Legal disclaimer

Last updated: 01/07/2020

Creator of this website:

COLLECONLINE Company.
SAS with share capital of 400,000 euros.
Headquartered at 87 Rue du Fontenoy, 59100 Roubaix.
Registered in the RCS of Lille Métropole under the SIRET 884459645.

Mail : contact@colleconline.com

Publication Director :
Mr SCHAPPACHER Loïc (in his capacity as president of the company CollecOnline).

Hosting:

This site is hosted by Microsoft Azure. Application data are hosted on Microsoft Cloud (Azure). They are geographically located in Microsoft's Western European hosting center in Ireland.

For more details, please check to: www.windowsazure.com

Terms and Conditions of Use

Last version updated on 01/07/2020
Version V.2.1

1. PREAMBLE


COLLECONLINE is a digital solution for art and collection management.

The purpose of the present General Terms and Conditions of Service is to define the conditions under which this Platform:

  • Allows the presentation and organization of Users' items and the contact between Users;
  • Provides tool to Users to manage their collections.


The purpose of these General Terms and Conditions is to define the terms and conditions under which the User is authorized to use the Platform. They prevail on any other document that could have been communicated to COLLECONLINE.

The practical General Terms and Conditions are those in effect from the date of the User's registration on the Platform. Please be aware that the Terms and Conditions of Use in French language prevail on any other translated ones available on the present page.

The present General Terms and Conditions of use are the property of COLLECONLINE. Any reproduction, even partially, is strictly forbidden.


2. DEFINITIONS


In the present contract, Terms of use and following expressions, if they begin with a capital letter, whether used in the singular or plurial, will have the meaning that follows :
« Subscription » : means the subscription to which the User subscribes and which allows him/her to use the Services and Tools. The description of the Subscriptions (free, standard, premium) is available on the Platform.

« User account » : designates the space dedicated to the User and to which he or she can access on the Platform using his or her username and password and in which certain information is displayed, the possibility of publishing or modifying his or her Profile, accessing the Mailbox, and the possibility of performing certain actions.

« Contract » or « General conditions » or « Terms of Service » : means present contract concluded between the User and COLLECONLINE, including its preamble, and which details the entire rights and obligations of them in the case of the Platform purposes using and Service used by COLLECONLINE.

« Messaging » : designates the messaging system made available to Users by COLLECONLINE, accessible within the User Account and allowing Users to communicate with each other, once they are connected. Any message sent to a User via the Messaging system can be notified to the email address given by the User when registering on the Platform (these email notifications can be configured by the User).

« Tools » : means payment tolls proposed to the Users by COLLECONLINE to help the User to manage its collection and so the description detailed is available on the Platform.

« Platform » : means digital platform published by COLLECONLINE, available at the adress https://www.colleconline.com.

« Profile » : means the entire information relevant to a User, fullfilled by the last one and available in whole or in part.

« Service » : refers to the service offered by the Platform, i.e. putting Users in contact with each other (including in particular the publication and inventory of their collection items, the provision of a Messaging service, access to Profiles) and the provision of Collection Management Tools.

« User » : designates a private collector or a professional requiring in the context of his activity an inventory and/or management service of collection objects (such as for example a museum, antique dealer, collection shops) who has registered on the Platform in order to benefit from the Service provided by COLLECONLINE.

« Digital footprint » : means unique digital footprint of an item. This footprint is generated from the entire elements characterized by an item (description, pictures, evidence) thanks to cryptographic hash protocol Sha256. This one generates an irreversibly and unique footprint. This process is unilateral, it means that we cannot regain this original message from this unique footprint.

3. STATUS AND OBLIGATIONS OF COLLECONLINE


COLLECONLINE's role is strictly limited to providing the User with the Service enabling him, on the one hand, to publish and make an inventory of his collection items and to enter into relations, via the Platform, with other Users, and on the other hand, to use Tools enabling him to manage his collection.

Consequently, COLLECONLINE is a third party to any sale that may be concluded between the Users, COLLECONLINE only providing them with the means to get in touch with each other.

Moreover, the management of collections with the Tools proposed by COLLECONLINE is carried out under the sole responsibility of the User.

4. ACCEPTANCE OF THE GENERAL TERMS OF SERVICE


The General Terms and Conditions of Service in force are available to the User on the Platform or on request from COLLECONLINE.

The User undertakes, previously to its inscription on the Platform, to take into account and to accept General Terms of Service.

The inscription on the Platform implies acceptance of these Terms and Conditions.

General Terms of Service prevail on any other document which have been communicated to COLLECONLINE.

COLLECONLINE can modify General Terms of Service at any time, being specified that any new General Terms of Service will be published on the Platform and will be relevant upon acceptance by the User. Failing to accept, precedent General Terms of Service will continue to be applied.

Applicable General Terms of Service are those into force during Service Susbcription without legal or regulatory modifications of law and order.

5. OPERATION OF THE SERVICE.


5.1 Registration and Creation of a User Account


Registering on the Platform is Free of Charge for Users.

To use the Platform, the user has to create its account by inputing accurately the requested information.

Requested information vary depending on whether the User is signing up for a free usage of the Platform or if he/she subscribes to a paid subscription.

The user has the ability to provide any additionnal information inside a "Free comment" area.

The user is informed that this data is mandatory to allow COLLECONLINE to provide Service.

The User is committed to provide full and accurate information and keep it up to date.

The entire information collected by COLLECONLINE is mandatory for the registration of the User on COLLECONLINE and the Service providing and all suites of consequences which will result.

The lack of response or the lack of accuracy will result in the suspension, or even the removal of User account. These data have to be transmitted to COLLECONLINE, unless they are not indicated as optional.


5.2 Service Access


To access to the Platform, User has to connect to the Service and input its credentials inside dedicated fields.


5.3 Credentials


User ID contains generally several codes, login or password which allow to access to the Platform and to use the Service.

These credentials are strictly personal and confidential. Consequently, the User is committed to keep it secret and to not disclose it in any form. Furthermore, the User cannot in any case assign or give away its credentials, free of charge or for money.

The User commits to not put its User Account available for a third party, particularly to not allow that a third party uses its User Account to publish its Items collection.

Consequently, any credentials used by User is done on its own responsibility.

In case of Loss, theft or fraudulent using by one or several elements composed by its credentials, The User commits to modify its credentials and its password by means of available password renewed processing.


5.4 Profile Creation and User statements


The User is invited to create a Profile that will include all the information he or she has entered and that can be accessed in whole or in part by other Users.

All collectibles published by the User will also be accessible on his Profile according to the privacy settings set up by the User.

The Profile is available in the User's User Account.

COLLECONLINE specifies that this information as well as the objects of collection are accessible according to the parameters of confidentiality set up by the User:

  • Either the privacy setting is Public: the published data is seen by everyone even by those who don't have a User Account.
  • Either the privacy setting is Relationships (limited to the User's relationships): the published data is therefore only accessible to other Users accepted as relationships by the User in question.
  • Either the privacy setting is Private: only the owner of the User Account can see his data published.

If the User publishes his collection object under public confidentiality, he is informed and expressly accepts that this object is used for promotional purposes by COLLECONLINE on the pages of the COLLECONLINE Platform as well as on the pages of partner sites, in particular social networks.

The creation of his Profile is the sole responsibility of the User.

Il appartient donc à l'Utilisateur de s'assurer que les informations qu'il publie (dont le descriptif de ses objets de collection), respectent les présentes Conditions Générales, la réglementation applicable et qu'elles ne portent pas atteinte aux droits des tiers, la responsabilité de COLLECONLINE ne pouvant être engagée à ce titre.

However, if COLLECONLINE is informed that the information published by a User does not comply with these conditions, it may suspend the User's User Account as indicated in the article "Suspension of a User Account".

The User declares, prior to his registration on the Platform:

  • If the User is a natural person acting on his behalf:
    • The Individual User must be of legal age and have the necessary capacity to enter into this Agreement.
    • The Professional User must be of legal age and have a professional status (auto-entrepreneur, self-employed, etc.).
  • If the User (individual or professional) is a natural person acting on behalf of a legal entity, then he certifies that he is the legal representative or has a mandate from the legal entity concerned to carry out the creation of a User Account.

5.5 Use Of Service


Under the present Contract, COLLECONLINE grants the User a personal, non-exclusive, non-transferable and non-assignable right to use the Service, for the duration of the Contract.

The User may only use the Service in accordance with his or her own needs on the one hand, and in accordance with the "Liability" article herein on the other hand.

The right of use means the right to represent and implement the Service in accordance with its purpose, in SaaS mode, via a connection to an electronic communications network. The User may not under any circumstances make the Service available to a third party, and is strictly forbidden any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive:

The User determines under his own responsibility the content of his account (including his collectibles) that he publishes on the Platform and the content of his messages sent via the Mailbox.

He therefore undertakes that his Account shall comply with these General Terms of Service as well as the applicable regulations and in particular that they do not infringe the rights of third parties, nor contain illegal content (in particular apology for crimes against humanity, incitement to racial hatred and violence, child pornography, attacks on human dignity, content of a discriminatory, defamatory or invasive of privacy nature).

In addition, the User guarantees that he is authorised to provide all the information that he disseminates via the Platform, including texts, images, photographs, and that he is the holder of all rights, in particular intellectual property rights, enabling him to disseminate this information.

The user undertakes not to use the timestamping service offered for purposes other than those related to the activities and objectives of the platform.

COLLECONLINE does not verify the content of User Accounts, in particular the veracity of the information disseminated by the Professional User.

However, if COLLECONLINE is informed that what is published by the User does not comply with the conditions referred to in this article, then it can suspend the Account of this User as indicated in the article "Suspension of the User Account".


5.6 Service Availability


The Service is available as soon as the minimum technical conditions are met by the User, particularly in terms of access to the Internet network and technical compatibility of the equipment used.


5.7 Maintenance


COLLECONLINE, as well as its partners involved in the provision of the Service, may have to interrupt the Service in whole or in part for maintenance reasons necessary for the proper functioning of the Service. The User will be warned as far as possible, and subject to the urgency of the operation, by personal information or, at the very least, by information on the Platform.

These interruptions for maintenance will not give right to any indemnity and the Service will be accessible as soon as the maintenance operation is completed.

As far as possible, maintenance operations will be carried out outside working hours.

6. SUBSCRIPTIONS



6.1 Our Services :



COLLECONLINE provides Users with Subscriptions enabling them to take advantage of Management Tools whose detailed description is accessible on the Platform.

6.1.1 Certificate of Anteriority


Time-stamping service allowing the generation of certificates of anteriority through the BLOCKCHAIN technology. This service makes it possible to give a certain date to elements relating to a collection object (such as invoices, photographs of the object in question, etc.).

A digital fingerprint will be time-stamped and stored in the blockchain. A link to download the digital certificates and archived documents will be sent to the User.

The digital certificates and archived documents of the User will also be stored on COLLECONLINE's servers.

As such, it is expressly recognized by the User that:

  • Document timestamping is his sole responsibility;
  • The date of the time stamp will be that of the certificate, not that of the application. CollecOnline is not responsible for the processing time in the blockchain. The processing of the attestation request is therefore not instantaneous and can take up to 48 hours;
  • The time stamping will be done on the Ethereum blockchain, COLLECONLINE however grants the right to change the blockchain.
  • The fact of time-stamping a collection object on COLLECONLINE does not guarantee its authentication, is not in itself a creator of intellectual property rights and does not prove the ownership of a copyright;
  • This timestamp does not offer a certification service that can prove the provenance and successive transfers of collection items.


6.1.2 HD pictures storage


Picture storage Services in their original quality. These pictures will be not seen on COLLECONLINE, a link to download pictures will be put at disposal for the User. These pictures will be not available for the other members.


6.1.3 Custom watermark


Customized watermark service on your images allowing you to replace the default "CollecOnline" watermark affixed to your images with the watermark of your choice. This service is not retroactive on images put online before subscription. COLLECONLINE grants itself the right to replace the personalized watermarks by the default watermarks starting 6 months after the end of the subscription period.


6.2 Subscription and Trial Period


The User has the choice between several subscription packages which the detail is indicated on the Platform :

  • A free package
  • A Classic package
  • A Premium package

According to the chosen package, The User can benefit from a trial period whose duration is indicated on the Platform.


6.3 Subscription Duration and Termination


A Subscription shall come into force as from the validation of the Subscription by COLLECONLINE. It is concluded for the duration indicated on the Platform at the time of subscription.

When the monthly Subscription expires, it is renewed by tacit agreement for an identical period and so on, unless one of the parties can terminate the Subscription by using a Subscription termination button present in the User Account no later than seven (7) days before the next expiry date.

When the annual Subscription expires, it is renewed by tacit agreement for an identical period and so on, unless one of the parties can terminate the Subscription by using a Subscription termination button present in the User Account no later than seven (7) days before the next expiry date.

Termination of a Subscription does not entail termination of the Contract. The conditions for terminating the Agreement are set out in Article 13 of this Agreement.


6.4 Financial terms and conditions of a Subscription


6.4.1 Invoicing


The Service is invoiced and debited in advance. No refund is possible if the User does not use the Service.


6.4.2 Rates and Payment


The price of the Service is indicated on the Platform and varies according to the Subscription formula chosen by the User.

The paiement are done by Credit Card.

It is specified that any month started will be due in full.

During the rmonthly or yearly renewal subscription, a price modification is possible. In this respect, COLLECONLINE will send an email information to the User which has the possibility to cancel the contract if desired.


7. INSURANCES


To the extend that COLLECONLINE role is limited to put in relation Users, COLLECONLINE doesn't provide any insurance aimed at covering Profesional Users activity.


8. ISSUES between Users


It is reminded that the responsibility of COLLECONLINE, as a third party to any sales concluded between Users, cannot be engaged in this regard.


9. INTELLECTUAL PROPERTY


COLLECONLINE owns the rights to all the elements present on the Platform (notably texts, images, software, excluding elements transmitted by Users), which are protected by French and international laws relating to intellectual property.

Furthermore, COLLECONLINE holds all rights to the databases created via the Platform - as producer of the said database - which may in particular contain information transmitted by the User. COLLECONLINE grants itself the right to use this data for statistical purposes.

For all practical purposes, it is specified that COLLECONLINE nevertheless undertakes never to distribute content whose confidentiality parameters have been activated by the User.

COLLECONLINE is also the owner of the trademark "COLLECONLINE" which has been registered with the INPI and of domain names which are regularly registered.

The User therefore refrains from copying, reproducing, distributing all or part of the Platform, in any form whatsoever, without the express prior authorization of COLLECONLINE.

In general, the User agrees not to infringe any intellectual property rights belonging to COLLECONLINE.

COLLECONLINE reminds that any damage to the integrity and proper functioning of the Platform is likely to result in the liability of its author.


10. PERSONAL DATA


10.1. PERSONAL DATA PROCESSING


COLLECONLINE informs the User that his data is collected in accordance with data protection regulations ( French law "Loi Informatique et Libertés n°78-17 du 6 janvier 1978 modifiée le 20 Juin 2018" et Règlement Européen pour la Protection des Données 2016/679 du 27 avril 2016). and General Data Protection Regulation which is applicated since the 05/25/2018.

COLLECONLINE asks each User to communicate a some personal information (username, email address) in order to be able to create an Account and, if necessary, to send a newsletter.

COLLECONLINE asks each User to communicate a certain amount of personal information (username, names, email adress, payment information) in order to be able to buy a Subscription.

Said information must therefore be sent to COLLECONLINE, unless they are indicated as optional. This data is mandatory to create your account in order you to use the CollecOnline Plaform.

COLLECONLINE takes all appropriate measures to ensure the security and confidentiality of the personal data processed. Personal data may be transferred outside the European Union for hosting purposes by our service providers.

The User has at any time the right to oppose, delete, access and rectify data concerning him/her. To do so, the User simply sends his/her request by email to: contact@colleconline.com. A response must be provided within 1 month. In case of a complex request this delay can be extended up to 3 months.

In accordance with Article 6 of French Law No. 78-17 of 6 January 1978 as amended, personal data is only kept in a form that allows identification for a period that does not exceed the time required for the purposes for which it is collected and processed.

In any case, COLLECONLINE does not keep the data of individuals whose last connection to the Platform was more than 3 years ago.

Personal data shall only be accessible to authorized personnel.

In the personal data collection forms, the User is informed in particular of: the identity of the data controler, his or her rights regarding personal data, the purpose of the processing and the compulsory or optional nature of his or her answers.

Commercial prospecting means that COLLECONLINE is likely to send to the User offers that comply with the following principles:

  • The User was informed at the time of the creation of his Account, when he communicated his personal data, of the possibility of objecting free of charge to any commercial use of his details;
  • The subject of the solicitation refers to the Service or similar services to those already purchased by the User.


10.2. DATA SECURITY


In order to maintain the best payment security for our Users, when they select online payment by Credit Card (French or from other countries, Carte Bleue, Visa, Eurocard-Mastercard), all entered data (Card numbers and expiration date, IBAN and BIC/SWIFT code) are immediately encrypted (SSL mode) and saved inside aSecurity payment Server. This information is stricly and only known by secured server.

Additionnaly COLLECONLINE has defined a stricly secured data personal policy.

This policy especially allows to :

  • Use data encryption to protect input or output of personal data from COLLECONLINE information system.
  • Secured desktops with unique ID and strong passwords
  • Restrict the number of employees having access to personal data files
  • Take care of their own subcontractors data regulation
  • Test regularly the Information System in order to check its high security level


11. SERVICE DEVELOPMENT


COLLECONLINE keeps the right to upgrade the Service, without deteriorating quality, with similar characteristics to existing ones during subscription or renewal.


12. USER ACCOUNT SUSPENSION


COLLECONLINE reserves the right to suspend a User's Account in the event of a breach by the User of any of his obligations under this Contract, in particular those referred to in the article "Operation of the Service".

If necessary, COLLECONLINE will inform the User by e-mail and ask him to remedy the breach. However, if the nature of the breach is such that the Contract cannot be continued, then COLLECONLINE may terminate the Contract by operation of law and thus delete the User's Account immediately by sending an e-mail.


13. CONTRACT CANCELLATION


Apart from the subscription suspension rules planned in article 6-2, contract can be suspended at any time by using an account suspension button inside the user account interface.


14. RESULTS DUE TO CONTRACT ENDING


At the cancellation of the contract, Service will be automatically deactivated and user rights will be deleted. Consequently, User's access to the platform will be deactivated.

Access to data concerning the User that would be stored or hosted as part of the subscribed Service will be cut off and the data will be deleted from the active database within 30 (thirty) days with the exception of documents related to timestamping by blockchain technology (such as the digital certificate and the zip directory) which will be deleted within 6 months. The User is nevertheless informed that everything that has been anchored in the blockchain by him/her remains anchored in the blockchain.

It is precised that every data in the blockchain are stored indefinitely, and in no case a User will demand to COLLECONLINE the suppression of data stored on it.

At any time, the user has the ability to download and save data related to its contents with this type of format:

  • CSV extract including item's textual documents
  • Pdf catalog generations including its collections related to items' description and its pictures.
  • Bills, payment proofs and diverse certificates can be downloaded on item records.

In case of account deletation, it is the responsability of the user before this operation to save data which can be stored or hosted on COLLECONLINE. These data will be deleted one month after its account removal.

In case of subscription cancellation, the user has the responsability to download its certificates of anteriority (digital strongbox service of blockchain timestamp), within six months after the cancellation.

In no case, COLLECONLINE can be responsible of consequences related to the User Service deactivation, including data loss.


15. RESPONSIBILITY


15.1. COLLECONLINE RESPONSIBILITY


COLLECONLINE reminds that its role is limitated to :

  • Allow to the User to present collection items and interact with other users
  • Offer to collectors managing tools for their collections.

COLLECONLINE remains a third party to the potential sales between Users as well as potential managing lacks commited by Users in using managing Tools made available.

COLLECONLINE cannot be in any case responsible, and in any action type to engaged responsability, even if COLLECONLINE has been informed of possible occurence, of immaterial damages and/or sometimes qualified indirects, accessories, specials including damages related to profit loss, shortfall, data loss or revocation use go through from a User or by a third party.

COLLECONLINE cannot be in any case responsible if a jurisdiction returns an invalidating decision on Blockchain anchoring like a certificate of anteriority.

In any case, excepted physical damages caused to persons, COLLECONLINE financial responsibility will be limited to the total amount of the price paid by professional Users for the month during damage was done. In case of annual payment, the responsibility amount will be limited to the amount planned of mensual subscription.
< br /> This term will be applied under condition of imperative constraints forecasting by some legislations. In that case, responsability will be limited as much as it is allowed by the practicable law.


15.2. User responsibility


The User is responsible for all damages that he will do to another User, third party or to COLLECONLINE, their representatives, its managers, its employees, and which will result in a lack in its contractual or legal duties. The User commits to respond to these persons and to guarantee to COLLECONLIJNE of all prejudicial consequences resulting of its lacks, notally in case of complaint, action, inculpation or responsibility made, in front of any jurisdiction.


16. FORCE MAJEURE


COLLECONLINE will not be responsible of delay or lack of accomplishment of all or a part of Contract due to a force majeure event, if this one fullfils legal and precedent conditions needed to qualify force majeure in French Law.

Nevertheless, Parties agree that following events will be known constitutive in case of force majeure: power supply interruption, network transmission failure and/or Interruption and also for the Internet network access, telecomunication resources breakdown and/or sabotage, hacking attacks, fire, thunder, flooding and other natural disaster, water damage, unusually heavy, damage, epidemic, riot, war, civil war, insurrection, bombing, explosion, act of vandalism, all-out or partial strike, outer lock-out at COLLECONLINE.

These different events will constitute force majeure cases which COLLECONLINE will concern, its providers or partners.


17. WARRANTY


COLLECONLINE is only bound towards the User by an obligation of means and does not provide any guarantee, express or implicit, including any guarantee of quality and suitability for a particular use of the Service provided to the User and any guarantee in relation to the information and data provided by Users and which may be obtained via the Platform, in particular as regards their accuracy and reliability.

Service using and data operating which it allows to obtain are done by the only User responsibility and at its own risk and perils


18. SUPPORT


In case of technical difficulties related to the Service, the User can contact COLLECONLINE using the following adress : contact@colleconline.com.

This support can be available to usual opening COLLECONLINE hours.

The support is exclusively reserved to questions related to Service, activation, installation, dysfunction and eventual updated Service.


19. PRIVACY


The Parties undertake to keep strictly confidential the information exchanged and all documents and elements produced within the framework of the execution of the present contract, notably, but not restrictively, the techniques, computer codes, programming tools, software making up the Service, the documentation communicated by COLLECONLINE on the Service, as well as the information provided by the Users via the Platform.

These informations are only communicated to the User for the purpose of executing the subject matter hereof. The User is committed to not use them for other purposes.


20. COMMUNICATION BETWEEN PARTIES


Unless stated otherwise in the present contract, all correspondence or notification will be adressed from a part to the other part under the following conditions :

  • To COLLECONLINE : by mail to the address ; contact@colleconline.com.
  • To the User : by post or by mail to the address indicated during the User Account Creation.

Every formal notice will be addressed by registered letter with notice of receipt demand at the corresponding postal adress.


21. COMPLAINT - ISSUES


This present Contrat is governed by French Law.

In case of any issue, The User is invited to send its complaint to COLLECONLINE under conditions stated in the article « Communication between Parties ».

Any dispute between the parties relating to the conclusion, interpretation, performance or termination of the Agreement for any reason whatsoever, as well as any consequences that may result therefrom, shall be submitted to the courts located within the jurisdiction of the registered office of COLLECONLINE, notwithstanding any third party claim or plurality of defendants, including in the case of emergency or protective proceedings, in summary proceedings or by petition.


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