Terms and conditions of use

 

1. Purpose

 

The purpose of the present terms and conditions is to define the terms and conditions of use of the services offered on the Datakeen.co
(hereinafter: the "Services"), and to define the rights and obligations of the parties in this context.

They can be accessed and printed at any time via a direct link at the bottom of the site's home page.

They may be supplemented, where applicable, by conditions of use specific to certain Services. In the event of contradiction, the special
take precedence over these general conditions.

2. Service operator

 

The Services are operated by Datakeen, a SAS with share capital of 2,000
euros, registered in the Nanterre Trade and Companies Register under number B 825 303 910, whose registered office is located at 176, Avenue Charles de Gaulle 92200 Neuilly-sur-Seine (hereinafter referred to as "Datakeen").

Datakeen can be contacted at the following address:

Postal address: 176, Avenue Charles de Gaulle 92200 Neuilly-sur-Seine

E-mail address: contact@datakeen.co

3. Access to the Site and Services

 

The Services are accessible, subject to the restrictions set out on the site:

• any natural person with full legal capacity to enter into commitments under these terms and conditions. Individuals
  who does not have full legal capacity may only access the Site and Services with the consent of their legal representative;

• any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.
  behalf of the legal entity.

 

4. Acceptance of terms and conditions

 

Acceptance of these terms and conditions is evidenced by a checkbox on the registration form. This acceptance can only be
full and complete. Any conditional acceptance is considered null and void. Any User who does not agree to be bound by the present general
terms and conditions must not use the Services.

5. Website registration

 

To use the Services, the User must register on the site, by filling in the form provided. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically leads to the opening of an account in the User's name (hereinafter referred to as the "Account"), giving him/her access to a personal area (hereinafter referred to as the "Personal Area") which enables him/her to manage his/her use of the Services in a form and according to the technical means that Datakeen deems most appropriate for rendering said Services.

The User warrants that all information provided in the registration form is accurate, up-to-date and truthful and is not misleading.
misleading.

He/she undertakes to update this information in his/her Personal Area in the event of any changes, so that it always corresponds to the aforementioned criteria.

The User is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account shall constitute proof of his/her identity. The
information entered by the User is binding upon validation.

The User may access his or her Personal Space at any time by entering his or her login and password.
password.

The User undertakes to use the Services personally and not to allow any third party to use them in his/her place or on his/her behalf, unless he/she
bear full responsibility.

He/she is likewise responsible for maintaining the confidentiality of his/her login and password. He/she must immediately contact Datakeen at the address mentioned in article 2 of these terms and conditions if he/she notices that his/her Account has been used without his/her knowledge. He acknowledges Datakeen 's right to take all appropriate measures in such a case.

6. Description of Services

 

The User has access to the Services described on the Site, in a form and according to the functionalities and technical means that Datakeen deems most appropriate.

7. Free services

 

The Services are provided free of charge.

8. Data

 

The User expressly acknowledges and accepts:

1. that the data collected on the site and on Datakeen 's computer equipment are proof of the reality of the transactions
   within the framework of the present contract;

2. that such data shall constitute the sole means of proof accepted between the parties, in particular for the calculation of sums due to Datakeen.

The User can access this data in his Personal Area.

9. Obligations of the User

 

Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations:

1. In using the Services, the User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties
   or public order.

In particular, he/she is solely responsible for the proper completion of all administrative, tax and/or social formalities, and for all payments of contributions, taxes or duties of any kind that may be required in connection with his/her use of the Services.
payments of contributions, taxes or duties of any kind that may be required in connection with his or her use of the Services. The
Datakeen shall in no event be held liable in this respect.

1. 2. The User acknowledges that he/she has familiarized himself/herself on the site with the characteristics and constraints, particularly technical, of all the Services.
      Services. The User is solely responsible for his/her use of the Services.

1. 3. The User is hereby informed and accepts that in order to use the Services, he/she must be connected to the Internet and that the quality of the Services is directly dependent on this connection, for which he/she is solely responsible.
      depends directly on this connection, for which the User is solely responsible.

1. 4. The User is also solely responsible for the relationships he/she may establish with other Users and for the information he/she communicates to them as part of the Services.
      communicate to them in the context of the Services. It is the User's responsibility to exercise due care and discernment in such relationships and
      communications. The User further undertakes to respect the usual rules of politeness and courtesy in his dealings with other Users.

1. 5. The User undertakes to make strictly personal use of the Services. Consequently, he/she may not assign, concede or transfer all or part of his/her rights or obligations hereunder to a third party, in any manner whatsoever.

1. 6. The User undertakes to provide Datakeen with all information necessary for the proper performance of the Services. More
      more generally, the User undertakes to cooperate actively with Datakeen for the proper execution of the present.

1. 7. The User is solely responsible for content of any kind (editorial, graphic, audiovisual or other, including any name and/or image chosen by the User to identify him or herself on the site) that he or she publishes as part of the Services.
      name and/or image chosen by the User to identify him/her on the site) that he/she disseminates within the framework of the Services
      (hereinafter referred to as "Content").

It guarantees Datakeen that it has all the rights and authorizations necessary for the distribution of this Content.

The User undertakes to ensure that such Content is lawful, does not infringe public order, public morality or the rights of third parties, does not violate any legislative or regulatory provision and, in general, is in no way liable to incur the civil or criminal liability of Datakeen.
infringe any legislative or regulatory provision and, more generally, are in no way likely to give rise to civil or criminal liability on the part of Datakeen.

The User thus refrains from distributing, in particular and without this list being exhaustive :

• Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist,
  xenophobic or revisionist,

• infringing Content,

• Content that is detrimental to the image of a third party,

• Content that is misleading or deceptive or that proposes or promotes illegal, fraudulent or deceptive activities,

• Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),

• and, more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner or form whatsoever.
  in any form whatsoever.

1. 8. The User acknowledges that the Services offer an additional, but not alternative, means of achieving the same
      to achieve the same objective and that this solution is not a substitute for these other means.

1. 9. The User must take the necessary steps to save by his own means the information in his Personal Space that he deems necessary, no copy of which will be supplied to him.

1. 1. The User is hereby informed and accepts that in order to use the Services, he/she must be connected to the Internet and that the quality of the Services is directly dependent on this connection, for which he/she is solely responsible.
      depends directly on this connection, for which the User is solely responsible.

 

10. User warranty

 

The User indemnifies Datakeen against any and all complaints, claims, actions and/or demands that Datakeen may suffer as a result of the User's breach of any of its obligations or warranties under these general terms and conditions.

It undertakes to compensate Datakeen for any loss it may suffer and to pay all costs, charges and/or fines it may incur as a result.

11. Prohibited behaviour

 

1. It is strictly forbidden to use the Services for the following purposes:
2. carrying out illegal or fraudulent activities, or activities that infringe on the rights or safety of third parties,
3. undermining public order or violating applicable laws and regulations,
4. intrusion into a third party's computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's
   computer system of a third party, or violate its integrity or security,
5. sending unsolicited emails and/or commercial prospecting or solicitation,
6. manipulations intended to improve the referencing of a third-party site,
7. aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above,
8. and more generally any practice that misuses the Services for purposes other than those for which they were designed.
9. Users are strictly forbidden to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the Datakeen site.
   or any other element of the Datakeen site .
10. The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services
    Services, (ii) any intrusion or attempted intrusion into Datakeen's systems, (iii) any detour of the site's system resources
    system resources, (iv) any action that imposes a disproportionate load on the site's infrastructure, (v) any breach of security measures and the
    any breach of security and authentication measures, (vi) any action likely to prejudice the rights and financial, commercial or moral interests of Datakeen,
    or moral rights and interests of Datakeen or the users of its site, and more generally (vii) any breach of the present general
    terms and conditions.
11. It is strictly forbidden to monetize, sell or grant all or part of access to the Services or the site, or to the information hosted and/or shared therein.
    hosted and/or shared therein.

 

12. Penalties for non-compliance

 

In the event of a breach of any of the provisions of these general terms and conditions or, more generally, an infringement of the laws and regulations in force by a User, Datakeen reserves the right to take any appropriate measure and, in particular, to :

1. suspend or terminate access to the Services of the User who has committed or participated in the breach or infringement,

2. delete any content posted on the site,

3. publish on the site any information message that Datakeen deems useful,

4. notify any relevant authorities,

5. take any legal action.

 

13. Datakeen's liability and warranty

 

1. Datakeen undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge.
   to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
2. Datakeen has no knowledge of the Content put online by Users as part of the Services, on which it does not carry out any moderation, selection, verification or control of any kind, and in respect of which it acts solely as a hosting service provider.

Consequently, Datakeen cannot be held responsible for Content whose authors are third parties.
should be directed in the first instance to the author of the Content in question.

Content harmful to a third party may be notified to Datakeen in accordance with the terms of article 6 I 5
of law no. 2004-575 of June 21, 2004 for confidence in the digital economy, Datakeen reserving the right to take the measures described in
article 12.

1. 3. Datakeen declines all responsibility in the event of any loss of information accessible in the User's Personal Space, as the User must save a copy and cannot claim any compensation in this respect.

1. 4. Datakeen undertakes to carry out regular checks to verify the operation and accessibility of the site. Datakeen therefore reserves the right to temporarily interrupt access to the site for maintenance purposes. Likewise, Datakeen cannot be held responsible for temporary difficulties or impossibilities in accessing the site due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks.
      telecommunication networks.

1. 5. Datakeen does not guarantee Users (i) that the Services, which are subject to constant research in order to improve performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.

1. 6. In any event, the liability that Datakeen may incur hereunder is expressly limited to direct damages
      limited to proven direct damage suffered by the User.

 

14. Intellectual property

 

The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by Datakeen within the site are protected by all intellectual property rights or database producers' rights in force. All disassembly, decompilation, decryption, extraction, reuse, copying 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 Datakeen are strictly prohibited and may be subject to legal proceedings.

15. Personal data

 

Datakeen has a policy of protecting personal data, the characteristics of which are set out in the document entitled " Privacy Policy " . Privacy policywhich the User is expressly invited to read on the site.

16. Advertising

 

Datakeen reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Datakeen shall be the sole judge.

17. Links and third-party sites

 

Datakeen shall in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the User may have access via the site.

Datakeen accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

Datakeen is also not responsible for transactions between the User and any advertiser, professional or merchant (including any of its partners) to whom the User may be directed via the Site, and shall in no event be a party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations and any other obligations whatsoever to which such third parties are bound.
to which these third parties are bound.

18. Google My Business listings

 

As part of its "My Customer Reviews" solution, Datakeen establishes a connection between the platform and the Google My Business pages of its customers' points of sale.

Datakeen accepts no responsibility for the content of reviews posted by consumers on Google My Business listings connected to its My Customer Reviews platform.

Users of the "My Customer Reviews" solution each have a role:

• Point of Sale Operator: the User proposes a response to a notice concerning his Point of Sale.
• Moderator: the User responds to, moderates or reports reviews on Google
• Sector manager, regional manager or channel manager: the User can consult notices and track statistics for his sector, region or channel.

The "Point of Sale Operator" User is informed and accepts that notices not replied to after 5 working days may be passed on to a "Moderator" User for reply.

The User authorizes TEMF's Consumer Service to respond to unanswered notices after 5 business days.

19. Duration of Services, Unsubscription

 

The Services are subscribed to for an indefinite period.

The User may unsubscribe from the Services at any time, by sending a request to this effect to Datakeen by e-mail, using the contact details mentioned in article 2.

Unsubscription is effective immediately. It leads to the automatic deletion of the User's Account.

20. Modifications

 

Datakeen reserves the right to modify these terms and conditions at any time.

The User will be informed of these modifications by any useful means.

Users who do not accept the modified general terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in article 18.

Any User who uses the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.
modifications.

21. Language

 

In the event of a translation of these terms and conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute as to the meaning of a term or provision.

22. Applicable law and jurisdiction

 

These terms and conditions are governed by French law.

In the event of any dispute concerning the validity, interpretation and/or performance of these terms and conditions, the parties agree that the courts of
Paris will have exclusive jurisdiction, except in the case of mandatory procedural rules to the contrary.

23. Entry into force

 

These general terms and conditions came into force on October 5, 2016. They were last updated on January 20, 2025.