Terms of Service and Data Privacy

ARTICLE 1 : Subject

The present "terms of service" aim at providing the legal framework for the conditions of provision of the services of the application Mark and their use by the "User".

The Terms of Service must be accepted by the User who wish to access the application. They constitute the contract between the application and the User. L’accès à l'application par l’Utilisateur signifie son acceptation des présentes conditions générales d’utilisation. The subscribtion to the application by the User means acceptance of these terms of service.

ARTICLE 2 : Legal Notice

The edition of the Mark application is provided by the physical person Claire Chabas whose head office is located in Paris, France.

The director of the publication and data protection officer is Mrs. Claire Chabas.

The hosting provider of the application Mark is the Company OVH SAS with a capital of 10 069 020 € whose head office is located at 2 rue Kellermann - 59100 Roubaix - France.

ARTICLE 3 : Definitions

The present clause aims at defining the different essential terms of the contract :

ARTICLE 4 : Access to services

The application allows the user free access to the following services:

The application is accessible free of charge anywhere to any User with access to the Internet. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at the charge of User and under his responsibility.

The non-Member User does not have access to member services. For this, he must identify himself using his email address and password.

The application implements all the means at its disposal to ensure a quality access to its services. The obligation being of means, the application does not commit to reaching this result.

Any event due to a case of force majeure resulting in a malfunction of the network or the server does not engage Mark's responsibility.

Access to the application's services may at any time be subject to interruption, suspension, modification without notice for maintenance or for any other case. The User commits to not claim any compensation following the interruption, the suspension or the modification of the contract.

The User can contact the application by e-mail at contact@getmark.app.

ARTICLE 5 : Intellectual property

The trademarks, logos, signs and any other content of the application are protected by the Code of Intellectual Property and more specifically by copyright.

The User requests the prior authorization of the application for any reproduction, publication, copy of the different contents.

The User agrees to use the contents of the application in a strictly private setting. Use of the content for commercial purposes is strictly prohibited.

Any content posted by the User is his sole responsibility. The User agrees not to put on line content that may undermine the interests of third parties. Any legal action brought by an injured third party against the application will be supported by the User.

The content of the User may be at any time and for any reason deleted or modified by the application. The User may not receive any justification and notification prior to the deletion or modification of the User Content.

ARTICLE 6 : Personal data

The information required for registration to the application is necessary and mandatory for the creation of the User's account. In particular, the email address may be used by the application for the administration, management and animation of the service.

The application assures the User a collection and treatment of personal information in respect of privacy in accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms.

Under Articles 39 and 40 of the law dated January 6, 1978, the User has a right to access, rectify, delete and oppose his personal data. The User exercises this right via:

A. Collecting personal information

The following types of personal information may be collected, stored, and used:

  1. Your email address, that you enter when you create an account.
  2. Your firstname, that you enter when you create an account.
  3. Your password, that you enter when you create an account.
  4. Your profile picture (optional), that you enter when you create an account.
  5. The information about the pages you save using the application.

B. Using your personal information

Personal information submitted to us through the application Mark will be used for the purposes specified in these terms of service. We may use your personal information for the following:

  1. administering Mark;
  2. personalizing Mark for you;
  3. enabling your use of Mark's services;
  4. sending you non-marketing non-commercial communications;
  5. sending you email notifications that you can unsubscribe at anytime in your personal account in Mark or via the unsubscribe link in each email;
  6. sending you email newsletter that you can unsubscribe at anytime in your personal account in Mark or via the unsubscribe link in each email;
  7. sending you email marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, and that you can unsubscribe at anytime in your personal account in Mark or via the unsubscribe link in each email;
  8. providing third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
  9. dealing with inquiries and complaints made by or about you relating to Mark;
  10. keeping Mark secure and prevent fraud;
  11. verifying compliance with the terms and conditions governing the use of Mark (including monitoring private messages sent through Mark);
We will not supply your personal information to any third party for their or any other third party’s direct marketing.

C. Disclosing personal information

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors as reasonably necessary for the purposes set out in this policy.

We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) as reasonably necessary for the purposes set out in this policy.

We may disclose your personal information:

  1. to the extent that we are required to do so by law;
  2. in connection with any ongoing or prospective legal proceedings;
  3. in order to establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
  4. to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
  5. to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
Except as provided in this policy, we will not provide your personal information to third parties.

D. International data transfers

  1. Information that we collect may be stored, processed in, and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
  2. Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China, and India.
  3. You expressly agree to the transfers of personal information described in this Section D.

E. Retaining personal information

  1. This Section E sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations regarding the retention and deletion of personal information.
  2. Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  3. Notwithstanding the other provisions of this Section E, we will retain personal data:
    1. to the extent that we are required to do so by law;
    2. if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
    3. in order to establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

F. Security of your personal information

  1. We will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your personal information.
  2. We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
  3. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
  4. You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

G. Amendments

We may update this policy from time to time by publishing a new version of Mark. You should check this page occasionally to ensure you understand any changes to this policy. We may notify you of changes to this policy by email.

H. Your rights

We may withhold personal information that you request to the extent permitted by law.

You may instruct us at any time not to process your personal information for marketing purposes.

By creating an account for Mark you expressly agree in advance to our use of your personal information for marketing purposes, and we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

I. Third party websites

Our website includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of third parties.

J. Updating information

Please let us know if the personal information that we hold about you needs to be corrected or updated.

K. Cookies

Mark uses cookies. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies. We use only persistent cookies on Mark.

  1. The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:
    • ✔ id : contains the user's ID. Mark needs it to identify the user to make sure a user action is linked to the correct user.
    • ✔ token : contains the user's authentication token allowing Mark to make sure the user is logged in and that his action only impact his personal user account.
  2. Most browsers allow you to refuse to accept cookies—for example:
    1. in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking “Tools,” “Internet Options,” “Privacy,” and then “Advanced”;
    2. in Firefox (version 24) you can block all cookies by clicking “Tools,” “Options,” “Privacy,” selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and
    3. in Chrome (version 29), you can block all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings,” and “Content settings,” and then selecting “Block sites from setting any data” under the “Cookies” heading.
    Blocking all cookies will have a negative impact upon the usability of Mark. If you block cookies, you will not be able to use Mark's features as Mark's services require to authentify the user in order to work.
  3. You can delete cookies already stored on your computer—for example:
    1. in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835 );
    2. in Firefox (version 24), you can delete cookies by clicking “Tools,” “Options,” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies,” and then clicking “Remove All Cookies”; and
    3. in Chrome (version 29), you can delete all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings,” and “Clear browsing data,” and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data.”
  4. Deleting cookies will have a negative impact on the usability of Mark.

ARTICLE 7 : Liability and force majeure

The sources of information displayed on the application are deemed reliable. However, the application reserves itself the faculty of a non-guarantee of the reliability of the sources. The information given on the application is for information purposes only. Thus, the User assumes sole responsibility for the use of the information and contents of this application.

The User makes sure to keep his password secret. Any disclosure of the password, regardless of its form, is prohibited.

The User assumes the risks associated with the use of his email address and password. The application declines any liability.

Any use of the service by the User resulting directly or indirectly in damages must be compensated at the benefit of the application.

An optimal guarantee of the security and the confidentiality of the transmitted data is not ensured by the application. However, the application is committed to implementing all necessary means to ensure the best security and confidentiality of data.

The responsibility of the applicatin can not be engaged in case of force majeure or of the unpredictable and insurmountable doing of a third.

ARTICLE 8 : Hypertext links

Many outgoing hypertext links are present on the application, however the web pages where these links lead do not engage the responsibility of Mark which does not have the control of these links.

The User is therefore prohibited from engaging the responsibility of the application concerning the content and resources relating to these outgoing hypertext links.

ARTICLE 9 : Evolution of the contract

The application reserves itself the right at any time to modify the clauses stipulated in this contract.

ARTICLE 10 : Duration

The duration of the present contract is indefinite. The contract has effect with respect to the User starting at the use of the service.

ARTICLE 11 : Applicable law and competent jurisdiction

French law applies to this contract. In case of absence of amicable resolution of a dispute born between the parties, only the courts within the jurisdiction of the city of Paris are competent.