TERMS OF USE OF #NotMe APPLICATION

Update: 31 January 2021

The purpose of these Terms of Use (hereinafter the “Terms”) is to govern the terms under which NotMe Solutions SAS (hereinafter “NotMe”) provides the User with the #NotMe Application as part of the service offered to NotMe’s Clients.

ARTICLE 1. DEFINITIONS

In these Terms, words or expressions beginning with a capital letter shall have the meanings set out below. These definitions may be used both in singular and plural form.

  • “Application” means the whistleblowing application developed by NotMe, allowing a User to promptly report the alleged improper and/or toxic behaviour (harassment, discrimination, bullying, etc.) of which he/she has been a victim or witness either within his/her company or outside his/her company in the event that the person responsible for such behaviour is an employee of the said company;
  • “Customer” means the company having subscribed to the services provided by NotMe and entered into a service agreement with NotMe;
  • “Inappropriate Acts” means any improper fact, act or word, including those likely to represent physical assault or otherwise, including harassment or discrimination regardless of medium and nature (racism, sexual orientation, gender, religion or otherwise);
  • “User(s)” means any adult individuals, (current or former) employees or (current or former) external and occasional collaborators of the Customer who are authorised the latter to connect by remote access to the Application.
     
ARTICLE 2. PARTIES AND FORMATION OF THE CONTRACT

2.1 The publisher of the Application is NotMe Solutions SAS, whose registered office is 18 rue Boissière, 75116 Paris, France.

2.2 By registering for the Application, by creating a user account, the User declares to be of legal age and having the full legal capacity enabling him/her to commit to the Terms.

2.3 By accepting the Terms of Use, by ticking a box when registering for the Application, the User becomes aware and expressly accepts, in full and unconditionally, all of these Terms of Use.

2.4 The User acknowledges that he/she is bound by a contract to NotMe, which are referred to together in these Terms as “the Parties.”

ARTICLE 3. PURPOSE OF THE APPLICATION

3.1 The Application is a solution that allows Users to promptly alert Customers of Inappropriate Acts remotely, 24 hours a day, subject in particular to maintenance operations on the Application’s server, of which the User shall, where applicable, be informed by NotMe.

3.2 The service provided by NotMe does not include the provision of Internet access or the provision of an electronic communication service to the public.

3.3 The equipment (computer, software, means of communication, etc.) allowing access to the Application shall be the exclusive responsibility of the User or the Customer, as well as the communication costs incurred by their use.

3.4 In order to use the Application, the User must have at least:

  • an Android or IOS phone (minimum version 9.0)
  • an email address
  • a phone line
  • an Internet connection

3.5 The Application allows the reporting of Inappropriate Acts, in accordance with the applicable whistleblowing regulations under ordinary law, and in particular Article 8.III of the Law on Transparency, Anti-Bribery and Modernisation of Economic Life, known as the “Sapin 2 Law”.

3.6 For details of the categories of improper behaviour processed by the Application, the User may refer to the whistleblowing policy implemented internally by the Customer.

3.7 The Application is an option offered to the User by the Customer among other options, of which the User is informed by the Customer. The User’s use of the Application is strictly voluntary, with the latter being free to choose other means to report.

ARTICLE 4. USER ACCOUNT 

4.1 The User creates a user account, in order to be able to access the services of the Application.

4.2 When registering for the Application, the User undertakes not to impersonate a third party, or to falsify or conceal his/her identity, age or create any false identity.

4.3 Each User is free to terminate his/her registration by requesting the closure of his/her account at any time and without charge by contacting compliance@not-me.com or via the “Account” or “Profile” tab of the Application.

4.4 In the event of any false or incomplete information given by the User to NotMe, in the event of fraud or attempted fraud or in the event of a breach of law or these Terms, NotMe reserves the right to suspend all or part of access to the Application to the User at fault, immediately, without prior notice and without reimbursement of compensation to the Customer.

4.5 NotMe may permanently delete the User’s account after sending the User an electronic message informing the User of his/her breaches. This termination shall take place without prejudice to any damages that may be claimed from the User in compensation for any damage suffered by NotMe as a result of such breaches.

ARTICLE 5. INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE APPLICATION 

5.1 The information provided by Users in connection with the use of the Application must remain factual and have a direct connection with the Inappropriate Acts that are the subject of the report.

5.2 In particular, the User must ensure that it only transmits relevant and necessary information for the Customer’s processing of the Inappropriate Act(s), in order to comply with the principle of data minimisation imposed by the Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “GDPR”).

5.3 The User must be particularly vigilant with regard to the transmission, via the Application, of so-called “sensitive” data, as defined in Article 9.1 of the GDPR, in particular data revealing the origin, political opinions, religion or state of health of a person, and to communicate such data only in the event that this is essential for the establishment, exercise or defence of a right in court.

5.4 In the event that the User decides to make an anonymous report, he/she is informed that his/her report must be sufficiently detailed in order to be able to be processed by the Customer.

5.5 The User warrants that no data provided in connection with the Application is deliberately false and that no information is disclosed in violation of the law.

5.6 The use in good faith of the Application does not in any way expose the User to disciplinary sanctions, even if the investigation establishes that the facts reported in the alert were incorrect or that there is no follow-up to the investigation.

5.7 However, any misuse of the Application by the User may result in any legal or disciplinary sanctions or proceedings, which will be decided by the Customer, as the case may be.

ARTICLE 6. PROHIBITIONS

6.1 In the context of the use of the Application, the User is prohibited from:

  • Intentionally disclosing misleading or incorrect data;
  • Using the Application to intentionally harm others;
  • Reporting on issues that are outside of the authorised scope;
  • Registering more than one user account;
  • Implementing manoeuvres aimed at causing disturbances in the operation of the Application;
  • Attempting to intervene on the Application to change its properties or to access confidential data stored on the Application.
ARTICLE 7. PROCESSING OF THE REPORT

7.1 The reports that the User sends to NotMe via the Application are processed in accordance with a procedure determined by the Customer.

The User may contact the Customer in the event of a question relating to the processing of a report.

ARTICLE 8. PERSONAL DATA

8.1 In the context of the use of the Application, the User’s personal data is collected and processed, either when creating a user account or when reporting.

8.2 In the same way, in the context of reporting, personal data of third parties are collected and processed.

8.3 This personal data is processed by the Customer, in its capacity as data controller, and by NotMe, as processor, in accordance with the GDPR.

8.4 By using the Application, the User acknowledges and accepts the processing of his/her personal data by the Customer, in accordance with the GDPR and the privacy policy communicated by the Customer.

ARTICLE 9. INTELLECTUAL PROPERTY AND IMAGE RIGHTS

9.1 The trademarks, logos, graphics, photographs, animations, videos, and texts proposed by NotMe, through the Application, are the exclusive intellectual property of NotMe and may not be reproduced, used or represented without the express authorisation of NotMe, under penalty of legal action.

9.2 The Terms shall not be construed as assigning or transferring any intellectual property rights of NotMe to Users or to any third party.

9.3 The User undertakes not to do anything that may infringe the intellectual property rights of NotMe.

9.4 NotMe grants the User a non-exclusive, non-transferable right to access and use the Application.

9.5 The Application is protected by intellectual property rights, including copyright, patent law, trademark law, software protection law and all other applicable rights.

9.6 NotMe and each User undertake to respect the image right of the persons covered by the alert and not to publish or disseminate, in any form whatsoever, any image arising from the use of the Application.

9.7 The User shall refrain from carrying out any provisional or permanent reproduction of all or part of the Application, by any means whatsoever. In addition, it is prohibited to disseminate, distribute, make available directly or indirectly all or part of the Application for the benefit of a third party or the public, free of charge or for consideration, as well as any translation, adaptation, arrangement or modification of the Application, particularly with a view to creating a similar service. Similarly, the extraction or reuse of the databases used by the Application is prohibited.

9.8 NotMe reserves the right to close the account of any User who violates the aforementioned rules.

ARTICLE 10. LIABILITY AND WARRANTY

10.1 NotMe shall perform this Contract in the context of an obligation of means.

The User acknowledges that the characteristics and limitations of the Internet do not guarantee the security, availability and integrity of data transmissions during their transit over the Internet.

10.2 It is specified that NotMe cannot be held liable for:

  • any damage related to an interruption or malfunction of the Internet network. It is the User’s responsibility to take all appropriate measures to protect his/her own data and/or software stored on his/her computer hardware against any damage;
  • actions or inaction by third parties;
  • the suspension or permanent closure of a User account resulting from a breach of the Terms of Use;
  • any delay or non-performance resulting from the occurrence of a case of force majeure as defined by the provisions of the French Civil Code.

10.3 By express agreement between the Parties, the liability of NotMe for breach of its obligations is limited according to the terms and conditions defined in the contract concluded between NotMe and the Customer.

10.4 The disclosure by the User of unauthorised content within the framework of the whistleblowing system, in breach of Article 5 of the Terms of Use, may incur liability. The User shall hold NotMe harmless against any administrative, criminal or civil proceedings, and any extra-judicial disputes based on such content exchanges initiated by the User, even partially.

10.5 The fact that NotMe does not invoke a breach by the User of any of the provisions of these Terms of Use shall not be construed as a waiver by it of any such breach.

ARTICLE 11. MISCELLANEOUS PROVISIONS

11.1 NotMe may amend these Terms of Use at any time. The User shall be informed by any means of such changes prior to their entry into force. Changes to these Terms of Use shall be binding on the User upon their acceptance.

11.2 In the event that one or more provisions hereof are considered invalid or unenforceable by a competent court or by a law, these provisions shall be replaced by fair and equitable provisions, reflecting the agreement of the Parties and compliant with the applicable law, without the validity and enforceability of the other provisions hereof being affected.

11.3 These Terms of Use shall prevail over any contradictory document.

ARTICLE 12. GOVERNING LAW

12.1 The Terms of Use shall be governed, interpreted and applied in accordance with French law.

ARTICLE 13. CONTACT US

13.1 For any questions, information about the Application, you can leave a message to the following address: contact@not-me.com.

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