Pickaw Terms and Conditions of Use

Preamble

These General Terms and Conditions govern the use of the Pickaw.app Application (hereinafter referred to as "the Application"), owned by Pickaw, a company registered in the Marseille Trade and Companies Register under number 848 523 338, whose registered office is located at 41 rue du Progrès, 13005 Marseille - France, in the person of its legal representative in exercise of its functions as such.

By accepting these general terms and conditions at the time of registration, the User confirms that he or she has read, understood and accepted the content of these General Terms and Conditions.

Article 1 — Definitions

Application: web platform published by Pickaw, accessible at {pickawURI}

Customer: any User of the Application who uses the Services, whether acting as a professional or a consumer.

Consumer: a person who uses the Services for needs unrelated to his or her professional activity.

User: any Internet user who accesses the Application.

Participant: any person participating in a contest organized by a Pickaw Customer.

Team: group of people chosen by a Pickaw account holder with access granted by the Team Administrator.

Team Administrator: holder of a Pickaw account who organizes one or more contests.

Services: services, paid or free, offered by Pickaw on the Application for Customers.

Social Networks: refers exclusively to the online communication services offered by Facebook, Instagram, Twitter, LinkedIn, YouTube and Twitch.

Article 2 - Scope of application

These General Terms and Conditions govern the relationship between the User and Pickaw.

They apply to all features and Services offered by the Application, to the exclusion of any other conditions. The fact that the User creates an account and ticks the box "I have read and accept the Pickaw Terms" indicates his acceptance of these general conditions, without restriction or reservation.

Pickaw reserves the right to modify the Terms and Conditions at any time. The simple fact of using the Application indicates the User's acceptance of the general conditions in force at the time of such use.

The French version of these General Terms and Conditions prevails over any other version.

Article 3 - Description of Services

Pickaw is an application dedicated to the organization of competitions on social networks.

The consultation of the Application is reserved for Users who have regularly created an account.

Access to Pickaw's Free Services is restricted to certain features. Some features are subject to a charge and can be accessed on request or subscription.

Pickaw reserves the right to modify at any time the Services provided on the Application as well as all the features and contents of the Application.

In the event of non-compliance with these General Terms and Conditions, Pickaw reserves the right to interrupt access to the Services temporarily or permanently, without delay, to the User concerned. The interruption of access to the Services will automatically terminate the ongoing competition(s) and participation(s). Competition data will be deleted immediately, without Pickaw's responsibility being sought.

3.1 - Description of Services for Participants

The Participant who has regularly opened an account can consult the results of the draws free of charge.

The Participant's access to the Pickaw Services is subject to the organization of a contest on Pickaw.

Participation in contests will be made directly on social networks under the conditions defined by the Client.

Pickaw remains alien to the relationship between Participants and Customers.

Non-performance of the contract concluded between Pickaw and the Customer shall be likely to affect the Participant's access to the Pickaw Services, without Pickaw's liability being engaged.

3.2 - Description of Services for Clients and Teams

Customers must have regularly opened an account to access the Services offered by Pickaw. Team members must have regularly opened an account and be invited by a Client to access the contest.

Services for Customers and Teams consist of a set of tools to organize, configure and manage a contest on social networks.

The Services are paid or free of charge.

The list of Paid Services is defined on the Application. Paid Services are offered as part of a subscription or on a quotation. They are subject to payment of the price.

The list of Free Services is defined on the Application.

The Client who creates an account becomes Team Administrator.

Thus, the Application allows the Administrator to:

  • create and manage a Team;
  • define the access of each Team member, delegate certain functions;
  • create and configure a contest organized on one or more social networks via the Application;
  • launch a draw;
  • check the participations;
  • consult and publish the result of the draw;
  • consult the list of competitions created on the Application.

Customers must have regularly opened an account to access the Services offered by Pickaw. Team members must have regularly opened an account and be invited by a Client to access the contest.

Services for Customers and Teams consist of a set of tools to organize, configure and manage a contest on social networks.

The Services are paid or free of charge.

The list of Paid Services is defined on the Application. Paid Services are offered as part of a subscription or on a quotation. They are subject to payment of the price.

Article 4 - Creation of an account and access to the Services

In addition to the acceptance of these General Terms and Conditions, access to all Services is subject to the opening of a Pickaw account; access to the Paid Services is subject to the opening of a Pickaw account and payment of the price agreed upon in the subscription or quotation accepted.

To use the Services, the User must create a Pickaw account from an existing account on a social network. To do this, they must complete their social network ID and password.

If the User is a minor, the User must be represented by his/her legal representative. The use of the Application is prohibited to minors under 13 years of age.

The User must provide correct, complete and updated information in order to open his account regularly. He shall inform Pickaw of any changes affecting them.

Any entry of false, inaccurate, obsolete or incomplete information, or of a User name or pseudonym containing terms contrary to regulations or legislation in force may result in the closure of the User's account. Pickaw cannot be held liable in any way for this. Pickaw will record the User's unique digital ID, display name, profile picture, email address, tokens on the social network.

The identifier must not be used by a third party without the consent of the User himself.

The User is responsible for managing and saving his password and identifier. Pickaw shall not be liable for any damage caused by the User's negligence.

In the event of misappropriation or fraudulent use of an identifier by a third party, the User undertakes to immediately inform Pickaw.

By creating an account, the User agrees to receive certain notifications necessary for the proper functioning of the Application (team deletion, account dissociation, contest cancellation). The User can decide to receive platform updates (latest news and features offered by Pickaw) by checking the "Receive platform updates" box located in the "Settings" tab of his profile.

Opening an account is free of charge (excluding any connection costs, the price of which depends on your electronic communication operator). Only the use of certain Services is subject to a charge, under the conditions defined by the General Conditions for the Provision of Services.

The User is solely responsible for access to and use of the Services attached to the Team.

Article 5 - Deletion of an account

The User may delete his account at any time.

The deletion of the account automatically terminates the current contest(s) and participation(s). Competition data will be deleted immediately.

If the User wishes to log in again after deleting his account, he must recreate a new account.

Article 6 - Pickaw's Obligations

6.1 - Availability of the Application

Pickaw undertakes to make the functionalities of the Application, as well as the Free and Paid Services, available to Users.

Pickaw will endeavour to ensure the availability of the Application 24 hours a day, 7 days a week, subject to any scheduled maintenance requiring a temporary technical interruption. Access is considered unavailable when one or more elements of the Application undergo an interruption whose origin is not a planned maintenance, causing a total unavailability of the Application. Pickaw cannot guarantee 100% the continued availability of the Application due to the potential occurrence of external events (cyber-attack, hosting failure,...), the obligation of availability of the Application constitutes a simple obligation of means. Pickaw will make its best efforts to restore access to the Application within a reasonable time.

Pickaw may, by operation of law, upon 2 working days' notice or without notice if the situation presents a serious emergency, suspend or block access to all or part of the Application and/or Services in the following cases:

  • to comply with any law, regulation, court decision, or request or injunction requiring immediate action;
  • to avoid any interference that could cause damage or deterioration to Pickaw's equipment.

6.2 - Maintenance of the Application

Pickaw undertakes to ensure the ongoing maintenance of the Application in such a way as to enable Users to use the functionalities and Services under conditions normally expected.

6.3 - Security

Pickaw guarantees that it has put in place physical and logical security measures appropriate to the nature of the data stored and taking into account the risks involved, in accordance with the state of the art.

The User acknowledges that Pickaw cannot guarantee 100% data security and that the obligation to secure has the characteristics of a reinforced obligation of means.

Article 7 - Obligations of the User

The User must provide true and correct information.

He must refrain from any unlawful action having as its object or effect:

  • interrupt, destroy, limit or interfere with the Services or the functionalities of the Application as well as the functionalities of any software or telecommunications equipment used to operate the Application;
  • to infringe the rights of third parties (invasion of privacy, infringement of intellectual property rights, criminal offences against persons such as insult, defamation, identity theft or others...).

The User must provide true and correct information.

He must refrain from any unlawful action having as its object or effect:

The User indemnifies Pickaw against any claims from third parties for which it is liable and for any damage caused by a breach of its obligations. Consequently, the User shall indemnify and hold Pickaw harmless against any claims by third parties resulting from the User's faults.

In the event of legal proceedings, the User shall reimburse Pickaw for all costs related to the proceedings (including legal, registry, Bailiff, expert and other costs).

Article 8 - Exclusions and limitations of liability

The User is requested to carefully read this article which limits Pickaw's liability to the User.

The Application is made available as is, with any imperfections. The User uses the Application at his sole discretion and at his own risk.

Pickaw does not guarantee in any way the quality, accuracy or reliability of the Application or its content. Thus, Pickaw cannot be held liable for any loss or damage whatsoever that may result from the use of the Application, such as malfunctions, or due to the reliability of the content published on the Application.

Pickaw is in no way responsible for any content that may be posted by third parties, including those posted by other Users. Consequently, Pickaw cannot be held liable for any loss or damage whatsoever that may result from the actions or omissions of third parties, including, for example, if another User is guilty of misusing content, the identity of another User or their personal information. The Application may contain links to other websites.

Pickaw has no control over or approval of third-party sites. Consequently, Pickaw cannot be held responsible for the availability or content of these third-party sites, which the User uses at his own risk.

Pickaw's liability towards the User can only be engaged for facts that are directly attributable to it.

In any event, Pickaw's maximum cumulative liability for any loss or damage that the User may suffer as a result of using the Application is limited to 1,000.00 euros.

Pickaw shall in no event be liable for any indirect damages such as loss of profits, business interruption, damage to reputation, loss of information or data.

Pickaw is not responsible for the content and publication of the contest on social networks, including the accuracy of the information contained in the contest entries and the prizes offered. Any complaint will be forwarded to the User concerned, who will assume full and sole responsibility.

Article 9 - Personal data

In order to offer the Services, Pickaw processes personal data.

With the exception of data collected by Pickaw for the creation of a Pickaw account, Pickaw collects, uses and stores this data only on behalf of its Users, and is therefore a subcontractor within the meaning of EU Regulation 2016/679 on the protection of personal data.

9.1 - Case of the creation of a User account

The personal data collected are: the User's unique digital identifier on the social network, his or her display name on the social network, his or her user name on the social network, his or her profile photograph, his or her email address on the social network and the User's tokens on the social network.

This personal data is transmitted by the social network on which the User has previously created an account, in accordance with the conditions of the social networks applicable to developers.

The purpose of the processing operation is to enable access to and use of the Application. The legal basis for the processing is consent.

The controller is the Pickaw company whose contact details appear at the top of these general terms and conditions.

The categories of persons concerned are the Users.

The data is kept until the User account is deleted.

The recipients who may access the data are: other Users of the Application, the host of the Application and Pickaw's IT maintenance service providers.

The provision of information is mandatory. If the User does not create a Pickaw account and provide the requested information, he/she will not be able to access and use the Application.

Subject to the legal obligations to which the controller is subject, and within the limits provided for by the rules on personal data, the persons whose data are collected have the right to ask the controller for access to, rectification or erasure of personal data, or a limitation of the processing relating to the data subject, or to object to the processing and to request the portability of the data.

The person has the right to withdraw his or her consent at any time, without prejudice to the lawfulness of the processing operation based on the consent given before the withdrawal of the consent.

To exercise their rights, persons must contact Pickaw by email at hello@pickaw.com or by post, with a copy of their identity document, at the following address:

Pickaw SAS, 41 rue du Progrès, 13005 Marseille - France

The persons whose data are collected also have the right to file a complaint with the CNIL.

9.2 - Other processing of personal data

Other processing of personal data by Pickaw concerns Customers.

The conditions applicable to the processing of Customers' personal data are set out in the Pickaw General Terms and Conditions of Service.

Article 10 - Cookies and Javascript

The Application uses cookies, trackers and Javascript.

Cookies are small text files that are stored in your device's browser when you use a website, for example, to recognize your device's browser and to store information for the duration of the cookie's validity.

When you consult the Application, information relating to your browsing may be stored in "Cookies" files installed on your device (computer, tablet, smartphone).

These cookies are issued by Pickaw in order to facilitate your navigation on the Application.

Unless you decide to disable cookies, you agree that the Application may use them.

You can disable these cookies at any time and free of charge in your device with the appropriate settings of your Internet browser software, knowing that this prevents accessibility to the services offered by the Application.

If you disable Javascript this prevents access to the services offered by the Application.

Article 11 - Intellectual property

Pickaw is the owner of all trademarks, logos, graphics, photographs, animations, videos and texts contained on the Application, with the exception of content provided by Users. They may not be reproduced, used or represented without the express permission of Pickaw, under penalty of prosecution.

In particular, the User shall refrain from modifying, copying, reproducing, downloading, distributing, transmitting, commercially exploiting or distributing in any way whatsoever the Services, the pages of the Application or the computer codes of the elements composing the Services and the Application.

All content that may be provided by the User that is subject to intellectual property rights is licensed to Pickaw for use. This license includes, among other things, Pickaw's right to reproduce, represent, adapt, translate, digitize and use them in any medium for the purpose of providing the Services.

Article 12 - Disputes

Before any legal action is taken, Pickaw invites Users to use the contact form to express their dissatisfaction in order to find a solution. In particular, the User may contact Pickaw in the event of technical problems or other questions.

Any disputes arising from the use of the Application shall be governed by French law.

Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

This platform is available at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

In the event that the mediation fails, the dispute will be brought exclusively before the Commercial Court of Marseille if the User is a professional.

If one or more articles of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or decision that has become final, the other articles shall retain their full force and scope.


Pickaw's General Terms and Conditions of Service

Preamble

These General Terms and Conditions govern the provision of services by the Application pickaw.app (hereinafter referred to as "the Application"), owned by Pickaw, a company registered in the Marseille Trade and Companies Register under number 848 523 338, whose registered office is located at 41 rue du Progrès, 13005 Marseille - France, in the person of its legal representative in exercise, residing in that capacity.

By accepting these general terms and conditions at the time of registration, the User confirms that he or she has read, understood and accepted the content of these General Terms and Conditions.

Article 1 — Definitions

Application: web platform published by Pickaw, accessible at {pickawURI}

Customer: any User of the Application who uses the Services, whether acting as a professional or a consumer.

Consumer: a person who uses the Services for needs unrelated to his or her professional activity.

User: any Internet user who accesses the Application.

Participant: any person participating in a contest organized by a Pickaw Customer.

Team: group of people chosen by a Pickaw account holder with access granted by the Team Administrator.

Team Administrator: holder of a Pickaw account who organizes one or more contests.

Services: services, paid or free, offered by Pickaw on the Application for Customers.

Social Networks: refers exclusively to the online communication services offered by Facebook, Instagram, Twitter, LinkedIn, YouTube and Twitch.

Article 2 — Scope of application, enforceability

These General Terms and Conditions are applicable exclusively to the provision of the Services offered by Pickaw to Customers through the Application. Together with the online order, they constitute the contractual documents enforceable against the parties, to the exclusion of any other commercial communications which have only an indicative value.

They are not intended to govern the relationships that are established between Clients and Participants; nor between Clients and Team members.

They are brought to the attention of the Customers before any order is placed on the Application.

They are enforceable against the Customer who acknowledges, by ticking a box provided for this purpose, that he or she has read and accepted them before placing an order.

The validation of the order by its confirmation constitutes acceptance by the Client of the General Conditions in force on the day of the order, the conservation and reproduction of which are ensured by Pickaw in accordance with article 1127-2 of the Civil Code (former Civil Code, art. 1369-4).

The fact that the Customer validates his order implies the obligation to pay the indicated price.

Pickaw reserves the right to modify its General Terms and Conditions at any time.

The nullity of a contractual clause does not entail the nullity of all the present General Conditions. The temporary or permanent inapplication of one or more articles of these General Terms and Conditions by Pickaw shall not constitute a waiver by Pickaw of the other articles of these General Terms and Conditions, which shall continue to have effect.

Article 3 — Description of Service Offers

Pickaw is an application dedicated to the organization of competitions on social networks.

The consultation of the Application is reserved for Users who have regularly created an account.

Access to Pickaw's Free Services is restricted to certain features. Some features are subject to a charge and can be accessed on request or subscription.

Pickaw reserves the right to modify at any time the Services provided on the Application as well as all the features and contents of the Application.

Pickaw reserves the right to add new features and make improvements to existing features.

Article 4 — Online Service Offers

The Service offers presented on the Application are valid, unless otherwise specified, as long as the Services appear on the Application.

Free services are freely accessible by Users who have regularly created an account.

For free services, the contract is formed as soon as the Customer starts using the free services.

For paid services, the acceptance of the offer by the Client is validated by the confirmation of the order. The contract is formed at the time of confirmation of the order.

Article 5 — Ordering Paid Services

5.1 - Date of conclusion of the contract

The service contract is formed at the time the Customer sends the confirmation of his order.

5.2 - Steps in concluding the contract

To place an order, the User, after having chosen his subscription or received a quote, then clicks on the "Order" button for subscriptions, or accepts the quote for paid services available on quote.

It provides information on the payment method.

Before confirming his order, he has the possibility to check the details of his order and its total price.

The confirmation of the order implies acceptance of these General Conditions and forms the contract.

An email acknowledging receipt of the order and payment is sent by Pickaw as soon as possible. The fact that the Customer confirms the order implies the obligation to pay the indicated price.

5.3 - Change of order

Any request for modification of the order by the Customer after confirmation of his order is subject to Pickaw's acceptance.

Pickaw reserves the right to make improvements to the Services that are related to technological developments.

5.4 - Duration

Access to these services is subject to payment of the price.

For subscriptions, the contract is concluded for the frequency mentioned in the subscription chosen by the customer. For paid services available on quotation, the contract is concluded for the period mentioned in the quotation.

It is tacitly renewable at the end of each term, unless terminated by the Client 24 hours before the expiry date.

The renewal of the contract gives rise to a new fixed-term contract of the same duration whose terms are identical to the previous contract.

5.5 - Price

The sale prices are indicated, for each of the Services offered, either on the Application or on an estimate, in euros excluding tax and in euros all taxes included, with mention of VAT at the rate in force.

The total amount due by the Customer is indicated on the order confirmation page.

The sale price of the Service is the one in force on the day of the order.

If the price cannot reasonably be calculated in advance due to the nature of the Services requested by the User, Pickaw will provide the method of calculating the price and, if applicable, any additional charges.

In the event of price promotion, Pickaw undertakes to apply the promotional price to any order placed during the promotional advertising period.

Pickaw reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.

5.6 - Payment

5.6.1 - Eligibility and method of payment

The price is due in full after confirmation of the order.

Payment is made immediately upon ordering by credit card.

The conclusion of the contract will result in automatic payment of the corresponding invoice at the beginning of each renewal period, up to the amount of the fees and taxes applicable to that period.

Copies of the invoices can be viewed and downloaded on the Application in the "Billing" section.

Pickaw has the right to store the Customer's bank details and to continue to use them in the event of a repeat order.

To avoid an interruption of the order, and the cancellation of ongoing contests, the Customer undertakes to immediately notify Pickaw of any change affecting its payment method (for example, expiry or theft of your credit card).

5.6.2 - Securing payment

Payments are made through a third party payment service provider acting on behalf of Pickaw.

The Application is equipped with a system for securing online payments allowing the Customer to encrypt the transmission of his banking data.

5.6.3 - Late payments

Any amount not paid on the due date shall, without formal notice, bear interest at the conventional rate of 5% per month of delay. The Client shall also be required to pay a lump sum of €40 for collection costs in accordance with Article D. 441-5 of the French Commercial Code.

5.6.4 - Default of payment

Any failure to pay the price will result in the suspension of the Services ordered. If the delay in payment extends beyond a period of 15 days.

Pickaw reserves the right to block access to the Customer's account and terminate the contract.

Pickaw reserves the right to retain, as compensation, any amounts already paid.

Article 6 — Ordering Free Services

6.1 - Date of conclusion of the contract

The service provision contract is formed as soon as the User uses the Free Services to organise a contest on social networks.

The use of the Free Services implies acceptance of these General Terms and Conditions.

Pickaw reserves the right to make improvements to the Services that are related to technological developments.

6.2 - Duration

The duration of the contract is identical to that of each competition organized on the Application.

Article 7 — Archiving

Communications, purchase orders and invoices are archived on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with article 1360 of the Civil Code (former Civil Code, art. 1348). These communications, purchase orders and invoices may be produced as proof of the contract.

Article 8 — Customer's obligations

The Client is solely responsible for the publication and content of the competition, in particular for the accuracy of the information contained in the presentation of its competition.

However, the Client:

  • undertakes to act in good faith;
  • undertakes to comply with the laws and regulations for which it is responsible with regard to the nature of the lots that will be the subject of the competition organized on Pickaw;
  • undertakes and warrants that it will not allow the Participants to win prizes over which it has no rights or which it does not own;
  • refrains in particular from offering lots that offend morality, incite racial hatred, stolen objects, medicines or drugs of all types, weapons, weapons of war and ammunition, live animals;
  • undertakes not to mislead the Participants;
  • refrains from associating itself with the publication of the competition illustrations or visuals that do not respect the rights of third parties or that violate public order and morality.

The Client guarantees Pickaw against any claims by Participants or third parties for any damage caused by a breach of its obligations. Consequently, the Client shall indemnify and hold Pickaw harmless against any claims by third parties resulting from the Client's faults. In the event of legal proceedings, the Client shall reimburse Pickaw for all costs related to the proceedings (including legal, registry, Bailiff, expert and other costs).

Article 9 — Right of use

Where applicable, the Client grants Pickaw all rights necessary for the performance of the services offered by the Application, including in particular:

  • the right to store any content downloaded or posted on the Application in electronic form;
  • the right to make them accessible to other Users and to disclose them to other Users by downloading them.

Where applicable, the Client grants Pickaw all rights necessary for the performance of the services offered by the Application, including in particular:

Article 10 — Exclusions and limitations of liability

Pickaw cannot be held liable in the event of non-performance or improper performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure.

The Application is made available as is, with any imperfections. The Customer uses the Application at its sole discretion and at its own risk. Pickaw does not guarantee in any way the quality, accuracy or reliability of the Application or its content.

Pickaw is in no way responsible for any content that may be posted by third parties, including those posted by other Customers, or for the misuse of the Application by the Customer. Accordingly, Pickaw shall not be liable for any loss or damage whatsoever that may result from the actions or omissions of Customers, including, for example, if another Customer misuses content, the identity of another Customer or its personal information.

The Application may contain links to other websites. Pickaw has no control over or approval of third-party sites. Consequently, Pickaw cannot be held responsible for the availability or content of these third-party sites, which the Client and Participant use at their own risk.

In any event, Pickaw's maximum cumulative liability for any loss or damage that the User may suffer as a result of using the Application is limited to the amount of Services paid by the Customer since the damage occurred. Pickaw shall in no event be liable for any indirect damages such as loss of profits, business interruption, damage to reputation, loss of information or data.

Pickaw is not responsible for the content and publication of the contest on social networks, including the accuracy of the information contained in the presentation of its contest and the prizes offered.

Article 11 — Rescission clause

In the event of a serious breach by one of the parties of any of the obligations resulting from the contract, the other party may give notice, by registered letter with acknowledgement of receipt, to remedy this breach within a maximum period of 15 days. If, at the end of this 15-day period, the breach has not been remedied, the other party may automatically terminate the contract, in whole or in part, by registered letter with acknowledgement of receipt, without prejudice to any damages to which it may claim.

For the purposes of this termination clause, failure to pay shall be deemed to constitute a serious breach.

On the date of termination of the contract, the Client shall immediately be liable for all monthly payments remaining to the end of the contract.

Article 12 — Right of withdrawal (provision applicable to Consumers Customers only)

Pursuant to Article L. 221-28 of the Consumer Code (former Consumer Code, Article L. 121-21-8), the Client is informed that the right of withdrawal cannot be exercised for contracts:

1° the provision of services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement of the consumer and express waiver of his right of withdrawal; [...] 13° the provision of digital content not provided on a material medium whose performance has begun after prior express agreement of the consumer and express waiver of his right of retraction.

The right of withdrawal is therefore not applicable to the contract concluded with Pickaw.

In any event, given the nature and terms of payment for the Services, the Customer expressly waives the right of withdrawal provided for in Article L. 221-18 of the Consumer Code.

Article 13 — Personal data

13.1 - Personal data used for the management of the relationship with the Client

The personal data collected are the name, first name, position in the company, address, email address, telephone number, bank details of the Customer.

The purpose of the processing is to manage the relationship with the Client (sending information relating to the Services, invoicing, collection, etc.). The legal basis for the processing operation is the execution of the service contract.

The controller is the Pickaw company whose contact details appear at the top of these general terms and conditions.

The categories of persons concerned are the Customers.

The data are kept until the User account is deleted and increased by 5 years.

The recipients who may access the data are: Pickaw's payment service provider, Pickaw's Application host and IT maintenance providers, Pickaw's accountant. The precise list of Pickaw's subcontractors is provided to the Client upon written request.

The provision of information is mandatory. If the Customer fails to provide the requested information, he/she will not be able to access the Services.

Subject to the legal obligations to which the controller is subject, and within the limits provided for by the rules on personal data, the persons whose data are collected have the right to ask the controller for access to, rectification or erasure of personal data, or a limitation of the processing relating to the data subject, or to object to the processing and to request the portability of the data.

To exercise their rights, persons must contact Pickaw by email at contact@pickaw.com or by post, accompanied by a copy of their identity document, at the following address:

Pickaw SAS, 41 rue du Progrès, 13005 Marseille - France

The persons whose data are collected also have the right to file a complaint with the CNIL.

13.2 - Personal data collected, used and stored by Pickaw on behalf of the Client, as a subcontractor

Pickaw is a subcontractor for the personal data it processes on behalf of its Customers in connection with the organisation and management of competitions.

13.2.1 - Description of subcontracting

Pickaw may collect, use and store on behalf of the Customer the following categories of personal data: Participant's unique numerical identifier on the social network, Participant's display name on the social network, Participant's user name on the social network, link to the Participant's profile photo on the social network, number of people following and followed by the Participant on Twitter, unique numerical identifiers of the "retweets", type of participation (e.g. "comment", "retweet", "like"...), participation date.

The purpose of processing this data is to provide the Services, namely to organise competitions and draw lots on behalf of the Customers, to consult the results of the competitions and to provide the Customers with statistics on participation in the competitions.

The nature of the operations carried out on the data are collection, storage, consultation, erasure or destruction. These operations are necessary for the provision of the services covered by this contract.

Pickaw and the Client mutually undertake to collect and process any personal data in accordance with any applicable regulations applicable to the processing of such data, and in particular EU Regulation 2016/679 on the protection of personal data, Act No. 78-17 of 6 January 1978 as amended and its implementing decrees.

13.2.2 - Pickaw's obligations

As a subcontractor of the Client, Pickaw undertakes to:

  • process personal data only for the purposes and under the conditions agreed in this contract in order to provide the Services;
  • process the data in accordance with the Client's documented instructions. If Pickaw considers that an investigation constitutes a violation of the regulations on the protection of personal data, it shall immediately inform the Client. In addition, if Pickaw is required to transfer data to a third country to the EU or an international organisation, under the law of the European Union or the law of the Member State to which it is subject, it will inform the Customer of this legal obligation before processing, unless the law concerned prohibits such information on important grounds of public interest;
  • guarantee the security and confidentiality of personal data processed under this contract under the conditions described in the paragraph "Technical and organisational security measures";
  • take into account, with regard to its tools, products, applications or services, the principles of data protection from the design stage and data protection by default;
  • implement all the necessary hardware, software and organisational means to guarantee a level of security that complies with the General Data Protection Regulations.

13.2.3 - Assistance to the Client in compliance with its own obligations

Pickaw, in the form of an obligation of means:

  • helps the Customer to keep accurate and up-to-date personal data in accordance with his instructions;
  • assists the Client in carrying out impact analyses relating to data protection, where such analysis is necessary;
  • provides the Customer with the necessary documentation to demonstrate compliance with all its obligations;
  • assists the Client in fulfilling its obligation to comply with requests to exercise the rights of the persons concerned by forwarding to it any such request from a person concerned that has been sent directly to it as soon as possible.

13.2.4 - Technical and organisational security measures

Pickaw is particularly committed to:

  • guarantee the confidentiality of data:
  • by allowing access or communication only to persons (including its employees, or, where applicable, subcontractors or other service providers, including its own advisers) who can prove a necessity in relation to their functions to have access or communication for the purposes of the performance of the contract;
  • by expressly providing in the contracts between Pickaw and those persons who are its employees, or where applicable its subcontractors or other service providers, including its own counsel, for confidentiality articles incorporating the requirements of those provided for Pickaw under the contract.
  • guarantee security against logical intrusions, in order to prevent the destruction, loss, alteration, disclosure or access by unauthorized persons of the data of which Pickaw has had access, which it stores or, more generally, which it processes in any way whatsoever, on behalf of the Customer.
  • guarantee the confidentiality of data:
    • by allowing access or communication only to persons (including its employees, or, where applicable, subcontractors or other service providers, including its own advisers) who can prove a necessity in relation to their functions to have access or communication for the purposes of the performance of the contract;
    • by expressly providing in the contracts between Pickaw and those persons who are its employees, or where applicable its subcontractors or other service providers, including its own counsel, for confidentiality articles incorporating the requirements of those provided for Pickaw under the contract.
  • guarantee security against logical intrusions, in order to prevent the destruction, loss, alteration, disclosure or access by unauthorized persons of the data of which Pickaw has had access, which it stores or, more generally, which it processes in any way whatsoever, on behalf of the Customer.

13.2.5 - Subcontracting

Pickaw is authorized to outsource the online payment services and the maintenance and hosting of the Application to third parties who may have access to personal data as part of these services. Pickaw will ensure that its subcontractors provide sufficient guarantees regarding the protection of personal data, in accordance with the regulations in force.

13.2.6 - Notification of violations of personal data

Pickaw will notify the Customer of any security breach and/or data leakage that has resulted in a breach of personal data as soon as possible after becoming aware of it, by sending an email to the Customer.

This notification shall be accompanied by all relevant documentation in order to enable the Customer, if necessary, to notify this violation to the competent supervisory authority, at the latest within 72 hours of becoming aware of it.

13.2.7 - Data retention period, data exit

Data relating to competitions and entries are stored for the duration defined in the contract. At the end of his Pickaw account, the Customer may request the deletion of this data still stored by Pickaw or its delivery in digital format.

Article 14 — Mediation (provision applicable to Consumers Customers only)

In the event of a dispute, the Consumer Customer must first contact Pickaw's customer service department by e-mail at hello@pickaw.com or by post at Pickaw SAS, 41 rue du Progrès, 13005 Marseille - France.

Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

This platform is available at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

The parties to the contract remain free to accept or refuse the use of mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.

Article 15 — Competent court of jurisdiction

In the absence of an amicable agreement, the Client may refer to the court any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all documents related to this contract.

For Consumer Customers, the competent court shall be that of the place of residence of the defendant or that of the performance of the service.

For Professional Customers, the Commercial Court of Marseille will be exclusively competent.

Article 16 — Applicable law

This contract and the General Terms and Conditions governing it are subject to French law.

If one or more articles of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or decision that has become final, the other articles shall retain their full force and scope.