TERMS AND CONDITIONS OF USE
- Legal Notices
The CRITIZR service, accessible via the CRITIZR application or website www.critizr.com, is a service offered by S.A.S CRITIZR, a company with a capital of EUR 43,220.00, registered with the Lille Métropole Trade and Companies Register under number 521.950.626, having its registered office at 165 avenue de Bretagne, Lille (59000).
Intracommunity VAT No.: FR 96521950626
Director of the Publication: Mr Nicolas Hammer
CNIL (French Data Protection Authority) notification No. 1714315
For any claim concerning the CRITIZR service and/or the content of the website, you can contact us by phoning +33 (0)3.59.61.07.17 or sending an email to firstname.lastname@example.org.
The following definitions shall apply in these terms and conditions of Use:
“CRITIZR Service”: All features offered by CRITIZR making it possible to comment on and share descriptions and reviews of businesses, whether for smartphone users through the Application or Internet users via the Website.
“Application”: A computer programme belonging to CRITIZR, which can be run on smartphones and downloaded free of charge, allowing access to the Service.
“Website”: Website published by CRITIZR, freely accessible by Internet users at the address www.critizr.com, allowing access to the Service.
“User”: A non-professional individual who has requested registration (opening of a profile) with CRITIZR in order to freely benefit from the Service, via the Application or Website.
“Personal Data”: All personal information communicated by the User to CRITIZR during the registration process.
“Content”: All data communicated by the Users (reviews, comments etc.) regarding businesses.
The Service allows the User, subject to their prior registration, to comment on and share descriptions and reviews of businesses. These reviews can be consulted by the managers of the business via a dedicated administrative interface and by other Users via the Application and Website.
The Service also allows the User to commission CRITIZR to ensure the communication of reviews or feedback to the managers of the businesses concerned.
- - Obligations of the user
Use of the CRITIZR Service via the CRITIZR Application or CRITIZR Website is subject to these Terms and Conditions of Use.
CRITIZR reserves the right to modify these Conditions at any time. With each change, the user will be asked to confirm their acceptance of or reject the new conditions.
CRITIZR, which hosts the comments and content posted by Users shall not be held liable for said published content. The Users alone remain liable for the content of the data posted and published by them via the CRITIZR Service and are informed that, in accordance with the Law, CRITIZR stores all data necessary to allow their identification, as may be relevant.
Consequently, it is the responsibility of the Users to ensure that the storage and diffusion of this content on the Service does not constitute (i) a breach of third party intellectual property rights, (ii) harm to individuals (in particular defamation, insults, slander etc.) and invasion of privacy and (iii) harm to public policy and good morals (in particular condoning crimes against humanity, inciting racial hatred, child pornography etc.).
If non-compliant content is detected, CRITIZR would be obliged to remove said content, without prejudice to any legal proceedings which may be brought against the User.
CRITIZR makes an email address available to its Users - email@example.com - allowing them to report non-compliant content.
- - Intellectual property and copyright
By registering with the CRITIZR Service, the User authorises CRITIZR to publish comments and information posted by the User. This authorisation grants CRITIZR the right to reproduce, represent and adapt this data, on all media and for the entire world, for the entire duration of copyright protection.
The tangible and intangible elements making up the CRITIZR Service (application, website, visuals, brands, domain names, TCU, events, videos, graphic charters, texts and photos, computer programmes etc.) are all the exclusive property of CRITIZR, publisher of the Website and Application. They cannot under any circumstances be reproduced, kept, used, represented or adapted without the express authorisation of CRITIZR, on penalty of legal proceedings.
The fact that the Application is available to download free of charge does not result in any transfer of rights to the User. It is non-transferable and remains subject to respect of these Terms and Conditions of Use.
- - Access to the service, modification and availability of the service
Access to the Service is subject to the creation of a User profile, using the form provided for this purpose, and respect of these Terms and Conditions of Use.
In the event of breach of these conditions by a User, CRITIZR reserves the right to close said User’s profile immediately, without notice.
The User remains free to modify the content of their Personal Data communicated on this occasion. The User guarantees that the data communicated is true and accurate.
After registration, the User will be attributed a login (email address) and personal and confidential password. This information remains the exclusive property of the User and should not be disclosed under any circumstances. CRITIZR cannot be held liable for the loss of these login details. The User alone remains liable for use of his login and password. In the event of suspicions that the User’s account has been hacked, the User will immediately inform CRITIZR by email to the address firstname.lastname@example.org.
In principle, the Service can be accessed 24/7, except in the case of interruption, whether scheduled or not, for maintenance purposes or in the case of force majeure. In this respect, CRITIZR is exclusively subject to an obligation to use best efforts and cannot, under any circumstances, be held liable for harm of any kind whatsoever resulting from the unavailability of the Service.
The CRITIZR Service is offered to Users free of charge. The equipment (computers, smartphones, software, communication tools) and cost of communication, necessary to access the Service, shall be fully borne by the User, regardless of the circumstances.
CRITIZR reserves the possibility to include advertisements on the pages accessible by Users via the Application or the Website.
- - Personal data and the CNIL
The computerised registers kept in the CRITIZR systems, in compliance with industry standards regarding security, shall be considered as proof of communication of emails, the sending of registration forms, postings and downloading of content (text, photographs and videos).
Registration forms are archived on a medium ensuring the faithful and lasting nature required by legal provisions in force. It is agreed that in the case of a difference between the computerised registers kept by CRITIZR and the User’s paper or computer documents, CRITIZR’s computerised registers shall prevail.
The CRITIZR Service seeks mainly to process the reviews of individuals on products, services or content marketed or provided by third parties.
CRITIZR stores the personal data provided by the User upon his registration (login, valid email address) and his IP address, to the exclusion of all other data. The User is aware that CRITIZR is likely to implement a process to automatically track (cookie) logins to its Service.
- Purpose of data processing
The Data identified as obligatory during registration is necessary for the improvement of the Service’s features. It allows statistics to be compiled regarding consultation of the web pages and the partial geolocation of users.
This data processing is the subject of a notification to the CNIL (French Data Protection Authority) (Notification No. 1714315).
The data collected is not communicated to third parties without the User’s authorisation. However, the User is informed that this data may be disclosed in accordance with a law or regulation or by virtue of a decision from a competent regulatory or legal authority, or if necessary in order to preserve the rights and interests of Critizr SAS.
CRITIZR attaches particular importance to the security of your Data and takes all the appropriate measures in order to limit risks of damage to or loss or improper use of data.
Data is stored by the Website host identified in the Legal Notices and retained for the duration strictly necessary for the purposes set forth above. Beyond this duration, they will be retained for statistical purposes only and shall not be used in any way whatsoever.
In accordance with the Law, the User is entitled to access, object to or request rectification of his personal data by sending a written request by email to email@example.com or by mail to the CRITIZR registered office address mentioned in the legal notices above.
- - Responsibilities and host status of CRITIZR
As the host of a Service accessible in the form of a social network, CRITIZR is not legally bound by any general obligation to monitor content communicated or stored by Users.
However, in accordance with the Law, CRITIZR has implemented an easily accessible and visible process allowing anyone to inform it of the diffusion of non-compliant content concerning:
- the condoning of crimes against humanity,
- incitement to racial hatred,
- child pornography,
- incitement to violence,
- the violation of human dignity.
All Users therefore have access to an email address - firstname.lastname@example.org - allowing them to inform CRITIZR of any non-compliant content. The alarm can be raised by sending a simple letter to CRITIZR’s registered office.
As soon as it is informed, CRITIZR will take all useful measures to put an end to such non-compliant content. For all practical purposes, it is recalled that any individual who presents content or an activity as being unlawful with the aim of having it removed or ceasing its diffusion, when this is in fact incorrect, is punishable by one year’s imprisonment and a EUR 15,000 fine.
The User is also informed that the managers of the businesses registered with the Service are entitled, via their Interface, to moderate a priori reviews concerning them.
- - Governing law and jurisdiction
These Terms and Conditions of Use are governed by French law. Any disagreement or dispute shall be subject to the exclusive jurisdiction of the Lille Courts, notwithstanding the presence of several defendants, third party claims or emergency proceedings through interim measures or a formal application.