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<Customer name> Terms of Use
These Terms of Use (“Terms of Use”) are effective as of <insert date>. By accessing or using the Community Website (the “Service”), or by logging into the site with your allocated User ID, you agree to be bound by these Terms of Use. The Service is owned and operated by the <Organisation name>, acting by and through <customer name>
Please review these Terms of Use carefully prior to using the Service. If you do not agree with these Terms of Use, please do not use the Service.
The Service comprises a suite of online services provided by <customer name>, including but not limited to: (delete as appropriate)
- an online <customer name> Community Directory
- the Community Messaging Service class emailer,
- Life-Long Email Forwarding Address service (“LEFA”),
- a User-to-User Community Messaging service, and
- the <customer name> Community Clubs service.
These Terms of Use govern your use of each component of the Service.
1. Copyright; Rules for Submission of Content.
- The Service and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, and other content or materials (collectively, the “Service Content”) are protected by copyright, trademark and other laws. As between you and <customer name> , <customer name> owns the intellectual property rights in the Service and the Service Content. You may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use. Except as specifically permitted by these Terms of Use, you may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of <customer name> .
- You retain ownership of all of your intellectual property rights in any content created, posted, or shared by you, on or through the Service and any personal data, (the “User Content”). <customer name> does not claim ownership of your User Content.
- You represent and warrant that: (i) you own your User Content; (ii) the posting and use of your User Content on or through the Service will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you shall pay for all royalties, fees, and any other monies owed by reason of your User Content; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
2. Rules of Conduct.
- You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully competent, to use the Service and to enter into and comply with these Terms of Use.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, disturbing, pornographic, or sexually suggestive photos or other content via the Service.
- You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content, including but not limited to, copyright laws.
- You must not interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use.
- You may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public or political purpose is strictly prohibited. Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by <customer name> (or any individual officer or employee of <customer name> ); (3) use that can be confused with official communications of <customer name> or its officers or employees;
and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services.
- Certain areas of the Service provide tools for the exchange of ideas and information between users, including in the form of direct messaging. <customer name> is not responsible or liable for any content, including User Content, that is posted or distributed pursuant to such user to user exchanges. The views and opinions expressed by users are theirs alone, and are not endorsed by, and should not be ascribed to <customer name> . You are solely responsible for all User Content you post, and you assume all risks relating to its use by others and others’ reliance on its accuracy.
- You acknowledge and agree that <customer name> has no obligation to display, monitor, or take any action with respect to Service Content or User Content. <customer name> reserves the right, without the obligation, to edit the Service and to edit, remove, delete or refuse any User Content for any reason without notice to users. If User Content violates the above standards or any other provision of these Terms of Use, <customer name> reserves the right to terminate the applicable user’s account and right to use the Service, in addition to any other rights or remedies available. <customer name> does not approve or endorse any User Content, and you agree that <customer name> will have no responsibility or liability in connection with your use of any User Content.
3. Privacy; Confidentiality.
- <customer name> agrees to use your User Content in compliance with the privacy policy of the Service, together with any Service-specific data use policies, privacy statements and privacy notices (collectively, “Privacy Policies”).
- <customer name> will treat your User Content as confidential information in accordance with <customer name> policies, and only use and disclose it in accordance with these Terms of Use and the Privacy Policies.
4. Limitation of Liability; Indemnification.
- THIS SERVICE AND ALL ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
<CUSTOMER NAME> DOES NOT APPROVE OR ENDORSE ANY USER CONTENT.
<CUSTOMER NAME> IS NOT LIABLE TO USERS OR VISITORS FOR ANY DAMAGES
OF ANY KIND ARISING OUT OF THE USE OF THE SERVICE, SERVICE CONTENT, OR USER CONTENT REGARDLESS OF WHETHER <CUSTOMER NAME> HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- You agree to indemnify and hold harmless <customer name> and its officers, fellows, governing board members, directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Service or any of the Service Content or your User Content, and/or your failure to comply any provision of these Terms of Use.
5. User Accounts; Account Termination Policy.
- You agree to provide accurate and complete information when creating or updating your account. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You agree to notify us immediately at <customer email contact detail) of any unauthorized use of your account or other breach of security. You may not use another’s account without permission. <customer name> may terminate your account if you violate any provision of these Terms of Use or fail to comply with requests concerning your account. User accounts may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.
- The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless <customer name> otherwise specifically agrees in writing, but the other provisions of these Terms of Use will survive any such termination. <customer name> reserves the right at any time in its sole discretion to cease providing any Service Content, to change or discontinue any aspect or element of the Service, or to cease making the Service available.
6. Miscellaneous
- Links to Other Services. <customer name> may provide links to websites operated by third parties, including but not limited to, websites operated by <customer name>, as a convenience for our users. <customer name> does not endorse or accept responsibility for the content or the use of third-party websites. If you use third-party sites, you do so solely at your own risk. Links do not imply that <customer name> is affiliated or associated with any linked site.
- Use of <customer name> Names. Except as specifically permitted by these Terms of Use, you may not use or register any name, logo or insignia of <customer name> or any of its schools or subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by <customer name> .
- Governing Law. These Terms of Use, and any claim or dispute that arises from or relates to your use of the Service, will be governed by the laws <enter state/country> without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in <enter state/country>. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defence or objection of lack of proper jurisdiction or venue or inconvenience of forum).
- Change of Terms of Use. Please note that these Terms of Use are subject to change without notice from time to time. Any changes will be posted to this page. Your use of this Service or any Service Content after any changes have been made will constitute your agreement to the modified Terms of Use.
- Severability; Entire Agreement. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, non-exclusive and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. <customer name> ’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. These Terms of Use set forth the entire understanding and agreement between you and <customer name> with respect to the subject matter hereof.
This Privacy Policy is edited by [Company name], a [legal entity] having its registered office at [address of the Company] and registered with the [Trade and Company Register] under the number [·] (hereafter, the “Company”).
The Company offers a platform [description of the platform] (hereafter, the “Platform”) to its users which have subscribed on the Platform and as such have a user account (hereafter, the “Users”). The Platform is available at the following url address [·]
The Company uses a solution called “Hivebrite”, which enables the import and export of user lists and data, the management of content and events, the organization of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind.
In this regard, as data controller, the Company is particularly aware and sensitive with regard to the respect of its Users privacy and personal data protection. The Company commits to ensure the compliance of the processing it carries out as data controller in accordance with the applicable provisions of the “Loi n°78-17 dated January 6, 1978, relative à l’informatique, aux fichiers et aux libertés” and the EU Regulation EU 2016/679 regarding data protection dated April 27, 2016.
In order to do so, the Company has put in place an appropriate privacy policy which guarantees an optimal level of protection of its Users’ data.
This privacy policy is intended for the Users of the Platform of the Company.
- 1. COLLECTED PERSONAL DATA
1.1 When subscribing on the Platform
When subscribing on the Platform, the User is informed that its following personal data is collected:
- [·] ;
- [·] ;
- [banking details – if applicable] ;
- [Information regarding university education, professional experience and CV – if applicable].
The User commits to only provide accurate, exhaustive, and regularly updated data regarding its identity, its content and any information in general. Under no circumstances shall the Company be liable for any data that is illegal contrary to public order provisions.
In the event the User does not consent to the collection of the above-mentioned date, it shall be informed that it cannot have access to the Platform.
1.2 During the use of the Platform
The User may validly publish, at its own initiative, any content on the Platform which shall be kept by the Company:
- [·] ;
- [·] ;
- …
The User commits not to publish any content which contains, including but not limited to, any remarks/images/pictures, contrary to application legislation and regulations, to public order and good morals, or affecting the rights of third parties, including but not limited to:
- Identity fraud of a third person;
- Remarks/publish pictures or images that are violent, defamatory, offensive, malicious, obscene, inciting to discrimination or hatred, racist, xenophobic, anti-Semitic, condoning or approving war crimes, inciting to committing a crime, offense, act of terrorism, or contrary to the security of minors;
- Counterfeiting the intellectual property rights of a third person;
- Commercial canvassing or elements that could be qualified as unfair competition.
In any event, Hivebrite shall not be liable for the content, accuracy, or up-to-date state of the information freely published by the User.
The User consents that, following the publication of the content, its information will become public on the Platform and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and the Company.
In most cases, Users post contents without previous moderation from the Company. The Company does not alter the content or information of the User, except under exceptional circumstances. The Company reserves its right to freely delete or amend the content or information of the User, without prejudice to the Users.
In the case of delivery of content on the Platform which is contravenes with the present privacy policy, applicable law or the rights of third parties, any person can inform the Company of the existence of such Content at the following address: [●].
The User is informed that the Company does not collect any particularly sensitive data within the meaning of applicable legislation and regulations.
1.3 Cookie data
The Company informs the User that Hivebrite, as well as its subcontractors, uses a tracking technology on its terminal such as cookies whenever the User navigates on the Platform.
A cookie is a message that, subject to the User settings, is sent to its terminal when the User navigates on a website. The aim is to collect data regarding the internet navigation of the User to send tailor-made services to its terminal (computer, mobile phone or tablet).
The cookies that are sent to the User’s terminal are detailed under Article 2 of the present privacy policy.
The purpose of the process of the data collected through the cookies and the settings of such processing is detailed under article 9 of the present privacy policy.
- 2. THE PURPOSE OF THE DATA PROCESSING
The Company and its subcontractors collect, process and host personal data that are freely transferred by the User when accessing the services proposed by the Platform.
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Collected Data |
Purpose of the processing |
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When subscribing on the Platform:
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When using the Platform:
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Cookies, trackers:
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The Company only collects and processes the User’s personal data for the purpose for the optimal implementation and use of the Platform that is put at its disposal.
- 3. USER’S CONSENT TO THE COLLECTION OF DATA
The Company informs the User that no personal data within the meaning of applicable legislation and regulations shall be collected without the prior explicit consent of the User.
The User expresses its consent upon its subscription on the Platform, and after having been able to consult the present privacy policy.
The Company and its subcontractors commit to a lawful and fair collection of the User’s data, in full transparency and in compliance with the rights conferred to the User pursuant to applicable legislation and regulations.
- 4. LENGHT OF DATA RETENTION
The Company informs the User that the data is retained only during the length of the User’s subscription on the Platform.
Following the termination of said subscription, the data collected upon the subscription as well as the content published by the User on the Platform shall be deleted after a period of [·].
The Company informs the User that it uses a payment service provider called [·] which offers full guarantees of security.
You can consult [·]’s privacy policy by clicking on the following link: [·]
In accordance with application legislation, cookie data will be automatically deleted thirteen (13) months following their placing on the User’s terminal.
Finally, the data regarding the identification of the Users in case of exercise of their rights pursuant to Article 6 of the present privacy policy shall be retained for (i) one (1) year in case of exercise of their access or rectification rights and (ii) three (3) years in case of exercise of their opposition right.
- 5. OBLIGATIONS OF THE COMPANY
As data controller and in accordance with applicable legislation and regulations, the Company commits to:
- Only collect the Users’ data for the strict purpose as described under article 2 of the present privacy policy;
- Keep a processing register;
- Put in place all necessary technical and organizational appropriate measures in order to ensure the security, confidentiality, integrity, availability and the resilience of the process systems and services;
- Limit the access to the Users’ data to the persons duly authorized to this effect;
- Increase awareness and train staff members regarding the processing of personal data;
- Guarantee to the Users their rights regarding the access, portability, erasure, rectification and opposition in relation to the collection and processing of their data;
- Notify the competent supervisory authority of any security breach presenting a serious risk regarding the rights and liberties of the Users within 72 hours of the occurrence of such a breach;
- proceed with the deletion of the Users’ data in the event of an absence of any contact with the Company for a period of three (3) years;
- Only subcontract the processing of the Users’ data to Hivebrite which, as subcontractor, has put all necessary technical and organizational measures in order to guarantee the security, confidentiality, integrity, availability and resilience of the processing systems and services.
For any additional information on Hivebrite, you can consult the webpage available at the following address: www.hivebrite.com.
- 6. EXERCISE OF THE USERS’ RIGHTS
The User is duly informed that it disposes at any time, meaning prior to, during or following the processing of data, to a right to access, copy, rectify, oppose, port, limit and delete its data.
The User can exercise its rights by sending an email to the following address [·] or by mail at the following address [·] provided that the User justifies its identity.
In addition, in the event the User considers that its rights have not been respected, the User of which the personal data is collected can file a reclamation before the competent supervisory authority. For any additional information, you can review your rights on the websites of the competent authorities.
The competent supervisory authorities are listed on the following website:
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
- 7. HOSTING OF THE USERS’ PERSONAL DATA
The personal data collected by the Company is hosted by the following service providers:
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Host |
Nature of the hosting |
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Microsoft Azure Cloud
Privacy policy: https://www.microsoft.com/en-us/TrustCenter/Privacy/gdpr/default.aspx
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Hosting of all data and content produced / provided by the User, as well as images, profile pictures and backups
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AmazonAWS
Privacy policy: https://aws.amazon.com/compliance/gdpr-center/
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- 8. DATA BREACH
In case of breach of its systems, or theft, deletion, loss, alteration, disclosure, unauthorized access, or any other malicious act, the Company commits, in the event the said breach presents a serious risk regarding the rights and freedoms of the Users, to notify the Users, within a period of seventy two (72) hours as of the occurrence of the breach, of (i) the nature of the breach, (ii) the probable consequences of the malicious act, (iii) the appropriate measures proposed to remedy the malicious act.
The malicious act presenting a serious risk regarding the rights and freedoms of the Users shall be notified to the competent supervisory authority.
The User is duly informed that the Company shall not be liable in case of breach of IT security which can cause damages to computer equipment, as well as in case of breach or malicious act by a third party targeting the system or the Platform.
- 9. COOKIE MANAGEMENT CONFIGURATION AND OTHER DATA
The User’s consent is requested through a banner at the bottom of the Platform homepage.
In case of consent, the User’s internet navigator shall automatically transmit to the Company the data collected and detailed under Article 1.2.
The User is informed that the cookies and trackers will be automatically deleted following a period of thirteen (13) months.
The User may at all times configure its navigator in order to prevent the creation of cookie files.
However, certain functionalities of the services proposed by the Platform may not function properly without cookies. In addition, even if most navigators are configured by default and accept the creation of cookie files, the User has the possibility to choose to accept the creation of all cookies other than the functional cookies or to systematically decline them or to choose the cookies it accepts depending on the issuer by configuring the following settings:
- Internet Explorer:
- Click on the settings menu, followed by “Internet Options”;
- Under the “General” tab on the upper-left hand side, scroll down to “Browsing history”;
- Check the "Temporary Internet files and website files," "Cookies and website data," "History," and "Download History" boxes;
- Click on “Delete”;
- Close out of Internet Explorer and reopen it for changes to take effect.
- Firefox:
- Click on your Tools bar;
- Click on “Preferences”;
- On the menu to the right, select "Privacy";
- Under the “history option”, there is a shortcut titled "clear your recent history", click on that;
- Select only the top four options and hit clear now.
- Safari:
- Click on “Safari” in the top left corner of the finer bar;
- Click on “Preferences”;
- Click on the “Privacy” tab;
- Click on “Manage Website Data”;
- Click on “Remove All”;
- Click “Remove Now”.
- Google Chrome:
- Click the Tools menu;
- Click on “More tools”;
- Clear browsing data;
- At the top, choose a time range.
- To delete everything, select “All time”;
- Next to "Cookies and other site data" and "Cached images and files", check the boxes;
- Click on “Clear data”.
In order to configure the data settings, please find below the recommendations of the Company:
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Data collected for the following purposes: |
Settings |
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General data enabling the proper functioning of the Platform and the improvement of the services proposed by the Platform. |
Data that is essential for the provision of services by the Company, non-configurable.
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Data regarding the management of payment services proposed by the Platform, delinquencies and litigation.
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Data that is essential for the provision of services by the Company, non-configurable.
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Data enabling the creation of User files; Mailing of commercial offers, advertisements or newsletters of the Company and/or its commercial partners if this has been accepted by the User. |
Management by the User in its login area; Unsubscribing to newsletters / commercial offers by clicking on the appropriate link; Request for deletion of the data base of the Company by writing to the following address [●] and subject to providing a proof of identity. |
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Compilation of statistics with the purpose of improving the functioning of the Platform notably by analysing the traffic of the Platform (modules which are more or less consulted, preferred routes, level of activity depending on the day of the week et hour of the day, etc.) and by adapting the Platform according to the needs and tastes of the Users (recognition of the User when it accesses the Platform). |
Clearance of cookie history in the navigator pursuant to the above instructions; Using the “incognito mode” whilst navigating; Request for deletion of the data base of the Company by writing to the following address [●] and subject to providing a proof of identity. |
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Management of requests to access, rectify, delete, limit and oppose. |
Request for deletion of the data base of the Company by writing to the following address [●] and subject to providing a proof of identity. |
- 10. PERSONS AUTHORIZED TO ACCESS THE USERS’ DATA
The data of the Users are accessible only to the persons duly authorized to do so by the Company for administrative or maintenance purposes of the Platform to the exclusion of any commercial use, and if applicable, in order to enforce the rights exercised by the Users regarding their data (in particular the right to access, rectify, oppose, port and to be forgotten).
The Company informs the User that, outside of hosting and payment services, it uses the following subcontractor:
- The company KIT UNITED for its HIVEBRITE solution, a French société par actions simplifiée with a capital of 284.280,00 Euros, registered with the Paris Companies register under the number 75339171300017, having its registered office at 8, rue de la Grande Chaumière, 75008 – Paris.
Especially in light of any future developments of the applicable legislation and regulations, the Company reserves its right to proceed with any modification of its privacy policy and commits to duly inform you if any such modification occurs.
Date of privacy policy: [●] May 2018.