The website www.akeeN.fr is published by the company AKEEN, SAS with a capital of 10,000 euros, registered in registre du commerce et des sociétés de Paris under number 811 180 421, headquarter at 5 Avenue Ingres – 75016 PARIS – intra-Community VAT number FR37811180421.

 

Article 1 - Purpose

These Terms have been elaborated in order to clarify for the Users the conditions for a positive use of the services offered by AKEEN platform. (Hereinafter "The Services"), and to define the rights and obligations of the parties in this context. They may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the specific conditions prevail over the Conditions of Use (Hereinafter "the COU"). By agreeing on the COU, you commit to respect them when using the tool.


Article 2 - Glossary

Administrator: User managing the use of AKEEN platform in his Company.

Data : All data provided by User (raw data) in a format determined by AKEEN and processed by The Software (processed data) All of this data is hosted on dedicated servers of AKEEN, publisher of the Software. 

Company: Organization customer of AKEEN system.

Hosting: IT Service related to the provision of data storage space. The host is the company AKEEN, Publisher of the Software, which rents servers within the server center managed by OVH, which head office is located in 2, rue Kellermann 59100 Roubaix-France – Phone number 0974531323.

Identifier: Code including a login (User's email), necessary to access AKEEN. The identifier is unique, personal and confidential. AKEEN can generate as many IDs as Users.

Akeenshort solution: refers to the internal professional mobility web application, also called "Solution' and "Tool" in these Terms of Use. The solution is made available by your Company in order to ease the said mobility and to encourage the commitment of the employee in the organization.

Software: Range of software made up specific IT developments of which AKEEN is the sole proprietor in its quality of publisher. These software are intended for companies.

User:  represent the members of the Company designated by the Administrator under its sole responsibility and having access to the AKEEN tool via their identifier.


Article 3 - Operator of the Services

The Services are operated by the company AKEEN, SAS with a capital of 10,000 euros, registered in registre du commerce et des sociétés de Paris under number 811 180 421, headquarter at 5 Avenue Ingres – 75016 PARIS ​(Herinafter: " AKEEN"). AKEENcan be contacted at the following coordinates:

Mailing address: 5 Avenue Ingres – 75016 PARIS

Email:  to be completed


Article 4 - Acceptance of Terms of Use

Acceptance of these Terms and conditions is evidenced by [to be completed]. This acceptance may only be full and complete. Any acceptance subject to reservation is null and void. The User who does not agree to be bound by these conditions must not use the Services.


Article 5 - Access to the Services

AKEENSHORT access is open to all members of the Companies who have enter into a contract with AKEEN and having been added to the tool by the Administrator. The Administrator of the Company manages the access of the User to the application.

When adding a User, he or she has access to a space dedicated to the Company (below "the Application"), which enables him to manage his use of the Services in a form and according to the technical means that AKEEN judge the most appropriate for rendering the aforementioned Services. The information entered by the User commit him as soon as it is validated. 

The User can access the Services at any time after identifying himself with his email address and his password. The User agrees to personally use the Services and not to allow any third party to use them in his place  or on his behalf, except to bear full responsibility. The username and password are proof of the identity of the User and the commitment to any use made through him. They will have the value of electronic signature within the meaning of article 1367 of Civil Code. He is also responsible for maintaining the confidentiality of his password. He must contact AKEEN at the coordinates mentioned in article 3 hereof if he notices that his account has been used without his knowledge. He grants AKEEN the right to take all appropriate measures in such cases.  In case of loss of a password, the User contacts AKEEN to obtain a new one.

The Services may be used as soon as the User has been registered by an Administrator of his Company and are accessible, subject to the restrictions provided on the site, to any person having full legal capacity to engage under these Terms of Use. A person who does not have full legal capacity may only access the Site and the Services with the consent of his legal representative. 


Article 6- Description of Services

The User has access to the Services described on AKEENSHORT website about AKEEN journey, in a form and according to features and technical means that AKEEN considers most appropriate.


Article 7 - Liability

AKEEN's liability is limited to the provision of AKEENSHORT to the Company and its Users, as well as its proper functioning.

AKEEN cannot be held liable in the event of misuse of personal data entered on site by third parties and this taking into account the relative technical reliability of data transmission over the internet. However, AKEEN is making any effort to protect and secure the exchanges of data on the application.


Article 8 – Personal Data

Aware of the importance of ensuring the confidentiality, AKEEN makes strong commitments to the protection of personal data.

AKEEN makes sure to only collect and process data strictly necessary for the purpose for which it is processed. (data minimization)

The processings implemented by AKEEN meet an explicit, legitimate and determined purpose.

Data are processed primarily for the following purposes:

  • managing your registration for the application and to the events organized by your Company or AKEEN;
  • managing your subscription to AKEEN publications;
  • internal professional mobility.

In accordance with French data protection act, AKEEN informs you about the processings of personal data implemented in a clear manner during each collection of personal data including:

  • the purposes for which the personal data are to be processed and the legal basis for the processings; where applicable, the legitimate interests pursued by AKEEN or a third party.
  • recipients or categories of recipients of the personal data es destinataires ou les catégories de destinataires des données à caractère personnel ;
  • the retention period of the personal data or the criteria used to determine this period;
  • the right to ask to AKEEN access to personal data, the rectification or deletion of personal data, or a limitation of processing and the right to portability data so the ability to define the of its data after his death.
  • the right to withdraw consent at any time, without prejudice to the lawfulness of processing based on consent prior to its withdrawal;
  • the right to send a complaint to the supervisory authority;
  • information on whether the requirement to supply personal data is a regulatory or contractual nature or whether it conditions the conclusion of a contract and whether the data subject is require to provide personal data, as well as only on the possible consequences of the non-provision of this data. 
  • automated decision-making, including profiling as well as relevant information about the underlying logic,and the significance and expected consequencesof such processing.

AKEEN communicates your personal data only to authorized and determined recipients.

The recipients of your personal data are the relevant services of AKEEN.

AKEEN retains your data only for the duration of necessary for the operations for which it was collected and in compliance with the legislation in force.

AKEEN ensures the security of your personal date by implementing enhanced data protection by the use of physical and logical security.

In accordance French data protection act, you have a right of access, rectification, deletion, restriction of processing, portability,and to choose the fate of your data after death for all your personal data. You can contact AKEEN by email at the following coordinates: [to be completed] or by mail at the following address: AKEEN  – 5 avenue Ingres, 75016 Paris  accompanied by a copy of a signed ID.

The User acknowledges and expressly agrees:

  • that the data collection through AKEEN's web application and computer equipment is evidence of the reality of of the operations involved hereunder;
  • that this data constitutes the only mode of evidence admitted between the parties;
  • that the User and AKEEN undertake to make every effort to ensure data security.
  • that the data collected is the strict property of AKEEN. In order to ensure the anonymity of Users, AKEEN is under no obligation to disclose the gross result to the User or to the Company.
  • that the web application and data are hosted by OVH.
  • that the Company has carried out all its obligations under the personal data protection regulation and it has been informed of the use of the said data.
  • that the data collected during the use of Services will not be resold to a third party company.
  • that the data collected through the use of Services can be used to improve AKEENSHORT application.
  • AKEEN could not be held liable in the event of unwanting data or hacking of the Company's website.
  • In order to provide the Services and/or for administrative purposes, AKEEN may have to share certain persona data of Users or of the Company with subcontractors.
  • That in the event of unwanted data release hacking affecting a subcontractor, AKEEN could not be held liable. The User can access its data in the Tool, in the form processed by AKEEN.

Article 9 – Obligations of the User and the Company

Without prejudice to the other obligations hereunder, the User and the Company undertake to comply with the following obligations:

9.1 The User and the Company undertake, in their use of the Services, to comply with the laws and regulations in force and not to infringe on the rights of third parties or public order. AKEEN can not be held liable for this, under no circumstances.

9.2 The User and the company acknowledge having read and reviewed the characteristics and constraints, including technical, of all Services provided by the website.They are solely responsible for their use of the Services.

9.3 The User and the Company are informed and agree that the implementation of the Services required that they be connected to the Internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.

9.4 The User and the Company are solely responsible for the relationships that they may establish with other Users and the information that they communicate with them in connection with the Services. It is their responsibility to exercise appropriate prudence and discernment in their relationships and communications. 

9.5 The User and the Company undertake to make strictly personal use of the Services. Accordingly, they are prohibiting from assigning, granting, or transferring all or part of their rights or obligations hereunder to a third party in any way.

9.6 The User and the Company

9.7 The User and the Company recognize that the Services offer an additional but not an alternative solution to the means they already use to achieve the same objective and that this solution cannot be a substitute for these other means.

9.8 The User and the Company must take the necessary measures to save by their own means the information of the Platform, which they deem necessary, of which no copy will be provided.


Article 10 - Corrective Maintenance 

The purpose of corrective maintenance is to provide the User with a direct solution, or, where appropriate, a circumvention solution in the case of dysfunctionalities noted and not allowing, for the User or the Company normal use of the Software features.

In order to facilitate the execution of maintenance, the User and the Company undertake to accurately describe the malfunction (description of the situation: error messages, etc...) The quality and response time of AKEEN necessarily depends on the active cooperation of the Company, which is responsible for providing it, with adequate information. AKEEN is committed to providing the necessarily means to process the Company's requests in good conditions and to intervene as soon as possible.


Article 11. User and Company Warranty

The User and the Company shall guarantee AKEEN against any complains, claims, and / or actions that AKEEN may suffer as a result of a breach, by the User and/ or the Company of any of their obligations or warranties under these Terms of Use. They undertake to indemnify AKEEN for any damages it may suffer and to pay any costs, charges,and/ or convictions that it may have to bear as a result.


Article 12 - Prohibited behaviors

12.1 It is strictly prohibited to use the Services for the purposes of abusive termination, illegal, fraudulent or abusive activities of third parties, or the breach of public order or violations of laws and regulations in force, the intrusion into a third party computer system or any activity likely to harm, control, interfere or intercept all or part of the computer system of a third party, violate its integrity or security, the sending of unsolicited emails and/ or prospecting or commercial solicitations, manipulations designed to improve the referencing of a third party site, the assistance or incentive in any form and any manner whatsoever, to one or more acts and activities described above, and more generally any practice that diverts the Services for purposes other than those for which they were designed.  

12.2 The Users and the Company are strictly prohibited from copying and/ or diverting the concept, technology or any other element of AKEENSHORT web application for their or third parties purposes.

12.3 The following are also strictly prohibited:

  • Any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services,
  • Any intrusion or attempt of intrusion into AKEEN systems​,
  • Any hijacking of the system resources of the web application,
  • Any actions likely to impose a disproportionate burden of the latter's infrastructures,
  • Any breach of security and authentication measures,
  • Any acts likely to infringe on the financial commercial or moral rights and interests of AKEEN or of the Users of its site, 
  • and, more generally any breach of these Terms of Use.

12.4 It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Site, as well as to information contained therein or/ and shared.


Article 13- Penalties for breaches

In the event of a breach of any provisions of these Terms of Use, or more generally of laws and regulations in force by a User or the Company, AKEEN reserves the right to take any appropriate action, including but not limited to:

  • Suspend or terminate the access to the Services of the User or the Company, who has committed or participated in the breach or violation,
  • Remove any content posted on the Application,
  • Publish on the Application any information messages that AKEEN deems useful,
  • Notify any authority concerned,
  • Initiate any legal action.

Article 14 - Liability and warranty of AKEEN

14.1 AKEEN ​undertake to provide the Services expeditiously and in accordance with good practice, being specified that AKEEN has an obligation of means, excluding any obligations of result, what Users and the Company specifically recognize and accept.

14.2 AKEEN is aware of the information posted by Users as part of the Services, but does not carry out any moderation, selection, verification and control. Derogatory information to a third party may be notified to AKEEN in accordance with article 6-I-5 of Law n° 2004-­575 of June 21st 2004 on confidence in digital economy.

14.3 AKEEN decline any responsibility in the event of a loss of information accessible in the Platform by the Users, who must save a copy and cannot claim any compensation in this respect.

14.4 AKEEN undertakes to conduct regular checks to verify the operation and accessibility of the application. As such, AKEEN reserves the right to temporarily suspend  the access to the application for maintenance reasons. Similarly, AKEEN shall not be held liable for any temporary difficulties or improprieties in accessing the site arising from circumstances external to it, force majeure, or that would be due to disruption of telecommunications networks.

14.5 AKEEN does not guarantees Users

  • That the Services, subject to constant research to improve performance and progress in particular, will be totally free of errors or defects,
  • that the Services, being standard and not for the sole purpose of a govern User according to his personal constraints, will respond specifically to its needs and expectations.

Article 15 - Intellectual Propriety

The systems, software, structures, infrastructures, databases and contents of all kinds (texts, images, visuals, music, logos, brands, databases, etc ...) operated by AKEEN within the site are protected by all rights of intellectual property or rights of database producers in force. All disassembly, decompilation, deciphering, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of AKEEN are strictly prohibited and may be subject to prosecution.

The website www.akeenshort.com taken in its entirety and its components taken independently, in particular specific programs and developments and content including data, texts, still or animated images, logotypes, sounds, graphics, files, are the exclusive property of the company AKEEN or third parties that have granted it a license. Any total or partial representation of the site or any of its components without the express permission of AKEEN is prohibited and would constitute a forgery penalized by articles L.335-2 and following of the Intellectual Property Code.

The databases on the site are protected by Articles L.341-1 and following of the Intellectual Property Code and any qualitatively or quantitatively substantial retrieval or reuse of the contents of the databases shall be sanctioned.

The trademarks and logos appearing on the site are trademarks registered by AKEEN or by third parties. Any reproduction, imitation or use, total or partial, of these distinctive signs without the express authorization and in violation of the prohibitions envisaged in articles L.713-2 and following ones of the Code of the intellectual property engage the responsibility of their author.

Other distinctive signs, including corporate names, trade names, signs, and domain names reproduced on the site are the property of the company AKEEN or third parties and any reproduction without express authorization is likely to constitute a usurpation engaging the responsibility of its author on the basis of Article 1240 of the Civil Code.


Article 16 - Links and third party websites. Cookies

16.1 AKEEN cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the User would access via the site. AKEEN does not endorse any of the content, advertising, products and / or services available on such third-party sites and mobile apps, which are reminded that they are governed by their own terms of use. AKEEN is also not responsible for transactions between the User and any advertiser, professional or merchant (including any potential partners) to which the User would be directed through the site and cannot under any circumstances be party to any potential disputes with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these third parties are held.

16.2. Cookies are data stored in the terminal equipment of a user and used by the site to send information to the browser of the user, and allowing the browser to return information to the original site (e.g. an identifier session, choice of language or date).

Cookies made it possible to keep, during the period of validity of the said cookie state information when a browser accesses the various pages of a website or when that browser subsequently returns to this website.

Only the issuer of a cookie can read or modify the information contained therein.

There are different types of cookies:

  • session cookies that disappear as soon as you leave the site;
  • permanent cookies that remain on your device until their lifetime expires or until you delete them using your browser's features. 

You are informed that, during the visits of the site, cookies can be installed on your device.

AKEEN uses cookies in the purpose of analyzing the use of the website and customize advertisements that match the user and strengthen and personalize communication with them, in particular by the newsletters that AKEEN may set up.

Internet browsing programs allow you to erase cookies on the hard drive, block them completely or receive a warning before the implementation of the said cookie.

The cookies used on this site are third party cookies chosen by AKEEN in order to achieve specific objectives.

AKEEN uses the services offered by the American company Google Inc.. Data collected through cookies are transmitted and stored by Google Inc.. Google Inc. is a member of Safe Harbor and therefore provides an adequate level of protection for Data protection.(Decision 2000/520/CE du 26-7-2000).

Google Analytics service allows you to record visitors and identify how they use the site. These cookies are deposited and read on the terminal equipment and as soon as the User accesses a website using "Google Analytics" services.

The data generated by these cookies relate to:

  • your use of the website; 
  • your IP address to determine the connection city. This data is immediately anonymized after location and is not communicated to AKEEN.

You can get more information about Google Analytics at:http://www.google.com/analytics/learn/privacy.html.

When you browse the AKEENSHORT website, repository and reading of cookies allows you to analyze your browsing and to measure the audience of our website.

You can also manage the cookies used on the site by setting your browser, as detailed below.

You have several options to delete cookies.

Indeed, if most browsers are configured by default and accept the installation of cookies, you have the option, if you wish, to choose to accept all cookies, or systematically reject them or choose the ones you accept according to the issuer. You can also set your browser to accept or refuse cookies on a case-by-case basis prior to installation. You can also regularly remove cookies from your terminal via your browser. Don’t forget to set all the browsers of your different terminals (tablets, smartphones, computers).

The configuration of each browser is different regarding management of cookies and choices. It is described in the Help Menu of your browser, which will let you know how to modify your cookies choices. As an example:

However, we inform you that by setting your browser to refuse cookies, some features, pages, spaces of the Site will not be accessible, which we cannot be responsible for.

We also draw your attention to the fact that, when you object to the installation or use of a cookie, a refusal cookie is installed on your computer. If you remove this refusal cookie, it will no longer be possible to identify you as having refused the use of cookies. Similarly, when you consent to the installation of cookies, a consent cookie is installed. Consent or refusal cookie must remain on your computer.


Article 17 - Unsubscription

If you do not wish to access the Tool, you may address your request for deletion by contacting your Adminstrator or by sending a request to AKEEN by email or mail, the contact information referred to in Article 3. Unsubscription is is effective immediately. It involves the archiving of the User account. The data will be deleted after a period of three (3) years taking effect on the date of unsubscription unless you expressly indicated by you to an extent this period to a maximum of five years. During the retention period, you will be able to retrieve your data by applying to AKEEN. The obligation to return AKEEN's data expires at the expiry of the above expiration period. [to be confirmed]


Article 18 - Amendments

AKEEN reserves the right to modify these Terms of Use at any time. The User and the Company will be informed of these amendments by any useful means. The User who does not agree with the modified conditions Terms of Use will automatically unsubscribe from the Services. Any User who uses the Services after the amended Terms of Use come into force is deemed to have accepted these changes.

The User and the Company are therefore invited to consult them regularly.


Article 19 - Language

In the event of the translation of these Terms and Conditions into one or more languages, the language of interpretation shall be the French Language, in the event of a contradiction or dispute over the meaning of a term or a provision.


Article 20 - Applicable Law and jurisdiction

The general conditions are governed by French Law. In the event of a dispute as to the validity, interpretation and/ or enforcement of these Terms of Use, the parties agree that Paris Courts will be exclusively competent to judge the matter unless otherwise required by procedure.


Article 21 - Miscellaneous

In the event of one of the provisions of the Terms of Use is considered nul and void by virtue of a legal and regulatory provisions, present or future, or a court decision of under the authority of res judica and from a competent jurisdiction or body, this provision of the Terms of Use would then be deemed unwritten, all other provision of these Terms and Conditions that remain binding between the Parties.