We are ODAPTOS, a simplified joint-stock company, listed on the Montpellier Trade and Companies Register under number 887589554, having its registered office at 24 route des Lattes, 34470 Pérols.
You can contact us at the following email address: support@odaptos.com
Through our Odaptos platform and the possible widgets that we make available to you (the "Platform"), we offer a solution to improve the process of researching the usability of a tool, service or system (the "Project").
For each of your Projects, you are allowed to test the experience of a panel of users (the "Users") through paid and interviews using videoconference (the "Interviews") during which buying behavior and emotions are detected and analyzed, in particular through the use of artificial intelligence.
(Together the "Services").
| What are our General Terms and Conditions used for? | Our general terms and conditions (the "General Terms and Conditions") constitute the sole document governing our contractual relationship and define : - the terms of use of our Services; - our obligations and yours. |
| Where can you find our General Terms and Conditions? | You can find them by following a direct link at the bottom of the Platform's page https://odaptos.com/legal/ |
| How can you agree to our General Terms and Conditions? | You agree to the General Terms and Conditions by ticking a box on the registration form. If you do not agree to all of our General Terms and Conditions, you cannot access the Services. They may be supplemented by special terms and conditions, which, in the event of a contradiction, shall prevail over the General Terms and Conditions. |
As an exception to the above, we reserve the right to offer you a quote (the "Quote") which will be based on your needs and which you must accept in writing (including via email) within thirty days of it being issued.
This acceptance constitutes acceptance of the General Terms and Conditions in the version in force on the date of the Quote.
In the event of any contradiction (i) the Quote shall prevail over the General Terms and Conditions and (ii) the most recent Quote shall prevail over any previous one(s).
(i) - You are a legal entity acting through a natural person who has the authority or power to contract in your name and on your behalf.
(ii) - You are a professional, which is to be understood as any natural person or legal entity acting for purposes relating to its/their commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional.
You must:
fill in the form provided for this purpose on the Platform;
or be registered on one of the third-party sites indicated on the Platform, using your login details of the selected third-party site. You expressly authorize us to access your account data on the relevant third-party site.
You must provide us with all the information marked as mandatory. When subscribing to the Services, it is your responsibility in particular to select the number of Interviews desired and their maximum duration (the "Balance").
On registering, an account will automatically be opened on your behalf (the "Account") which will enable you to access our Services using your username and password.
To access our Services and once your Account has been created on the Platform, you are invited to provide the following information for each of your Projects:
Once these elements have been completed, a panel of Users will be generated by our Platform in order to invite them to a Paid Interview, under the terms and conditions specified on the Platform.
Before subscribing, you must confirm:
The Services you have subscribed to are described on the website https://www.odaptos.com/fr/ and/or on the Quote.
We enable you in particular to be able to invite Users to Interviews through a widget integrated directly on your website via a QR Code that is given to you, on the day of payment in full of the price indicated in the article "How much are our Services?".
Any request to change the Services you have subscribed to must be made in the form of an additional Quote.
- Hosting:
Pursuant to a duty of care, we host the Platform, on its servers or through a professional hosting provider, and on servers located in a territory of the European Union.
- Technical Support :
If you encounter any difficulties when using our Services, you can contact us using the contact details referred to in the article "About Us".
You can subscribe to the Services:
(i) until such a time that the Balance is spent;
(ii) in the form of a subscription (the "Subscription") and/or
(iii) for the duration stated in the Quote.
In the event that you choose a Subscription, it shall start on the date of its registration on the Platform for an initial period of one year or an initial period of three months (the "Initial Period").
The Initial Period is tacitly renewable for successive periods (with the initial period, the "Periods"):
The Subscription allows you to use the Balance over the Period, it being specified that the Balance accumulates between the successive Periods.
Prices for Services you have subscribed to are indicated on the Platform when you subscribe to the Services or on the Quote.
We are able to make promotional offers and offer price reductions.
Our prices may be revised at any time under the conditions of the article "How can we modify our General Terms and Conditions?".
In any case, it is specified that any Subscription period started is due in full.
All payments you make through the Platform are managed by the Payment Service Provider indicated on the Platform (the "Payment Service Provider").
You will enter into a contract directly with the Payment Service Provider for the implementation of these payments, by accepting its terms and conditions, via a box to tick on the Platform.
If the Payment Service Provider refuses or terminates your subscription, you will no longer be able to use the Services.
Conversely, ending our contractual relationship will result in the termination of your contract with the Payment Service Provider.
In the event of any contradictions between the General Terms and Conditions of the Service Provider and the General Terms and Conditions, the latter shall prevail.
You expressly authorize us to transmit all your instructions relating to payments made on the Platform to the Payment Service Provider.
Unless otherwise stated on a Quote, we shall send you an invoice, depending on the option you have selected:
Payment is implemented through the Payment Service Provider indicated on the Platform.
You guarantee that you have the necessary authorizations to use this method of payment.
In the event of a late payment or a non-payment, we reserve the right, from the day following the due date indicated on the invoice, to:
You are entitled to a cooling-off period if you are a professional with 5 or fewer employees, (ii) are purchasing a good or service that does not fall within your main field of activity (i.e. does not directly or indirectly affect the Services) and (iii) the contract is concluded "off-premises", namely:
This cooling-off period ends 14 calendar days from the time the General Terms and Conditions are accepted or a Quote is signed. You can exercise this right free of charge by sending us, before the end of the period, using the contact details referred to in the article "About Us":
If you exercise your right for a cooling-off period, we will reimburse you for all payments received, using the same means of payment you used (unless you expressly agree otherwise), without undue delay and not later than 14 calendar days from the date on which we were informed of your desire for a cooling-off period.
If you request that the Services start before the end of the cooling-off period, by ticking the box to this effect on the form, you are only liable for the price of the Services calculated in proportion to the Balance or Period consumed until the day on which we have been informed of your wish for a cooling-off period.
The Platform is our property, as are the software, infrastructure, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.) that we operate. They are protected by all intellectual property rights or rights of the database producers in force. The license we grant you does not entail any transfer of ownership.
You benefit from a non-exclusive, personal and non-transferable SaaS license to use the Platform for the period provided for in the article "What is the subscription period for our Services? ".
We may use our respective names, trademarks and logos and refer to our respective platforms as commercial references for the duration of our contractual relationship and for 3 years thereafter.
You undertake to provide us with all information necessary for the subscription and use of the Services.
You:
You must contact us without undue delay, using the contact details referred to in the article "About Us " if you discover that your Account has been used without your knowledge. You acknowledge that we will have the right to take all appropriate actions in such a case.
You are responsible for your use of the Services and any information you share in connection with them.
You expressly acknowledge that you are fully responsible for supervising and maintaining the confidentiality of information concerning the Project and more generally your activity that you may communicate to Users in connection with the Interviews.
You agree not to divert the Services for purposes other than those for which they were designed, and in particular, not to:
You also agree not to:
You will hold us harmless from any claim and/or action that may be brought against us as a result of a breach of any of your obligations. You will compensate us for any harm suffered and reimburse us for any sums we may have to bear as a result.
We undertake to provide the Services diligently, it being specified that we are bound by a duty of care.
We will make our best efforts to provide you with quality Services. To that end, we regularly carry out checks to verify that our Services are operational and accessible.
However, we are not responsible for any temporary difficulties or impossibilities in accessing our Services that may arise from:
We are responsible for the operation of our servers, the outer limits of which are the connection points.
Furthermore, we do not guarantee that the Services:
We will make our best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in cases of force majeure.
We will make our best efforts to save any data produced and/or entered via/on the Platform.
Except in the case of proven errors on our part, we are not responsible for any loss of data during maintenance operations.
We will provide you with sufficient storage capacity to operate the Services.
We will make our best efforts to ensure data security by implementing measures to protect infrastructure and the Platform, detect and prevent malicious acts and recover data.
We may publish and/or send you any advertising or promotional messages, in particular by referring you to third-party platforms.
However, we are not responsible for:
We may use subcontractors in connection with the performance of the Services, who are subject to the same obligations as ours in connection with their intervention. We shall nevertheless remain solely responsible for the proper performance of the Services to you.
We may substitute any person who will be subrogated in all of our rights and obligations under our contractual relationship. We will inform you of this substitution by any written means.
Our liability is limited only to proven direct damage you suffer as a result of using our Services.
With the exception of personal injury, death and gross negligence, and subject to having issued a complaint by registered letter with acknowledgment of receipt, within one month of the occurrence of the damage, our liability cannot be incurred for an amount greater than the amounts we have received in the context of the provision of our Services.
Proof may be provided by any means.
You are hereby informed that messages exchanged via our Platform as well as the data collected on the Platform and our IT equipment are the main methods of proof accepted, in particular to demonstrate the reality of the Services performed and the calculation of their price.
We undertake to comply with the regulations applicable to personal data and in particular Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 (the General Data Protection Regulation or "GDPR") and the French Data Protection Act of January 6, 1978 in its latest version in force (together the "Applicable Regulations").
Any personal data concerning you is collected and/or processed by us in the capacity of data controller within the meaning of the Applicable Regulations.
This data is kept for the period strictly necessary for the management of our contractual relations. Our staff, audit services (including statutory auditors) and subcontractors may have access to the personal data collected.
This processing is necessary for the proper performance of these General Terms and Conditions. It may give rise to exercise by the data subjects of their right (i) to obtain the communication and, where applicable, to rectify or delete their personal data, (ii) to request deletion of the data or for its processing to be limited, (iii) to oppose processing for legitimate reasons, (iv) to request the portability of their personal data, in order to recover and retain it, and (v) to lodge a complaint with a competent supervisory authority.
The purpose of this clause is to define the conditions under which we undertake, on your behalf, to process the personal data described below.
We undertake mutually, each for those areas which concern us, to comply with the regulations applicable to personal data and, in particular, the General Data Protection Regulation, Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016) and the French Data Protection Act of January 6, 1978 in its latest version in force (hereinafter referred to together as the “Applicable Regulations”).
As part of the Services, we are required to process personal data in the capacity of a subcontractor, as defined in the Applicable Regulations, in your name and on your behalf. You act in the capacity of data controller, as defined in the Applicable Regulations. The processing characteristics are defined in Appendix 1 of these General Terms and Conditions.
- Data processing: We undertake only to process the personal data for the purposes listed in Appendix 1 and as per your documented instructions, including with regard to the transfer of the data outside the European Union. We undertake to inform you if, in our opinion, an instruction is in breach of the Applicable Regulations. In addition, if we are required to transfer Personal Data to a third country or international organization, by virtue of the law applicable to these General Terms and Conditions, we will inform you of this legal obligation before any processing, unless the relevant legal system prohibits such disclosure on the grounds of public interest. We will never resell the personal data we process on your behalf.
- Data security and confidentiality: We undertake to implement the appropriate technical and organizational measures to ensure the security and integrity of the personal data, its backup and restoration of its availability in the event of a physical or technical incident. We shall also ensure that the persons authorized to process the personal data are under obligation to keep the data confidential.
- Other subcontractors: We are authorized to use the subcontractors (hereinafter the “Subsequent Subcontractor") listed in Appendix 1 to the General Terms and Conditions to carry out specific processing activities. In the event of a change in the list of Authorized Subsequent Subcontractors, we will inform you in writing in advance. This information must clearly indicate the processing activities subcontracted, the identity and the contact details of the Subsequent Subcontractor. You shall have a maximum of 15 (fifteen) days from the date of receipt of such information in which to put forward any reasoned and valid objection. If no objection is received after this period, you will be deemed to have accepted the use of the Subsequent Subcontractor.
The Subsequent Subcontractor is required to comply with the obligations of these General Terms and Conditions on behalf of and as per your instructions. It is our role to ensure that any Subsequent Subcontractor provides the same adequate guarantees regarding the implementation of appropriate technical and organizational measures such that the processing will meet the requirements of the Applicable Regulations. If the Subsequent Subcontractor fails to fulfill its personal data protection obligations, we shall remain accountable to you for the performance by the Subsequent Subcontractors of its obligations.
- Transfer of personal data outside the European Union We are authorized, under these General Terms and Conditions, to transfer personal data to countries outside the European Union, provided that appropriate safeguards are established, as defined in Chapter V of the aforementioned regulation.
- Assistance and Provision of information: We undertake to assist you and respond as soon as possible to any request for information sent to us by you, whether in the context of a request for the exercise of their rights by the data subjects, an impact assessment or a request submitted by the data protection authorities or by your data protection officer.
- Notification of personal data breaches We undertake to notify you of any personal data breaches concerning the processing operations covered by these General Conditions and to provide you with any relevant information and documentation to enable you, if necessary, to notify the competent supervisory authority of this breach, as soon as possible after becoming aware of it.
- What happens to the data We undertake, at our discretion, to delete the personal data when your use of the Services comes to an end or to return it to you and not to keep a copy of it, unless required by the Applicable Regulations.
- Documentation We will make available to you, at your request, any and all information and documents necessary to demonstrate compliance with our obligations and to enable audits to be performed. You therefore have the option of having audits carried out once a year, at your expense, to verify that we are compliant with the obligations provided for in this article on personal data. You will need to inform us that the audit is being performed with a minimum of two (2) weeks' notice. We reserve the right to reject the auditor selected if it is a competitor company. The audit must be carried out during our office hours and in a manner that minimizes disturbance to our activity. The audit may not in any way affect (i) the technical and organizational security measures we have deployed (ii) the security and confidentiality of our other clients' data, (iii) the smooth running and organization of our production. As much as possible, we will agree on the scope of the audit in advance. The audit report must be sent to us so that we are able to make any comments or remarks in writing, which will be appended to the final version of the audit report. Every audit report will be treated as confidential information.
- Us reusing the data You hereby authorize us to process the personal data collected in connection with the Services (including connection and identification data) for the purpose of improving our Services, including to compile statistics on how the Platform is used by Users, and to train our algorithm. We act in this context as a data controller, as defined in the Applicable Regulations, and we undertake, as such, to comply with the legal provisions on data protection in the context of the aforementioned processing operations.
You undertake to:
(a) provide us with the personal data referred to in Appendix 1, to the exclusion of any irrelevant, disproportionate or unnecessary personal data, and to the exclusion of any “specific” data as defined in the Applicable Regulations, unless the processing justifies it, it is up to you to establish these justifications and to take all appropriate measures, including informing us in advance, obtaining consent for and ensuring the security of such specific data;
(b) collect, under your responsibility, in a lawful, fair and transparent manner, the personal data you provide to us, for the performance of the Services, and in particular, provide you with the legal basis for this collection and the information to be supplied to the data subjects;
(c) keep a record of processing operations and, more generally, comply with the principles set out in the Applicable Regulations;
(d) ensure, in advance and throughout the duration of the processing, that the obligations provided for in the Applicable Regulations are complied with.
We cannot be held liable for failures or delays in the performance of our respective contractual obligations which are due to a force majeure event occurring during our relationship.
Force majeure shall include:
If either of us is prevented from performing our obligations due to a force majeure event, we must inform the other party by registered letter with acknowledgment of receipt. The obligations are suspended upon receipt of the letter and must be resumed within a reasonable period of time upon cessation of the force majeure event.
Nevertheless, we remain bound to perform those of our respective obligations which are unaffected by a force majeure event and any payment obligations.
You may unsubscribe from our Services at any time through your Account.
At the end of the Initial Period and each Period, the Subscription is tacitly renewed, unless terminated, by registered letter with acknowledgment of receipt, at the latest:
Without prejudice to your right of withdrawal, which can be exercised in accordance with the Article "Do you have a right of withdrawal? ", any unused Balance by the time you unsubscribe from the Services will not be refunded.
The termination is effective within thirty days from the request.
Payment of the price of the Services, as well as the obligations provided for in the Article "What are your obligations and what are you responsible for? " constitutes essential prerequisites.
In the event that these obligations are breached, we may:
These penalties shall be without prejudice to any damages we may claim from you.
We may amend our General Terms and Conditions at any time and will notify you in writing (including by email).
If you have subscribed to a Subscription, the amended General Terms and Conditions shall be applicable at the time the Period is renewed. It is your responsibility to terminate your Subscription under the conditions of the Article "How do I end the Services? ".
If you use our Services after our amended General Terms and Conditions come into force, we will deem you to have accepted them.
The French language prevails in the event of a contradiction or dispute over the meaning of a term or provision.
The General Terms and Conditions are governed by French law.
In the event of any dispute between us, and in the absence of an amicable agreement within 2 months of the first notification, it shall be subject to the exclusive jurisdiction of the courts of Paris (France), unless otherwise stipulated.
| Purpose of the processing of personal data | Service provision |
|---|---|
| Nature of processing operations | Collection, recording, organization, structuring, retention, adaptation, modification, retrieval, consultation, use, communication by transmission, dissemination, making available, reconciliation, interconnection, limitation, deletion, destruction. |
| Type of personal data processed | Identification data (surnames, first names, email addresses); Account login data; Voice recording data |
| Categories of data subjects | Collaborators and/or employees |
| Duration of the processing | Retention for the entire duration of the account; The Data Controller has the possibility to provide shorter retention periods, in particular for voice recording data. |
| Purpose of the processing of personal data | Fourniture des Services |
|---|---|
| Nature of processing operations | Collection, recording, organization, structuring, retention, adaptation, modification, retrieval, consultation, use, communication by transmission, dissemination, making available, reconciliation, interconnection, limitation, deletion, destruction. |
| Type of personal data processed | Identification data (surnames, first names, email addresses); Data relating to voice recording and the detection of facial expressions and emotions; Image data |
| Categories of data subjects | Users |
| Duration of the processing | Duration of the test; The Data Controller has the possibility to provide shorter retention periods. |
| Authorized Subsequent Subcontractors | Processing activities outsourced | Location of the processing | Appropriate safeguards put in place in the event of data transfer outside the EU |
|---|---|---|---|
| Amazon | Data hosting/audio and video data processing | Ireland | N/A |
| Microsoft | Text data processing | UK South | N/A |
| Text data processing | Europe | N/A | |
| Twilio | Video processing | US | Standard contractual clauses |
| Azure Open AI | Preparation and processing of Interviews (in brief) | Europe | N/A |