The present general conditions of use of the IBOO Solution (hereafter the "CGU") apply in their entirety, composed of both the present preamble and the clauses which follow this preamble and have been agreed between on the one hand, the company IBOO, a simplified joint stock company with a capital of 12 891,20 euros, established with the 16 avenue of the Park of Procé 44100 NANTES, registered with the RCS of Nantes under the number 8888 211 760 and whose number of intracommunity VAT is FR90888211760 (hereafter "IBOO") and, on the other hand, the User such as defined with the present.
IBOO reserves the right to derogate from certain clauses of the present contract, according to the negotiations carried out with the Participant, by the establishment of particular conditions established with the Quotation.
The present GCU constitute the essential and determining conditions of any use of the IBOO solution (hereafter the "IBOO Solution") accessible at the URL https://iboo.live (hereafter the "Web Application") and on smartphone via the IBOO web app (hereafter the "Mobile Application") by any user located in Metropolitan France (hereafter the "User") in order to organize, animate or attend in a videoconference via the IBOO Solution.
The fact of connecting to the IBOO Solution and a fortiori, of notching the box "I accept the general conditions of use of IBOO" implies the acceptance without reserve of the GCU.
Abuse of Service: Any act by a Participant, whether intentional or unintentional, that impacts the normal operation of IBOO's services and the services provided by IBOO to Participant and its other customers in any way.
Guest access: Refers to the password given by the User to a Guest.
Anomaly : Refers to any malfunction, reproducible and repeated defect and/or non-conformity of the functionalities of the IBOO Solution with respect to its intended purpose, which prevents the normal operation of all or part of the IBOO Solution or which causes an incorrect result or unsuitable processing while the IBOO Solution is used in accordance with its intended purpose.
• « Blocking Anomaly » means any anomaly that makes it impossible to use all or part of the functionalities of the IBOO Solution. • « Non-blocking anomaly» means any Anomaly allowing the full operation of the IBOO Solution in all its functionalities to continue, even if this is done by means of an unusual procedure. • « Semi-blocking anomaly » means any Anomaly allowing the use of the IBOO Solution's functionalities only partially.
Data : All information related to the IBOO Solution, i.e. data transmitted by Participants (raw data) and processed by the IBOO Solution (processed data). Personal data as defined by Article 4 paragraph 1 of the RGPD are an integral part of this information.
Identifier : Codes including the name of the User and a password, necessary to access all the functionalities of the IBOO Solution. The Identifier is unique, personal and confidential. It is transmitted to the Customer as many Identifiers as there are Users. Any use of the Identifier is regarded as carried out by the Customer. It is thus the responsibility of the Customer to ensure the confidentiality of the Identifiers.
Guests : Refers to the Participants in a meeting outside the Subscription subscribed by the Customer.
Participants : Refers to persons taking part in a meeting. Participants shall include Users and Guests as defined herein.
GDPR : 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 personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Users : Persons designated by the Customer under his sole responsibility and having access to the IBOO Solution via their Identifiers. Are also considered as users any employee, agent and subcontractor of the Customer as well as any other person having, in any way whatsoever, the accesses of the Customer to the IBOO Solution.
In order to organize a meeting, the User must create a User account to invite Participants under the conditions provided for in the IBOO General Conditions of Subscription.
2.2 Attendance at a meeting
However, because we care about our users, you will find here some information about your rights and how to exercise them.
You can have access to your data, as well as rectify them, or exercise your right to limit their use. Furthermore, you have the right to object to the use of your data and to have them deleted. It is also possible for you to exercise your right to the portability of your data.
You can consult the site of the CNIL.fr or https://www.cnil.fr/fr/reglement-europeen-protection-donnees/chapitre3#Section2 for more information on your rights.
If after contacting the organizer, you feel that your rights have not been respected, you can send a complaint to the CNIL on www.cnil.fr.
2.3 Access to the service by Participants
The Participant acknowledges that he/she is aware that the equipment used to access the IBOO Solution is not, by default, secure. Therefore, the Participant acknowledges that he/she must equip his/her equipment with an antivirus, a VPN and protect it with a secure password, in accordance with the state of the art. Thus any violation of data resulting from the absence of security of the equipment will not constitute a reason for engaging the responsibility of IBOO; what the Participant accepts expressly.
The Identifiers transmitted to the Users by IBOO are unique, personal and confidential. Any connection via the Identifier is presumed carried out by the User. The User commits himself, without delay, to notify IBOO of any theft or breach of confidentiality of the Identifier to the address email@example.com
Guest Accesses transmitted by a User to one or more other Participants are confidential. Any connection via Guest Access is presumed to be made by one of the Participants. In the event of a breach of confidentiality of Guest Access, the Participant undertakes, without delay and by any means, to notify the User.
2.4 Service availability
IBOO will provide its best efforts to allow the availability of the service 24 hours a day and 7 days a week except the cases of absolute necessity, the events out of the control of IBOO, the possible breakdowns and interventions necessary to the good functioning of the service and the materials.
IBOO thus makes a commitment to implement the best means to guarantee the availability of the IBOO Solution. However, IBOO could not be held responsible for the disturbances, cuts/Anomalies resulting from any event of which IBOO does not have, directly or indirectly, the control and which would affect in particular the transmissions by Internet network and more generally, by the communication network, whatever are the importance and the duration of it.
IBOO reserves the right to close the access to the IBOO Solution in order to ensure the maintenance of the hardware and the software necessary to the treatment of information and their lodging. More generally, IBOO reserves the right to stop the access to the IBOO Solution in order to ensure its safety and integrity. As far as possible, IBOO informs the Users in advance of any interruption of access to the server, of its fact or which it can have knowledge. IBOO makes a commitment to provide its best efforts to proceed to the preventive maintenance apart from the hours of strong affluence.
IBOO is committed, during the duration of the Subscription, to ensure a minimum rate of availability of 99,99 % except periods of planned maintenance, technical interventions, because of the Customer or of a not authorized third and/or periods of interventions under the conditions defined above. Under these conditions, and without that its responsibility cannot be committed for this reason, IBOO will provide its best efforts to propose, on request of the User and provided that this one formulated by any written means of the urgent needs related to its activity, a solution of operation in degraded mode.
IBOO commits itself to make its best efforts to ensure the absence of problematic contents on the IBOO Solution and to ensure the respect of the private life and the intellectual property rights of the thirds. Nevertheless, IBOO does not proceed to any control of the contents such as in particular the texts, images, videos, supports, drawings (hereafter the "Contents") exchanged, diffused or shared by the Users at the time of the use of the Solution IBOO, under the reserves mentioned below.
3.1 PUBLICATION AND DISTRIBUTION OF CONTENT BY PARTICIPANTS
IBOO intervenes in quality of host of the Contents and preserves only one purely technical role of provision of the Solution IBOO, within the meaning of the Law of June 21, 2004 for the Confidence in the Digital Economy (known as law "LCEN") and could not see its responsibility committed except in the assumption where IBOO would have expressly refused to withdraw an illicit contents brought to its knowledge by a written notification under the conditions envisaged with article 6, I, 5° of the LCEN. In particular, the fact that IBOO does not remove a contents or a Contents announced by a Participant, would not know how to be analyzed in an agreement of IBOO on its contents. IBOO reserves the right, without having to justify its decision, to remove from the IBOO Solution any Contents which would not respect the rules of publication envisaged in this article. IBOO will be able, with its discretion and as far as possible, to contact amicably the Participant having published the concerned Contents which were removed, in order to explain him the reason.
The User will be personally responsible for all the Contents which it will diffuse on the Solution IBOO.
In particular, it is forbidden to disseminate on the IBOO Solution content that is obscene, racist, religious, discriminatory, defamatory, denigrating or inciting to hatred, as well as any contribution that infringes on the rights of third parties and personality rights, and in particular:
• Any contribution reproducing without authorization a work protected by intellectual property rights (trademarks, copyrights in particular). • Any contribution that violates the image rights and/or privacy rights of a third party. • Any contribution that violates the personal data protection of a third party.
In the event of diffusion by a Participant of Contents carrying reached the rights of the thirds, IBOO reserves the right to prosecute criminally and/or civilly the Participant having diffused such contents. The Participant guarantees IBOO in the event of complaint or of attack carried to the rights of the thirds because of the Contents published by him.
3.2 Reports by Participants
Any Participant can inform IBOO of the fraudulent use of its intellectual property rights, its distinctive signs or attributes of its personality or any other problematic contents (such as injurious contents, illicit, xenophobe,?), by addressing an email to firstname.lastname@example.org. The Participant must communicate to IBOO any element of nature to identify the concerned Contents (date and hour of observation, screen capture,?). IBOO is committed taking any reasonable measure to make cease the noted attack and is authorized to suspend or close in a temporary or final way, any User account which would contravene the rights of thirds and the present CGU.
The Participant is informed that in application of the law for the confidence in the digital economy, the fact of announcing to IBOO a Contents like illicit with an aim of obtaining the withdrawal of it or of making cease the diffusion of it, whereas it knows this inaccurate information, is likely to be punished with a penalty of one year of imprisonment and 15.000 Euros of fine
4.1 Responsibility and obligations of IBOO
IBOO is held only with an obligation of means in the execution of the services proposed on the Solution IBOO. IBOO commits itself to make its best efforts to secure the access and the use of the IBOO Solution, and IBOO is free to choose the form and the technical means the most appropriate to place at the disposal of the Participant all the functionalities of the IBOO Solution.
IBOO could not be held responsible for the external intrusions, the presence of data-processing virus in the computer system of the Participant, the possible consequences of a deterioration, total or partial, of the operation of the Solution IBOO having for origin an Abuse of Service, the non-functioning or the slowness of the telecommunication network of the Participant. The responsibility for IBOO is excluded for any defect or any inexecution not resulting from its fact, in particular in the event of inexecution of its obligations by the Participant. In particular IBOO cannot be held responsible for the data informed or imported by the Participant in the IBOO Solution or of the access rights granted by the Participant to the users. The Participant guarantees IBOO against any condemnation or transaction (civil, administrative or penal) which would be pronounced against him within the framework of legal actions having for cause or for object all actions relating to the data informed or imported by the Participant in the Solution IBOO (texts, images,?), including in particular the expenses of lawyer and expertise and the expenses and losses which could result from it for IBOO. In any assumption, the responsibility for IBOO excludes in particular any indirect, consecutive or immaterial damage, and including in particular any lost profit, loss, commercial damage, loss of sales turnover, loss of customers, loss of chance, and is, in any event, limited to the amount paid by the Customer during the current contractual year.
4.2 Obligations and responsibilities of Participants
The User commits himself not to communicate his identifier and his password to a third party and declares and recognizes that the access which it profits with the Solution IBOO is strictly personal. In defect, IBOO, reserves the possibility of suspending or of cancelling the account of the User.
In the same way, the Guest undertakes not to communicate the password transmitted by the User to a third party and declares and acknowledges that the access he/she has to the IBOO Solution is strictly personal.
Use of the IBOO Solution requires a compatible computer, tablet or smartphone with a regularly updated operating system. The Participant is solely responsible for regularly updating the operating system of his or her computer equipment and for complying with the provisions of Articles 2.1 to 2.3.
In a general way, IBOO could not be held responsible in the event of difficulties of access to the Solution IBOO whose cause is not directly and exclusively imputable to him.
Unless the Participant provides proof to the contrary, any connection to the Web Application and the Mobile Application shall be deemed to have been made by the Participant. Any loss, theft, misappropriation or unauthorized use of the Participant's e-mail address or password and their consequences shall be the sole responsibility of the Participant.
IBOO guarantees that it has all the rights to allow the use of the IBOO Solution under the conditions defined herein.
Access to the IBOO Solution does not give Participants any title or ownership rights to the IBOO Solution.
In the absence of express authorization from IBOO, Participants are therefore prohibited from
• Reproduce, arrange, adapt, translate all or part of the IBOO Solution; • Correct, or have a third party correct, any errors and/or bugs in the IBOO Solution; • Carry out any form of commercial exploitation of the IBOO Solution; • Modify or seek to circumvent any protective features of the IBOO Solution; • Conduct research from the IBOO Solution for the purpose of creating a derivative or competing work; • To transfer, provide, lend, lease, sub-license or grant other rights of use of the IBOO Solution, or more generally, to communicate to a third party or an affiliated company all or part of the IBOO Solution; • Integrate all or part of the IBOO Solution into any computer system or other software solution; • To proceed to the remote transmission of the IBOO Solution, to its setting in network, in particular on Internet, or to its diffusion under any other form.
The Participants commit themselves respecting the applicable regulation in particular concerning the legality of the contents imported and/or exported from or towards the Solution IBOO. In this respect, IBOO cannot be held responsible in the event of non-compliance with this provision by the Participants.
The Participants are informed that any violation of the preceding provisions is likely to lead to the Ban, without prejudice to the damages which could be claimed by IBOO, and, moreover, to be qualified of facts of counterfeit liable to civil and penal proceedings.
When using the IBOO Solution, Participants may share Content. To this end, they ensure that they have all the rights, and in particular the intellectual property rights, to use all the shared elements such as, and without this being exhaustive, brands, logos, music, video, texts, hypertext links, etc.
The Participants also guarantee to IBOO that the shared elements are legal under the national, European and international law.
6.1 IBOO as a subcontractor
The access to the service by the Participants results from the implementation of a Subscription between IBOO and its Customers. Within this framework, the Parties are brought to operate treatments of personal data concerning you, within the meaning of the RGPD. As such, and for the only services for which IBOO assumes the quality of subcontractor within the meaning of the RGPD, IBOO and its Customers organized their obligations and responsibilities and concluded an "Agreement of subcontracting relating to the treatments of personal data" in accordance with the requirements of Article 28 of the RGPD.
IBOO is committed, on request of the Participants, to communicate a copy of its register of the activities of treatments carried out as subcontractor. To make the request, thank you to contact us at the address email@example.com.
6.2 IBOO as Data Controller
Within the framework of the execution of its services, IBOO is also led to process personal data of the Participants, as data controller, for the following purposes
• Account management • The provision of a newsletter • The security of our solution
All of our processing is based on the following legal basis: the Contract mainly and our legitimate interest from time to time. Consequently, the processing that IBOO implements as data controller does not require to obtain your consent.
Your data will not be sold, exchanged or transferred outside the European Union. They are kept for the time needed to carry out the processing and are, in the absence of legal obligation or administrative interest, immediately deleted at its expiry.
In accordance with the Data Protection Act of n°78-17 of January 6, 1978 as amended, the Regulation (EU) 2016/679 and the Law for a Digital Republic of October 7, 2016, you have the right to access, rectify, limit, oppose, delete, the right to portability of your data and to transmit directives on their fate in case of death.
You can exercise these rights by sending an email to firstname.lastname@example.org.
Finally, Iboo agrees to provide, upon request by Participants, any documentation necessary to certify its compliance with the GDPR and in particular:
7.1 The applicable TOU are those in effect at the time the Subscription is purchased.
7.2 IBOO reserves the right to modify the GCU at any time. Any new version of the GCU will automatically replace the previous version.
7.3 Any failure or delay in exercising a right by either Party shall not be construed as a waiver of any right.
7.4 If any provision of the Agreement is invalid in whole or in part under any applicable rule of law or statute, it shall be deemed unwritten but shall not invalidate the Agreement or any partially affected provision.
In the event of litigation with IBOO, the Participants will be able to seize, with their choice, the qualified jurisdictions of the jurisdiction of the registered office of IBOO or the qualified jurisdictions of their residence. In the same assumption, IBOO will be able to seize the jurisdictions of the jurisdiction of the residence of the Participants.