Terms and Conditions v1.1.0
Effective Date: August 2019
Privowny App Presentation
Welcome to the Terms and Conditions ("T&Cs") of Privowny App. They govern any use of Privowny App. Please read them carefully.
Privowny App is a Product developed by Privowny Group ("Privowny", or “we” or “us").
The Product includes:
- The website beta.privowny.com
- The website account.beta.privowny.com
- The Privowny App Browser Extension
- The Privowny App mobile applications (together, the “Product”)
Privowny App is a suite of data protection and management modules, including (together, the “Service(s)”):
- A Password Manager
- A Tracker Manager
- An Alias Manager
- A Data Manager
- A Dashboard
The Services are accessible only if you create a Privowny App Account ("Account"). For more information, please visit our Help Center (https://help.beta.privowny.com/).
Since Privowny App is a beta version of our Product (i.e. a test version), designed to continuously evolve, Privowny cannot guarantee that the Product will be maintained as it is today or anticipate any changes, nor ensure that the Product will remain available in the future. Consequently, we reserve the right to terminate, substantially modify or suspend all or part of the Product or your use of the Product at any time, without prior notice and without incurring any liability in respect thereto, at our sole discretion.
Privowny App is not intended for end-user’s direct distribution. Rather, Privowny App is designed for Privowny’s business prospects in order to show the benefits of using the Service for their own final users or for our testers (“Users”, “you”).
Acceptance of our Terms & Conditions
By accessing and using the Product and its Services, you agree to be bound to our T&Cs, which forms a legal agreement between you and Privowny. The T&Cs do not create any third-party beneficiary rights. To access and use the Service, you must be at least 18 years of age. You hereby certify that you are of legal age and have the capacity to enter into the T&Cs with us.
Access and use of Privowny App Services
You need an Account in order to use the Services. You are solely liable to keep your Account credentials (i.e., email and password) confidential and are responsible in respect to any activity occurring on or through your Account. If you believe that someone else has accessed or is using your Account, please notify us immediately and go to “My Account” to log out from all your sessions. You should also change your Account password.
Privowny may send you Service notifications, when such notifications are necessary for the performance of the Services, are required by law or for security reasons, or for business-related purposes. As a beta user, you may also receive emails and/or surveys to get your opinion about the Services or to explain some features of our Services.
Deletion of your Account
If you do not want to use our Service anymore, you can delete your Account at any time from a computer. By default, all the data in your Account will be exported as a PDF file saved on your computer when you delete your Account.
The T&Cs set out the entirety of the obligations and responsibilities of Privowny, which cannot be bound by any other express or implicit guarantee towards the User.
Content of your Account
You understand and agree that you are solely responsible for the personal data that you upload and store on your Account, and for your use of the Service.
You agree NOT to engage in the following prohibited activities when accessing or using the Product and its Services:
- Copying, distributing, or disclosing any part of the Product in any medium, including without limitation by any automated or non-automated “scraping”;
- Using any automated system, including without limitation robots, spiders, offline readers, etc. to access the Product in a manner that sends more request messages to the Privowny servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser or mobile application (except that Privowny grants the operators of public search engines revocable permission to use spiders to copy materials from the Privowny corporate and beta websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- Transmitting spam, chain letters, or other unsolicited emails;
- Attempting to interfere with or compromise the system’s integrity or security, or to decipher any transmission to or from the servers running the Product;
- Taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
- Uploading viruses, worms, or other software agents through the Product;
- Collecting, extracting or harvesting any data regarding a third party, including any personal data or any personally identifiable information, including account names, from the Product;
- Using the Product for any other purpose than testing and using the Service;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity or conducting fraud;
- Interfering with the proper work of the Product;
- Accessing any content on the Product through any technology or means other than those provided or authorized by the Product;
- Bypassing the measures we may use to prevent or restrict access to the Product, including without limitation the use of the Product or the content therein;
- Selling, sublicensing and/or otherwise commercializing any Services;
- Using this Product contrary to Applicable law, or in a way that causes or may cause harm, to the Product or to any person or business entity.
Limitation of liability
To the maximum extent permitted by Applicable Law, Privowny, its affiliates, directors, employees or its licensors shall not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use, or inability to use, this Product and its Services.
Privowny cannot be held responsible for any damage or loss of any kind whatsoever, directly or indirectly, due to any breach by the User of these T&Cs. In case of any violation by the User of any provision of the T&Cs, Privowny reserves the right to suspend, temporarily or permanently, without prior notice, access to and use of the Services. In case of non-compliance with the Applicable Law and these T&Cs, the civil and/or criminal liability of the User may be incurred.
Under no circumstances shall Privowny be held responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your Account or the information contained therein.
To the maximum extent permitted by Applicable Law, Privowny assumes no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Product;
- Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
- Any interruption or termination of transmission to or from the Product and its Services;
- Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Product and its Services by any third party;
- Any errors or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Product;
- User content or the defamatory, offensive, or illegal conduct of any third party.
To the maximum extent permitted by Applicable Law, Privowny, its affiliates, directors, employees or licensors shall not be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in any amount exceeding 1.500 (thousand and five hundreds) euros.
You agree to defend, indemnify, and hold Privowny, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, in any way arising from, related to or in connection with your use of the Product and its Services, your violation of these T&Cs or the posting or transmission of any materials on or through our Product by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
The Product, including, without limitation, all content, functions, and materials is provided “as is”, without warranty of any kind, either expressed or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
Privowny takes great care in the operation and maintenance of the Product.
Nevertheless, Privowny does not warrant that the Product or the content will be timely, secure, uninterrupted or error free, or that defects will be corrected.
Privowny makes no warranty that the Product will meet your expectations or requirements.
No advice, results or information, or materials whether oral or written, obtained by you through the Product shall create any warranty not expressly made herein.
Intellectual Property Rights
For the purposes of these T&Cs, “Intellectual Property Rights” means all industrial design rights, patent rights, copyright rights, trade and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, all applications and registrations, renewals and extension thereof, under the laws of any state, country, territory or other jurisdiction.
Except for any data you may have stored in your Account, the Product, its Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, trade secrets and all Intellectual Property Rights related thereto (“Privowny Content”) belong to Privowny and/or their rightful owners.
You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content, including Privowny Content, accessible on the Product. Using the Privowny Content or materials or the Product for any purpose not expressly permitted by these T&Cs unless otherwise provided by Applicable Law, is strictly prohibited and may result in legal proceedings against you.
When the Product requires or includes software, depending on your choices, this software may update automatically on your device (desktop or mobile device) once a new version or feature is available. Please check your device configurations to learn more about how you may parameter your update settings.
Privowny grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Privowny as part of the Product. This license is for the sole purpose of enabling you to use the Product as provided by Privowny and in strict compliance with the T&Cs. You shall not reverse engineer or attempt to extract the source code of any software included or forming part of our Product, without Privowny’s express prior written permission.
Governing law & jurisdiction
FRENCH LAW (the “Applicable Law”) APPLIES TO THE PRODUCT AND ITS SERVICES.
These T&Cs are governed, construed, and enforced in accordance with the laws of France, without regard to the rules of conflict of laws.
In the event of any dispute with Privowny arising out of or in connection with these T&Cs, the User may contact Privowny:
- by mail at Privowny France SAS, Parc du Golf Bat 20/Safran, 350 avenue JRGG de la Lauzière, 13290 Aix-en-Provence, FRANCE; or
- by email at legal[at]privowny.com.
In this case, Privowny and the User will endeavour to arrive at an amicable solution.
Any claim or dispute arising out of or in connection with these T&Cs shall be litigated exclusively before the courts in Aix-en-Provence, France.
Some areas of the Product may allow Users to post feedbacks, comments, questions, reviews, and other information ("Content"). You understand and agree that you are solely responsible for the Content that you upload, publish, display, link to or otherwise make available (hereinafter, “Post") on the Product and its Services unless otherwise provided by Applicable Law, and you agree that we are only acting as a passive conduit for the online distribution and publication of your Content. You understand that whether or not such Content is published, Privowny does not guarantee any confidentiality with respect to any Content.
You agree not to Post Content on the Product that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- contains any information or content that you know is not correct and current.
You agree that any Content that you Post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined by article 7 of these T&Cs), rights of publicity, and privacy.
Privowny reserves the right to reject and/or remove any Content that Privowny believes, at its sole discretion, violates these provisions.
In case you have knowledge of prohibited Content, actual or suspected, in connection with the use of the Product, you agree to declare it without delay, in compliance with Applicable Law.
Privowny takes no responsibility and assumes no liability for any Content that you or any other User or third-party posts on the Product. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that you post is solely your responsibility, without limitation. Privowny shall not be responsible for any public display or misuse of your Content by third parties.
You understand and acknowledge that, despite Privowny’s best efforts to avoid it, you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Privowny shall not be liable for any damages you allege to incur as a result of such Content.
By posting any Content on the Product, you expressly grant Privowny, as part of the normal operating and operational requirements of the Product and for the performance of the Services, a royalty-free, non-exclusive, worldwide license to use, reproduce, modify, translate, adapt, free of charge, all or part of your Content, on all media and in all formats and by all means and processes both known and unknown to date for all types of use relating to the purposes of the Product.
You warrant Privowny against any action, claim, or opposition by any person for whom the Content provided could have infringed their rights or intellectual property rights, or constitutes an act of unfair competition.
You may not assign your rights or delegate your duties under the T&Cs, either in whole or in part without Privowny’s prior written consent. Any attempted assignment without consent will be void. Privowny may assign or otherwise delegate its duties and rights under the T&Cs to any other party, including any Privowny affiliated entity, or as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. These T&Cs will bind and inure to the benefit of each party’s successors or assigns.
Entire agreement and T&Cs updates
These T&Cs, together with any other legal notices, policies, and agreements published by Privowny via the Product, shall constitute the entire agreement between you and Privowny concerning the Product and supersede any prior agreements.
If any provision of these T&Cs is deemed invalid by a court of competent jurisdiction, the invalidity or such provision shall not affect the validity of the remaining provisions of these T&Cs, which shall remain in full force and effect.
In order to reflect changes in our Product (e.g. add or remove features or functionalities) or comply with our legal obligations, we may update our T&Cs. We will notify you by email or display a notice on your Account of any significant modification of the T&Cs that may have consequences on your use of or access to the Product. You are free to stop your use of the Services at any time. To continue using our Service after this update, you will have to agree to the new version of these T&Cs, which will be binding.
If you are a citizen or a resident from a country where using a service hosted in the European Union only and/or by a French company is illegal, please do not use our Product.
If you are a citizen or a resident of a country where using services such as those provided by our Product is illegal, please do not use our Product.
If you are a citizen or a resident from a country where using a service hosted by an American company, regardless of where it is hosted, is illegal, please do not use our Product.