Customer: any professional or natural person capable within the meaning of articles 1123 and following of the Civil Code, or legal person, who visits the Site subject to these general conditions.
Site and Services: klona.io is a website of the company KREADC which provides Customers with a platform and an application for management and participation in collaborative online virtual worlds called “KLONA”
Content: All the elements constituting the information present on the Site, in particular texts – images – videos – 3D files.
Customer information: Hereinafter referred to as “Information(s)” which correspond to all personal data that may be held by klona.io for the management of your account, customer relationship management and for analysis and statistical purposes.
User: Internet user or employee of a company connecting to, using the above-mentioned site or application.
Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply” (Article 4 of Law No. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
2 Presentation of websites.
Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the websites are informed of the identity of the various parties involved in its implementation and monitoring:
Owner: SAS KREADC Share capital of €4,000 SIRET number : 89505989700010 RCS Paris – 15 Rue des Halles 75001 PARIS
Publication manager: firstname.lastname@example.org The publication manager is a natural person or a legal person.
Webmaster : email@example.com
Hosting : GANDI SA
Website and data hosting: Europe
Data Protection Officer: Nicolas DESSEAUX – firstname.lastname@example.org
3 General conditions of use of the site and the services offered.
The Site and the Services (1) constitute an intellectual work protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Customer may not in any way reuse, assign or exploit for his own account all or part of the elements or works of these services (1).
The use of the Site and the services (1) of klona.io implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, so klona.io users are invited to consult them regularly.
This Site and these services (1) are normally accessible to users at any time. An interruption due to technical maintenance may however be decided and will then endeavor to communicate to users before the dates and times of the intervention. The Site and the services (1) are updated regularly. In the same way, the legal notices may be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to become acquainted with them.
4 Description of theSite and the services(1) provided.
The website www. klona.io purpose is to provide information regarding the use of the KLONA application. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether by itself or by third party partners who provide it with this information.
The KLONA online application aims to offer a 3D solution to realize and participate in events in virtual worlds. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether by itself or by third party partners who provide it with this information.
All the information indicated on the Site and the Services (1) are given as an indication, and are subject to change. In addition, the information on the Site and the Services (1) are not exhaustive. They are given subject to changes that have been made since they were put online.
5 User account.
In order to use and access certain sections and features of theSite and the services (1) issued by klona.io, you must first in most cases register and create an account with klona.io (“User Account”).
It is also possible if the Customer (1) has subscribed to the offer to use his own authentication provider (SSO)
If a third party accesses your User Account and/or the settings of your User Platform, that person will be able to do everything you can do (unless otherwise stated in the Site and Services (1)), modify your experiences and User Account and accept any legal terms arising therefrom, make representations and provide guarantees, among others and all such actions will be deemed to have been performed on your behalf and in your name.
Therefore, we strongly recommend that you maintain the confidentiality of your User Account credentials, and allow access to them only to trusted persons, as you will be fully responsible for the actions performed through your User Account and/or User Platforms (including all related representations, warranties and agreements), whether or not you have expressly authorized them, and any damages, costs or losses that may result from such actions.
You must provide accurate and complete information for which you exclusively hold the rights when you open your User Account and when you use the Site and the services (1) issued by klona.io. We strongly recommend that you provide your own (or your company’s) contact information and billing information, including a valid email address, as we may use it to identify you and verify that you are the true owner of the User Account and/or User Content (as defined below) that you submit to us.
6 Contractual limitations on technical data.
The Site and the Services (1) are hosted by service providers on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: n ° 2016-679)
The objective is to provide a Site and a Service (1) that ensure the best rate of accessibility. The hostensures the continuity of its service 24 hours a day, every day of the year. However, they reserve the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance purposes, improvement of its infrastructure, failure of its infrastructures or if the Services generate traffic deemed abnormal.
Klona.io, the company KREADC and the host can not be held responsible in case of malfunction of the Internet network, telephone lines or computer and telephony equipment related in particular to network congestion preventing access to the server.
It is appropriate for each User (1) of the service to check accessibility to the Site and the Services (1) via their local network, in the event of an access problem due to a configuration problem of the User’s (1) local network, the KREADC company and the hosts cannot be held responsible.
7 Intellectual property and counterfeiting.
7.1 Intellectual property of the Site and Services (1) of klona.io
klona.io owns the intellectual property rights and holds the rights to use all the elements deposited and created by KREADC and accessible on the Site and the Services (1), including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written permission of: SAS KREADC
Any unauthorized useof the Site and its services (1) or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
7.2 Your intellectual property
Klona.io offers its users the creation and distribution of virtual experiences online, and offers the upload of your multimedia content to our platform, using our platform:
- You confirm that you have all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by the Site and the services (1) of klona.io for you, on your User Platform (“User Content”), including any design, image, animation, video, audio file, font, logo, code, illustration, composition, work, interface, username, information provided by you for the purpose of creating a subdomain, text, literary work and other material (“Content”), or otherwise have (and will continue to have) full power, title, license, consent and authority over the User Content, as necessary for lawful access, import, copying, use, publication, transfer or licensing of such User Content, by you and us or any of our affiliates;
- You own (and will maintain) full authority, title, license, consent and authority to authorize access to any website, web page and/or other online service to the Site and io services to import, copy, display, upload, transmit and/or otherwise use your User Content.
- the User Content is (and will continue to be) true, current, accurate, does not infringe any third party rights, and in any way unlawful to upload, upload, copy, possess, post, transmit, display, or otherwise use, in the country where you, your visitors and users of the User Platform (“End Users”) reside or to klona.io or End Users to access, import, copy, upload, use or do so in connection with the Site and the services (1) of klona.io.
- You have obtained all consents and permissions required under any applicable legislation with respect to the display, transmission and publication of any personal information and/or any information involving publicity rights or likeness to any person, entity or property forming part of the User Content, and you agree to comply with the laws relating thereto.
Since between klona.io and you, it is up to you to own all intellectual property relating to your User Content and any other material created by you, including any design, image, animation, video, audio file, font, logo, illustration, composition, work, code, interface, text and literary work, KREADC does not claim any ownership rights in your content. For the sole purpose of providing you with the service, You know and agree that we will need to access, upload and/or copy your User Content on our platform, including cloud and CDN services, to make display settings, to duplicate in order to save and to perform any other activity and/or technological use to operate our services, as we think fit.
8 Service Fees
8.1 Paid services
The use of services (1) of klona.io may be subject to the payment of specific fees, the amount of which is determined by KREADC in its sole discretion (“Paid Service” and the “Fees”, respectively). KREADC will notify of such then-current Fees in respect of such Paid Services. If you wish to use or benefit from these Paid Services, you will be required to pay all applicable Fees in advance.
KREADC will issue an invoice or credit note for any payment of Fees or reimbursement made to or by KREADC (“Invoice”). Each Invoice will be issued electronically and according to the country indicated in your billing address. It will be made available to you via your User Account and/or by email. For the purpose of issuing the Invoice, you may be required to provide certain Personal Information (as that term is defined in Personal Data Management) to comply with local law. Please note that the Invoice presented in your User Account may not meet the requirements of local law, and should be used for viewing purposes only.
8.3 Subscription auto-renewals
To compensate for any interruption or loss of services, certainservices (1) of paid klona.io include an automatic renewal by default, in accordance with this, these Paid Services will be automatically renewed at the end of the applicable subscription period, for a renewal period equal to the initial subscription period (excluding any extension periods) and unless otherwise notified, at the same price (subject to changes in applicable taxes and excluding any discount or promotional offer offered for the first term). For example, if the initial subscription period for a service is one month, each of the renewal periods (if any) will be one month. Accordingly and if applicable, KREADC will automatically send you an invoice for the payment of the applicable Fees within two (2) weeks prior to the commencement of this renewal period. If it is not possible for us to collect the Fees for you, we may in our sole discretion (but are not obligated to) try again at a later date, or suspend or cancel your User Account, without notice. If your Paid Service Renewal is subject to an annual or multi-year subscription period, KREADC will endeavor to notify you that such Paid Service must be renewed at least thirty (30) days prior to the renewal date.
8.4 Money Back Guarantee
If you are dissatisfied with the services (1) of klona.io subject to a Usage Period Fee or a subscription commitment, as part of the initial purchase of this service, you have the option to notify the cancellation, without any particular reason, within fourteen (14) days of the first order, or activation of this service (the “Refund” and the “Refund Period”). The Refund only applies to the initial purchase of s services (1) of klona.io as part of a upgrade of a subscription, by means of the purchase of a new offer. The Refund does not apply to any additional purchase, upgrading, modification or renewal of services (1) of klona.io. If you reside in a jurisdiction where the law establishes a longer Refund Period, we will of course be happy to comply with this requirement by adapting to all applicable laws. If KREADC receives such notification during the Refund Period, KREADC will refund you the amount you actually paid for such Services in the currency originally invoiced, and therefore cancel them. KREADC charges for these services in the currency used for the original billing, cancellation works on the same principle. Please note that the amount of the Refund may differ from the amount you were charged, due to fluctuating exchange rates or fees levied by a third party. KREADC is not responsible for any differences inherent in changes in currency exchange rates, or for any fees charged to you by third parties. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. In addition, if we find that the notification of cancellation was made in bad faith or as part of an illegitimate attempt to avoid payment for the services actually received and provided, we reserve the right to issue an invoice to the Customer who provided this notification for services (1) of klona.io actually received, to the extent permitted by law.
If at any time we become aware of a refusal, chargeback, or other chargeback of Fees (“Chargeback”), this will be considered a breach of your payment obligations hereunder, and your use of klona.io’sServices (1) may be automatically suspended or terminated.
9.1 Cancellation by the User
You may stop using and request to cancel your User Account and/or klona.io services (1) at any time, in accordance with the instructions available in klona.io’s services (1). The effective date and time for such cancellation is the date at which you have completed the cancellation process on klona.io’s Services (1), and the effective date of termination of the Paid Services will be the end of the subscription period relating thereto.
9.2 Cancellation by klona.io
Failure to comply with any of the klona.io Terms and /or pay any Fees due will entitle KREADC to suspend (until full payment) or cancel your User Account and User Platform (or certain functions thereof), as well as the provision of klona.io related services (1) (e.g. Paid Services) or Third Party Services.
9.3 Loss of Data, Content and Capacity
If your User Account, klona.io (1) services, or Third Party Services linked to your User Account are cancelled (whether at your request or at klona.io’s discretion), this may result in the loss of certain content, functionality or capabilities of your User Account, including User Content, End User data or other usage data retained in connection therewith. klona.io shall not be liable for any such Loss of Capacity, or for the recording of a backup copy of data from your User Account, User Content or End User Content. Please also note that Additional Fees may apply to a reactivation of a User Account and/or any (1) klona.io services as a result of their cancellation, as determined by klona.io in its sole discretion.
10 Limitations of Liability.
KREADC acts as publisher of the Site and Services (1) klona.io est responsible for the quality and veracity of the Content it publishes.
KREADC cannot be held liable for direct or indirect damage caused to the user’s equipment when accessing the x klona.io website, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
KREADC cannot also be held liable for indirect damages (such as for example a loss of market or loss of opportunity) resulting from the use of the services (1) of klona.io. Interactive spaces (possibility to ask questions in the contact area) are available to users. KREADC reserves the right to delete, without prior notice, any content posted in this space that would violate the applicable legislation in France, in particular the provisions relating to data protection. If necessary, KREADC also reserves the right to question the civil and / or criminal liability of the user, in particular in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photography …).
11 Management of personal data.
The Customer and the Users of the Site and Services are informed of the regulations concerning marketing communication, the law of 21 June 2014 on confidence in the Digital Economy, the Data Protection Act of 6 August 2004 and the General Data Protection Regulation (GDPR: No. 2016-679).
11.1 Responsible for the collection of personal data
For Personal Data collected as part of the creation of the User’s personal account and his navigation on the Site, the person responsible for processing Personal Data is: KREADC. KREADC is represented by DESSEAUX Nicolas, its legal representative
As the controller of the data it collects, KREADC undertakes to comply with the legal provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing operations in accordance with reality. Whenever KREADC processes Personal Data, KREADC takes all reasonable steps to ensure the accuracy and relevance of the Personal Data to the purposes for which KREADC processes it.
11.2 Purpose of the data collected
KREADC may process all or part of the data:
- To allow navigation on the Site and the management and traceability of the services ordered by the user: connection and use data of the Site, invoicing, order history, etc.
- To prevent and fight against computer fraud (spamming, hacking…): computer equipment used for browsing, IP address, password (hashed)
- To improve navigation on the Site: connection and usage data
- To conduct optional satisfaction surveys: surname, first name, email address
- To display the User’s business card to other participants (optional): surname, first name, email address, telephone number
- To carry out optional communication campaigns: telephone number, email address
KREADC does not sell your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
11.3 Sharing responsibility for the data collected and the purpose of the data collected with the Customer
The Customer may be led in the organization of his virtual world or his online event to wish a different management of personal data than that proposed in this document by the Site and the Services (1) of klona.io. In this case, the Customer must provide KREADC with a description of its own management of personal data. KREADC will set up on the Service (1) to klona.io a notification with approval that will be displayed when accessing the Customer’s virtual world to inform the User of the management and purpose of the Customer’s personal data.
This request is to be made to KREADC by the Customer and KREADC can not be held responsible in case of breach of this obligation.
The processing of personal data by the Customer outside the platform is under the sole responsibility of the Customer and the persons to whom the data will be communicated.
11.4 Right of access, rectification and opposition
In accordance with the European regulations in force, Users of klona.io services (1) have the following rights:
- Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users’ data right to block or erase Users’ personal data (Article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited
- Right to withdraw consent at any time (Article 13-2c GDPR)
- Right to limit the processing of Users’ data (Article 18 GDPR)
- Right to object to the processing of Users’ data (Article 21 GDPR)
- Right to the portability of the data that Users have provided, when these data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- Right to define the fate of Users’ data after their death and to choose to whom KREADC will have to communicate (or not) its data to a third party they have previously designated
As soon as KREADC becomes aware of the death of a User and in the absence of instructions from him, KREADC undertakes to destroy his data, unless their retention is necessary for probative purposes or to meet a legal obligation.
If the User wishes to know how KREADC uses his Personal Data, request to rectify them or oppose their processing, the User may contact KREADC in writing at the following address:
KREADC – DPO, Nicolas DESSEAUX
15 rue des Halles 75001 PARIS.
In this case, the User must indicate the Personal Data that he would like KREADC to correct, update or delete, by identifying himself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on KREADC by law, in particular with regard to the retention or archiving of documents. Finally, Users of KREADC’s services (1) may file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
11.5 Non-communication of personal data
KREADC is prohibited from processing, hosting or transferring the Information collected on its Customers to a country located outside the European Union or recognized as “unsuitable” by the European Commission without first informing the customer. However, KREADC remains free to choose its technical and commercial subcontractors provided that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
KREADC undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Customer Information is brought to the attention of KREADC, KREADC must promptly inform the Customer and communicate the corrective measures taken. In addition, KREADC does not collect any “sensitive data”.
The User’s Personal Data may be processed by subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of KREADC Users are mainly persons accredited by KREADC.
11.6 Incident notification
No matter how hard you try, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our clients of all matters relating to the security of their account and providing them with all necessary information to help them comply with their own regulatory reporting obligations.
No personal information of the user of theservices (1) of klona.io is published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of redemption of KREADC and its rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the user of theservices (1) of klona.io
To ensure the security and confidentiality of Personal Data and Personal Health Data, KREADC uses networks protected by standard devices.
When processing Personal Data, KREADC takes all reasonable measures to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.
12 Hypertext links “cookies” and internet tags (“tags”)
The services (1) of klona.io contain a number of hypertext links to other sites, set up with the permission of KREADC. However, KREADC does not have the possibility to check the content of the sites thus visited, and therefore assumes no responsibility for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You can disable these cookies at any time free of charge from the deactivation possibilities offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
A “cookie” is a small information file sent to the User’s browser and stored on the User’s terminal (e.g. computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, as well as the date and time of access. Cookies are in no way likely to damage the User’s terminal.
KREADC may process the User’s information concerning the use of its services (1). This information allows KREADC to improve the use of its services (1).
Cookies facilitate navigation and / or the provision of services offered by the Site, the User can configure his browser so that it allows him to decide whether or not he wishes to accept them so that Cookies are saved in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User can also configure his browser software so that the acceptance or refusal of Cookies is proposed to him punctually, before a Cookie is likely to be registered in his terminal. KREADC informs the User that, in this case, it is possible that the functionalities of its browser software are not all available.
If the User refuses the registration of Cookies in his terminal or browser, or if the User deletes those registered there, the User is informed that his navigation and experience on the Site may be limited. This could also be the case when KREADC or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
If necessary, KREADC declines all responsibility for the consequences related to the degraded functioning of the Site and KREADC services (1), resulting from (i) the refusal of Cookies by the User (ii) the impossibility for the services (1) KREADC to record or consult the Cookies necessary for their operation because of the User’s choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow you to know how the User can modify his wishes regarding Cookies.
At any time, the User may choose to express and modify his wishes regarding Cookies. KREADC may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus appearing on KREADC’s services ( 1) or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse KREADC’s services (1). Twitter, Facebook, Linkedin and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only placed on your terminals if you consent to them, by continuing to browse KREADC’s services (1). At any time, the User may nevertheless withdraw his consent for KREADC to deposit this type of cookie.
12.2 INTERNET TAGS
KREADC’s services (1) may occasionally use web beacons (also known as “tags”, or action tags, single-pixel GIFs, transparent GIFs, clear GIFs and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages thereof.
This technology allows KREADC to evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on Site activity for KREADC, and provide other services relating to the use of the Site and the Internet.
14 Applicable law and jurisdiction.
Any dispute in connection with the use of KREADC’s services (1) is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Commercial Court of Paris (France)
15 Final provisions
For marketing purposes only and unless expressly disagreed by the Customer notified in writing, KREADC reserves the right to mention the name of the Customer, together with its logo and a brief description of the use of KREADC’s services (1), in a list of its customer references. If KREADC wishes to present in more detail the projects carried out jointly with the Client, KREADC will request authorisation from the Client. In the event of a disagreement notified in writing by the Client, KREADC has a period of ninety (90) days from receipt to remove any mention of the Client from the list of its customer references.