LEGAL NOTICE AND GENERAL CONDITIONS OF USE

Updated: February 25, 2020

Please read these terms and conditions of use carefully.

The purpose of these general terms and conditions of use (hereinafter referred to as the "GTC") is to define the terms and conditions of use of the data and information collection platform offered by WIIN (hereinafter referred to as the "Platform").

The publisher of the Platform is WIIN (hereinafter referred to as "WIIN"), a SAS with a share capital of €18,000, registered in the Paris Trade and Companies Register under number 825055528, whose registered office is located at 15 rue Jean Macé, 75011 Paris France.

The Platform is managed by WIIN and its customers (the "Organizers") who have subscribed to an offer proposed by WIIN allowing them, under certain conditions, to display their name and graphic identity without reference to WIIN.

Your access to and use of the Platform is subject to your acceptance of and compliance with these TOU. These terms and conditions apply to all visitors, Users, Organizers and all persons who access and use the Platform. You warrant that you are of legal age in your country of residence at the time of using the Platform and that you 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 he or she agrees to be bound by these TOU on your behalf.

By using the Platform, Users certify that they have read, understand and accept without reservation all of these TOU and agree to abide by them.

If you do not agree with all or part of these TOU, you should not and will not be able to access the Platform.

ARTICLE 1 - FUNCTIONING OF THE PLATFORM

The Platform allows Organizers 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 information collection steps
• one or more steps to collect documents of any nature and size;
• one or more steps to confirm the application for an account
• one or more steps to confirm the sending of 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 of sending emails to the User;
• sharing and displaying the collected information to the public;
• one or more steps of analysis of the collected information;
• one or more steps of analysis of the collected information; and generally one or more steps 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.

For example: the implementation of a Platform and a Process allowing the collection of information within the framework of a call for projects requesting information on the Users and the deposit of documents of any nature necessary for the appreciation of the Users' projects.

The Organizer has a Platform allowing him to create one or several Processes according to the offer he has subscribed to. This Platform can be proposed, depending on the offer subscribed to, as a white label to the Organizer, which means that the Organizer has the possibility :

• add the content of his choice;
• configure the Process of his choice;
• configure the graphic and visual appearance of the interfaces of its Platform;
• add its own logo and remove WIIN's logo;
• not to mention or refer to WIIN;
• to add its own TOS in addition to the present TOS;
• change the URL of its platform;
• to add content of any kind and without this list being restrictive, links, texts, images, videos, music, animations, at any place of the interfaces of its Platform;
• to integrate its Platform into its own websites in such a way as to eliminate any difference between the Organizer's websites, its graphic identity, the Platform and the Processes.

Under these conditions, the User may not realize that he is using a Platform made available to an Organizer by WIIN. These Terms and Conditions of Use are intended, among other things, to explain the nature of the Platform and the relationship between the Organizer, the User and WIIN.

To access and respond to the Process on the Platform, the User must, in some cases, create a personal account by providing the following information:

• Name
• Firstname
• Email
• Password

Once the User's personal account has been created, the User 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 inbox. After validation of this email, the User's account will be activated and the User will be able to access the Platform's Processes.

WIIN is not responsible for the proper delivery of emails sent to Users. Users must ensure that they have correctly filled in their email address and must check their so-called "junk or spam" emails. In the event that an email is received as "junk or spam", the User must configure their email inbox and make every effort to ensure that emails sent from the Platform are delivered.

An email sent from the Platform may take up to fifteen (15) minutes to arrive in the User's inbox.

The email address provided and the password allow the User to reconnect to the Platform after having been disconnected from a previous session.

The User's password is strictly personal and must not be shared with third parties under any circumstances. In general, the User must personally take care to keep his information confidential and not to disclose or communicate it.

In case of loss of access, the User may request a "forgotten password" by entering his email address in the connection step.

In case of deactivated account, blocked access or deleted account, the User should contact the Organizer to clarify the situation. WIIN is in no way responsible for the deactivation, blocking or deletion of a User account in the Platform of an Organizer.

However, WIIN would like to inform Users and Organizers that each Platform is partitioned, unique and has a unique User account base. Therefore, if a User creates an account on the Platform of an Organizer, his account will not allow him to connect to the Platform of another Organizer. The User will then have to create a new account.

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.

Access to the Platform is free of charge, however, once the User's account has been created and depending on the Process designed by the Organizer, the latter may request one or more payment steps in its Information Collection Process. The payment methods are specific to the Organizer, WIIN can in no way be held responsible for any problem relating to the payment of a User in the context of a Process initiated by an Organizer. Only the Organizer is responsible for requesting a payment from a User.

If you make a payment, you may be asked to provide certain information related to your purchase, including, without limitation, your credit card number, credit card expiration date and billing address. Thus, you represent and warrant that:

• you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that the information you provide is true, correct and complete.
• By submitting such information, you grant Sponsor the right to provide such information to third parties in order to facilitate the completion of purchases.

The Organizer reserves the right to refuse or cancel your payment at any time for any reason, without having to justify itself. WIIN reserves the right to refuse or cancel your payment if WIIN has any suspicion of fraud or unauthorized or illegal transaction.

We urge you to exercise caution and your own due diligence in conducting any transaction through the Platform.

When a User responds to a Process, after the User's account has been created and the User has begun to fill in information online, the User will be assigned a unique number. 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 abusive, harassing, defamatory, pornographic, threatening or obscene is unlawful
• or intended to promote or commit an unlawful act of any kind, including a violation of the intellectual property rights, privacy rights, property rights of the Organizer or the property rights of WIIN, 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 the User, such as passwords to other services, banking information in an unsecured environment, information relating to health data and any sensitive personal information;
• violates the Organizer's rules
• or violates the Organizer's own TOS if the Organizer has provided it;
• or violates or conflicts with the TOS, as defined by WIIN.

The User also declares that:

• the content posted or filled in on the Platform belongs to him (he is the owner) or that he has the right to use it for these purposes;
• the posting of the content uploaded or provided on the Platform on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person.
• content posted or provided on the Platform will not violate any law, regulation, rule, code or other legal requirement;
• content posted or provided on the Platform will not be or could not reasonably be considered obscene, inappropriate, defamatory, libelous, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence or in violation of privacy;
• Content submitted or posted on the Platform shall not be unsolicited, undisclosed or unauthorized advertising;
• the content submitted or filled in on the Platform does not contain computer viruses or any other computer code, file or program designed to interrupt, destroy or destroy data or information.

ARTICLE 2 - INTELLECTUAL PROPERTY

The Platform and its contents, including but not limited to texts, images, videos, layout, graphics, structure, WIIN trademarks, icons and associated logos, are protected by intellectual property rights and titles, whether registered or not, over which WIIN holds exclusive rights.

However, all the contents added or configured by the Organizer and without this list being restrictive, the texts, the images, the videos, the layout, the graphics, the structure, the trademarks of the Organizer, the icons and associated logos, the documents and information deposited by a User during a Process created by the Organizer, are protected by rights and titles of intellectual property, registered or not, on 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 his/her rights and more particularly an infringement and/or an unfair and/or parasitic use.

ARTICLE 3 - DATA PROTECTION

WIIN and the Organizer are committed to providing the best possible data protection experience, which includes the security, confidentiality and integrity of data collected from the User. The Platform complies with the requirements of the EU General Data Protection Regulation (GDPR) as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

 

By using the Platform, the User agrees and consents to the collection and use of the data and information he/she provides.

The data is stored in France, in the Paris area on the servers of the company Amazon.

The Organizer may also collect information about how the Platform is accessed and used ("Usage Data"). This Usage Data may include information such as the IP address of the user's computer, browser type and version, pages visited, time and date of connection, time spent on those pages, unique device identifiers and other diagnostic data.

Organizer uses the data collected for various purposes:

• to provide and maintain the Platform; to inform the User of changes to the Platform
• to provide user support; to gather analysis or information useful for improving the Platform;
• to monitor the use of the service; to detect, prevent and deal with technical problems.

WIIN and the Organizer undertake not to sell or exchange Users' personal data to third parties.

Personal data is kept by the Organizer for as long as necessary for the proper performance of the services and the needs of the Organizer. The length of retention depends on the type of data and its purpose.

Personal data is retained only as necessary and consistent with legal obligations (for example, if the Organizer is required to retain a User's data to comply with applicable laws), to resolve disputes and to enforce legal agreements. Personal data is not retained for more than forty-five (45) days after the termination of a contract between WIIN and the Organizer.

Information submitted by a User may be retained and transferred by the Organizer from one Process to another or from one Platform to another. Under these conditions, the Organizer must inform the User of the transfer of its data. WIIN is not responsible for any hidden or abusive use of the functionality to transfer data to another Platform or Process.

The information submitted by a User may be stored and transferred by the Organizer to a third party software. The Platform has integrations allowing this type of transfer. Under these conditions, the Organizer must inform the User of the transfer of its data. WIIN is in no way responsible for any hidden or abusive use of the functionality of transferring data to a third party software.

Information submitted by a User may be stored and transferred by Organizer to computers located outside the User's state, province, or country where data protection laws may differ from those of the User's jurisdiction. The Organizer may also use a different storage system than that offered by WIIN.

The Organizer is solely responsible for the use of the User's data. WIIN does not own this data and has no right to use, exchange, resell or modify it outside the terms of these TOU.

If the User is located outside the European Union (EU) and chooses to provide information to the Organizer, all data will automatically be transferred by the Platform, including personal data, to the EU. However, the Organizer may, transfer data to service providers located outside the EU for processing, it is the Organizer's responsibility to ensure that adequate protections are in place.

The User's consent to these TOU, followed by the submission of information, represents the User's agreement to the potential transfer of their data.

WIIN takes all measures reasonably necessary to ensure that User data is stored securely on the Organizer Platform and in accordance with these TOU.

Data security is important to WIIN, but it should be remembered that no method of transmission over the Internet or electronic storage is 100% secure. Although WIIN strives to use best practices and state-of-the-art means to protect the User's personal data, WIIN cannot guarantee absolute data security.

The User may at any time request the Organizer to be informed about the personal data held by the Organizer about him. If the User so wishes, the data can be deleted from the Platform by the Organizer.

The deletion of a User's data by an Organizer automatically results in the deletion of all data stored on WIIN's servers in accordance with the applicable regulations.

The User may also request to receive a copy of the personal information held by the Organizer. To do so the User must make the request to the Organizer in question. WIIN cannot act in this process and cannot be held responsible for any non-compliance by the Organizer.

In general, all data collected by an Organizer on its Platform is the absolute responsibility of the Organizer towards the User. WIIN cannot be held responsible for any misuse by the Organizer of such data.

ARTICLE 4 - LIABILITY

WIIN shall not be held liable in any way for:

• the non-operation or malfunction of the Platform;
• referral, through a hyperlink to illegal content, on which WIIN has no control or prior verification;
• requesting a User to provide information that is illegal or in breach of these TOU;
• Misuse of the Platform by an Organizer;
• errors, loss or damage resulting from the use or content of the Platform over which WIIN has no control or prior verification loss
• damage or expense, even if foreseeable, resulting from the use of the Platform by the User, from the content available on the Platform and over which WIIN has no control or prior verification, or from errors that the Organizer or the User may make in the use of the Platform
• loss or damage caused by the installation of viruses or other malicious software that may infect computer equipment, software, data or any other device through which the User or the Organizer accesses the Platform or a third party site.

In general, the responsibility of the Organizer will always take precedence over the responsibility of WIIN because the Organizer is the exclusive operator of its Platform.

ARTICLE 5 - SANCTIONS

In the event of non-compliance with any of the provisions of these TOU, WIIN reserves the right to suspend and/or delete the User's personal account, the Organizer's account or the disputed content, at its discretion and without prior warning.

The Organizer also has the right, in the event of non-compliance with any of the provisions of these TOU, to suspend and/or delete the User's personal account, or the offending content, at its discretion and without prior warning.

WIIN or the Organizer shall not be liable to the User or any third party for any claim or damage arising 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, the User may be informed beforehand or later by posting on the Platform or by sending a communication to any address (electronic or otherwise) on the Platform.

ARTICLE 6 - COOKIES

When visiting the Platform, 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 Platform or a third party to recognize the User and ensure accessibility and navigation on the Platform, as well as to improve the performance of navigation on the Platform.

Cookies can be "persistent" cookies or "session" cookies. Persistent cookies remain on a computer or on the mobile device used to log in, while session cookies are deleted as soon as the User closes his/her web browser.

In addition to the Platform's cookies, we may also use various third-party cookies to report usage statistics for the Platform.

By browsing the Platform, the User accepts cookies. Their deactivation or deletion can be done via the settings of the browser software.

The User notes, however, that by deleting cookies or refusing to accept them, the use of all the features of the Platform may be severely compromised.

ARTICLE 7 - FORCE MAJEURE

WIIN shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these TOU is due to force majeure.

ARTICLE 8 - MODIFICATION OF THE GGU

WIIN reserves the right to modify all or part of these TOU at any time, and the updated version will be available on the Platform.

The revised version of the TOU will be effective upon publication, unless otherwise specified.

By continuing to use the Platform after any changes to these TOU, User agrees to comply with such changes. If the User does not agree to the changes, the User may ask the Organizer to close his account.

The User is invited to consult the GCU at any connection in order to take note of the changes made.

ARTICLE 9 - INDEPENDENCE OF CLAUSES

In the event that any provision of these GTUs 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 - COMPETENT COURT / APPLICABLE LAW

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 undertake to attempt to settle it amicably before any court action is taken.

This obligation to try 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 period of thirty (30) days, the parties may resume all freedom of action.

The Courts of the jurisdiction of the Court of Appeal of Paris shall have exclusive jurisdiction to hear any dispute that may arise in connection with the formation, execution, interpretation or termination of these GTU.

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We wish you a good use of the Platform.