GENERAL TERMS & CONDITIONS OF SALE B-C

These General Terms & Conditions of Sale are current as of May 1st 2020

B-C

INTRODUCTION

These General Terms and Conditions of Sales govern all services provided by the company ACUMASS, SAS, with a share capital of 829,000 euros, registered in the RCS of Paris under the number 324 972 926 and whose head office is located 3 rue Moncey, 75009 Paris, France (hereinafter “the Company”).
The Company can be reached at the following telephone number: +33 (0) 1 53 32 87 50 or at the following email address: info@acumass.com
These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) govern the contractual relationship (hereinafter the “Agreement”) between the Company and customer (hereinafter jointly referred to as “the Parties” and individually as the “Party”). IT BEING SPECIFIED THAT FOR EACH SERVICE, SPECIAL CONDITIONS COMPLEMENT THESE GTCS. These GTCS apply to any contract concluded between the Company and customer (hereinafter “Customer”) concerning the sale of services by the Company to Customer, as referred to in the order form communicated to Customer (hereinafter the “Order Form”).
These GTCS as well as the special conditions for each service are systematically communicated to each Customer before the conclusion of the Agreement. Consequently, the fact of placing an order for the services (hereinafter the “Order”) implies the full and unreserved acceptance of Customer to the said GTCS and to the special conditions, excluding any other documents. Any Order, thus accepted, can not be canceled by Customer, and shall constitute a firm commitment to purchase the services concerned.
These GTCS and the special conditions fully govern the Agreement.
These GTCS and the special conditions concerning the services offered by the Company are aimed for consumers within the meaning of the Consumer Code.
The Company offers to Customer services in the matter of:

– Payment of Patent Annuity

– Renewal of Trademarks, Designs, and Models

– Validation of European patent filing (hereinafter together known as the ‘services’)

ORDER PROCEDURE CONCERNING THE PAYMENT ANNUITIES BY THE COMPANY

Registration of Customer’s Patents, known as the Introductory Phase.

The Company undertakes to integrate Customer’s patent portfolio into its computer system. It being specified that only Customer is responsible for the data provided.
The list of patents whose payment of annuities is assigned to the Company.
The Company shall send the list of patents for confirmation to Customer after having received the said list of patents and signed the GTCS.

Sending of Deadlines by the Company to Customer

The Company shall monthly send to Customer by: postal mail / mail and three months before the expiry of Customer’s patent annuities, a list (hereinafter “Reminders”) of the patents to be maintained in force by the payment of annuities.
For each patent subject of the Reminder, the Company shall indicate on the invoice / by mail / by post / in the monthly shipment the date to pay and the corresponding forecast amount.
Customer may send instructions to the Company concerning the payment of annuities of its patents no later than the 10th of the month preceding each due date.
The Company shall send to Customer annually in December a forecast annual budget. This forecast budget given for purely indicative purposes shall list the amount of the annuities relating to Customer’s patents for the following year (N + 1).

Modification of the Reminder by Customer

After receipt of the Reminder, according to article 2.2.1 of these GTCS, Customer may return instructions to the Company (withdrawal of payment of annuities, modification, addition of a new patent).
It being specified that Customers holding a license for the LOLA software or ALISSIA software may send the said instructions in the said software.
The Reminder modified by Customer, in writing or via the aforementioned software, must be received / sent to the Company no later than the 10th of the month preceding the month of expiry.
Patents with specific Reminder instructions sent to the Company/received by the Companyafter the 10th of the month preceding the expiry month shall be subject to special treatment.
Patents with specific Reminder instructions sent by e-mail to the following address: info@acumass.com, shall be acknowledged by the Company within forty-eight (48) hours, followed by written confirmation by post, accompanied if need be by an invoice, within thirty (30) days.
In default of acknowledgment of receipt within the aforementioned period, Customer must contact the Company. The Company cannot be held liable for an instance of non-payment of an annuity.

Payment of the Annuities of Customer’s Patents

The Company shall proceed with the payments of the annuities between the 10^th and the 15^th of the month preceding the month of expiry.
It being specified that the Company shall make any payment of annuity when it has been instructed to hold or withdraw the payment of the said annuities in the Reminder sent by Customer.

Official Receipts

Upon payment of the annuities, the Company shall send Customer the official receipts.
In the case of Customer’s patents for which receipts are missing one month before the expiry of the grace period, the Company shall send Customer a list of patents for which receipts have not yet been received, in order to be able to coordinate actions with those of Customer.
The Company must provide Customer with the receipts. Customer may request from the Company the original, a photocopy or a digital scan free of charge.

Customer’s Patent Data Updates

New patents belonging to Customer’s portfolio or any deed generating payment of annuities must be communicated to the Company in due time. Such information may also be recorded via the LOLA Software or ALISSIA software.

EUROPEAN PATENT VALIDATION SERVICES

The Company offers National Validation Services for European Patents to the Member States of the European Patent Convention (EPC) and States authorising the extension and / or validation of such patents. The Company provides this Service in all countries where the European patent can be extended.
In order to provide this Service, the Company goes through local agents (hereinafter the “Correspondent(s)”), so as to file a request for extension / validation of the patents and to pay the extension and/or validation fees.
The Company shall provide Customer with the list of Correspondents. The Company shall promptly inform Customer of any change in the list.
The procedure concerning the validation of European patents is described below:

– The validation instructions for European patents must be sent to the Company by Customer;

-The Company shall not proceed to any validation if no unequivocal instruction has been received from Customer;

-Customer’s instructions shall be received by the Company no later than fifteen (15) calendar days before the final patent validation deadline;

-Any instruction sent by Customer after the aforementioned period shall be subject to a price increase of the Company, and may result in any additional costs (eg transmission of documents by DHL or equivalent, late filing of power, etc.);

-Any instruction from Customer to the Company shall be acknowledged by email within forty-eight (48) hours following the receipt.

Customer’s instructions must explicitly specify:

-The number of the European Patent

-The number of the request

-The list of counties in which the patent validation is requested as well as the desired validation period, only the latter is less that the official period of three (3) months after the publication of the grant of the European Patent.

Customer’s instructions may also include:

–A copy of the text as delivered ‘Druckexemplar’ 71-3 and a copy of the ‘EPO Form 2006’ Issuance Decision.

Customer’s instructions shall be forwarded to the Country Correspondent within two (2) business days following receipt of the said instructions by the Company.
Customer is informed that certain National Offices require the presentation of a power duly signed by Customer; for this purpose, the Company shall send Customer a model of power, Customer is solely responsible for sending the power in due time to the Company, signed and completed correctly.
Concerning European patents granted for Germany, Belgium, France, Ireland, Luxembourg, Monaco, the United Kingdom or Switzerland / Liechtenstein, Customer, the patent owner, is not therefore required to perform particular acts before the relevant Industrial Property Offices for the validation of said patent. However, for the aforementioned countries, the Company proposes to appoint a Local Correspondent who shall be responsible for the registration at the National Office, and as a service address for all communications related to the National Office (including the monitoring of response times), excluding the renewal dates of the annuities of the said patent.
The Company is responsible for the translation of the patent as granted, modified or limited in one of its official languages, or, to the extent that the State in which validation is requested has imposed the use of an official language, in the latter language.
The Company shall send the official titles or any other proof of the payment of taxes and / or submission of validation request to Customer.

RENEWAL OF TRADEMARKS, DESIGN AND MODELS

The Company offers a renewal service of industrial property rights concerning trademarks, designs and models. The Company provides these Services in all countries and jurisdictions where an Industrial Property Office exists.
The maintenance in force of these rights by the renewal may be accompanied by Registration Services of changes concerning the right-holders provided by the Company on the registers of the different national or regional industrial property offices (registration of transfer of ownership, registration of change of address of the holder, etc.), or other necessary acts such as: the limitation of classes, the reclassification of the Services concerning a trademark.
In order to provide these Services, the Company covers the fees due to the Industrial Property Offices, or through local agents (“Correspondents”). The Company has the right to perform the Services with other Correspondents subject to prior information of the Client. The Company shall promptly inform Customer of any change in the list of Correspondents.
The Company acts following Customer’s instructions. Any instruction from Customer must be received by the Company no later than thirty (30) calendar days before the due date. Any instruction sent by Customer beyond this period shall be subject to a price increase, and may result in any additional costs (eg transmission of documents by DHL or equivalent, late filing of power, etc.).
All instructions shall be acknowledged by the Company within forty-eight (48) hours unless the renewal period is shorter. In default of an acknowledgment of receipt by the Company, Customer shall promptly contact the latter.
The Company proceeds with the renewals and formalities required over the instructions and deadlines as defined by Customer.
The Company shall not proceed to any renewal or registration if no unequivocal instructions have been received from Customer to this effect.
The Company shall send any official titles available to Customer.
If the Company does not have the official titles in writing, the Company shall send Customer the official digital title or extract from the Office’s database or any other proof of payment of taxes and / or registration renewal by the Company.
Customer shall provide the Company with the necessary information and assistance to facilitate the execution of the various Services and enable the Company to perform each Service.
Customer shall ensure the accuracy of the information and instructions provided and cannot hold the Company responsible for the consequences of any errors and / or omissions that may occur due to inaccurate information and instructions sent to the Company.

OBLIGATIONS OF THE PARTIES

The Parties shall collaborate actively and in good faith to ensure the proper performance of the Agreement. Each Party undertakes to communicate any difficulties that may arise through the Order process in order for the other Party to take the necessary decisions.
Customer shall provide fair and truthful information and to notify the Company of any change concerning the information, data, documentation and needs.
Customer shall be solely responsible for any malfunctions that may result from incorrect information.

Obligations of the Company

The Company undertakes to give itself all the necessary means and to make every effort to achieve its mission according to the rules.

Obligations of the Customer

Customer undertakes to comply with these GTCS and use the Services according to the instructions of the Company.
Customer undertakes to perform its obligations in compliance with this Agreement and in good faith.
Customer undertakes to collaborate closely with the Company and to provide the Company with any information, documentation, services and any means necessary for the performance of the Agreement and in order for the Company to fulfill its obligations.
If, for any reason, the Company considers that Customer does not comply with these GTCS and/or the special conditions, the Company may at any time, and in its sole discretion, remove its access to the Services and take any measures including any civil and criminal proceedings against him.

ORDER

Customer may order one or more Services from the Company, as listed in the Order Form. After signing the Order Form, the Company shall send Customer by email or by post the confirmation of his Order request.
After acceptance of these GTCS and validation of the Order, the Agreement is validly concluded between the Parties and binds them irrevocably.
The Company advises Customer to keep the information contained in the Order confirmation, in paper base or computer support.
Orders placed by Customer are therefore firm and irrevocable and are governed by these GTCS, subject to the application to Customer of the right of withdrawal as defined in these GTCS.
Any fraudulent Order or presumed as such, shall be considered by the Company as null and void.
The Company has the right to cancel or refuse any Order coming from a Customer with whom there is a dispute over the payment of a previous Order.

PAYMENT

The price conditions of the Company are provided on simple request of Customer and form an integral part of these GTCS.
At the conclusion of the Agreement, Customer shall pay a provision equal to one (1) month of payment excluding VAT (taxes + possible disbursements), that is _____ euros excluding VAT. The Company shall issue an invoice corresponding to the amount of the said provision at the request of Customer.
The invoices issued by the Company shall include the details of the expenses incurred, for each Customer’s patent, while distinguishing prices, official taxes and possible disbursements incurred. These prices shall be expressed in local currency, the exchange rate applied and the counter-party being expressed in euros
Concerning the payment of the annuities of Customer’s patents entrusted to the Company, the amounts are as follows (it being specified that the amounts are expressed excluding VAT and any other tax or duty):

– 16 euros (sixteen) per annuity in addition to any taxes and disbursements, regardless of the country where the amount of the annuity is made, for an annual volume of annuities paid less than 100 (one hundred);

– 12 euros (twelve) per annuity in addition to any taxes and disbursements, regardless of the country where the amount of the annuity is made, for an annual volume of annuities paid between 100 (one hundred) and less than 500 (five hundred);

– 10 euros (ten) per annuity in addition to any taxes and disbursements, regardless of the country where the amount of the annuity is made, for an annual volume of annuities paid greater than or equal to 500 (five hundred) and less than 1000 (thousand);

– 8 euros (eight) per annuity in addition to any taxes and disbursements, regardless of the country where the amount of the annuity is made, for an annual volume of annuities paid greater than or equal to 1000 (one thousand);

– 23 euros (twenty-three) excluding tax per annuity for patents “put on hold” according to Article 2.3.

These prices are subject to variation and annual changes, subject to prior information of Customer.
Concerning the European Patent Validation Services: the fixed price per European patent validation is 90 (ninety) euros per country where the patent has been validated.
Prices for Services are provided in euros and exclude all taxes and VAT, Customer being responsible for the payment of the said taxes.
The various discounts and rebates are granted according to the quantities of Services purchased.
The Company’s invoices are due thirty (30) days as of their date, by cheque or by bank transfer.
In the case of a payment by cheque, Customer must send it by mail to the Company, along with the Order summary and the Order reference on the back of the cheque. The Services shall only be provided after receipt of the said cheque by the Company.
The Company has the right to suspend or cancel any execution of an Order, regardless of its nature and level of performance, in case of a non-payment or partial payment of any sum due by Customer to the Company.

WARRANTY

Customer is the only responsible for any use of the Services.
The Company shall only be held responsible by the legal warranties applicable to the Services, excluding any other warranty.

DURATION & TERMINATION

Agreement Length: Concerning the Services provided by the Company: The initial duration of the Agreement is mentioned in the Order Form of Customer. The Services are not subject to tacit renewal. (Please confirm)
Subject to public policy provisions, each of the Parties may terminate the Agreement in case of serious misconduct subject to notifying their decision to the other Party by registered letter with acknowledgment of receipt.
Constitutes a serious fault (i) the fact for a Party not to remedy a serious breach of the Agreement within fifteen (15) days of the letter of bet is sent by registered letter with acknowledgment of receipt, (ii) the total or partial non-payment of an invoice on its due date by Customer.
The defaulting Party undertakes to indemnify the other Party for all proven damages suffered as a result of the termination of the Agreement by default of the defaulting Party to meet its contractual obligations.

INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights on Services: All elements of the Services are protected by copyright, trademark law, designs and / or any other intellectual property rights. These elements are the exclusive property of the Company. All of these rights apply for the whole world.
Customer must under no circumstances dismantle, decompile or reverse engineer the Services.
The name and trademark “ACUMASS”, logos, designs, stylised letters, figurative marks, and all signs are and shall remain the exclusive property of the Company.
No title or right to any element or software shall be obtained by downloading or copying elements of the Services. Customer is strictly prohibited from reproducing, publishing, editing, transmitting, distributing, showing, removing, deleting, adding to the Services, modifying or performing any work by taking them as a basis, selling or participating in any sale related to the Services and software.

RESPONSIBILITY

The Company shall in no circumstances be held responsible for: (i) damages due to Customer’s failure to fulfil its obligations; (ii) indirect damages as defined by the case law of the French courts
The Company cannot be held responsible for the breach of the Agreement in case of force majeure as defined by Article 1218 of the Civil Code and the French courts, and in case of damage by a third party or attributable to a misuse or improper use by Customer of the Services, in violation of the Company’s instructions or good practice.
Customer is solely responsible for the information provided to the Company, in particular concerning its patent (s) and / or trademark (s) and / or design (s) and model (s). For this purpose, Customer undertakes to provide valid, adequate and up-to-date information.

PERSONAL DATA

The provisions concerning data protection as provided by the Data Protection Act of 6 January 1978 as amended and the EU General Data Protection Regulation of 27 April 2016 applicable from 25 May 2018 (hereinafter referred to as the “GDPR”) are located in the Appendix I.

CONFIDENTIALITY

Definition. “Confidential Information” includes all information defined as such in this Section and disclosed by either Party before or after the effective date of the Agreement and generally not publicly known in any form or support whatsoever.
Confidential Information. All technical, operational, scientific, financial, commercial, legal, know-how, intellectual property rights and industrial property rights related directly or indirectly to the Services are indicated as confidential or, if not written (by example, disclosed orally) must be declared confidential at the time of disclosure.
Exceptions. Notwithstanding the above, the obligations of the Parties shall not apply to any material or information that: (i) is or becomes part of the public domain apart from any act or omission on the part of the receiving Party; (ii) is independently developed by the receiving Party without using the Confidential Information of the disclosing Party; (iii) is properly obtained from a third party without any obligation of confidentiality; Or (iv) is already known to the receiving Party without any obligation of confidentiality before obtaining confidential information from the disclosing Party. In addition, none of the Parties may be held responsible for the disclosure of Confidential Information if it is made in response to a valid court order or an authorized government agency, provided the notice is given promptly to the disclosing Party by the receiving Party so that the first one may request a protection order.
Duration of non-disclosure. Confidential Information shall remain subject to the obligation of confidentiality for three (3) years after the termination of this Agreement.

RIGHT OF WITHDRAWAL

Concerning the supply of Services: In accordance with Article L.221-18-13 of the Consumer Code :

“The consumer has a period of fourteen days to exercise his right of withdrawal of a contract concluded remotely, following a canvassing telephone or off-premises, without having to motivate his decision or to bear other costs than those provided for in Articles L. 221-23 to L. 221-25.

The period mentioned in the first paragraph runs from the day of :

1° The conclusion of the contract, for service contracts and those mentioned in Article L. 221-4;
2° The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt of the last good or lot or the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first goods. “ In accordance with Articles L.221-18 et seq. of the Consumer Code, Customer has a period of 14 (fourteen) days from the conclusion of the Agreement or the supply of the Services to exercise his right of withdrawal from the Company without having to give reasons or pay a penalty.

To exercise the right of withdrawal of the Order, Customer must notify its decision of withdrawal by means of an unambiguous declaration, without having to give reasons. Customer may communicate its decision of withdrawal to the Company by any means, in particular by mail addressed to the Company at the following address: Acumass customer service, 3 rue Moncey 75009 Paris or by email at: info@acumass.com.
Customer shall complete a withdrawal form included in the Appendix II of these GTCS. Once completed, the withdrawal form shall be sent by any means to the Company.
In case of notification to the Company by Customer of his decision to withdraw, regardless of the means used, the Company shall send Customer an acknowledgment of receipt of the withdrawal on a durable medium (including by email), without any delay.
In the event of withdrawal by Customer, the refund of the Service (s) which has or has been the subject of the right of withdrawal is made by the Company by the same means of payment used for the initial transaction, unless Customer expressly agrees for a different way. This refund shall not incur any costs for Customer. The refund has to be made as soon as possible, and no later than fourteen (14) days from the date on which the Company is informed of Customer’s decision to cancel the Order.

Exclusion of the right of Withdrawal for the Services

In accordance with Article L.221-18-13° of the Consumer Code, if Customer wishes the Service (s) to start before the end of the withdrawal period of fourteen (14) days such as mentioned in Article L. 221-18 of the Consumer Code, the Company shall obtain its express prior agreement and its express waiver to exercise its right of withdrawal.
Customer who has exercised his right of withdrawal before the end of the withdrawal period, shall pay the Company an amount corresponding to the Services provided until the communication of his decision to withdraw. This amount is proportionate to the total price of the agreed services.
No sum is due by Customer having exercised his right of withdrawal if its express request was not collected in accordance with articles L.221-25 and L.221-28-13 ° of the Consumer Code.

APPLICABLE LAW & TERRITORIALLY COMPETENT JURISDICTION

These GTCS are governed by and interpreted according to French law, without regard to the conflict of laws principles.
In the event of a dispute likely to arise during the interpretation and / or the execution of the present ones or in relation with these GTCS, Consumer can decide to submit the dispute with the Company to a procedure of conventional mediation or any other alternative method of dispute settlement. Customer may in particular contact MEDICYS, 73 boulevard de Clichy, 75009 Paris, whose telephone number is: 01 49 70 15 93 and the email is: contact@medicys.fr. Customer may also contact mediators from different Member States, as listed in the following link : https://e-justice.europa.eu/content_mediation_in_member_states-64-en.do
Customer is informed that:

-in order for the dispute to be examined by the mediator, Customer must prove that he has made a written complaint to the Company or its customer service department and shall keep written proof of the steps taken;

-the request must be justified and legitimate.

Customer may seize the mediator within a maximum of one (1) year following his written complaint to the Company
Finally, in case of failure of this mediation procedure or if Customer wishes to seize a jurisdiction, the rules of the Code of Civil Procedure shall apply.

GENERAL PROVISIONS

Autonomy of clauses

If a particular provision of these GTCS proves to be void or its application to any person or circumstances is deemed to be void, the validity of the other provisions shall not be affected. To this end, the provisions of these GTCS are declared autonomous.

Notification

Any notification must be made in writing and delivered personally, or sent by registered letter with acknowledgment of receipt, or made by extrajudicial act to the address indicated in the Order.

Contact

The Company may be contacted at any time by email at the following email address: info@acumass.com or by telephone at the following number: +33 (0) 1 53 32 87 50.

APPENDIX I: PRIVACY POLICY

In order to allow Customers to order the Services, the Company, acting as data controller, shall collect personal data relating to Customers, including the following personal data:

– First name and Last name

– E-mail address

– Home Address

– Additional Addresses (billing if applicable)(optional)

– Date of Birth (optional)

– Mobile and landline number (optional)

– Patent Registration number

– Trademark Registration number

– Design Registration number

– Model Registration number

If Customer does not wish to communicate its personal data (mandatory), Customer is informed that the Company will not be able to execute its order.
Customer’s personal date is applied by the Company for the following purposes:

Finality	Legal basis of treatment
Registration of the Orders	The processing is necessary for the execution of the Agreement concluded with Customer
Order Management & Processing	The processing is necessary for the execution of the Agreement concluded with Customer
Billing	The processing in necessary for the execution of the Agreement with Customer
Information about the Company, Services, and Company Activities	The processing in necessary for the legitimate interests pursued by the Company
Response to any Questions/Queries from Customers	The processing is necessary for the execution of the Agreement concluded with Customer
Development of trade statistics	The processing is necessary for the legitimate interests pursued by the Company
Management of requests for rights of access, erasure, rectification, and opposition	The processing is necessary for the execution of the Agreement concluded with Customer
Management of unpaid bills and litigation	The processing is necessary for the execution of the Agreement concluded with Customer

Customer’s personal data is retained during the time necessary to achieve the purpose for which the Company holds these data, in order to meet the needs of Customers or to fulfill its legal obligations.
To establish the retention period for personal data, the Company applies the following criteria:

– in the case of an Order for Services, personal data is kept for the duration of the Agreement and three (3) years after the collection or the last contact with Customer, for purposes of commercial prospection;

– if Customer participates in a promotional offer, personal data is kept for the duration of the said promotional offer

– if Customer makes a request to the Company, personal data must be kept for the time necessary to process the request

– the Company may retain data in order to fulfil its legal or regulatory obligations and to exercise its rights and / or for statistical or historical purposes

At the end of the periods mentioned above, personal data shall be erased or the Company shall proceed with their anonymization.
Customer’s personal data is processed by the Company and by the service providers who support its activity, acting as a data processor.
The Company may also disclose personal data in order to cooperate with the administrative and judicial authorities.
The Company undertakes to secure Customer’s personal data in an appropriate manner. The Company undertakes to adopt all necessary precautions in order to preserve the security and confidentiality of data and in particular to prevent it from being distorted, damaged or communicated to unauthorised persons.
The Company is using its own services to host Customer’s personal data. The Company’s servers are located in France. The Company does not make international transfers of Customer’s personal data.
The Company, as a hoster, and pursuant to Decree No. 2011-219 of February 25, 2011 on the conservation and the communication of the data identifying any person having contributed to the creation of contents put on line, has the obligation to keep Customer’s personal data for a period of one year from the day of the creation of the contents, for each operation contributing to the creation of content :

– ID of the connection at the origin of the communication;

– The types of protocols used for connection to the service and for the transfer of contents;

– The nature of the operation;

– The date and time of the operation;

– ID used by the author of the transaction when he provided it.

In case of termination of the Agreement or closure of the account, the hoster must also keep the information provided when subscribing the Agreement (Order) by Customer or when creating an account, for a duration of one year, such period commencing upon the date of termination of the Agreement or closure of the account. Those informations are, namely:

– ID obtained at the creation of the account ;

– Surname and forename or company name;

– Postal details;

– Pseudonyms;

– Email addresses or associated accounts;

– Phone numbers;

– Password and data to verify or modify it, in their latest updated version.

When the subscription to the Agreement (order) or the account is chargeable, the hoster must keep the payment informations for each invoice or transaction, for a period of one year, such period commencing from the date of issue of the invoice or payment transaction. Those informations are, namely :

– Type of payment used;

– Reference of the payment;

– Amount paid ;

– Date and time of the transaction.

OBLIGATIONS OF CUSTOMERS

Customers shall recognise that the personal data disclosed by them is valid, up-to-date and adequate.
Customers shall not infringe the privacy and protection of the personal data of any third party and thus shall not communicate to the Company the data of third persons without their consent.

CUSTOMER RIGHTS

Customers dispose of a right of access, rectification, erasure, portability of their personal data, limitation of treatment and a right to object to the processing of their data by the Company, by contacting the Company directly at the following email address: dpo@acumass.com.
Customers may also, at any time, withdraw their consent to the processing of their personal data by the Company as well as by data processors, by contacting the Company at the following email address : dpo@acumass.com. The Company shall inform data processors of this withdrawal.
Pursuant to Article 40-1 of the Data Protection Act as amended, the Company shall respect the instructions given by any Customer relating to the storage, erasure and communication of its personal data after its death. In the absence of such instructions, the Company shall grant claims of the heirs as said in Article 40-1, III of the Data Protection Act.
In the event of a complaint, Customer may contact the CNIL, which is the competent authority for the protection of personal data, whose contact details are : 3 Place de Fontenoy, 75007 Paris, telephone: +33 (0) 1 53 73 22 22.
For any question regarding the processing of its personal data, Customer may contact the Company by email at the following address: dpo@acumass.com or by phone at the following number: +33 (0) 1 53 32 87 50.
The Company has a Data Protection Officer whose contact details are : Ms. NEEL-MELO, Paula at the following address: dpo@acumass.com or by phone at the following number: +33 (0) 1 53 32 87 50.

Retraction form example:

For the attention of the company Acumass, located 3 rue du Moncey, 75009, Paris, France – info@acumass.com

I / we (*) notify you (*) hereby my / our (*) withdrawal of the contract for the sale of the goods (*) / for the provision of services (*) below

Ordered on (*)/received on (*)

Name of the Customer(s)

Address of the Customer(s)

Signature of the Customer(s)

Date