Terms and Conditions

Effective 2018/05/22

Before subscribing and using the service https://www.myposeo.com, please read the Terms and Conditions contracted by you and the G4interactive Company.

Article 1: Definitions

In the general Terms and Conditions, the words beginning with a capital letter mean the following:
 
« Web User » : A visitor on the website www.myposeo.com,
 
« Subscription » : Subscription to the service www.myposeo.com,
 
« Subscriber » and « Subscribers » : Clients having access and a license to use the service,
 
« Service » : The service of www.myposeo.com,
 
« G4interactive » : The G4interactive Company, owner and publisher of the service www.myposeo.com.
 
« Premium » : Myposeo package reachable after bill payment

Article 2: Generals Statements

The G4interactive Company is a simplified joint stock company with a capital of 15 152€, registered to the RCS of Bobigny under number B 521 362 822. The headquarters are located at 2, rue Paul Vaillant-Couturier, 92300 Levallois-Perret. Intra-Community VAT number: FR47521362822.

The Subscriber can contact G4interactive by post at the following address: G4interactive, 2 rue Paul Vaillant-couturier, 92300 Levallois-Perret. By mail to: contact@myposeo.com.

Mr. Alexandre Sigoigne is the Publishing Director.

Article 3: Objectives

These Terms and Conditions aim at defining the conditions for the provision of Services to Subscribers.

A Web User is considered as Subscriber when he subscribes to one Service’s plan.

Every use of the Service implies the acceptance and the respect of all terms outlined in the present general Terms and Conditions.

If the Subscriber does not wish to accept all or part of the Terms and Conditions, he will not be allowed to use the Service.

Article 4: Services

The Service is an online SEM (Search Engine Marketing) rank tracking tool for professionals and individual customers.

It is accessible from the URL https://www.myposeo.com and is published by the G4 interactive LLC Company.

Each Subscriber owns an account access to the Service, secured with personal parameters (e-mail and password).

The Service works on subscription basis of 3, 6, or 12 months payable in advance by the Subscriber.

G4interactive does not guarantee anything regarding the precision, the update or the appropriate nature of the content of a service or information from one or more search engines.

Article 5: Pre-registration

To use the Service, the User has to subscribe to it online to access it.

When a Service’s plan is accepted for free or for a specific free, the user becomes the ‘Subscriber’. When checking this box ‘When checking this box I accept the general Terms of Service’, the Subscriber is assumed to have read, understood and accepted the present Terms and Conditions, to have given information that is true, correct, updated and complete.

He is assumed to be over 18 in the eyes of French Law, be legally capable to use the Service and to accept the present Terms and Conditions unreservedly..

When a Subscriber registers and during the whole period of execution of the present terms, he is required to provide exact information such as his identity and postal details..

Fake information is forbidden under the law and may constitute a ground for liability on the part of the author. If the Subscriber provides incorrect, out-of-date or incomplete information, G4interactive reserves the right to suspend or terminate the Contract and his account and to prevent him from accessing all or part of the Service in the future on terms stipulated in Article 6 of the present terms.

To get the Service, the Subscriber will first have to register filling the registration form accessible online on the website (hereinafter ‘The Form’ or ‘Registration form’).

G4interactive is not held responsible to users and third parties for the mistakes, omissions and inaccuracies that may be present in the information provided by the Subscriber.

The services rendered by G4interactive to the Subscriber are exclusively rendered via electronic and digital means.

To get G4interactive’s services, the Subscriber must have necessary access to the Internet and a valid email address.

The Subscriber must therefore take all measures to consult the information addressed by G4interactive and also to pay for the subscription necessary upon reception of the information and to keep all its equipment in good condition.

It is particularly recommended that the Subscriber regularly check his mailbox: information about the site and services will be sent to him on the email address provided on registration.

Article 6: Trial Period

Each User may subscribe to a free trial.

G4interactive offers you a free trial version of the Service accessible for 15 days. You will not be asked for any payment information when subscribing to the ‘FREE’ trial plan.

After the 15 day period, the Subscriber is invited to subscribe to a ‘PREMIUM’ pay plan.

If you subscribe, the Subscriber’s information will be transferred to this new ‘PREMIUM’ plan.

If he does not subscribe, the Subscriber will continue to have free access to his account for an additional period of 7 days.

He will only be able to transfer his account to a ‘PREMIUM’ plan.

After this 15 day period and except in the case of a subscription to a ‘PREMIUM’ plan, the Subscriber’s account will be closed and the information will be permanently deleted.

The Subscriber makes a commitment to create only one account corresponding to his profile and he is not allowed to subscribe to several free plans of the Service, otherwise G4interactive reserves the right to limit the Subscriber’s access and to delete the offender’s accounts and data, without any prior notice and without prejudice to take action to the courts.

Article 7: Termination Period

The Subscription comes into force on the day of the first payment made by the Subscriber to G4interactive for the subscription period (from 3 months to a year) defined on the invoice.

By the end of this period at the latest, the subscription is not automatically renewed. The Subscriber has to do the renewal through his user access. G4interactive cannot in any circumstances be held responsible for not renewing a Subscriber’s Subscription.

The Subscriber can terminate his subscription through his account in the Service at any time or by registering a letter acknowledging this, addressed to G4interactive.

The free paid for the current period remains fully payable to G4interactive.

The Subscription will only be terminated at the end of the subscription period.

Article 8: Subscriber’s Responsability

The Subscriber is the only person responsible for his account, his data and the use of the ServiceHe is also the only person responsible for the access to search engines or search domains.

Article 9: User Account and Password

Each member will receive an e-mail on the address provided upon registration, to activate his account. In this case, the Service will be entirely accessible only when the Member goes through the whole activation process outlined in this email.

The email address and password chosen by the Member when registering will allow him to access the Service. All information is confidential.

The Member is the only person responsible for the use of his mail addresses and passwords, and must ensure their confidentiality and use of his account.

The Member makes a commitment to inform G4interactive immediately of any unauthorized use of his account and of any activity that could compromise the confidentiality and the security of his means of identification, via email to the following email address: contact@myposeo.com.

If G4interactive has legitimate reason to think that the security of the Service has been compromised violated or misused due to unauthorized use of the Member’s means of identification, it will be able to temporarily suspend the account to preserve the Site’s integrity and data, and if appropriate, to demand modification of his means of identification. If the Member wishes to go forth with the modification of his means of identification, he must go on the Site and update it under ‘My information’ section of his account.

If his means of identification fall in the hands of a third party due to his own doing, the Member will be the only party responsible for any use of these means of identification and for the use of the Service made thereafter.

G4interactive cannot, under any circumstances be held responsible for any loss or damage resulting from the non-observance of the Member’s obligations stipulated in the present article.

Article 10: Conditions of use

Internet connection is needed to access the SERVICE. The LICENSEE acknowledges that having an Internet connection is required to use the SERVICE under the best conditions.

G4interactive excludes all liability in the event of a break or malfunction of the SERVICE due, in whole or in part, as a result of defective or inappropriate internet connection on the Licensee’s Internet part.

The SERVICE is accessible online from the internet address https://www.myposeo.com as well as on all sub-domains belonging to myposeo.com.

The SERVICE is not optimised for Microsoft Internet Explorer browser (all versions). G4interactive cannot guarantee the proper functioning of the SERVICE on a version of this browser. No claim, suit and refund request may be considered.

The SERVICE is functional on the following web browsers: Chrome, Safari, Firefox in their updated versions after January 1, 2012.

The optimal screen resolution for using the SERVICE is 1280X1024 pixels and the recommended resolution should be higher than this.

LICENSEE acknowledges that the use of the SERVICE requires the automatic installation of one or more cookies on their computer, whatever it may be. These cookie(s) make it possible to record information relating to the use of the Service.

It is strongly recommended to allow, from the LICENSEE’s web browser, the installation of cookies to ensure optimal performance of the SERVICE. However, the Licensee is entitled to refuse, bearing in mind that operation of the SERVICE will be less efficient.

The LICENSEE agrees not to access any data by any means other than through his/her personal interface provided by the SERVICE, unless the Licensee has been explicitly authorised by G4interactive to do, under a separate written agreement.

You must use Myposeo’s APIs and SERVICES in accordance with the laws of the place you are located. It is your responsibility to ensure that you are legally authorised to use the APIs and/or SERVICE in the country you are located in.

G4interactive will be not responsible in the event of misuse of Myposeo’s SERVICE and cannot be held liable for any use contrary to the strict rules of a country’s legislation or law.

LICENSEE agrees to:

a) Use Myposeo in compliance with the prohibition rules contained in the T&Cs;

b) Pay consumption, flat-rate or off-price invoices within the time limits defined by the GCU.

G4interactive is committed to:

a) Provide LICENSEE with access to the Myposeo Tool;

b) Maintain, throughout the contract, constant access to the Myposeo SERVICE, within except in cases of maintenance, updating or unavailability as indicated below;

c) Maintain a 24-month rolling data history

d) Inform the LICENSEE of any problems related to the use of the tool by developers or users;

e) Invoice, on a monthly or annual basis, for the use of the platform;

f) Provide support in the event of questions relating to the offer and services.

Prohibited use

You are not allowed to:

a) Intercept, monitor, alter or modify any data retrieved from the TOOL that is not intended for you;

b) Use any type of robot, virus, worm, Trojan horse or logic bomb or any other code or instruction designed to distort, erase, alter, emulate or disassemble the Myposeo TOOL, methods or website myposeo.com;

c) Use Myposeo’s SERVICES or DATA for fraudulent or propaganda purposes;

d) Use any content subject to the ownership rights of any third party, unless you have received a license or permission from the owner of the rights in question;

e) Alter or attempt to alter the availability of the SERVICE by attacks against the website via the TOOL interface;

f) Resell or under-sell to a third party (agency) the subscription subscribed by the Licensee to Myposeo.

Article 11: Data Confidentiality

The Internet website ‘myposeo.com’ is declared to the CNIL under number 142320.

G4interactive collects personal data when a Subscriber registers.

G4interactive makes a commitment not to communicate the Subscribers’ personal data to a third party. The Subscriber is the only person to be able to access to his/her information (e-mail, personal information, keywords or other data belonging to him/her). His/her data are exclusively used by him/her, within the framework of the use of the Service.

In accordance with the Computer Science and Liberties Laws of January 6th, 1978, the Subscriber has a right to access, modify or delete his/her data. To exercise this, the Subscriber can contact G4interactive by e-mail to the address contact@myposeo.com.

After the Subscriber’s account is closed, the data is definitively deleted except those that can enable G4interactive to justify the execution of its legal or contractual obligations. The data that are preserved are kept for a limited period of time and will not be used after this period.

Data Protection

The General Data Protection Regulations (GDPR) come into force on 25th May 2018. It defines the principles to be respected when collecting, processing and storing personal data. It also the guarantees rights for the people concerned.

Our site, www.myposeo.com, uses several ways of collecting data from a visitor.

The purpose of collecting the data is to create a management file of prospects and clients of our company, G4interactive. Our file is used and optimised for statistical purposes, to contact and offer our content to people who wish to use it.

I – The information we collect

1 – Information you provide to us upon to use our service

We request and collect the following personal information about you when you want to use our services.

  • Account Information: When you register to create a user account (Myposeo account), we need some personal information such as your first name, last name, your company name, phone number, and email address.
  • Information for downloading a study: When you request the download of a study, we need information such as your first and last name, your company name, phone number and email address.
  • Information for subscribing to our Marketing Newsletter via the Myposeo blog: When you subscribe to our newsletter via the blog, www.myposeo.com/blog, we need your email address.
  • Information for support and our customer service platform: You can contact technical support through your Myposeo account or our customer service platform directly via www.myposeo.com, for any questions regarding our tools and services. If you speak directly to one of our support team members, you will need to provide contact information, a summary of the problem, and any information that may help us resolve it.

2 – Information collected automatically when you use our service

When you use our tools, we automatically collect information about what services you use and how you use them.

  • Information about the device and connection: We collect information from your computer that you use to access our services. This device information includes the type and settings of the connection when you use our services. We also collect information through your device about your operating system, browser type, IP address and landing page URLs.

II – How do we use the information we collect?

1 – To provide, improve and develop our services

  • To allow you to access and use our services.
  • To operate, protect, improve and optimise our services.
  • To provide support to customers: to solve technical issues encountered, to respond to your requests for assistance, to improve services.
  • To send you update messages, security alerts and account notifications.

2 – To create and maintain a reliable and secure environment.

  • To detect and prevent fraud, spam, abuse and other harmful activities.
  • To verify or authenticate the information or identifications you have provided.
  • To respect our legal obligations.
  • To apply our terms and conditions and other policies.

3 – To provide, customise and improve our marketing and advertising

  • To send you promotional newsletters, advertising and other information that may be of interest to you, and advertising on social media through platforms (such as Twitter and others).
  • To personalise, measure and improve our advertising.

You may choose not to receive marketing communications from us by following the unsubscribe instructions included in our marketing communications, or by modifying your notification settings in your Myposeo account, or by sending an email to contact@myposeo.com

Your personal data are not passed on or disclosed to third parties.

II – Other information

  • Google Analytics et Google Adword

Some of our tools use Google Analytics and Google Adwords. The use of Google Analytics and Google Adwords is subject to Google’s Privacy Policy, the AdWords Terms and Conditions and the Google Analytics Terms and Conditions.

  • Woopra et Google Tag Manager 

We use Woopra and Google Tag Manager. The use of Google Tag Manager and Woopra is subject to Google Tag Manager’s data processing terms and Woopra’s terms and conditions.

IV – Rights

  • Managing your information

You can access and update your information under the ‘settings’ section of your Myposeo account, or by sending a request to contact@myposeo.com.

  • Correction of inaccurate or incomplete information

You have the right to ask us to correct inaccurate or incomplete personal information about you.

  • Retention of data

After closure of the Licensee’s account, data is permanently deleted except that which may allow G4interactive to justify the performance of its legal or contractual obligations. Any data thus preserved is for a limited period and is not used during this period.

  • Objection and deletion of data

When your personal information is processed for direct marketing purposes, you may at any time ask us to stop processing your data by sending an email to: contact@myposeo.com, or by modifying your Myposeo account settings.

You can cancel/terminate your account at any time by sending a notice of cancellation to www.myposeo.com via an email to: contact@myposeo.com, and as part of the general terms and conditions of use and sale of the account subscription.

  • Data breach and communication within 72 hours

In case of breach or suspected breach of personal data, G4interactive and its subcontractors will notify the CNIL, within 72 hours at the latest, after becoming aware of it.

G4interactive reserves the right to modify this Data Protection Policy at any time. In case of substantial modification such as the introduction of a new term and condition.

Webedia has appointed a data protection officer to assist the controller in complying with EU Regulations. For any questions concerning the protection of personal data by the Webedia group, kindly contact them through this address: dpo@webedia-group.com.

Article 12: Deleting Licensee Data

The present general conditions of use are applicable to every subscribed account, free or ‘PREMIUM’, until their termination.

The Subscriber can terminate his/her account at any time notifying www.myposeo.com by sending an email to: contact@myposeo.com.

Regardless of the termination of his/her account by the Subscriber, the latter cannot get a repayment or a transfer of the lump sums paid, as it is received irrevocably by G4interactive since the day of the payment.

Article 13: Interruption of the service

G4interactive uses all means to ensure the availability of the Service.

Neither G4interactive nor any of its licensors shall be liable for any network or server malfunction, or any other event beyond reasonable control that prevents or degrades the SERVICE.

G4interactive reserves the exclusive right to update Myposeo to the extent that the PLATFORM requires updates, changes, corrections or developments.

An announcement will be sent in advance, giving the LICENSEE and the all other USERS of the PLATFORM 5 (five) working days’ notice by the PROVIDER to adapt their infrastructure to the new options proposed. This announcement will indicate the effective provisional date of the update and will include a technical description detailing all modifications that will be made to the PLATFORM, allowing, if necessary, the adaptation of the Third Party APPLICATIONS to said updates.

G4interactive cannot be held responsible in the case of malfunction of third party APPLICATIONS following updates.

G4interactive reserves the right to make the Myposeo PLATFORM unavailable for maintenance operations for a maximum period of 2 working days (48 hours), without prior agreement from the CUSTOMER, USERS or DEVELOPERS, but subject to giving the CUSTOMER, USERS or DEVELOPERS prior written notice within a reasonable period of time.

Maintenance periods are likely to result in unavailability of services for short periods (file uploads, method updates, tests) for a maximum of up to 2 days only.

G4interactive cannot be held responsible in the case of malfunction of its PLATFORM or third party APPLICATIONS during maintenance periods.

The SERVICE SUPPLIER will take all the necessary actions and try its best to ensure that these maintenance periods take place between 10:00 pm (22h00) and 6:00 am French time GTM+1.

Within the time period of the aforementioned operations, G4interactive cannot be held responsible for the malfunction of any third party APPLICATIONS during the periods of unavailability of the services due to application maintenance or updates.

Article 14: Responsibility limits

The Service is provided to the Subscriber without any guarantee of quality or use for a particular goal.

If G4interactive’s responsibility is involved and a mistake made by it is established, the Subscriber will be not able to claim compensation more than the sum paid by them a 12-months subscription.

G4interactive providing data without interpreting it, the Subscriber is the only person responsible for the use he makes of the data, and in particular in his relations with third parties.

The Subscriber:

  • will warn G4interactive about any request that can implicate them;
  • will guarantee and not hold G4interactive responsible for any resort that can be initiated against him/her from third parties, and particularly indemnifying him/her for the expenses that would have been involved for its defense, and also damages or provisions to which it would be condemned.

Article 15 : Pricing

G4interactive reserves the right to modify the Service’s pricing without notice and notification.

The Subscriber having subscribed to a plan beforehand will be affected by this pricing modification when subscribing again, renewing or modifying his/her current plan. In compensation of the Service granted to the Subscriber by G4interactive, the latter will have to repay, before the commencement of each new subscription period and for this subscription, the amount appearing on his purchase order or his invoice.

The payment can be made by several ways:

  • online with a national or international credit card, by a secure SSL (Secure Socket Layer) transaction. The information given are encrypted and are not communicated to us.
  • by bank transfer
  • by check addressed to the G4interactive Company.
  • by SEPA Direct Debit  

The expiry of your payment method automatically results in the expiry of your account and the related offer. In this case, the offers available on our website and our updated catalogue are available, without any guarantee of an equivalent offer due to the potential evolution of our pricing.

Article 16: Intellectual property

The Service is protected by copyright agreement, the exclusive owner of which is G4interactive.

G4interactive is the holder of: the Service’s ownership, the documentation that goes with it, and all intellectual property rights concerning the Service and the aforementioned documentation.

Therefore, every reproduction or total or partial representation of the service by any means without the express authorisation of the G4interactive Company is forbidden and would constitute a piracy punished by the articles L 335-2 and the following of the code of intellectual property.

Article 17: Right to withdrawal

In accordance with the conditions provided in articles L. 121-16 and following the same in the consumers code, the consumers have a right to withdrawal.

It highlights that a consumer is a natural person acting for the satisfaction of his/her personal needs, without any link with his/her professional activity. A legal or a natural person who would act for professional purposes and who would subscribe to a Subscription does not have the right to withdrawal. It highlights that G4interactive and the Subscriber did not agree on any derogation and that the use of the Service by the consumer during the withdrawal period is then construed as a waiver.

The use of the email address and the password assigned to the Subscriber are valid proofs of use.

Article L121-20 of the consumer code: The consumer shall have a period of seven clear days to exercise his right of withdrawal without giving any reason nor paying penalties, except, if applicable, the costs of return. The consumer may break the time limit in the case where he would move and where simultaneously he would need to call upon an immediate service necessary to its existing conditions. In this case, he would continue to exercise his right of withdrawal without giving any reason nor paying penalties.

The time limit mentioned in the previous paragraph shall run from the reception for the goods or from the acceptance of the plan for services.

When the information provided in the article L. 121-19 was not given, the time limit for the right of withdrawal was three months. However, when the information is given in the three months that follow the reception of goods or the plan’s acceptance, the seven day period mentioned in the first paragraph shall start to run.

When the seven day period terminates on a Saturday, Sunday, public holiday or a day off, it is extended to the first following working day.

Article L121-20-1 of the consumer code: When the right of withdrawal is exercised, the professional is committed to pay the consumer back all the sums paid, as soon as possible and within thirty days following the date this right has been exercised at the latest. Beyond this date, the sum of money that is due shall accrue interest at the standard interest rate that is in force at the time. The repayment can be made by any means of payment. The consumer that has exercised his right of withdrawal can however choose another means of repayment and not follow the means proposed by the professional.

Article L121-20-2: The right of withdrawal cannot be exercised, except if the parties have reached another agreement, for the contracts:

1° For provision of services whose execution started before the end of the seven clear days time limit.

Article 18: Partial invalidity

The invalidity, non-enforceability or nature deemed to be unwritten of one or several clauses of the contract shall not lead to the invalidity of the totality of these clauses.

Article 19: Claim

Every claim shall be addressed to G4interactive’s support exclusively to the headquarters’ address or by email to: contact@myposeo.com.

Article 20: Applicable law-Attribution of Jurisdiction

The parties agree to submit the interpretation and the execution of the present contract to French Law, for the rules governing their form and for the basic rules, except its conflict-of-law rules and the Vienna convention on international sales of goods. 

Other than an express legal provision, every dispute concerning the conclusion, the validity, the interpretation or the execution of the present contract will be solely attributed to the Commercial Court of Bobigny which is the only competent court in matter of jurisdiction, notwithstanding a plurality of respondents or a guaranteed appeal, even for urgent proceedings or protective urgent or on-demand proceedings.

Article 21: Cookies

Third-party providers, including Google, use cookies to offer advertisements based on previous visits to our website. You can deactivate cookies from Google by navigating to the deactivation page for Google advertising.

Last modified: 2018/12/05

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