Website Publisher: WHYSE SAS
112 avenue de Paris – 94300 Vincennes (France)
RCS de Paris n° 841.064.298
Capital stock: 3000 euros
Phone number: +33 1 76 50 61 11
Publishing Director: Lucas MAIGNAN, Chief Executive Officer
Google Cloud Platform
Terms and Conditions
The Website whyse.co is directed to CTO and manager who want to share feedbacks, questions and topics with theirs peers (hereinafter “the Service”). By accessing the Website and using the Service, you agree as User or Client to be bound by the following Terms and Conditions which are a contract between you and us (hereinafter “the Website Publisher” or “the Company”). These Terms and Conditions are subject to change and any change will be incorporated into this document from time to time. If you do not agree with these Terms and Conditions, please do not access the Website and use the Service.
As used in these Terms and Conditions, the following terms shall have the following meanings:
Client: means the CTO, Tech Manager or Product Manager who subscribes an Account to the Service. Only people over the age of majority can be Client.
Client Account: means the subscription by the Client to the Service. Filling his Account, the Client will set up his profile and enter data (such as, first name, last name, company position, job title, size of the team). The Client will choose a personal and confidential password. His name will be his username on the Website.
Client Data: means all information, feedback or data fulfilled by Client in the Service.
Client Information: means all information or data provided by the Client to the Company to subscribe to the Service.
Profile: means the interface dedicated to Client.
Company: means WHYSE SAS or the Website Publisher.
Contract: means the present Terms and Conditions.
Service: means the services provided by Company to Client as identified on the Website.
Terms and Conditions: means the present terms and conditions between the User and the Company.
User: means any person who accesses the Website.
You: The Client.
We: The Company or the Website.
Website: means the public website whyse.co and the private interface created by the Company and dedicated to the Client.
Website Marks: means any trademarks, logos, slogans and domain names referenced on the Website.
Website Publisher: means the Company which publishes the Website.
Article 1: Subscription
To subscribe, the Client is provided with a link to create his Client Account in the Website. To create his Client Account, the Client has to approve the Terms & Conditions. The Client subscribes for one month. The Contract is renewable by tacit consent for one-month period, in the absence of termination notice as specified in Article 7.
Article 2: Description of the Service
The Service is a community platform connecting Clients wishing to share and get feedbacks on their work and their current project. Clients can have access to the Service and post Client data that will be shared with other Clients.
The Service is divided in modules, and each Client selects the adequate modules.
Modules include: Questions&Answers, Topics, Manage Account, Manage Networks, Integration, Contact.
Article 3: Intellectual property
The Website including but not limited to all software, design, text and images is the Company’s property and is protected by Copyright.
The Website content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, other than as expressly set forth in these Terms and Conditions, without the Company express prior written authorization.
The Client is granted permission to display on his computer, print and download the content on this Website for his personal use, so long as he does respect the Company Copyright. The Website Marks are the Company’s property and are protected by intellectual property law.
As user, the Client is not allowed to copy, use, modify, translate, transmit, display, publish, post, resell, or otherwise distribute the Website Marks, in any other than as expressly set forth in these Terms and Conditions, without the Company express prior written authorization.
The Client is not permitted to use any Website Marks displayed on the Website, metatags or any other “hidden text” utilizing the Website Marks and/or its licensors, without the Company prior written permission or such third party who may own the Website Marks.
We respect and protect your privacy. In the following, you can read about how we handle your personal data. This Terms and Conditions comply with the EU General Data Protection Regulation 2016/679 (‘GDPR’) and French law.
As data controller, the Company is responsible for collecting, storing and processing Client Information and Client Data.
In any case, the Company and the Client undertake to respect the GDPR regulation.
Lawful basis for data processing:
When We process personal data in relation to a contract or a potential contract with You, the lawful basis for the processing is that it is necessary for the performance of our contract with You or to take steps at your request prior to entering into a contract. If the lawful basis for processing is consent, You have the right to withdraw your consent as mentioned hereafter at any time, but this does not affect the legitimacy of the processing by Company prior to your withdrawal of consent. We shall also share personal data with law enforcement agencies or other governmental bodies because of legal obligation.
Purposes for process personal data:
We collect personal data about our Clients. The data may include an individual’s name, contact details (telephone, email…), job title and other information necessary for providing You the Service.
We may use personal data with your consent, if such is required, to inform You of the Company services. If You do not wish to receive any further information You can easily and free of charge unsubscribe from our newsletter anytime. You can find an unsubscribe link at the bottom of e-mails, or You can contact us by e-mail or post to unsubscribe. When You unsubscribe from receiving marketing communication, we will delete your personal data immediately, unless We process your personal data for other purposes.
We will retain your personal data for the length of time needed to fulfil the purposes above mentioned. Two years after termination or cancelation, the Company undertakes to delete all Client Information from the Website and the Company servers.
How we collect personal data:
We collect personal data, You provide us, when You create a Client Account, when You use the Service or other activities on our Website or otherwise interact with us.
The Client is the only one to know how Client data are collected. Collection of Data Client regarding GDPR regulation is under his own responsibility.
The Client undertakes to not collect sensitive data as Client Data or Client Information.
Recipient of personal data:
We will not share your personal data. Please find the list of the recipients: Website Host, Clients.
Your data protection rights:
In accordance with GDPR, You may request access to the personal data which We store on You, to correct inaccurate or incomplete data and in certain circumstances You can ask for the data We store on you to be transferred to another controller, restricted or erased from our records (the rights as a person). You may also object against our processing of your personal data.
You may change your choices in terms of subscription to our emailing.
You may exercise your rights or request access to your personal data, by contacting: firstname.lastname@example.org. We will respond to your request to exercise any of your rights within one month. If We extend the response period, We shall inform you within one month from your request.
If you have any questions regarding the specific personal data about you that We process or retain, please contact email@example.com.
The security, integrity and confidentiality of your personal data are extremely important to us. We have implemented technical, administrative and physical security measures (such as regular backups) that are designed to protect your personal data from unauthorized access, disclosure, use and modification. From time to time, We review our security procedures to consider appropriate recent technology and methods. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable.
Data transfers and storage:
Wherever your personal data is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal data.
Your personal data are stored on servers located in France.
Any question or comment?
If you have a comment or question about our data processing, please email us at firstname.lastname@example.org.
If you consider that we have failed in our data protection compliance, you may file a complaint to the CNIL via www.cnil.fr.
Article 5: Limitation of liability
Neither the Website Publisher nor its directors, officers, employees or agents shall be held liable for any improper or incorrect use of the information described and/or contained in the Website and the Service and assumes no responsibility for anyone's use of the information.
UNDER NO CIRCUMSTANCES SHALL THE WEBSITE PUBLISHER OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: PROCUREMENT OF SUBSTITUTE GOOD OR SERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) RELATED TO THE CONTENT AND/OR TO THE USER'S SUBSEQUENT USE OF THE INFORMATION CONTAINED HEREIN, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.
As user, You agree to defend, indemnify, and hold harmless, the Website Publisher and its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of information herein provided.
The Website Publisher will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in the Website and the Service.
The Website and the Service may be interfered with by numerous factors outside the Website Publisher’s control, including but not limited to Internet disruptions, and failures of any data or telecommunications equipment, system or network used in connection with the Website and the Service. The Website Publisher assumes no liability for disruptions of the Website and the Service. You acknowledge that the entire risk arising out of the use and performance of the Website and the Service, remains with You to the maximum extent permitted by law.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and Company licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Website and the Service; (ii) content you submit, post, transmit or otherwise make available via the Website and the Service; (iii) your violation of these Terms & Conditions. This indemnification obligation will survive the termination of your Client Account or these Terms & Conditions.
The Website may contain links to third party websites. The Website Publisher does not have control over third-party websites or their information collection practices and the practices of third-party websites are not covered by these Terms and Conditions.
Article 7: Suspension
The Company reserves the right to suspend the Client Account or terminate the Services provided to the Client without notice, in the event the Company has cause to believe that the Client has violated any provision of the Terms and Condition.
If you have been the cause of a breach of security within the Website or the Service,
or in the event the Company believes that suspension or termination is necessary or advisable for the purpose of compliance with applicable law.
During the suspension, the Contract is still active.
Article 8 Termination and Cancelation
Termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. You are solely responsible for properly canceling your account. An email to email@example.com is required to cancel your subscription; it will be effective in a maximum of 48h.
Two years after termination or cancelation, the Company undertakes to delete all Client Information from the Website and the Company servers.
Article 9 General provisions
These Terms and Conditions are governed by French Law. These Terms and Conditions constitute the entire agreement between you and the Website Publisher relating to your use of and accessing to the Website and the Service.
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.
Any dispute arising out of or in connection with these Terms and Conditions, including a dispute as to the validity, existence or termination of any provision, shall be submitted to the sole jurisdiction of the applicable court within the jurisdiction of Paris Appeal Court.**