Montbel SAS is a French company registered under the number 908 515 075 in Grenoble TCS, located at 15 rue Jamet in Grenoble (38000) ("the Company", "the Publisher").
The Company has designed and operates a software as a service (SaaS), hereinafter referred to as Quaeso, whose purpose is to provide a collaborative tool, making it easier for people to get in touch with each other around co-creation, participative or mutualized creation projects. Quaeso provides the following functionalities (non-exhaustive list):
- Collection of proposals which can be suggestions, good ideas, good practices, feedbacks, projects
- Indication of preferences by voting on these proposals (vote, points, budget)
- Enhancement of these proposals by adding comments
- Sorting of these proposals by association of statuses or tags
- Survey or questionnaire distribution and collection of answers to questionnaires or surveys .
- Storage of all contents
Access to and use of the Service is subject to full acceptance of and compliance with these Terms. These Terms apply to all Users ("Users"): Visitor and Customer.
Licenses and Subscription
The Service is offered to the Subscriber by the subscription of one or more licenses on a monthly or annual basis ("Subscription"). The Service is invoiced and payment is due on the first day of the period ("Billing Period"). Subscriber chooses a plan ("Subscription Plan") upon subscription to the Service that defines both the number of administrator licenses and the Billing Period, which may be monthly or annually.
At the end of each Billing Period, the Subscription will be automatically renewed under the same conditions. The cancellation of the said renewal can be decided by the Customer and modified in the settings of the platform.
A valid credit card is required to set up the payment of the Subscription. For payment and billing purposes, the Publisher must collect complete and accurate information from the Subscriber, including full name, full address, telephone number, and complete information regarding the chosen payment method.
By subscribing to the Subscription, the Subscriber agrees to be billed for the Service according to the Subscription Plan chosen.
If payment fails, for whatever reason, the Publisher will present an electronic invoice for manual payment which must be made by the Subscriber within 7 days of presentation of the invoice. Failure to do so will result in access to the Service no longer being guaranteed.
A Subscription may be terminated at any time, without penalty. However, no Subscription is refundable, including when it is terminated before the end of the Billing Period.
Exceptions to the above may be granted in the context of specific contractualization materialized by the acceptance of an estimate or the signing of a contract.
The Publisher reserves the right to offer access to the Service for a free trial ("Free Trial"), limited in time. The same information required to validate a Subscription may be required in such case.
In the case of a Free Trial, the Billing Period begins on the first day following the last day of the Free Trial.
Additional services ("Additional Services") may be billed upon presentation of a quote proposed by the Publisher and accepted by the Subscriber. These Additional Services would be specific projects carried out by the Publisher in addition to the Service subscribed to through the Subscription. These Additional Services can be of different natures, and in particular, without being exhaustive: consultation diagnosis, project management, implementation assistance, training and associated advice, drafting of reports, communication support related to an initiative, specific developments.
The presentation of the invoice related to the Additional Services will be triggered by the acceptance of the quote. Payment of half (50%) of the invoice will be required at the start of the Additional Services. The balance shall be due upon completion of the Additional Services.
Changes in Fees
The Publisher may, at any time and at its own discretion, modify the Subscription fees. Any such change shall be effective for the Subscriber at the end of the current Billing Period.
In this case, the Publisher will respect a 3-month notice period before implementing any modification of the Subscription fees.
Use of the Service after the effective date of the modification of the Subscription fees shall be considered as approval by the Subscriber.
Modification of the General Conditions of Use
The Service is frequently updated. Consequently, it is sometimes necessary to update the General Conditions.
The Publisher keeps the right to update and modify these conditions at any time without notice. At this address https://quaeso.io/en/terms are presented the current Terms and Conditions that apply to all Subscribers regardless of the date of subscription to the Service.
In case of significant revision, according to criteria estimated at the sole discretion of the Publisher, information may be sent to the email address linked to the Customer and Users account.
The Service allows to collect, store, assign tags or statuses, link, share, make available suggestions and comments related to suggestions. It allows to indicate preferences through a voting system on the suggestions. Various types of information are collected, stored and processed, including: texts, images, documents, votes. Any data given on the Platform by a User constitutes content ("Content").
The Subscriber is responsible for the Content published on the Platform. The Subscriber is solely responsible for the legality or suitability of the Content in relation to the regulations of the country where the Service is used, charters, rules, internal regulations, rules of use or access, rules related to data protection - including GDPR- of the Subscriber, committing him towards Users. The Subscriber is solely responsible for the protection of the rights related to the Contents.
The publication of Content on the Platform gives the Editor the right to display, reproduce and distribute it through the Platform. The Subscriber is the sole owner of the Content submitted, published and accessible on the Platform.
Subscription to the Service implies the Subscriber's commitment to :
- The ownership of the Content or the right to use the Content
- The approval of the processing of the Content entrusted to the Publisher for the operation of the Service
- The display of the Content on the Platform
The Subscriber undertakes not to allow the posting of Content violating the regulations in force and in particular those concerning the protection of personal data, publicity rights, copyrights, patent rights, trademark rights, contractual rights or any other rights related to persons.
The Subscriber releases the Publisher, its contractors and licensors, and its employees from any liability for any dispute with a User related to the use of the Service or the Content.
The Editor may, if he has knowledge of it, alert the Subscriber on suspicion of violation of rights on these Contents.
Users are solely responsible for the information they provide when creating an account, including information about access to the Service.
The Editor undertakes to take all the necessary care and attention to provide a quality service. However, the Editor is only responsible for an obligation of best efforts.
The civil and criminal liability of the Editor will not be engaged in case of error attributable to the User, and in particular for the errors resulting from:
- The improper use of the Service
- The disclosure of connection information
- The storage of information in violation of the regulations in force, the rules defined between the Subscriber and the Users, or the normal use of the Platform
The Editor proceeds for security reasons to regular backups. The backups are also meant to restore data lost in consequence of handling errors made by the Customer (as a consequence of which, data restorations would be chargeable.)
All media (documents, images) are stored at our hosting partner (see subsequent subcontractors) who ensures replication.
The database is backed up in real time. The Editor keeps the backups for one month. Beyond this period, the Editor will not be accountable for the restoration of a Customer's data. During the one-month period, the said restoration will be chargeable to the Customer according to the time spent and the scale indicated in the rates.
All intellectual property elements used by the Publisher are protected by intellectual property laws, including copyright. The Platform and all its elements, including but not limited to texts, images, videos, photographs, trademarks, logos, company names, domain names are the exclusive property of the Publisher or its partners.
All reproductions or representations, even partial, by any means whatsoever, all automated or non-automated requests to retrieve data published on this Platform, made without the authorization of the Publisher, are illegal and constitute an infringement in accordance with the provisions of the law of March 11, 1957, articles 40, 41 and 42 of the penal code. The license of use granted by the present GCU does not give to the User any exemption.
The Publisher ensures the compliance of the Service with the provisions relating to data protection and particularly the European Regulation 2016/678 of April 27, 2016 (RGPD) in force since May 25th, 2018.
The Publisher acts as a subcontractor of the Subscriber, who acts as the Data Controller.
The goals and purposes pursued are defined by the Subscriber. The setting up of the Platform is a means to serve these goals and purposes.
The Publisher engages its staff and its service providers, within the Services offered on the Quaeso platform, to process the personal data of Users, and undertakes to:
To process only the personal data needed for the operation of the Service
Not to exploit or use the personal data collected through the Platform for its own purposes or on behalf of third parties
Guarantee the privacy of personal data, by taking the necessary measures in terms of physical, technical or organizational security
Not to transfer personal data outside the territory of the European Union
For the required running of the Platform, the data collected are the following:
- Data necessary for the creation of a User account:
- via Google or Linked In authentication systems: ID provider, email and name
(upon login via a third party authentication system such as Google or Linked In we may collect, store and update profile information associated with that third party account)
- via an institutional SSO: ID provider, email and name
- via a local account: Name and email address
- via Google or Linked In authentication systems: ID provider, email and name
- Profile data (year of birth, gender, etc...) whose completion is optional or forced by the Subscriber
- Data linking profiles and profile-groups defined by the Subscriber for the purpose of analyzing individual and collective contributions
- Contents (vote, suggestion, comment, document, answers to questionnaires or surveys for example) whose type is the very purpose of the Service:
- Related to a logged-in User
- Related to a non-logged-in User: session cookie expiring in 4 weeks- Connection data for the enhancement and protection of the Service
- Connections data for Service improving and securing purposes
- Access and use of the Platform by the User:
- Logging of connection logs, navigation on the service (identification and authentication data, date, IP address, user agent) on a semi-annual basis
These data can also be used to prevent spam and other abuses
- Access and use of the Platform by the User:
Results gathered from the data specified above for collective and individual statistics analysis, and for collective and individual participation evaluation.
- Some results may be reflected on the platform in the expression of an effective individual participation evaluation through the attribution of points or badges to Users
The Publisher informs that only the Subscriber defines the sensitive or non-sensitive nature of the data collected through the Content in the context of the setting up of the Service, for purposes that the Subscriber alone defines, independently of the Publisher.
The personal data collected by the Publisher from the Users have for only purpose the availability of the Service, its maintenance in working condition, its enhancement and its security.
The personal data collected by the Subscriber in the Content during the use of the Service is binding on the Subscriber and not on the Publisher.
The deletion of a User account leads to the deletion of all personal data. The Contents (suggestion, comment, document, vote) become consequently anonymous.
The Contents are not modifiable or deletable once they have created a related interaction (vote, suggestion...). Only the accounts authorized by the Subscriber may delete said Content upon request by Users.
The duration of data retention depends on the rules set by the Subscriber in the context of its relationship with Users.
After the end of the contractual relationship with the Subscriber, the data is kept in the scope of our backup policy according to the duration specified in the present General Terms. The Subscriber has the option to delete all or part of the data at any time.
Navigation logs are stored for one year in order to improve and secure the Service.
The Publisher's subcontractors are bound by the same requirements as the Publisher.
The subcontractors of the Editor are:
- OVH : Application hosting, database, log retention
Adresse : 2 rue Kellermann - 59100 Roubaix – France
- Sendinblue : Sending emails
Adresse siège : 7 rue de Madrid, 75008 Paris, France
- Stripe : Payment management (Subscribers data only)
Adresse siège USA: 3180 18th Street 99404 CA San Francisco (USA)
Adresse siège France: 10 Bvd Haussmann 75009 PARIS
Sharing of personal data with third parties
Personal data may be shared with third parties in the following cases:
- Upon free and enlightened consent of the User
- Upon administrative order: when the Publisher believes in good faith that the law requires it, such as pursuant to a subpoena or other legal process.
Application of User's rights
The User has the following rights:
- Update personal information from his User account
- Deletion of his User account
- Editing, modification of the editable Content
- Recovery of personal data
The User must contact the Subscriber acting as data controller to use the following rights:
- Editing, deleting, modifying non-editable Content
The User is hereby informed that the Subscriber may store data concerning him, without the Publisher being able to intervene in this collection, since the copies or backups can be made outside the Platform.
User is advised that if User's account is deleted, User's account and its contents will be irretrievable.
To protect information from accidental or malicious destruction, the Publisher may not immediately delete residual copies of active servers and may not delete information from backup systems. The backup system is detailed in the relevant section of the Terms and Conditions.
The Publisher shall implement and maintain organizational, physical and technical measures to ensure a secure Service. This concerns in particular the protection of Users' personal data against access, loss, destruction or alteration.
Particularly the Publisher has set in the following measures
- HTTPS secure channel
- Access control and logging of server connections
- Antivirus analysis of uploaded documents
A User who knows or suspects that information may have been corrupted should contact the Publisher at firstname.lastname@example.org.
The only cookies operating on the Platform are session cookies and persistent login cookies (expiring at 4 weeks).
The User has the possibility to block, modify the duration of conservation or delete these cookies from his browser.
The Publisher reserves the right to send administrative e-mails regarding changes to the Terms and Conditions, functional improvements, critical information, on a limited basis. You may not opt-out of these emails. You may decline non-administrative emails such as thread notifications.
The Publisher never sends emails requesting a password or personal information. If you receive such an e-mail, please contact the Publisher.