the Prospect’s company activity
i) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity or conducting fraud
j) Interfering with the proper work of the Service
k) Accessing any content on the Service through any technology or means other than those provided or authorized by the Service
l) Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation on use of the Service or the content therein.
1.5.3. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Privowny, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use or, or inability to use, this Service. Under no circumstances will Privowny be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Privowny assumes no liability or responsibility for any:
a) Errors, mistakes, or inaccuracies of content
b) Personal injury or property damage, or any nature whatsoever, resulting from your access to or use of our Service
c) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein
d) Any interruption or cessation of transmission to or from the Service
e) Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Service by any third party
f) Any errors or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service, and/or
g) Prospect content or the defamatory, offensive, or illegal conduct of any third party
In no event shall Privowny, its affiliates, directors, employees or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in any amount exceeding the amount you paid to Privowny hereunder.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Privowny has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to defend, indemnify, and hold Privowny, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, in any way arising from, related to or in connection with your use of the Service, your violation of these T&Cs or the posting or transmission of any materials on or through our Service by you, including, by not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
1.6. Warranty Disclaimer
The Service, including, without limitation, all content, function, and materials is provided “as is”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
Privowny does not warrant that the Service or the content will be timely, secure, uninterrupted or error free, or that defects will be corrected.
Privowny makes no warranty that the Service will meet the Prospect’s expectations or requirements.
No advice, results or information, or materials whether oral or written, obtained by you through the Service shall create any warranty not expressly made herein. If you are dissatisfied with the Service, your sole remedy is to delete your account.
1.7. Intellectual Property Rights
For the purposes of these T&Cs, “Intellectual Property Rights” means all industrial design rights, patent rights, copyright rights, trademark, and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extension thereof, under the laws of any state, country, territory or other jurisdiction.
Except for you own data in your account, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (“Privowny Content”), and all Intellectual Property Rights related thereto, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use the Privowny Content or materials on the Service for any purpose not expressly permitted by these T&Cs is strictly prohibited.
1.8. Governing law
These T&Cs shall be governed, construed, and enforced in accordance with the laws of France, without regard to its conflict of laws rules.
Any claim or dispute between you and Privowny that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Aix-en-Provence, France.
Some areas of the Service may allow Prospects to post feedback, comments, questions, reviews, and other information (“Content”). You are solely responsible for the Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for the online distribution and publication of your Content. You understand that whether or not such Content is published, Privowny does not guarantee any confidentiality with respect to any Content.
You agree not to post Content that:
a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
b) may create a risk of any other loss or damage to any person or property;
c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
d) may constitute or contribute to a crime or tort;
e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
h) contains any information or content that you know is not correct and current.
You agree that any Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined 1.7), rights of publicity and privacy.
Privowny reserves the right, but is not obligated, to reject and/or remove any Content that Privowny believes, in its sole discretion, violates these provisions.
Privowny takes no responsibility and assumes no liability for any Content that you or any other Prospect or third party posts on the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that you post is solely your responsibility. Privowny is not responsible for any public display or misuse of your Content. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Privowny shall not be liable for any damages you allege to incur as a result of such Content.
You retain all your ownership rights in your Content. By posting any Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Privowny a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Privowny’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
1.10. Entire Agreement
These T&Cs, together with any other legal notices, policies and agreements published by Privowny via the Service, shall constitute the entire agreement between you and Privowny concerning the Service.
If any provision of these T&Cs is deemed invalid by a court of competent jurisdiction, the invalidity or such provision shall not affect the validity of the remaining provisions of these T&Cs, which shall remain in full force and effect.
These T&Cs constitute the entire agreement between you and Privowny regarding the Service and supersede any prior agreements.