LEGAL NOTICES AND GENERAL CONDITIONS OF USE Last update: September 2021 Please read carefully the present General Terms of Use (hereafter, the "GTU"). ARTICLE 1 - LEGAL NOTICE The website accessible from the address https://digital-africa.wiin.io/fr/ (hereinafter the "Site") is published by Digital Africa, a company registered with the RCS of Nanterre under the SIRET number 85109478900019 and whose head office is located at 11, boulevard du Sud Est, 92000 Nanterre, reachable at the following e-mail address: mongagna@digital-africa.co. The Director of Publication is Murphy Ongagna. The host of the Site is: Amazon Web Services EMEA (AWS), located at 38 Avenue John Fitzgerald Kennedy 93270 Sevran, France.
ARTICLE 2 - SCOPE AND PURPOSE The purpose of the GCU is to define the terms and conditions of use of the Site by the users of the Site, i.e. the respondents, the juries and the organizers (hereinafter, indifferently, the "Users"). The Site is managed by the Organizer who has subscribed to an offer proposed by the company DAVESE SAS, a company with a share capital of €18,000, registered in the Paris Trade and Companies Register under the number 825 055 528, whose registered office is located at 4 rue Jean Macé, 75011 Paris France. By using the Site, any User certifies that he/she has read and understood the TOS and accepts them, without reservation and in their entirety. Any person who does not wish to accept the present GTU must consequently abstain from using the Site. Users warrant that they are legally entitled to communicate information online. If you are under the age of majority, you warrant that you have obtained the consent of your guardian and that your guardian agrees to be bound by these TOU on your behalf. The TOS are subject to change and the Organizer reserves the right to modify and update them at any time. The GTUs in force are those accessible on the Site under the heading "GTUs" at each connection and navigation of a User on the Site. Each new version of the GCU comes into force as of the date it is posted on the Site. The User must therefore check the Site regularly to remain informed of any changes or updates to the GTU.
ARTICLE 3 - OPERATION OF THE ORGANIZER'S SITE The Site allows the Organizer to configure information collection processes (hereinafter, the "Process") from Users. These Processes are likely to include the following steps: a request to create an account; one or more online forms; one or more steps to collect documents of any nature and size; one or more steps of confirmation of sending information to the Organizer; documents of any kind, made available by the Organizer and downloadable by the User; one or more online payment steps; one or more information steps in any form (text, image, video, audio, etc.); one or more steps for sending emails to the User; sharing and displaying the collected information to the public; one or more steps to analyze the collected information; and generally one or more steps allowing to inform, collect, request, receive, display, share information of any kind as long as they do not violate these TOU and as long as they correspond to the offer subscribed by the Organizer. The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure, computer breakdowns, maintenance and/or updating operations, or problems related to telecommunications networks. To access and respond to the Process on the Site, the User must create a personal account by providing the following information Name First name Email Password
Once the User's personal account has been created, he/she will be able to access the entire Process configured by the Organizer. When the User logs in for the first time, he/she will receive a confirmation e-mail in his/her e-mail box. After validation of this email, the User's account will be activated and the User will be able to access the Processes. Users must ensure that they have correctly filled in their email address and must check their so-called "undesirable or spam" emails. In the event that an email is received as "junk or spam", the User must configure his or her email box and make every effort to ensure that emails sent by the Organizer are delivered. An email sent from the Site may take up to fifteen (15) minutes to arrive in the User's inbox. The User's password is strictly personal and must not be shared with any third party. In general, the User must personally ensure that his information is kept confidential and that he does not divulge or communicate it. In the event of a breach in the security of his personal information, the User must immediately contact the Organizer who will provide him with new identifiers. In case of loss of access, the User may request a "forgotten password" by entering his email address in the login step. In case of deactivated account, blocked access or deleted account, the User must contact the Organizer in order to clarify the situation and find a solution. Access to the Site is free of charge, however, once the User's account has been created and depending on the Process designed by the Organizer, the Organizer may request one or more payment steps in its Information Collection Process. In this case, User may be required to provide certain payment information, including credit card number, credit card expiration date and billing address. In this case, the User warrants that he/she has the legal capacity to make such payment in the manner required and that the information provided is correct and complete. This payment information may be transmitted to third parties by the Organizer in order to facilitate the completion of purchases. The Organizer reserves the right to refuse or cancel payment at any time for any reason, without having to justify itself. When a User responds to a Process, after the creation of his/her account and after he/she has started to fill in information online, a unique number will be assigned to the User. This unique response number will be communicated to the User who must keep it. This unique number may allow the User to confirm that he/she is the originator of information collected in a Process. The Organizer also has the unique response number(s) of each User. In addition, User shall not participate in any activity, post content, enter information, or register or use a URL for the purpose of establishing content that represents or includes any material that: is offensive, abusive, defamatory, pornographic, threatening or obscene ; is unlawful, or intended to promote or commit an unlawful act of any kind, including but not limited to a violation of intellectual property rights, privacy rights, the property rights of the Organizer or the property rights of any other User, or any third party; includes its password or intentionally includes the password of any other User, or intentionally includes the personal data of any third party; imitates or misrepresents its affiliation with another User, Organizer, person or entity, or is fraudulent, false, misleading or deceptive; is likely to cause harm to him or her, such as passwords to other services, banking information in an unsecured environment, health-related information, and any sensitive personal information; violates or conflicts with the Organizer's rules or the GTU.
The User also declares that the content deposited or filled in on the Site, or its poster : is owned by the User or has the right to use it for such purposes ; does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person; will not cause the Organizer to violate any law, regulation, rule, code or other legal obligation; will not be or could not reasonably be considered obscene, inappropriate, defamatory, libelous, indecent, seditious, offensive, pornographic, threatening, abusive, likely to incite racial hatred, discriminatory, profane, in violation of trust or in violation of privacy; will not be unsolicited, undisclosed or unauthorized advertising; does not contain computer viruses or any other computer code, files or programs designed to interrupt, destroy or destroy data or information.
ARTICLE 4 - INTELLECTUAL PROPERTY The Site and its contents such as, but not limited to, texts, images, videos, layout, graphics, structure, the Organizer's trademarks, icons and associated logos, are protected by intellectual property rights and titles, registered or not, over which the Organizer holds exclusive rights. These elements are protected under applicable copyright, trademark, and other intellectual property and/or unfair competition laws. Any use in any capacity whatsoever and in any form whatsoever of these elements protected by titles and intellectual property rights, whether registered or not, without the prior authorization of the owner, may constitute an infringement of the rights of the owner and more particularly acts of counterfeiting and/or unfair competition and/or parasite competition.
ARTICLE 5 - PERSONAL DATA PROTECTION POLICY The Organizer implements a policy allowing it to collect and process certain personal data of its Users (the "Personal Data"), in compliance with their rights and the regulations in force in France, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the "RGPD") as well as any other legal or regulatory provisions taken in application of the RGPD (together, the "Regulations"). This policy applies to all Users of the Site and to all uses made of their Personal Data. It obeys the principles described below, of which the Users are informed, and by accepting the present GTU, legitimize the processing of their Personal Data. ARTICLE 5.1 - Nature of the Personal Data collected The Organizer undertakes to collect only the Personal Data strictly necessary and relevant to the purposes for which they are processed, in a lawful manner, in accordance with the Regulations. The mandatory Personal Data are indicated on the collection forms specific to each Process such as names, first names, dates of birth, home addresses, email addresses, etc. The Organizer does not collect or process any "sensitive" Personal Data as defined by the RGPD. ARTICLE 5.2 - Person in charge of the processing of the collected Personal Data The Personal Data of the Users are processed by the Organizer as the Person in charge of the processing of the Personal Data in the sense of the Regulation, in order to manage their participation in the Processes. He can be contacted by email at the following address: contact@digital-africa.co or by post at the following address: 9 rue d'Alexandrie, 75002 The Data Controller is responsible for determining the purposes and means of processing Personal Data. The Data Controller undertakes to protect the Personal Data collected and to respect the purposes for which the Personal Data was collected. The Data Controller undertakes to notify the User in the event of rectification or deletion of his Personal Data, unless this would entail disproportionate formalities, costs and steps for him. In the event that the integrity, confidentiality or security of the User's Personal Data is compromised, the Data Controller undertakes to inform the User by any means.
ARTICLE 5.3 - Purposes of Personal Data processing The Personal Data collected by the Organizer are processed for the following purposes: to provide and manage access to the Site and to all its features and contents, as well as their consultation or use by the Users; to allow and manage the participation of the Users in the Process and to ensure its follow-up; inform the User of any changes made to the Site; to organize the follow-up of the relationship with the Users, and in particular by sending newsletters or e-mails relating to the Process or to the activity of the Organizer; provide assistance to Users and allow the management of their complaints; organize the management and follow-up of Users' requests relating to the exercise of their rights as defined below; to allow the management of possible disputes with any User; to control the use of the Site and to allow the management of the security of the Site; detect, prevent and deal with technical problems; to allow the Organizer to create a file of the Users of the Processes to allow the Organizer to produce statistics, in an anonymous way, on the activity of the Site to measure the satisfaction of the Users and the quality of its contents and functionalities and, in doing so, to ensure the improvement and optimization of the Site, its contents and functionalities. The Organizer may also use Personal Data for administrative purposes or for any other purpose imposed by law or the Courts.
Article 5.4 - Duration of storage of Personal Data In accordance with the Regulations, the Personal Data collected by the Organizer are kept for a period not exceeding that necessary for the purposes for which they are processed. The Personal Data are kept as long as the User is active, then for a period of three (3) years from the last contact. Article 5.5 - Transmission of Personal Data to a third party The Organizer may communicate Personal Data to its subcontractors, service providers and suppliers. For example, when the Organizer requires the assistance of its subcontractor, the company DAVESE SAS, in the management of the Site and technical support to Users. To the extent possible, Personal Data is processed in the European Economic Area (EEA). However, some service providers or their subcontractors may be located in countries outside the EEA. In this case, the Organizer takes particular care to ensure that this transfer is carried out in compliance with the Regulation and implements guarantees ensuring a level of protection of Personal Data equivalent to that offered by the Regulation (in particular by using the European Commission's Standard Contractual Clauses). Article 5.6 - Users' rights The User has several rights under the Regulation, listed below: A right of access to his Personal Data: the User has the right to obtain clear, transparent and comprehensible information concerning the processing of his Personal Data (in particular the nature of the Personal Data used, for what purposes, etc.) as well as a copy of the same; A right to object to the processing of his/her Personal Data, subject to justifying reasons relating to his/her particular situation, and a right to request the limitation of the processing of his/her Personal Data, in certain cases provided for by the Regulation; A right of rectification: the User has the right to have his Personal Data rectified if they are inaccurate or incomplete; A right to the portability of his Personal Data, i.e., under certain conditions, the right to receive the Personal Data that the User has provided, in a structured computer format, commonly used, and to have them transmitted to a third party if this is technically possible; A right to erasure (or right to be forgotten): the User has the right to have his Personal Data erased or deleted. This right may be limited in view of contractual obligations (current contract) or legal obligations (prevention of legal action in particular); A right to digital death, i.e. the right for the User to define directives, either general or particular, with regard to certain processing, for the conservation, deletion and communication of Personal Data in case of death. Finally, any User has the right to lodge a complaint with the French National Commission for Data Processing and Liberties (CNIL) regarding the processing of his/her Personal Data. The User is encouraged to contact the Data Controller prior to any complaint, in order to try to resolve his problem.
ARTICLE 6 - COOKIES Each time the Site is used, cookies may be automatically installed on the User's browser. Cookies are small pieces of text sent to a web browser by a website. A cookie file is stored in the User's web browser and allows the Site to recognize the User and to ensure accessibility and navigation on the Site, as well as to improve navigation performance on the Site. When browsing the Site, the Organizer may use technical and browsing cookies to ensure the proper functioning of the Site and for which the User's consent is not required. ARTICLE 7 - GUARANTEES The responsibility of the Organizer can in no case be engaged in case of : Non-functioning or malfunctioning of the Site; referral, through a hyperlink to an illegal content, on which the Organizer has no control or prior verification; misuse of the Site by a User; errors, losses or damages resulting from the use or content of the Site over which the Organizer has no control or prior verification; loss, damage or expense, even if foreseeable, resulting from the use of the Site by the User, from the content available on the Site and over which the Organizer exercises no control or prior verification, or from errors that the Organizer or the User may commit in the Use of the Site; loss or damage caused by the installation of a virus or any other malicious software that may infect the computer equipment, software, data or any other device through which the User accesses the Site or a third party site.
ARTICLE 8 - SANCTIONS In case of non-compliance with any of the provisions of these TOU, the Organizer reserves the right to suspend and/or delete the User's personal account, or the disputed content, at its discretion and without prior warning. The Organizer will not be liable to the User or any third party for any claim or damage resulting from the termination or suspension of an account and related information. If required by applicable law, the User will be notified of the termination or cancellation of his account beforehand or at a later date by posting on the Site or by sending a communication to any address (electronic or otherwise) provided by the User on the Site. ARTICLE 9 - INDEPENDENCE OF CLAUSES In the event that any provision of these GCU is deemed null and void or inapplicable by a final court decision, this nullity or inapplicability shall not entail the nullity or inapplicability of the other stipulations, which shall be deemed valid and shall remain in force between the parties.
ARTICLE 10 - APPLICABLE LAW AND COMPETENT COURT The present GTU are subject to French law. In the event of a dispute relating to the conclusion, interpretation, execution or termination of these GCU, the parties agree to attempt to settle it amicably before any court action. This obligation to attempt to find an amicable solution is limited to a period of thirty (30) days from the receipt of a letter specifying the facts complained of and the conditions for amicable settlement of the dispute. In the absence of an agreement in principle within this thirty (30) day period, the parties will be able to resume all freedom of action. Any dispute relating to the use of the Site and the services by the Users, relating to the aforementioned GCU, to their validity, their interpretation or their execution, their effects or their termination, will fall under the jurisdiction of the competent court under the conditions of common law.
