Between the undersigned:
The company Pixel & Cicéro
A simplified joint-stock company with a capital of 2,000 euros, registered in the Annecy Commercial and Companies Register under number 824 272 751, which has its registered office at 13, route de Pringy - 74370 ARGONAY, represented by its Chairman, Mr Richard PETIT, domiciled in this capacity at the said registered office,
Hereinafter called “Omnibook”
Of the one part,
and:
The User
Hereinafter called: “the User”
Of the other part,
Hereinafter individually called the “Party” or collectively called “the Parties”.
The Omnibook® platform offers diffusion (on the web) and (cloud) storage services for multimedia documents in various WEB-compatible formats.
It works in SaaS (Software as a Service) mode and is accessible online on desktop, tablet or smartphone from the website "www.omnibook.com" and the "Omnibook®” app.
Omnibook itself distributes all the platform’s services.
This being recalled, the User has expressed an interest in the services of the Omnibook® platform with regard to one of the plans offered:
They acknowledge that they have received all the information necessary to assess the suitability of these services for their needs and to take all appropriate precautions for its use.
By ordering one of the subscription plans from Omnibook, the User acquires the right to use the Omnibook® platform’s services defined in the present general conditions of use, which will hereinafter be called the "Contract".
The User expressly accepts the terms of the Contract at the time of his order by checking the box "I acknowledge that I have read and understood the general conditions of use which I expressly accept."
HAVING STATED THIS, THE FOLLOWING HAS BEEN AGREED:
The purpose of the Contract is to establish the conditions governing the User’s use of the Omnibook® platform’s services.
The Contract is concluded for an indefinite period starting from acceptance of the Contract, unless it is terminated at the conditions of article 12 of the Contract.
To use the Omnibook® platform’s services, the User must be at least 16 years of age, or over 13 years of age and, in the latter case, prove that he has obtained the consent of his legal guardian or guardians.
The User shall also use a communication network which meets the following technical prerequisites:
The choice of communication network is the User’s responsibility.
As Omnibook cannot be held liable for interruptions to the network line, it draws the User’s attention particularly to the importance of the choice of communication network.
The User alone shall use the right of access to the services of the Omnibook® platform.
They are accessed as follows:
The Omnibook® platform’s services available to the User vary depending on the licence associated with the user’s account.
Services included in the FREE plan:
Services included in the STARTER plan:
The services of the FREE plan, plus:
Services included in the MASTER plan:
The services of the STARTER plan, plus:
The User can store his documents wherever he wants, in particular outside his “my library” Cloud space. On the other hand, the services of the Omnibook® platform (in particular synchronisation, reading on the web, licence, invitation) can only be used in the Omnibook cloud.
All these services may change at the sole discretion of Omnibook®, which will inform the User of this.
Omnibook is responsible for hosting the data, and for the maintenance and security of the services of the Omnibook® platform.
The User’s data are stored in France. The hosting service provider is online.
The User can access the hosting service’s general conditions and its security policy upon request..
The User acknowledges that the characteristics of this hosting service provider are acceptable to him.
Omnibook grants free of charge to the User, a personal, non-assignable and non-transferable right to use the Omnibook® platform worldwide for the term of the Contract.
The User can only use the services of the Omnibook® platform in accordance with his needs.
In particular, the licence relating to the services of the Omnibook® platform is only granted for the one and only purpose of allowing the User to use the said services, to the exclusion of any other purpose.
The right to use means the right to implement the services of the Omnibook® platform in accordance with their intended use, in SaaS mode via a connection to an electronic communications network.
Omnibook will do its utmost to ensure that the Omnibook® platform works constantly around the clock (twenty-four hours/day) every day of the year.
Given the current state of IT technology and its rapid development, and in view of the complexity of telecommunications networks, Omnibook cannot guarantee that the Omnibook® platform will work without interruption and without anomaly.
These operational difficulties are beyond Omnibook’s control and that of the technical means it uses.
The User declares that he is fully informed and aware of this, and accepts it.
The User thus acknowledges that Omnibook will not under any circumstances be liable for any operating interruptions to the Omnibook® platform.
The User will have the benefit of all developments made to the Omnibook® platform during the Contract term, within the limits of the plan he uses.
However, this cannot be interpreted and deemed in any way as an obligation on Omnibook to develop the Omnibook® platform.
Omnibook will back up the data, information and elements imported by the User onto the Omnibook® platform.
The User may retrieve them with the “download” function of the Omnibook® platform.
The User declares that he is fully informed of this possibility.
Omnibook guarantees the User that it has all the rights and permissions allowing it to enter into the Contract.
In particular, Omnibook guarantees that it has all the intellectual property rights and licences relating to the Omnibook® platform.
Omnibook guarantees the User against all claims, redress, settlements, actions and proceedings, whether or not of a judicial nature, which may be formed against the User, by any party, on grounds of a possible infringement by the Omnibook® platform of third-party intellectual property rights.
In the capacity of professional service provider, Omnibook undertakes to carry out a duty of information to the User throughout the performance of the Contract.
Omnibook undertakes to provide technical support to the User with regard to the functionality of the Omnibook® platform’s services.
This technical support is described as follows: the FAQ and TUTORIALS options on the platform.
Omnibook cannot, in any way and on any grounds, be held liable for difficulties in the performance of the Contract associated in whole or in part:
Omnibook does not give any guarantee to the User as to the compliance of the use of the Omnibook® platform’s services which it is using or plans to use, with statutory and regulatory provisions.
Moreover, by application of the provisions of article 1231-3 of the Civil Code, it is expressly agreed between the Parties that if Omnibook should be held liable with regard to the performance of the Contract, the total sum of compensation claimed by the User may not exceed the sum of €0, with this sum being a compensation ceiling and not a lump-sum compensation amount.
The following are excluded from any compensation: loss of turnover, non-immediate and/or indirect and/or potential prejudice suffered by the User.
The User declares that he has checked that the Omnibook® platform’s services match his needs and expectations, and the equipment, in particular IT hardware, that he uses, and that he has received from Omnibook, prior to acceptance of the Contract, all the advice and useful information concerning the said platform and its services, in particular, without this list being considered exhaustive, in terms of functionalities, operation, use, options which he may have ordered from Omnibook, compatibility of hardware, software, system or data, performance, and security and confidentiality of data, in particular personal data.
The User declares that he is thus perfectly cognizant of the offer to which he has subscribed.
Once the identification details giving access to the Omnibook® platform have been validated by Omnibook, the latter will alone be liable for their use by it and, if applicable, by anyone directly or indirectly connected to it.
The User shall ensure that their personal and confidential nature is maintained by taking all necessary technical, administrative and legal measures to do so.
The User vouches for compliance with this obligation by anyone directly or indirectly connected to him.
As every user has his own access, the User is not permitted to allow a third party to use his account, nor to exchange his access with that of another user.
Omnibook intervenes in the context of the Contract solely in the capacity of software solution publisher; the User is, in general terms, alone responsible for the use he makes of the Omnibook® platform’s services.
The User will ensure or take the necessary steps such that this use complies with the applicable French and/or foreign legislation, in particular that relating to:
The User is responsible for the content he publishes; he declares that he is the author of it or has all the necessary rights and permissions for all this content.
The User undertakes not to publish any content which contains or could contain viruses or programs which can damage or disrupt the smooth operation of the Omnibook® platform, nor any illegal content or content which could undermine public order and public decency.
The User is fully responsible for any creation, transmission or publication of content by means of the Omnibook® platform’s services and the consequences of his acts.
The User acknowledges that content considered to be in contravention of the laws and regulations in force may be handed over by Omnibook to the authorities responsible for enforcement of the law.
It is the User’s responsibility to clearly signal the presence of violent content or content of a pornographic nature in its publications.
Omnibook may also, immediately and without prior notice, suspend the operation of the Omnibook® platform’s services should it become aware of a manifestly unlawful use of the said services by the User.
Omnibook likewise reserves the right to refuse the presence on its servers, of files imported by the User which may be judged technically not compliant with the servers or detrimental to their performance.
In any case, Omnibook shall inform the User of this without delay.
The suspension may especially be imposed in the event of requisition by public, administrative or judicial authority, or legal proceedings.
The User undertakes not to:
The User undertakes to collaborate with Omnibook in good faith.
In particular, the User undertakes to signal to Omnibook, immediately upon becoming aware of it, any unauthorised use of the Omnibook® platform’s services, in particular carried out by a member of his personnel or by anyone else.
If this occurs, the User shall use his best endeavours to have these unauthorised uses halted immediately.
In this regard, Omnibook reserves the right to log any use of the Omnibook® platform’s services by the User.
The User guarantees Omnibook against all claims, redress, settlements, actions and proceedings, whether or not of a judicial nature, which may be formed against Omnibook, by any party, on any grounds, in direct or indirect connection with:
The User cannot, in any way and on any grounds, be held liable for difficulties in performance of the Contract associated in whole or in part:
The Contract does not give rise to any transfer of ownership, in particular intellectual ownership, over some or all of the Omnibook® platform.
Omnibook retains full material and intellectual ownership of it.
The use made of the Omnibook® platform’s services by the User cannot be considered , in this regard, as creating rights, other than the granting of the sole right to use the Omnibook® platform’s services under the Contract conditions.
Likewise, and reciprocally, the Contract does not give rise to any transfer of ownership over the items imported by the User onto the Omnibook® platform.
Moreover, the items, in particular documents, generated by the use of the Omnibook® platform’s services automatically become the property of the User.
Omnibook may only use these items in the context of the Contract, that is to say for purposes of the use by the User of the Omnibook® platform’s services, to the exclusion of any other use. For these items, the User grants Omnibook a free, non-exclusive and transferable licence for reproduction and representation on the Omnibook® platform, on the internet and on any digital or hard-copy media worldwide and for the term of the Contract.
For the following provisions, “personal data” and “processing” are to be understood in the meaning of article 4 of Regulation (EU) 2016/679 of 27 April 2016:
Omnibook has to collect and process the User’s personal data, relating to his identity: Civil status, family name, given names, address, telephone number, email addresses, date of birth, for purposes of concluding and performing the Contract.
In this regard, the User acknowledges that the personal data disclosed by him are valid, up to date and correct.
Omnibook undertakes to comply with Regulation (EU) 2016/679 of 27 April 2016 and Law no. 78-17 of 6 January 1978 as amended.
Compliance with principles:
Omnibook undertakes to comply with the principles relating to personal data processing, as stipulated in article 5.1 of Regulation (EU) 2016/679 of 27 April 2016, namely:
Omnibook undertakes to comply with the principles relating to personal data processing, as stipulated in article 5.1 of Regulation (EU) 2016/679 of 27 April 2016, namely:
Information to the User:
In accordance with article 13 of Regulation (EU) 2016/679 of 27 April 2016 and article 48 of Law no. 78-17 of 6 January 1978 as amended, PIXEL & CICERO provides the following information to the User:
the identity and details of the controller and, if applicable, of the controller’s representative:
SAS PIXEL & CICERO - 13 route de Pringy - 74370 ARGONAY - FRANCE
Tel.: 00(33)4.50.88.99.11 - Email address: contact@omnibook.com
The controller’s representative is: Mr Richard PETIT
The controller’s representative is: Mr Richard PETIT
if there is one, the details of the data protection officer:
Omnibook does not currently have a data protection officer.
The purposes of the processing for which the personal data are intended and the legal basis for the processing:
This personal data processing is based on the following legal bases:
This personal data processing is based on the following legal bases:
the recipients or categories of recipients of data:
NEXWAY, a simplified joint-stock company registered in the Nanterre Commercial and Companies Register under no. B 440 953 859, which has its registered office at Tour PB5, 1 avenue du Général de Gaulle, 92074 Paris - La Défense, France which intervenes for the sale of Omnibook® products, including the storage of account data of customers who have bought a licence.
MAILCHIMP, an online sales platform belonging to the Rocket Science Group LLC, registered in the state of Georgia in the United States of America, which has its registered office at 675 Ponce de Leon Ave NE, Suite 5000 Atlanta, GA 30308 USA, which intervenes for the storage of personal data, the provision of customer support, the collection of cookies, the collection of personal information via forms, the diffusion of information emails to Omnibook® users and marketing emails to visitors and users who have subscribed to the newsletter.
The existence of transfers of personal data to a State which is not a member of the EU, the country of transfer, the appropriate guarantees put in place and the means for obtaining a copy of these guarantees: The personal data collected and processed are hosted by Online in France.
The data can be transferred to NEXWAY in France and to Mailchimp (the Rocket Science Group LLC) in the United States.
In terms of appropriate guarantees, Mailchimp has a certification of conformity with the Privacy Shield at the U.S. Department of Commerce. Mention is made of this certification of conformity with the privacy shield in Mailchimp’s confidentiality clauses, section SOCII Compliant PCI DSS Certification here: https://mailchimp.com/about/security/. Furthermore, the privacy shield list is published on the U.S. Department of Commerce’s website, at: https://www.privacyshield.gov/welcome
the personal data storage period or the criteria used to determine this period:
Personal data will be stored in an active database for the duration of the contractual relationship.
They can also be kept following performance of the Contract, in interim archiving, if Omnibook is legally obliged to do so or if it wishes to put together evidence in the event of litigation within the applicable statute of limitations.
The data thus archived will only be kept for the time necessary for the accomplishment of the objective sought and they will be deleted when the grounds for their archiving no longer exist. For example, data archived for defence in legal proceedings during the limitation period will be deleted once such proceedings are statute-barred.
the User’s rights:
The User whose personal data are collected is entitled:
to ask the controller for access to the personal data, for their rectification or deletion, or for a limitation of the processing relating to the data subject,
He can do this at any time by email to: contact@omnibook.com, by telephone to: 0033 (0)4.50.88.99.11 or by mail to: Omnibook - 13, route de Pringy – 74540 ARGONAY - France.
The User is also entitled to lodge a complaint to a supervisory authority.
information as to whether the requirement to provide personal data is of a regulatory or contractual nature or if it is a condition of the conclusion of a contract and if the data subject is obliged to provide the personal data, and about any consequences of the non-provision of these data:
The requirement to provide personal data is of a contractual nature and is a condition for the conclusion of the Contract.
The User is thus obliged to provide personal data, or the Contract cannot be concluded and the User will not obtain the right to access the services of the Omnibook® platform.
the existence of automatic decision-making, including profiling and, in such cases, the relevant information concerning the underlying logic, and the importance and expected consequences of this processing for the data subject:
No profiling will be carried out and more generally there will be no automated decision-making based on the data collected.
Omnibook will take appropriate technical and organisational measures to ensure and to be able to demonstrate that the processing is carried out in accordance with Regulation (EU) 2016/679 of 27 April 2016 and Law no. 78-17 of 6 January 1978, called the “Data protection and civil liberties law" as amended. These measures will be re-examined and updated if necessary.
Personal data of minors:
A minor who is at least 16 years old can alone consent to the processing of his personal data in order to use the services of the Omnibook® platform.
Where the minor is under 16 years of age but over 13 years old, the consent shall be given jointly by the minor concerned and the legal guardian or guardians of this minor.
Cookies:
The Omnibook® platform does not use cookies.
Each Party will keep confidential, during and after the Contract, all the information and documents provided by the other in the context of the Contract.
Omnibook may however, in order to promote its business, make reference to the User, in particular by using his company name, trading name and logo on its own communication tools, unless the User expressly notifies Omnibook of his objection to this in writing.
Each of the Parties remains free to terminate the Contract at any time, without notice in the case of the user, and subject to one month’s notice in the case of Omnibook, in the form of an email notification and in the User’s Omnibook account.
Moreover, if the User does not meet his obligations stipulated in the Contract, and generally, all current laws and regulations, and third-party rights, Omnibook reserves the right to immediately and ipso jure terminate the Contract, with the Omnibook® account being deleted, without prejudice to the right to compensation which Omnibook may claim. The User will be informed of this by email notification on the date of closure.
In the event of termination of the Contract, whatever the cause may be, Omnibook undertakes, as the User elects and at his first request made by registered post with acknowledgement of receipt and within a 30-day period from the date of receipt of this request:
free of charge.
The provisions of the Contract and its annexes constitute the entirety of the agreement between the Parties.
If the Contract should be translated, the French version will be the controlling version.
Modifications relating to the Contract shall form the subject of an additional clause concluded between the Parties.
The Contract shall remain valid in the event of any change to the company form or to the distribution of Omnibook’s share capital or any change in its management, and likewise in the event of the transfer of the Contract by Omnibook to a third party.
The Contract may not, on the other hand, form the subject of a total or partial transfer, for a consideration or free of charge, by the User without Omnibook’s prior agreement in writing.
Omnibook is free to subcontract to any person of its choice, some or all the services forming the subject of the Contract.
Omnibook will alone be responsible for the performance of the Contract by its subcontractors.
The invalidity, expiration, absence of binding force or non-opposability of any of the stipulations of the Contract does not result in the invalidity, expiration, absence of binding force or non-opposability of the other stipulations, which will remain in full force and effect. However, the Parties may, by common accord, agree to replace the invalid stipulation or stipulations.
If either of the Parties does not demand application of a provision of the Contract, this cannot under any circumstances be deemed a waiver of the rights that this Party has under this provision.
The Contract is governed and will be interpreted in accordance with French law and the law of the European Union.
If the User should be deemed a trader in the meaning of French law:
All disputes relating to the Contract, whatever they may be, will be subject, by the will of the Parties, to the jurisdiction of Annecy Commercial Court, including in the event of emergency interim proceedings or plurality of defendants, unless they are within the exclusive jurisdiction of Annecy District Court with regard to intellectual property.
All disputes relating to the Contract, whatever they may be, will be subject, by the will of the Parties, to the jurisdiction of Annecy Commercial Court, including in the event of emergency interim proceedings or plurality of defendants, unless they are within the exclusive jurisdiction of Annecy District Court with regard to intellectual property.