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Article 1. Object

The purpose of these General Terms and Conditions (hereinafter the "GTC") is to define the general provisions applicable to any order for Services placed by a professional customer (hereinafter the "Customer") with ADICTIZ, a SAS with share capital of 350,260 euros, having its registered office at 2 rue Fourier – 59000 LILLE and registered with the Lille Métropole Trade and Companies Register under number 504 614 892, under the SOCIALSHAKER brand (hereinafter "SOCIALSHAKER").

Article 2. Definitions

For the purposes of the GTC and the Quotation, the terms below, whether used in the singular or plural, shall have the following definitions:

"Contract" refers to the GTC and any additional terms specified in the Quotation. In the event of a conflict between the two clauses, the terms of the Quotation shall prevail.
"Quotation" means the quotation submitted by SOCIALSHAKER to the Customer.
"Paid online offer" means any Subscription and any Campaign Consumable or any Account Consumable subscribed to on the Site.
"Free online offer" means the possibility for the Customer to have restricted access to the Solution (maximum of 10 participants, etc.), free of charge, by creating an account on the Site. The terms and conditions of this Free Offer are set out in the FAQ. "Customer" means the customer of ADICTIZ who has subscribed to a Subscription.
"Customer" désigne le client de la société ADICTIZ ayant souscrit un Abonnement.
"Site" refers to the platform accessible at platform.socialshaker.com.
"Solution" means the software solution offered by SOCIALSHAKER in SaaS mode on the Site.
"Campaign" means an interactive and customisable marketing action, carried out using the Solution, using game elements and broadcast through various channels such as social networks, blogs, websites and emails, to engage and retain users during specific events or promotions.
"Services" means all services, including all Subscriptions, Subscription Options, Consumables and Additional Services, offered by SOCIALSHAKER as part of its business:

Subscription
Basic
Professional
Advanced
Flex

Campaign consumables
Participants pack

Account consumables
Emails pack

Subscription option
Tech – CRM connector

Additional services
Tech – Specific development
Media – Sponsorship
Project – Campaign configuration
Project – Graphic design
Project – Testing
Option – Quiz Export answer / Add questions
Project – Copywriting and validation of the regulations
Project – Email creation & integration
Option – Personalised domain
Option – Export photos
Option – Third-party authentication / SSO
Option – Media upload (proof of purchase)

"Subscription" (ABO) means the licence purchased by the Customer, for a monthly or annual period, renewable by tacit agreement, unless terminated in accordance with the forms and deadlines described in article 12 below, which enables access to the Solution and subscription to the other associated Services.
It is specified that the Flex Subscription is a personalised offer which will always be subject to a Quotation and special conditions.
"Subscription Options" (OPTABO) refers to the Solution options that may be requested by the Customer depending on the Subscription chosen.
"Campaign Consumables" (CONSOCAMP) refers to the optional modules of the Solution that may be requested by the Customer as part of the use of the Subscription, regardless of the one chosen and for a period limited to the Campaign for which they have been subscribed. They cannot be carried over from one Campaign to another.
"Account Consumables" (CONSOCOMP) refers to the optional modules of the Solution that may be requested by the Customer as part of the Subscription, if the chosen package allows. As Consumables on the account have no time limit, they can be used as long as they have not been fully consumed and provided that the current Subscription allows this. They are payable when the order is placed.
"Additional Services" (SVCADD) refers to additional services that may be requested by the Customer as part of using the Subscription, but which cannot be subscribed to online.

Article 3. Scope of application

The applicable GTC are those accepted by the Customer when opening an account on the Site. This is the only reason why they benefit from the free Subscription Offer.

The GTC applicable are the same regardless of the Subscription taken out, the Quotations may, however, include special conditions.

SOCIALSHAKER reserves the right to amend the GTC at any time.

SOCIALSHAKER shall then notify the Customer of the new GTC (available, where applicable, on the SOCIALSHAKER website, availability of which shall have been duly notified to the Customer) no later than one month prior to their date of application.

During this period, the Customer may reject the new GTC, in which case the previous GTC will continue to apply until the end of the current contractual period.

However, any renewal of the Contract will be subject to acceptance of the new GTC, following notification.

In the absence of a refusal from the Customer within the aforementioned period, the modifications will be deemed to have been definitively approved by the Customer.

Article 4. Customer account

To connect to the Site and access the features of the Solution, the Customer must first open an account on the Site.

The Customer is responsible for the accuracy and updating of the information provided (first name, surname, name of the legal entity, telephone number and e-mail address). They are informed that they can change them by logging into their account.

To access their account and order history, Customers must identify themselves using their user name and password, which will be sent to them after registration and which are strictly personal to them. In this respect, the Customer undertakes not to communicate them, unless he is legally responsible for any use that may be made of them by a third party and for the consequences arising therefrom.

The Customer may request the closure of his account at any time from the said account on the Site or via the Customer support accessible from the Site. This will take effect at the end of the subscription period in the case of a paying Offer or within a reasonable period in the case of the Free Offer.

In the event of non-compliance with these GTC, the account of the Customer at fault may also be suspended or even closed after formal notice has been sent to the address provided by the Customer, with no effect for 30 calendar days.

Any deletion of an account, for whatever reason, results in the termination of the Subscription contracted, whether for the Free or Paid Offer, with no refund possible, even partial, whether or not the Services contracted have been used.

Article 5. Commitments of the parties

SOCIALSHAKER undertakes to take every care to ensure the quality of the Services provided to the Customer as part of a best endeavours obligation.

For Services provided on Quotation, the number of exchanges necessary for the performance of the Services is limited to two round trips between the parties, unless another number of exchanges has been accepted by SOCIALSHAKER under a specific condition included in the Quotation.

The Customer undertakes to use the Services in compliance with the rights of SOCIALSHAKER and in good faith.

The User acknowledges the investment made by SOCIALSHAKER in the development and promotion of the Website, as well as its intellectual and technical contribution to the presentation of the games offered as part of the Services, the game mechanics, the sequence of the game stages, the graphic design, etc.

Consequently, it is prohibited from exploiting these elements outside the Site, including carrying out or having carried out any computer development resulting in the re-exploitation of the elements of the Campaigns carried out via SOCIALSHAKER or any similar element, unless it incurs liability and must compensate SOCIALSHAKER for the loss suffered as a result. It should be noted that these provisions are without prejudice to the application of those relating to SOCIALSHAKER’s intellectual property.

Article 6. Orders

The characteristics and financial conditions of the Services are specified in the Quotation. Any preferential conditions, including price conditions (discounts, rebates, etc.), granted as part of the purchase of a Subscription are limited to the initial period of the Subscription.

The order is considered definitive when the Customer has paid online on the Site for the Subscription chosen via the Paid Service or when they have clicked on the "register" button for the Free Online Offer.

In the case of a Quotation, its signature by the Customer shall constitute a definitive order and its receipt by SOCIALSHAKER shall constitute acceptance thereof.

The Customer have the option of changing the Subscription himself on the online account, whether to a lower ("Downgrade") or higher ("Upgrade") Subscription, with the exception of customers who have a "Flex" Subscription, for which it will be necessary to contact customer services as this is a personalised offer.

They may also change the duration of their Subscription (monthly or annual) during the contract period. It is understood that the "Consumables" and "Subscription Option" to which the customer will have access will also be modified according to their choice and what their new Subscription allows.

Changes to the Subscription are governed by the following principles:

In the event of a change from a Monthly Subscription to an Annual Subscription, the new one-year contractual period will begin on the day of the change, subject to the relevant payment having been made.
Example: a Subscription taken out on 1 January for one month, for which the contractual period is extended on 15 January, will be effective for one year from that date.
Any change from an Annual Subscription to a Monthly Subscription takes effect at the end of the current contractual period.
Example: an annual Subscription taken out on 1st January may become a monthly Subscription at the end of the current contractual period, i.e. from 1st January of the following year.
Any Upgrade operation gives access to the functionalities of the new Subscription on the date of the modification, subject to the related payment being effective.
Any Downgrade operation removes access to the Subscription functionalities at the end of the current contractual period (whether monthly or annual).
If the contractual period is extended (from a monthly Subscription to an annual Subscription) or if the Subscription is upgraded, the invoice is issued immediately, with, where applicable, a pro-rated deduction from the initial Subscription to avoid any double invoicing.
Example: If you switch from a Monthly Subscription taken out on 1 January to an Annual Subscription on 15 January, the price of the Monthly Subscription from 16 to 31 January will be deducted from the price of the Annual Subscription billed.

It is not possible to combine either the extension of the contractual period (from monthly to annual) with a Subscription Downgrade operation, or the reduction of the contractual period (from annual to monthly) with a Subscription Upgrade operation.

SOCIALSHAKER reserves the right to suspend any order from a Customer with whom there is a dispute relating to the payment of a previous order until such dispute is resolved.

Article 7. Financial conditions

Online subscription to a Charged Offer

Access to the Solution is subject to payment of the chosen Subscription.
In the event of non-payment, the Subscription will be suspended at the end of a period of fifteen calendar days from the date on which payment is due.
The Customer will then automatically switch to the Free Offer. In the event of subsequent regularisation, the Customer will once again be able to benefit from the Subscription previously taken out, unless he changes his choice of Subscription.

Subscription following the issue of a quotation

Price

The prices of the Services are indicated in the Quotation signed by the Customer. All prices quoted are exclusive of VAT.
The prices of the Services are payable even in the event of non-use or partial use of all or part of the Services during the contractual period in question.
Any discounts or payment facilities granted by SOCIALSHAKER and indicated in the Quotation are valid only for the initial duration of the Services, and may only be renewed with the written agreement of SOCIALSHAKER.

Payment terms and delays

Invoices are issued when the order is placed.

Unless otherwise stipulated, payment for SOCIALSHAKER Services is due by the Customer thirty (30) calendar days from the date of issue of the invoice or on the due dates indicated on the invoice.

Any sum not paid by the due date shall automatically give rise to the application of late payment penalties calculated at the refinancing rate applied by the European Central Bank (ECB) to its most recent refinancing operation plus ten (10) percentage points, without the need for a reminder, as well as the payment of a minimum fixed indemnity of forty (40) euros, for collection costs, SOCIALSHAKER reserving the right to claim a higher indemnity from the Customer in this respect upon presentation of proof.

In addition, any default or delay in payment will result, fifteen (15) calendar days after formal notice to pay, (i) the immediate payment of all sums remaining due by the Customer in respect of orders placed and not settled, (ii) the possibility for SOCIALSHAKER to suspend or interrupt without notice all or part of the Services ordered by the Customer, and (iii) the capitalisation of late payment penalties due, at the same refinancing rate applied by the European Central Bank (ECB) plus ten (10) points, provided that they are due for at least a full year.

Article 8. Intellectual property

Copyright

The Solution offered and made available to the Customer as part of the Services (which in particular enable the Customer to create personalised content) are protected by the laws in force on intellectual property, SOCIALSHAKER being the owner of the relevant rights. The Customer is granted only a personal, non-exclusive, non-transferable right to use the functionalities of the software in the Solution, limited to the duration of the Services.

Any other use, reproduction, representation or adaptation, in whole or in part, of the software of the Solution is systematically subject to the prior written authorisation of SOCIALSHAKER.

SOCIALSHAKER is also the owner of the copyright covering the works produced as part of the campaigns ordered by the Customer, which are only assigned to the Customer within the scope permitted by the Subscription.

Any other use or re-use of the aforementioned elements covered by copyright is subject to the prior written authorisation of SOCIALSHAKER and any unauthorised use would constitute an infringement.

Trademarks and logos

SOCIALSHAKER trademarks and logos are protected. Any total or partial reproduction of SOCIALSHAKER trademarks or logos without its express authorisation shall constitute an infringement as referred to in particular but not exclusively in Articles L 335-2 and L 716-4 of the French Intellectual Property Code.

Databases

The databases established by SOCIALSHAKER and the Customer in their capacity as producers are protected by copyright and by the Act of 1 July 1998 transposing the European Directive of 11 March 1996 on the legal protection of databases into the Intellectual Property Code.

Without the written authorisation of the producer of the database concerned, any reproduction, representation, adaptation, translation or modification, whether in part or in full, as well as any substantial extraction, whether qualitative or quantitative, is prohibited and punishable under articles L 343-4 et seq. of the French Intellectual Property Code.

Article 9. Personal data

Each party recognises the importance of respecting privacy and regulations relating to the protection of personal data. Within the framework of the French Data Protection Act of 6 January 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), the parties have agreed as follows.

Processing of personal data in connection with the provision of the Services:
Where SOCIALSHAKER processes personal data directly on behalf of the Customer, the Customer acts as data controller and SOCIALSHAKER acts as data processor. In this respect, the parties accept the legal and technical conditions of the Data Processing Agreement set out at the following address:
https://legals.adictiz.io/DPA_SocialShaker_Sous-traitant.pdf, comme si elles étaient intégralement énoncées dans les présentes CGV.

Where the Customer is an agency which entrusts the performance of part of its services to SOCIALSHAKER, the Customer acts as subcontractor and SOCIALSHAKER acts as subsequent subcontractor. In this context, the parties accept the legal and technical conditions of the Data Processing Agreement set out at the following address:
https://legals.adictiz.io/DPA_SocialShaker_Sous-traitant_ulterieur.pdf, comme si elles étaient intégralement énoncées dans les présentes CGV.

Processing of employees’ personal data

Each party may also process, as a separate data controller and for the purposes of executing these GTC, certain personal data relating to the other party’s employees, staff, agents, representatives and/or sub-contractors.

Each party undertakes to process the data collected in this way solely for the purposes of managing the customer relationship under these terms and conditions, as well as subsequent customer events and commercial prospecting.

Each party undertakes to ensure that the data it collects relating to the other party’s employees will only be processed by it and, insofar as this is necessary for the performance of the GTC, its agents, partners or service providers. The parties shall retain this personal data, depending on the purpose, for a period not exceeding five (5) years from the expiry of the GTC.

The parties undertake to take all necessary precautions to protect the security and confidentiality of the personal data referred to in this paragraph.

The employees of each party have a right of access, rectification, portability and deletion of their personal data, as well as a right to limit and object to the processing of their data by the other party.

Officials may also formulate post-mortem directives. Finally, they can lodge a complaint with the French Data Protection Authority (Commission nationale de l’informatique et des libertés).

Each party declares and guarantees that it has duly informed its employees, agents, representatives and/or subcontractors working on behalf of the other party of the conditions under which their personal data is to be processed by the other party in accordance with this article.

As part of Additional Services

The Customer acknowledges that as part of the provision of Additional Services, SOCIALSHAKER may use social networks whose data is hosted outside the European Economic Area.

Article 10. Responsability

Operational reserve

SOCIALSHAKER retains the right to object to the Customer’s use of the Services provided until actual payment of the full price in principal and accessories.

In the event of non-payment, and in accordance with Article 7 of these GTC, SOCIALSHAKER may suspend or discontinue the Services concerned. These provisions do not prevent the transfer to the Customer, as soon as the Services have been performed, of the risks of damage that they may cause.

Reservation of property rights

SOCIALSHAKER reserves full ownership of the content created by the Customer using the Solutions until effective payment of the full price and any penalties, collection costs and late payment interest due by the Customer.
In the event of non-payment, and in accordance with Article 7 of these GTC, SOCIALSHAKER may suspend or discontinue the Services concerned. These provisions do not prevent the transfer to the Customer, as soon as the Services have been performed, of the risks of damage that they may cause.

Guarantee

SOCIALSHAKER is only bound to the Customer by an obligation of means and provides no guarantee, express or implied, including any guarantee of quality and suitability for a particular use of the Services ordered.

It is hereby specified that: SOCIALSHAKER alone shall bear the consequences of any claim by a third party regarding the software, i.e. the structure or content of the modules and options accessible on the Solution and included in the Subscription.

The Customer alone assumes the consequences of any claim from a third party concerning the use made by the Customer of the modules and options provided by SOCIALSHAKER, as well as the personalised content created by the Customer as part of the Subscription.

SOCIALSHAKER undertakes to implement the appropriate technical means to allow wide access to the Website and to ensure the security and confidentiality of data under a best endeavours obligation.

SOCIALSHAKER shall not be held liable in the event of any failure, breakdown, difficulty or interruption in operation preventing access to the Site and/or the Services offered thereon.

Nor shall SOCIALSHAKER be held liable for any loss or damage to the integrity of data transiting the Internet network, for any alteration of or unauthorised access to transmissions or data, items or data sent or received, or the sending or receipt of which has failed, except in the event of fault on its part.
For the proper management of the Site, including updates and any corrective operations, SOCIALSHAKER may at any time suspend, interrupt or limit access to all or part of the Site.

Possible damage

SOCIALSHAKER is liable for bodily injury and property damage caused to the Customer resulting directly from a fault on its part, but may not under any circumstances be held liable, regardless of the type of liability action taken, even if SOCIALSHAKER has been informed of their possible occurrence, for indirect or similar damage (incidental damage, special damage, etc.) whether material or immaterial, consequential or otherwise, including damage consisting of loss(es) of profits, loss(es) of earnings, damage(ies) to the image of the Customer. ) whether material or immaterial, consequential or otherwise, including damage consisting of loss(es) of profits, loss(es) of earnings, damage(ies) to brand image, loss(es) of orders and customers, loss(es) of data or deprivation of use suffered by the Customer or a third party.

In any event, and with the exception of bodily injury caused to persons, the financial liability of SOCIALSHAKER shall be capped at the total amount of the price excluding taxes paid by the Customer under the order that caused the damage, which the Customer expressly acknowledges and accepts.

This clause will be applied subject to any mandatory provisions to the contrary contained in certain legislation. In this case, liability will be limited to the extent permitted by the applicable law.

Force majeure

SOCIALSHAKER shall not be held liable, or considered to have failed, for any delay or non-performance, where the cause of such delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals, including the interruption, suspension, reduction or disruption of electricity or other or any interruption of electronic communication networks and more generally for any external cause beyond its control or the fault of a third party.

Article 11. No employee sollicitation

The Customer expressly refrains from soliciting with a view to recruitment or directly or indirectly recruiting any SOCIALSHAKER employee, even if the initial solicitation is made by the employee.

This prohibition applies for the entire duration of the present contract and for twelve (12) months following the date of termination of the contractual relationship for any reason whatsoever.
In the event of failure to comply with this prohibition, the Customer shall be required to immediately pay SOCIALSHAKER, as a penalty clause, a fixed indemnity equal to twelve (12) months of the last gross monthly salary of the person sought or hired.

Article 12. Duration of Services and termination

Duration of Services

The duration of the Services is stipulated in the Quotation or when subscribing to the online Pay-as-you-go Offer.

At the end of the initial term, the Services subscribed to as part of a Subscription continue by tacit renewal of the Contract for successive periods of the same duration.
It is specified that the Customer manages their Subscription online and has the option of cancelling their Subscription via the "My Subscription" customer area on the Site, up until the renewal date.
Unless expressly agreed otherwise by SOCIALSHAKER, Services not fully used or consumed at the end of a contractual period may not be carried over to the next contractual period.

Cancellation

In the event of a breach by one of the parties of one or other of these obligations, not remedied within thirty (30) calendar days of the sending of a registered letter with acknowledgement of receipt notifying the breaches in question, the other party may invoke the automatic termination of the contract binding them, subject to any damages and interest that may be due and the correlative closure of the customer account on the Site.

Article 13. References

The Customer authorizes SOCIALSHAKER to use its name and/or the games it has created on the Site as a professional reference.

Article 14. Privacy policy

The parties undertake to keep strictly confidential all information exchanged and all documents and items produced in the course of performing the Services.
During and after performance of the Service(s), each party and its employees undertake not to disclose to third parties, without the other party’s authorization, the methods and tools which are the exclusive property of the other party.

Article 15. Independence of clauses

If any part of these GTC is found to be void, invalid or unenforceable for any reason whatsoever, such term shall be declared non-existent and the remaining terms shall remain in full force and effect and continue to be enforceable.

The terms declared non-existent would then be replaced by the terms that most closely resemble the content and meaning of the cancelled clause.

Article 16. Tolerance

Failure by either party to invoke a right or breach by the other party shall not constitute a waiver of such right or breach. Any waiver will only be enforceable if it has been expressed in writing and by an authorized representative of the party from which it emanates.

Article 17. Litigation, dispute, claim

The parties expressly agree that in the event of a dispute, difference or claim arising from the present contract, whatever the cause, and before referring the matter to the competent courts, they undertake to do everything in their power to find an amicable solution to the conflict, and to do so within a period of less than sixty (60) calendar days from the first notification by registered letter with acknowledgement of receipt (LRAR) of the dispute, difference or claim.

Article 18. Applicable law – Jurisdiction

The GTC are governed exclusively by French law.

ANY DISPUTE BETWEEN THE PARTIES RELATING TO THEIR COMMERCIAL RELATIONS, AND IN PARTICULAR TO THE CONCLUSION, INTERPRETATION, EXECUTION AND TERMINATION OF THE GTC, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE PARISIAN COURTS, EVEN IN THE EVENT OF A WARRANTY CLAIM OR MULTIPLE DEFENDANTS.

Preamble

This Privacy Policy details SOCIALSHAKER’s (“SOCIALSHAKER”) policy with regard to personal data and cookies on the www.socialshaker.com website (the “Site”). This Policy applies to all information provided by yourself, or collected by us during your browsing on our Site, in accordance with the regulations in force in France regarding personal data as issued from the French law n°78-17 of January 6, 1978 relating to information technology, files and freedoms, known as the “Informatique et Libertés” law and the EU Regulation 2016/679 of May 25, 2018 on data protection known as the “GDPR”.

The purpose of this Privacy Policy is to:

inform persons accessing the services offered on our Site (hereinafter the “Users”) of the manner in which we collect, use and share their personal data (I);
inform persons participating in digital campaigns (hereinafter the “Participants”) of the manner in which SOCIALSHAKER collects and processes their personal data on behalf of Users (II);
inform any Internet user browsing the site of the information we collect using “cookies” (III).

You will be notified of any changes or updates to this Privacy Policy. Your active consent to the new Privacy Policy will be required to continue using the services offered by SOCIALSHAKER.

Processing of users’ personal data by Socialshaker as data controller

Who is responsible for processing your personal data?

The data controller is SOCIALSHAKER, a brand of Adictiz, a company with share capital of €350,260 registered with the Lille Trade and Companies Registry under no. 504 614 892, whose registered office is located at 2 rue Fourier, 59000 LILLE.

The representative of the SOCIALSHAKER data controller is Mr. Julien Cohen in his capacity as Chairman and Chief Executive Officer.

His contact details are as follows:

M. Julien Cohen

2 rue Fourier

59000 LILLE

E-mail : dpo@socialshaker.com

What personal data is collected?

Personal data is any information relating to a natural person who is identified or can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to that person.

In order to provide its various services, SOCIALSHAKER needs to collect your personal data.

When you browse the Site and use the various services offered by SOCIALSHAKER, you consent to SOCIALSHAKER collecting the following categories of data:

Civil status: Last name, First name, Mailing address, Email address, Telephone number, Language ;
Professional life: Business sector, Company name, VAT number, Financial department email address;
Bank details: Credit card number, expiry date, cryptogram; These details are not saved on the SOCIALSHAKER platform. They are encrypted and stored on STRIPE (credit card number not accessible by SOCIALSHAKER) and are deleted once the transaction has been completed:

For a single payment, until the service has been provided, plus the withdrawal period for distance sales of goods and services.

For a subscription with tacit renewal, until the last payment due date if the subscription is not renewed.

Connection data: IP address, password, social account identifiers (Facebook, Google, Linkedin).

(hereinafter the “Personal Data”).

You agree to provide current and valid Personal Identification Data as part of the information requested on the Site, and warrant that you will not make any false statements or provide any erroneous information.

How is your Personal Data collected?

You consent to SOCIALSHAKER collecting your Personal Data when you complete the following documents:

Online platform registration form ;
User profile form ;
Subscription form ;
Payment form ;
Contact form ;
Webinar registration form ;
Subscription form for one or more newsletters ;

You may also provide us with Personal Data when communicating with our customer service representatives via live chat on the site (Intercom) or during telephone or e-mail exchanges as part of our customer service.

For what purposes are your personal data collected?

The compulsory or optional nature of the information requested is indicated by an asterisk at the time of collection. Compulsory Personal Data is data that is strictly necessary for processing or responding to your requests; optional Personal Data collected by SOCIALSHAKER is intended to get to know you better and to improve the suitability of our offers to your needs and your browsing experience on the Site.

Your Personal Data is collected and processed for the following purposes:

Create your user account

In this context, your Personal Data is collected and processed in particular to create authenticated access to SOCIALSHAKER services, to enable you to edit new information about yourself and to create a digital campaign.

Subscription to SOCIALSHAKER services

In this context, your Personal Data is collected and processed to enable you to take out a subscription giving access to SOCIALSHAKER’s premium services, to create digital campaigns, to manage and monitor commercial relations, to manage and monitor payments, and to submit contest rules.

Contact and support

In this context, your Personal Data is collected and processed to guide you in your browsing of the Site, to answer your questions concerning the services and products offered by SOCIALSHAKER, and to provide you with technical assistance.

SOCIALSHAKER webinar training registration

In this context, your Personal Data is collected and processed to enable you to participate in training organized by SOCIALSHAKER, to communicate with us about the training, and to send you offers about SOCIALSHAKER’s services and offers.

SOCIALSHAKER newsletter subscription

In this context, your Data is collected to enable us to send you information on the services and offers provided by SOCIALSHAKER.

You can withdraw your consent at any time by using the unsubscribe link in the newsletter.

Your Personal Data is collected and processed on the following legal grounds:

performance of the contract concluded between the User and SOCIAL SHAKER (General Terms and Conditions of Use; General Terms and Conditions of Sale);
User consent (Newsletter subscription; Webinar training subscription).

Who has access to your personal data?

SOCIALSHAKER employees

Personal Data collected by SOCIALSHAKER is intended for persons duly authorized to process Personal Data within SOCIALSHAKER, in particular, and depending on the nature of the processing and the type of data, persons in charge of the sales department, customer service, marketing department, administrative department, logistics department and IT department.

SOCIALSHAKER’s subcontractors

In order to carry out its activities and provide its services, SOCIALSHAKER uses subcontractors who process Personal Data on behalf of, on the instructions of and under the authority of SOCIALSHAKER.

In accordance with the GDPR, SOCIALSHAKER requires its subcontractors to present sufficient guarantees regarding the implementation of appropriate technical and organizational measures, in order to ensure the security and confidentiality of your Personal Data.

SOCIALSHAKER uses processors located in countries offering an adequate level of protection either because they are subject to the provisions of the GDPR or, in accordance with Article 45 of the GDPR because they benefit from an adequacy decision from the European Commission (i.e. they have been recognized as offering sufficient guarantees by the European Union). This is particularly the case for subcontractors located in the United States who have signed up to the Privacy Shield.

In cases where SOCIALSHAKER has recourse to subcontractors located in countries offering levels of protection not equivalent to the level of protection of personal data in the European Union, SOCIALSHAKER undertakes to regulate this transfer by signing standard contractual clauses established by the European Commission.

How long will your personal data be stored?

SOCIALSHAKER retains your Personal Data, in an active database, in a form that enables you to be identified, for the time necessary to achieve the purposes for which they are collected and processed, such as managing the commercial relationship, managing payment or sending newsletters.

In the case of users who have placed an order with SOCIALSHAKER, their data may also be kept after the end of the commercial relationship for a period of three years for the sole purpose of prospecting and reactivating their account at their request. In the case of users who have not placed an order, their data is kept for a period of three years following collection or the last contact from these users.

Your personal data may also be archived for a limited period of time, with limited and justified access. (i) compliance with SOCIALSHAKER’s legal and regulatory obligations, and/or (ii) to enable it to assert a legal claim, before being permanently deleted.

You may delete your account or one or more campaigns conducted via SOCIALSHAKER at any time on the Platform.

How does SOCIALSHAKER ensure the security and confidentiality of your personal data?

SOCIALSHAKER undertakes to process your Personal Data in a :

legal,
loyal,
transparent,
proportionate,
relevant,
within the strict framework of the objectives pursued and announced,
for the length of time required for the treatment,
securely.

SOCIALSHAKER implements and updates the appropriate technical and organizational measures to ensure the security and confidentiality of your Personal Data by preventing it from being distorted, damaged or communicated to unauthorized third parties.

In the event of a breach of your Personal Data, SOCIALSHAKER shall notify the breach in question to the CNIL as soon as possible, and if possible no later than 72 hours after becoming aware of it, unless the breach in question is not likely to give rise to a risk to Users’ rights and freedoms.

Where a breach of your Personal Data is likely to give rise to a high risk for the rights and freedoms of a User, SOCIALSHAKER will inform the User, as soon as possible, subject to the exceptions provided for in Article 34 of the GDPR.

What are your rights regarding your personal data?

Upon written request, you may access your Personal Data, request that it be amended or corrected, or request that it no longer be included in SOCIALSHAKER’s database.

Under the right of access, you are entitled, in accordance with Article 15 of the GDPR, to question SOCIALSHAKER with a view to obtaining communication of the Personal Data concerning you in an accessible form, confirmation that your Personal Data is or is no longer being processed, communication of the purposes of the processing, the categories of Personal Data processed and the recipients to whom the Personal Data is communicated and the duration of the retention of the Data or the criteria used to determine this duration.

In accordance with Article 16 of the GDPR, the right of rectification gives you the right to require SOCIALSHAKER to rectify, complete or update your Personal Data where it is inaccurate, incomplete, equivocal or out of date.

Under the conditions set out in Article 17 of the RGPD, you may also request the deletion of data concerning you.

In addition, you may request that the processing of your personal data be restricted under the conditions of Article 18 of the GDPR.

In the circumstances set out in Article 20 of the GDPR, you may retrieve from SOCIALSHAKER the Personal Data you have provided to it, in a structured, commonly used and machine-readable format, for the purposes of transferring it to another data controller.

In accordance with Article 21 of the GDPR, you have the option of objecting, at any time, to the processing of your Personal Data for commercial prospecting purposes.

To exercise your rights of access, rectification, deletion, limitation, portability and opposition referred to above, simply send your request by e-mail to the following address:

dpo@socialshaker.com

SOCIALSHAKER will provide the person exercising one of these rights with information on the measures taken, as soon as possible and in any event within one (1) month of receipt of the request. This deadline may be extended by two (2) months, depending on the complexity and number of requests.

If SOCIALSHAKER does not act on the request, it will inform the person as soon as possible, and at the latest within one (1) month of receipt of the request, of the reasons for its inaction and of the possibility of lodging a complaint with a supervisory authority and of lodging a judicial appeal.

These rights are exercised free of charge. However, in the event of a manifestly unfounded or excessive request, SOCIALSHAKER reserves the right to (i) d’exiger le paie(i) require payment of a fee to cover administrative costs, orment de frais tenant compte des coûts administratifs, ou (ii) refuse to comply with such requests.

What recourse do you have in the event of a data breach?

In the event of a breach of Personal Data likely to give rise to a high risk to the User’s rights and freedoms, SOCIALSHAKER shall inform the User in clear and precise terms as soon as possible.

Without prejudice to any other administrative or judicial remedy, Users who consider that the processing of their Personal Data constitutes a breach of the provisions of the legislation in force may lodge a complaint with a competent supervisory authority such as the Commission Nationale de l’Informatique et des Libertés (CNIL).

What data does SOCIALSHAKER not collect?

SOCIALSHAKER does not collect data from children under the age of 15.

SOCIALSHAKER is a BtoB platform and is not intended to collect information concerning minors under the age of 15, since the Site is not addressed to them. Given the technological means available, SOCIALSHAKER will make reasonable efforts to verify that such data is not collected.

SOCIALSHAKER does not collect sensitive data

SOCIALSHAKER does not collect so-called sensitive information such as racial or ethnic origin, sexual orientation, state of health, political opinions, religious or philosophical beliefs or trade union membership, or genetic or biometric data.

Processing of participants’ personal data by socialshaker as subcontractor

SOCIALSHAKER enables its Users to create digital campaigns (hereinafter “the Campaign”). These interactive marketing campaigns enable Users to (i) to collect the personal data of participants in operations launched and broadcast via the platform, and (ii) track campaign results and export participation data.

As part of the creation and organization of the Campaign, the User is responsible for processing the personal data of the Participants in these Campaigns, since the User alone determines the purposes and means of this processing. SOCIALSHAKER, which collects and processes Participants’ personal data on behalf of and on the instructions of the User, thus acts as a subcontractor.

Rights and obligations of the User

In accordance with Article 13 of the GDPR, the User who collects the personal data of a Participant undertakes to provide the Participant with the following information:

the identity and contact details of the data controller and its representative;
contact details of the Data Protection Officer (DPO), if any;
the purposes of the processing for which the data are intended;
where applicable, the legitimate interests pursued by the controller or by a third party ;
data recipients ;
any data transfers outside the EU;
the data retention period, or at least the criteria for determining it;
the existence of the right to ask the data controller for access to the data, its rectification or erasure, the limitation of processing, the right to object to processing and the right to portability of their data;
where collection and processing are based on consent, the right to withdraw consent at any time;
the right to lodge a complaint with a supervisory authority;
information on the compulsory nature of the information and on the possible consequences of not providing the data;
where applicable, the existence of an automated decision, including profiling, and useful information concerning the underlying logic.

All this information must be made available to Participants in a concise, transparent, comprehensible and easily accessible manner, in clear and simple terms.

The User declares and guarantees that it meets its obligations with regard to the protection of Participants’ personal data, and in particular (i) ensure the lawfulness of the personal data processing it carries out, (ii) have implemented all appropriate technical and organizational measures to guarantee the security and confidentiality of such personal data, and (iii) to enable Participants’ rights to be exercised effectively and promptly.

The User undertakes, when creating and configuring Campaigns, to comply with the principles of Privacy by design and Privacy by default decreed by the GDPR, and thus, in particular, to process only the data strictly necessary for the announced and freely consented processing purposes, and to retain personal data only for the time necessary to achieve these purposes.

When creating a campaign form, the User must ensure that :

only collect personal data that is strictly necessary for the purposes for which it is collected;
keep free text and customizable fields to a minimum;
not to collect sensitive information such as racial or ethnic origin, sexual orientation, health status, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data.

If the User collects personal data from persons under the age of 15, in accordance with the amended French Data Protection Act (loi informatique et libertés n°78-17), he/she undertakes to obtain the joint consent of the minor under the age of 15 and the holder of parental authority (by ticking two boxes).

The User must include a notice under his campaign form containing at least the following information:

The identity of the User as the party responsible for processing Participants’ data;
The purposes of processing Participants’ data;
Les droits des Participants sur leurs données personnelles (accès, rectification, effacement, limitation, opposition et portabilité), ainsi que la personne à contacter pour toute demande d’exercice de ces droits ;

And, if applicable :

The existence of automated decision-making (including profiling);
Provision of personal data to commercial partners.

The User shall be solely responsible for any infringement of regulations concerning personal data committed in the context of the creation and configuration of its Campaign via the Website, and SOCIALSHAKER shall not incur any liability in this respect. Similarly, as SOCIALSHAKER has no knowledge of or control over the use made by Users of Participants’ personal data collected via the Site, it may not be held liable for any breach of respect for such personal data committed by the User.

Rights and obligations of SOCIALSHAKER

SOCIALSHAKER only collects and processes Participants’ personal data in connection with the creation, organization and management of the Campaign created and configured by the User and solely for this purpose.

SOCIALSHAKER will carry out the following operations:

Hosting and storage of participation data and visualization of personal data on the SOCIALSHAKER platform;
Export data in CSV format to enable customers to retrieve their participation data;
Statistical analysis (not individual) to monitor Campaign performance;
Necessary blocking of entries based on the geolocation of the Participant’s IP address and email address;
Sending of an email to verify the Participant’s identity (optional, active only if the User has subscribed);
Audit of collected data and verification of compliance (at user’s request).

SOCIALSHAKER undertakes to process Participants’ personal data only in accordance with the instructions provided by the User in this Privacy Policy.

Given the service offered by SOCIALSHAKER and the technical specificities of the Site, the User has considerable latitude to create and configure his Campaign, without any control or moderation being possible by SOCIALSHAKER. The User must therefore comply with the regulations applicable to the processing of Personal Data.

SOCIALSHAKER guarantees the security and confidentiality of Participants’ personal data that it processes on behalf of the User, and undertakes to make available to the User, upon request, information concerning the technical and organizational security measures implemented for such processing.

SOCIALSHAKER undertakes to notify the User as data controller of any breach of Participants’ personal data as soon as possible after becoming aware of such breach. This notification is accompanied by any useful documentation enabling the User, if necessary, to notify this violation to the CNIL.

It is the User’s responsibility to ensure that the rights of Participants to their personal data are respected. Nevertheless, SOCIALSHAKER shall, insofar as possible, assist the User in fulfilling its obligation to comply with requests to exercise the rights of the persons concerned: right of access, rectification, erasure, opposition, limitation, portability, not to be subject to an automated individual decision (including profiling).

In carrying out its activities and providing its services, SOCIALSHAKER has recourse to subcontractors, who process Participants’ personal data on behalf of, on the instructions of and under the authority of SOCIALSHAKER.

SOCIALSHAKER requires its subcontractors to provide sufficient guarantees as to the implementation of appropriate technical and organizational measures to ensure the security and confidentiality of Participants’ personal data.

SOCIALSHAKER utilise des sous-traitants situés dans des pays offrant un niveau de protection adéquat soit parce qu’ils sont soumis aux dispositions du GDPR, soit, conformément à l’article 45 du GDPR, parce qu’ils bénéficient d’une décision d’adéquation de la Commission européenne (c’est-à-dire qu’ils ont été reconnus comme offrant des garanties suffisantes par l’Union européenne).

Dans les cas où SOCIALSHAKER a recours à des sous-traitants situés dans des pays offrant des niveaux de protection non équivalents au niveau de protection des données personnelles dans l’Union européenne, SOCIALSHAKER s’engage à encadrer ce transfert par la signature de clauses contractuelles types établies par la Commission européenne.

SOCIALSHAKER provides Users who request it with a list of its subcontractors.

SOCIALSHAKER shall delete all personal data of Participants processed on behalf of the User, at the end of a period of 2 (two) years from the date of collection (date of creation of the Campaign being taken as proof), unless the User sends SOCIALSHAKER, before the end of this period, a request to :

– recover all personal data; or

– have all such personal data transferred to the subcontractor designated by the User.

In any event, the transfer of personal data shall be accompanied by the destruction of all existing copies in SOCIALSHAKER’s information systems. The destruction will concern the Campaign created 24 months earlier, as well as all related data.

SOCIALSHAKER keeps a written record of all categories of processing activities carried out on behalf of its Users, including the following information:

Name and contact details of the User on whose behalf SOCIALSHAKER is acting, its subcontractors and its DPO;
Categories of processing carried out on behalf of the User;
Data transfers outside the EU ;
The technical and organizational security measures put in place to guarantee the protection of Participants’ personal data.

SOCIALSHAKER shall make available to the User, upon request, the documentation necessary to demonstrate compliance with its obligations and to enable audits to be carried out.

Processing of personal data collected through cookies

Cookies are text files, often encrypted, stored in your browser. They are created when a User’s browser loads a given website: the site sends information to the browser, which then creates a text file.

Each time the User returns to the same site, the browser retrieves this file and sends it to the website server.

We can distinguish two types of cookies, which have different purposes: technical cookies and advertising cookies.

Technical cookies are used throughout your browsing experience to facilitate navigation and perform certain functions. A technical cookie may, for example, be used to memorize the answers given in a form, or the user’s preferences regarding the language or layout of a website, where such options are available.

Advertising cookies may be created not only by the website on which the user is browsing, but also by other websites displaying ads, widgets or other elements on the page displayed. In particular, these cookies may be used for targeted advertising, i.e. advertising based on the user’s browsing habits.

SOCIALSHAKER uses the following technical cookies:

Socialshaker newsletter : We use cookies to control the display of our newsletter subscription pop-up to avoid intrusive display for a user who has already seen it. The closure is memorized and the pop-in is no longer displayed for 30 days.
Socialshaker User back office : We use cookies to remember which users have seen and closed the pop ins guiding them to use our platform.

SOCIALSHAKER does not use advertising cookies or audience measurement cookies.

SOCIALSHAKER’s subcontractors use the following cookies:

CloudFlare uses cookies to manage the web cache of Site visitors’ browsers. This allows us to optimize the loading of our Site pages during subsequent visits.
WordPress uses cookies to track site performance, such as loading speeds and page views.
Google analytics uses cookies to track visitors and users and to measure the audience of our website, our platform and our apps (launched by our users). The aim is to analyze the browsing habits of visitors and users to enable us to optimize our online tools for our audiences. These cookies are essential for creating campaigns on our platform in order to guarantee quality of service, as well as for participating in campaigns launched by our users.
Matomo uses cookies to track visitors and measure the audience of our apps (launched by our users). The aim is to analyze visitors’ browsing habits to enable us to optimize our online tools for our audiences. Ces cookies sont indispensables pour créer des campagnes sur notre plateforme afin de garantir la qualité du service, ainsi que pour participer aux campagnes lancées par nos utilisateurs.
Amplitude uses cookies to track user traffic and the use of our modules and mechanics. These cookies only apply to our Users, not to visitors to the Site, since they only concern activities on the platform and not our Site.
Intercom uses cookies to track visitors to the Site and Users of the platform in order to provide a support service to our Users via live chat, for reasons of traceability and quality of our support service.
Segment uses cookies to track visitors’ and users’ browsing habits and the rate of use of our modules and mechanics, and to monitor the use and performance of our tools.
Facebook uses cookies to manage the session opened via the Facebook connector, for our Users on the platform or participants in campaigns launched by our Users.
LinkedIn uses cookies to manage the session opened via the Linkedin connector, for our Users on the platform or Participants in campaigns launched by our Users.
Google+ connect uses cookies to manage the session opened via the Google + connector, for our Users on the platform or Participants in campaigns launched by our Users.

For more information on third-party cookies set by our subcontractors, please refer to their respective cookie policies.

We inform you that the use of cookies may be limited to the duration of your browsing on the Site, with automatic deletion when you leave the Site. In any event, cookies may not be used for more than thirteen (13) months.

We remind you that you can prevent cookies from being deposited by configuring your browser. Your browser can be configured to accept or reject cookies automatically. You can also deactivate the storage of cookies, be alerted when a cookie is issued and view its content and validity period.

Cookie instructions for the most commonly used browsers can be found at the following links:

Windows Internet Explorer®
Mozilla Firefox
Google Chrome
Apple

We remind you that uninstalling a cookie or objecting to the installation of cookies on your devices may alter your browsing experience and prevent you from benefiting from certain Site services.

If you would like more information about cookie management tools, please consult the following link.

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