Tempolia
 

Terms and conditions

These General Conditions of Use and Sale (hereinafter referred to as "General Conditions") apply exclusively between the company Tempolia SAS, whose head office is located at 51, boulevard de Strasbourg, 75010 Paris, France, registered with the RCS of Paris, under number 479 205 452 represented by Gilles Boussin, in his capacity as president ("TEMPOLIA") and any person ("User") wishing to access the services offered by TEMPOLIA described in article 2 ("Services").

The User confirms that he accepts all the provisions of the General Conditions. If the User does not accept the terms of the Contract, he can submit his questions in the section "Contact us " but the User will not be able to access the Services.

TEMPOLIA reserves the right to modify these General Conditions at any time, by uploading the new version on the Site. The changes are effective immediately after being put online for the Services used on the day they were put online and 15 days after they were put online for the Services used before the latest version in force of the General Conditions was put online.

The User will regularly consult the General Conditions and each time he wishes to access the Services or places an order.

The provisions of the Contract are governed and interpreted in accordance with French law. The Paris Commercial Court will have express jurisdiction to rule on all disputes relating to the execution of these terms and conditions that may arise between the Parties.

ARTICLE 1: CONDITIONS OF ACCESS TO SERVICES

The Services are reserved for persons legally capable of entering into contracts under French law. Users of paid services must be professionals with the capacity to engage the company they represent.

TEMPOLIA reserves the right to cancel or terminate a registration to the extent that it discovers that it does not meet one of these conditions.

ARTICLE 2: DESCRIPTION OF SERVICES

The tempolia.fr website ("Site") is published by the Tempolia SAS company.

One of the activities of TEMPOLIA consists in publishing software for time management, activity tracking and invoicing. As such, Tempolia SAS offers on the Site Software under the name TEMPOLIA ("Software").

The use of the Software is reserved for private companies, associations, independent professionals, individual companies as well as public establishments, regardless of the place of establishment of their head office, and represented by a natural person duly authorized.

2.1 Creating an account

To access certain Services, the User must register and create an account. To this end, the User must complete all the mandatory fields appearing in the registration forms.

When registering online for the creation of an account, the User undertakes to provide true, exact, up-to-date and complete information. The User therefore undertakes not to create a false identity likely to mislead third parties and to keep the data he communicated when registering online without delay.

The User may modify their account information at any time. If the User cannot modify his information, he can contact TEMPOLIA who will provide him with the information necessary to modify this information.

During online registration, a username and password will be chosen by the User and will allow him to access the Services and manage his account so that the User alone can benefit from access to their personal information. The User can modify the information relating to his account, using his username and password.

A uniqueness check is performed by the system. For security and confidentiality reasons, only the combination of these two codes allows the User to access the Services. The username and password are proof of the identity of the User and bind him to any use made of the Services through him.

In the event that the User provides false, inaccurate, outdated, incomplete or in violation of the provisions of this article, TEMPOLIA will be entitled to suspend or terminate the User's account without delay and to refuse him immediately and for the future access to all or part of the Services.

2.2 Use of the identifier

The User refrains from attempting to mislead other users by usurping the name or corporate name of other people and / or by posing as an employee of TEMPOLIA, a service provider or a partner. Finally, the User is prohibited from using the Services as a medium for disseminating messages denigrating the Services and more generally TEMPOLIA.

The User's account and pseudonym may not be transferred or assigned to third parties.

The User must not divulge his password to anyone. TEMPOLIA will never ask the User for his password via an unsolicited telephone call or e-mail.

The User must disconnect from his session and close his browser window at the end of his work session to prevent other users from accessing his personal information.

In the event of use of the account by a third party due to the negligence of the User, the latter will bear all the consequences.

2.3 Use of the Services

The Services are provided as is by TEMPOLIA, whose liability is strictly limited to the conformity of the Services with their description on the Site and / or in a possible commercial proposal of TEMPOLIA, and in the General Conditions.

The User is fully responsible for his private or public communications through the Services.

ARTICLE 3: SPECIAL OBLIGATIONS OF THE USER

The User undertakes to provide all the information necessary for the performance of the Services, and to respond favorably to TEMPOLIA requests for information.

ARTICLE 4: SAFETY

TEMPOLIA undertakes to make its best efforts to secure access, consultation and use of the Services in accordance with the rules of use of the Internet.

TEMPOLIA is not responsible for the alteration, loss or accidental transmission of data or the sending of viruses transmitted through the posted content.

The Site is subject to a security system aimed at protecting as effectively as possible all sensitive data related to the means of payment. When paying by bank card online, the bank details are sent to the TEMPOLIA bank and not to the Site. This transmission is carried out in a secure manner thanks to data encryption by SSL (Secure Socket Layer) technology carried out by TEMPOLIA's bank. TEMPOLIA has no access to these bank details which remain exclusively in the possession of its partner bank for the purposes of carrying out the transaction.

ARTICLE 5: ANNUAL FEE

The TEMPOLIA range software comes with annual maintenance (hereafter referred to as “Maintenance”) invoiced for the first time at the time of acquisition.

Maintenance covers the following services provided by TEMPOLIA: software sustainability, software development and individual assistance, as explained below.

5.1 Software durability

Payment by all users of a regular fee ensures the ability to maintain a software maintenance team regardless of the pace of new sales. This is the first security for each user.

5.2 Software evolution

TEMPOLIA strives to regularly incorporate suggestions from users and prospects free of charge. These suggestions can be made at any time and by any means: during demonstrations or training, as part of the telephone assistance or in response to a periodic satisfaction survey.

These improvements are regularly incorporated into software, manuals and online help. They are described and made available on the User's account on the Site. Users who originate a suggestion are notified individually as soon as their suggestion is incorporated into the software.

Periodically, TEMPOLIA software is redesigned. These provide an opportunity to make in-depth changes that were not achievable in routine maintenance, for example because they called for significant changes in the file structure or a reorganization of menus. User data is converted on occasion of updates such as redesigns.

5.3 Individual assistance

This assistance is provided by telephone and internet. It is not limited to the number of calls or contacts in your company. If, however, there are an unusual number of requests, TEMPOLIA may require the User to define a single point of contact to streamline the formulation of requests, and to possibly plan paid training.

The assistance covers:

1. answers to users' questions: clarification on the configuration according to their own needs, on the editions and options offered, on the interpretation of the manual or the screen messages, etc. This level of assistance supplements the reading of the manual and the initial training.

2. technical assistance for installing the software and its settings, and for problems encountered in the use of the program (with examination and possible recovery of the files in the event that the problem encountered is not repaired by the option "Regeneration of files Included in each software).

Technical support does not cover problems related to the use of other software or the computer hardware itself.

5.4 Perimeter of the Fee

The TEMPOLIA Web offerings are always sold as a rental offer. The other products can also be sold under this model.

In the event of rental, the annual fee (hereinafter the "Fee") includes for the duration of the maintenance, in addition to the Maintenance services described above, the software license as well as hosting in the event of a loss.

5.5 Billing period

Even in the event of presentation of tariffs in monthly form, invoicing of the Fee is done annually by default. Royalties invoices are payable on time.

5.6 Price revision

The price of the Fee is subject to the price revision clause for services for renewal by tacit agreement as indicated in the article of the Financial Conditions below.

ARTICLE 6: FINANCIAL CONDITIONS

The prices are referenced in euros excluding taxes, and are automatically converted for information purposes in other currencies according to a regularly updated rate.

TEMPOLIA reserves the right to modify its prices at any time, with the exception of tacit renewals which are in turn subject to a price indexation clause indicated below.

6.1 Payment

Payments are made either by bank or postal check, or by transfer, or in cash, or via a partner organization, or via another means of payment offered by TEMPOLIA.

The credit card is debited when the order is validated. The check is debited as soon as it is received. In the case of payment by check, transfer or any other non-immediate means, the payment will only be validated when the corresponding amounts have been definitively credited to the TEMPOLIA account.

6.2 Billing

The User agrees to receive TEMPOLIA invoices in electronic format only. To receive a paper version of the invoice, the User can contact TEMPOLIA. The invoice will then be sent by post to the coordinates recorded in the User's profile.

If the Contract is preceded by an estimate, it is the validated estimate that takes the place of reference for the amount to be paid by the User. Any discounts, welcome offers or miscellaneous discounts must appear on the quote and final invoice.

6.3 Revision of the price of services for renewal by tacit agreement

The price of services subject to automatic renewal may be subject to each renewal of a revision calculated according to the following formula: P(n) = P(n-1) x S(n) / S(n -1)

Considering the following values:

P(n) = Price after revision

P(n-1) = Price applied the previous year

S(n) = The most recent French SYNTEC index known as of January 1 of the year of the revision date

S(n-1) = The most recent French SYNTEC index known on January 1 of the previous year

If the price revision carried out is lower than that provided for in the above formula, in particular and not exclusively to round the price down to a lower price, an adjustment may be applied by TEMPOLIA during the following five years.

If the index were to disappear, the President of the Paris Commercial Court has jurisdiction to substitute a new appropriate index for it.

ARTICLE 7: RESERVE OF OWNERSHIP

All production and rights relating to the Services provided by TEMPOLIA remain the full and exclusive property of TEMPOLIA as long as the invoices issued by TEMPOLIA are not paid in full by the User, up to the total amount of the order and any amendments concluded during the service. As a corollary, the User will become the de facto owner of the rights ceded from the final payment and settlement of all the invoices issued by TEMPOLIA in the context of the order. This clause will apply automatically for any estimate, commercial proposal, order or request, unless written notice refusing it by one of the two parties.

ARTICLE 8: DURATION - TERMINATION

8.1 Duration of Services

The Fee covers an initial period of twelve months, and is then renewed by tacit agreement for periods of identical durations to the initial period.

The TEMPOLIA Web offerings are always sold under the rental model.

Even in the event of presentation of rates in monthly form, the User's commitment is always on an annual basis, without calling into question the other clauses of the General Conditions.

The annual fee confers a right of use limited to one year, which includes without distinction the maintenance services and the software license, as well as hosting in the case of Web offers. For Corporate rental offers, the right of use is renewed each year by entering, within two months after expiry, a personalized code communicated upon receipt of payment of the fee.

8.2 Termination

8.2.1 Termination of Services subject to tacit renewal

Unless there are special conditions, automatic terminations of the Services are subject to thirty days notice.

The termination must be made by registered letter sent before the expiration of the current period, respecting the applicable notice.

8.2.2 Termination of Paid Services

In the event of failure by the User to one of his obligations provided for in the Contract, within fifteen (15) days of receipt of a letter (electronic or not) with acknowledgment of receipt notifying the fault (s) in question, TEMPOLIA may claim termination of the Services, subject to all damages to which it may claim. This letter will be motivated and will indicate the failure or failures noted and remained ineffective after this period.

In the context of termination for fault of the User, all sums paid to TEMPOLIA will remain acquired.

8.2.3 Termination for lack of rights

TEMPOLIA reserves the right to request the nature of the intellectual property rights of the elements supplied to it for the performance of the services. In the event of a proven problem of intellectual property rights with regard to the elements supplied by the User to TEMPOLIA, the latter reserves the right to suspend and / or definitively stop the progress of the project. In this case, the services already provided within the framework of the project must be paid within 15 days in proportion to the percentage carried out.

8.2.4 Effects of termination

In the event of termination, the User will no longer be able to access the Services. The data relating to the User will be destroyed at his request or at the expiration of the legal periods running from the termination of the User's account.

ARTICLE 9: RESPONSIBILITY

TEMPOLIA cannot be held responsible for the inadequacy of the Services to the particular objectives that the User may consider or pursue.

TEMPOLIA cannot be held responsible for any loss or alteration of data, any loss of profit, turnover, opportunity, time, or any indirect damage suffered by the User.

The amount of damages, to which TEMPOLIA could be ordered, is expressly limited, all damages and claims combined, to the amount excluding tax of the Services paid by the User in the year of the occurrence of the damage. In the event of a free service, any liability of TEMPOLIA is expressly excluded.

The User agrees to defend and indemnify TEMPOLIA (including for attorneys' fees) as well as its corporate officers, directors, agents and employees against any request or claim made by third parties, caused or resulting from a violation by the User of the Contract, or a violation by the User of any law or any right of such third parties.

ARTICLE 10: COMMERCIAL POLICY

The choice of its commercial policy is the sole responsibility of TEMPOLIA. TEMPOLIA reserves the right to modify its commercial referencing offer at any time, without however calling into question the execution of the Services in progress.

TEMPOLIA reserves the right to send e-mails to all Users in order to keep them informed of changes, modifications or additions to the Site.

ARTICLE 11: INTELLECTUAL PROPERTY

11.1 Right of use on the Site

The Site, its content, its catalog, its text, illustrations, photographs and images are the property of TEMPOLIA and / or third parties contractually linked to TEMPOLIA, holders of the intellectual property rights of the Site. It is prohibited to copy and / or download all or part of the Site, its content, its catalog, its text, illustrations, photographs and images.

TEMPOLIA grants the User a right of private, personal and non-exclusive use of the content of the Site. This right of use includes the right to reproduce for storage for the purposes of representation on a single-user screen and of reproduction, in one copy, for backup copy or printing on paper. Any networking, any redistribution, in any form, even partial, is therefore prohibited. This right is not transferable in any way. Any other use is subject to the prior and express authorization of TEMPOLIA.

The User is prohibited in particular from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting and / or distributing in any way the Services, the pages of the Site, or the computer codes of the elements composing the Services and the Site.

The User refrains from reproducing, copying, selling, reselling, or exploiting for any commercial purpose whatsoever any part of the Services, any use of the Service or any right of access to the Services.

The User therefore undertakes to:

  • Only download the content of the Site onto their computer for personal use and limited in time for the duration necessary for the use of the Services;
  • Print downloaded pages of the Site on paper only on condition that said copies are strictly limited to personal use.

The User acknowledges that the violation of one of the copyrights of TEMPOLIA constitutes an infringement of forgery punishable in France by article L 335-2 of the Code of Intellectual Property and liable to three years of imprisonment and a fine of 300,000 euros.

In addition, it is recalled that no hypertext link can return to the Site without the prior and express authorization of TEMPOLIA. In the absence of authorization, such a link is considered to constitute the offense of counterfeiting.

The User undertakes not to use software or manual processes to copy the pages of the Site or to record or collect information on these pages without the prior written consent of TEMPOLIA.

Most of the information contained on the Site is updated in real time and is licensed by Users or third parties. The User undertakes not to copy, reproduce, alter, modify, create derivative works or disclose to the public all or part of the content of the Site without the prior written consent of TEMPOLIA or that of the third parties concerned.

11.2 Counterfeit

TEMPOLIA guarantees that it is the holder of the intellectual property rights allowing it to enter into this Contract and that the Software is not liable to infringe the rights of third parties.

The User undertakes to immediately report to TEMPOLIA any infringement of the Software of which he becomes aware, TEMPOLIA then being free to take the measures it deems appropriate.

The User guarantees and will indemnify TEMPOLIA at first request against any damage suffered by TEMPOLIA and against any liability action which may be brought against TEMPOLIA on the basis of the violation of any right of a third party resulting from the use of the Services by the User.

ARTICLE 12: COMMERCIAL LICENSE

12.1 Use of the Product

TEMPOLIA reserves the right to modify the Product, to change its versions, to modify functionalities, specifications, possibilities, and all other characteristics of the Product without notifying the User. However, any element of the Product used by the User may be kept by him as is without modification and without obligation to update. Unless otherwise agreed in writing by TEMPOLIA, TEMPOLIA grants the User a license to use the Product for the sole group of companies announced by the User in the context of his order, and the companies which may in the future be added or substituted within the framework of the group of initial companies.

12.2 Intellectual and / or industrial property

This license is not a contract for the sale of the Product. It does not involve any transfer of intellectual and / or industrial property rights relating to the Product.

All the elements relating to the implementation of the Product (in particular software, source codes, applications, expertise, etc.) are and will remain the exclusive property of TEMPOLIA which reserves the right to use them for the use of their choice. Consequently, the User refrains from distributing the Product in any form whatsoever without the written authorization of TEMPOLIA.

The Contract exclusively grants the User a right to use the Software for its internal needs, and in no case access to the source code of the Software. The User undertakes to refrain from any act likely to infringe, directly or indirectly, the intellectual property rights (and, in particular, the rights attached to the brands) of the Product and associated third-party software. The trademarks of third-party companies included or used in the Product must be used in accordance with the practices in the matter, including with regard to the identification of the holders of the marks. These marks are only used to identify the products of third-party companies in the Product and this use does not confer on the User any right of ownership over the trade mark concerned. Third party software or components that come with the Product, such as third party logos and trademarks, remain the property of them.

The User does not acquire any property on any method, know-how, technology developed by TEMPOLIA on the occasion of this agreement, but only a non-exclusive right of use within the framework of the execution of this present contract only.

This contract does not grant the User any intellectual property rights over the Product.

12.3 Transfer of ownership

User is not authorized to rent, lease, sublicense or lend the Product. The rights to use the Product may in no case be transferred to a third party, whether for free or for a fee, and may not be resold and / or sublet. The User could not however transfer all his rights of use relating thereto to another natural or legal person except within the framework of a transfer of the Contract which must first be approved by TEMPOLIA.

TEMPOLIA reserves the right to assign or transfer this contract to a third party after having informed the User, without however the latter being able to oppose it.

12.4 Limitation of rights

The Product is copyrighted by TEMPOLIA and / or its suppliers. Use of the Product is governed by the terms of this contract. The end user must accept the terms of the General Conditions in order to use the Product.

Any reproduction or redistribution of the Product which does not respect the stipulations of the General Conditions is expressly prohibited by law. Anyone who does not comply with the applicable legal provisions is guilty of the offense of counterfeiting and is liable to the criminal penalties provided for by law.

COPYING, REPRODUCTION AND REDISTRIBUTION OF THE PRODUCT IS PROHIBITED WITHOUT AUTHORIZATION. IT IS HOWEVER AUTHORIZED TO COPY THE PRODUCT IN THE CONTEXT OF A CHANGE OF HOSTING OR THE INSTALLATION OF A TEST OR PREPRODUCTION ENVIRONMENT.

THE PRODUCT IS GUARANTEED ONLY IN APPLICATION OF THE TERMS OF THE GENERAL CONDITIONS. TEMPOLIA DISCLAIMS ALL IMPLIED WARRANTIES RELATING TO THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP AND NON-INFRINGEMENT.

12.5 Guarantee

The Product is designed and offered as general purpose and is not intended to meet the specific needs of a user only. The User acknowledges that the Product is not free from errors. If the Software is used outside of a Web offer, it is formally recommended by TEMPOLIA to contract an application maintenance service and regularly back up its files and data.

TEMPOLIA guarantees the following points:

a) the operation of the Product will comply, for the most part, with the description which appears in the documentation provided directly to the User or on the Site, for a period of 30 days from the date of receipt of the Product,

c) TEMPOLIA technical service personnel will use reasonable efforts to resolve any problem submitted that is reasonable and relating to the Product,

d) in the event that the Product does not comply with this warranty, TEMPOLIA reserves the right to repair or replace the Product,

e) no reimbursement procedure can be initiated without TEMPOLIA having been able to attempt to repair or replace the Software within the limits of the description provided directly to the User or on the Site.

The User acknowledges that this guarantee constitutes his only guarantee for the Product and the Services.

ARTICLE 13: PERSONAL DATA

The Parties undertake to respect, each as far as it is concerned, all the provisions applicable to them under the regulations relating to the protection of personal data, in particular the provisions of Law no. 78-17 amended relating to data processing, files and freedoms and those of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of data of a personal nature and the free movement of such data.

TEMPOLIA undertakes to ensure that the persons authorized to participate, within the framework of the Contract, in the operations of processing of personal data, are made aware of and receive appropriate training in the protection of personal data. personal.

Although TEMPOLIA makes every effort to protect the User's personal information, TEMPOLIA cannot ensure or guarantee that the information transmitted by the User, directly or through the Services, is secure during the of their transmission to TEMPOLIA.

The User therefore communicates this information at his own risk. Upon receipt of the data, TEMPOLIA undertakes to ensure their security on its systems.

TEMPOLIA guarantees that it will not use or transmit to third parties any personal data of the Customer that it processes, either as a data controller or as a subcontractor within the meaning of the relative regulations. to data protection.

13.1 Personal data relating to Users

In order to register and access the Services, the User provides a certain number of data concerning him.

These personal data are processed by TEMPOLIA to allow access to the Services, to manage subscriptions to the Services and its commercial relations with Users.

The data is also stored for security and archiving purposes according to applicable laws and regulations. The computerized registers are kept in the computer systems under reasonable security conditions and will be considered as proof of order and payment. The invoices are archived on a reliable and durable medium so as to correspond to a faithful and durable copy, in accordance with article 1348 of the civil code.

TEMPOLIA undertakes to implement and enforce the security measures it deems necessary in order to ensure the confidentiality of the data collected on the Site for the duration of their processing.

In accordance with articles 38 and following of Law n°78-17 of January 6, 1978, the User has the right to access and rectify data concerning him as well as a right of opposition to legitimate reasons for their data to be processed by TEMPOLIA. This right may be exercised by sending a message in the section "Contact us", or by writing to the address indicated in the preamble of the General Conditions. If the User objects to his personal data being processed by TEMPOLIA, he will not be able to access the Services.

The User is informed that TEMPOLIA may communicate his contact details and personal data at the request of the judicial authorities.

13.2 Personal data processed in connection with the use of the Software

As part of the use of the Software, the Customer may be required to process personal data, in particular data relating to invoicing or time management.

In its capacity as a “subcontractor” within the meaning of Law N°78-17 and Regulation (EU) 2016/679, TEMPOLIA undertakes to:

a) to process, within the framework of this Contract, personal data only on the documented instruction of the Client, who is responsible for the processing, including with regard to transfers of personal data to a third country or to an international organization, unless it is required to do so under Union or French law; in this case, TEMPOLIA informs the Client of this legal obligation before processing, unless the law concerned prohibits such information for important reasons of public interest;

b) ensure that the persons authorized to process personal data under the Contract undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality;

c) take all measures required under Article 32 of Regulation (EU) 2016/679, in particular:

  • implement the appropriate technical and organizational measures to guarantee a level of security adapted to the risk;
  • take measures to ensure that any natural person acting under his authority, who has access to personal data, does not process it, except on the instructions of the Client, unless required to do so by French law or European Union law;

d) in the event of use of one or more subcontractors:

  • not to recruit a subcontractor without the prior written authorization, specific or general, of the Client. In the case of a general written authorization, TEMPOLIA informs the Client of any planned change concerning the addition or replacement of other subcontractors, thus giving the Client the possibility of raising objections against these changes;
  • when a subcontractor is recruited by TEMPOLIA to carry out specific processing activities on behalf of the Client, impose on this subcontractor the same obligations in terms of data protection as those stipulated in this Article, in particular with regard to providing sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the regulations relating to the protection of personal data;

e) help the Customer as far as possible to fulfill his obligation to respond to requests made by data subjects in order to exercise their rights (right of access, rectification, erasure and opposition, right to restriction of processing, right to data portability, right not to be the subject of an automated individual decision, including profiling). In the event that a person concerned by the processing of personal data would contact TEMPOLIA directly to exercise their rights, TEMPOLIA will send this request to the Client, upon receipt by email to the usual contact address, or at any other address indicated by the Customer;

f) help the Customer to ensure compliance with the regulations relating to the protection of personal data, and in particular the obligations provided for in Articles 32 to 36 of Regulation (EU) 2016/679, taking into account the nature of the processing and information available to TEMPOLIA, in particular helping the Client, if necessary and on request, to ensure compliance with its obligations arising from the performance of impact assessments relating to data protection and the prior consultation of National Commission for Informatics and Liberties (CNIL);

g) depending on the Customer's choice, delete all personal data upon termination of the Contract, or return them to him and destroy the existing copies, unless French law or European Union law does not requires the retention of personal data;

h) make available to the Client all the information necessary to demonstrate compliance with the obligations provided for in this Article and to allow audits, including inspections, to be carried out by the Client or another auditor he has mandated, and contribute to these audits. As such, TEMPOLIA immediately informs the Client that an instruction from the latter would constitute, according to it, a violation of the regulations relating to the protection of personal data.

In the event that TEMPOLIA becomes aware, within the framework of the Contract, of a personal data breach, it undertakes to notify this data breach to the Client as soon as possible and to provide the Client with all information that will enable it to meet its own obligations.

TEMPOLIA declares to keep a register of all categories of processing activities carried out on behalf of the Client, including:

  • the name and contact details of the subcontractor (s) as well as, where applicable, the names and contact details of the representative of the Client or of the subcontractor and those of their possible data protection officer;
  • the categories of processing carried out on behalf of the Client;
  • where applicable, transfers of personal data to a third country or to an international organization, including the identification of that third country or that international organization and, in the case of transfers referred to in Article 49, paragraph 1, second subparagraph, of Regulation (EU) 2016/679, the documents attesting to the existence of appropriate guarantees;
  • as far as possible, a general description of the technical and organizational security measures referred to in Article 32, paragraph 1 of Regulation (EU) 2016/679.

The Customer remains the owner of the data that it processes using the software provided by TEMPOLIA.

ARTICLE 14: COOKIES

TEMPOLIA automatically records certain data relating to the User's habits on the Site. This data is used internally to compile statistics on users, their interests and their behavior. This data is compiled and analyzed as a whole, and may include URLs and IP addresses.

As such, the User is informed that standard navigation software has a function to prevent the registration of cookies.

If the browser is configured to refuse them, access to the Services may be impaired or even impossible.

ARTICLE 15: HYPERTEXT LINKS AND ADVERTISEMENTS

The Site may offer hypertext links to sites published by third parties. TEMPOLIA can in no way be held responsible for the content or actions of these sites.

TEMPOLIA is in no way responsible for the content of the advertising spaces on the Site, nor for any transactions that may take place with the companies occupying these spaces.

ARTICLE 16: CONFIDENTIALITY

The User and TEMPOLIA undertake to consider as strictly confidential all information of which they may have knowledge in the context of the proper performance of the Services and refrain from disclosing it to anyone, and in any capacity. whether, directly or indirectly, for the duration of the Services and for a period of 3 years from the end of the Services.

The User refrains from copying, transcribing or using the know-how of TEMPOLIA for the benefit of any website other than that or those referred to in the Contract and any related document.

ARTICLE 17: COMPLIANCE WITH REGULATIONS

The User expressly acknowledges and accepts that the use of the Services by the User may result in a qualification of "merchant" within the meaning of Article L121-1 of the Commercial Code. The User is solely responsible for the legal consequences related to the use of the Services.

The User remains fully responsible for the use he makes of the Services and their compliance with applicable regulations.

ARTICLE 18: FORCE MAJEURE

In the event that an event of force majeure occurs during the duration of the subscription to the Services, the execution of the latter is initially suspended. If the event of force majeure lasts for more than fifteen (15) days, each of the Parties may terminate the Contract by email with acknowledgment of receipt without the other Party being able to claim damages from this made.

The cases of force majeure will include in particular, in addition to the cases recognized by the jurisprudence of the French courts and tribunals, all natural disasters, all acts of war, attacks on public order, epidemics, fires, floods and other disasters, all government acts, all strikes, lockouts, as well as all electrical and technical problems external to the parties preventing communications.

ARTICLE 19: NO SOLICITATION OF PERSONNEL

Unless the Parties have mutually agreed in writing, TEMPOLIA and the User expressly refrain, throughout the duration of the Services and during the 12 months from their termination, to solicit for a hiring or directly or indirectly hire any employee of the other Party assigned to the Services. In the event of infringement of this prohibition, the defaulting party will pay the other party compensation equal to 12 months of gross salary for the staff in question.

ARTICLE 20: MISCELLANEOUS

The User accepts that the Contract may freely and automatically be transferred by TEMPOLIA to a third party in the event of a merger or acquisition.

The titles of the various articles appearing in the Contract are purely indicative and do not necessarily determine the content of the articles to which they refer.

Any tolerance for a breach of the provisions of the Contract by the User or a third party will not be considered as a tolerance for any other similar or subsequent breach.

The Contract and the documents incorporated by reference constitute the entire agreement between the Parties.

The nullity or unenforceability of a clause of the Contract does not imply the nullity or unenforceability of all the General Conditions.

In the event that one of the terms of the Contract is considered to be illegal, unenforceable or unenforceable by a court decision, the other provisions of the Contract will remain in force, provided that the general scheme of the Contract is not shaken.