RESPECT DE LA VIE PRIVÉE & RGPD

PRÉAMBULE JURIDIQUE

THIS PRIVACY POLICY EXHAUSTIVELY AND EXCLUSIVELY DEFINES THE TERMS AND CONDITIONS FOR PROCESSING PERSONAL DATA IN CONNECTION WITH THE USE OF THE COMMERCIFY BETA EXPERIMENTAL PLATFORM, A PERSONAL RESEARCH AND DEVELOPMENT PROJECT CONDUCTED BY Stéphane Delamorte AS AN INDIVIDUAL RESEARCHER ON THE DREAMPROJECTAI PROJECT.

THIS POLICY CONSTITUTES A UNILATERAL ACT BY THE ADMINISTRATOR DEFINING THE NON-NEGOTIABLE CONDITIONS OF ACCESS TO A FREE EXPERIMENTAL SERVICE MADE AVAILABLE WITHOUT ANY CONSIDERATION OR COMMERCIAL OBLIGATION.

ARTICLE 1 - STATUT JURIDIQUE ET NATURE DU SERVICE

1.1 LEGAL STATUS OF THE SERVICE

THE COMMERCIFY BETA PLATFORM IS EXCLUSIVELY AN EXPERIMENTAL RESEARCH AND DEVELOPMENT SERVICE MADE AVAILABLE FREE OF CHARGE TO VOLUNTEER TEST USERS. THIS SERVICE IS IN NO WAY COMMERCIAL, PROFESSIONAL OR LUCRATIVE.

THE ADMINISTRATOR ACTS AS A TECHNICAL HOST WITHIN THE MEANING OF ARTICLE 6 OF THE FRENCH LAW ON CONFIDENCE IN THE DIGITAL ECONOMY, WITHOUT EXERCISING ANY PRIOR CONTROL OVER THE CONTENT PUBLISHED BY TEST USERS.

1.2 ABSENCE OF A CONTRACTUAL COMMERCIAL RELATIONSHIP

NO COMMERCIAL, CONTRACTUAL OR PAID SERVICE RELATIONSHIP EXISTS BETWEEN THE ADMINISTRATOR AND TEST USERS. ACCESS TO THE EXPERIMENTAL PLATFORM CONSTITUTES A SIMPLE TOLERANCE THAT MAY BE REVOKED AT ANY TIME AND WITHOUT REASON.

1.3 ABSOLUTE EXPERIMENTAL NATURE

THE PLATFORM REMAINS IN A PERMANENT EXPERIMENTAL PHASE OF CONCEPTUAL VALIDATION. NO OBLIGATION OF RESULT, PERFORMANCE OR CONTINUITY OF SERVICE CAN BE REQUIRED OF THE ADMINISTRATOR.

ARTICLE 2 - TRAITEMENT DES DONNÉES ET FINALITÉS EXPÉRIMENTALES

2.1 DATA COLLECTED WITHIN THE EXPERIMENTAL FRAMEWORK

• MINIMUM IDENTIFICATION DATA :
  • PSEUDONYM OR IDENTIFIER CHOSEN BY THE USER
  • CONTACT E-MAIL ADDRESS
  • DECLARED COUNTRY OF RESIDENCE
  • LANGUAGE PREFERENCES
• AUTOMATIC TECHNICAL DATA :
  • LOGIN AND NAVIGATION INFORMATION
  • PLATFORM OPERATING DATA
  • ANONYMIZED USAGE STATISTICS
  • TECHNICAL SAFETY FEATURES

2.2 STRICTLY LIMITED PURPOSES

• TECHNICAL VALIDATION OF THE HYPERPROFILE CONCEPT
• RESEARCH AND DEVELOPMENT ON DECOMPARTMENTALIZING PLATFORMS
• TECHNICAL OPERATION OF THE EXPERIMENTAL PLATFORM
• COMPLIANCE WITH LEGAL OBLIGATIONS TO RETAIN CONNECTION DATA
• SECURITY AND PROTECTION AGAINST MALICIOUS USE

2.3 CONTENT PUBLISHED BY TEST USERS

PUBLISHED CONTENT REMAINS THE SOLE RESPONSIBILITY OF ITS AUTHORS. THE ADMINISTRATOR EXERCISES NO PRIOR EDITORIAL CONTROL AND ACTS STRICTLY AS A TECHNICAL HOST.

ARTICLE 3 - BASES JURIDIQUES ET CONSENTEMENT EXPÉRIMENTAL

3.1 LEGAL BASIS FOR PROCESSING

• OVERRIDING LEGITIMATE INTEREST: CONDUCTING EXPERIMENTAL RESEARCH IN THE INTERESTS OF TECHNOLOGICAL INNOVATION AND THE IMPROVEMENT OF DIGITAL SERVICES.
• FREE AND INFORMED CONSENT: VOLUNTARY PARTICIPATION IN AN EXPERIMENTAL PROJECT WITH EXPRESS ACCEPTANCE OF THE SPECIFIC CONDITIONS.
• LEGAL OBLIGATIONS: COMPLIANCE WITH PROVISIONS RELATING TO CONNECTION DATA AND HOST OBLIGATIONS.

3.2 CONSENT TO EXPERIMENTAL PARTICIPATION

USE OF THE PLATFORM IMPLIES EXPRESS CONSENT TO TAKE PART IN A TECHNOLOGICAL EXPERIMENT INVOLVING THE RISKS INHERENT IN ANY RESEARCH AND DEVELOPMENT PROJECT. THIS CONSENT MAY BE WITHDRAWN AT ANY TIME FOR THE FUTURE, WITHOUT RETROACTIVE EFFECT, IN ACCORDANCE WITH THE CONDITIONS SPECIFIED IN THE SUPPORT AREA.

ARTICLE 4 - CONSERVATION, SÉCURITÉ ET PROTECTION

4.1 SHELF LIFE

• IDENTIFICATION DATA: DURATION OF EXPERIMENTAL PARTICIPATION PLUS THREE YEARS
• CONNECTION DATA: TWELVE MONTHS IN ACCORDANCE WITH LEGAL REQUIREMENTS
• USER CONTENT: CONSERVATION ACCORDING TO THE NEEDS OF EXPERIMENTAL RESEARCH
• ADDITIONAL DOCUMENTS: DURATION STRICTLY NECESSARY FOR SECURITY PURPOSES

4.2 APPROPRIATE SAFETY MEASURES

THE ADMINISTRATOR IMPLEMENTS APPROPRIATE TECHNICAL AND ORGANIZATIONAL SECURITY MEASURES IN LINE WITH THE STATE OF THE ART APPLICABLE TO AN EXPERIMENTAL PROJECT OF THIS NATURE, INCLUDING ENCRYPTION OF SENSITIVE DATA AND SECURE ACCESS.

4.3 TECHNICAL OUTSOURCING

THE USE OF HOSTING AND TECHNICAL SERVICE PROVIDERS IS CARRIED OUT BY ENTITIES COMPLYING WITH EUROPEAN DATA PROTECTION STANDARDS AND SUBJECT TO STRICT CONTRACTUAL OBLIGATIONS.

ARTICLE 5 - DROITS DES PERSONNES ET MODALITÉS D'EXERCICE

5.1 RECOGNIZED RIGHTS

TEST USERS BENEFIT FROM THE RIGHTS PROVIDED FOR BY THE RGPD, ADAPTED TO THE EXPERIMENTAL CONTEXT, IN PARTICULAR THE RIGHTS OF ACCESS, RECTIFICATION, DELETION, LIMITATION AND OPPOSITION.

5.2 EXERCISE PROCEDURE

LES DEMANDES D'EXERCICE DES DROITS S'EFFECTUENT EXCLUSIVEMENT VIA L'INTERFACE DÉDIÉE ACCESSIBLE SURwww.client.commercify.online, ACCOMPANIED BY THE REQUIRED PROOF OF IDENTITY.

5.3 RESPONSE TIMES AND PROCEDURES

THE ADMINISTRATOR RESPONDS TO REQUESTS WITHIN THE LEGAL DEADLINE OF ONE MONTH, WHICH MAY BE EXTENDED DEPENDING ON THE CIRCUMSTANCES. REQUESTS THAT ARE MANIFESTLY ABUSIVE OR REPETITIVE MAY BE REFUSED WITH REASONS.

5.4 EXPERIMENTAL LIMITATIONS

THE EXERCISE OF CERTAIN RIGHTS MAY BE LIMITED BY THE TECHNICAL CONSTRAINTS OF THE EXPERIMENTAL PLATFORM OR THE NEEDS OF THE RESEARCH, IN STRICT COMPLIANCE WITH APPLICABLE LEGAL PROVISIONS.

ARTICLE 6 - ACCÈS AUX DONNÉES ET MODÉRATION

6.1 PRINCIPLE OF NON-INTERVENTION

THE ADMINISTRATOR DOES NOT ACCESS USERS' PRIVATE DATA IN THE NORMAL OPERATION OF THE PLATFORM, AND DOES NOT SYSTEMATICALLY MONITOR CONTENT.

6.2 EXCEPTIONAL, STRICTLY SUPERVISED INTERVENTIONS

ACCESS TO DATA IS ONLY POSSIBLE IN THE FOLLOWING CASES:

• REPORTING ILLICIT OR INAPPROPRIATE CONTENT
• TECHNICAL MAINTENANCE OR SAFETY REQUIREMENTS
• LEGAL OBLIGATIONS OR COURT ORDERS
• PREVENTING MALICIOUS USE OF THE PLATFORM

6.3 PROCEDURAL GUARANTEES

ANY INTERVENTION RESPECTS THE PRINCIPLES OF PROPORTIONALITY, NECESSITY AND PURPOSE. ACCESS IS GRANTED FOR THE TIME STRICTLY REQUIRED TO ACHIEVE THE OBJECTIVE PURSUED.

ARTICLE 7 - COOKIES ET TECHNOLOGIES DE TRAÇAGE

7.1 USE OF COOKIES

THE PLATFORM USES TECHNICAL COOKIES NECESSARY FOR OPERATION, PREFERENCE COOKIES FOR HYPERPROFILE PERSONALIZATION AND ANALYSIS COOKIES TO IMPROVE THE EXPERIMENTAL SERVICE.

7.2 MANAGEMENT AND OPPOSITION

USERS CAN CONFIGURE THEIR PREFERENCES VIA THEIR BROWSER SETTINGS. DEACTIVATING CERTAIN COOKIES MAY AFFECT THE OPERATION OF THE EXPERIMENTAL PLATFORM.

ARTICLE 8 - PARTAGE ET TRANSMISSION DES DONNÉES

8.1 PROHIBITION PRINCIPLE

PERSONAL DATA WILL NOT BE PASSED ON, SOLD OR TRANSFERRED TO THIRD PARTIES, EXCEPT IN CASES STRICTLY PROVIDED FOR BY LAW OR BY THIS POLICY.

8.2 AUTHORIZED TECHNICAL SERVICE PROVIDERS

CERTAIN DATA MAY BE PROCESSED BY HOSTING AND TECHNICAL SERVICE PROVIDERS ACTING EXCLUSIVELY ON BEHALF OF THE ADMINISTRATOR UNDER A SUBCONTRACTING AGREEMENT THAT COMPLIES WITH THE RGPD.

8.3 TRANSFER IN THE EVENT OF PROJECT EVOLUTION

IN THE EVENT OF FUTURE TRANSMISSION OF EXPERIMENTAL RESEARCH RESULTS, PERSONAL DATA MAY BE TRANSFERRED SUBJECT TO THE MAINTENANCE OF EQUIVALENT GUARANTEES AND PRIOR INFORMATION OF THE PERSONS CONCERNED.

ARTICLE 9 - EXONÉRATION INTÉGRALE DE RESPONSABILITÉ

INDEPENDENTLY OF THE RIGHTS TO PERSONAL DATA PROTECTION GUARANTEED BY THE RGPD, USE OF THE COMMERCIFY BETA EXPERIMENTAL PLATFORM IS SUBJECT TO FULL ACCEPTANCE OF THE LIMITATIONS OF LIABILITY AND WAIVERS OF RECOURSE DESCRIBED BELOW.

9.1 LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, THE ADMINISTRATOR'S LIABILITY IS LIMITED SOLELY TO DIRECT AND PROVEN DAMAGES RESULTING EXCLUSIVELY FROM AN ESTABLISHED BREACH OF ITS LEGAL OBLIGATIONS NOT SUBJECT TO EXCLUSION. ALL INDIRECT, CONSEQUENTIAL, LOSS OF CHANCE, PROFIT OR DATA DAMAGES ARE EXCLUDED.

9.2 HOST STATUS AND LACK OF EDITORIAL CONTROL

ACTING AS A TECHNICAL HOST, THE ADMINISTRATOR CANNOT BE HELD RESPONSIBLE FOR CONTENT PUBLISHED BY TEST USERS, OVER WHICH HE EXERCISES NO PRIOR CONTROL OR SYSTEMATIC MONITORING.

9.3 THE EXPERIMENTAL NATURE AND HAZARDS OF RESEARCH

PARTICIPATION IN THIS EXPERIMENT IMPLIES FULL AND UNRESERVED ACCEPTANCE OF THE RISKS INHERENT IN A PROJECT UNDER DEVELOPMENT. THE USER ACKNOWLEDGES AND ACCEPTS THAT THE ADMINISTRATOR CANNOT BE HELD LIABLE FOR PROJECT FAILURE, DATA LOSS (PARTIAL OR TOTAL), SECURITY INCIDENTS (SUCH AS SERVER HACKING OR DATA THEFT), OR ANY INTERRUPTION OF SERVICE. NO GUARANTEE OF SECURITY, CONTINUITY OR OPERATION CAN BE MADE FOR THE PLATFORM AND ALL SERVICES ASSOCIATED WITH THE EXPERIMENT.

9.4 FREE SERVICE AND NO OBLIGATION

AS THE SERVICE IS PROVIDED FREE OF CHARGE AND WITHOUT CONSIDERATION, THE ADMINISTRATOR IS UNDER NO OBLIGATION OF MEANS OR RESULT.

ARTICLE 10 - EXCLUSION DE RECOURS ET RENONCIATION

10.1 EXPRESS WAIVER OF RECOURSE

TESTERS EXPRESSLY AND IRREVOCABLY WAIVE ANY RECOURSE, LIABILITY ACTION, CLAIM FOR DAMAGES OR CLAIM OF ANY NATURE WHATSOEVER AGAINST THE ADMINISTRATOR.

10.2 FULL RISK COVERAGE

BY ACCESSING THE PLATFORM, THE TEST USER ACKNOWLEDGES AND EXPRESSLY ACCEPTS THAT HE/SHE ASSUMES ALL AND EXCLUSIVE RISKS INHERENT IN ITS USE. THIS COVERS, WITHOUT LIMITATION, THE REGISTRATION PROCESS, THE PUBLICATION OF ANY CONTENT, INTERACTIONS WITH OTHER USERS, AND ANY ACTION CARRIED OUT ON THE PLATFORM. HE/SHE THEREFORE WAIVES THE RIGHT TO SEEK THE ADMINISTRATOR'S LIABILITY FOR ANY PREJUDICE WHATSOEVER.

10.3 DIRECTOR'S INDEMNITY

TESTERS AGREE TO INDEMNIFY AND HOLD HARMLESS THE ADMINISTRATOR AGAINST ANY CLAIMS, ACTIONS OR DEMANDS BY THIRD PARTIES ARISING FROM THEIR USE OF THE PLATFORM OR THEIR PUBLISHED CONTENT.

ARTICLE 11 - ÉVOLUTION ET MODIFICATIONS

11.1 RIGHT TO UNILATERAL MODIFICATION

THE ADMINISTRATOR HAS THE ABSOLUTE RIGHT TO MODIFY THIS POLICY AT ANY TIME, WITHOUT NOTICE OR JUSTIFICATION. MODIFICATIONS APPLY IMMEDIATELY UPON PUBLICATION.

11.2 USER INFORMATION

SUBSTANTIAL MODIFICATIONS ARE BROUGHT TO THE ATTENTION OF USERS BY PUBLICATION ON THE PLATFORM. CONTINUED USE IMPLIES ACCEPTANCE OF THE NEW PROVISIONS.

11.3 TERMINATION OPTION

THE ADMINISTRATOR MAY SUSPEND, MODIFY OR PERMANENTLY DISCONTINUE THE EXPERIMENTAL PLATFORM AT ANY TIME WITHOUT NOTICE OR COMPENSATION.

ARTICLE 12 - CONTACT ET RÉCLAMATIONS

12.1 SINGLE POINT OF CONTACT

ALL COMMUNICATION RELATING TO PERSONAL DATA IS CARRIED OUT EXCLUSIVELY VIA www.client.commercify.online ACCORDING TO THE TECHNICAL MODALITIES AVAILABLE.

12.2 NO DATA PROTECTION OFFICER

GIVEN THE EXPERIMENTAL AND NON-COMMERCIAL NATURE OF THE PROJECT, NO DATA PROTECTION OFFICER HAS BEEN APPOINTED.

12.3 RIGHT OF COMPLAINT TO THE SUPERVISORY AUTHORITY

USERS RETAIN THE RIGHT TO APPEAL TO THE FRENCH DATA PROTECTION AUTHORITY (COMMISSION NATIONALE DE L'INFORMATIQUE ET DES LIBERTÉS) IN THE EVENT OF AN ALLEGED BREACH OF DATA PROTECTION OBLIGATIONS.

ARTICLE 13 - DROIT APPLICABLE ET JURIDICTION

13.1 EXCLUSIVE FRENCH LAW

THIS POLICY IS GOVERNED EXCLUSIVELY BY FRENCH LAW. ANY QUESTION OF INTERPRETATION OR APPLICATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS.

13.2 EXCLUSIVE JURISDICTION

ANY DISPUTE WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE ADMINISTRATOR'S PLACE OF RESIDENCE, TO THE EXCLUSION OF ANY OTHER JURISDICTION.

13.3 PRIMACY OF THE FRENCH VERSION

THIS POLICY IS GOVERNED BY THE ORIGINAL FRENCH VERSION. ANY TRANSLATION IS FOR INFORMATION PURPOSES ONLY AND HAS NO LEGAL EFFECT.

ARTICLE 14 - DISPOSITIONS FINALES

14.1 AUTONOMOUS NATURE OF CLAUSES

IF ANY PROVISION OF THIS POLICY IS HELD TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

14.2 FULL AGREEMENT

THIS POLICY CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE ADMINISTRATOR AND USERS CONCERNING THE PROCESSING OF PERSONAL DATA AND REPLACES ANY PREVIOUS AGREEMENT.

14.3 NO ACQUIRED RIGHTS

NO ACQUIRED RIGHTS CAN BE CLAIMED BY TEST USERS AS A RESULT OF THEIR PARTICIPATION IN THIS TECHNOLOGICAL EXPERIMENT.