Fidcar

Terms of Service :

1.1 Version of 01 / 02 / 2017

Preamble:

The company FIDCAR, which operates the site www.fidcar.com, is concerned about issues related to the respect and protection of privacy on the internet.

In particular, it acts as a trusted third party for automotive professionals in order to collect and disseminate the Opinions related to a customer experience, and on the other hand, to ensure the conformity of the content collected with French law in order to to publish, reject or delete this content (role of moderation). It thus ensures the reliability of the published Opinions and evaluations.

It is in this context and in accordance with the legislation in force, that it wishes to inform Consumers and Internet users of the conditions relating to the use of its services.

1. Definitions:

Reviews : rating, evaluation or comment given by a Consumer / Internet user on the quality of the service provided by an automotive professional and at his point of sale.

FIDCAR certificate : Web page indexed by Google and / or other search engines, specific to each Client, on which is displayed all of its Customer Reviews. This page can be accessed by clicking on the Widget or by clicking on the URL of the said web page referenced by the search engine.

Contact Base : All personal data and consumer information provided by Customer to FIDCAR as part of the use of the Solution.

Clients : The Clients are the natural and legal persons who subscribe to the FIDCAR solution in order to control the Opinions on their services and point of sale.

Terms or conditions of use : conditions applicable to any person issuing a Notice or navigating on the site www.fidcar.com.

Order : The order is the moment when the Customer agrees with FIDCAR, in accordance with these general conditions of service (CGP), and validates a subscription to the FIDCAR solution.

consumers : Anyone who has benefited from a service from a Customer and is therefore eligible to send a request for an Opinion.

Personal data : data which, within the meaning of the Data Protection Act of January 6 1978 (modified by the decree of 4 November 1991 and by the law of 6 August 2004 transposing the directive 95 / 46 / CE), allow to designate or identify , directly or indirectly, a natural person.

Professionals : web interface reserved for FIDCAR Clients to access the various features of its solution (including receiving Consumer Opinions, responding to their Opinions, accessing statistics, widgets ...). The Customer must connect to his account created during his registration, using a username and password.

Point of sale : Business entity that defines the Customer of the FIDCAR solution. This is a physical site with a postal address attached to a SIRET. An outlet can not offer the same service twice.

FIDCAR Widget : The FIDCAR widget is the computer element that appears on the Customer site if it wishes. It displays the overall satisfaction score of the Consumers constituted by all the scores awarded by them.

2. Legal Notice :

The website www.fidcar.com is published by the company FIDCAR, a simplified joint-stock company, with the capital of 1.000 euros, registered with the Paris RCS under the number B 827 652 678, with its registered office 16 place des Vosges - 75004 PARIS.

The company FIDCAR thus presented is the person responsible for the processing of personal data.

3. Object of the General Conditions of Use:

These Terms of Use (GTC) are intended to define the conditions for the implementation of the collection of notices and the conditions of processing of personal data of consumers and anyone connecting to the site www.fidcar .com.

This collection of data and the use made of it are within the framework of the legislation in force and in particular 2004 June 575 laws 21-2004 for confidence in the digital economy and 78 17-6 January 1978 relating to computers, files and freedoms.

4. Acceptance of the Terms of Use:

All persons who have responded to an FIDCAR Notice, having browsed the site www.fidcar.com or being Client of the FIDCAR solution are subject to the unconditional acceptance of these Terms of Use.

By responding to a Notice, browsing on www.fidcar.com or being a Client of the FIDCAR solution, they express this full and complete acceptance, without reservation and / or modification of any kind.

5. Conditions for issuing a Consumer Notice & Commitments:

5.1. Conditions for issuing a Notice:

The FIDCAR solution is based on credible Avis harvesting. Avis requests are therefore linked to a real experience and to a clearly identified author. It is recalled that FIDCAR acts as a trusted third party.

Each Notice given must relate to an experience experienced by an automotive professional by the author of this Notice, the latter to be contactable.

Also, Consumers who submit a Notice must imperatively respect the following conditions:

The author guarantees the sincerity and authenticity of his opinion. He refrains from making statements that are inappropriate or contrary to the law and morality.

It may be re-contacted for verification purposes.

For the Opinions solicited, FIDCAR has in its database elements to identify the Consumer and to attest to his experience with the Point of Sale. The identification can be done by e-mail, phone or any other means to get in direct contact with the Consumer.

It guarantees for this purpose the accuracy and authenticity of the personal data it communicates.

5.2. Moderation process:

5.2.1. Principles :

The purpose of the moderation is to make sure that the content collected is in accordance with French law and the General Conditions of Use of the site in order to publish, reject or delete this content.

All stakeholders and actions related to moderation are identified and traceable. FIDCAR uses an a priori, automatic and human moderation.

The same moderation period applies to all notices whether positive or negative.

FIDCAR also uses a posteriori moderation, automatic and human.

5.2.2. Moderation a priori:

Automated moderation a priori

FIDCAR has a system of automatic moderation a priori to avoid the publication of Avis containing:

Human moderation a priori

In addition to the prior automated moderation system, FIDCAR can at the request of a system of human moderation a priori.

This system of human moderation a priori avoids the publication of Avis containing:

5.2.3. Moderation a posteriori:

Post-human moderation

In addition to the moderation system a priori, FIDCAR has a system of human moderation a posteriori.

This system makes it possible to refuse to the request of the Consumers Opinions including a content illicit and not in conformity with the TOS, or Opinions including:

5.2.4. Rejection of the Consumer Notice and grounds for rejection:

FIDCAR is not required to specify the reasons for the rejection of a Notice that has been identified as artificially constructing or biasing the valuation of the Point of Sale or the delivery.

The reasons for rejection of Consumer Opinions:

5.2.5. Editing and modification:

With the exception of notices that have been rejected for any of the reasons set out in Article 5.2.4, FIDCAR undertakes not to modify or delete the content of a Notice. FIDCAR can not therefore:

5.3. Publication and return of notices:

5.3.1 Return of the Opinions:

FIDCAR displays all notices whether they are positive or negative as long as they have not been rejected during the moderation process. FIDCAR does not make any selection for the Opinions it publishes.

FIDCAR displays the Notice chronologically from most recent to oldest based on the date of filing of the Notice. FIDCAR returns the Opinions in their entirety.

FIDCAR displays for each Minimum Notice the following information:

FIDCAR may post the right of reply of the point of sale representative and the evaluated service below each Notice.

5.3.2. Notification of a Notice to Illegal or Inappropriate Content:

FIDCAR allows the reporting of a Notice to illegal or inappropriate content.

5.3.3. Customer's right of reply:

FIDCAR gives the possibility to the representative of the Point of sale and the evaluated service, to respond at any time to a Notice received through its Pro Space. He can then:

The Consumer will receive an email to read any message sent by the Point of Sale representative and the evaluated service.

The response provided by the Client is made public on the Customer's FIDCAR Certificate. He can not modify his note.

These exchanges will be visible to users.

When Customer has set an alert system for Negative Advisories (based on a rating level), the message will first be held before being posted. Customer has three days to respond before this message is visible to users.

In any case, FIDCAR does not have to interfere in the relationship between the Customer and the Consumer. It will be up to the Customer to manage any difficulty that has occurred with him following the collection of a Notice.

5.3.4. Ownership of the Opinions:

The Consumer agrees to transfer to FIDCAR, free of charge, the ownership rights to the Notices, so that FIDCAR will be the sole owner of the Opinions generated by the FIDCAR solution. The rights assigned to FIDCAR on the Notices include the perpetual, transferable, irrevocable and sublicensable right for the benefit of third parties to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works, publicly display and make available notices worldwide in any medium and medium, present or future; and in particular for the site www.fidcar.com.

The Consumer acknowledges and agrees that the published Notices are not confidential and private.

5.4. Processing of personal data:

FIDCAR and the Client undertake, with regard to the collection, processing and communication of personal data to comply with the legal regulations applicable to the processing of such data and in particular to comply with the provisions of Law No. 2004- 801 of August 6 2004 relating to the protection of individuals with respect to the processing of personal data and amending the law 78-17 6 1978 January XNUMX relating to computers, files and freedoms.

FIDCAR specifically warrants that Customers, Consumers and visitors to its site, have a right of access to the stored personal data, and the right to modify, correct, block, delete or oppose the treatment. of these data.

FIDCAR will take every measure necessary to ensure the confidentiality of this data, preserve its content and prevent its diversion or disclosure.

Anyone connecting to the FIDCAR website is informed that Personal Data may be collected by FIDCAR, when browsing the website www.fidcar.com, including through Cookies.

FIDCAR expressly informs people connecting to its website www.fidcar.com that they can disable cookies in their web browser or block them.

5.6. Personal Data of Consumers:

5.6.1. Nature of information collected and disseminated:

The company FIDCAR will store and keep the Contact Database, the Opinions and in general all the information generated by the implementation of its FIDCAR Solution and the site www.fidcar.com.

FIDCAR will ensure the strict confidentiality of the personal data collected by the Consumers.

5.6.2. Purpose of the collection of information:

The information is collected by the FIDCAR Company for the implementation of the FIDCAR solution; The Company FIDCAR will use the Personal Data of Consumers in the framework of the FIDCAR solution and for the sole needs of the latter.

They will have to remain strictly confidential. Except for the first and last name of the Consumer's name, or other information specific to the Notice. The Company FIDCAR undertakes not to communicate them to third parties, with the exception of its partners (search engines, directories, comparators, market place, service guide, etc.).

The Consumer has the opportunity to refuse in writing the dissemination of this information to directories, comparators, market place or guide.

It expressly forbids to communicate to anyone any personal or nominative information allowing to identify the Consumer or violating the respect of his private life (name and full name, place of residence, number of blue card, IP address, etc ... ) unless the latter has made them public. In general, the FIDCAR Company will ensure the anonymity of persons issuing a Notice except for the Customer concerned by this Notice.

These Personal Data are kept for a maximum of two years from their collection.

5.7. Consent to the transfer of personal data:

Any person, in particular Consumer, is informed that personal data are collected by the Company FIDCAR during the filing procedure of Avis as part of the implementation of the solution FIDCAR and the site www.fidcar.com.

It is also informed by the present conditions that the collected data, which do not allow the direct or indirect identification of the person concerned, are not subjected to the 6 law Informatique et Liberté January 1978 (modified by the decree of 4 November 1991 and by the 6 law August 2004 transposing the directive 95 / 46 / CE). They may be freely used by FIDCAR, in particular for statistical purposes.

By writing a Notice, the author accepts the TOS and expresses his specific, free and informed consent by which he accepts that personal data concerning him are used for the purposes described above for all the Opinions he will submit for the FIDCAR solution or on the website www.fidcar.com. The acceptance of these terms and conditions at the time of filing the first Notice applies to all subsequent notices issued by the same author for the FIDCAR solution or on the website www.fidcar.com, whether or not it bears the same Service or Point of sale.

5.8. Rights attached to the transfer of personal data:

The consent to the transfer and use of personal data entails the creation for the interested party of a right of access, modification, rectification and deletion of data concerning him, as well as a right of s to oppose, free of charge, that its data be used for prospecting, especially commercial, by FIDCAR.

To make this opposition, the person concerned by this transfer of personal data may write a letter to the following postal address: FIDCAR, 16 place des Vosges, 75004 Paris or an email to the following address: contact @ fidcar. com

Following the same formalities, FIDCAR will provide its best efforts to respond to any complaint, question or request concerning the transfer of personal data.

When a person exercises his right of opposition to receive prospecting, information allowing him to take into account his right of opposition will be kept for three years from the exercise of the right of opposition. These data will not be used for any other purpose than the management of the right of opposition.

5.9. Duration of retention of personal data:

In any event, and in accordance with Article 5 2012 deliberation 209-21 June 2012 creating a simplified standard for automated processing of personal data relating to the management of customers and prospects (Standard simplified version 48), personal data may not be stored beyond the time strictly necessary for the management of the business relationship.

At the end of the retention period of 5 years set both for the personal data of its Customers, Consumers or for third parties visiting its site, FIDCAR may contact the person concerned to find out if it wishes to continue to receive solicitations commercial. In the absence of a positive and explicit answer from the person, the data will be deleted or archived by FIDCAR in accordance with the provisions in force.

6. Intellectual property :

All intellectual property rights relating to the structure and content of the website www.fidcar.com such as images, sounds, videos, photographs, logos, brands, graphic elements, textual, visual, tools, software, documents, data, etc. are the exclusive property of FIDCAR. All these rights are freely available to users of the site www.fidcar.com but only for the normal use of the site in accordance with the practices and practices relating to the Internet. Each user is prohibited from copying, modifying, reproducing, publishing, creating a derivative work or using the intellectual property rights described above in any manner whatsoever without the express and written authorization of the FIDCAR Company; Whether this use is for commercial purposes or not. Improper use of these rights will result in copyright infringement and constitute a counterfeit offense. The civil and penal liability of the user may be engaged.

7. Applicable law and competent court:

These Terms of Use are subject to French law. Any dispute relating to the interpretation, performance or validity of this contract will be submitted to the exclusive jurisdiction of the Paris Commercial Court.