The online platform “Popeo” (hereinafter “The Popeo Platform”) accessible via the website https://popeo.io/, is managed by POPEO, a simplified joint stock company, whose head office is located at 48 rue Botzaris, 75019 Paris, registered to the Paris Trade and Companies Register under the number 847 538 857.
The website is hosted by the company DRI, 28 Rue de Villeneuve, 72650 ST SATURNIN.
The director of the publication is Mr. Majerowiez.
The Popeo Platform allows publishers of e-commerce websites (hereinafter the “Publishers”) to insert on their website a “plug-in”. The purpose of this plug-in is to display a pop-up window (hereinafter the “Pop-in Exit”).
This Exit Pop-in only appears to visitors leaving the e-commerce website (hereafter referred to as “Outgoing Internet Users”).
The Exit Pop-in suggests relevant products, and/or flash sales, which are likely to interest the Outgoing Internet Users.
Access to the Popeo Platform, its consultation, and its use, are ruled by these Terms and Conditions (hereinafter the “T&Cs”).
By accessing the service, the Publisher acknowledges having read the T&Cs, and accepts to fully comply with them.
1 - DEFINITIONS
The terms mentioned below will have the following meaning in these T&Cs:
Product Catalog: designates a feed in CSV, TXT or XML format, which lists all or part of the Publisher’s items.
Click: designates a click by a visitor on an item displayed within the Pop-in.
Subscription: refers to the remuneration received by POPEO for the use of the Popeo Platform.
Publisher Content: refers to the items listed in the Publisher’s Product Catalog, which appear within the Pop-in. The items appear in the form of “thumbnails” in the Pop-in, with their title, their image, as well as their price. If a visitor clicks on the thumbnail, he is then redirected to the relevant item page on the Publisher’s Website.
Publisher (or Member): refers to a company operating an E-commerce website, registered on the Popeo Platform, and showing an Exit Pop-in to all or part of the visitors leaving its website.
Outgoing Internet User: refers to a visitor who is about to leave the Publisher’s website after browsing.
Popeo platform: refers to the functional and organizational structure implemented by POPEO. The Popeo Platform set up and displays the content of the Publisher Website within the Pop-in. The Popeo Platform keeps track of the number of impressions and clicks on this content.
Exit Pop-in: designates a secondary window that is displayed on the Publisher’s Website, in front of the main navigation window, when the visitor expresses, through a specific action, his intention to leave the website. This window integrates the content of the Editor.
POPEO: refers to the company that operates Popeo.io, i.e. POPEO, SAS registered to the Paris Trade and Companies Register under number 847 538 857, and whose head office is located at 48 rue Botzaris in Paris (75019).
Popeo.io: refers to the website accessible from the URL https://popeo.io/ as well as its subdomains.
GDPR: refers to the General Regulation on the Protection of Personal Data 2016/679.
Data protection regulations: means all applicable data protection laws, privacy laws or any similar legislation, applicable to data processed in connection with these T&Cs, including, for EU citizens, any regulations for the implementation of Directive 95/46 / EC on Data Protection (the “Directive”), the GDPR (if applicable) or Directive 2002/58 on privacy and electronic communications.
Publisher’s Website: refers to the e-commerce website owned or operated by a Publisher, registered on the Popeo Platform, as well as its mobile versions and/or its subdomain versions.
2 - PURPOSE
The purpose of these T&Cs is to define the conditions under which Publishers are allowed to use the Popeo Platform to improve the conversion rates of their e-commerce website. POPEO reserves the right to make any changes to these T & Cs that would deem necessary and useful, in particular to take into account any legal development which may have consequences to these terms and conditions.
Unless terminated by the Publisher within 30 (thirty) days of the availability of a new version of the T&Cs, they will be fully enforceable. Likewise, the new T&Cs will be enforceable as soon as the Popeo Platform has been used, after the release of the new terms and conditions.
In case of refusal by the Publisher, the present contractual relationship will be terminated, without compensation of any kind, and a balance of any account will be established by POPEO.
The T&Cs appearing online on the Popeo Platform prevail over any printed version of an earlier date.
3 - CONTRACTUAL DOCUMENTATION
The contractual documents which bind the Member to POPEO are, in decreasing order of priority:
- These terms and conditions;
- any specific conditions and any special conditions;
- the statistics present on the Publisher’s account on the Popeo Platform;
- the information on the Popeo Platform;
- the exchange of emails and information between POPEO and the Publisher, relating to the execution of these terms and conditions.
4 - REGISTRATION PROCEDURES
The use of the Popeo Platform presupposes the opening of an account.
Any company, owner of an e-commerce website, may request the opening of an account on the Popeo Platform.
The Publisher might only register to the Popeo Platform if he has an e-commerce website, which meets the following technical and editorial parameters:
- Presence of a professional quality content.
- Absence of any illegal content.
- Own domain name such as example.com (exceptions might be assessed on a case-by-case basis).
In addition, the Publisher must have a Product Catalog, in CSV, XML, TXT, or XLS format, which lists all or part of the items of its e-commerce website.
The Product Catalog must contain at least the following information: a unique identifier number per item, a title for each item, a description, a price, the link to the URL of the image of the item, the link to the URL address (redirected or not) of the page of the item on its website, as well as the item category.
4.2 Terms of registration
The Publisher might request the opening of an account, by submitting the information requested on the registration form.
Upon request, the Publisher undertakes to provide POPEO with accurate and truthful information.
This data must be kept up to date in the Editor’s interface, after the validation of the opening of the account on the Popeo Platform.
POPEO may occasionally ask the Publisher to provide additional information.
The Publisher must indicate a valid e-mail address which will allow, in particular, the sending of an e-mail requesting additional information and/or confirming his registration. It is the Publisher’s responsibility to ensure that he has sole access to the e-mail address provided.
A password is chosen by the Editor to access the Popeo Platform, which can be freely changed through his online interface. For security purposes, the password must contain at least eight characters, including at least one uppercase letter, at least one lowercase letter, and at least one number.
4.3 Confirmation of registration
The opening of an account is confirmed by an email.
POPEO reserves the right to reject, on a discretionary basis, any membership request, without having to justify its decision.
In particular, applications from websites which might damage the image or reputation of POPEO, or its commercial policy, will be rejected, as well as websites which do not comply with applicable laws and regulations or the rights of third parties, as well as websites belonging to people whose legal form, legal representative, and / or postal and electronic addresses, are not clearly identified.
In case of rejection of a Publisher’s application, no appeal will be possible, and no compensation of any kind whatsoever will be due.
POPEO will send to each candidate an answer to their application by email.
The validation of the registration results in the opening of an account on the Popeo Platform, to which the Publisher’s Website will be attached.
4.4 Modification of the content of a validated website
The Publisher commits to inform POPEO without delay in the event of a significant change affecting the nature, purpose, and/or content of its website.
POPEO will verify that the Publisher’s Website still complies with the conditions set out in these T&Cs. If this is not the case, POPEO will have the right to terminate the membership of this website on the Popeo Platform. POPEO will inform the Publisher by any means at its convenience.
Any change in the name of the Publisher’s Website, as well as any change to its location, size, or frequency of updating, will have no effect on this contractual relationship, the T&Cs will automatically apply to the modified website.
5 - ACCESS TO THE PUBLISHER'S ACCOUNT
Access to the Publisher’s account is only possible after identification through access codes: an email address corresponding to the Publisher’s account, as well as a password.The password and email address corresponding to the Publisher’s account are personal and confidential.
Any use of a Publisher’s account based on his password is presumed to originate exclusively from the latter, which he expressly accepts.
The Publisher must ensure that he only grants access to his account on the Popeo platform to authorized agents and/or service providers.
The Publisher is solely responsible for the preservation and confidentiality of his password, and therefore for the consequences of involuntary disclosure to anyone.
The Publisher is responsible for all use of his account. He must ensure the proper conservation of connection data on his account.
For security purposes, the Publisher is required to immediately notify POPEO in writing of any unauthorized or suspicious use of his account, as well as any breach of the security or integrity of his account.
As from receipt of this notification, POPEO will, within two (2) working days maximum, remove the password allowing access to the Publisher’s account. A new password will then be sent to the Publisher through an email.
POPEO will make its best efforts, in accordance with standard practice, to secure the Publisher’s account. However, the Publisher expressly acknowledges that POPEO cannot ensure absolute security of his account.
The Publisher acknowledges and accepts the characteristics and limitations of internet. He declares that he is aware that data circulating on the Internet is not necessarily protected, in particular against possible misappropriation. He acknowledges having knowledge of the nature of the Internet network, and in particular, its technical performance and response times for consulting, querying or transferring data.
6 - THE PUBLISHER'S PROGRAM
6.1 Implementation of the Pop-in
After creation and validation of the Publisher’s account, POPEO will provide a tag to be inserted and maintained on his website.This tag is necessary to display the Pop-in to Outgoing Internet users, as well as to record impressions and clicks on the content.
The Publisher is responsible for the integration of this tag on its website, and POPEO can in no way be held responsible for any mistake in its implementation.
All data received by POPEO through this tag will be used to provide the service of the Popeo Platform.
POPEO commits to collect and use this data in accordance with applicable law and regulations, including in particular the laws governing the protection of personal data and privacy.
6.2 The Publisher’s obligations
The Publisher commits that the tag provided by Popeo will not be inserted on another website, than the one validated and recorded on his account, on the Popeo Platform.As an exception, the Editor might insert the tag on a validated and registered subdomain of his website.
If POPEO discovers, or is informed by a third party, that this tag has been implemented voluntarily by the Publisher, or a service provider acting on its behalf, on a website other than the Publisher’s Website, the Publisher will be contacted, so that he can regularize his situation.
If the situation is not rectified within forty-eight (48) working hours, from this contact, the Publisher’s account might then be closed, without any compensation.
The Publisher commits not to modify in any way the tag provided, either totally or partially, without the prior consent of POPEO.
The Publisher commits to inform POPEO as soon as possible of any modification to its website which could lead to an alteration and/or loss of the data of the Pop-in.
In the event of a malfunction of the tag due to the Publisher, he will be required to remedy to it as soon as possible. POPEO reserves the right to immediately suspend the Publisher’s account in the event of a proven malfunction.
If the Publisher does not resolve this malfunction, within ten (10) working days of the notification made to him by POPEO, his account might then be closed. In this case, POPEO will have the right to invoice the Publisher for closing costs, and might, if necessary, claim compensation for the damage suffered by this wrongful behavior.
7 - PUBLISHER INVOICING
7.1 Invoicing terms
Once the Publisher’s registration to a subscription plan (other than the “Affiliate” plan) is validated by POPEO moderators, he will benefit from a trial period.This trial period begins on the day of validation of the Publisher’s registration.
During this period, the Publisher can freely test all the functionalities of Popeo technology.
The maximum number of clicks on the Exit Pop-in is however limited to one thousand (1,000) clicks during the trial period.
If this quota is reached or exceeded, the tag will be inactive on the Publisher’s Website, until the expiration of the current trial period.
If this quota is not reached or exceeded, the tag will become inactive on the Publisher’s Website, at the end of his trial period.
The Publisher will be informed of this by an automatic email. He will then be able to select in his interface a subscription plan in order to keep using Popeo technology.
If a paid subscription plan is selected (other than the “Affiliate” plan), the Publisher will be required to fill in his bank card information.
POPEO will invoice the Publisher annually or monthly for the amount of his annual or monthly subscription.
POPEO will issue invoices which will be communicated in PDF format to the Publisher.
Monthly subscriptions will be renewed automatically each month, unless terminated by the Publisher at least eight (8) days before the end of the current monthly period, either via its online interface, or by email, or by a registered mail addressed to the head office of POPEO.
Annual subscriptions will be renewed automatically each year, unless terminated by the Publisher at least fifteen (15) days before the end of the current annual period, either through his online interface, or by email, or by registered mail addressed to the head office of POPEO.
The Publisher will be able to change his plan, through his online interface.
For monthly subscriptions, the old subscription will continue to apply until the expiration of the monthly period for which the change of plan will occur.
For annual subscriptions, the old subscription will continue to apply until the expiration of the annual period for which the change of plan will occur.
Each subscription plan (other than the “Affiliate” plan) provides for a maximum quota of monthly clicks on the Exit Pop-in.
The number of clicks is recorded through POPEO’s sophisticated algorithm.
If the quota is reached or exceeded, the tag will then become inactive on the Publisher’s Website, until the expiration of the current subscription month.
The Publisher will be informed of this by an automatic email. He will then be able to subscribe to a higher subscription plan in order to reactivate POPEO technology on his website.
Concerning the “Affiliate” plan, the publisher’s invoicing is made by the partner affiliation platform. It is also the partner affiliation platform which records the sales, and which is responsible for paying the commissions due to POPEO.
If the Publisher ceases his contractual relations with the affiliate platform partner of POPEO, for any reason whatsoever, he may nevertheless continue to use Popeo technology by subscribing either to another subscription plan, or by registering to another POPEO partner affiliate platform.
If the Publisher subscribes to another subscription plan, there will be no trial period.
If the Publisher does not subscribe to another subscription plan or register to another POPEO partner affiliate platform, the present contractual relationship would automatically terminate.
7.2 Payment default of the Publisher
In case of a payment default, Popeo technology will become inactive on the Publisher’s Website.POPEO will contact the Publisher in order for him to regularize this situation as soon as possible.
POPEO might apply the following penalty to the Publisher concerned, without prejudice to its right to claim compensation related to the late payment.
The amount of this penalty is calculated on the following basis:
- 15% of the invoice amount;
- late payment interest equivalent to 3 (three) times the French legal interest rate in force on the day of invoicing, per day of delay;
- collection costs.
This penalty runs from the first day following the payment due date, until the payment date. POPEO might invoice it without prior formality.
In the event of repeated payment incidents, POPEO might terminate the agreement with the Publisher, under the conditions provided for in Article 10 of these T&Cs.
Any complaint or dispute of an invoiced amount must be sent in writing to POPEO, within one (1) month of the date of the contested invoice.
8 - FUNCTIONING OF THE SERVICE
The Publisher’s account is normally accessible 24 hours a day, 7 days a week.POPEO will make its best efforts to keep the Popeo Platform operational during working hours.
POPEO reserves the right, without notice or compensation, to temporarily suspend the Publisher’s account for an update, as well as, if necessary, for any modification to the functioning of the Popeo Platform, or its servers. This list is not exhaustive.
POPEO reserves the right to supplement or modify, at any time, its remote services, as well as the functions of the Publisher’s account according to the evolution of technology.
Considering the technical nature of the operation, as well as the risks of disruption to the broadcasting inherent to internet, the Publisher acknowledges that POPEO cannot be held responsible for any direct or indirect damage relating to a difficulty of access to the service.
In the event of an interruption or inability to use his account, the Publisher can always contact POPEO customer service for information.
9 - THE PRODUCT CATALOG
Popeo technology requires an up-to-date Product Catalog.The Publisher can communicate to POPEO the URL of a page on which its Product Catalog can be downloaded.
The Publisher can also communicate its Product Catalog on POPEO FTP server. Access codes will be communicated by email, and will have to be treated as strictly confidential.
POPEO has entered into partnerships with product catalog management solutions, such as Shopping Feed and Beezup.
Alternatively, POPEO can provide the Publisher with a plug-in which will automatically generate its Product Catalog. This plug-in currently works for e-commerce sites under Prestashop and Woocommerce.
In this case, the Publisher can either install this plug-in himself on his e-commerce website, or have it implemented by any service provider.
POPEO will communicate to the Publisher (and/or its service provider) the instructions for the implementation and proper functioning of this plug-in.
The Product Catalog must be kept up to date in order to ensure optimal functioning of Popeo technology.
The Publisher is informed that if the Product Catalog communicated to POPEO is not kept up to date, the relevance of the product recommendations when leaving its e-commerce website might be significantly impacted.
The Publisher acknowledges being the only one to have information relating to its e-commerce website, as well as the sole responsible for the data relating to its Product Catalog.
POPEO may, if necessary, communicate to the Publisher the name of a professional service provider, having the experience required to extract its Product Catalog in accordance with standard practice.
POPEO does not intervene within the framework of this installation, and therefore assumes no responsibility in the event of improper implementing by the Publisher and/or by the service provider.
The product catalog of the e-commerce website must respect public order. In this regard, the Publisher commits to comply with the applicable legislation, as well as the applicable regulations.
10 - WARRANTIES AND LIABILITY
POPEO does not provide any consultancy services, nor any specific development for the Publisher.For any specific development (such as extracting the Publisher’s product catalog), POPEO may redirect the Publisher to one of its partners.
In such a case, it will be up to the Publisher to monitor and verify any action of this service provider on his website, and/or on his server, in order to check any mishandling.
The Publisher will also ensure that the service provider only provides temporary access to his own server, and changes the password communicated as soon as the support would have been provided.
The Publisher acknowledges that POPEO is a third party to the service provided by the service provider, and therefore assumes no responsibility for any direct or indirect damage that may result from this service.
POPEO gives no express or implied guarantee, for any reason whatsoever; in particular, it does not provide any guarantee of quality, proper functioning, compatibility or suitability for a particular use of the technology of the Popeo Platform.
POPEO does not grant any guarantee to the Publisher concerning the achievement of a revenue, through the Popeo Platform.
The Publisher guarantees and declares to POPEO that he is duly authorized to enter into this agreement, and to fulfill his relevant obligations.
The Publisher is responsible for the content of his website. In this regard, it guarantees that his website complies with all applicable laws and regulations, including all rules relating to legislation on advertising, intellectual property, as well as privacy protection (such as European Union rules and local cookie rules).
In general, the Publisher guarantees that the information and content of his website do not violate any intellectual property rights, that they are not offensive, prohibited or questionable.
10.2 Obligations of POPEO
POPEO will keep records, for the duration of the present contractual relationship, the data relating to the traffic generated by the Publishers’ Exit Pop-in.Regarding the “Starter”, “Premium”, “Pro” plans, or higher on estimate, POPEO will ensure the permanent availability of the statistics of the Pop-in, i.e. the number of impressions and clicks on the recommended items.
10.3 Limitation of liability of POPEO
The liability of POPEO is limited to cases of serious and intentional misconduct.To the extent permitted by law, POPEO will not be liable for any special, indirect, consequential, incidental or punitive damage, related to this agreement, even in the event that the Publisher has been warned of the possible occurrence of such damage.
POPEO will not be liable for any delay or non-performance of its obligations due to a case of force majeure, beyond its control, including in particular fires, floods, insurgencies, wars, acts of terrorism, earthquakes, failure of telecommunications networks and internet, civil unrest, explosions, embargo, strikes, etc.
POPEO will do everything possible to keep its systems as secure and available as possible.
However, POPEO cannot be held liable for any loss, alteration, corruption or damage caused to data, systems or programs, or interruptions in the accessibility of the services of the Popeo Platform; no more than for error in the security system, viruses or other harmful software components within the service of the Popeo Platform, or for any damage caused by viruses or components of the service to the Publisher’s Website.
POPEO will not be held liable for any loss which would be a consequence of a violation by any Publisher of one or other of his obligations mentioned in these T&Cs.
The Publisher acknowledges that he is the only responsible for his website and its content; POPEO acts only as a technical intermediary.
No legal action, whatever the legal basis, relating to services provided by POPEO, can be initiated by the Publisher, after the expiration of a period of one (1) year, from the occurrence of the event giving rise to this action.
In any event, POPEO’s liability may not exceed an amount equal to the total sums invoiced by POPEO to the continuing Publisher, during the period of six (6) months preceding the date on which its liability was incurred.
10.4 Obligations of the Publisher
The Publisher commits to comply at all times with all applicable laws and regulations.In particular, he is prohibited from:
• The use of any process to obtain forced, illegal, or fraudulent clicks.
• The implementation of the tag, provided in his interface, on a website other than the one registered and validated on the Popeo Platform.
Any proven attempt by the Publisher, or a third-party accomplice, to intervene on the system which counts the results of the number of Clicks, in any way whatsoever, may lead to the blocking, with immediate effect, of the Publisher’s account.
The Publisher must immediately inform POPEO, in the event of suspicion of an abusive or unlawful use of the Pop-in.
If the Publisher offers a promotion in the Pop-in, he guarantees that it is exceptional and unusual in nature, that it is effective, and that it is not fictitious. POPEO will not be responsible for any practice of the Publisher which might mislead the consumer on the promotional nature of the offer.
In general, POPEO is in no way responsible for any damage caused to third parties as a result of any Content displayed in the Pop-in.
The Publisher releases POPEO from any liability in the event of a request from a third party resulting from any breach of this article 10, or from any request which, if justified, would constitute a breach within the meaning of this article 10. In this context, The Publisher commits to defend and indemnify POPEO against all related proceedings, allegations, damage (direct or indirect), costs, commitments and expenses (including legal costs).
Failure by the Publisher to comply with any of the above-mentioned provisions may result in his exclusion from the Popeo Platform, and, where applicable, the non-payment of sums that may be due to him.
In the event of termination of a Publisher’s account for fraud, the Publisher will no longer be allowed to register on the Popeo Platform.
The Publisher declares to be insured for its professional civil liability, with a well-known solvent company, for all potential material and immaterial damage resulting of the use of the Popeo Platform. He will provide the POPEO Company, on first request, with an insurance certificate.
11 - TERMINATION OF THE CONTRACTUAL RELATIONSHIP
11.1 Termination by the Publisher
For monthly plans, the Publisher may terminate this agreement with eight (8) days’ notice, before the end of the current monthly period.For annual plans, the Publisher may terminate this agreement with fifteen (15) days’ notice, before the end of the current annual period.
The Publisher’s request for termination may be made:
- Online through its interface.
- By email or by post to the attention of SAS POPEO, 48 rue Botzaris, 75019 Paris, France.
11.2 Termination by POPEO
For monthly plans, POPEO may terminate the contractual relationship with a notice of eight (8) days before the end of the current monthly period.For annual plans, POPEO may terminate the contractual relationship with a notice of fifteen (15) days before the end of the current annual period.
POPEO may terminate the contractual relationship without notice in the event of failure by the Publisher to fulfill his obligations as defined in these T&Cs.
Termination may be made by email or by post to the attention of the Member.
11.3 Effects of termination of this agreement
Closing costs of twenty (20) euros excluding tax might be invoiced to the Publisher.Upon termination of this agreement, all authorizations under the T&Cs will end, and the Publisher will no longer have access to his account on the Popeo Platform.
The Publisher must immediately remove the tag from his website.
12 - OBLIGATION OF CONFIDENTIALITY
Each of the parties commit not to communicate to persons who are not expressly mentioned in this agreement (with the exception of the legal representatives or advisers, in the event of a legal obligation and/or in case of demand by a judicial or regulatory authority), any confidential information relating to the activity or business of the other party (including subsidiaries of the other party), of which it may have become aware in the context of the execution of these T&Cs.The information and data collected during the present agreement can only be used by the Publisher, in the context of concrete use of the Popeo platform.
Any transfer to third parties, and any use for other purposes, and in particular for commercial purposes, is strictly prohibited.
POPEO is authorized to collect, process, record and use data relating to the Publisher for its own purposes.
13 - MISCELLANEOUS
The relationships ruled by the present T&Cs are established for an indefinite period.The Publisher cannot, without the prior written consent of POPEO, assign, sublicense or negotiate in any form whatsoever, this agreement, or any rights resulting therefrom, or subcontract all or part of the obligations relating to it, for any reason whatsoever.
Nothing in this agreement should create, or be deemed to have created, a partnership, a company, a de facto partnership, or an employer and employee relationship between POPEO and the Publisher.
The parties acknowledge that they act on their own behalf as independent companies and will not be considered agents of each other.
These T&Cs do not constitute an association, a franchise, or a mandate given by one of the parties to the other party. In addition, each party remains solely responsible for its actions, allegations, commitments, services, products and staff.
Each party will be responsible for respecting his relevant obligations relating to Law No. 78-17 of 6 January 1978 with respect to data processing, files and freedoms, in its version currently in force.
POPEO commits to take all useful and appropriate precautions to preserve and ensure the security of personal data transmitted by the Publisher within the framework of the execution of the present terms and conditions, in particular to prevent personal data from being distorted, damaged, destroyed or accessed by any unauthorized third party.
In the event of a request for the transmission of data and documents of all kinds by an administrative or judicial authority, upon legal, judicial or regulatory requisition concerning the Publisher, POPEO undertakes to carry out the operations in accordance with the terms of the requisition. In this case, all related costs and fees might be invoiced to the Publisher.
14 - COPYRIGHT
The Publisher acknowledges and accepts that the content of the Popeo Platform, and in particular, but not exclusively, texts, photographs, videos, software, programs, layout, graphic charter, logos, design or any other information or medium presented by POPEO is protected by French and international legislation on copyright, database producer rights, trademark rights and associated rights (in particular articles L122-4, L122-5, L341-1. of the Intellectual Property Code).Any reproduction and / or representation, in whole or in part, of one of these rights, without the express authorization of POPEO is prohibited and constitutes an infringement punishable by articles L.335-2 and following of the Intellectual Property Code.
The Publisher acknowledges that the information and databases accessible on the Popeo Platform are the exclusive property of POPEO.
In particular, this information cannot be used for commercial purposes by the Publisher, nor be reproduced on another website, nor compiled using search software, a meta-engine or a website vacuum.
In general, it is strictly forbidden to extract, reproduce and reuse the content of the Popeo Platform, on any other platform, in any form whatsoever.
POPEO is the sole owner of the methods and know-how or tools that are specific to it, used to perform the contractual services. The Publisher is prohibited from modifying or attempting to modify, create derivative works, decompile, reverse engineer the source code of the Popeo Platform technology, or any other POPEO software, or documentation.
POPEO is the sole owner of all intellectual property rights relating to the technology and data on the Popeo Platform.
In this agreement, the Publisher does not obtain any rights or licenses, other than the right to place the tag of the Pop-in on his website.
Throughout the relationship between the parties, the Publisher authorizes POPEO to use his distinctive signs and intellectual property rights, for the purposes of using the service and / or to promote the development of the Popeo Platform.
In the event of breach of these T&Cs, POPEO will retain the right to use the Publisher’s name and logo as a customer reference, unless explicitly forbidden by the Publisher.
The purpose of this confidentiality policy is to inform the Publishers, in a complete and transparent manner, about the use of their personal data, and in particular, of the way in which POPEO can carry out such processing through the website https://popeo.io/, as well as in the context of its marketing activity.As part of this collection of personal data, the data controller is the Chairman of POPEO.
POPEO is likely, if you are a client or prospect of it, to collect personal data, which will be used for the purposes of performing the service offered by POPEO, i.e. the provision of a service of artificial intelligence, according to strict qualification criteria.
In this respect, POPEO will be required to collect, store and use your names, first names, contact details, telephone number, address, as well as any other information voluntarily communicated by you.
All personal data, provided at the time of registration on the Popeo Platform, and when using the related services, are managed by POPEO.
POPEO commits to process all the data collected in accordance with the law n ° 78-17 of January 6, 1978.
In accordance with data protection regulations, the Publisher must obtain the prior, free, specific, informed, unambiguous and revocable consent of any Internet user for the deposit of cookies by POPEO due to the appearance of the Pop-in Exit, and/or a Click on its content.The Publisher will not provide any personal data to POPEO on Internet users visiting its website, without the prior written consent of POPEO.
Popeo technology allows POPEO to collect anonymous information on Internet users consulting the Publisher’s Site, in particular their IP address.
This information is only kept for the duration of the Internet user’s session on the Publisher’s Website, and only for the purposes of the service offered by POPEO.
The Publisher must take appropriate measures to provide data holders with information on how personal data is processed by or on behalf of the Publisher.
This information must at least include all the information required by Articles 13, 14 and 26 of the GDPR, in a concise, transparent and easily accessible form, as well as in clear terms.
POPEO must take appropriate measures to provide data subjects with information on how personal data is processed by or on behalf of POPEO.
This information must at least include all the information required by Articles 13, 14 and 26 of the GDPR, in a concise, transparent and easily accessible form, as well as in clear terms.
Each party must take reasonable steps to ensure the reliability of any employees, agents or subcontractors who may have access to personal data, ensuring at all times that access is:
- strictly limited to those who need to know and/or access the personal data concerned; and
- strictly necessary for the purposes of these terms and conditions, and for compliance with data protection regulations in the context of the obligations of these persons.
15.4 Security and confidentiality of the personal data
Regarding personal data, each party must implement appropriate technical and organizational measures to guarantee an adequate level of security, including, if the situation so requires, the measures mentioned in Article 32 (1) of the GDPR.In doing so, each party should consider the following:
- the state of the art, the costs of implementation, as well as the nature, scope and objectives of the processing; and
- risks, varying in probability and severity, for the rights and freedoms of individuals.
When assessing the appropriate level of security, each party must in particular take into account the risks associated with processing, including following access to personal data transmitted, stored or processed, or their accidental or unlawful deletion, to their loss, alteration or unauthorized disclosure.
15.5 Personal data breach
Each party must:
- immediately inform the other party as soon as it becomes aware of a personal data breach; and
- provide the other party with sufficient information to allow it to fulfill all of its obligations under which it is required to report or communicate to data subjects the presence of a data breach on the network under the regulation of data protection or related with it;
- consult appropriately with the other party regarding external communications and the public relations management strategy related to the data breach on the network;
- not to issue a press release or communicate with any member of the press regarding the data breach on the network without obtaining the prior written permission of the other party.
The notification defined above must at least:
- describe the nature of the data breach on the network, the categories and number of data subjects affected, as well as the categories and number of personal data records affected;
- describe the likely consequences of the data breach on the network; and
- describe the actions taken or to be taken to remedy the data breach on the network.
The Publisher must cooperate with POPEO and take the reasonable commercial measures required by POPEO to participate in the study, limitation and resolution of each data breach on the network.
15.6 Transfer of data
Neither party should transfer personal data to countries outside the EEA in violation of applicable data protection regulations.The Publisher must not use any report generated through its online interface to create visitor profiles, as defined by the GDPR.
The Publisher must refrain from performing, or omitting to perform, any act which might subject POPEO to violation of any of its obligations under data protection regulations.
The Publisher is informed that POPEO may be required to communicate personal data:
- To its technical service providers to (i) host personal data, register and maintain accounts, (ii) help provide services and (iii) manage customer relations.
These technical service providers are required to respect the confidentiality of personal data and do not have the possibility of using personal data for a purpose other than that for which POPEO provides them.
- To the authorized administrative authorities in the event of an offense or violation of the T&Cs or when the communication of personal data is required by law.
15.7 Right of access, rectification, deletion and opposition to the processing of personal data
In accordance with the legislation in force, the Publisher has a right of access, rectification, deletion, as well as opposition to the processing of his personal data.He can exercise his rights by writing to POPEO – Service Client – 48 rue Botzaris – 75019 Paris, France, or by sending an e-mail to firstname.lastname@example.org.
In order to be able to answer favorably to his request and in accordance with the regulations in force, the Publisher must attach to his request a copy of any official identity document including his name, first name, date and place of birth to prove his identity.
As a reminder, the Publisher is required to update his identification information in the event of changes in his situation.
The data collected by POPEO will be kept in a form allowing the identification of the persons concerned for a period which does not exceed the period necessary for the purposes for which they are collected and processed.
In this regard, POPEO keeps personal data for a period of five (5) years from the end of the contractual relationship.
POPEO uses all standard practices and implements strict security procedures to prevent unauthorized access and to comply with applicable personal data protection legislation.
All personal information provided is stored on secure servers of the technical service provider.
Secure servers encode all personal data entered.
The servers of POPEO’s technical service providers are located in the European Union.
16 - SPONSORSHIP
As part of the sponsorship program implemented by POPEO, a Publisher can benefit from one (1) month of free subscription to its current subscription plan, if the following cumulative conditions are met:
- Another Publisher (the “sponsored”) subscribes to the Popeo Platform, on his recommendation.
- The sponsored enters the name of his sponsor when registering.
- The sponsored subscribes to a paid subscription plan on the Popeo Platform, and keeps it active beyond his trial period.
The sponsor will be able to accumulate months of free subscription for each new sponsored who fulfill the above-mentioned conditions.
17 - DISPUTE RESOLUTION AND GOVERNING LAW
Any dispute relating to the existence of the relationship, the extent of the duties and obligations of the parties to this agreement, the validity or the interpretation of a provision, is governed by French domestic law.In the event of a dispute relating to the existence of the relationship, the extent of the duties and obligations of the parties to this contract, the validity or interpretation of a provision, and in the absence of an amicable solution, express jurisdiction is attributed to the “Tribunal de Commerce” de Paris (“French Commercial Court”), notwithstanding plurality of defendants or call in guarantee, even for emergency proceedings or for conservatory proceedings, in summary proceedings or by petition.
If one or more provisions of these T&Cs are held to be invalid, inapplicable or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations of the T&Cs will remain fully applicable.