T&Cs & Privacy

(version updated on 17/06/2022)

Definitions

• The website GDPRFOLDER.com and the related activity (promotion and marketing of our tool) are managed by GDPR FOLDER FRANCE, whose head office is located at 8 rue Barreau, 92600 Asnières sur Seine and designated in the present general conditions by "GDPR FOLDER FRANCE" or "We".
• By "customer", one understands any natural or legal person to whom GDPR FOLDER FRANCE makes an offer or with whom GDPR FOLDER FRANCE subscribes a contract of services or sale of products, this offer or this contract being declared subjected to the present general conditions.
• Because of the activity of GDPR FOLDER FRANCE, only legal entities or independent workers will be able to contract with GDPR FOLDER FRANCE and thus no private individual or consumer can be customer of GDPR FOLDER FRANCE.

Application

• The present general conditions apply to all the offers made by GDPR FOLDER FRANCE and to all the contracts that GDPR FOLDER FRANCE concludes with any customer in order to carry out services or to supply products.
• The customer, by the only fact of the signature or acceptance on line of a purchase order, an offer or a contract with GDPR FOLDER FRANCE formally accepts these general conditions and gives up his own general conditions, even if these are joined to one of his commercial documents and even if these exclude the general conditions of his suppliers.
• Any derogation to the present general conditions is valid only insofar as it was expressly agreed by a writing signed by an authorized signatory of GDPR FOLDER FRANCE and that it is expressly mentioned in the article of the present general conditions from which it is derogated.
• For the contracts of a duration of more than one year, GDPR FOLDER FRANCE reserves however the right to modify the present general conditions and to declare these new conditions applicable to the contractual relations. The modified general conditions come into effect 30 days after the announcement of the modifications to the customer.
• Unless otherwise specified in the special conditions, contracts with the customer have a duration that expires
  • Or after 12 months
  • Or after 36 months
• Unless terminated, contracts are renewed by tacit agreement

Offers

• All the offers of GDPR FOLDER FRANCE are made without engagement.
• When an offer of GDPR FOLDER FRANCE is accepted by a customer, GDPR FOLDER FRANCE reserves the right to revoke this offer in the two working days following the reception of the acceptance.

Deadlines

• GDPR FOLDER FRANCE will do everything necessary to meet the agreed deadlines.
• However, these deadlines are indicative and exceeding them does not give the customer the right to renounce the contract and/or to claim compensation.

Prices (rates)

• The tariffs practiced by GDPR FOLDER FRANCE are in euros and will be increased by the tax on the added value (VAT) and by any other tax possibly applicable.
• Unless it has been expressly agreed otherwise, GDPR FOLDER FRANCE is entitled, in the case of contracts of more than one year, to adjust the tariffs applied to the customer at the beginning of each calendar year on the basis of the consumer price index.
• The new rate is calculated by multiplying the initial rate in force by the index of the month of December preceding the new rate, then by dividing the result by the index of the month preceding the oldest date which will be either the date of signature of the contract, or the beginning of the services of GDPR FOLDER FRANCE.

Invoices and payment

• Payment by the customer is made immediately for the entire subscription period.
• The access to the application is opened only after the payment is received.
• For the renewal, the invoices of GDPR FOLDER FRANCE are payable annually and in advance at the anniversary date of the first contract.
• Otherwise, access to the application will be closed.

Data, files and data carriers provided by the customer

• The totality of the data and files to be provided by the customer within the framework of a contract must be given in the format and the manner stipulated by GDPR FOLDER FRANCE.
• GDPR FOLDER FRANCE declines any responsibility as for the errors and delays imputable entirely or partially to the fact that the customer did not conform to these conditions.
• The customer is responsible towards GDPR FOLDER FRANCE for the possible prejudices undergone by GDPR FOLDER FRANCE because of viruses or other corrupted electronic elements present in the data, files or supports of data which he will have provided him.
• The customer guarantees GDPR FOLDER FRANCE against any possible claim of thirds following such viruses or other corrupted electronic elements.
• The customer guarantees that he has the right to make the data, files and data carriers available to GDPR FOLDER FRANCE and that he has the right to entrust GDPR FOLDER FRANCE with the work agreed upon in this respect.
• The customer guarantees GDPR FOLDER FRANCE against any claim of thirds in this respect.

Claims and liability

• GDPR FOLDER FRANCE is only subjected to an obligation of means in order to suitably carry out the work defined or the planned delivery and will be subjected in no case to an obligation of result.
• As the RGPD file is based on the customer's declarations and under his sole responsibility, GDPR FOLDER FRANCE does not guarantee that the file established according to the customer's requests constitutes a guarantee of compliance with the RGPD.
• If the customer estimates that GDPR FOLDER FRANCE is in defect to have carried out its mission adequately, it will have to inform GDPR FOLDER FRANCE in writing within 10 days as from the observation of the defect or the moment when this defect could have been reasonably observed. After this period, the customer will not be able to assert this defect.
• Except for exceptional circumstances which will have to be demonstrated by the customer, this one is considered to have reasonably been able to notice a defect from the moment of reception of the service or the product of GDPR FOLDER FRANCE. In the hypothesis where the customer would have noticed a defect, he is held to bring to GDPR FOLDER FRANCE his whole cooperation in order to allow GDPR FOLDER FRANCE to examine this supposed defect and to correct it within an appropriate time or to propose to the customer a compensation to be determined in case this defect cannot be corrected.
• In any case, it is agreed that the responsibility of GDPR FOLDER FRANCE will be limited to a maximum of 50% of the invoiced amount of the services or the supplies of products within the framework of which this responsibility is engaged.

Confidentiality of GDPR FOLDER FRANCE

• The Information of any nature whatsoever which will have been communicated by the Customer within the framework of his RGPD file to GDPR FOLDER FRANCE, (hereafter the Information) are communicated, in charge of respecting the following commitments:
  • Keep information of any kind strictly confidential,
  • not to publish the Information, not to disclose it to third parties, except for its subcontractors and collaborators who are subject to the same confidentiality
  • not to use the Information, directly or indirectly, for its own needs other than within the framework of the realization of the service requested from GDPR FOLDER FRANCE,
  • communicate the Information only to those employees who need it, after having clearly informed such employees of the strictly confidential nature of the Information and of its ownership.
• GDPR FOLDER FRANCE guarantees the proper execution of the said obligations of confidentiality by the employees and the possible subcontractors and will keep an updated list of the staff members and subcontractors to whom the Information will have been communicated.
• The confidentiality commitment of GDPR FOLDER FRANCE does not concern the information
  • that are in the public domain at the time of receipt,
  • which would fall in the public domain provided that, in this last case, GDPR FOLDER FRANCE is not the cause of it because of the non-respect of the present commitment of confidentiality,
  • which were already known to GDPR FOLDER FRANCE before their transmission by the Customer provided that GDPR FOLDER FRANCE brings the proof of it in a certain way by written documents carrying an indisputable date,
  • which would be communicated to GDPR FOLDER FRANCE after the signature of the present document by a third party not holding them directly or indirectly from GDPRfolder.
• This obligation of secrecy does not apply if the law obliges to transmit information of a confidential nature to a legal authority. If necessary, GDPR FOLDER FRANCE will however inform the Customer in advance and as soon as possible of this communication of Information.

Intellectual Property

• Unless it was expressly agreed otherwise, the rights of intellectual and industrial property (Copyright, neighboring rights, trademarks, patents, drawings, models, rights on any software, and on any database) on all the products and services provided by GDPR FOLDER FRANCE within the framework of the contract remain the property of GDPR FOLDER FRANCE and are not yielded to the customer.
• Unless it was expressly agreed otherwise, the rights of intellectual property (Copyrights, neighboring rights, marks, patents, drawings, models), right on any software, on any data base and on all the products placed at the disposal by the customer within the framework of the contract remain the property of this last and are not yielded to GDPR FOLDER FRANCE
• The customer is only granted a personal, non-transferable right of use.
• Unless expressly agreed in the special conditions, the customer is not entitled to copy or reproduce the products or elements protected by intellectual property rights, nor to publish them in any way whatsoever, nor to assign or transfer them to any company or establishment, whether related or not.
• The data and databases belonging to GDPR FOLDER FRANCE cannot be "extracted" or "re-used" in the sense of the law on the legal protection of databases, except in case of express agreement provided for in the particular conditions and only insofar as these acts are necessary for the execution of the agreed use of these data or these data files.
• Without prior written authorization from GDPR FOLDER FRANCE, the customer will not be able to use in his communication with third parties the logos, brands, commercial names and other intellectual properties of GDPR FOLDER FRANCE (including for his advertisements and other advertising messages).
• For any violation of any provision of this article, the customer will be immediately indebted to GDPR FOLDER FRANCE of a fixed allowance of fifty thousand (50.000) euros to be paid immediately and in only one time as well as an additional allowance of five thousand (5.000) euros for each whole or started day that the violation persists and this, without prejudice to the right of GDPR FOLDER FRANCE to ask in justice any damage and interest corresponding to the damage effectively undergone.

Subcontracting

• According to the RGPD, GDPR FOLDER FRANCE is a subcontractor for the customer.
• A Privacy Policy is available on the Site and sets out the terms and conditions in accordance with the GDPR.

Web sites

• An offer made by GDPR FOLDER FRANCE through the site as well as the contract which results from it is subjected to the present general conditions.
• If GDPR FOLDER FRANCE assigns a user name and a password to a customer and thus grants an access code to an Internet site, a database or any other data or application that can be consulted remotely, the customer commits himself not to make this code available to a third party, will do everything reasonably possible to avoid unauthorized use of this code, will immediately notify GDPR FOLDER FRANCE in case of loss, theft or abuse of use and will assume all responsibility for the use of the site and its contents by means of the code received.
• The customer guarantees GDPR FOLDER FRANCE, and will take charge of all the expenses, including the lawyer's fees and the legal fees, against all the consequences resulting from the loss or the unauthorized use of the access code, except if these consequences are the result of a failure imputable to GDPR FOLDER FRANCE.
• If GDPR FOLDER FRANCE suspects an abusive use of a username, a password or more generally of a functionality proposed by an Internet site, or by any remote electronic access, GDPR FOLDER FRANCE will be entitled at any time, without justification, to refuse or to block the access granted by this username or this password.

Privacy

• The Privacy Policy is the subject of another document available on the Site.

Termination of the contract

• Without prejudice to the rights which are due to him by virtue of the Civil code, GDPR FOLDER FRANCE is entitled to cancel the contract with immediate effect if the customer is in a state of cessation of payments (even temporarily), if he is put in bankruptcy, if he is in negotiation with his creditors, if he has stopped his activities, if he liquidates his exploitation or if he has remained without reactions during 8 calendar days after a breach of the contractual conditions has been noted by GDPR FOLDER FRANCE and notified to the customer by registered mail.
• The customer can terminate the contract at the end of each agreed subscription period by sending a registered letter to GDPR FOLDER FRANCE at least three months before the renewal of the subscription period.
• In case of termination of the contract, any claim of GDPR FOLDER FRANCE towards the customer is immediately due and access to the GDPR file is deleted.

Force majeure

• Are considered as Force Majeure, all events that simultaneously meet all the following conditions: unforeseeable, insurmountable, independent of the will of the Party in which they occur and not due to or not caused by the fault of the Party invoking it, including in particular the total blockage of means of transport or supply, the total stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the Parties.
• In such cases, either Party may suspend performance of its obligations.
• The party invoking it shall immediately notify the other party, within eight (8) days at the latest, of the elements to which the Force Majeure relates, the cause of the delay and its foreseeable duration.
• In particular, it shall inform the other party as soon as possible of all the means it intends to use to limit the effects of this event on its obligations.
• Any case of Force Majeure that has not been notified within eight (8) days of its occurrence shall not entitle the Party to avail itself of this clause.
• The Parties shall remain liable for that part of their obligations which is not affected by Force Majeure.
• Beyond a period of thirty (30) days from the receipt of knowledge of the case of force majeure, and in the absence of agreement on the continuation of their mutual obligations, each of the parties may, by right, terminate the contract in question.

Non-solicitation

• During all the duration of the Contract, as well as during the twelve (12) months which follow its termination for any reason, the customer commits himself not to approach, nor to emit a proposal of employment, nor to engage in any form whatsoever, including as a freelancer, any member of the staff of GDPR FOLDER FRANCE who is or has been involved in the execution of the Contract, except with the prior written agreement of GDPR FOLDER FRANCE before any formal approach of the person
• In case of violation of this commitment, the customer agrees to pay to GDPR FOLDER FRANCE a penalty equivalent to one year of gross remuneration of the person in question.

Applicable Law and Disputes

• All contracts are governed by French law, excluding the international sales conventions of The Hague and Vienna.
• All disputes arising out of or in connection with any contract shall be subject to the jurisdiction of the courts of Nanterre, France.
• These terms and conditions were originally written in French. They may be translated into other languages. In case of conflict between a translated version and the French version, the French version will apply.