GENERAL TERMS AND CONDITIONS OF SALE

B-B

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

INTRODUCTION

• These General Terms and Conditions of Sale 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 is reachable at the following telephone number: +33 (0) 1 53 32 87 50 or at thefollowing 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 process of placing an order for the services (hereinafter the ”Order”) implies a full and unreserved acceptance of Customer to the 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. No other special conditions and / or general terms and conditions of purchase communicated by Customer to the Company may prevail over these GTCS, except in the case of a formal and written acceptance by the Company.

• Any provisions derogating from these GTCS and the special conditions shall result from an express agreement of the Parties, reflected in the Order confirmed by the Company or any other document bearing witness of the agreement of the Parties.

• The fact that the Company does not avail itself of any condition of these GTCS and / or the special conditions at any time applicable to the services ordered by Customer shall not be interpreted as a waiver of the subsequent enforcement of any of the said GTCS.

• These GTCS and the special conditions concerning the services offered by the Company are aimed for professionals within the meaning of the Consumer Code.

• The Company offers to Customer services, in particular, with regard to: payment of patent annuity ; renewal of trademarks, designs and models ; certification of European patent filing (hereinafter together the ”Services”).

ORDER PROCEDURE CONCERNING THE PAYMENT OF PATENT 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 / email  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 to the Reminder, the Company shall indicate on the invoice / by email / by mail / in the monthly sendthe date to pay and the corresponding estimated amount.

• Customer may send instructions to the Company concerning the payment of the 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 10th and the 15th of the month preceding the month of expiry.

• It being specified that the Company shall not 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 authorizing 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:

1. The validation instructions for European patents must be sent to the Company by Customer;
2. The Company shall not proceed to any validation if no unequivocal instruction has been received from Customer;
3. Customer’s instructions shall be received by the Company no later than fifteen (15) calendar days before the final patent validation deadline;
4. 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.);
5. Any instruction from Customer to the Company shall be acknowledged by email within forty-eight (48) hours following the receipt.

• Customer’s instructions must imperatively specify :

1. The number of the European patent ;
2. The number of the request ;
3. The list of countries in which the patent validation is requested and the desired validation period, only if the latter is lower than the official period of three (3) months after the publication of the European patent grant.

• Customer’s instructions may also contain:

1. 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 Correspondents within two (2) business days following the receipt of the said instructions by the Company.

• Customer is informed that some 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, duly signed and completed.

• 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 the 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, DESIGNS AND MODELS

• The Company offers a renewal service for 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 which can not therefore be held responsible.
  • 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 can not 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. Customer shall indemnify the Company against any action by a third party regarding the consequences of such an error and / or omission resulting in loss of rights.

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 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 Customer

• Customer shall comply with these GTCS and use the Services according to the instructions of the Company.

• Customer shall perform its obligations in compliance with this Agreement and in good faith.

• Customer shall 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.

• 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 counterparty being expressed in euros.

• Prices are indicative and subject to change.

• 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):

1. 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);
2. 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);
3. 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);
4. 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);
5. 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.

• 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.

• Customer shall not, under any circumstances, make any deduction between the sums due by the Company and the sums owed to the Company, unless the latter expressly agrees to do so.

• 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.

• If applicable, in case of a non-payment of an invoice on its due date, interest at the legal rate in force plus four (4) points shall automatically be applied by the Company until full payment, and without prior notification.

• In accordance with Articles L.441-6 of the French Commercial Code and D.441-5 of the French Commercial Code, any delay in payment entails, in addition to penalties for late payment, an obligation for Customer to pay a lump sum indemnity of forty (40) euros for collection costs. When the recovery costs incurred exceed the amount of this lump sum indemnity, the Company may request additional compensation, upon justification.

DURATION AND 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.

• 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 (software).

• The name and trademark ”ACUMASS”, logos, designs, stylised letters, figurative marks, and all signs are and shall remain the exclusive property of the Company.

WARRANTY

• The Customer is only responsible for the use of the Services.

• The Company shall only be held responsible by the legal warranties applicable to the Services, excluding any other warranty.

• The Company warrants Customer against any action, claim, advocacy or opposition from any person invoking an intellectual property right to which the sale of Services would have affected, provided that Customer informs the Company, as soon as Customer is aware of, of any request, claim or proceeding presented or committed for such a reason, by judicial or extrajudicial means.

• Customer shall provide the Company with all documents and information as well as all the assistance that may be necessary for its defence.

RESPONSIBILITY

• These conditions set out the limits of the Company’s liability, as well as the limits of Customer’s rights to compensation.

• The Company shall be held responsible for its negligence and its faults, as well as those of its attendants, if any of such negligence or misconduct is likely to cause the death or injury of any person.

• The liability of the Company for direct and proven damages caused to Customer is limited to the amount of the Order in question. In no event shall the Company be held responsible for indirect, incidental or special damages as defined by the case law of the French courts.

• The Company shall in no circumstances be held responsible for: (i) damages due to the Customer’s failure to perform its obligations; (ii) any financial or commercial damages such as, for example, loss of profits, loss of customers, loss of data, any business troubles, loss of orders, which constitute unpredictable and indirect damages and, consequently, do not open the right to compensation.

• 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.

• In the event of any breach by the Company in the performance of its obligations (failure to perform or improper performance), Customer must notify the latter within fifteen (15) working days from the observation of the breach, by registered letter with acknowledgment of receipt. Failing this, the breach shall be considered unenforceable against the Company.
  1. 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.

• Likewise, Customer makes his personal deal and is solely responsible for the laws and regulations applicable to the content hosted by the Company and the protection of personal data.

• Finally, Customer is solely responsible in relations with his own customers.

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.

INSURANCE

• Each of the Parties undertakes to maintain in force throughout the duration of the Agreement, with an insurance company known creditworthy, an insurance policy guaranteeing damage to its property and personnel, and a policy covering its professional liability, so as to cover the pecuniary consequences of the bodily, material and immaterial damage that it would have to answer, caused by any event and that would be caused by its collaborators and / or possible partner companies during the execution of the Agreement.

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.

• Each of the Parties undertakes, both on its own behalf and on behalf of its employees, to preserve Confidential Information.

• 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.

• Damage. Each of the Parties acknowledges that any unauthorized disclosure or use of the Confidential Information would cause imminent irreparable harm to the other Party and that such Party shall be entitled, in addition to any other remedy available in law or equity, to a temporary, preliminary and permanent injunction.

• Duration of non-disclosure. Confidential Information shall remain subject to the obligation of confidentiality for three (3) years after the termination of this Agreement.

• Restitution. At the end of this Agreement, Confidential Information shall be returned.

APPLICABLE LAW AND TERRITORIALLY COMPETENT JURISDICTION

• These GTCS are governed by and interpreted according to French law, without regard to the conflict of laws principles.

• The Courts within the jurisdiction of the Paris Court of Appeal shall have the sole jurisdiction in any dispute relative to the interpretation or the execution of these GTCS, notwithstanding plurality of defendants, additional claims, interlocutory proceedings or warranty claims, unless the Company prefers to seize any other competent jurisdiction.

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.

• Language of the Agreement

The Agreement is written in French. A foreign language translation may be provided for information purposes. In case of contradiction, only the French version is authentic between the Parties.

• Disposal

The Company may decide to assign or transfer the rights or obligations conferred on it by these GTCS, provided that Customer benefits from the same obligations as the Company and under the same conditions.

• Evidence Agreement

The Parties undertake that all written documents, including electronic writing, exchanged between them and all data, including technical, are authentic and valid proof of the content of their trade and their commitments.

• 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:

1. Last name and first name ;
2. Function ;
3. E-mail adress ;
4. Address of the Company’s head office ;
5. Additional addresses (billing if applicable); (optional)
6. Birth date ; (optional)
7. Mobile and phone number ; (optional)
8. Patent registration number ;
9. Trademark registration number;
10. Design registration numer ;
11. Model registration number.

• If Customer does not wish to communicate its personal data (except those optional), Customer is informed that the Company will not be able to execute its Order.
• Customer’s personal data 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 and processing	The processing is necessary for the execution of the Agreement concluded with Customer
Billing	The processing is necessary for the execution of the Agreement concluded with Customer
Information about the Company, the Services, and the activities of the Company	The processing is necessary for the legitimate interests pursued by the Company
Response to any questions / complaints 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:

1. in the case of an Order for Services, personal data is kept for the duration of the Agreement and three years after the collection or the last contact with Customer, for purposes of commercial prospection;
2. if Customer participates in a promotional offer, personal data is kept for the duration of the said promotional offer ;
3. if Customer makes a request to the Company, personal data must be kept for the time necessary to process the request ;
4. the Company may retain data in order to fulfill 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’s servers are located in France. The Company does not make international transfers of Customer’s personal data.

1. The Company, as a holster, 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 the 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:

• In case of termination of the Agreement or closure of the account, the hoster must also keep the information provided by the Customer when subscribing or when creating and account, for a duration of one year, such period commencing upon the date of termination of the Agreement or closure of the account. This information includes:

ID obtained at the creation of the account

Surname and forename or company name

Postal details

Pseudonyms

Email addresses and associated accounts

Phone number

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 information 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. This information includes:

Type of payment used

Reference of the payment

Amount paid

Date and time of the transaction

Customer Obligations

• 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 the third party without their consent.

Customer Rights

• Customers dispose of the rights 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 contaction 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 the 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 personal data following 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 needing to make a complaint, Customers are invited to contact the CNIL, who is the competent authority for the protection of personal data, via the following means: 3 Place de Fontenoy, 75007, Paris, France or by telephone: +33 (0) 1 53 73 22 22
• For any queries regarding the processing of personal data, Customers are asked to contact the Company by email using the following address: dpo@acumass.com or by telephone +33 (0) 1 53 32 87 50
• The Company has an in-house Data Protection Office whose contact details are as follows: Mme Paula Neel-Melo, dpo@acumass.com, +33 (0) 1 53 32 87 50