Terms and Conditions
Last Update: May 2018
1.1 Privowny Beta Presentation
Welcome to the Terms & Conditions (“Ts&Cs”) of Privowny Beta. They govern any use of Privowny Beta. Please read them carefully.
Privowny Beta is a Platform developed by Privowny France S.A.S. (“Privowny” or “we” or “us”). The Platform includes a website (beta.privowny.com), a mobile application (Android and iOS -prototype-) and a web extension (available on Chrome or Firefox). Privowny Beta is a suite of data protection and management modules, including a Password Manager, a Tracker Manager, an email Alias@ Manager, a personal Data Manager and a Dashboard (together, the “Service(s)”). For more information, please visit our website: www.privowny.io
Privowny Beta is a beta version of our Platform: we reserve the right to terminate, substantially modify or suspend all or part of the Platform or your use of the Platform at any time, without prior notice and without incurring any liability in respect thereto, in our sole discretion.
Privowny Beta is not intended for end-users direct distribution. Rather, Privowny Beta is designed for Privowny’s business prospects and testers (“Users”, “you”) in order to show what could be the benefits of using the Service for their own final users.
1.2. Acceptation of our Terms & Conditions
By accessing and using the Platform and its Services, you agree to be bound to our Ts&Cs which form a legal agreement between you and Privowny. The Ts&Cs do not create any third-party beneficiary rights. To access and use the Service, you must be at least 18 years of age. You hereby represent that you are of legal age and have the capacity to enter into the Ts&Cs with us.
1.3. Access and Use of Privowny Beta Service
You need a Privowny account in order to use the Services. You are solely liable to keep your account credentials (i.e., email and password) confidential and are responsible in respect to any activity occurring on or through your Privowny account. If you believe that someone else accessed or is using your account – except if it is a friend or a family member using your device with your permission and on your behalf -, please notify us immediately and go to “My account” to log out from all your sessions.
Privowny may send you service notifications, whether such notifications are required by law or for security reasons, or business-related purposes. You agree, as it is a Beta version of our Platform, to accept answering surveys and/or make tests including when these surveys or tests come from a third party of our choosing
1.4. Deletion of Privowny Beta account
If you do not want to use our Service anymore, you can delete your account at any time. By default, all data in your Privowny account will be exported as a PDF file saved on your computer when you delete your account.
If you do not use your Privowny account at all (including connecting to your account, using the Services), we will delete your account and all data contained therein within two (2) years of the last date of inactivity. Privowny shall not incur any liability, on any ground whatsoever, for deleting your inactive account.
We will send you an email after one (1) year of inactivity on your account to warn you about the deletion of your account. We will also send you an email three months before deleting your account in the conditions described above.
1.5.1. Content of your Privowny Beta account
You are solely responsible for the personal data that you upload and store on your account, and for your use of the Service
1.5.2. Prohibited activities
You agree NOT to engage in the following prohibited activities when accessing or using the Platform and its Services :
a) Copying, distributing, or disclosing any part of the Platform 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 Platform 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 or mobile application (except that Privowny grants the operators of public search engines revocable permission to use spiders to copy materials from the Privowny corporate and beta 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 Platform
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 Platform
g) Collecting or harvesting any personally identifiable information, including account names, from the Platform which is not yours
h) Using the Platform for any other purpose than testing the Service
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 Platform
k) Accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform
l) Bypassing the measures we may use to prevent or restrict access to the Platform, including without limitation on use of the Platform 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 Platform and its Services. Under no circumstances shall Privowny be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the Platform and its Services 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 Platform,
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 Platform and its Services,
e) Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Platform and its Services 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 Platform, and/or
g) User content or the defamatory, offensive, or illegal conduct of any third party
This 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 Platform and its Services, your violation of these Ts&Cs or the posting or transmission of any materials on or through our Platform 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 Platform, including, without limitation, all content, functions, and materials is provided “as is”, without warranty of any kind, either expressed 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 Platform 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 User’s expectations or requirements.
No advice, results or information, or materials whether oral or written, obtained by you through the Platform shall create any warranty not expressly made herein. If you are dissatisfied with the Service, please stop using it and delete your account.
1.7. Intellectual Property Rights
For the purposes of these Ts&Cs, “Intellectual Property Rights” means all industrial design rights, patent rights, copyright rights, trade and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, all applications and registrations, renewals and extension thereof, under the laws of any state, country, territory or other jurisdiction.
Except for any data you may have stored in your account, the Platform, its Services 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, and all Intellectual Property Rights related thereto (“Privowny Content”) belong to Privowny and/or their rightful owners. 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, including Privowny Content, accessible on the Platform. Use the Privowny Content or materials or the Platform for any purpose not expressly permitted by these Ts&Cs is strictly prohibited and may result in legal proceedings against you.
When a Platform requires or includes software, depending on your choices, this software may update automatically on your device (desktop or mobile device) once a new version or feature is available. Please check your device configurations to learn more about how you may parameter your update settings.
Privowny grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Privowny as part of the Platforms. This license is for the sole purpose of enabling you to use the Platforms as provided by Privowny and in strict compliance with the Ts&Cs. You shall not copy, modify, distribute, sell, or lease any part of software included or forming part of our Platforms. You shall not reverse engineer or attempt to extract the source code of any software included or forming part of our Platforms, without Privowny’s express prior written permission.
1.8. Governing law; Jurisdiction
FRENCH LAW APPLIES TO THE PLATFORM AND ITS SERVICES.
These Ts&Cs are governed, construed, and enforced in accordance with the laws of France, without regard to its conflict of laws rules.
Any claim or dispute arising out of or in connection with these Ts&Cs shall be litigated exclusively before the courts in Aix-en-Provence, France.
Some areas of the Platform may allow Users to post feedbacks, comments, questions, reviews, and other information (“Content”). You understand and agree that you are solely responsible for the Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Platform and its Services, 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 on the Platform 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 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 User or third-party posts on the Platform. 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, without limitation. Privowny shall not be 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 Platform, 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.
You may not assign your rights or delegate your duties under the Ts&Cs, either in whole or in part. the Privowny’s prior written consent. Any attempted assignment without consent will be void. Privowny may assign or otherwise delegate its duties and rights under the Ts&Cs to any other party, including any Privowny affiliated entity, or as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. The Agreement will bind and inure to the benefit of each party’s successors or assigns
1.11 Entire Agreement; Ts&Cs updates
These Ts&Cs, together with any other legal notices, policies and agreements published by Privowny via the Platform, shall constitute the entire agreement between you and Privowny concerning the Platform.
If any provision of these Ts&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 Ts&Cs, which shall remain in full force and effect.
These Ts&Cs constitute the entire agreement between you and Privowny regarding the Platform and supersede any prior agreements.
In order to reflect changes in our Platforms (e.g., add or remove features or functionalities) or comply with our legal obligations, we may update our Ts&Cs. If the modification is substantial, we will notify you by email or display a notice on you account of the Services. You are free to stop your use of the Services at any time. To continue using our Service after this update, you will have to agree to the new version of these Ts&Cs, which will be binding
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.