Software dedicated to Surf Schools

These General Conditions are valid as of January 1, 2023.

Xavier Fourcade, with address at 281 rue des Daphnés, 40600 Biscarrosse, designer, distributor and owner of the “planning-ecole” software registered in the Commercial Registry of Mont de Marsan FRANCE [with Siret number 52760830100018]

1. IDENTIFICATION

The software called “PLAY-PLANNER” is published by N’Cane, represented by Mr. Xavier Fourcade, with address at 281 rue des Daphnés, 40600 Biscarrosse, designer, distributor and owner of the “planning-ecole” software registered in the Registry Commercial and Commercial Registry of Companies of Mont de Marsan FRANCE [with Siret number 52760830100018].

The objective of these General Conditions of Sale and Use of the Site and Services (hereinafter “GCV”) is to exclusively establish the rights and obligations and, more generally, all relationships between the Client and the Users of the Site and Services. associates. and GAME PLANNER. They may be complemented by Specific Conditions of use that complement these General Conditions and, where appropriate, prevail over the latter.

Definition:

“CGU” designates the General Conditions of Use of the Software;

“CGV” designates the General Conditions of Sale;

“Client” means the natural or legal person who subscribes for professional purposes to a Subscription to the Software or to additional services, which are part of the framework of their commercial, liberal or associative activity, even when acting in the name or on behalf of another professional;

“Personal data” means any personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) relating to) a natural person who is or could be identified;

“Duration” means the firm number of months during which Customer is authorized to access and use the Software;

“Software” means the software offering called PLAY-PLANNER developed by N’Cane as “software as a service” (SaaS);

“License” means the non-exclusive license to use the Software granted by PLAY-PLANNER to the Customer and Users;

“Party(s)” hereinafter means PLAY-PLANNER and/or the Client;

“Plan(s)” designates the level of services associated with the Software Subscription. PLAY-PLANNER offers different plans that vary depending on the activation of the optional modules;

“Subscription” means the contractual commitment that binds the Customer to PLAY-PLANNER to use the Software during the Term, the purpose of which (Plan) is specified in the order;

“Site” means the PLAY-PLANNER website accessible at https://www.PLAY-PLANNER.com/appli that features the Software;

“Users” means the Account Creator, Administrators, Contributors, as well as any third party to whom Customer has granted access;

2. PURPOSE OF THE SERVICE

2.1. The provision of services (hereinafter the “Services”) is the subject of this agreement between PLAY-PLANNER and the Client and includes the provision to the Client, through the Internet and the technology known as “cloud computing”, of PLAY-PLANNER proprietary software.

2.2. The subscription to the Services presented on the Website will be delimited by the conditions specified at the time of subscription according to the options chosen by the Licensee, and according to the specific conditions detailed for this purpose on the Website and the documents transmitted by PLAY – PLANNER, which the client declares to know and accept, and includes, among other things:

A license to use and maintain the PLAY-PLANNER software owned by N’Cane.

Complementary tasks to PLAY-PLANNER, such as technical support, introduction of improvements and updates and making backup copies.

3. SUBSCRIPTION PROCESS

3.1. Acceptance

To subscribe to the Services, the Customer must accept the General Terms and Conditions, as well as the special conditions, and pay the determined amount, which depends on the options chosen and other possible additional services, announced at any time on the invoices provided to the Customer. customer.

Before validating the Subscription and accessing the Service, PLAY-PLANNER offers one or more demonstrations of the Software and the different functionalities so that the Client can analyze and ensure that the Service offered meets their needs. The demo request is made directly on the website www.PLAY-PLANNER.com or by email to xavierfourcade@fastmail.com.

PLAY-PLANNER may also propose any other process that it considers most appropriate to facilitate the customer’s understanding of the Services and Features.

6.2 Training

PLAY-PLANNER offers a training service by videoconference. During the training, PLAY-PLANNER staff support the analysis of functional needs, the explanation of functionalities, the sharing of use cases and support in the implementation and handling of the solution.

6.3. Customer Support

Users can contact Xavier Fourcade by email, whatsapp or telephone.

In the event of a technical incident, our technical team is available 7 days a week to analyze the data and measurements of our technical infrastructure, make the necessary corrections, and communicate to Users as quickly as possible the information on the technical impact and its resolution. through the support communication channels defined above.

6.4. Updates and maintenance

The PLAY-PLANNER Service includes the regular addition of new features, security patches and bug fixes, introduced centrally for all Users of the PLAY-PLANNER service via a regular Update process.

The development and addition of new features is carried out according to priorities defined by PLAY-PLANNER in connection with the needs shared by Customers or any other source of information in the sector. The Customer acknowledges and accepts that only PLAY-PLANNER has the responsibility for defining these functionalities, and the corresponding priorities and implementation deadlines, and that under no circumstances may it require PLAY-PLANNER to provide new functionalities or a change in priorities or deadlines for development and updates.

With a view to continuous improvement of the Software, the Customer accepts that maintenance may give rise to a temporary suspension of the Service and access to the Service. This suspension will take place as far as possible between 10 p.m. and 7 a.m. on working days (GMT).

7. RATE PLANS AND PAYMENTS

7.1. Pricing plans

Pricing will be sent to interested customers on request, after an initial conversation with Xavier Fourcade.

7.2. Subscription Payment

The total price due for the Subscription is payable in advance, at the start of the Subscription or renewed period. The Customer makes payments by bank transfer. In all cases, the Customer must ensure that the entire amount invoiced is paid, free of any bank commission fees on transfers, or currency exchange fees. If a payment should be received for a value lower than the price of the Subscription, the Customer will be required to make a new payment to compensate for the shortfall, free of any costs for PLAY-PLANNER.

7.3. Guarantee on payment

The Customer guarantees that he has the funds as well as the necessary authorizations to use the chosen payment method.

7.4. Late or non-payment

Failure to pay any amount due by the Customer, and not paid when due, will automatically result in late payment interest equal to 4 times the legal interest rate of the European Central Bank. A sum of €50 excluding tax will also be invoiced to the Customer for recovery costs. The Client must reimburse PLAY-PLANNER for all costs (including any attorneys’ fees) associated with the recovery of payments not honored by the Client.

In the event of late payment, PLAY-PLANNER may temporarily or permanently suspend the provision of services if, after payment formally required by the customer, payment has not been received within seven (7) days from this requirement.

Once this period has expired, PLAY-PLANNER will make a new request to the Customer, granting him a new period of ten (10) days to make the payment. Once this period has expired, PLAY-PLANNER may permanently interrupt the service. The costs of restoring the Service will be borne by the Customer and amount to 180 euros excluding tax.

7.5. Invoices

Invoices are issued only electronically, which the Customer expressly accepts. The Customer undertakes to inform PLAY-PLANNER of any change in the information necessary for payment and invoicing such as his postal address, banking information, information on the identity and company register, or the VAT number. intracommunity. Any dispute regarding an invoice must be expressed in a letter addressed with acknowledgment of receipt or an email to xavierfourcade@fastmail.com within fifteen (15) days from the date of the invoice. In the absence of such a letter or email, the Customer will be deemed to have accepted the invoice.

7.6. Changes

The customer is required to follow any email communications regarding possible changes that may occur to payment terms, payment frequency, or any other information related to billing.

8. THE DURATION OF THE CONTRACT

8.1. Contract length

The contract begins with Subscription on the day of acceptance of the General Terms and Conditions, subject to payment of the price, and is set for an Initial Period lasting 12 months.

8.2. Renewal

The Subscription will be renewed from date to date, for successive periods of the same duration as the Initial Period (hereinafter referred to, with the Initial Period, the “Periods”) except in the event of application of Special Conditions for Periods of duration different, explicitly validated in advance by PLAY-PLANNER.

The renewal will be carried out tacitly unless notified by PLAY-PLANNER or by the Customer thirty (30 days) before the end of the Subscription Period.

9. TERMINATION OF THE ACCOUNT

9.1. Termination terms

PLAY-PLANNER will allow termination of the respective accounts of the Licensees and the associated Subscription. Registered Users may terminate their User account at any time by sending an email communication to xavierfourcade@fastmail.com.

PLAY-PLANNER may also cancel this agreement by ceasing the provision of the service, after having previously notified the Client thirty (30) days in advance of the date planned for said cessation.

9.2. Obligations

In the event of early termination of the Subscription and associated accounts, for reasons attributable to the customer, the Customer will be required to pay PLAY-PLANNER the full amount until the end of the current Subscription period for the duration planned. Under no circumstances may reimbursement of payments made on a date prior to the termination request date be required.

9.3. Withdrawal

In the event that, although having followed the subscription and acceptance procedure defined in these General Terms and Conditions, serious problems are demonstrated by the Customer making access to the Software or use of the Features and the Software impossible, the Customer will then have a period of 14 days of withdrawal to withdraw from the Subscription and the contract between the parties. This decision must be communicated to PLAY-PLANNER by letter with acknowledgment of receipt or by email to xavierfourcade@fastmail.com within 14 days from the start of the Subscription, explaining in maximum detail the limitations which made the use impossible.

This exceptional procedure will be accompanied by the reimbursement of the payment made for the subscription, less a flat rate of €180 which will be retained for the set-up costs, service costs and support costs incurred during this launch period. Under no circumstances can the withdrawal of the subscription made after this 14-day withdrawal period be required.

10. RETURN OF STORED DATA AND LIABILITY

10.1. Data export

PLAY-PLANNER offers tools allowing the holder to export information to their own systems. These tools are available as long as the account holder remains active. The User must take into account that before the termination and cancellation of his User account he will be responsible for exporting all the information contained in the Software before all the User’s data is deleted.

10.2. Data recovery after termination

The Customer will have the possibility, within sixty (60) days following the end of the Subscription, whatever the cause, to request from PLAY-PLANNER, for a fee, a copy of his data, which PLAY-PLANNER may return the following data in a structured and commonly used format:

Documents: reservations, invoices, quotes.

Accounting: actual cash, sum of formulas sold.

Customers: customer contacts.

Activities: session histories; rental histories; accommodation histories.

Upon receipt of the customer’s request, PLAY-PLANNER will send a quote which will define the terms of this work.

If the Customer’s request relates to elements not provided for above, or requires the implementation by PLAY-PLANNER of complex recovery processes, and to the extent that this recovery is technically possible, all costs of recovery of the elements, customer tracking and secure shipping will be subject to a quote and will be borne by the Customer.

10.3. Deleting data

In accordance with current legislation, PLAY-PLANNER will in no way be held responsible for the information stored by the Licensee in the Software as a consequence of the use of the Services, without prejudice to the clause on the protection of personal data.

11. AUTHORIZATION OF USE AND PLAY-PLANNER LICENSE

By engaging the Services, N’Cane grants to the Licensee a non-transferable and non-exclusive license to use PLAY-PLANNER; through the method of making it available via the Internet and without any territorial limitation; with the purpose, duration and other limitations provided for in these Conditions, and specific to the Special Conditions, understood according to the services chosen, and accepted in the formalization of the offer at the end of the engagement process. This permission will be conditional on the duration of the service and the fulfillment by the Licensee of the terms provided for in these General Conditions of Sale.

12. OBLIGATIONS OF THE LICENSEE

The Licensee agrees without limitation to comply with the requirements below:

Respect the conditions and terms of payment.

Use the Services and features in compliance with these General Conditions of Sale, as well as the authorization to use PLAY-PLANNER, which includes applicable legislation (especially those of intellectual and industrial property), morality, good customs generally accepted and public order.

Does not violate any rights or interests of PLAY-PLANNER or third parties, such as intellectual or industrial property rights (patents, trademarks, trade secrets, copyrights or other property rights).

Do not introduce, through computer means, viruses, Trojan horses or any other class of malicious viruses intended to interrupt, destroy or limit the functionality of the Website or PLAY-PLANNER.

Do not use reverse engineering and/or deciphering and/or decryption techniques or use any other system to determine the source code of the Website or PLAY-PLANNER or any other material subject to copyright or underlying intellectual property. underlying, or modify the Website or PLAY-PLANNER in any way possible, except to the extent that such activity is expressly permitted by applicable law.

Not damage, disable, overburden or impair the Website or PLAY-PLANNER (or the connected network(s), or interfere with the use and proper use thereof by a licensee.

Do not harm or overload the servers or systems supporting the Software through the use of the API or online sales integration iframes and widgets. If excessive or harmful use is detected by PLAY-PLANNER, the Customer will be required to immediately make the requested changes under penalty of being disconnected from the Services or having to pay financial compensation for the harm suffered.

Under no circumstances carry out actions or use methods to simulate the appearance or function of the Website or PLAY-PLANNER.

Review changes to these Terms and notices given to you, as they may contain important information.

We assume that the use of the Services remains under the absolute responsibility of the Client and that the services are directed to professionals, who under their sole responsibility assume the interpretations and information provided by PLAY-PLANNER

Under no circumstances can the inactivity of the Client or Users on the Software or in the use of the Services due to a period of decline in their professional or associative activity, or for any other reason whatsoever, justify the request for financial compensation, a change in the duration or Subscription Periods, or some other form of compensation.

13. Rights and guarantees of PLAY-PLANNER

13.1. PLAY-PLANNER is committed to ensuring that its Services are sustainable over time, and guarantees the improvement and expansion of these so that the user can use the Website and its Services at any time, subject to the availability of services and its limitations.

13.2. PLAY-PLANNER ensures the proper functioning of the Software, except in the event of an incident, abuse or mishandling by the user. In the event that the Services should cause problems or errors which are not a consequence of the cases described previously, PLAY-PLANNER undertakes to resolve them as quickly as possible.

13.3. Concerning the subscription of the Services defined in the General Conditions presented, PLAY-PLANNER assumes no obligation other than those contained in this document and in the particular conditions of each service, and reserves all rights and licenses not expressly granted in this document.

13.4. PLAY-PLANNER reserves the right to modify the price of the services, and will inform the user in advance of any price modification.

The price of the Subscription may vary:

at the initiative of the Customer if the latter wishes to modify the activation of optional modules or contract additional services.

for Customers who do not yet have a Subscription, at the initiative of PLAY-PLANNER at its free discretion.

for Customers who already have a Subscription, PLAY-PLANNER may modify the prices applied. A price change would be effective at the start of the next Subscription period.

Continuing to use the Service after the price change has taken effect will mean acceptance of the new price.

13.5. PLAY-PLANNER cannot guarantee the suitability of its Services for a particular use, or the use or implementation of technology, knowledge or technical means, which would be superior or more advanced than those provided for in the origin, known and accepted by the user.

14. EXCLUSION OF LIABILITY

14.1. PLAY-PLANNER cannot be held responsible for violations committed by users of any obligation or commitment in these Conditions or any other applicable law or regulation.

14.2. PLAY-PLANNER disclaims any obligation or liability to any person or entity, with respect to damages allegedly caused by the use or non-use of PLAY-PLANNER, directly and indirectly, including work interruptions, loss of data, economic loss or loss of anticipated income as a result of the use of PLAY-PLANNER. Likewise, PLAY-PLANNER cannot respond with any guarantee or representation on actions carried out by others without its prior written consent.

14.3. PLAY-PLANNER cannot be held responsible for any damage or harm suffered by the Licensee, arising from their use of the Services, or due to their use of them by third parties. PLAY-PLANNER will only be held responsible in the event of intentional misconduct or serious negligence on its part.

14.4. In all cases, any liability will be limited, whatever the reason, to the amount received by PLAY-PLANNER from the user in return for the services, on the days affected.

14.5. PLAY-PLANNER will not be held responsible, under any circumstances, for the content that users introduce, store, process, publish, share or send from the functionalities made available to Licensees in PLAY-PLANNER, the Services or through PLAY. -PLAN.

14.6. The Services may have links to third-party websites. PLAY-PLANNER cannot be held responsible for the contents, nor for any action that may result from access to these links to external pages.

14.7. PLAY-PLANNER does not offer any warranty in relation to the services or products that may be offered through PLAY-PLANNER or the Services to the end customer by the Licensee, in particular those which are free of charge.

14.8 PLAY-PLANNER will not be responsible for the lack of veracity, inaccuracy or problems in updating schedules, prices, and other information about the services offered to the end customer by the Licensee, nor for the non-fulfillment or the defective fulfillment on its part, as well as its obligations, derived from the regulations in force and/or from any terms and/or conditions of sale, reservations or the provision of services sold through PLAY-PLANNER.

14.9 PLAY-PLANNER cannot be held responsible for the integration and use of third party meteorology files for planning activities, as well as for the online sale of services and products offered by the Client, or for questions relating to its Treasury. More particularly, PLAY-PLANNER will not be responsible for the data entered by the customer in accordance with sections of point five (5) of these General Conditions.

14.10. The Licensee will not pursue PLAY-PLANNER for any sanction, compensation or any type of penalization which may have been caused by an action by the Licensee contrary to these General Conditions.

14.11. Furthermore, in the case of certain countries where the laws and jurisdictions do not allow the exclusion of certain guarantees or the exclusion of certain responsibilities, only and exclusively the disallowed responsibilities will not be applicable.

15. INTELLECTUAL AND INDUSTRIAL PROPERTY

15.1. The intellectual property of all the elements that make up the Website and PLAY-PLANNER, as well as its source code, design, structure, technology, documentation, manuals, signs and other code elements contained therein; and their improvements and upgrades, are the property of PLAY-PLANNER, where it has, where applicable, the rights of use and exploitation. All these elements are protected by laws on intellectual and industrial property, reproduction being prohibited, distribution, public communication and transformation beyond the limits provided for in these general conditions of sale. All rights not expressly granted are reserved by PLAY-PLANNER.

15.2. PLAY-PLANNER respects the intellectual property of the content, files or developments sent by the Licensee. With regard to any content shared or displayed on or through the Website, the User guarantees that, being the author thereof or having sufficient intellectual and/or industrial property rights on this subject, he can share it or publish it, assuming any responsibility that may be derived therefrom.

15.3 PLAY-PLANNER may allow the publication of photos and audiovisual content, obtained directly or by users authorized by the Licensee. In these cases, on the content that you publish and share, the Client must:

Grant PLAY-PLANNER as much permission as is legally possible for the publication of such content on the Internet.

Do not publish comments or content which may be considered offensive, or which infringe the rights of third parties, including (for example) rights relating to image, personality, honor, copyright or protection of personal data.

Do not harass, abuse or harm another person through posted content.

PLAY-PLANNER does not control or approve the content published by the Client and Users through PLAY-PLANNER. Therefore, the Client and Users must refrain from sending inappropriate content or that includes links to websites with content contrary to current legislation, in particular the general law on advertising, or containing certain software or material that could damage computer systems and equipment.

Take responsibility for everything he publishes and assume the public consequences that result from it. In particular, the Client will be responsible for violations of intellectual or industrial property rights potentially infringed.

15.4. The PLAY-PLANNER name, logo, trade names and trademarks are the property of N’Cane. The Customer is not granted any right to use them, unless explicitly authorized in these Conditions. PLAY-PLANNER reserves all right, title and interest in all copies of the PLAY-PLANNER Service.

16. PERSONAL DATA PROTECTION AND CONFIDENTIALITY

16.1. GDPR

PLAY-PLANNER will be, according to the application of Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data , in charge of processing data provided or incorporated by Users of the Software, acting as a subcontractor, on behalf of the Client.

16.2. Description and purposes of the processing

The persons concerned by the processing are: the Client, the Client’s employees; the Client’s customers and partners. PLAY-PLANNER collects personal data from Users such as: name, first name, email, address, telephone number, date of birth, photograph, name of their customers or prospects, identifiers, IP address, etc.

PLAY-PLANNER collects and processes the data that Users voluntarily provide in order to access and use the Software. The purposes of the processing are:

the creation of user accounts;

the provision of the Software and its various functionalities;

managing the security of the site and the Software and backup copies;

management and monitoring of the commercial relationship (Subscriptions, invoices, payments and support to Users);

managing prospects and requests for information (sending commercial offers, newsletters, white papers, etc.);

the management of requests to exercise the various rights of Users: rights of access to their Personal Data, rights of rectification, erasure, opposition, portability and limitation of processing.

data recovery management.

16.3. Obligations of the Parties

The Parties acknowledge that PLAY-PLANNER will be required to process the Personal Data defined in the previous point and provided by the Customer in the Software, in its capacity as Publisher of the Software, for the sole purposes and under the conditions agreed in the General Terms and Conditions. , in order to achieve the purpose of these General Terms and Conditions and fulfill its obligations.

In its capacity as data controller, the Client is responsible for compliance with its own legal and regulatory obligations regarding the processing of Personal Data. The Client acknowledges that the measures implemented within the framework of these General Terms and Conditions by PLAY-PLANNER constitute sufficient guarantees of compliance with the regulations, and the Client undertakes to comply at all times with the laws and regulations in force in the material.

In its capacity as subcontractor, PLAY-PLANNER limits itself to following the Client’s documented instructions regarding processing, subject to alerting the Client in the event of instructions given that do not comply with regulations.

It is understood that PLAY-PLANNER cannot be held responsible for decisions taken by the Client as data controller, it being specified that the purpose of these Conditions is not the provision of legal advice. In particular, if the Client uses the Features to process Data or categories of Personal Data (such as sensitive data within the meaning of the GDPR), the Client does so with full knowledge of the causes and consequences, in its capacity as data controller, and PLAY-PLANNER cannot be held responsible in the event of a breach of regulations.

The Client undertakes to alert PLAY-PLANNER without delay, in the event of a change in the Client’s requests, resulting in or risking resulting in a change in the status of PLAY-PLANNER with regard to data protection regulations.

16.4. Obligations of the subcontractor

Cooperation and assistance

The Client acknowledges that the following procedures satisfy PLAY-PLANNER’s obligation of cooperation and assistance to enable it to ensure compliance of the processing with regulations, particularly with regard to:

notifications of violations, which will be transmitted by PLAY-PLANNER as soon as possible after becoming aware of said violation;

requests to exercise the rights of the Client’s customers (access, rectification, opposition, portability). In its capacity as subcontractor, PLAY-PLANNER limits itself to assisting the Client to enable it to fulfill its own obligations. Thus, PLAY-PLANNER never responds on behalf of the Client to exercise requests addressed to it directly: in the event that PLAY-PLANNER becomes the recipient of such a request, PLAY-PLANNER transmits it to the Client in as soon as possible so that the latter can manage the follow-up to be given;

Security and Privacy

PLAY-PLANNER agrees to implement technical and organizational security measures corresponding to the basic level of security of the organization referenced by Regulation (EU) 2016/679 of the European Parliament and of the Council, or the legislation which will replace it to the future, in order to ensure responsibility for the security of the Licensee’s data and avoid any manipulation, loss or unauthorized access. PLAY-PLANNER undertakes to respect the obligation of secrecy with regard to personal data and its duty to maintain the adoption of security measures imposed by current legislation to prevent alteration, loss or access unauthorized.

In its capacity as data controller, the Client determines and respects the technical and organizational measures relating to the security and confidentiality of the Personal Data processed.

The Client acknowledges that the security measures communicated to him prior to subscription satisfy the obligation of security and confidentiality necessary for the processing to comply with regulations, and in particular:

Customer Data is hosted on PLAY-PLANNER servers hosted in the Hetzner Online GmbH infrastructure located in Europe. Monitoring of server security and updating of PLAY-PLANNER operating software is carried out in real time;

PLAY-PLANNER only allows access to the Client’s Functionalities and Data to persons specifically authorized by PLAY-PLANNER and the Client. No PLAY-PLANNER employee has access to Customer Data, unless access to this information is necessary for the Subscription or to achieve the purpose of these General Terms and Conditions. Each PLAY-PLANNER employee is bound by a commitment relating to the protection of Personal Data; At the request of the Client or Users and subject to Subscription to assistance services, PLAY-PLANNER may connect remotely to their Accounts, after formalization of the User’s agreement, to assist them in the configuration or the use of the Modules.

PLAY-PLANNER will notify the Client of any violation of the Personal Data entrusted to it by the Client, as soon as possible after having become aware of it taking into account the notification period allocated to the data controller by Articles 33 and 34 of the GDPR .

PLAY-PLANNER will promptly investigate any breach of Personal Data in order to remedy any such breach. PLAY-PLANNER will promptly inform the Customer of the corrective measures and the measures put in place to remedy them.

Subsequent subcontracting

The Client accepts that PLAY-PLANNER may use subcontractors acting in its name and on its behalf, in order to assist it in the processing operations of the Client’s Personal Data.

These suppliers may be replaced in their functions by another service provider without authorization or prior information to the Licensee.

PLAY-PLANNER takes all necessary precautions in the choice of its subcontractors to whom the Personal Data of its Clients are entrusted and informs the Client of any planned change concerning the addition or replacement of a subsequent subcontractor by any written means at his convenience.

Audits

If the Client considers it necessary to carry out an audit to verify the conformity of the Software with the regulations and these T&Cs, PLAY-PLANNER agrees to submit to it under the following conditions:

The client must make a request for an on-site audit, justified and documented, by registered letter with acknowledgment of receipt. The audit must be carried out by a reputable, independent auditor, chosen by the Client and accepted by PLAY-PLANNER. The Parties acknowledge that all reports and information obtained as part of this audit are confidential information.

The start date of the audit, the duration and the scope of the audit are defined by mutual agreement by the Parties with a minimum notice of 30 working days. The Client bears all costs and expenses incurred by the audit and reimburses PLAY-PLANNER all costs incurred for this purpose, in particular, the time spent on the audit on the basis of the average hourly rate of PLAY-PLANNER staff. PLANNER who collaborated in the audit.

Location – Data transfers

Users’ Personal Data are stored in Europe on PLAY-PLANNER’s servers, which are hosted by Hetzner Online GmbH.

If PLAY-PLANNER were to transfer Personal Data to service providers established outside the European Union, PLAY-PLANNER ensures beforehand that the transfers benefit from a level of protection equivalent to that of the Union and are accompanied by the appropriate guarantees , in particular those provided for by Articles 45 and 46 of the GDPR, in particular the Standard Contractual Clauses of the European Commission.

Return, destruction of personal data

At the Customer’s choice and within 60 days from the request sent by the Customer to PLAY-PLANNER at the end of the Term, PLAY-PLANNER will return to the Customer all Personal Data and all copies thereof. it will either securely delete or destroy Personal Data.

Record of processing activities

PLAY-PLANNER undertakes to keep a register concerning all categories of activities relating to the processing of Personal Data carried out on behalf of the Client containing:

the name and contact details of PLAY-PLANNER and its subcontractors, those of the Client and, where applicable, the Data Protection Officer of the Client and PLAY-PLANNER;

the categories of processing carried out on behalf of the Client;

where applicable, transfers of Personal Data to a third country or to an International Organization and documents attesting to the existence of the appropriate guarantees imposed by Articles 45 et seq. of the GDPR;

a general description of the technical and organizational security measures referred to in Article 32 of the GDPR.

17. COMPENSATION

If, through violations committed by the Licensee, PLAY-PLANNER suffers damage, harm, any type of loss and/or costs (such as lawyers’ and prosecutors’ fees), the Licensee undertakes to compensate him .

If, following breaches on the part of the Licensee, claims or proceedings against PLAY-PLANNER arise, the Licensee will keep PLAY-PLANNER harmless from any expense, cost, damage or harm resulting from these actions.

18. GENERAL QUESTIONS

18.1. Saving and interpretation

If any provision of these Terms is found to be illegal, invalid or unenforceable as determined by the Competent Authority, it shall be amended so as to be construed as enforceable and effective as nearly as possible. of the original intention of the provision.

The non-requirement of strict compliance with some of the terms of these Conditions does not imply nor can be interpreted as a waiver on the part of PLAY-PLANNER to require its fulfillment in strict terms in the future.

The declaration of invalidity of one or more of the provisions set out in these conditions by the competent authority shall not affect the validity of the remainder.

18.2. Commercial communications

It is understood that in the process of subscribing to PLAY-PLANNER, the customer will have requested the sending of commercial communications. At any time, the customer may revoke this consent by communicating it to PLAY-PLANNER or by email address provided for this purpose.

18.3. Transfer and delegation

The Licensee cannot assign or delegate the rights granted in these General Conditions of Sale nor the obligations assumed. Any transfer and/or delegation will be void. However, PLAY-PLANNER may freely assign the rights and obligations of these Conditions to third parties.

18.4. Changes

PLAY-PLANNER reserves the right to modify, limit or cancel all or part of the T&Cs and conditions. In such a case, he will inform the Licensee in advance.

18.5. Force majeure

If, despite all the precautions taken by PLAY-PLANNER, it would not be possible to guarantee the services in the event of force majeure, such as natural disasters, acts of war, strikes, unforeseen official restrictions, technical failures or suspensions of Services for causes attributable to third parties, PLAY-PLANNER will not be responsible in any way.

18.6. Legislation and jurisdiction

Any claim, cause of action or dispute relating to or arising out of these Terms shall be governed by French law, regardless of the country of the original licensee, the location of the web servers or the place where the service is used.

For the resolution of conflicts concerning the Conditions, PLAY-PLANNER and the Licensee will submit, expressly waiving any other jurisdiction, to the courts of the city of Bordeaux (France).

For any questions, you can contact PLAY-PLANNER at the following email address: xavierfourcade@fastmail.com