TERMS OF SERVICE FOR YOUR DIGITAL CONTENT RIGHTS
Under the Terms, the expressions used below have the following meaning:
- “ADALONG” refers to ADALONG SAS, a French company whose registered office is at 12 Rue Anselme 93400 Saint-Ouen France – with identification number 830 028 858 RCS Bobigny which proposes the Service via the Application or the Site;
- “Client” refers to any legal entity that subscribes to the Service;
- “Creator” refers to any natural person whose UGC is posted on Social Media Platforms;
- “User” refers to any employee, director, agent or officer of the Client that uses the Service via the Application or the Site after the Client has accepted the Terms;
- “Application” refers to the Web application proposed by ADALONG to its Clients when they subscribe to the Service and available online at the URL: https://app.adalong.com;
- “Site” refers to the Website proposed by ADALONG to its Clients available online at the URL: http://www.adalong.fr/;
- “Service” refers to the services offered by ADALONG to its Clients via the Application and the Site in “Software as a Service” mode;
- “User Generated Content” or “UGC” refers to any digital content (text, photo, video, audio, creative design, etc.) created and publicly posted by a Creator on one (or more) Social Media Platform;
- “Rights Management Tool” refers to any functionality of the Service allowing the Client to obtain explicit consent from a Creators to use his/her UGC;
- “Account” refers to any User’s account accessible from the Application and the Site by indicating its Username;
- “Social Media Platform” refers to any online social media network allowing a Creator to post any UGC;
- “Username” refers to the login and confidential code or password allowing the User to access its Account.
2/ USE OF “USER GENERATED CONTENTS”
2.1 ADALONG facilitates the identification, the aggregation and the organization of User Generated Contents (UGC) created and posted on Social Media Platforms to the benefit of Clients’ brand(s). By subscribing to the Service, ADALONG provides the Client with the ability to directly access to UGC posted on Social Media Platforms that may be relevant to the Clients’ brand(s). The Client can then organize the UGC it is interested in into specific “collections” it organizes online by using the Service.
2.2 By subscribing to the Service, ADALONG provides the Client with the ability to use online the Rights Management Tool of ADALONG, in order to:
- search for User Generated Contents (UGC) publicly posted with specific hashtags on Social Media Platforms and refine searches using advanced criteria and computer vision;
- make a direct request to any relevant Creator to be granted the Intellectual Property rights to re-use the UGC of such Creator, to the benefit of the Client’s marketing or communication campaigns. The request takes the form of a comment written by the Client to the Creator of the related UGC including an active link to the Terms. The Creator can agree to the Terms by replying to the request of the Client;
- download and store UGC after the Creator has given his/her consent;
- easily repost UGC on Social Media Platforms after the Creator has given his/her consent.
2.3 NOTICE: ADALONG only acts as a User Generated Contents aggregator, collecting and storing public URLs that allow direct access to User Generated Contents (UGC) that cannot be considered as “personal data” within the meaning of the GDPR.
3/ SUBSCRIPTION TO THE SERVICE
3.1 In order to access or use the Service, via the Application or the Site, by creating an account, Users must:
- have an internet connection;
- subscribe to and pay the applicable fee to be granted the right to use the Service;
- ensure that they have a full legal capacity to subscribe to the Service, in particular, that they have the necessary authority to engage the company they represent;
- not be a competitor of ADALONG and/or not subscribe for the purpose of competing with ADALONG, fraudulently and/or in a way that prejudices the legitimate interests of ADALONG.
4/ AVAILABILITY AND MAINTENANCE OF THE SERVICE
4.1 The Service is accessible through the Application URL: http://app.adalong.com or the Site URL: http://www.adalong.fr seven (7) days a week and twenty-four (24) hours a day. The Service is only accessible for the duration of the subscription by Users unless Users decide to stop using the Service.
4.2 ADALONG reminds Users that the Internet, which enables ADALONG to provide the Service, is an open and informal network, consisting of the international interconnection of independent computer networks using the TCP/IP protocol, without any obligation to supply or capacity to supply between operators of these networks. Consequently, ADALONG cannot guarantee (i) any availability of the Service which takes account of the functioning of the Internet, (ii) or that the use of the Service will be uninterrupted.
4.3 ADALONG reserves the right to interrupt the operation of the Service at any time, with or without notice, in particular, to carry out maintenance of the Service and/or for any other legitimate reason. Whenever possible, ADALONG will inform Users prior to any maintenance operation.
5/ INTELLECTUAL PROPERTY
5.1 The Service and all contents, including but not limited to texts, images, software, etc. accessible online when using the Service (except the UGC) are the exclusive property of ADALONG and are protected by copyright, trademarks, database and other intellectual or industrial property rights.
5.2 ADALONG grants to every Client a non-exclusive and non-transferable license to use the Service and any associated software. Users are prohibited – directly or indirectly – from copying, modifying, creating a derivative work, reverse engineering, disassembling or attempting to obtain the source code in any other way (except for cases provided for by law), selling, assigning, sub-licensing or transferring in any way whatsoever any right relating to the Service or associated software. These Terms do not grant Users a license to use any trademark of ADALONG.
5.3 Users are informed and acknowledge that the Site and any software used in connection thereto may contain confidential information or information protected by the intellectual property law in force or by any other law. Users undertake not to modify, lease, borrow, sell or distribute that information or create derivative works incorporating all or part of that content, unless expressly authorised by ADALONG in writing and in advance.
5.4 In case of improper or abusive use of the Service, ADALONG reserves the right to use all legal remedies to stop the infringement of its intellectual property rights and to suspend access of the Service to the Client in breach of the Agreement.
6/ USE OF CLIENT NAME FOR COMMERCIAL REFERENCE
6.1 ADALONG is expressly authorised by the Client to use its name, logo, trademark/trademarks and/or any other distinctive sign solely as commercial reference, to the exclusion of any other use, on any communication medium of its choice, including on its Website, for the subscription period of the Service by the Client and for two (2) years following the disabling of the Service.
7/ LIMITATION OF LIABILITY
7.1 ADALONG may not be liable for any damage suffered by Client in case of breach of the Terms and/or the provision of false or incorrect information by Users.
7.2 ADALONG is not liable for any indirect damage resulting from the use of the Service. ADALONG shall not be responsible for any technical disruption of the Service (malfunction, maintenance interruption, technical failure of the server, interrupted internet access, virus, etc.).
7.3 Users are solely responsible for their use of the Service provided by the Application or by the Site, and for their suitability to their needs as well as for the security of their IT system and the back-up of their data. ADALONG shall not be liable for any damage to the IT system of Users, and for loss of data or for any other damage resulting from the use of the Service by Users.
8.1 ADALONG may terminate or suspend access to the Service immediately, without prior notice or liability, if Users breach the Terms. Upon termination, Users right to use the Service will immediately cease. If Users wish to terminate their account, Users may simply discontinue using the Service.
9.1 ADALONG reserves the right to modify these Terms at any time, without advance notice by posting revised Terms, for any reasons. Users should review the Terms each time they access to or use the Service, via the Application or the Site, to stay informed of any modification.
9.2 If Users continue to use the Service, via the Application or the Site, after the revised Terms became effective, then Users have accepted any change and modification to these Terms.
10/ GOVERNING LAW
10.1 These Terms shall be governed by French law, for both formal rules and substantive rules.
10.2 In the absence of mutual agreement between the parties for any dispute relating to the interpretation, performance or termination of this agreement, jurisdiction is expressly attributed to the Commercial Court of Paris – France.
11.2 By allowing access or use of the Service, ADALONG processes (i) Personal Data relating to the Users of Client (name, email address, telephone number and username of the User).
11.3 Client shall inform its Users (art. 12 GDPR) that ADALONG processes some Users Personal Data which are directly collected (art. 13 GDPR) through the subscription to the Service for the following purposes:
- processing necessary without consent for the performance of contractual obligations (art. 6.1 (b) GDPR);
- processing necessary without consent for the purposes of the legitimate interests pursued by ADALONG (art. 6.1 (f) GDPR) for marketing purposes (information and communication about the Service) with unsubscribe link that is immediately proposed (right to erasure – art. 17 GDPR) and integrated in every mailing by ADALONG to Users;
- any other processing where Users have given their consent to the processing of their Personal Data (for instance, transfer to third parties with or without pecuniary compensation for direct or indirect marketing purposes, including profiling). ADALONG undertakes to not make profiling of Users Personal Data. Every mailing by ADALONG will include a brief review of the GDPR rights (art. 15 to 22 GDPR) guaranteed by ADALONG to any User, in particular, the right to object including profiling (art. 21 GDPR).
11.4 ADALONG may retain Users Personal Data for the necessary duration of access to the Service, and for a period of ninety (90) days after its disabling, except for any data that ADALONG would need to keep as evidence for the legal time limitation period in accordance with the governing legislation (for instance, billing data may be retained for a period of five (5) years).
11.5 At the end of the legal prescription period under French governing legislation, Users Personal Data will be deleted (right to erasure – art. 17 GDPR).
11.6 By subscribing to the Service, Users have (i) a right to access (art. 15 GDPR) and (ii) a right to rectify their Personal Data (art. 16 GDPR). Users wishing to assert any of their rights may send their request by email at the following address: email@example.com.
11.7 Upon exercise of any of these rights, Users must send to ADALONG all elements necessary to their identification (name, email, connection identifier and possibly mailing address). Furthermore, their request must be signed and accompanied by a copy of an identity card. ADALONG undertakes to answer within a maximum period of one (1) month following receipt of the request. If ADALONG does not answer within this period, Users could lodge a complaint with the French supervisory authority (CNIL).
11.8 ADALONG may implement appropriate technical and organisational measures which are designed to implement data protection principles of the GDPR and to protect Users rights.
11.9 When Users enter information (such as Client log in credentials entered onto the ADALONG dashboard), ADALONG encrypts the transmission and storage of that information using industry standard encryption technologies.
11.10 If you have any questions regarding security you can contact us.
12/ CONTACT US
If you have any questions about these Terms, please contact us at the following address firstname.lastname@example.org
July 2018, Paris France