The BeOp website, accessible at the URL address beop.io (hereafter referred to as the “Website”), is the property of The Odyssey, 6 rue du Général Clergerie, Paris (75116), registered with the Paris Commercial Register of Companies under the number 812 491 314 (hereafter referred to as “« BeOp »).
Unless otherwise specified below, the content appearing on the Website is the exclusive property of BeOp and/or its respective owners. Without prejudice to the provisions of Article 6.I.2 et. seq. of French Law 2004-575 of 21 June 2004 for Confidence in the Digital Economy (hereafter referred to as the “LCEN”), BeOp cannot be held liable for the content hosted on the Website and published by Members according to the terms and conditions below.
Use of the Website and Services by Members is subject to the acceptance of the Services’ General Terms and Conditions of Use in force at the time of their registration on the Website (hereafter referred to as the “GTCU”).
Use of the Website by Users, as well as non-Member visitors, implies their full and complete acceptance of the GTCU provisions that apply to them, with the exception of the dispositions relative to registration in force at the time the Website is accessed, and the GTCU provisions applying exclusively to Members.
The GTCU constitute a contract between BeOp and Members or Users, who agree to adhere to them.
Louis PRUNEL and Martin COMAR, acting as Co-Chairmen and Co-CEOs.
Terms in the GTCU beginning with an uppercase letter, whether singular or plural, will have the definitions specified hereafter.
The Website is composed of a platform available on the Internet and made available by BeOp.
The Website notably offers its Members access to Widgets, the ability to receive newsletters presenting the most popular content or questions, as well as electronic alerts (registered friends, poll results, responses to questions or advice, etc.). To accomplish this, BeOp collects Identifying Data while the Services are being used by Members, and transmits them to the Partners. The Partners use the Identifying Data so that the Services, and particularly the Widgets, function and synchronize on the Partner Websites.
The Services are delivered by BeOp as SaaS (Software-as-a-Service).
Both the Member and BeOp are considered to have entered into an agreement governed by the GTCU from the moment the Member registers until either one of the parties terminates this agreement in accordance with the provisions set out in the GTCU.
Both the User and BeOp are considered to have entered into an agreement governed by the GTCU from the moment a Widget is used by the User on the Website or a Partner Website.
Registering to use the Services is not obligatory for simply interacting with the Widgets made available online and accessible on the Website or a Partner Website. However, registering to use the Services as a Member entails creating a user account (hereafter referred to as the “Account”), which is required to access all the Services and, particularly, to create, publish and disseminate Widgets made available online and accessible on the Website or a Partner Website.
Once an Account is created, the Member can access all the Services offered by BeOp on the Website and/or a Partner Website, or interact with other Members, provided that the Member is signed in to their Account.
The equipment (computer, software, telecommunications devices, etc.) used to access the Website and Services remains the responsibility of the Website's Members, as are the communication costs incurred through their use.
Members are not required to pay to create an Account, although they must be at least 18 years old and agree to the Website's GTCU. Only one Account can be created per email address.
If the Member is a minor, authorization from a parent or legal guardian must be granted before registering. Parents or legal guardians are responsible for ensuring that underage Members adhere to the GTCU.
To register, Members must fill out a form in order to benefit from the Services. All fields are mandatory unless stated otherwise.
The Member agrees to provide only true and accurate personal data and information. In addition, they particularly agree not to steal the identity of others, and inform BeOp immediately of any changes to the personal data and information provided upon registering and, if necessary, enter these changes in the Account Management section at the following URL address: https://dashboard.beop.io. Once registration is complete, a confirmation email will be sent to the email address provided by the Member in order to finish creating the Account.
When creating their Account, the Member must choose a personal username and password (hereafter referred to as the “Login Information”). Login Information must be strong enough to be sufficiently secure. Login Information is sent to BeOp in encrypted form. Each Member can only create and possess a single Account.
The Member's username will be made public on the Website, the Partner Websites and in the Widgets when interacting with the Services, and particularly to communicate with other Members.
BeOp offers Members the opportunity to choose any username, in accordance with legal provisions and the GTCU, and in consideration of other Members. In any event, BeOp reserves the right to refuse to register a Member, and/or make Members correct their username in order to register.
The Member is responsible for keeping their Login Information confidential. The Member is solely responsible for the use of their Account and Login Information. In consequence, the Member agrees to keep their Login Information secret and not disclose it in any way whatsoever. Members are solely responsible for any use of the Services, connections, or data transmissions via their Account using their Login Information, and such acts will be assumed to have been performed by them, unless otherwise disputed in writing and duly justified to BeOp by registered letter with acknowledgment of receipt sent to 6 rue du Général Clergerie, 75116 Paris.
BeOp cannot be held liable for the loss of one or more elements comprising the Login Information as well as, in the absence of prior objection legally made to BeOp in writing, any losses or damages resulting from the unauthorized use of the Member's account by another person. In cases where one of the elements comprising the Login Information is lost or stolen, the Member will follow the procedure established by BeOp to recover their Login Information. BeOp does not have access to the passwords chosen by the Members, and has no way to provide them directly to Members.
BeOp, which has no power to control the veracity of the information provided by Members when creating an Account, cannot be held liable for any false declarations made, or any identity theft committed by Members. Members agree to provide BeOp with accurate information, and update it if any changes occur over time.
As part of a Member's and User's use of the Services, BeOp is compelled to access and collect personal data relative to these same Members and Users, including Login Information--except passwords, which BeOp has no way of accessing in an unencrypted manner--and Identifying Data (hereafter referred to as “Personal Data”). Personal Data is collected when Members register to use the Services, and whenever Members or Users use the Services on the Website or a Partner Website.
Personal Data are processed as Confidential Information, and are protected by BeOp in accordance with the Terms and Conditions specified in Clause 6 of the GTCU.
As part of collecting Personal Data and in order to provide the Services to Members and Users on the Website and Partner Websites, BeOp acts in the capacity of Controller as defined in European Regulation Number 2016/679 of 27 April 2016 (the “GDPR”). In this regard, BeOp complies with the applicable regulations, particularly the GDPR.
As part of processing Personal Data for the use of the Services offered on Partner Websites, particularly the Identifying Data BeOp sends to Partners, the Partner acts in the capacity of Controller as defined in the GDPR.
In this case, and insofar as BeOp does not act in the capacity of Controller, BeOp cannot be held liable for its Partner's failure to comply with its obligations as Controller in accordance with the applicable regulations, particularly the GDPR. In this regard, Members and Users may, if they wish, exercise the rights they possess through the applicable regulations, particularly the GDPR, or lodge a complaint, by contacting the Partner in question directly. The contact information of the Partner in question is indicated on the corresponding Partner's Website, in the information section displayed when using a Widget on this Partner’s Website.
After consent is provided, the following cookies may be installed on a Member or User’s computer or device while using the Website and Services:
All data collected by the browsing cookies installed by BeOp are stored for a maximum of 13 (thirteen) months after analysis. Advertising cookies installed by BeOp are stored for 24 (twenty-four) hours, and are reinstalled each time a user visits. Cookies installed by BeOp are used for the purposes described above, subject to the choices made by the User or Member when setting the browser configuration used with the Services, and which can be changed at any time.
BeOp cannot be held liable for cookies installed by Partners or any cookie contained on Partner Websites. Members and Users may exercise the rights they possess through the applicable regulations, particularly the GDPR, or lodge a complaint, by contacting the Partner in question directly, or by following the instructions provided below. The contact information of the Partner in question is indicated on the corresponding Partner's Website, in the information section displayed when using a Widget on this Partner’s Website.
Most browsers are able to accept, manage or eventually disable cookies in their configuration settings. By disabling browser cookies, the Website may not function properly and/or the Services offered may be limited.
The procedure for managing cookies and cookie preferences is slightly different depending on the browser used. Users can consult the steps for managing cookies in their browser's help menu.
Each browser's configuration for managing cookies and user preferences is different. Information in the browser's help menu describes how to change the configuration of cookies. In addition, BeOp provides a simple button in its privacy-policy that will delete all the cookies stored on the https://beop.io domain.
For more information: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/conseils-aux-internautes/
All data collected relative to using the Services is used by BeOp and its service providers located in the European Union to further their company’s objectives and provide the Services. These data will be processed for the purpose of managing the Member's Account, to benefit the Members and Users of the Services and manage their relationship with BeOp, and, if necessary, notify Members and Users of current news and offers, monitor audiences and satisfaction, and provide services and offers tailored to their use of the Services and their areas of interest.
Identifying Data may also be shared with its Partners so that Members and Users can interact with the Widgets on a Partner Website. Rights relative to these Identifying Data as well as any personal data held by the Partners in order to provide services pertaining to the Partner Websites are exercised by contacting the Partners in question. All data collected when Members register on the Website or when they use the Services on the Website or a Partner Website are the exclusive property of BeOp. Notwithstanding the foregoing, BeOp may, if necessary, share with Partners any data pertaining to the content or Widget the Partners provide for the Services. In such cases, the Partner is responsible for any processing it does for its own purposes.
Website Members, upon providing BeOp with proof of their identity, have the right to access, rectify and object to their Personal Data, as well as the right to delete their Personal Data in accordance with the provisions set out in the GDPR, by contacting BeOp by mail at the address indicated in Clause 1, or by email at: email@example.com.
If Members or Users wish to exercise their right to object, BeOp will stop processing their Personal Data, except for legitimate and compelling reasons, or to ensure the establishment, exercise or defense of legal claims, in accordance with the GDPR.
Upon providing BeOp with proof of their identity, Members and Users also have the right to retrieve their Personal Data in a structured commonly used and machine-readable format, and have the right to transmit those data to another controller, as defined in the GDPR. Where technically feasible, Members and Users have the right to request that BeOp have the Personal Data transmitted directly from one controller to another, as defined in the GDPR.
BeOp agrees, in accordance with the provisions of the GDPR, to retain the Personal Data collected only for the time strictly necessary for providing the Services. The Personal Data concerning a Member may be retained for the time necessary for BeOp to manage their relationship, and for a maximum of three (3) years starting from the end of this contractual relationship. The Personal Data concerning a User may be retained for a maximum of thirteen (13) months. Identifying Data may be retained for a maximum of thirteen (13) months.
BeOp may send, either regularly or periodically, informational emails to Members. During the registration process in particular, BeOp will offer the option of receiving a newsletter. Members can object to this at any time by clicking on the unsubscribe link found at the bottom of each email received.
In the event of a disagreement between the parties concerning the processing of the Members or Users’ Personal Data by BeOp, a claim can be made by contacting BeOp using the contact information indicated in Clause 1 of the GTCU or at the following address:firstname.lastname@example.org. BeOp will strive to find a solution that satisfies the Member or User in order to comply with applicable regulations and/or Clause 5 of the GTCU. In the absence of a response from BeOp, or if the disagreement persists despite BeOp’s proposal, the Member or User has the option of filing a complaint with the French National Data Processing and Liberties Commission (CNIL).
Except for the communication of Identifying Data to Partners for the needs of the Services, BeOp agrees to process information concerning Members and Users, including their Personal Data (“Confidential Information”) in a confidential manner. From this perspective, BeOp has implemented the appropriate security measures to ensure the confidentiality of Confidential Information, and prevent unauthorized third-parties from consulting, using, copying, disclosing, modifying, damaging or destroying this Confidential Information. This obligation of confidentiality does not apply to information disclosed by a Member or a User, and to information that BeOp is required to disclose due to legal obligations or following a request from a court or competent authority.
In accordance with the provisions of Clause 6 of the LCEN, BeOp acts as host of the content published by Members and made accessible through the Services. BeOp has no general obligation to monitor the information created, transmitted and/or stored by Members when using the Services. Notably, BeOp cannot be held liable for the nature and content of the questions asked by Members, Users, and Partners, the formulated answers given, advice, and eventual comments posted, except in cases prescribed by the LCEN.
In this regard, the job of moderating the questions asked, answers given, advice, and comments falls upon the Members, Users or Partners who publish this content, and for which they are responsible. Nevertheless, any Member or User can alert BeOp of the presence of Prohibited Content when using the Services.
Each Member and User agrees to comply with the French regulatory provisions in force, particularly including, but not limited to, the regulations relative to intellectual property rights and to defamatory or abusive language. BeOp reserves the right to promptly delete any content proven or alleged to be unlawful, or which is contrary to the GTCU (hereafter referred to as “Prohibited Content”). Therefore, BeOp cannot be held liable for its removal in such cases. Prohibited Content includes, but is not limited to:
Any User or Member that may be aware of content that is proven or alleged to be Prohibited Content as part of using the Services must report it without delay, in accordance with the provisions of Clause 6 of the LCEN, and as per the available drop-down menu of contentious content, by indicating:
Please remember that presenting content or activity as Prohibited Content for the purpose of having it withdrawn or stopping its dissemination while knowing that this inaccurate is punishable by one year in prison and a 150,000-euro fine.
The Widgets, Services, Website and its contents (hereafter referred to as “BeOp Content”) are the exclusive property of BeOp or their respective owners.
Modifying, copying and reproducing BeOp Content without its prior written authorization is prohibited.
The BeOp brand and logo are the exclusive property of BeOp.
As part of using the Services, BeOp allows Members and Users to interact with Widgets and, for logged-in members, to publish content on the Website or a Partner Website such as, notably, Widgets, questions and answers, advice, and comments (hereafter referred to as “Member Content”).
Member Content belongs to its respective authors, and cannot be modified, copied extracted or disseminated without their prior written authorization. In any event, Members are solely responsible for the Member Content they post online or make accessible.
Each Member grants BeOp a license to use, modify and reproduce Member Content for commercial or non-commercial purposes.
This license is granted on an exclusive basis and without financial compensation worldwide, and for the copyright term that may apply to the Content.
The Member guarantees BeOp that it possesses the necessary authorization or rights to publish the Member Content. The Member is solely responsible for their publication of Member Content. In consequence, BeOp cannot be held liable for the unlawful character of the Content or its online posting by a Member, and reserves the right to remove all Content that does not comply with the GTCU or French laws in effect.
BeOp offers Members the option to syndicate Member Content (hereafter referred to as “Syndication”), by integrating this Member Content into a third-party website (hereafter referred to as “Embedding”) and sharing exchanges between Members to third-party websites (hereafter referred to as “Externally Shared Content”).
Agreeing to the GTCU signifies that the Member also agrees to the Syndication of Member Content.
For Externally Shared Content, BeOp provides Members with a sharing module or link that directs to third-party websites such as Twitter, Facebook or LinkedIn. All Members acknowledge that sharing Member Content on these third-party websites requires that they register, under their own responsibility, for the services provided by their respective publishers.
All Syndication must comply with the GTCU and, if applicable, the General Terms and Conditions of the third-party website on which the content is syndicated by the Member or a third party, under their own responsibility. In consequence, BeOp cannot be held liable for Member Content or its online posting following its Syndication by the Member or any third party, and for which the latter is responsible. BeOp reserves the right to remove any content Members post online that does not comply with the GTCU.
The Advertiser or its Authorized Representative must comply with the technical specifications of the BeOp platform. The Advertiser will have to provide BeOp with the Advertiser Content (logos and visuals) and the offers it wishes to promote via BeOp’s Sponsored Widgets.
The Advertiser or its Authorized Representative agrees that the Sponsored Widgets will be disseminated by the BeOp Publishers Club, and that, unless specifically agreed to by the parties, BeOp will be able to determine the Position and order of priority for posting the Sponsored Widgets coming from the different campaigns competing on BeOp’s Content Server (Managed Services and Self-Services). The Advertiser or its Authorized Representative agrees that its Sponsored Widgets could be posted alongside advertising messages of its direct or indirect competitors.
The performance of the various advertising campaigns carried out via BeOp's Sponsored Widgets will be measured by BeOp's Content Server, via all the necessary indicators (impact, interactions, clicks, videos viewed, etc.) to calculate and monitor costs related to the terms and conditions of the Advertising Order signed by the Advertiser, its Authorized Representative, and BeOp. The BeOp teams in charge of posting and optimizing the advertising campaign will share all the statistics coming from the BeOp content server with the Advertiser or its Authorized Representative. The Advertiser or its Authorized Representative will be able to request modifications to, and optimization of, its advertising campaigns at any time by contacting the BeOp teams in charge of the Managed Services. The Advertiser or the Authorized Representative must formulate this request in writing and send it to the BeOp teams.
The Partner will be invoiced based on the pricing terms and conditions specified in the Advertising Order and/or all the specific features selected by the Partner that may be invoiced according to the terms and conditions accepted by the Partner in the Services Contract. The Partner will receive invoices from BeOp on a monthly basis. BeOp does not guarantee that the budget set by the Advertising Order or on the Platform will be reached. Unless otherwise specified in the Services Contract, the Partner will have to pay all amounts due, without the possibility of compensation, within 30 days from the invoicing date. The currency for the invoice will be binding for all payments, which remain exclusive of any tax applicable under law. BeOp reserves the right to invoice interest as well as collection costs for unpaid amounts due, in accordance with applicable law. Claims regarding an invoice can only be made within one month from the date the invoice is received. The Partner can also pay its balance by credit, thus enabling BeOp to deduct the amounts due directly from the Partner’s bank card via the platform.
All Members and Users hold BeOp harmless against any judgment that may be pronounced against BeOp due to the Member or User's failure to adhere to their obligations under the terms of the GTCU or the regulatory and statutory provisions in force, particularly in cases concerning Prohibited Content and Infringement.
BeOp can only be held liable if fault on its part is definitively established by the courts having jurisdiction, and they render a final non-appealable decision.
BeOp strives to ensure that the information disseminated by the Website is accurate and up to date, and reserves the right to correct the content at any time without notice. However, BeOp cannot guarantee its accuracy, completeness, and veracity, or the absence of changes by a third party. Furthermore, BeOp disclaims all liability in the event of errors or omissions in the content of the Website pages, and any use of them that may be made by Members, Users or third parties.
The Website includes links to other Websites or other external sources. Insofar as BeOp cannot control these Websites and external sources, it cannot be held liable for making these Websites and external sources available, and cannot be held liable for the content, advertising, products, services or any other material available on or via these websites or external sources. Furthermore, BeOp cannot be held liable for any proven or alleged consequential damages or losses, or any relative to the use of the goods and services available on these websites or external sources.
Members are informed that BeOp may be compelled to disclose any content in order to comply with applicable law or, if in good faith, it deems that such measures are necessary, notably within the framework of judicial proceedings, and particularly to enforce compliance with the GTCU, in order to respond to complaints and/or claims invoking the violation of the rights of third parties, and to protect these rights or interests, its Members or Users, or the public, without this list being exhaustive.
The Services are provided as-is. BeOp cannot be held liable for Member or User software deterioration, or any computer hacking they may fall victim to while using the Services, and which is not directly attributable to an error on the part of BeOp.
The beta version is likely to possess anomalies, and only offers a version of the Website with limited features.
Since the data stored on the Website by BeOp may be destroyed, each Member is urged to store backup copies of their data.
With regard to the beta version, BeOp cannot guarantee Members a certain level of service or upkeep. In consequence, accounts are likely to be deleted without notice.
BeOp will make every possible effort to ensure that the Website and Services are available to Members at all times.
Use of the Website and Services may be momentarily interrupted for any reason beyond BeOp's control, which includes cases involving force majeure, maintenance, technical updates or improvements, or changes to its content and/or appearance.
BeOp is not responsible for any reason whatsoever if the Website or Services do not function, cannot be accessed or operate under poor conditions.
BeOp cannot be held liable for any loss and/or damages caused by the unavailability of the Website and/or Services.
The GTCU constitute a contract between BeOp and the Member or User.
In particular, BeOp is fully authorized to delete a Member Account if the Member fails to comply with any of their obligations in accordance with the GTCU.
If a Member fails to comply with the stipulations set out in the GTCU, BeOp, without prior notice and without compensation, and without prejudice to any other recourse whatsoever, reserves the right to stop providing all or part of the Services and, in particular, suspend, in whole or in part, access to the Website, close a Member Account, and block any new registration attempt by the Member, and/or consider this contract automatically terminated without prejudice to any damages and interests that BeOp or possible Partners or third parties may claim.
This exclusionary measure is implemented without prejudice to any criminal or civil legal proceedings which the Member or User may be subject to by the public authorities, Partners or third parties, or BeOp in cases where the Member's conduct may have harmed its interests.
BeOp can make changes to the GTCU at any time. Members or Users will be notified of the nature of these changes as soon as they are posted on the Website. The changes will enter into force one month after being posted on the Website. Changes will immediately apply to Members who register after the changes are posted on the Website, and who expressly accept them during the Account confirmation process.
If any part whatsoever of the GTCU should be unlawful, invalid or unenforceable for whatever reason, the term or terms in question will be declared non-existent, and the remaining terms will retain their full force and scope, and continue to apply. The terms declared non-existent will be replaced by terms that most match the content of the canceled clause and BeOp’s original intentions.
The logs stored in BeOp's information system and under security conditions generally recognized as reliable, are considered proof of any communication, agreements and payments made between the parties, unless proven otherwise.
The evidential value of these logs cannot be called into question simply due to their electronic nature.
** THE GTCU ARE SUBJECT TO FRENCH LAW.**
IN THE EVENT OF A DISPUTE REGARDING THE MEANING OF A TERM OR PROVISION IN THE GTCU, THE MEMBER OR USER CAN CONTACT BEOP BY SENDING A REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT TO: SAS THE ODYSSEY – 6 RUE DU GENERAL CLERGERIE, 75116 PARIS.
IN THE EVENT OF A DISPUTE, BEOP AND THE MEMBER OR USER WILL STRIVE TO REACH AN AMICABLE SOLUTION.
ALL LEGAL CLAIMS RESULTING FROM THE GTCU THAT WERE NOT RESOLVED AS DESCRIBED IN THE PRECEDING PARAGRAPH WILL BE JUDGED BY THE COMPETENT COURT OF JURISDICTION IN PARIS.