Confidentiality Policy

Your confidentiality

OOTI’s mission is to help architecture firms manage their business seamlessly to allow them to be more productive and successful. Central to this mission is our commitment to be transparent about the data we collect about you, how it is used and with whom it is shared.This Privacy Policy applies when you use our Services (described below). We offer our users choices about the data we collect, use and share as described in this Privacy Policy, Cookie Policy, and Data Protection & Commitment to GDPR.OOTI ("we" or "us") is committed to protecting your privacy. This Privacy Notice (“Notice”) describes how OOTI processes Personal Data in its capacity as a controller (i.e. OOTI decides what Personal Data is collected and what it is used for) or processor (i.e. OOTI only processes the data as per the controller's instructions), as the case may be. It also describes your choices regarding use, access and correction of your Personal Data.

WHO DOES THIS NOTICE APPLY TO?

A) Personal Data we collect and process for our own purposes: Collected DataWhen you visit our Websites or participate in OOTI events,

OOTI may collect information, which may include Personal Data, from Individuals as set forth below (collectively referred to as “Collected Data”). For the purposes of General Data Protection Regulation (GDPR), OOTI shall be the controller for the Collected Data – this means that OOTI decides what Collected Data is processed and why.

ANY QUESTIONS?

If you have questions or complaints regarding our privacy notice or practices, please contact us at [email protected]

WHAT PERSONAL DATA DOES OOTI COLLECT AND WHY?

A) Personal Data we collect and process for our own purposes: Collected Data

When does OOTI process Collected Data?

1) Sign-up, billing and Account information.
When you subscribe and sign-up to any of our Service(s), we may collect your (i) contact information such as name, e-mail address, mailing address, IP address, geographic location, or phone number of the Account admin; (ii) billing information, such as credit card number and billing address; (iii) name and e-mail address when Account admin/Agent(s) provide feedback from within the Service(s); and (iv) unique identifiers, such as username, account number or password.Subject to this Notice and the Terms, we will use such data, including without limitation, to (i) provide you the Service(s); (ii) send you communication from the Service(s); (iii) assess needs of your business to determine or suggest suitable Service(s); (iv) send you requested information about the Service(s); (v) respond to customer service requests, questions and concerns; (vi) administer your Account; (vii) send you promotional and marketing communications (where you have requested us to do so); and (viii) facilitate your transactions with other users when you use our Service(s).

2) OOTI Careers.
When you apply for an open position by populating the application form, we may collect your (i) contact information, such as name, email address, mailing address, phone number, links to your social networking profiles; and (ii) any other information contained in the resume that you submit to us.Subject to this Notice, we will use such data to evaluate you for the open position that you have applied for or any position that we consider you suitable for at the time you submit your resume or at any later date. Unless you notify us otherwise by an e-mail to [email protected], we will retain such data for a period of 1 year for archival purposes. If you wish to update the data you provided to us, you may do so by contacting us at [email protected] the purposes of evaluating you for an open position, you understand that we may internally rate you based on parsing of your resume and your information. If you do not wish to be rated by us, please do not provide us your information.

3) Events.
When you attend an event conducted by OOTI, including webinars or seminars, we may collect your contact information such as name, e-mail address, designation and company name.Subject to this Notice, we will use such data, including without limitation, to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) send you requested information about the Service(s); (iii) send you promotional and marketing communications (where you have requested us to do so); and (iv) respond to your questions and concerns.

4) Referrals via Distributors.
To help refer our Service, Customers can provide us with contacts within the Service. We may collect contact information such as name, e-mail address, mailing address, or phone number of such contact from our Customer. By providing us this information about third parties, you warrant you have complied with all necessary legal requirements to provide us with this information, including obtaining all necessary consents and providing the third party with a copy of this Notice.If you have been referred by our Customer, then, subject to this Notice, we will use such data, including without limitation, to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) send you promotional and marketing communications (where you have requested us to do so); and (iii) respond to your questions and concerns.

5) Program Registrations.
When you register for any of our programs through a registration form on our Websites, we may collect information such as name, e-mail address, company name and website URL, company details, location and contact information. Subject to this Notice, we will use such data, including without limitation, to (i) facilitate your use of the program portal for which you have registered; (ii) send you communication from within the Service(s); (iii) send you requested information about our Service(s); (iv) respond to your requests, questions and concerns; and (v) send you promotional and marketing communications (where you have requested us to do so).


6) Public forums and newsletters.

When you visit our publicly accessible community forums and blogs, you should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Further, we may collect your (i) contact information such as name, e-mail address, mailing address, or phone number; (ii) information about your business, such as company name, company size, business type; and (iii) a short bio about you to identify you as the author of the post. When you actively subscribe to our newsletters, we collect your e-mail address to share our newsletters with you.Subject to this Notice, we will use such data, including without limitation, to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) send you requested information about the Service(s); (iii) send you promotional and marketing communications (where you have requested us to do so); and (iv) respond to your questions and concerns.

7) Clear Gifs and Log Files.
We and our third party advertising partners use technologies such as web beacons in analyzing trends, administering the website, tracking users’ movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We link this automatically collected data to other data we collect about you.Please see our Cookies Policy for further information about our use of Cookies and similar technologies.

8) Analytics.
Apart from the aforementioned information collected by us, we automatically receive and record certain Personal Data of yours when You visit our Websites. This includes device model, IP address, the type of browser being used, usage pattern through cookies and browser settings, query logs and product usage logs. We also collect clicks, scrolls, conversion and drop-off on our Websites and Service(s) to render user journey at real-time. Subject to this Notice, we will use such data, including without limitation, to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) send you requested information about the Service(s); (iii) respond to customer service requests, questions and concerns; and (iv) for analytical purposes.You authorize OOTI and its service providers to perform analytics on such Collected Data, to (i) improve, enhance, support and operate the Websites; and (ii) compile statistical reports and record insights into usage patterns. You acknowledge that OOTI uses Collected Data, as the case may be, for the aforementioned purposes.

9) Testimonials.
We may post your testimonials/comments/reviews on our Websites which may contain your Personal Data. Prior to posting the testimonial, we will obtain your consent to post your name along with the testimonial. If you want your testimonial removed, please contact us at [email protected]

10) Marketing communications.
We may use your e-mail address, collected as part of Collected Data, to send our newsletters and/or marketing communications about our products and services. Where you have so requested, we will also send you marketing communications about our third party partners. If you no longer wish to receive these communications, you can opt out by following the instructions contained in the e-mails you receive or by contacting us at [email protected]

What is our legal basis for processing Personal Data (EEA visitors only)?


If you are a visitor from the European Economic Area, our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it.However, we will normally collect Personal Data from you only where we need the Personal Data to perform a contract with you, or where the processing is in our legitimate interests or rely upon your consent where we are legally required to do so and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person.If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data).

Similarly, if we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the contact details provided below.

B) Data we process on your behalf: Service DataWeonly process Service Data as per our Customer's instructions.
We only process Service Data as per our Customer's instructions. For purposes of the GDPR and the Swiss Federal Act on Data Protection, we are the processor and not the controller of the Service Data. Service Data, as defined in the Terms, means all electronic data, text, messages or other materials, including Personal Data of Users and End-Users, submitted to the Service(s) by our Customers through Customer’s Account in connection with Customer’s use of the Service(s), including data collected under “Other Information” and “Mobile Applications” below. Our EEA or Switzerland based Customers are the “controllers” of that data and are responsible for compliance with the applicable data protection law. We work with our Customers to help them provide notice to their customers concerning the purpose for which Personal Data is processed by OOTI.

If you are our Customer from EEA or Switzerland, then in your role as a controller, you are authorizing, on behalf of you and your authorized agents and End-Users, and representing that you have the authority to provide such authorization to the processing and transfer of Personal Data in and to the United States and other countries which may have different privacy laws from your or their country of residence. We will take all steps reasonably necessary to ensure that the Service Data is treated securely and in accordance with this Notice.We do not own, control or direct the use of Service Data, and in fact we are largely unaware of what information is being stored on our platform and only access such information as reasonably necessary to provide the Service(s) (including to respond to support requests), as otherwise authorized by Customers or as required by law. Unless we explicitly agree otherwise in writing, you will not process sensitive personal data (such as health data) on our platform.

As the controller, it shall be your responsibility to inform the End-Users about the processing, and, where required, obtain necessary consent or authorization for any Personal Data that is collected as part of the Service Data through your use of the Service(s). As the processors of Personal Data on behalf of our Customers, we follow Customer’s instructions with respect to the Service Data to the extent consistent with the functionality of our Service(s). In doing so, we implement technical, physical and administrative measures against unauthorized processing of such information and against loss, destruction of, or damage to, Personal Data.

Other information ...

Where an User or End-User uses the Service(s), we automatically receive and record certain information of such user. This information includes device model, IP address, the type of browser being used, usage pattern through cookies and browser settings, query logs and product usage logs (collectively referred to as “Other Information”). If you are a customer of OOTI, please note that you will have the option to opt out of tracking certain events from within OOTI.

Mobile Applications ...
When you download, install and use our Mobile Applications, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”).
Subject to this Notice, we will use such data to (i) provide and manage Mobile Application; (ii) if you have opted in to receiving push notifications, send you push notifications from time-to-time in order to update you about any events or promotions that we may be running and/or update you about new features to our Service(s); (iii) send you promotional and marketing communications (where you have requested us to do so). If you no longer wish to receive these types of communications, you may turn them off at the device level.
Improving and enhancing our Service(s).
You expressly authorize us and the service providers we use to process the Service Data in our systems to (i) provide, improve, enhance, support and operate the Service(s) and its availability; (ii) develop new products and services; and (iii) compile statistical reports and record insights into usage patterns.

SHARING OF PERSONAL DATA

Except as outlined in this Notice and the Terms, Personal Data contained in Collected Data and Service Data will never be sold to or shared with other companies or organizations for commercial purposes. We process Personal Data in the United States and the European Economic Area (“EEA”) and in other countries through third parties that we may use. You may refer to the page here for more information on hosting options. Third parties with whom Collected Data is shared may include third-party payment processors who process your credit card and other payment information for OOTI but are otherwise not permitted to store, retain or use such information. Third parties that we utilize to assist in providing the Service(s) with whom Service Data may be shared are listed here (“Sub-Processors”). Further, we may transfer Personal Data to our Group Companies for the purposes identified in the Terms and this Notice. All such transfers are covered by the service agreements with the relevant recipients and we have taken appropriate safeguards to ensure that your Personal Data will remain protected in accordance with this Privacy Notice. Further details can be provided upon request.
Subject to the Terms and this Notice, we and our Group Companies shall have the right to access Customer’s Account and to process Service Data solely to the extent necessary to provide, enhance and improve the Service(s), including, without limitation, in response to Customer’s support requests. Our Sub-Processors will only be given access to Customer’s Account and Service Data as is reasonably necessary to provide the Service(s) and will be subject to confidentiality obligations in their service agreements.

Privacy Shield Compliance

OOTI participates in and has certified its compliance with the EU-U.S. and Swiss-US Privacy Shield Framework. OOTI is committed to subjecting all Personal Data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List [https://www.privacyshield.gov/list].


OOTI is responsible for the Personal Data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. OOTI complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, and Switzerland including the onward transfer liability provisions. OOTI further commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship.
With respect to Personal Data received or transferred pursuant to the Privacy Shield Framework, OOTI is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, OOTI and/or its Group Companies may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

HOW DOES OOTI KEEP PERSONAL DATA SECURE?

We use appropriate technical and organizational measures to protect the Personal Data that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Data.

EEA SPECIFIC RIGHTS

A) Collected Data

If you are an individual resident in EEA, you have the following data protection rights regarding Collected Data:
If you wish to access, correct, update or request deletion of your Personal Data, you can do so at any time by contacting us.You can object to processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data. Again, you can exercise these rights by contacting us.You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us.Similarly, if we have collected and process your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.If you seek access to, or wish to correct, update, modify or delete Personal Data (hereinafter referred to as a “Request”) which forms a part of Collected Data, please contact us at [email protected] We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
B) Service Data
If you seek access to, or wish to correct, update, modify or delete Personal Data (hereinafter referred to as a “Request”) which is part of the Service Data and processed by us on behalf of our Customer, you should direct your query to our Customer i.e, the controller. If you are a Customer of our Service(s) and wish to raise a Request on behalf of your Users and End-Users in connection with Service Data, you may raise a ticket on the support portal of the relevant Service. Please note that if a Customer has subscribed to more than one Service, a Request on a particular Service support portal is specific to that Service only and separate Requests need to be raised across other relevant Service support portals.

B) Service Data

If you seek access to, or wish to correct, update, modify or delete Personal Data (hereinafter referred to as a “Request”) which is part of the Service Data and processed by us on behalf of our Customer, you should direct your query to our Customer i.e, the controller. If you are a Customer of our Service(s) and wish to raise a Request on behalf of your Users and End-Users in connection with Service Data, you may raise a ticket on the support portal of the relevant Service. Please note that if a Customer has subscribed to more than one Service, a Request on a particular Service support portal is specific to that Service only and separate Requests need to be raised across other relevant Service support portals.

OTHER COMMUNICATIONS
If you are our Customer, we will send you announcements related to the Service(s) on occasions when it is necessary to do so. For instance, if our Service(s) is temporarily suspended for maintenance, we might send you an e-mail. Generally, you may not opt-out of communications which are not promotional in nature. If you do not wish to receive them, you may deactivate your Account.

RETENTION OF PERSONAL DATA
If you wish to request that we no longer use your Collected Data, please contact us at [email protected] as otherwise set forth below, Personal Data contained in the Service Data is retained and deleted in accordance with the Terms.
If you are a Customer of our Service, and if you have raised a Request for deletion of a User, please note that, for business continuity purposes, deleting the User does not delete business-specific organization-owned data created and contributed to by the User including without limitation, knowledgebase articles, notes, forum topics/comments, support calls, surveys, automation and dispatcher rules, canned responses, ticket templates, contacts, companies, tags, conversations in the tickets, etc. The deleted User’s Personal Data will then be anonymized within the Service.
Notwithstanding the foregoing, we will retain Collected Data and Service Data as necessary to comply with our legal obligations, for litigation/defense purposes, maintain accurate financial and other records, resolve disputes, and enforce our agreements.

LINKS TO THIRD PARTY SITES
Our Websites contain links to other websites that are not owned or controlled by OOTI. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware when you leave our Websites and to read the privacy policies of each and every website that collects Personal Data.

CHILDREN'S PERSONAL DATA
OOTI does not knowingly collect any Personal Data from children under the age of 16. If you are under the age of 16, please do not submit any Personal Data through our Websites or Service(s). We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Notice by instructing their children never to provide Personal Data through our Service(s) or Websites without their permission. If you have reason to believe that a child under the age of 16 has provided Personal Data to us through our Websites or Service(s), please contact us and we will endeavor to delete that information and terminate the child's account from our databases.

AMENDMENTS
Amendments to this Notice will be posted to this URL and will be effective when posted. If we make any material changes, we will notify you by means of a notice on this Website prior to the change becoming effective and if you are our Customer, via e-mail (specified in your Account). Provided we will not be notifying you if we amend the Notice to make addition, deletions or modifications to the list of cookies from time to time to keep the list of cookies current and accurate. You should frequently visit this Notice to check for amendments. Your continued use of our Websites or the Service(s) following the posting of any amendment, modification, or change to this Notice shall constitute your acceptance of the amendments to this Notice. You can choose to discontinue use of the Websites or Service(s), if you do not accept the terms of this Notice, or any modified version of this Notice.

LEGAL DISCLOSURE
We, including our Group Companies reserve the right to disclose your personal data contained in Collected Data and Service Data as required by applicable law, in response to lawful requests by public authorities, including meeting national security or law enforcement requirements and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or other legal process served on us. Collected Data and Service Data will also be shared between our Group Companies for the activities permitted under the Terms and this Notice.
In the event OOTI goes through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, Customer’s Account, Collected Data and Service Data will likely be among the assets transferred. A prominent notice will be displayed on our Websites to intimate you of any such change in ownership or control and Customers will be notified via an e-mail from [email protected]

CONTACTING OOTI
If you have any questions about this privacy notice or your dealings with the OOTI, you can contact us at [email protected] or via postal mail at OOTI 15 Rue Jeanne Braconnier, Meudon, Ile-de-France 92360, France.

May 15, 2018, 8 a.m.

Article 1: Definition

The terms used below shall have the following meanings, whether they are used in the single or plural form.

  • " Application » : means the tracking application offered by AXONEPRO allowing to access certain Services;"
  • AXONE PRO ”: means the French simplified joint-stock company (société par actions simplifiée), AXONEPRO SAS, with a share capital of 5,000,000 euros, registered with the Trade and Companies Register of Nanterre under No. 834 181 992 and whose registered offices are located at 15, Rue Jeanne Braconnier – 92360 Meudon (France), which publishes the Website and Application and offers the Software and the Services;
  • " Account “: means the user account created under the conditions provided for in Article 5 of the General Terms and Conditions of Subscription, accessible from the Website and enabling the User to subscribe to and use the Services;
  • " General Terms and Conditions of Subscription ”: means the general terms and conditions of subscription defining the terms and conditions of subscribing to the Services through the Website by the Users;
  • " General Terms of Use ”: means these terms governing the use of the services by the Users;
  • " Login Details ” means the login ID and confidential code or password enabling the User to access their Account;
  • " Software ” means the architecture agency management software named “OOTI” belonging to AXONEPRO and accessible from the Website;
  • " Confidentiality Policy ”: means the AXONEPRO confidentiality policy accessible under the heading “Confidentiality Policy” on the Website;
  • " Services ”: means the services offered by AXONEPRO through the Software and enabling Clients to obtain administrative management solutions regarding business processes, particularly through several features. To access to a complete list of Services, click here: https://ooti.co/en/fonctionnalites/
  • " Website ”: means the AXONEPRO website available at the following address: https://www.ooti.co and from which the Clients may sign up for and use the Services. The Website includes in particular all IT components (particularly software and IT developments and Web pages, including programmes in source and object code, preliminary design work, specifications, and preliminary studies, the user documentation regarding the use and operation of the website), the graphic charter (including projects, models, prototypes, and plans), the infrastructure, as well as the content (particularly the texts, sounds, still or animated images, videos, and databases);
  • " Smartphone ”: means smart mobile phones used to access applications through an internet network;
  • " Tablet ”: means touch screen devices used to access applications through an internet network;
  • " User ”: means any natural person or legal entity who has created an Account as a professional and who accesses and uses the Services.

Article 2: Purpose

The purpose of the General Terms and Conditions is to define the terms and conditions under which the Clients subscribe to the Services accessible through the Software. The General Terms and Conditions are systematically brought to the attention of Clients in order to enable them to access and use the Services. They apply exclusively to any subscription request accepted by AXONEPRO and take precedence over all other terms and conditions, with the exception of the special terms and conditions that have been expressly accepted by AXONEPRO especially when placing the order. Therefore, any other condition is not binding upon AXONEPRO until it is confirmed in writing by AXONEPRO.
IMPORTANT: NOTE TO CLIENTSANY SUBSCRIPTION TO THE SERVICES FROM THE WEBSITE IMPLIES THE EXPRESS, PRIOR, FULL, AND UNCONDITIONAL ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS. BY TICKING THE BOX: “I have read and agree to the general terms and conditions of subscription, the terms of use, and the confidentiality policy” AND/OR BY SIGNING THE PURCHASE ORDER, THE USER ACKNOWLEDGES THAT THEY ARE BOUND BY ALL OF THE GENERAL TERMS AND CONDITIONS.

Article 3: Offers

3.1- The subscription offers are those accessible on the Website under the “Pricing” tab. They are valid as long as they are available on the Website.
3.2- AXONEPRO offers several subscription plans detailed on the “Pricing” page of the Website, available at the following address: https://ooti.co/en/prix/
Furthermore, AXONEPRO offers bespoke subscription plans including in particular additional support services during the installation of the Software and a dedicated and unlimited customer service. To do so, the Clients may obtain a customized quote by referring to the “Pricing” tab and on “Premium” category click on the “Contact us” tab accessible on the Website.
3.3- The information regarding subscription plans, of any type, supplied by AXONEPRO can be viewed on the Website at the time of purchase of the subscription.
3.4- AXONEPRO reserves the right to modify the subscription plans offered, without prejudice to prior subscriptions made by the Clients.
Since the Software, Application, and/or Services are subject to change, AXONEPRO reserves the right to modify the specifications, characteristics, and contents of subscription plans, for any reason whatsoever, or to withdraw one of the Services from the subscription plans.
These modifications and/or withdrawals may occur at any time without advance notice, including after the Clients subscription if these modifications result from the application of any standards, legislation or regulation and/or in the event of a problem, particularly a technical issue, related to the Software, Application, and/or Services.
Lastly, AXONEPRO reserves the right to make improvements and/or correct any mistake in the content of the subscription offers.

Article 4: Subscription Prerequisites

4.1- To be able to subscribe to the Services from the Website, Clients must:· Have an internet connection;
- Be the holders of an internet subscription giving them access to the Website, with it being understood that only the Client is responsible for the related costs;
- Warrant that they have the legal capacity to sign up, and particularly have reached the age of majority and have the necessary authority to commit the company that they represent;
- Not be competitors of AXONEPRO and/or not be subscribing for the purposes of competing with AXONEPRO, fraudulently, and/or in a way that harms the interests of AXONEPRO;
- Be the authorised holder of the credit/debit cards that will be used to pay for the subscription and that such cards give access to sufficient funds to cover the amount of the subscription;
- Have created an Account according to the terms provided for in Article 5 of the General Terms and Conditions.
4.2- AXONEPRO may not be held liable in the event of a subscription to the Services by persons who do not meet the conditions provided for in Article 4.1 of the General Terms and Conditions.

Article 5: Creating an account

5.1- Prior to signing up for any subscription, the Clients must create an Account on the Website.
To do so, they must go to the Website, click on the “Sign up” tab and fill in the required information at each step including identification information (first name, surname, email) and create a password.
At the end of the account creation process, Clients are invited to tick the “I have read and accepted the General Terms and Conditions and the confidentiality policy” box then to click on the “Sign up” tab.
The Clients will then arrive on a verification page asking them to verify their email address and then receive a welcome email prompting them to click on the words, “click here” to confirm their email address.
Once this confirmation has been made, the Clients will arrive on a new page, where they must:
- fill out information regarding their company, and in particular, the following information: · Company name · Company type · Company size · City/Town · Country · Currency · Telephone No.
- Click on the “Next” tab.
5.2- The Clients agree to supply true, accurate, up-to-date, and complete information regarding their identity and the identity of the company they represent, in accordance with Article 6-II of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy.
In particular, the Clients agree not to create a false identity that may mislead AXONEPRO or third parties and not to usurp the identity of another individual or legal entity. The Client agrees to immediately update the information they have provided in the event of any change in said information.
5.3- If the Clients provide false, inaccurate, erroneous, outdated, incomplete, deceitful or misleading information, AXONEPRO may immediately suspend or cancel their Account without notice and deny the Clients access, on a temporary or permanent basis, to the Website, and/or the Application, and/or the Software, and/or the Services. Furthermore, AXONEPRO cannot be held liable in the event of the non-performance and/or partial performance of the subscription pursuant to the provision of information of such nature.
5.3- The Account is accessible using the Clients Login Details, which are placed under their exclusive responsibility. The Clients are under the obligation to keep them secret and not to disclose them in any form whatsoever. If any one of the Login Details is lost or stolen, the Clients must immediately inform AXONEPRO, who will then cancel and/or update the login involved.
The Clients are wholly responsible for maintaining password confidentiality. In this respect, the Clients are responsible for making sure, at the end of each session, that they have effectively signed out of the Website and/or Application, particularly when accessing the Website on a public computer.
5.4- In case their password gets lost, the Clients can reset it through the Website by going to the “Login” tab and clicking on “Forgotten password?”

Article 6: Subscription

6.1- Specificities: The subscription to the Services enables each Client with an Account to use the Services based on the chosen subscription plan.
The subscription is granted per Account, with it being understood that only one Account per Client may be created.However, the Clients can give access to the Account to as many users they wish for such users to use the Services. Where applicable, the Clients are solely responsible for the access they grant.
6.2- Trial period : Prior to any subscription, AXONEPRO offers a trial period by Account to its Clients so that they can use the services corresponding to one of the subscription plans. It is hereby specified that each Account can only receive one trial period regardless of the number of subscriptions plans the Clients have subscribed to. In order to use the trial period, the Clients must go to the “Pricing” tab on the Website, select a subscription plan and click on “Try for free.” Clients must then create an Account under the terms of Article 5 of the General Terms and Conditions.
The trial period is free and without commitment. It is valid for a fixed period of time as detailed on the Website starting from the set-up of the Account by the Clients and from the moment they click on “Try for free.” At the end of said trial period, the Clients may still access their Account and export the data available on the Account, however, they will no longer have access to the Services. If the Clients would like to receive the Services, they will have to subscribe to a subscription plan under the terms of Article 6.3 of the General Terms and Conditions.
6.3- Signing up to a subscription plan
6.3.1- To sign up from the Website, the Clients must first create an Account under the conditions defined in Article 5 of the General Terms and Conditions and access their dashboard. From the dashboard, Clients must click on the “Activate your subscription” tab and select the desired subscription plan.The dashboard is then updated with the subscription plan selected and the Clients are prompted to move on to payment, according to the terms provided for in Article 7 of the General Terms and Conditions.
6.3.2- The Clients could also subscribe to a personalized subscription plan by making a request directly to AXONEPRO. In this aim, Clients could refer to the Website's “Pricing” page and obtain a customized quote by clicking on the “Contact us” tab on the “Premium” category. Subscription requests will generate a purchase order detailing the subscription plan, the Services as well as the additional services, the duration of the subscription and the terms of payment. The subscription will only trade once the purchase order has been returned, signed by the Clients.
6.3.3- AXONEPRO reserves the right to refuse subscriptions to all Clients in the event of (i) the Services being unavailable, (ii) the existence of a dispute between the Clients and AXONEPRO regarding a previous account and/or the payment of AXONEPRO invoices, (iii) if the Clients having a business in competition with that of AXONEPRO and/or if they are subscribing for the purpose of developing a business in competition with that of AXONEPRO.

Article 7: Financial terms and conditions

The Clients are informed that signing-up to the subscription plans is chargeable.
The prices of the various subscription plans for the Services are displayed on the Website and are expressed in euros (€) excluding taxes, mentioning the applicable VAT rate where applicable.
Applicable prices applicable are those in effect at the time the Clients sign up for the Subscription and depend on the plan selected.
AXONEPRO reserves the right to change the prices displayed on the Website at any time. Where applicable, the Services will be invoiced to the Clients at the prevailing price on the subscription date.

Article 8: Invoicing and payments

8.1- Means of payment
Unless special terms and conditions agreed between AXONEPRO and the Clients when placing the order, the subscription is payable:

  • By credit or debit card (Visa, Discover Card, Mastercard, American Express). The Clients card number, the name of the card holder, the expiry date and the cryptogram are entered from the Clients Account.AXONEPRO cannot be held liable in case of fraudulent use of the payment methods used.Upon receipt of the subscription and/or options request, a request to debit the bank account will be sent to the paying agency. The subscription and/or its renewal will be validated when the Client's bank indicates to AXONEPRO that the payment has been taken into account and made.
  • By bank transfer, from the information provided on the Website and/or the Application when the Clients selects the method of payment.
  • By monthly direct payment;
  • By bank transfer then by monthly direct payment.

8.2- Invoices
Unless special terms and conditions agreed between AXONEPRO and the Clients in the order, the sums owed by the Clients are the subject of invoices issued monthly and/or annually by AXONEPRO based on the subscription period selected. The invoices are issued in the name of the Clients and are sent via email to the address entered by the Clients when signing up for their subscription and/or are available upon written request from AXONEPRO accounting department at the following address: [email protected].
8.3- PaymentFor payments by debit card or credit card, the Clients will be charged the pre-defined sum automatically every month, until they cancel the subscription in accordance with the conditions stipulated in Article 10.2 of the General Terms and Conditions.
For payments by bank transfer, the Clients must issue a transfer order from their bank to AXONEPRO using the information provided on the Website and/or the Application when selecting the payment method of. The transfer must be accompanied by the order references of the subscription offer. Any transfer costs will be payable by the Clients.
For monthly direct payment, the Clients must complete a SEPA Direct Debit Mandate authorizing AXONEPRO to collect the amounts due. In addition, this mandate must be signed and returned to AXONEPRO.
8.4- Default of payment / Late paymentIf a debit is denied by the bank or if another mean of payment is denied, the subscription shall not be final, and the Clients shall contact AXONEPRO customer service in order to pay the subscription by any other mean of payment. Otherwise, the Clients’ subscription will be automatically cancelled.In addition, if so, AXONEPRO reserves the right to suspend or cancel the subscription without engaging its responsibility. If applicable, payments to be made until the end of the subscription will be immediately due.

Article 9: Effective date/length of the subscription to the services

Unless special terms are agreed upon between AXONEPRO and the Client when placing the order, subscriptions are valid for a set period of time starting from the receipt of the payment and depending on the plan selected by the Client:
- for a period of one (1) month renewable automatically by tacit renewal for successive periods of one (1) month, unless the subscription is cancelled by the Client or by AXONEPRO according to the terms under Article 10.2;
- for a period of one (1) year renewable automatically by tacit renewal for successive periods of one (1) year, unless the subscription is cancelled by the Client or by AXONEPRO according to the terms under Article 10.2.
Furthermore, Clients are informed that if the subscription is cancelled by the Client or by AXONEPRO before the end of the contractual period under way, the balance of sums owed by the Client to AXONEPRO until the end of the contractual period become payable immediately.

Article 10: Modification/cancellation/deletion of the subscription

10.1- Modification
Clients with a subscription have the option of modifying their Subscription to the Services at any time for a higher level or lower-level subscription.
To do so, Clients must access their dashboard on their Account. From the dashboard, Clients must click on the icon representing a person, click on the “Subscription” tab on the drop-down menu and select the desired subscription plan.
Once the subscription plan has been changed, they can confirm the change by clicking on the “Save” tab.
Changes to the subscription plan will take effect immediately and the Clients will be invoiced, on a prorata basis of the former plan for the past period and, on a prorata basis of the new subscription plan chosen for the upcoming period.
10.2- Cancellation and Suspension
10.2.1- The subscription to the Services can be cancelled by the Clients directly on the Website from the Clients Account.Cancellation requests can be made by giving a minimum of twenty-four (24) hours' notice before the subscription renewal date.The cancellation will then automatically be effective at the end of the contractual period under way.
10.2.2- AXONEPRO reserves the right to cancel and/or suspend the subscription to the Services without advance notice in the event of:
- non-payment
- use of the Software and/or the Application and/or the Services by the Clients not in compliance with the general terms of use of the Software;
and this, without AXONEPRO being held liable and/or the Clients being able to claim for any compensation.
Where applicable, the cancellation and/or suspension will be notified to the Clients by email and the payments to be made until the end of the subscription will be payable immediately.

Article 11: Account deactivation

11.1- The Clients’ account will remain active as long as:
- the Clients are registered on the Website;- the Clients pay for the subscription to the Services.
Once the Clients no longer pay for the subscription, access to the Services is disabled, with it being understood that the Client may still access their Account but will not have access to the Services unless they sign up for and pay for another subscription to the Services.
11.2 -The Client retain the right to disable, at any time, their Account on the Website.
To do so, the Clients must send an email to the following address: [email protected] asking to disable their Account. A copy of their ID may be requested in order to prevent identity theft.
Access to the Account will end on the anniversary date of the subscription.
11.3- Unsubscribing and/or deleting an Account is permanent, and the Account being deleted irreversibly, personal data connected with said Account are automatically deleted and cannot be recovered.
Unsubscribing and/or deleting an Account does not prevent Clients from resubscribing and creating a new Account.
11.4- In the event of non-compliance with the obligations resulting from the acceptance of the General Terms and Conditions, payment incidents regarding the price of an order, the provision of inaccurate information when setting-up an account, or actions which could harm the interests of AXONEPRO, AXONEPRO reserves the right to suspend access to the Website and/or Software and/or Application and/or Services without notice, or, depending on the severity of the actions, to delete the Clients’ Account without opening rights to claim for damages.

Article 12: Website access and availability

The Website is accessible twenty-four (24) hours a day, seven (7) days a week.
However, due to the nature of the internet, AXONEPRO cannot guarantee the functioning of and access to the Website seven (7) days a week, twenty-four (24) hours a day.
AXONEPRO reserves the right to interrupt the operation of the Website at any time with or without notice, particularly for corrective and upgrade maintenance operations thereof, or to develop the content or presentation thereof and/or for any other legitimate reason. Insofar as possible, AXONEPRO will inform Clients prior to any corrective or upgrade maintenance operation.
Additionally, Clients acknowledge that the Website may be interrupted for reasons beyond the control of AXONEPRO and that AXONEPRO therefore cannot guarantee continuous access to the Website.
In any event, AXONEPRO cannot be held liable for any interruption and/or malfunction of the Website, regardless of the cause.
Clients are asked to inform AXONEPRO of any technical issues that they may encounter when browsing and/or using the Website, by writing to the following address and describing the problem encountered: [email protected].

Article 13: Changes to the general terms and conditions

AXONEPRO reserves the right to modify the General Terms and Conditions at any time, particularly in order to take into account any legal, case law, editorial, functional and/or technical changes of the Software and/or the Website.
The version of the General Terms and Conditions that takes precedence is the version available online on the day the subscription is validated.
Any subscription by the Clients after the publication of amended General Terms and Conditions implies the acceptance by the Clients of the new General Terms and Conditions.

Article 14: Personal data

In accordance with the modified French Data Protection Act No. 78-17 of 06 January 1978, and Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and the free circulation of this data, the Client is informed that AXONEPRO performs automated processing of their personal data for the purposes of using the Services, the processing, and management of sales relations, and the sale of subscriptions.
This data may be transferred to affiliates and/or companies controlled by AXONEPRO as well as to subcontractors who contribute to these relations for their management, performance, processing, and payment.
Each Client has a right of access, modification, correction, limitation, portability, and deletion over their data, as well as a right of opposition.To this end, they should write:
- by mail to the following address: OOTI - 15 Rue Jeanne Braconnier – 92360 Meudon - France;- or by email to the following address: [email protected].
It is recalled that, with regard to corrections and updates to data regarding their Account, the Clients may directly make the necessary changes and deletions on their own Account.
For further clarification, the Clients can read the “Confidentiality policy” section available on the Website.

Article 15: Intellectual property

15.1- The trademarks, logos, charts and animated contents on the Website and/or the Application and/or the Software are the exclusive property of AXONEPRO.
The subscriptions of the Services cannot entail any transfer of AXONEPRO intellectual property rights.
15.2- The Website and/or the Application and/or the Software contain texts, images, which are the exclusive property of AXONEPRO.
AXONEPRO personally grants the Clients the non-exclusive, non-transferable, free, right to use the Website, the Application, the Software and any associated software, being stated that they are forbidden to – directly or indirectly – copy, modify, create a derivative work, reverse, engineer, disassemble or otherwise attempt to locate the source code (except as provided for by law), sell, attribute, sub contract, transfer in whichever way the rights attached to the Website, the Application, the Software and the associated software.
The Clients commit to not modify in any way the Website, the Application, the Software and the associated software and/or not to use an altered version of the latter and, including (but not limited to) in order to get a non-authorized access to the Website and/or the Application and/or the Software.
In case of a non-conform or abusive use of the Website, the Application and/or the Software, AXONEPRO reserves the right to bring a legal action in order to put an end to the violation of its intellectual property rights and to terminate the Client’s subscription and to unsubscribe and/or deactivate the Clients’ Accounts in the conditions provided under articles 10 and 11 above.

Article 16: Sales references

The Client expressly authorises AXONEPRO and its affiliate companies to use its name, logo, its trademark(s) and/or any distinctive mark as a sales reference, in any communications format of its choice, particularly on its Website and for the duration of the subscription taken out by the Client, and for a period of two (2) years following the end of their subscription.

Article 17: Proofs

The files, date and messages recorded in AXONEPRO computer systems will be admitted as proof of acts and facts that took place between AXONEPRO and the Clients.
The preservation of records shall be presumed to have taken place under reasonable conditions of security, unless proved otherwise, if the messages, data and other files are systematically saved on a reliable and durable support.

Article 18: Applicable law - Disputes

The General Terms and Conditions as well as the Service subscription agreements entered into via the Website are governed by French law.
For any issue and/or question concerning the subscription, Clients are asked to contact Customer Services in order to try to reach an amicable solution by emailing them at the following address: [email protected].
ALL DISPUTES REGARDING THE APPLICATION, INTERPRETATION OR PERFORMANCE OF THE GENERAL TERMS AND CONDITIONS AS WELL AS THE SUBSCRIPTION AGREEMENTS, OR THOSE THAT ARE THE CONTINUATION OR CONSEQUENCE THEREOF SHALL BE SUBJECT, WITH REGARD TO LEGAL ENTITIES, TO THE JURISDICTION OF THE COURTS OF PARIS, EVEN IN THE CASE OF THIRD-PARTY APPEALS OR MULTIPLE RESPONDENTS.


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