Terms & Conditions

Terms & Conditions

contenu

Preamble

 

Use of the “Covertizer” Application and the “Covertizer” Website is subject to full acceptance of the Terms of Use.

These general conditions of use govern the access and use of our services, namely the “Covertizer” Application by the User, the “Covertizer” Website accessible at the following URL: www.covertizer.com  and e-mail notifications (the “Terms of Use”)

The “www.covertizer.com” Website and the “Covertizer” Application are the exclusive property of POSSUM SOCIETY, a simplified joint-stock company with a share capital of 38.112,25 Euros, with registered office at 13, rue Thérèse, 75001 PARIS, registered at the Paris Trade and Companies Registry under number 383 244 506.

 

ARTICLE 1 PRESENTATION 

 

COVERTIZER aims to provide its users with the creative tools they need to gather and organize their photo and video content in an orderly mosaic.

 

COVERTIZER thus acts as a simple intermediary between the Users of the Application and the Site.

 

COVERTIZER does not intervene at any time in the relation between Users.

 

COVERTIZER however, does verify the content proposed by Users to ensure that no content may violate the laws in force, in accordance with article 9.1 of these Terms.

 

Users must accept the Terms of Use prior to inscription on the Application or the “Covertizer” Site.

 

 It is also agreed that the acceptance of these Terms by the User includes the acceptance of the Terms of Use and the specific conditions relating to the use of the CREDIT LYONNAIS LIMITIED COMPANY payment service.

 

The present Terms will mention a hypertext link allowing access to the Terms of Use and the specific conditions of CREDIT LYONNAIS LIMITED COMPANY.

 

COVERTIZER reserves the right to modify the content of these Terms at anytime. The User is expressly informed that the Terms of Use are those displayed on the application, at the address “covertizer.com” and on the date of access to any of the services, the User recognizes and accepts these terms, without restriction, systematically, when connecting to the application.

 

ARTICLE 2 DEFINITIONS 

 “Personal Account” means the Member’s personal space on the Application and the website. This space is accessible only by entering a login and a personal password specific to each Member. This space allows access to the services provided by the Company through the Application and the website. It also allows the Member to view, modify and update his personal data.

 

“Content (s)” means any element, of any nature whatsoever, posted online by Users and in particular photographs, videos, notices and comments from Users, pseudonyms used by Users, etc.

 

“Cookies” means any automatic tracking process implemented on the Site, allowing it to identify each of the User’s connections to the Site (pages viewed, date and time of consultation, IP address etc.), in order to establish audience statistics, to facilitate the access of the User to his Account as well as navigation on the Application and the Website.

 

“Smartcov” means the mosaic created by the User and consists of 3, 6, 9 or 12 photo and/or video contents and thumbnails, behind a cover image.

 

“Data” means the personal information that the User voluntarily transfers to the Website and the Application when creating his Account via an online registration form, or alternatively in the context of updates of information concerning him/her.

 

“Automatically Collected Data” means data that is automatically collected by cookies.

 

“Personal Data” means Data and / or Automatically Collected Data.

 

“Follower” means any person subscribed to the account of a User.

 

“User or User identity” generally means any pseudonym, PIN or password, allowing the User to access his Account and to use the features of the Application and the website reserved for Users.

 

“Post” or “posts” refers to content uploaded by Users.

 

 “Service” means all services and features offered on the Application and the Website by COVERTIZER.

 

 “Sherlock’s” means a service of the bank Crédit Lyonnais (LCL) approved by the Bank of France, by the ACPR, which allows the collection of User’s transactions made by credit card on the website and the Application. 

 

 “Website” means the site accessible at the URL: www.covertizer.com which is exclusive property of the Company.

 

“Application” means the mobile application COVERTIZER available on IOS and Android operating systems.

 

« Editor » of the application means POSSUM SOCIETY

 

 “Smartcov / Smartcovs” means the combination of the Cover created by the User to which the Users’ posts are added.

 

“Company” means POSSUM SOCIETY, a simplified joint-stock company with a share capital of 38,122.25 Euros, registered office at 13, rue Thérèse, 75001 PARIS, registration number 383 244 506 in Paris Company Registerations 

 

 “Striptizer” means a tool developed specifically for the website COVERTIZER and which allows to temporarily reveal the contents behind the cover of a SMARTCOV.

 

“User” means a member registered on the Covertizer website and application by means of a Personal Account.

 

 “Visitor” means any person visiting the Site , having been sent a link by a User of Covertizer, and who, without being registered or prior to registration, may only consult the content and information visible on the link page. To access any other feautures of Covertizer, the visitor must create a personal account on the application.

 

“Watermark” or digital tattoo means the copyright “© Covertizer” that will be applied to the Smartcovs made by the Users according to the chosen subscription as referred to in Article 6 



ARTICLE 3 – ACCESS AND CREATION OF AN ACCOUNT

 

3.1 Access to the Website and the Application

 

To access the COVERTIZER , the application must first be downloaded onto a device. The COVERTIZER Application is downloaded from the Apple Store for the IOS operating system and from the Play Store for the Android operating system.

 

Access to the Website is free for any User with Internet access. All costs related to access to the Website, whether material costs, software or Internet access are the exclusive responsibility of the User. He is solely responsible for the proper functioning of his computer and mobile equipment as well as his access to the Internet.

 

 COVERTIZER uses all reasonable means at its disposal to ensure quality access to the Application and the Website, but is under no obligation to do so. COVERTIZER can not, in any case, be held responsible for any malfunction of the network or the servers or any other event which would prevent or degrade the access to the Website. COVERTIZER reserves the right to interrupt, suspend temporarily or modify without notice access to all or parts of the Website or the Application, in order to maintain or modify it, or for any other reason, without the interruption giving rise to any obligation or compensation.

 

COVERTIZER reserves the right to modify the Covertizer Website and Application at any time without notice.

 

COVERTIZER reserves the right to suspend or refuse access to the Website and the Application, without prior notice, to any user who does not comply with these Terms of Use.

 

3.2 Creation and use of an Account

 

To access the Website and the Application as well as the Services offered, the User must fill out a registration form by providing personal information that will then be used to identify him so that he can access his Personal Account. The User agrees to provide true, accurate and complete information on the inscription form. The User undertakes to not to create a false identity and to not impersonate another person , company or protected trademark. The User undertakes to update this information with each change of situation. In the case where the User communicates false, inaccurate, misleading, incomplete or out of date information, COVERTIZER reserves the right to suspend or refuse access, without notice or compensation, temporarily or permanently, to all aspects of the Services.

 

Three types of users can become members of the Site:

  •  The User must be a natural person of at least 15 years of age. It is specified that in the event of subscription of a paying formula as referred to in article 6, the User must comply to legal paying specifications and therefore be of age, failing which, he will be able to subscribe only with the authorization of an adult legal representative.

 

  • The User legal body;

 

  • The User non-profit association subject to the law of July 1, 1901.

 

 COVERTIZER reserves the right to ask any User to justify by any means  his identity and / or his quality. In the absence of justification within a period of 10 (ten) days from the request date, COVERTIZER reserves the right to suspend or refuse access, without notice or compensation, temporarily or permanently, to all or part of the Application or Site and Services.

 

After finalizing the registration formalities, the User has a login and a password that are strictly personal and confidential and should not be communicated to a third party. These identifiers allow a User to access his/her unique Personal Account.

 

The password allows each User to identify his/herself and to connect to the Application, the Site and the Services. This password is personal and confidential and can only be modified at the request of the owner.

 

 Each User is fully responsible for the use of his password, which he undertakes to keep secret and not to disclose in any form to third parties. In case of loss, theft or any fraudulent use of his password, the User must choose a new password. Each User is therefore solely responsible for the use of the Services attainable with his/her password or his identification. Any connection or data transmission made using the Services will be deemed to have been made by the User and under therefore remains his sole responsibility.

 

 Furthermore, as COVERTIZER is not obliged and does not have the technical means to ensure the identity of the users registering on the Application and the Site, responsibility can not be engaged by Covertizer in the hypothesis of an identity theft. If a User believes that a person fraudulently uses his identity or his access to his Personal Account, he must inform COVERTIZER without delay.

 

 Finally, each User may delete his account at any time. The content he has created will then be deleted and will not be kept by COVERTIZER.

 

ARTICLE 4 USE OF THE COVERTIZER WEBSITE AND APPLICATION 

 

Article 4.1 Creating a SMARTCOV 


The User must: 

 

  • Go to the “Create a Smartcov” page 
  • Choose its format (3, 6, 9, 12 cases) 
  • Add content in different cases according to the chosen format

. The User may modify, move or replace the content as he sees fit 

  • Name and reference the Smartcov 
  • Click on “Publish” 

 

The User has the right to make his content private.

 

Article 4.2 Sharing a SMARTCOV 

Once the Smartcov is published, the User can:   

  • Export the Smartcov as videos. The content will then be saved as files on the “desktop” of the computer or on the photo stream present on the user’s terminal in the form of a “Covertizer” album. The User is then free to subsequently share its content on different platforms.   
  • Share the Smartcov thanks to a link that can be consulted by each User and Visitor that can be shared by email, Facebook or Twitter.

 

Article 4.3 Deletion of a SMARTCOV 


The User can delete his Smartcov by going on his profile. Under the designated Smartcov, appears an icon “…” proposing to the User to delete its contents.



ARTICLE 5 – PERSONAL DATA AND PRIVACY

 

Article 5.1 Personal Data processed by COVERTIZER

 

Article 5.1.1 Personal data communicated directly by the User

 

The personal data collected and subsequently processed by COVERTIZER are those that the User voluntarily sends to the Website and the Application , including:

  •  Mail address
  •  Pseudonym
  •  Password
  • Videos and Photos content 
  •  Views
  • Comments
  • Bank, PayPal and/or personal payment details

 

The User undertakes to provide accurate, up-to-date and complete information and to make any relative coressponding changes to his Personal Account without delay.

 

Some of this information must be entered during the creation of the User’s profile (pseudonym, email address, password), while the others are communicated as part of the use of the COVERTIZER website and mobile applications.

 

 Article 5.1.2 Personal Data Collected Automatically by COVERTIZER

 

 The data collected automatically by the Website and the Application are those resulting from the use of the Application or navigation on the Website:

  •  Country and City via the IP address of the terminal
  • Cookies (statistics of use of the site)
  • Language
  • Phone model and features (operating system and version, camera model)
  • Account Data

 

 

Article 5.2 Mandatory nature of the information and consents of the User

 

The communication of certain personal data is necessary to provide all services to the User (pseudonym, email address, password). If the User refuses to communicate this essential data, COVERTIZER will not be able to guarantee  access to the Service.

 

The validation of these Terms of Use by the User constitutes acceptance of COVERTIZER’s use of Personal Data in accordance with the terms and conditions described in these Terms of Use as well as in the “Cookies Use Policy” posted on the Website and the Application. 

 

The User has the right to withdraw his consent freely and at any moment of processing of his Personal Data regardless of prior consent.

 

In a case where the User withdraws his consent, COVERTIZER undertakes to cease processing and delete the personal data exclusively related to the User.

 

Article 5.3 Case of the User aged under 15

 

When personal data processing concerns a minor under the age of 15, regulations require that consent to treatment be given by an adult possessing official parental authority.

 

COVERTIZER will apply all available means, using available technologies, to obtain the consent of an adult representative possessing official parental authority.



 Article 5.4 Identity of the data controller

 

 The person in charge of processing the personal data of the User is COVERTIZER.

COVERTIZER determines the means and the finalities of these treatments.

 

 Article 5.5 Purposes of the treatments

 

The personal data collected on the Site and the Application, with the consent of the User, are processed for the following purposes:

  •  Creation of the User Profile
  •  Organization of the user’s photo and video content
  •  Interaction between user’s profiles
  •  Creation and management of the Professional Account of the User
  • Sending Newsletters
  •  Analysis of the use and functions of the COVERTIZER Application and Site

 

 Article 5.6 Legal bases of treatments

 

COVERTIZER’s processing of the User’s Personal Data is based on:

  •  The specific and prior consent of the User; or
  •  The necessity for processing informations for the purpose of executing the contract concluded between the User and COVERTIZER

 

 Article 5.7 Data retention period 

 

COVERTIZER undertakes to keep Personal Data of the User only for the period necessary to pursue  the diverse purposes of processing.

Personal Data is not retained by COVERTIZER after the deletion of the User’s account.

 

 Article 5.8 Sharing User’s Personal Data with Third Parties

 

 The Data is collected by COVERTIZER only in order to manage the use of the Application and the Website by the users and to ensure proper functioning. COVERTIZER will not communicate Personal Data to any commercial partner without specific and prior agreement.

 

However, Personal Data collected may be shared with third-party companies in the following cases :

  •  When COVERTIZER uses the services of providers to host its databases, identified in Article 15.3 of these Terms and Conditions
  •  When COVERTIZER uses the services of a service provider as part of its service provision
  •  If required by law, COVERTIZER may perform the data transmission in response to any claims against COVERTIZER complying with any obligations arising  from any administrative or judicial proceedings.

 

The recipients of the User’s Personal Data are listed below:

  •  COVERTIZER
  •  COVERTIZER staff

 

For purposes of improvement to service and media, the User email address is communicated to this dataprocessor :

  •  Yobitrust (www.yobitrust.com)

 

Providers and subcontractors are equally subject to strict obligations of confidentiality and security of Personal Data.

 

Article 5.9 Transfer of Personal Data outside the European Union

 

In certain cases, the User’s Personal Data may be transferred to countries outside the European Union.

In such a case, COVERTIZER first ensures that the country in question confirms officially that it guarantees a level of protection of Personal Data equivalent to that provided within the European Union.

Failing this, and in accordance with applicable regulations, COVERTIZER guarantees to strictly control these transfers outside the European Union. These guarantees may include binding corporate rules (BCR), standard contractual clauses, the adoption of a code of conduct or certification.

 

The User may at any time request to consult the documents related to forementioned guarantees by sending a request to: contact@covertizer.com

 

 Article 5.10 Implementation of the rights of the User regarding personal data

 

In application of the regulations concerning Personal Data, the User reserves the following rights:

  •  The User may update or delete his personal data by contacting COVERTIZER.
  •  The User can exercise his right of access personal data concerning him/her.
  •  If the Personal Data held by COVERTIZER is inaccurate, the User may request the information be updated
  •  The User may at any time oppose the processing of his personal data by contacting COVERTIZER.
  • The User may also request the communication of all Personal Data applying his right of portability.

 

 In order to exercise legal rights ,the User is required to communicate his/her request by postal letter to the address of the head office of COVERTIZER indicated in the header of these Terms and Conditions, or by email to the following address: contact@covertizer.com, indicating : surname, first name, date and place of birth, postal and electronic address and all relevant identity details.

 

 It is reminded that the User has the possibility in case of dispute relative to the processing of his Personal Data, to lodge a complaint with the independent administrative authorities apt in these specific matters CNIL for France: www.cnil.fr

 

Article 5.11 Cookies

 

The user is informed of the option permitted to COVERTIZER to set up automated data collectors system (“cookies”) in order to identify the user and his/her successive visits to the Site so as to improve the Service.

 The cookie is a computer file, stored for a limited time on the hard disk of the User’s computer. The user retains the possibility to oppose registration of cookies by configuring his Internet browser.

 

Article 5.12 Exemption from liability

 

 COVERTIZER undertakes to take all recognized technical precautions to preserve the security of personal data and in particular to prevent data from being distorted, damaged or communicated to unauthorized third parties.

 

Nevertheless, each user recognizes that in the current state of the art, whenever he provides personal information online, this information can be collected and used by third parties.

 

Therefore, the user releases COVERTIZER from any responsibility or harmful consequences of the use by third parties of any information exchanged through the interaction with tools offered by the Application and by the Site.

 

ARTICLE 6 – CONDITIONS APPLICABLE TO SERVICES THAT MAY BE OFFERED

 

COVERTIZER offers its Users two formulas that allow them to access the various services and multiply creation, publishing  and storage of Smartcovs:

  •  the “Free” formula: the User has the right to design a single Smartcov for free without the application of the watermark ©COVERTIZER. When this possibility is exhausted, every smartcov created will mention ©COVERTIZER. The user can store 3 Smartcovs on his profile.
  •  the “No Watermark” formula: requiring the payment of the sum of 5 euros, the User may create 10 Smartcovs without the application of the watermark ©COVERTIZER and has access to the « modify » feature as well as storage of 10 Smartcovs on the website .

 

COVERTIZER is free to propose Users additional promotional offers limited in time.

 

 

ARTICLE 7. PAYMENT TERMS APPLICABLE TO SUBSCRIPTIONS VIA THE SCHERLOCK’S SYSTEM

 

Online banking transactions from the COVERTIZER Application and the COVERTIZER Website are secured by SHERLOCK’S – E-commerce payment solution developed by the LCL bank.

 LCL uses the 3D SECURE Visa and Master Card technology that allows online authentication of Users by their bank as part of remote payments.

 LCL ensures the security of credit card transactions and guarantees the security of payments that take place from the Application and the Website.

By subscribing to the paid fomula offered by the COVERTIZER Website and Application, the User undertakes to read and accept before any payment process the General Terms and Conditions of Membership for the secure payment system by credit card such as they are provided by the LCL bank.

 

(Link to the LCL General Conditions – Sherlock’s).

 

 COVERTIZER works in close collaboration with the LCL banking institution to guarantee the security of online transactions but can in no way be held responsible for LCL’s actions in the management of the Website and Application user transactions, the latter remaining independent of his /her will.

 

ARTICLE 8 INTELLECTUAL PROPERTY

 

Article 8.1 Content of the Site, Application and Services

 

 The content of the Site, the Application and the use of the Services, protected by law and in particular the provisions of the Intellectual Property Code, are exclusively intended for personal information and use by the user who benefits from a private, non-collective and non-exclusive right of use.

 

The COVERTIZER Website and mobile versions of the application as well as any application or software necessarily used in connection with COVERTIZER may contain confidential information protected by the law of intellectual property in force or any other law. Thus, unless otherwise stated, the intellectual property rights in the documents and elements contained in the Site and in the Application as well as each of the elements created for this site are the exclusive property of COVERTIZER, which does not grant any license, nor any rights other than to consult the Application and the Website.

 

 The reproduction of all documents and elements published on the Website and the mobile Application is authorized only  for the exclusive purposes of personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.

 

 It is also forbidden to copy, modify, create a derivative work, invert the design or assemble or in any other way attempt to find the source code (except in cases provided for by law), sell, assign, under – license or transfer in any way, any rights relating to software. It is also forbidden to modify the software or to use modified versions of the software and in particular (without this enumeration being exhaustive) in order to obtain unauthorized access to the service and/or to access the Website and the Application by any means other than the interface provided to you by COVERTIZER for this purpose.

 

Article 8.2 Importing banners and logos

 

COVERTIZER company’s specific banners and logos are designed for operations with other partners, eventhough put online at their own initiative, can not be imported by third parties on a Website or any other type of support without the express authorization from COVERTIZER. This authorization may occur in context of a partnership with other entities, named by name, and strictly under conditions determined by COVERTIZER.

 

In all cases, COVERTIZER retains all intellectual property rights relating to these elements and reserves the right, at any time, without notice and without having to justify its decision, to prohibit use by third parties concerning of information as defined above. In this case, COVERTIZER will inform the person/persons concerned who will have 8 working days to terminate all relative practices under strain of prosecution.

 

 

 

Article 8.3 Trademark(s)

 

The brand “COVERTIZER” and the associated logo (s) are protected trademarks in France and abroad. Unless expressly authorized by COVERTIZER, any use of this mark as well as any other trademarks, figurative or not, visibly belonging to COVERTIZER or to third parties having been granted the rights of exploitation by COVERTIZER, exposes the user to criminal and civil proceedings in accordance with the laws of the Intellectual Property Code.

 

Article 8.4 Intellectual Property of Users

 

COVERTIZER does not acquire any intellectual property rights on the content posted by the Users All content remains the exclusive property of the User 

 

The User who makes available this content to other users, accepts that they have access to this content, for free, and for exclusively personal purposes, for the duration of hosting this content on the Application and the Website. For any other use, a user must obtain the express authorization of the User who is the lawful content owner.

 

The User authorizes the Website and the Application to reproduce and represent the content and to adapt the format as necessary. The content posted by the User are not protected against any form of diversion and / or hacking related to Internet ,risks which COVERTIZER can not be held responsible for under any circumstances. It is the User’s sole responsibility to take all appropriate measures to protect his data.

 

ARTICLE 9. COMMITMENT AND RESPONSIBILITY OF USERS.

 

Article 9.1 General user behavior

 

 In the event that the User suspects a third party has accessed his Account, he must proceed to immediately inform COVERTIZER by email at the address contact@covertizer.com, so that COVERTIZER can proceed to the suspension of the Account, which can then be reactivated by the User using new Identifiers transmitted by COVERTIZER by email.

 

The User declares and acknowledges that all information, data, texts, music, sounds, photographs, images, videos, messages or any other content that he / she distributes on the Website and on the  Application (Hereinafter referred to as  « Content”) ) are under his/her sole and exclusive responsibility.

 

The User undertakes to not publish Content contrary to the laws and regulations in force.

 

In particular, the User is forbidden:

  •  to disseminate information contrary to public order or morality,
  •  to divert the purpose of the Services to propaganda or proselytizing, prospecting or soliciting,
  • publish commercial, promotional or promotional information in favor of tobacco, alcohol, or any other controlled substance, product or service,
  • to broadcast Content that violates the personality rights of third parties or is defamatory, abusive, obscene, pornographic, offensive, violent or inciting discrimination, political, racist, xenophobic, sexist or homophobic violence,
  • to publish information contravening the legislation on the protection of personal data allowing the identification of natural persons without their consent, including their last name, postal and / or electronic address, telephone, photograph, audio or audiovisual recording, or to collect and store personal data relating to other users,
  • to fraudulently access the Website, the Application and their Services, as indicated in the Terms of Use for the Site and the Application,
  • transmit any message containing computer viruses or any other code, file or program designed in particular to interrupt, destroy or limit the functionality of any software, computer, or telecommunication tool,
  • to harass in any way another or more other users,
  • to give information to other sites (whether by creating hypertext links or simply providing information) whose content would be likely to violate any law or regulation in force, and in particular would be likely to bring infringement of the rights of persons and goods and / or intellectual property rights.

 

The User also refrains from infringing the intellectual property rights of third parties.

 

 The User undertakes to respect the laws and regulations in force and to use only contents (texts, photos, videos …) of which he has legal rights, for which the owner of these rights has given his express consent for their dissemination, or which are free of all copyrights.

 

 As a reminder, the Code of Intellectual Property prohibits any representation or reproduction in whole or in part, made without the consent of the author or his successors. Only “analyzes and short quotations justified by critical, controversial, educational, scientific or informative” are allowed, subject to the indication of the name of the author and the source.

 

 The User guarantees to COVERTIZER that he has all necessary legal rights for the publication of the Contents he/she proposes to COVERTIZER and it’s services

 

Rights include, in particular, authorisations relating to personality, copyrights, trademark rights, etc.

 

The User agrees to indemnify COVERTIZER from any damage directly or indirectly related to the non-respect of this guarantee.

 

 Article 9.2 Fraudulent behavior

 

Any user who acts in violation of these Terms of Use is liable to civil or criminal proceedings that specifically punish infringement of copyright, neighboring rights, rights of producers of databases and systems. automated data processing.

 

The user is reminded that the Penal Code (article 323-1 and following) sanctions with penalties of up to five years imprisonment and 75000 euros fine, including:

  • fraudulent access and retention in an automated data processing system,
  • the deletion, modification or fraudulent addition of data in this system,
  • hindering this system by any means whatsoever

 

Criminal proceedings may be instituted by COVERTIZER against the user who does not respect these provisions.

 

Article 9.3 Duty of vigilance – Means implemented to combat illicit activities

 

Each user acknowledges that he / she is informed that a posteriori moderation is implemented to control, delete or modify the contents published by Users that appear contrary to the laws and regulations in force, or that have been reported as such by the judicial authority.

 

Each user acknowledges being informed that an alert system is made available at any time to any person wishing to report the publication on the COVERTIZER Services of any message of a contentious nature to which he/she would be aware including those which would fall under the offenses provided for in Articles 24 paragraphs 5 and 8 of the Press law and 227-23 of the Penal Code such as the apology for crimes against humanity, incitement to racial hatred, child pornography, in accordance with the provisions of Article 6 – I – 7 paragraphs 3 and 4 of the law for Confidence in the Digital Economy of June 21, 2004.

 

To exercise this faculty, the user must address to COVERTIZER an email at the following address contact@covertizer.com taking care to identify the message in dispute, and to explain in what way it is contrary to the laws and regulations in force, then provide, for natural persons, their surname, first name, address and telephone number, and for legal persons, their name, business name, address, telephone number and the identity of their legal representative.

 

 It is understood that the abuse of this faculty is likely to engage the responsibility of the person who exercises it and is likely to give rise to legal proceedings:

  • the posting of a message or activity as illegal for the sole purpose of securing its removal or ceasing its dissemination, knowing that this information is inaccurate,
  • the denunciation, carried out by any means of communication, including electronically and directed against a particular person, of an act which is liable to lead to judicial sanctions, and which is wholly or partly known to be incorrect.

 

ARTICLE 10. ACCESSIBILITY TO THE SITE AND THE APPLICATION

 

To access and use the Site and the Application as well as their Services, the user must have equipment, software and parameters necessary for the proper functioning of the Application and the Website. The User must have the skills, hardware and software required for the use of the Internet.

 

The user is informed of the constraints and limitations of the Internet, especially in terms of:

  • data transmission and possible data breaches;
  • unsecured continuity in accessing the Site or the various Services offered by the Site;
  • technical constraints that are not under the control and responsibility of COVERTIZER.

 

 In any case, COVERTIZER cannot be held responsible for these risks and their consequences, harmful, whatever their extent, for the User. COVERTIZER being held to a simple obligation of means.

 

It is the responsibility of each user to take all appropriate measures to protect their own data, software and hardware from contamination by viruses or other forms of attack that may be circulating through the Website and the Application.

 

COVERTIZER does not guarantee the maintenance of all or part of the services offered, in particular for reasons of maintenance and upgrading. Access may also be interrupted for any reasons, technical or otherwise. COVERTIZER is not responsible for these interruptions and the consequences that may result for Users or third parties.

 

ARTICLE 11. LIMITATION OF WARRANTY AND LIABILITY OF COVERTIZER

 

Article 11.1 COVERTIZER is an intermediary who can not be held liable because of an online service

 

As already stated, COVERTIZER is a simple intermediary between the users of its Application and Website. In this context, each User accepts and expressly acknowledges that COVERTIZER can not be held liable for Smartcovs presented by Users, including:

  • the presentation of the Smartcov including all texts;
  • the progress of the Smartcov;
  • delays or cancellations;

 

 COVERTIZER is therefore not responsible for the actions or omissions of Users who remain solely responsible for the entirety of their contents.

 Also, the User warrants and agrees to indemnify COVERTIZER against any damage suffered by the latter in relation to a Smartcov and expressly guarantees against any action for liability that would be brought against COVERTIZER by a user because of the presentation, progress or realization of a Service published on the Site and the Application.

 

 

Article 11.2 Quality of content host 

 

In its capacity as host, COVERTIZER is subject to a weakened liability regime provided for in Articles 6.I.2 and following of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy. Thus, COVERTIZER can not be held liable for activities or stored information if it did not have actual knowledge of their unlawful nature or if, from the moment it became aware of it, COVERTIZER acted promptly to remove such data, or make access impossible.

 

ARTICLE 12. TERMINATION / SUSPENSION

 

In addition to the aforementioned assumptions that entitle COVERTIZER to permanently or temporarily suspend a User’s Account and access to the Services, COVERTIZER reserves the right to suspend immediately or without notice, temporarily or permanently, any Personal Account of a User who COVERTIZER estimes has violated the Terms or has committed any illegal act.

 

These Terms may be terminated by COVERTIZER subject to a notice period of 30 (thirty) days.

 

ARTICLE 13. NOTIFICATIONS

 

Unless expressly stated otherwise, notifications between the Parties are communicated by email.

 

ARTICLE 14. ASSIGNMENT – DIVISIBILITY

 

COVERTIZER reserves the right to assign to any third party of its choice all or part of its rights and obligations under these Terms implying acceptation by the User, without reservation.

 

In the event that one or more provisions contained in the Terms of Use are declared null, the validity of all other present provisions is in no way affected.

 

ARTICLE 15. LEGAL NOTICES

 

Article 15.1 Owner of the Website and the Application

 

The user is informed that the Website and the Application belong to the company POSSUM SOCIETY, simplified joint-stock company with capital of 38.112,25 Euros, whose head office is located, 13 rue Thérèse, 75001 PARIS, registered at the Paris Trade and Companies Registry of Paris under number 383 244 506.

 

Article 15.2 Director of publication

 

The Publication Director of the Site and the Application is Mr Gérard MANZETTI whose email address is: gm.covertizer@gmail.com

 

Article 15.3 Hosting the Website and the Application

 

The Website and the Application are hosted by the company OVH, a simplified joint-stock company with capital of 10 174 560.00  Euros, whose head office is located, 2 rue Kellermann, 59100 ROUBAIX, registered at the Paris Trade and Companies Registry of Lille Métropole under the number 424 761 419.

 

 ARTICLE 16. APPLICABLE LAW AND JURISDICTION

 

The non-compliance by a user, regardless of location, of any of the provisions of these Terms and more generally any difficulty affecting its performance, its interpretation or its validity, are subject to French law and the exclusive jurisdiction of the courts of PARIS.

PRIVACY POLICY

PRIVACY POLICY

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COVERTIZER remains concerned about the privacy of its users and is committed to ensuring the effective protection of personal data being communicate to us. The purpose of this Privacy Policy is to inform the User of the way in which his personal data are processed and to enable him to exercise his rights over them.

 As a result, the User is invited to read the entire document. For any question about the Privacy Policy, the User has the possibility to send an email to the following address: contact@covertizer.com.

 

  1. DATA CONTROLLER 

 

The data controller of the “Covertizer” Users is POSSUM SOCIETY, owner of the Application and the “Covertizer” Website, whose registered office is located at 13 rue Thérèse, 75001 PARIS. The User may contact COVERTIZER by mail at the above address, or by email at the following address: contact@covertizer.com.

 

  1.  PERSONAL DATA PROCESSED AND COLLECTED

 

To be able to connect and use the “Covertizer” application and the Website, the User must communicate the following data:

  • Mail address
  •  Pseudonym
  •  Password
  • Videos and Photos content 
  •  Views
  • Comments
  • Bank, PayPal and/or personal payment details

 

Some of this information must be filled in during the creation of the User’s profile (Mail address, Pseudonym, Password), while the others are communicated to us within the framework of the usual use of the “Covertizer” application or the browsing on the “Covertizer” website.

In addition, when the User uses the application “Covertizer” or when he browses our website, some data is automatically collected from his device or internet browser:

  • Country and City via the IP address of the terminal
  • Cookies (statistics of use of the site)
  • Language
  • Phone model and features (operating system and version, camera model)
  • Account Data
  •  
  1. PURPOSE(S) OF TREATMENT

 

The User’s personal data is processed for the following purposes:

  • Creation of the User Profile
  •  Organization of the user’s photo and video content
  • Interaction between user’s profiles
  •  Creation and management of the Professional Account of the User
  • Sending Newsletters
  •  Analysis of the use and functions of the COVERTIZER Application and Site

 

COVERTIZER  undertakes to never treat the personal data of the User for purposes other than those stated, without the prior and specific consent of the latter.

 

  1. LEGAL BASES (S)

 

On accordance with Article 6 of the General Rules on the Protection of Personal Data (GRPD), it is required that each processing of the personal data of the User is based on a legal basis. The processing of personal data alternatively rest on the following bases :

  • The specific and prior consent of the User; or
  •  The necessity for processing informations for the purpose of executing the contract concluded between the User and COVERTIZER

 

  1. MANDATORY CHARACTER

 

The communication of certain personal data is necessary to the creation of a personal account of the User on the Application and the Site “Covertizer” permitting the services (mail, pseudonym, password).

 If the User does not wish to communicate these essential data, we can not guarantee access to the COVERTIZER Services.

 COVERTIZER requests the express and prior consent of each User regarding the collection of analytical data of the cookie type as well as in regards to their subscription to the COVERTIZER newsletter.

 The validation of these Privacy Policy by the User constitutes acceptance by she/he of COVERTIZER’s use of Personal Data in accordance with the terms and conditions described in these Terms of Use as well as in the “Cookies Use Policy” posted on the Website. 

 The User has the right to withdraw his consent freely and at any moment of processing of his Personal Data regardless of prior consent.

 In a case where the User withdraws his consent, COVERTIZER undertakes to cease processing and delete the personal data exclusively related to the User.

 

  1. AUTHORIZATION OF MINORS

 

When personal data processing concerns a minor under the age of 15, regulations require that consent to treatment be given by an adult possessing official parental authority.

 

COVERTIZER will apply all available means, using available technologies, to obtain the consent of an adult representative possessing official parental authority

 

  1. COOKIES

 

In view of the particularity of the issue of cookies, the User is invited to consult the “Cookies Use Policy” on the Application and the “Covertizer” Website.

 

  1. DURATION OF CONSERVATION

 

COVERTIZER undertakes to keep the personal data of the User for the time necessary for purposes of the processing. The personal data are kept by COVERTIZER for the durations indicated below:

  • User Identification Data : Deleted upon deletion of the account
  • User details : deleted when deleting the account
  • Cookies : 13 months
  • Newsletter subscriber details : deleted when deleting the account
  • Photos and Videos : Anonymized to account deletion

 

  1. STORAGE AREA

 

Personal data is mainly stored in databases located within the European Union.

 Nevertheless, in the context of the necessary communication of your personal data to our service providers, these data are in certain cases likely to be transferred outside the European Union. We invite the User to read the provisions relating to international transfers, present in article 5.9 of the General Conditions of Use.

 

  1. SHARING WITH THIRD PARTIES

 

The personal data collected may be shared with third-party companies when COVERTIZER uses providers to host its databases (OVH, https://www.ovh.com/en/), to providers as part of the delivery service or, if required by law, to respond to the claims against COVERTIZER and to comply with the obligations resulting from administrative and judicial proceedings.

 The recipients of the data people who are processed are COVERTIZER and staff.

 For the purpose of improving the service and technical support, COVERTIZER communicates the User’s email address to a subcontractor, YOBITRUST (www.yobitrust.com).

 COVERTIZER undertakes to transmit the personal data of the User only to providers with sufficient guarantees regarding the protection of personal data and to strictly supervise the processing of personal data made on his behalf and his subcontractor.

 

  1. USER RIGHTS

 

In application of the regulations on personal data, the User has the following rights:

  • The User may update or delete his personal data by contacting COVERTIZER.
  •  The User can exercise his right of access personal data concerning him/her.
  •  If the Personal Data held by COVERTIZER is inaccurate, the User may request the information be updated
  •  The User may at any time oppose the processing of his personal data by contacting COVERTIZER.
  • The User may also request the communication of all Personal Data applying his right of portability.

 

In order to exercise legal rights ,the User is required to communicate his/her request by postal letter to the address of the head office of COVERTIZER indicated in the header of these Terms and Conditions, or by email to the following address: contact@covertizer.com, indicating : surname, first name, date and place of birth, postal and electronic address and all relevant identity details.

 

 It is reminded that the User has the possibility in case of dispute relative to the processing of his Personal Data, to lodge a complaint with the independent administrative authorities apt in these specific matters CNIL for France: www.cnil.fr

 

  1. EVOLUTION OF THE PRIVACY POLICY

 

COVERTIZER reserves the right to make any changes to this Privacy Policy at any time. If a change is made to this Privacy Policy, COVERTIZER undertakes to publish the new version on its Site and mobile Application.

 The User will be informed of any change by email, within a minimum period of 7 days before the effective date. If the User does not agree with the new wording, he has the possibility to request the deletion of his personal data.