TERMS AND CONDITIONS
SECTION 1. GENERAL
These terms and conditions (hereinafter referred to as « these Terms and Conditions ») apply to services performed by PRIME TARGET (“we”, “us”, “our”) for customers, users, account manager or holder, and others who download, access, use the Platform and purchase and/or subscribe to the Services (“you”, “your”). To use this Platform, you shall accept these terms and conditions in full.
These Terms and Conditions prevail over any other documents such as prospectuses, catalogs, documents issued by us, which are given for information purposes only and have only indicative value and prevail over any conditions of you, such as conditions of purchase or services.
These Terms and conditions may evolve. We keep a historical record of all changes to our Terms on BitBucket. If a change is material, we’ll let you know before it takes effect. If you don’t agree to them, you will be entitled to terminate this Terms and Conditions and you should delete your account before they take effect. For paid versions of the Services or Content that you have already purchased, we will notify you at least 30 days prior to any material changes, including price changes.
You must be a human being to set up an account and use the Service. Accounts may not be created by “bots” or other automated methods.
Unless the context requires otherwise, the following words shall have the following meanings in these Terms and Conditions:
Account Manager: user you appointed as account manager entitled to create users account.
Confidential Information: information, directly or indirectly, relating to you, which is of a confidential and proprietary nature, including but not limited to trade secrets, know how, inventions, techniques, processes, programs, documentation, data, reports, data base, customer lists, research, business strategies …
Login ID: your Login ID and password required to have access to your account on the Platform.
Platform: web site created and published by PRIME TARGET, available through www.primetarget.tech which provides personalized market reports and market updates achieved by PRIME TARGET and some information about the Services performed.
Services: consulting services with regards to client’s export market strategy and market updates based on several criteria and access to the Platform to consult and download the final reports.
SECTION 3. OBJECT
These Terms and Conditions define the terms and conditions under which we provide you consulting services and we give you access to the Platform.
Any creation of account requires the fully acceptation of these Terms and Conditions that you recognize having clearly read and understood.
These Terms and Conditions are applicable to you, including any person under your responsibility using the Platform for professional purposes. You shall be fully liable to PRIME TARGET for any breach of obligation in these Terms and conditions by users and any and all obligations hereunder shall be applicable to you and any and all users (any reference to you is deemed to include any user).
We provide consulting services to assist you in the development of export strategy based on information you provided and relevant country-specific data incremented on the Platform. In addition, we provide monthly updates services based on information you provided and relevant country-specific data incremented on the Platform.
4.1 Account Creation: the use of the Services requires the creation of an account on the Platform. You shall provide the name of the company, an email address, the first name and the last name of the Account Manager. You shall choose and set a password. We shall confirm in writing by e-mail the creation of your account. Such password shall be strictly personal and confidential and shall not be disclosed.
The Account Manager shall be in charge of the creation of the users’ account and to give them access to their account.
In no case we shall be liable for fraudulent use of your Login or Password as we do not have technical means to systematically check people’s identity.
You are sole responsible for the use of the accounts and you are liable for all actions and declarations made through such accounts.
You warrant that the information provided to us are true, accurate and not misleading, at the time of registration and thereafter.
We shall not be liable for any damages related to the provision of false information by You.
4.2 Information Provision: To allow us to produce a report in accordance with your needs, you shall provide some information about your company and the activities of your company.
4.3 Request summary: You shall validate your request after having checked the request summary was correct. Such summary is also sent to the email address given upon account creation.
4.4 Final Report: Based on information provided by you upon request, we shall issue a report by using the Platform and analyzing the relevant data within the framework of your request. You acknowledge that Excel and Adobe are required to download the report.
4.5 Access to the Platform: You shall have access to the Platform through Login ID. We hereby grant to you a non-exclusive right of access and use of the Platform only for the management of your request.
You shall be able to access the Platform 24 hours a day, 7 days a week from your IT infrastructure except when the Platform is unavailable for maintenance of the Platform, potential failures, or technical restrictions related to the specificities of Internet. We shall not be liable for any interruption of services unless otherwise provided.
In the event of scheduled interruption for maintenance or updating Platform reasons, we shall inform you about such interruption in order to let you take the measures required.
In no event will we be liable for any interruption due to (i) your fault or negligence of (ii) your default of payment.
Payment and pricing terms for the Service are as specified on the Platform in the order form utilized to order such subscription.
By selecting a service, you agree to pay Prime Target the annual subscription fees indicated for that service. Payments will be charged on the day you sign up for the service and will cover the use of that service for an annual period as indicated. Service fees are not refundable.
Concerning services on demand, a quotation shall be sent to you based on services provided.
Payment processing services are provided by Stripe Payments Europe, Ltd. (“Stripe”) and are subject to the Stripe Services Agreement — Norway (“Stripe Services Agreement”). By agreeing to these terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. For information, we have no access to your payment data which is only collected and treated by Stripe.
6.1. Rights of PRIME TARGET: We own and/or legally use all intellectual property rights relating to the Platform. You acknowledge that the trademarks, designs, copyrights and other intellectual property rights relating to the Platform, including any modifications, translations, corrections, updates, new versions or derivative works, are and remain reserved to us at any time. Total or partial reproduction of the above constitutes an infringement of our rights.
You agree to use the Platform pursuant to these Terms and Conditions and not to infringe in any way our property rights. Such an infringement may result in legal action and termination of this Terms and Conditions.
6.2. License granted to you : Subject to compliance with these Terms and Conditions, we grant you a personal, limited, temporary, non-transferable, non-exclusive right to use the Platform within the limit of these Terms and Conditions. Any use not authorized in these Terms and Conditions is prohibited. In particular, but without limitation, you agree not to:
- copy, reproduce, modify in any way whatsoever, incorporate in another product, all or part of the Platform, even to correct errors it may contain, this faculty being exclusively reserved to us, except for safe copies authorized by law;
- disassemble, reverse engineer or try to discover the source code (which is strictly confidential) and/or specific data files of the Platform;
- distribute, give, sell, sublicense, or otherwise transfer, even for free, all or part of the rights granted by these Terms and Conditions, by any means, to anyone;
- remove, conceal or alter any proprietary notices or labels affixed to or in the credits of the Platform.
7.1 Our warranty. The equipment (computer, software, telecommunications, etc.) required to access to the Platform shall be handled by you, as well as the telecommunication costs induced by its use.
You undertake to respect our instructions and recommendations detailed in the Platform.
You acknowledge that the characteristics and restrictions of Internet and computer technology do not enable us to grant warranties about the security, the availability and the integrity of data transmissions over internet. In particular, you acknowledge and accept:
- that we shall not be held responsible for access problems to the Platform;
- that it is its responsibility to take any appropriate measures to protect its own data and or/software and/or materials from contamination by possible intrusion attempts or any other software and program that may be detrimental to operating or damaging computer equipment;
- that we cannot guarantee the operation, at any time, without interruption and without error of the Platform and the Services. In particular, we cannot be held responsible for the impossible access to the Platform or a misuse of a Platform or any other reasons that we cannot handle;
We make no express or implied warranty of the Platform and Services’ ability to meet your specific needs and expectations.
7.2 Third party websites
You may find advertising or other content on the Platform that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Platform. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Platform, is subject to that website’s own terms and policies.
7.3 Your liability. In no case we shall be held liable for wrong results related to inaccurate information you provided.
Thus, you warrant us against any action and/or claim and or sentence held against us due to a breach of these Terms and Conditions from you, including the indemnities, legal costs, and legal fees.
SECTION 8. LIMITATION OF LIABILITY
- Use of the Platform. We shall be only bound within the limits of an obligation of means for the use of the Platform and the completion of the Services. Thus, we shall not be held liable for any dysfunctions of the Platform.
- Consulting Services. The Platform is regularly incremented and updated with regard to information relating to each country with data from different public and private databases. However, you acknowledge that we cannot guarantee the completeness of the analysis and the report which is accomplished based on information you provided. Our report shall be used as a decision-making aid but cannot replace a global reflection on your export strategy.
- To the maximum extent permitted by applicable law, the limitations and exclusions of liability provided in these Terms and Conditions apply, whatever the basis of such liability. In no event shall we be liable to you, for any claims (including third party claims) or costs whatsoever relating to any indirect damages, including but not limited to any lost profits, loss of data, any activity interruption. In no event shall we be held liable for any damages other than direct damages proved and which we have caused. In any event, the total of our liability shall be strictly limited and in no case shall exceed the amount that you have actually paid in connection with the provision of the Services directly related to the damages during 12 months preceding the event having caused the damage.
SECTION 9. CONFIDENTIALITY
We commit, on our behalf as well as on behalf of our staff, to prevent the disclosure of Confidential Information related to the performance of Services to any third party without your prior written consent.
All obligations with respect to Confidential Information shall be effective during the term of the relation between us and shall remain in effect for a period of 1 year following the expiration of the Terms and Conditions.
SECTION 10. TERM AND TERMINATION
10.1 Term and termination. Services are subscribed upon acceptation of these Terms and Conditions and access to the Platform is given for a period of one year, automatically renewed unless notification of termination given at least two months before the anniversary date.
10.2. Termination by us: we may terminate this Agreement, in case of breach of your obligations, particularly of the obligations provided for in Sections 4, 5 and 6 of these Terms and Conditions.
Upon termination, you shall stop using the Platform. The provisions deemed to survive to the termination or cancellation of the Agreement, by their nature or specifically (especially Sections 7, 8, 9, 10, 11 and 12), shall continue to apply for the duration applicable to them. We may also delete accounts which remained inactive for more than 1 year.
SECTION 11. MISCELLANEOUS
11.1 Entire Agreement. These Terms and Conditions constitute the entire understanding between the parties relating to the relationship outlined in it and supersedes all prior writings, negotiations or understandings with respect thereto.
11.2 Force Majeure. A party hereto shall not be liable for any reasonable delay in performing its obligations hereunder (except for the obligation to pay amounts due), if such delay is due to any cause beyond the reasonable control of that party, including but not limited to act of God, war or insurrection, civil commotion; destruction of essential facilities; labor disturbance; or other similar event; provided, however, that the party so affected will give prompt notice of such event, and shall use its best efforts to avoid, remove, or alleviate such causes.
11.3 Severability. If any provision contained in this agreement is held to be invalid, unenforceable or illegal to any extent, this agreement and all its other clauses shall continue with full force and effect.
11.4 Waiver. Failure or delay on the part of either party to exercise or enforce any right or remedy under this Agreement, or under any other agreement relating thereto, shall not operate as a waiver, nor shall any single or partial exercise of any right or remedy preclude any other future exercise or enforcement by such party of any other right or remedy under these General Terms and Conditions.
11.5 Governing Law. These General Terms and Conditions shall be governed by and interpreted in accordance with French law. In the event of a dispute, controversy or claim (hereinafter referred to as “Dispute”), arising out or in connection with this Agreement, including any question regarding its existence, validity, execution and/or termination, either Party may serve a notification by registered letter with acknowledgement of receipt thereof and the Parties shall make every effort to resolve the Dispute amicably within a period of 2 weeks from that written notification. If the Parties fail to resolve the Dispute, within the foresaid period of 2 weeks from the notification, then such Dispute shall be exclusively and finally determined and settled by the competent Court (civil or commercial) in Marseille.
This two-week conciliation period shall not apply for urgent proceedings.
SECTION 12. LEGAL NOTICES
12.1 Publisher. The Platform is published by PRIME TARGET, a simplified joint-stock company with a capital of 10,000 euros, registered under number 840 833 015, RCS Marseille, having its registered office at 8, Allée Léon Gambetta, Place de l’Innovation, CS 20549, 13205 Marseille.
Individual VAT identification number: FR 54 840 838 015
12.2 Platform and website Host
The Platform is hosted by Amazon Web Services. The head office is located 410 Terry Avenue North Seattle, WA 98109-5210 USA.
The website is hosted by OVH SAS, a company located at 2 rue Kellermann BP 157 59053 Roubaix cedex 1, France – tel.: +33(0)8 203 203 63
We are committed to protecting your privacy.
- Which data is processed and why?
Provision of Services require the provision by users of some personal data: name, and email address.
Information about your company is not deemed as personal data but as confidential information and treated as such in accordance with the section 9.
If you don’t want to provide the required information, you shall not be able to access the Platform and request for Services.
Purposes and legal basis: personal data collected and processed by us allows us to perform the Services, give access to the Platform and contact you or if needed.
We also collect and use your personal information for the following purposes:
– To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.
– To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
– To improve our Platform: We may use feedback you provide to improve our products and services.
– To process payments (excepted payment data which is collected and processed by our payment provider): We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
– To run a promotion, contest, survey or other Platform feature: To send Users information they agreed to receive about topics we think will be of interest to them.
Data may also be used to create a file of contacts, prospects and clients and send to user e-mails of information relating to us, our activities or products or services, for our legitimate interests resulting from the exercise of its commercial activity and prospection.
Processing is necessary for the performance of these Terms and Conditions, for compliance with legal obligations we are subject and for the purposes of our legitimate interests for improving our Services and for the management of our marketing activities.
- How data is processed?
Recipients and subcontractors: in compliance with the purposes outlined above, your personal data may be transferred to our staff and suppliers acting as subcontractors (such as our host, CRM provider, etc.), including some providers based or transferring data outside the European Union. We take all measures to require from our suppliers to comply with the applicable regulations and, where appropriate, that the transfers are based on an adequate level of protection or sufficient safeguards. If required, your data may be transferred to public authorities, and to some of our providers (counsels, accountant), acting as third-party recipients.
Retention and archiving: personal data are kept for a period of 3 years to allow us to contact you and archived for the duration of the prescription, duration necessary for the establishment, exercise or defense of legal claims (generally, 5 years).
Such periods are applicable from the date of closure of the account or, if later, the last contact from you.
We make our best efforts to keep this personal data under appropriate security conditions in accordance with the applicable provisions, according to the current means of the art.
- Rights on personal data processed
Anyone who has provided personal data to us has the following rights:
- A right of access and rectification of data;
- A right to the erasure of data (« right to be forgotten »), a right to the limitation of processing and a right to object to processing in the cases provided by the regulation in force;
- In particular, anyone has the right to refuse to receive our e-mails of information at any time. The subscribed user will be able to unsubscribe by clicking on the link provided for this purpose in each email.
- The right to define guidelines regarding the processing of his/her personal data after his/her death;
- A right to portability as provided in regulation in force;
- The right to lodge a complaint with a supervisory authority (CNIL in France).
These rights may be exercised with us by mail or email. These rights must be exercised under the conditions provided for by the regulations in force. In particular, we may require a proof of identity to prevent any unauthorized access to personal data.
A cookie is a file deposit r read in the User’s terminal or link to the User.
The following cookies are used: analytics tool ‘Google Analytics’ is used on this website and our platform in order to obtain information about the navigation of visitors.
The User may oppose or uninstall cookies in its browser settings.
The removal of cookies present on the browser does not affect the navigation on the Platform.
For more information, you can address any question to PRIME TARGET.