User policies

Last update : August 2024
Language: English

Article 1. Purpose

POOOL, a société par actions simplifiée (simplified joint stock company) registered in the Bordeaux Trade and Companies Register under number 819 554 890, with share capital of €102,775, whose registered office is located at 2 rue Marc Sangnier – 33130 Bègles, operates an Internet site available at the URL address https://theaudiencers.com/ (hereinafter referred to as “the Company”). These general conditions of use (hereinafter the “GCU”) apply between the Company and any person who may access the Site (hereinafter the “User”). Their purpose is to determine the rights and obligations of users of the https://poool.tech/ website and its offshoots, such as https://theaudiencers.fr, etc. operated via the main theaudiencers.com/ domain name (hereinafter the “Website”). Each time the User visits the Site, he/she undertakes to comply with these Terms and Conditions of Use applicable to the entire Site. Consequently, the User accepts, without reservation, these GCU in their entirety prior to any use of the Site. The simple fact of accessing the Site automatically implies the User’s unreserved acceptance of these GCU. The Company reserves the right to modify these GCU at any time and without prior notice. The modifications will take effect as soon as they are put online. Consequently, the User is advised to refer regularly to the latest version of the GCU available at the following address: [https://theaudiencers.com/cgu]. By continuing to use the services offered by the Site after the GCU have been modified, the User accepts said modifications.

Article 2. Access to and use of the Site

2.1. Access to the Site is free and no prior registration is required to view it. Notwithstanding the foregoing, access to certain content may require Users to enter personal information (such as their professional e-mail address). In such cases, article 7 of these GCU shall apply. The User is solely responsible for the equipment and material resources required to access the Site, and for updating, operating and maintaining them. The User is also responsible for any telecommunications costs incurred in accessing and consulting the Site (in particular the cost of the Internet access provider).

2.2. The Company grants the User the right to consult and access the information accessible on the Site. In this respect, the User undertakes in particular to: – check that the computer configuration used does not contain any viruses and that it is in perfect working order; – not to copy all or part of the Site onto another site or any other medium; – not to set up systems likely or of a nature to pirate all or part of the Site, or of a nature to violate these GCU; – to inform the Company as soon as they become aware of any “piracy” and in particular of any illicit or non-contractual use of the elements appearing on the Site, regardless of the means of distribution used.

2.3. The User accepts unconditionally and unreservedly that browsing and use of the Site is under his/her sole responsibility.

Article 3. Availability of the Site

3.1. The Company undertakes to do its utmost to ensure secure access, consultation and use of the Site. The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the Company’s control, and in any event subject to any breakdowns, malfunctions and corrective or evolutionary maintenance operations necessary for the proper functioning and development of the Site. Maintenance work may be carried out without prior notice to Users.

3.2. The Company reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, as well as the right to delete, limit, suspend or prohibit access to it, either temporarily or permanently. Under no circumstances may the Company be held liable in this respect. The Company reserves the right to delete or modify any information on the Site, in particular that which contravenes national laws.

3.3. The User declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges that: – use of the Site is at the User’s own risk; – the Site is accessible to the User “as is” and subject to availability; – the User is responsible for protecting his/her own data and/or software and is responsible for taking all appropriate measures to protect it from any viruses circulating on the Site.

Article 4. Limitation of liability

4.1. Under no circumstances may the Company be held liable for any direct or indirect damage resulting from the use of the Site or from the impossibility of accessing or using the Site’s services. The Company gives no guarantee to Users of the Site as to the quality or availability of the Site, in particular in the event of interruption of the link, server breakdowns, difficult or impossible connection to the Internet, etc.

4.2. The Company cannot give any guarantee as to the reliability, completeness, accuracy or topicality of all the data on the Site, whether supplied by the Company itself or by its partners. Consequently, all data appearing on the Site is provided for information purposes only. The Company may not be held liable for the incomplete or inaccurate nature of such information.

4.3. The Company may not be held liable for the presence of viruses on the Site.

4.4. The Company may not be held liable for any incompatibility, malfunction or other technical problems between use of the Site and the User’s computer equipment.

4.5. Users of the Site are liable for any damage caused by their connection to or use of the Site, whether to themselves, to third parties or to their equipment.

Article 5. Prohibited behaviour

The User may not send to or from the Site any pornographic, obscene, defamatory, insulting, invasive of privacy or image rights, threatening, harassing, illegal or other material that may constitute criminally reprehensible conduct or give rise to civil liability on the part of the Company.

Article 6. Intellectual property rights

6.1. Without this list being exhaustive, the trademarks “THE AUDIENCERS” as well as their derivatives, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site (videos, images, etc.), are the exclusive property of the Company or the Company holds the rights and authorisations necessary to use them. The Company is the owner or holder of the intellectual property rights relating to both the structure and the content of the Site, unless expressly stated otherwise.

6.2. Any reproduction or representation, in whole or in part, of the Site or its component parts, such as, but not limited to, the trademarks, logos, graphics, layout, information, presentation and content of the Site, is prohibited.

6.3. These GCU do not entail the transfer of any intellectual property rights to the User in respect of either the structure or the content of the Site. The Company only grants the User the right to consult the Site for his/her own strictly personal and private use, which the User expressly acknowledges and accepts.

6.4. The User expressly undertakes to ensure that any use made of the Site does not in any way infringe the Company’s rights, and in particular that such use does not constitute counterfeiting or unfair or parasitic competition.

Article 7. Personal data

7.1. Users may freely browse the Site’s home page and other pages which do not require registration or the provision of personal data. In order to benefit from the services offered by the Site, Users must subscribe to the Company’s services by contacting the Company directly by writing to the following e-mail address: [email protected], and by first accepting the General Terms and Conditions of Sale specific to the services offered by the Company. The personal information required for this subscription is compulsory. A valid e-mail address is required. This data is collected by the Company for the purpose of managing its relationship with the Users of the Site. The Company complies strictly with the laws in force on the collection and processing of personal data. In particular, the collection and processing of personal data implies the Users’ consent to the said collection and processing, as well as information on the recipient of the data, the purposes for which the data is collected and any other obligation provided for by legal provisions. In addition, in order to use certain services or functionalities offered free of charge by the Company on the Site, such as the sending of newsletters, the contact form and the viewing of videos demonstrating the Company’s activities, without this list being exhaustive, Users must fill in certain compulsory personal information (email address, surname and first name in particular). The personal data collected is intended exclusively for the Company, unless the User has accepted, by ticking a box, to receive commercial offers from the Company or the Company’s partners. This data is kept for the time strictly necessary for the purposes for which it is collected and processed. Users’ personal data collected hereunder is kept for up to 3 (three) years following the end of the commercial relationship or last contact between the User and the Company if the Users have agreed to its collection for commercial prospecting purposes. This processing has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL) under number 1964455v0. Pursuant to the provisions of Law no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, as amended by Law no. 2004-801 of 6 August 2004, and all other applicable provisions, including in particular the provisions of the General Data Protection Regulation, which comes into force on 25 May 2018, each User has the right to access, modify, rectify, port and delete data concerning him or her. They may thus demand that any personal data concerning them that is inaccurate, incomplete, equivocal or out of date be rectified, completed, clarified, updated or deleted. Users may also object, on legitimate grounds, to the processing of their personal data. Users may also inform the Company of the fate of their personal data in the event of their death (deletion or transmission to the heirs they have designated in particular). Users may exercise their rights by writing to the Company by email at [email protected] or by post at the following address: POOOL – 4, Allée des Prés – 33170 Gradignan. The Company will use the means at its disposal to process Users’ requests, and in particular requests for rectification and deletion of Users’ personal data. However, the Company is not obliged to respond systematically and individually to such requests from Users.

7.2. POOOL may collect personal data indirectly, by means of cookies, the management policy of which is described below. The Site may implement cookies in order to facilitate access to its services, to ensure their execution and to analyse them. This is an automatic tracking process which records information relating to browsing on the Site and stores information entered during visits to the Site in order to facilitate its use. The User’s express consent is obtained by POOOL for the placing of cookies on the User’s equipment, in accordance with legal provisions, in particular deliberation no. 2013-378 of 5 December 2013 adopting a recommendation relating to cookies and other tracers covered by article 32-III of the law of 6 January 1978. The period of consent for the deposit of the cookie is 13 (thirteen) months following its deposit on the User’s browser. The data stored in the User’s terminal or any other element used to identify Users is kept for the above-mentioned period. When this period expires, the data concerned will be deleted or made anonymous. Users may object to this and/or delete it by following the procedure indicated on their browser. Personal data collected via cookies will be collected and used under the same terms and conditions as those detailed in article 7.1 above.

Article 8. Miscellaneous provisions

8.1. If any of the provisions of these GCU were to be declared null and void or inapplicable in application of a law, regulation or following a final court ruling, it would be deemed unwritten and the other provisions would remain in force.

8.2. The contractual relationship between the Company and the User is governed solely by the provisions of these GCU.

8.3. In the event of non-compliance by the User with any of the provisions of these GCU, the Company reserves the right to suspend access to the Site by the User concerned and to initiate any action or proceedings against him/her.

Article 9. Applicable law – Disputes

These GCU are subject to French law. Only the courts of Bordeaux will have jurisdiction to hear any disputes relating to these GCU and their implementation, including their validity, interpretation, performance, termination and their consequences, except in cases where this attribution of jurisdiction would not be applicable due to the status of one of the parties.

Contact: [email protected] (DPO)