Terms and conditions

CGUV GOOD PAYEUR ® ed.2019.08.15

INTRODUCTORY ARTICLE: Definitions

« Opinion »:review given by a User when they declare a Claim on the Platform.

« BAD PAYEUR » or « BAD PAYEUR ® » :The company BAD PAYEUR SAS with a capital of 38,400.00 euros, whose registered office is located at

Hôtel Technologique – CS 10002 – 45 Rue Joliot Curie

Technopôle de Château-Gombert
13382 Marseille Cedex 13, FRANCE

, Registered with the Trade and Companies Registry of Marseille under the number 825 131 329.

« GTCSU » :the present General Terms and Conditions of Sale and Use of the Website.

«Commission » :N/A

« Claim » : amount owed by a Debtor to the User declared on the Platform. The Creditor declares that this claim is liquid, certain and due.

« Creditor »: User who has declared a Claim on the Platform.

« Debtor » : any legal entity with a SIRET number declared as such by a User on the Platform (commercial company; local authority; Public, Industrial and Commercial Institution; Public Administrative Institution (…); or any foreign company complying with the laws of its country of establishment).

« Platform » or « Website » :website accessible at the URL : www.goodpayeur.com.

« Service(s) » : services accessible and described on the Platform that can be ordered by the User.

« Protection » : the User’s use of the GOODPayeur® protection logo after downloading it from the Platform.

« User » : any legal entity or natural person who uses the services of the  www.goodpayeur.com  website after having opened an account online.

« Customer » :any natural person or legal entity receiving reminders scheduled and issued by the User through GOODPayeur®.

« Score » : result of the GOODPayeur® algorithm assessing the reliability of the payment practices of a business, natural person or legal entity.

« Algorithm » : mathematical equation using public data, provided by Users, or provided by GOODPayeur® partners to produce the GOODPayeur® Score.

« Final recipient » : any customer or subscriber of the User, with whom it is bound by contract and appearing in the Database of Services.

« Email »   : any email sent via the Platform within the framework of the Service, at the request of the User, in the name and on behalf of the User, to the email address of a Final Recipient.

« Message » or « SMS Message » : any message sent via the Platform within the framework of the Service, at the request of the User, in the name and on behalf of the User, in SMS format, to the mobile phone number of a Final Recipient.

ARTICLE 1 - Scope

The Conditions (GTCSU) apply, without restriction or reservation to any order for GOODPayeur® Services, offered by BAD PAYEUR SAS (hereinafter referred to as “GOODPayeur®”) to Users or on the Website.

The User is required to read them before placing an order. The choice and ordering of a Service is the sole responsibility of the User.

These GTCSU apply, to the exclusion of all other conditions, and in particular those applicable for other marketing channels for the Services.

These GTCSU are accessible at any time on the website and will prevail, as applicable, over any other version or any other contradictory document.

Unless proven otherwise, the data recorded in the GOODPayeur® computer system constitutes proof of all transactions concluded with the User.

In accordance with the French Data Protection Act of 6 January 1978, the User is entitled, at any time, to access, correct and challenge their personal data by writing, by mail and by providing proof of identity, to:

BAD PAYEUR SAS
Hôtel Technologique – CS 10002 – 45 Rue Joliot Curie
Technopôle de Château-Gombert
13382 Marseille Cedex 13, FRANCE

[email protected]

The User declares that he is aware of the GTCSU and has accepted them by checking the box provided for this purpose before carrying out the online ordering procedure. Unless proven otherwise, the data recorded by GOOD PAYEUR constitutes proof of all transactions made by GOOD PAYEUR and the User via the Website.

The validation of the order of Services by the User implies acceptance without restriction or reservation of these GTCSU.

The User acknowledges having the capacity required to enter into contract and acquire the Services offered on the Website.

As these GTCSU may be subject to subsequent amendments, the version applicable to the User’s purchase is that in force on the website on the date of subscribing for a Service.

All the Services presented on the Website are offered for the following territories only:

France

For any other country, if customs duties or other local taxes or import duties or state taxes were to be payable, they would be chargeable and would be the sole responsibility of the User.

ARTICLE 2 - Orders

The User shall select on the Website the Services it wishes to order, according to the methods defined in article 5.

The contractual information is presented in French and shall be confirmed at the latest at the time when the User validates the order.

For orders placed exclusively on the internet, an order is registered on the GOODPayeur® website when the User accepts these GTCSU by checking the box provided for this purpose and confirming the order. The User has the possibility to check the details of the order, its total price and to correct any errors before confirming acceptance (Article 1127-2 of the Civil Code). This validation implies acceptance of all of these GTCSU and constitutes proof of the sales contract.

It is therefore up to the User to check the accuracy of the order and immediately report any errors.

The sale of Services will only be considered final once confirmation of acceptance of the order has been sent to the User by GOODPayeur®, by email and after receipt by the latter of the full price and after receipt by the latter of the entire down payment due.

Any order placed on the Website constitutes the formation of an online contract between the User and GOODPayeur®.

GOODPayeur® reserves the right to cancel or refuse any order from a User with whom there is a dispute relating to the payment of a previous order.

Signing up for a GOODPayeur® subscription is subject to an automatic monthly renewal. The subscriber can cancel the subscription at any time without notice. This cancellation will be effective the following month. No reimbursement can be granted for a monthly payment covering a month that has already started.

ARTICLE 3 - Fees

The Services offered by GOODPayeur® are provided at the rates in force on the Website, when the User subscribes to a Service. The prices are expressed in Euros, without tax and all taxes included.

The prices take into account any reductions which may be granted by GOODPayeur® under the conditions specified on the Website.

These prices are firm and not subject to revision during their period of validity, as indicated on the Website. GOODPayeur® reserves the right, outside this period of validity, to change the prices at any time.

An invoice is established by GOODPayeur® and sent to the User when providing the Services ordered.

ARTICLE 4 - Payment conditions

The price is payable in full on the day the User places the order , according to the terms specified in the article “Orders” above, by secure payment using a bank card: Visa or MasterCard.

Notwithstanding the foregoing, the Services subject to a Commission shall be paid to GOODPayeur® within a maximum period of 15 days from the due date of the Commission as of the collection of all or part of the amounts due to  GOODPayeur®

Payment data is exchanged in encrypted mode using the "HTTPS" protocol.

GOODPayeur® will not be required to provide the Services ordered by the User if the price has not been previously paid in full under the conditions set out above

Payments made by the User will only be considered final after effective collection of the sums due by GOODPayeur®.

In the event of late payment and payment of the sums due by the User beyond the deadline set above, and after the payment date appearing on the invoice sent to them, late payment penalties calculated at the monthly rate of 12% of the amount including tax of the price of the provision of the Services, will be automatically imposed ipso jure by GOODPayeur®, without any formality or prior notice. Late payment will result in all the amounts owed by the User becoming immediately due, without prejudice to any other legal action that GOODPayeur® would be entitled to take, in this respect, against the User.

In addition, GOODPayeur® reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the User and/or to suspend the performance of its obligations.

No additional costs, higher than the costs borne by GOODPayeur® for the use of a means of payment, may be billed to the User

ARTICLE 5 - Provision of Services

5.1 - Use of the payment reminder and recommendation tool

The Services ordered by the User, which include the Services of:

5.1.1 - Description of use of the payment reminder and recommendation tool

The User must:

5.1.2 - Use of SMS

The Platform allows the User to order the sending of SMS messages (short message service or text messages) and emails to his own customers. GOODPayeur Users have accepted conditions stating that recipients of SMS messages have previously agreed to receive messages from them on their mobile phone numbers or only target telephone lines or business addresses.

The SMS and email messages that the Platform allows its Users to send via this service are information messages on their current contracts, reminders of unpaid bills, and prospecting messages for offers of products or services related to current contracts.

In addition, in any event, a Message can only be sent to Final Recipients whose contact details and, in particular, mobile phone number have been collected and are processed by the User in compliance with Law No. 78-17 of 6 January 1978, known as the “French Data Protection Act”, and who gave their prior consent to receive messages from the User on their mobile telephone number, in relation to the subject of the Message. The CUSTOMER undertakes to scrupulously respect these conditions and holds BAD PAYEUR SAS harmless in this regard.

At the request of BAD PAYEUR SAS, at any time and in particular in the event of a complaint from a Recipient or a request from a telephone operator, the User undertakes to provide BAD PAYEUR SAS with proof of compliance with these rules within 24 hours (proof of prior consent, source and origin of consent, proof of compliance with “Data Protection” obligations). This proof can be forwarded by BAD PAYEUR SAS to the Operators who request it. In the absence of this proof within the aforementioned period, BAD PAYEUR SAS will have the right to temporarily suspend the provision of the Service or to terminate the Contract with immediate effect without the User being able to claim compensation or reimbursement.

Each Party must immediately inform the other Party of any complaint or claim made by a Recipient of which it becomes aware.

The User is responsible for the use he makes of the SMS payment reminder tool. BAD PAYEUR SAS shall not be held liable under any circumstances due to misuse of the Platform by the User or by a third party.

5.1.3 - Debtor/Customer status:

In the event of payment of his Invoice/Debt, the Creditor/User must change the Debtor’s status, the Algorithm establishing the GOODPayeur® Score of the Debtor company/Customer will take into account the updating of this status.

The User undertakes to change the Debtor’s status from the moment the Debtor’s Debt has been paid. GOODPayeur® will automatically change the status if payment has been made via the Platform. Otherwise, it will be the sole responsibility of the Creditor to change the status of their Debtor.

The User acknowledges that only payment or a court decision may force GOODPayeur® to modify the debtor’s profile.

Any use of the Platform is made under the responsibility of the User who acknowledges having been duly informed of his status as a data publisher and that in no case shall the GOODPayeur® or BAD PAYEUR SAS Platform have this capacity.

BAD PAYEUR SAS is a data host in accordance with the provisions of the French LCEN law. The User agrees not to introduce BAD PAYEUR SAS as a third party in any proceedings which that may be brought by a Debtor/Customer or another User. GOODPayeur® has no subjective or qualitative assessment, since its role is limited to operating the Algorithm that establishes the GOODPayeur® Score, verifying that the fields of the declaration have all been completed by the User, and verifying that in the event of objection from the Debtor, the supporting information about the Creditor/User correspond to the information requested. In addition, in the event of an abuse or error being reported by a User, BAD PAYEUR SAS will make every effort to correct the situation in the event of a manifestly unlawful interference, in accordance with the provisions of the LCEN law.

GOODPayeur® is not a collection company, but a web platform that allows the User to send payment reminders for invoices using an automated tool, by email and by SMS, for Claims that are uncontested, liquid and enforceable against the Customers/Debtors.

GOODPayeur® also makes it possible to control the result of the Algorithm in the company profiles and in detailed reports.

5.1.4 - Declaration by the User

By using the Platform, the User declares that:

5.1.5 - Data transmitted

The User declares that the data transmitted is accurate and lawful and transmitted under their sole responsibility. This data transmitted is not considered as a database protected by an intellectual property right. All rights to use this data are transferred to BAD PAYEUR SAS.

Whether or not this data is considered to constitute a database belonging to the User or covered by an intellectual property right, the latter grants to BAD PAYEUR SAS a free, irrevocable, worldwide, transferable licence over said data, with the option of granting sub-licences. This licence includes the rights of use and commercial exploitation, in all forms, even not foreseen or unforeseeable at the date of acceptance of the GTCSU; the reproduction rights, by all means and on all media, known and unknown at the date of acceptance of the GTCSU; the rights of representation by all processes, known and unknown at the date of acceptance of the GTCSU, including by radio, cable, satellite, etc.; the rights of modification, adaptation, translation, change, addition, deletion, of all or part of the data; the rights of inclusion, in whole or in part, in any pre-existing work or work to be created; and in general, all of the author's patrimonial prerogatives over said data.

5.2 - Services giving access to GOODPayeur® Reports

This service will be provided upon subscription to the corresponding GOODPayeur® offer.

GOODPayeur® undertakes to do its utmost to provide the Services ordered by the User, within the framework of an obligation of means and within the times specified above.

If the services ordered have not been provided within 7 days after the indicative time frame specified above, for any reason other than force majeure or the actions of the User, the sale may be terminated upon written request of the User under the conditions provided for in articles L 216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by the User will then be returned to the User at the latest within fourteen days of the date of termination of the contract, without any compensation or deduction.

5.2.1.1 - the consultation of data relating to companies listed in the BAD PAYEUR® database

5.2.1.2 - ordering a detailed report revealing the GOODPayeur® score of the company concerned by the report

5.2.2 - monitoring of the company and sending notifications by e-mail to the User in the event of an update to the company profile concerned

Service 5.2.1.1 will be provided as soon as the User has entered the SIRET number of the company being searched or its corporate name.

Service 5.2.1.2 will be provided upon subscription to the corresponding GOODPayeur® offer.

Service 5.2.2 will be performed as and when the GOODPayeur® database is updated and after the User has filled in the fields concerned for the companies it wishes to have monitored.

GOODPayeur® undertakes to do its utmost to provide the Services ordered by the User, within the framework of an obligation of means and within the time frames specified above.

If the services ordered have not been provided within 7 days after the indicative time frame specified above, for any reason other than force majeure or the actions of the User, the sale may be terminated upon written request of the User under the conditions provided for in articles L 216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by the User will then be returned to the User at the latest within fourteen days of the date of termination of the contract, without any compensation or deduction.

Name - Company name: BAD PAYEUR

Corporate structure: A Société par Actions Simplifiée (simplified joint-stock company) (SAS),

Share capital: 38,400.00 euros

Hôtel Technologique – CS 10002 – 45 Rue Joliot Curie
Technopôle de Château-Gombert
13382 Marseille Cedex 13, FRANCE,

Registered with the Trade and Companies Registry of Marseille under the number 825 131 329.

In the absence of reservations or claims expressly issued by the User at the time of receiving the Services, said Services shall be deemed to comply with the order in terms of quantity and quality.

The User will have a period of 24 hours from the provision of the Services to issue, in writing, such reservations or complaints, with all supporting documents relating thereto, to GOODPayeur®.

No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the User.

For any Services that the User has duly proven are not in conformity, GOODPayeur® will reimburse the User or correct the Services (insofar as possible) as soon as possible and at its expense, according to a suitable manner that has been duly approved by the User.

5.3 - Monitoring by email alerts

This service will be performed as and when the GOODPayeur® database is updated and after the User has filled in the fields concerned for the companies it wishes to have monitored.

5.4 - Protection Service

The User can download the GOODPayeur® protection logo free of charge in order to affix it to its invoices. This right of use granted to the User is free of charge, for an indefinite period, provisional, revocable, strictly conditional on the fact that the User has a User account. The logo may not be affixed on any medium other than the User’s invoices. Use of the logo shall be under the responsibility of the User. The User agrees to change the logo at first request, notification, from BAD PAYEUR SAS in order to bring it into conformity with any new logo offered by GOODPayeur® as part of the service.

5.5 - API service

These terms and conditions also apply in full to users of our services accessible by API.

To access our API, you must have a key, provided as part of a customised contract entered into between BAD PAYEUR and your company.

Technical documentation will be provided prior to the signing of the contract.

5.6 - Specific developments

BAD PAYEUR may need to provide specific customised development services in order to integrate its services into a User’s software. BAD PAYEUR remains the owner of all of the source code, databases used to carry out the specific development, unless stated otherwise and specific agreements are made.

5.7 - Consulting services

BAD PAYEUR may be required to provide consulting services in Credit management & Finance. This consulting support aims to allow GOODPayeur® to smoothly achieve its objectives and may conflict with other interests of the company that benefits from such consulting services. However, BAD PAYEUR does not have access to all the information to be able to protect the company which benefits from such advice; and therefore, the signatory of these terms and conditions cannot hold BAD PAYEUR liable for any damage which results directly or indirectly from the advice offered.

ARTICLE 6 - Right of cancellation

Given the nature of the services provided, orders placed by the User do not benefit from the right of cancellation. The contract is therefore definitively concluded once one or more of the Services has been validated by the User according to the terms specified in these GTCSU and on the Platform.

ARTICLE 7 - Responsibility of GOODPayeur® - Guarantee

In accordance with the legal provisions and without additional payment, BAD PAYEUR® guarantees the User against any lack of conformity arising from a failure to perform the Services ordered under the conditions and according to the terms defined in the appendix to these GTCSU.

In order to assert their rights, the User must inform GOODPayeur®, in writing, of the existence of conformity defects within a maximum period of 8 days from the provision of the Services.

For any Services deemed deficient, GOODPayeur® will issue a reimbursement to the User or correct or have the Services corrected (to the extent possible) as soon as possible and at the latest within 30 days of the observation by BAD PAYEUR® of the defect or flaw. Reimbursement will be made by adding tokens to the User's bank account or by bank check sent to the User.

The GOODPayeur® guarantee is limited to the reimbursement of the Services actually paid for by the User and GOODPayeur® cannot be held responsible or considered to be in breach for any delay or non-performance following the occurrence of an event of force majeure, such as this term is usually recognised by the French case law.

The Services provided through the Website www.goodpayeur.com comply with the regulations in force in France. GOODPayeur® cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided. It is therefore the User's sole responsibility to verify the legislation in the country for which the User chooses the Services requested.

The GOODPayeur® Score is calculated automatically according to an algorithm which uses the data made available publicly, via the GOODPayeur® services or provided by the partners of BAD PAYEUR SAS. It is the result of an automatic process, continuously improved, updated in real time. As this is an automatic process without a priori  human control, BAD PAYEUR SAS is not responsible for the result produced by the GOODPayeur® algorithm defining the GOODPayeur® Score.

BAD PAYEUR SAS provides the User with a configurable and automatic tool for sending emails and SMS. The User is solely responsible for sending these messages.

ARTICLE 8 - Personal Data Protection

Pursuant to the French Data Protection Act 78-17 of 6 January 1978, it is recalled that the personal data that are requested from the User are necessary for the processing of the User’s order and the preparation of invoices, in particular.

This data can be communicated to any BAD PAYEUR SAS partners responsible for the execution, processing, management and payment of orders.

In accordance with current national and European regulations, the User has the right to access, change, correct and challenge at any time to the information concerning him.

This right can be exercised under the conditions and according to the procedures defined on the Website.

The consent of the persons concerned, necessary for the use of our services, has been obtained for the data transmitted by Users about their customer’s companies, if such data can be linked to a natural person having similar rights to the User over their personal data. With the objective that GOODPayeur® remains compliant with Privacy by Design, , the User agrees to give preference to the use of company data, and not that associated with physical persons.

ARTICLE 9 - Intellectual property

The content of the Website is owned by BAD PAYEUR SAS and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

In addition, GOODPayeur® remains the owner of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the User) for the provision of the Services to the User. The User shall therefore refrain from making any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, written and prior authorisation of GOODPayeur® which may make such authorisation contingent on financial compensation.

ARTICLE 10 - Compulsory specific performance

The non-breaching Party may, in the event of non-performance of any of the obligations incumbent on the other Party, request the termination of the contract according to the terms defined in the article “Termination due to a party’s breach of its obligations”.

ARTICLE 11 - Applicable law - Language

These GTCSU and the operations which ensue hereunder are governed by and subject to French law.

These GTCSU are written in French. In the case where they are translated into other languages, only the French version will be binding on the parties in the event of dispute.

ARTICLE 12 – Disputes

Any disputes to which the purchase and sale operations concluded in accordance with these GTCSU may give rise, concerning their validity, interpretation, execution, termination, consequences and after-effects, and which cannot be resolved between the seller and the User, will be subject to the competent courts under the conditions of ordinary law.

Only the Commercial Court of Marseille will have jurisdiction when the User is a merchant.

The User is informed that they may, in any event, have recourse to conventional mediation, in particular with the Consumer Mediation Commission (French Consumer Code Art. L 612-1) or with the existing sectoral mediation bodies, whose references appear on the website www.goodpayeur.com, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

ARTICLE 13 - Pre-contractual information - The User’s acceptance

The User acknowledges that, prior to placing their order and concluding the contract, they have received a legible and understandable copy of these GTCSU and all the information listed in article L. 221-5 of the French Consumer Code, and in particular the following information:

the essential characteristics of the Services, taking into account the medium of communication used and the Service concerned;

the price of the Services and related costs (delivery, for example);

in the absence of immediate performance of the contract, the date or the period by which GOODPayeur® undertakes to provide the Services ordered;

information relating to the identity of GOODPayeur®, its mailing address, telephone number and email address, and its activities, if they are not apparent from the context,

information relating to the legal and contractual guarantees and the conditions for their implementation;

the functionality of the digital content and, where applicable, its interoperability;

the possibility of resorting to conventional mediation in the event of a dispute;

information relating to the right of cancellation (existence, conditions, deadline, procedures for exercising this right and standard cancellation form), the conditions for termination and other important contractual conditions.

the methods of payment accepted.

A physical person (or a legal entity) placing an order on the website www.goodpayeur.com implies full acceptance and adherence to these GTCSU and the obligation to pay for the Services ordered, which is expressly acknowledged by the User, who waives, in particular, the right to assert any contradictory document, which would be unenforceable against the Service Provider.

ARTICLE 14 - Conditions of access to the Services on the Platform

Certain features of the Services are accessible free of charge to any User with an Internet connection; whereas they must pay for the related costs of access, whether hardware or software costs, etc. The User is solely responsible for the operation of their IT equipment and internet connection. Certain features of the Services require payment.

To access the Services, the User must provide a certain amount of information. The User undertakes to ensure that this information is specific, accurate and up to date.

Access to the Services requires the use of a user name and password: The password is confidential information which must be kept secret. The User undertakes to keep their password confidential and not to disclose it in any form whatsoever. The User must take all the necessary measures to protect their own data against any attack.

The User undertakes to access the service only through the interface offered and not to use or attempt to use automated means ( scripts and crawlers).

The User agrees to receive administration, information and news emails.

The Website installs cookies on the User’s Internet browser to allow it to function and be used properly. Some of these cookies are used to measure audience and improve the platform. We do not currently use remarketing cookies. We do not track the User outside the Platform.

GOODPayeur® prerogatives

GOODPayeur® may modify the provisions of this contract at any time and will inform the User of such changes. Use of the Service, after these changes have been made, constitutes the User’s consent.

GOODPayeur® may modify and improve the Services at its sole discretion.

Should any User fail to comply with the GTCSU, GOODPayeur® reserves the right to unilaterally deny and/or remove said User’s access to the Service without prior notice.

GOODPayeur® reserves the right to interrupt, temporarily suspend or modify access to all or part of the Service, without prior notice, in order to ensure its maintenance or for any other reason, without the interruption giving entitlement to any obligation or compensation.

Responsibility of GOODPayeur®

GOODPayeur® implements all reasonable means at its disposal to ensure quality access to the Service, but is under no obligation to do so.

GOODPayeur® cannot, moreover, be held responsible for any malfunction of the network or the servers or any other event beyond its reasonable control, which would prevent or impair access to the Services.

GOODPayeur® is not responsible for the content accessible to the User through the features of its Service.

The Service offers hypertext links to websites published and/or managed by third parties and no control is exercised over these external resources. The User acknowledges that GOODPayeur® cannot assume any responsibility for the provision of these resources and their content.

GOODPayeur® is not responsible for the content disseminated by the User(s) through the features of its Services. GOODPayeur® does not carry out any moderation activities without notification, respecting the legal forms and referring to manifestly illegal content.

GOODPayeur® cannot guarantee the accuracy of the information accessible via the Service and such information should not be construed as any advice or recommendation.

GOODPayeur® cannot be held liable for damages - direct or indirect - whatever their nature, resulting from unavailability of the Services or use of the Services, whether this use is lawful or not.

GOODPayeur® cannot be held liable for damages arising from the transfer of any information, including that of the user’s user name and/or password, via the Service.

And more generally, GOODPayeur® cannot be held responsible for any damage resulting from an attack on its Services or a breach of these GTCSU by a third party.

GOODPayeur® cannot be held liable because an advertiser has not respected their commitments concerning an offer which may or may not concern the Service.

GOODPayeur® cannot be held liable in the event of force majeure or events beyond its control.

Obligations of the User

The User undertakes to comply with the provisions of this agreement and to comply with all the regulations in force in France.

The use of the Service by the User must not violate the national and international laws, regulations, charters of use or ethics, in force. Any content intended to incite crimes and offences, or incite racial hatred, suicide or the denial of crimes against humanity, or containing elements of child pornography or which attacks human dignity, is strictly prohibited.

By his behaviour and the information he disseminates, the User undertakes not to infringe the rights of third parties, in particular by: disseminating material that is protected by an intellectual, literary, artistic or industrial property right; or by disseminating information, images or sounds similar to violations of the press laws, such as defamation, insult or that can be qualified as denigration or invasion of privacy, public order and common decency.

The User therefore understands that the data circulating on the Internet can, likewise, be regulated in terms of use or protected by a property right.

The User acknowledges that he alone is responsible for the data he consults, stores and publishes via the Service provided. Thus, the User shall hold GOODPayeur® harmless against any recourse by a third party against GOODPayeur®. This guarantee includes legal costs and the fees of lawyers, bailiffs and experts called upon to defend GOODPayeur®.

The User undertakes to indemnify GOODPayeur® against any negative consequences linked directly or indirectly to the use he makes of the Service.

The User admits to knowing the risks specific to the Internet network and the limits in terms of data security. As such, the User particularly recognises that it is impossible to fully guarantee the security of all data exchanges.

APPENDIX - Personal data collected for the use of the Platform

 

0.1- Collection of Personal Data

The Personal Data that is collected on this website (or “Platform”) is as follows:

Opening an account

When creating the User's account, the User's first and last name, email address and date of birth are required.

Sign in

When the User connects to the Platform, the Platform records, in particular, the User's first and last name, connection, use, location data and payment data.

Profile

The use of the services provided on the Platform makes it possible to fill in a profile, which may include an address and a telephone number.

Payment

In the context of paying for the products and services offered on the Platform, the Platform records financial data relating to the use of the Payment Tokens.

Cookies

Cookies are used in connection with the use of the website. The User has the option of disabling the cookies in their browser settings. However, if the User disables the cookies, this may prevent the use of the services provided on www.goodpayeur.com

0.2 - Use of Personal Data

Personal Data is collected from Users for the purpose of providing the services of the Platform, improving them and maintaining a secure environment.

More specifically, the uses are as follows:

- access and use of the Platform by the User

- management of the operation and optimisation of the Platform

- organisation of the conditions of use of the Payment Services

- verification, identification and authentication of the data transmitted by the User

- implementation of User assistance

- personalisation of the services by displaying advertisements according to the User's browsing history, according to their preferences

- prevention and detection of fraud, malware (malicious software) and management of security incidents

- management of any disputes with Users

- sending of commercial and advertising information, according to the User's preferences.

0.3 - Sharing of Personal Data with third parties

Personal Data may be shared with third-party companies in the following cases:

- when the User authorises a third-party website to access his data;

- when the Platform uses the services of providers to provide User assistance, advertising and payment services. These service providers have limited access to the User’s data, in the context of performing these services, and have a contractual obligation to use said data in accordance with the provisions of the applicable regulations on personal data protection;

- if required by law, the Platform may transmit data to follow up on complaints presented against the Platform and to comply with administrative and legal proceedings;

- if the Platform is involved in a merger, acquisition, disposal of assets or bankruptcy procedure, it may be required to sell or share all or part of its assets, including Personal Data. In this case, Users will be informed before the Personal Data is transferred to a third party.

0.4- Security and confidentiality

The Platform implements organisational, technical, software and physical measures in terms of digital security to protect Personal Data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and that the Platform cannot guarantee the security of the transmission or storage of information on the Internet.

0.5 - Implementation of Users' rights

In application of the regulations applicable to Personal Data, Users have the following rights:

- they can update or delete Data concerning them by logging into their account and configuring the settings for their account;

- they can delete their account, by writing to the following email address: [email protected]

- they can exercise their right of access, to know the Personal Data concerning them, by writing to the following email address: [email protected]

In this case, before the implementation of this right, the Platform may request proof of the User's identity in order to verify accuracy

- if the Personal Data held by the Platform is inaccurate, they may request that their information be updated, by writing to the following email address: [email protected]

- Users can request that their Personal Data be deleted, in accordance with the applicable data protection laws, by writing to the following email address: [email protected]

0.6. Changes in the present clause

The Platform reserves the right to make any modifications to this clause relating to the protection of Personal Data at any time. If a modification is made to this personal data protection clause, the Platform undertakes to publish the new version on the Platform. The Platform will also inform Users of the changes by e-mail, at least 15 days before the effective date. If the User does not agree with the terms of the new wording of the personal data protection clause, they are is entitled to delete their account.

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