DRAG'N SURVEY, SAS with a capital of 100,000 €, having its registered office at 12 Rue de Mesly in Créteil 94000, registered with the RCS Créteil 804 864 908 taken in the person of its legal representative.
Publication Director: Roman STEC
Host: GANDI SAS, 63-65 boulevard Massena-75013 Paris.
Article 1 - Definitions
APPLICATION: Online software for creating and managing polls, surveys, questionnaires and market research.
ACCOUNT: Personal space of the USER, accessible online by means of the associated username and password.
USER (S): Means any natural or legal person using the SERVICES offered by the SITE
SERVICE (S): Online access to the functionalities of the APPLICATION via the SITE, hosting of data associated with the use of the functionalities of the APPLICATION. Certain services are reserved for people who have paid the price of the corresponding subscription.
SITE: Website accessible at the address www.dragnsurvey.com
Article 2 - ENTRY INTO FORCE AND APPLICATION OF GENERAL CONDITIONS
These General Conditions apply to all SERVICES. This version cancels and replaces previous versions.
All USERS are subject to these General Conditions, which they acknowledge having read and accepted without restriction or reservation.
DRAG'N SURVEY reserves the right to modify these General Conditions at any time and without notice. However, in the event of modification of these General Conditions, orders placed remain governed by the General Conditions applicable on the day of the order.
It is up to the USER to print these General Conditions. In case of dispute over their content, the SITE backup system prevails between the parties.
Article 3 - REQUIRED CONFIGURATION
To use the SERVICES, each USER must have a broadband internet connection (at his own expense and not included in the price of access to the SERVICES) and the following software:
- An up-to-date internet browser from the following list:
- Internet Explorer
- Google Chrome
- Mozilla Firefox
DRAG'N SURVEY may inform THE USER (by email or internet display) of the need to update certain required browsers or to install certain additional software.
The USER agrees that if he does not carry out the required updates, he may no longer be able to access all or part of the SERVICES or that the SERVICES will have degraded performance.
Article 4 - ACCOUNTS
To access the SERVICES, the USER must first create an account. The creation of accounts and the use of accounts are reserved for adults and civilians.
By creating an account, the user acknowledges having read the essential characteristics of the SERVICES and the price of these via the information provided on the SITE.
Account creation is done online, by filling in the form fields. Mandatory form fields are flagged and failure to respond to these mandatory fields prevents account creation.
The information provided by the USER when creating the account must be accurate and possibly be updated via the dedicated forms on the SITE.
The USER having registered with fanciful information or which has not been updated is liable not to be recognized, during a dispute, by DRAG'N SURVEY as a USER authorized to use the SERVICES or to make a complaint.
The account is strictly personal. It cannot be assigned, transferred, rented, or loaned.
The USER is responsible for the security of the access codes to his account. It is up to him to keep them confidential and secure. The USER acknowledges being responsible for the access codes and bearing alone the consequences which could result from the use made by third parties who are aware of them. Any involuntary loss or disclosure of elements likely to allow a third party to learn the access codes must be immediately reported to DRAG'N SURVEY so that the identifiers are invalidated as soon as possible.
The USER is recommended to log out of the ACCOUNT once he has finished using the SERVICES.
Article 5 - PRICES INDICATED ON THE SITE
The prices indicated on the SITE are all taxes included (price including tax). DRAG'N SURVEY reserves the right to modify its prices at any time. The prices are valid as long as they are posted on the SITE.
Article 6 - ORDER AND PAYMENT OF SUBSCRIPTIONS
Access to the SERVICE "professional account" is subject to payment of the subscription price.
Access to the SERVICE "professional account" is made within 1 hour maximum from payment.
Subscription orders are subject to immediate payment. All subscriptions are payable in cash and in advance and cannot be reimbursed.
However, you have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day of conclusion of the contract. To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration preferably by registered mail.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
In the event of withdrawal from you of this contract, we will reimburse all payments received from you, without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw of this contract. We will reimburse using the same means of payment as that which you used for the initial transaction, unless you expressly agree to a different means; in any event, this reimbursement will not incur any costs for you.
In any case, by using your account after payment of the subscription you expressly waive any applicable right of withdrawal.
The subscription price is paid online through the operator Systempay. As long as the operator has not informed the USER and DRAG'N SURVEY that the payment has been made, the subscription cannot be considered as having been subscribed. If the payment is accepted by the operator but it is subsequently subject to a subsequent rejection (in particular for opposition, fraudulent use of a means of payment) DRAG'N SURVEY may terminate or suspend ipso jure subscription without legal formality or notice.
The suspension or termination of the subscription does not imply waiver by DRAG'N SURVEY to obtain payment of the full amount due to it.
In the event of a dispute over payment, the operator's information system prevails between the parties.
Article 7 - DESCRIPTION OF SERVICES RESERVED FOR USERS WITH A SUBSCRIPTION
7.1 Providing access to APPLICATION functionality
USERS have a non-exclusive, non-transferable, personal, and temporary right to use the features of the APPLICATION.
The APPLICATION is provided as a service, accessible via the internet. The USER acknowledges and accepts that access to the functionalities of the APPLICATION is exclusively through an internet browser using the access codes associated with the account. No executable of the APPLICATION is communicated to the USER.
DRAG'N SURVEY reserves the right to correct the APPLICATION. The USER refrains from making any copy of all or part of the APPLICATION.
The USER is not authorized to give access to all or part of the APPLICATION to a third party, whether for a fee or free of charge.
In order not to disturb the proper functioning of the APPLICATION, it is prohibited to use the APPLICATION using procedures not described in the online user documentation (in particular via scripts or programs other than internet browsers).
The USER benefits from the APP updates at no additional cost and consequently accepts that DRAG'N SURVEY can, without notice and at any time, modify the functionality of the APP by adding, deleting or modifying the latest version.
Only users who have subscribed to the SERVICES “professional account” can access the SERVICES reserved for this type of account for the duration of their subscription.
DRAG'N SURVEY reserves the right to terminate access to the functionalities of the "free account" at any time.
The USER undertakes that the use he makes of the features of the APPLICATION are not contrary to the laws and regulations in force, and do not infringe the rights of third parties or public order and morality.
It is notably but not exclusively strictly prohibited:
- to distribute through the SERVICES or the SITE content of a pornographic nature, or infringing intellectual property or the rights of the personality (in particular but not exclusively image rights, privacy, honor and consideration) of third parties.
- to use the SERVICES associated with a false identity, a false or falsified e-mail address or header, or to try by any means to deceive third parties as to the identity or the quality of the USER; Surveys, surveys, questionnaires, market studies, sending messages must therefore be done under the identity of the USER so that people answering questionnaires or receiving information can directly and simply identify the USER.
- to use the SERVICES or the Site to send information or solicit persons under the age of 18, unless authorized by persons having parental authority over the minor.
- to use the SERVICES for lotteries or contests
The use of features to send unsolicited emails or those that do not comply with the French law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms is strictly prohibited.
7.2 Hosting of USER data
DRAG'N SURVEY hosts the USER data linked to the use of the APPLICATION for the duration of the subscription and within the limit of the storage space specified on the SITE.
DRAG'N SURVEY reserves the right to terminate the hosting services for "free account" at any time.
The USER is responsible for compliance with the provisions of the Data Protection Act with regard to personal data hosted on their behalf by DRAG'N SURVEY. The USER is therefore responsible for the processing of personal data associated with their account within the meaning of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms.
The USER undertakes that the data hosted by DRAG'N SURVEY is not contrary to the laws and regulations in force, and does not infringe the rights of third parties, in particular in terms of intellectual property.
DRAG'N SURVEY can subcontract the hosting of data to a professional host.
It is up to the user to save the hosted data. DRAG'N SURVEY does not provide any backup services.
Article 8 - AVAILABILITY OF SERVICES
The SERVICES are accessible 24 hours a day, subject to accidental interruptions (breakdown, error, broken network connections) or necessary for the proper functioning of the SERVICE.
DRAG'N SURVEY notably reserves the right to interrupt the SERVICE for the purposes of carrying out maintenance operations (change of equipment, correction of errors, updates, correction of security breaches), and undertakes, as far as possible and except in exceptional circumstances, to make these interruptions during periods of non-use or less use of the SERVICE by the USER.
No compensation of any kind whatsoever or reimbursement of the subscription price is due by DRAG'N SURVEY for these interruptions.
Article 9 - RESPONSIBILITY
The USER is solely responsible for the use of the SERVICES and bears only the risks associated with their use. Surveys, polls, questionnaires, market studies are carried out under the full responsibility of the USERS, DRAG'N SURVEY intervening only in its capacity as a software publisher provided as a service (ASP software).
The USER acknowledges having received from DRAG'N SURVEY all information relating to the SERVICES, so that he can assess its suitability for his needs.
DRAG'N SURVEY cannot in particular be held liable for damage suffered by the USER and linked in particular to:
- any interruption of the SERVICE independent of the control of DRAG'N SURVEY, as well as all interruptions provided for in article 8;
- to use of the SERVICE by the USER that does not comply with these general conditions and the user documentation available on the SITE;
- non-compliance with the required configuration;
In the event that DRAG'N SURVEY's responsibility towards a USER is recognized by an enforceable or final court decision, this is limited to the amount of the subscription paid when the event giving rise to the damage occurs. or one year from the subscription price. Contractual responsibility DRAG'N SURVEY is contractually prescribed three (3) months from the triggering event allowing its liability to be called into question.
In the event that the responsibility DRAG'N SURVEY or one of its managers or employees would be called into question by a third party due to the actions of a USER, the USER undertakes to indemnify DRAG'N SURVEY for any damages, costs (lawyers, bailiffs, experts) as well as costs.
In any case, DRAG'N SURVEY cannot be held liable for direct or indirect, material or immaterial, bodily or intangible damage, linked to the use of the APP, the SITE or the SERVICES, including loss of exploitation or financial losses resulting from the use or inability to use the SERVICES.
The SERVICES are provided as is and without warranty of any kind. DRAG'N SURVEY in particular does not guarantee that the SERVICES do not contain errors or operating anomalies. DRAG'N SURVEY does not guarantee any quantitative or qualitative result or any performance.
DRAG'N SURVEY does not guarantee the compatibility, or the interoperability of the APP with any software, hardware, or database format. DRAG'N SURVEY does not guarantee any reversibility of any kind.
DRAG'N SURVEY does not carry out any checks or moderation before putting online surveys, surveys or studies which remain under the full and entire responsibility of the USER.
The user acknowledges and accepts that the hosted data may no longer be accessible at the end of the subscription and that DRAG'N SURVEY can destroy the hosted data without delay or notice after the subscription.
Article 10 - FORCE MAJEURE
The USER expressly acknowledges and accepts that DRAG'N SURVEY is released from its obligations under this contract, in the event of force majeure. In addition to cases of force majeure usually recognized by laws and courts, constitute a case of force majeure within the meaning of this contract interruptions in the supply of electricity or telecommunications services by public or private operators, legislative decisions or regulations affecting the SERVICE and modifying the contractual balance.
In the event of force majeure, DRAG'N SURVEY may terminate, without notice, the SERVICE and subscriptions may be terminated as of right, without legal formalities or compensation of any kind.
Article 11 - TERMINATION OF SUBSCRIPTIONS
Subscriptions are tacitly renewed for identical periods unless the user deactivates automatic renewal using the account management options.
DRAG'N SURVEY may terminate any current subscription if the USER fails to comply with an obligation set out in these general conditions ipso jure 24 hours after formal notice to remedy it, without action.
In the event of gross negligence on the part of the USER bringing into play the security of the SERVICES, DRAG'N SURVEY or in the event of non-compliance with applicable law or infringement of the rights of third parties or of public order and good customs DRAG ' N SURVEY may suspend or terminate the account of the USER concerned without notice. The use of messaging features for SPAM purposes will immediately suspend or terminate the SERVICES.
Is associated with SPAM the dissemination of questionnaires via the mail campaign system without having obtained the prior, free and specific consent of the recipient of the messages, unless the recipient is already a customer of the USER.
By this clause, the parties expressly intend to be able to implement, by exception to the provisions of articles 1184 and following of the Civil Code, such an extrajudicial termination of the SERVICES in place of their judicial resolution.
After termination, the access codes allowing access to the SERVICE are invalidated and no SERVICE is accessible.
Article 12 - DESCRIPTION OF THE PANEL SERVICE
USERS who have created a questionnaire on DRAG’N SURVEY can buy a panel.
The number of respondents ordered as well as the price of the Panel indicated during the order may be revised if the dropout rate of respondents is greater than or equal to 25% or if filtering is implemented in addition to those defined during the composition of the panel.
Respondents stoping midway through the questionnaire, is considered to be an abandonment of participation.
A conditional branching of page or question referring to the thank you page of the questionnaire is considered as filtering.
Article 13 - INTELLECTUAL PROPERTY
All content accessible through the SERVICES or the SITE is protected by the provisions of the intellectual property code and international copyright treaties. All rights are reserved by DRAG'N SURVEY.
All reproductions, representations, broadcasts, qualitatively or quantitatively substantial extraction, re-use, modifications, adaptations, translations, arrangements of accessible content are strictly prohibited.
The right of correction on the APPLICATION and the SITE are reserved.
DRAG'N SURVEY is a trademark registered with the INPI.
Article 14 - IMAGE / LOGO AGREEMENT AND AUTHORIZATION
The USER expressly authorizes DRAG’N SURVEY to quote his name and / or the name of his company as well as to display his logo on the SITE, and in particular on the home page.
This authorization is valid for an indefinite and unlimited period. The DRAG'N SURVEY company undertakes to remove from the SITE, immediately and without notice, any reference made to the name, image and / or logo of the user or his company on request .
Article 15 - ATTRIBUTION OF JURISDICTION AND APPLICABLE LAW
For all disputes that may arise during this contract, jurisdiction is assigned to the competent courts of the City of Créteil (94) in France (FR).
The law applicable to this contract is French law (FR).
Article 16 - ROTECTION OF PERSONAL DATA - OBLIGATIONS OF DRAG’N SURVEY ACTING AS A SUBCONTRACTOR
16.1 Description of the treatment for which DRAG’N SURVEY is a subcontractor
DRAG’N SURVEY is authorized to process on behalf of the USER the personal data necessary to provide the SERVICES. The parties recognize that in this context, DRAG'N SURVEY acts as a processor on behalf of the USER, acting as a data controller within the meaning of Regulation 2016/679 of the European Parliament and of the Council of April 27 2016 (“GDPR”).
The characteristics of the processing of personal data for which DRAG’N SURVEY acts as a processor are as follows:
- Nature of processing: recording, organization, structuring, conservation and extraction of personal data transmitted by the USER
- Purposes of the processing: the provision of the SERVICES to the USER
- Types of personal data processed: identification of respondents to surveys; poll results
- Categories of persons concerned: persons involved in polls, surveys and market research
- Duration of the treatment: the duration of the treatment corresponds to the duration of the SERVICES.
16.2 Obligations of DRAG’N SURVEY acting as a subcontractor
As a subcontractor, DRAG’N SURVEY undertakes to:
- use the personal data entrusted to it by the USER only on behalf of the USER, in accordance with the documented instructions of the USER and for the sole purpose of carrying out this contract;
- not to transfer personal data to a third country or to an international organization, unless required to do so under applicable law; in this case, DRAG’N SURVEY informs the USER of this legal obligation before the transfer, unless the applicable law prohibits such information for important reasons of public interest;
- not to assign, use, modify or disclose personal data to anyone, whether free of charge or for a fee, without the prior written consent of the USER;
- take the appropriate technical, organizational and structural measures in order to preserve, with regard to the nature of the personal data and the risks presented by the implementation of the contract, the confidentiality and security of personal data and in particular to prevent them from being are distorted, damaged or communicated to unauthorized third parties;
- take all necessary measures to ensure that its employees involved in the provision of services are adequately informed and trained to comply with the commitments made by DRAG’N SURVEY in terms of confidentiality and security of personal data in accordance with these conditions;
- obtain the prior written authorization of the USER before recruiting a subcontractor and contractually impose the same obligations with regard to personal data as those set out in this contract;
- notify the USER of any serious incident relating to the processing and security of personal data and in particular any unauthorized access, disclosure, use or access or modification or destruction of personal data;
- taking into account the nature of the processing, cooperate with the USER for the implementation of the rights of the data subjects, including the right of access, rectification, erasure and opposition, the right to limit processing , right to data portability, right not to be subject to an individual automated decision (including profiling);
- taking into account the nature of the treatment and the information made available to it, help the USER to ensure compliance with the obligations relating to the security of the treatment, impact analyzes and prior consultations;
- depending on the choice of the USER, delete all personal data or return them to the USER at the end of this contract and destroy the existing copies, unless the applicable law requires the conservation of personal data;
- make available to the USER all the information necessary to demonstrate compliance with the obligations provided for in this article and to allow audits, including inspections, to be carried out by the USER or another auditor whom he has mandated, and contribute to these audits;
- immediately inform the USER if, in their opinion, an instruction from the USER constitutes a breach of this contract or other provisions of European Union law or of the law of the Member States relating to data protection.
Transfer outside the European Economic Area ("EEA") In the case of a User who accesses or uses the Application in a country outside the EEA who does not provide an adequate level of protection, or who is he - even established outside the EEA in such a country, it is up to this User to observe the rules of the GDPR relating to the transfer of personal data to a third country which does not provide an adequate level of protection.
Article 17 - OBLIGATIONS OF DRAG’N SURVEY ACTING AS A TREATMENT MANAGER