GESCHÄFTSBEDINGUNGEN

BETWEEN:
The Eval&GO company, designated as 'us', 'the company', 'our', 'we' ;
located at :
Eval&GO
Parc Eureka- Business Plaza
Bâtiment 3, 2ème étage
159 rue de Thor
34000 Montpellier
FRANCE
registered at :
RCS Montpellier B 528 723 703
AND
The professional user of our Site and Services, referred to herein as 'the professional', 'the user', 'you'.

OFFER OF THE CONTRACT

The Eval&GO company provides to its users the Services of database warehousing and tools to create surveys results (referred to herein as 'Services' or 'Eval&GO'), on its Website whose URL is www.evalandgo.com (as well as any other Eval&GO sites: www.evalandgo.fr, www.evalandgo.de, www.evalandgo.it, www.evalandgo.es, www.evalandgo.pt) (collectively known as 'Eval&GO', 'Site' or 'Website'.) Please note that the Website URL may change at our discretion and without notice.

PROHIBITED USES
Identity of the User: The use of the Website and its Services is reserved for professionals, within the framework of their professional activity. The use of the Website and its Services is prohibited to non-professionals. As a consequence, a non-professional could not refer to the applicable law apart from this contract.

Anti-spam policy:

Eval&GO has a zero tolerance policy for spam. As a consequence, during your use of our Services you are prohibited from:

- spamming activities
- harvesting or collecting information about anyone without their consent, including email addresses.
- transmitting or making available any unsolicited or unauthorized advertising, promotional materials, 'junk mails', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation.

WE RESERVE THE RIGHT TO TERMINATE YOUR ACCOUNT(S) AND YOUR USE OF THE SERVICES AT OUR DISCRETION AND WITHOUT NOTICE, IF WE BELIEVE YOUR ACTIVITIES ARE NOT IN COMPLIANCE WITH THIS ANTI-SPAM POLICY.


You are also prohibited from:

- Transmitting through the Services or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable content.
- Using a false or forged identity, email address or header, or otherwise attempt to mislead others as to your identity or the origin of your messages.
- Transmitting, publishing or distributing material or content that promotes, provides or relates to instructional information about illegal activities, or promotes illegal activity, physical harm or injury against any individual group.
- Using the Services or the Site to send any material, including surveys and requests to take surveys, to any persons under 18 years old, unless you have taken and followed all necessary action and compliance pursuant applicable law.
- Uploading or distributing in any way, any file containing viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any similar software or programs that may damage the operation of anyone else's computer, the Service or the Site
- Transmitting any material infringing any copyrights, trademarks, patents, trade secrets, or intellectual property.
interruption of the service
- Attempting to gain unauthorized access to the Website or Services through password mining or any other means.
- Any breach of these terms shall be reported to appropriate authorities and will cause an immediate termination of your account and use of the Site and Services.

Otherwise, in your use of the Site and its services, you are required to:

- provide a valid name and email address during the registration process. Update and keep that information updated as appropriate.
- Build and update your own webpage or survey, and regularly backing up any related data.
- Maintain the confidentiality of your passwords. You also agree that you are fully responsible for all activities that occur under your account and password. If you suspect - unauthorized use of your account, you agree to change your password immediately and notify us.
- Please note that Eval&GO is a single user service and that multiple logins and passwords to the same account are not available or permitted.

Your account will immediately be terminated in the case of sharing login information. We reserve the right to delete any free account at our discretion that has not been logged into for six months or longer.

ANY VIOLATION OF THE CURRENT TERMS OR ANOTHER SERIOUS FAULT NOT EXPRESSLY NAMED IN THIS CONTRACT WOULD BE SANCTIONED BY AN IMMEDIATE TERMINATION WITHOUT NOTICE OF YOUR ACCOUNT AND USE OF THE SERVICES.

RESPONSIBILITY
Your use of our Services and Site is at your own risk. Therefore, Eval&GO could not be held responsible in a case of :

- deletion of your data
- inability of the Site or the Services to meet your requirements
- interruption of the service
- security failure
- virus attack on your data or computer system
- error
- lack of accuracy or reliability
- fraudulent use of your account by a third party or fraudulent access to your information, hosted by our Site or Service.
- Any damage to your computer system or loss of data resulting from the use of our Site or Service.
- Any damages, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way or any survey, survey responses or survey results created through the service or the site. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefullness of any surveys, survey responses, survey results or other information received while using the service or site.

Eval&GO does not make any warranty as to any information that may be obtained through the service or site or that defects in the software for the service will be corrected or that the site is free of viruses or other harmful components. Eval&GO makes no warranty regarding any goods or services purchased or obtained through the service or site or any transactions entered into through or based upon the service or site.

You agree that Eval&GO or any parent entities, subsidiaries, affiliates, employees or officer, could not be held responsible for any direct, indirect, special, incidental, consequential or punitive damages arising out of your access to, use of, inability to use, or reliance on the service or any survey, survey responses or survey results, even if advised of the possibility of such damages. This provision enforces to the fullest extent permissible pursuant to the applicable law.

EVAL&GO IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SURVEY OR INVITATION TO TAKE SURVEYS OR INVITATIONS TO VIEW SURVEY RESULTS CREATED THROUGH THE WEBSITE OR SERVICE : THE COMPANY CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGES OR VIOLATIONS OF THE LAW CAUSED BY THE USE OF ITS WEBSITE OR SERVICES.

AS A CONSEQUENCE, YOU WARRANTY EVAL&GO AND AGREE TO IDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES AGAINST ANY CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES; ARISING FROM THE USE OR MISUSE OF THE COMPANY'S WEBSITE OR SERVICES.


This expressly includes :

- violations or infringement of copyrights, trademarks and other proprietary rights
- use of any libelous or unlawful material contained within your survey or website

THESE TERMS OF USE AND THE SERVICES MAY BE TERMINATED BY EVAL&GO AT ANY TIME. EVAL&GO SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY MANNER FOR TERMINATION OF THE SERVICE. UPON TERMINATION, YOUR RIGHTS TO USE THE SERVICES AND THE SITE CEASE IMMEDIATELY AND EVAL&GO SHALL HAVE NO OBLIGATION WHATSOEVER TO RETAIN, FORWARD OR MAKE AVAILABLE TO YOU ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS.

IN THE EVENT YOU SHOULD BECOME DISSATISFIED WITH THE TERMS OF USE OR ANY MODIFICATION THEREOF, OR WITH THE SERVICE OR THE SITE, YOUR ONLY RECOURSE IS TO DISCONTINUE THE USE OF THE SERVICE, TERMINATE YOUR SUBSCRIPTION, AND GIVE NOTICE TO US OF THESE ACTIONS.


SUBSCRIPTIONS AND PAYMENT
You agree to pay subscriptions according to our tariff and fee policy here. We will automatically charge, all account fees, and including any applicable taxes, at the rates in effect when the fees are incurred. A cancellation of a subscription requested by User through User's account page will become effective on the date that the then-current subscription period expires. No refund of subscriptions will be given. You are solely responsible for properly cancelling your account : an email or a phone request shall not result in a cancellation. You agree that in a case of termination of your account at our discretion, the termination will become effective at the date of the cancellation of your account. No refund of subscriptions will be given. You also warrant that the credit card information you provided is correct and agree that you shall promptly notify us of any changes to such credit card information. If payment cannot be charged to the credit card you have on file with us, we reserve the right to suspend or terminate your account and access to the services. Your account will be automatically renewed and charged upon every expiration date of your subscription, unless your subscription is cancelled using the tool in user's account page on the Site at any time prior to the end of the then-current subscription. The renewal charge will be equal to the original subscription price, unless we notify you otherwise in advance.

 

INTELLECTUAL PROPERTY
All materials on the Eval&GO Site including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Eval&GO or owned by other parties who have licensed their intellectual property to Eval&GO. Eval&GO, and all other derivations of the " Eval&GO " mark appearing on this web site are trademarks and/or service marks of EVAL&GO and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. The material from this Site and from any other web site owned, operated, controlled, or licensed by Eval&GO may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. The extraction and use of data from the Eval&GO databases are strictly forbidden without the permission of the company Use or modification of Eval&GO's intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of Eval&GO's copyrights and other proprietary rights and is strictly prohibited.

LINKING SITE
Eval&GO may also link to or include on its Web site resources and information provided by third party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services. Eval&GO has not reviewed all of the third-party sites nor reviewed any products or services they may provide. Eval&GO is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. Eval&GO does not control in any respect any information, products or services offered or suggested by third parties on the site. Eval&GO does not endorse or otherwise warrant or guarantee the products or services that are either advertised on the site or connected by links.

CHOICE OF LAW AND COURT
This Agreement shall be governed by, construed and enforced in accordance with FRENCH LAW, without regard to its conflicts of law principles. Any action brought to enforce this Agreement or, in connection with, any matters related to this Site, shall be brought only in the jurisdictions of Montpellier (France), and you expressly consent to the jurisdiction and venue of said courts. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties to this agreement acknowledge that, in a case of unenforceability of a provision of this contract, a new provision would be negotiated between both sides, in accordance with the sense of this contract and the applicable law. You also acknowledge and agree that Eval&GO will fully cooperate with any law enforcement authorities or court order requesting or directing Eval&GO to disclose information or materials in our possession.

 

PERSONAL DATA

The service to request information virtually is a personal data processing managed by Eval&GO.

PURPOSE OF DATA PROCESSING

Purpose:

The processing purpose is the management of EVALANDGO online survey service.

This allows Eval&GO:

- to provide a secured access to EVALANDGO online platform

- on a larger extent, to perform the contract to provide EVALANDGO online survey services,

- to inform customers about news regarding EVALANDGO online survey services

- to provide more paid options on EVALANDGO online survey services,

- to transmit invoices for EVALANDGO online survey services.

- to apply the terms of use of EVALANDGO online survey services,

- to prevent and detect the fraudulent any possible use of EVALANDGO online survey services,

- to observe and analyse the use of EVALANDGO online survey services in order to implement corrections and improvement,

- to improve EVALANDGO online survey services

Legal basis

According to its nature, the legal basis for personal data processing may vary. Some data are collected on a contractual legal basis, whereas others are collected to meet the legal security requirement. Finally, some are collected just because you gave us your consent.

DATA PROCESSED:

Type of data processing: collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction

Types of Data processed:

- Identification data of the user, the customer or his representative natural person;

- Business information;

- EVALANDGO service login information: we collect the login information on the EVALANDGO online survey platform, the information about the use you make of this online service, including details about the browser used, dates and times, frequency of connection, the pages of the EVALANDGO platform checked, the connection IP

- Information about the hardware used: we collect information about the computer or mobile device, which is used to login to the EVALANDGO platform. This information includes the hardware model, the operating system, the unique hardware ID number, and the mobile network information being used.

- Geolocation information: your geographical location may be collected if consented.

- Information collected through Cookies and other tracking tools. To learn more, click on the following link "personal data and cookies"

Other information: on the basis of your content, we may collect other information stored the hardware of your computer, such as images and contact files, or other information related to the design or organisation of online surveys.

Data source

This information is collected for:

- users of the free EVALANDGO online survey services,

- clients of the online EVALANDGO online survey services,

Mandatory nature of data collection

Data collection is mandatory if necessary to execute of EVALANDGO online survey services. The collection is optional if it involves the consent of the client or the user.

Automated individual decision-making

The treatment provides automated individual decision-making such as sending email.

PERSONS CONCERNED:

The data processing concerns the natural and legal persons using the EVALANDGO online survey services, as well as their natural representative person.

DATA RECIPIENTS:

Categories of recipients

Based on the needs, the recipients of the total or the partial amount of data might be:

- EVALANDGO authorised employees and corporate officers;

- EVALANDGO service providers in order to reply to requests for services or information about services.

No data transfers outside EU

No transfer of data outside the European Union is performed.

DURATION OF DATA CONSERVATION

Data are kept for the whole duration of the contract between EVALANDGO online survey service and the customer or the user, and also for a period of 3 years since the end of the contract mentioned above.

SECURITY:

Evalandgo constantly protects your data..

Evalandgo applies all the security measures necessary to protect your data against unauthorised access, modification, disclosure or destruction. These measures include:

- A secure access to the EVALANDGO online questionnaire platform through a user account with password.

- Ciphering of your data to ensure confidentiality while transfers are made.

- Limiting the collection of data only to the most necessary.

- Not using the data for purposes that do not concern the reason of the collection.

- Keeping personal data for a set amount of time.

- Not transferring this data to third parties, other that EVALANDGO service providers involved in the execution of the contract of EVALANDGO online questionnaires.

- Use of digital data hosting providers having made commitments to comply with Personal Data Protection Regulation, including as follows:

Physical security measures to prevent access to the infrastructure on which EVALANDGO data are stored by unauthorised persons

Security staff responsible for ensuring the physical security of the data hosting structure, 24/24 hours, 7/7 days

A system managing authorisations to limit access to data only to those who need to be in contact with data, only because of their professional duties.

A system of physical and/or logical isolation (per service) of customers.

Strong authentication processes for users and administrators through a password management policy and, in some cases, a double-authentication measure.

Processes and devices to keep a trace of actions carried out on the information system in order to report, as established by the regulations, the event of an incident affecting the customer's data

As a subcontractor, the hosting provider of EVALANDGO has also made these commitments:

- processing personal data exclusively for the required service (no other use is possible).

- Not transferring EVALANDGO data outside the EU zone or outside the countries recognised by the European Commission as having a sufficient level of protection.

- Informing the responsible about any recourse to subcontractors who may need personal data processing.

- implementing high security standards in order to provide an appropriate security level for these services.

- Informing the responsible for Data Processing in case of data breaching.

- ensuring the ongoing confidentiality, integrity, availability and resiliency of Treatment systems and services,

- ensuring the means to restore the availability of data and access to them quickly in case of physical or technical accident,

- applying a procedure to test, analyse and evaluate the effectiveness of technical and physical organisational measures properly for security of the treatment

Access to personal information is strictly reserved to the employees, corporate officers and subcontractors of EVALANDGO that need to access on behalf of EVALANDGO. Every access will be made following this obligation and may be subject to disciplinary sanctions, up to and including the endi of employment or the service contract in case of breach of these obligations.

RIGHTS ON THE DATA REGARDING YOU

You can access and obtain copies of data concerning you, oppose the processing of these data, ask for rectifying or have them erased. You also have the right to restrict the processing of your data.

 Getting to know your rights on informatics and liberty

Exercising the rights

The Responsible for Data Protection is the person to contact for any request about exercising your rights for processing.

Le responsable à la protection des données
Evalandgo
Business Plaza Bâtiment 3, 
159 rue de Thor 34000 Montpellier

 

Submit a complaint to the CNIL (national commission on informatics and liberty)

If you feel, after contacting us, that your rights for data processing have not been respected, you can submit a complaint to the CNIL (national commission on informatics and liberty).