Update: 31 January 2021
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.
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.
2.4 The User acknowledges that he/she is bound by a contract to NotMe, which are referred to together in these Terms as “the Parties.”
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:
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.
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 firstname.lastname@example.org 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.
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.
6.1 In the context of the use of the Application, the User is prohibited from:
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.
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.
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.
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:
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.
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.
13.1 For any questions, information about the Application, you can leave a message to the following address: email@example.com.