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FIDEALIS OFFERS THIRD-PARTY TIMESTAMPING THAT PROVIDES ITS CUSTOMERS WITH TAMPER-PROOF DIGITAL EVIDENCE, OFFICIALLY CERTIFIED AND ARCHIVED FOR 30 YEARS. THESE CONDITIONS ARE ESTABLISHED FOR ALL WEBSITES AND SERVICES OF THE FIDEALIS GROUP.
Any order or purchase of any of the services offered by SAS FIDEALIS, registered with the Paris Trade and Companies Register (RCS) under no. 439 117 144 implies the customer’s unconditional acceptance and full and complete adherence to these general conditions of sale which take precedence over any other document of the purchaser. All documents other than these general terms and conditions of sale, in particular catalogs, prospectuses, advertisements and notices, are for information purposes only and are non-contractual.
The customer acknowledges that he/she is sufficiently informed about the functions, merits and limitations of the FIDEALIS deposit system.
FIDEALIS operates an electronic time-stamping system that confers a date certain to any digital file, which is also certified by a bailiff.
The deposit services offered by the company FIDEALIS are marketed in the form of packages of tokens, annual or unitary. Each token entitles the holder to deposit one digital file.
Annual packages are valid for one year from the date the contract is signed. Tokens not used during the subscription year are forfeited and cannot be carried over to the following year, whether or not the contract is renewed.
Unit packages are valid indefinitely and until the number of tokens purchased is used up.
In the event of non-use of the tokens purchased by the customer, whether as part of an annual or individual package, no request for partial or total reimbursement will be accepted.
The signing of a contract is irrevocable, and the sums due under any contract signed must be paid to the company FIDEALIS, whether or not the customer uses the services purchased.
Access to registration is subject to the prior payment of the full price of the contract. The customer is solely responsible for the payment of all sums invoiced under this contract. This contract is non-assignable and non-transferable, and is for the exclusive use of the customer named on the contract.
As soon as the full contract price has been paid, FIDEALIS activates an account under the user name chosen by the customer, which can be accessed directly from the member area on the www.fidealis.com or depotjeux.com website. This account enables the customer to make any deposits they wish, and to view their deposit history and available chip balance.
Deposits are made either directly online by the customer, who receives an e-mail with a time-stamped receipt for the file deposited, or by FIDEALIS, which receives the works to be deposited from the customer, preferably in the form of a digital file.
Customers with the sub-account creation option may do so under their own responsibility and, unless expressly stated otherwise, must monitor consumption, training and usage by all user sub-accounts.
Users wishing to use the mobile capture service must ensure that their device is compatible with an application published by Fidealis dedicated to each specific use. Captures are time-stamped, qualified and geolocated, and recorded directly in the Fidealis user interface.
For API-connected users, data is communicated in real time via token. Data is then anonymized on the Fidealis side.
All documents, CDs, parts, copies, reproductions,… of the files or work to be deposited will, after their deposit, be destroyed by FIDEALIS, unless
the customer expressly states otherwise when they are sent, or if the conditions of proof require the conservation of data for a period necessary to
the provision of proof or the coherent constitution of proof.
For customers located in Paris and the inner suburbs, FIDEALIS offers an “appointment” option, allowing customers to request that a member of FIDEALIS staff visit their home and photograph their models and, more generally, the works to be deposited. A maximum of three appointments per year is permitted by FIDEALIS.
In the event of a dispute between a customer and a third party, FIDEALIS shall provide, at the customer’s request and their expense, the second original of the official registration.
The prices of the various packages are presented on the fidealis.com or depotjeux.com website on the “prices” page, and are indicated in euros, exclusive of tax, to which value-added tax at the current rate must be added.
Pricing for the Certified Mobile Capture service is based on a usage-based model. Users can purchase specific tokens for this service, available via packages based on quantity consumed and/or number of users. Pricing details are available on the Fidealis website and may be adjusted as the service evolves.
FIDEALIS reserves the right to modify their tariffs at any time, packages will be based on the tariffs in force at the time of subscription or renewal.
If specific development is required to connect Fidealis to an API or external system, Fidealis may propose a quote to the customer or future user, in addition to the services directly related to the use of Fidealis services.
FIDEALIS undertakes to:
– satisfy customer requests within the limits of the capacity of the systems it operates and the quality constraints of its services,
– will use all means at its disposal to ensure the execution of its deposit service, but remains bound by an obligation of means, particularly in view of the particularities of electronic tools, the network, the risk of manipulation or deletion of data, and the use of external service providers,
– take the appropriate measures to ensure the protection and confidentiality of the nominative information it holds and processes, in compliance with the provisions of law no. 78-17 of January 6, 1978, relating to information technology, files and civil liberties, and reserves the right, unless otherwise specified by the customer, to communicate said information to market research firms and polling institutes, exclusively for the purposes of study and analysis, or to companies in the context of joint or separate commercial operations.
– Guarantee a 14-day right of withdrawal for all customers who have made a distance purchase. However, this right cannot be maintained if FIDEALIS services are used during the initial 14-day period. The right of withdrawal leads to full reimbursement of sums received from the customer by FIDEALIS. The sums are reimbursed within 30 days by bank transfer to the account of the customer who must provide a RIB to the sales department and receive an acknowledgment of receipt of the request. After 14 days, no amount can be claimed. The customer’s account and any credits purchased will be maintained for a period of 1 year.
The customer undertakes to:
– provide a valid e-mail address to receive deposit receipts,
– send the documents or digital files to be deposited, at its own expense and by any means it chooses,
– inform FIDEALIS without delay of any change of name, form or other …, under penalty of unenforceability.
The use of the digital evidence tool is intended to provide evidence to justify a right. This does not mean that the use of evidence automatically leads to the recognition of a right or title. By using the mobile capture service, the customer agrees to capture only content for which he/she holds the rights and to respect the technical guidelines provided by Fidealis. It is the customer’s responsibility to verify the accuracy of the geolocation and timestamp information provided by the service.
For its certified capture services, Fidealis offers a mobile application that makes it possible to establish good-faith proof of the presence or absence of content, events, materials or facts. The use of these services must be consistent with the intended purpose, in compliance with the law and with the rights of others. Any use that is abusive, misleading or contrary to these principles, in particular with a view to committing illegal or unauthorized acts, will result in corrective measures on the part of Fidealis, up to and including suspension or closure of the user’s account. Fidealis reserves the right to take appropriate action to preserve the integrity of its services and the safety of its users. In the event of a sanction, no refund will be made to the customer, and any subsequent damages would be excluded from Fidealis’ liability for such a decision.
– The customer acknowledges that the services provided and the documents generated by the use of the various services of FIDEALIS remain the property of FIDEALIS until payment
in full of the sums invoiced and due to FIDEALIS.
– For the use of the application CONSTAPP, the customer acknowledges that it is required to have, for the use of FIDEALIS services, hardware, internet connection sufficient and stable, and application published by FIDEALIS, fully updated when using FIDEALIS services.
FIDEALIS is not responsible for the content of the deposit, and it is up to the customer, whether he deposits his files himself or transmits them for deposit to FIDEALIS, to ensure the quality of the documents transmitted, such as the legibility of the texts, the visibility of the photographs, the highlighting of the original characteristics of the work, …..
FIDEALIS is a third-party time and date stamp provider and does not guarantee the absence of anteriority or the originality of the work registered. It is the sole responsibility of the customer to ensure the absence of rights on the models registered.
The customer acknowledges that FIDEALIS may not be held liable for any direct or indirect damage caused or arising from this contract, even if FIDEALIS has been informed of the existence of a risk.
The customer acknowledges that FIDEALIS may not be held liable for any direct or indirect damage caused by this contract,
even if FIDEALIS has been informed of the existence of a risk.
The customer acknowledges that the deposit does not create intellectual property rights and that it constitutes a method of proof.
The customer is solely responsible for the recordings made, and has a maximum of 8 days in which to lodge a complaint about a recording that has been or is being made.
For the use of the CONSTAPP application, only users registered directly on the FIDEALIS site can receive assistance, follow-up and recourse for the
registrations made. Resellers and indirect service providers are responsible for monitoring and guaranteeing their users. It is also the responsibility of end users to enable optimal geolocation in the settings of each smartphone.
As part of its services, time stamping, contest deposit or certified mobile capture with qualified time stamping and geolocation, Fidealis processes personal data in accordance with the General Data Protection Regulation (GDPR). This data includes information relating to depositors, creators, and beneficiaries of energy saving incentives and may include sensitive data such as geolocation of installations and personal identifiers linked to beneficiary files.
Purpose of processing: The personal data collected is used exclusively for the certification of ecological installations, the establishment of proof of anteriority and location of work carried out, and the management of beneficiaries’ files. It may also be used to continuously improve the services offered by Fidealis.
Consent: The explicit consent of beneficiaries will be obtained for the processing of their personal data, clarifying the specific use of such data and the possibility of withdrawing consent at any time.
Security and Confidentiality: Fidealis is committed to implementing appropriate technical and organizational measures to ensure the security, integrity, and confidentiality of personal data, thereby reducing the risk of unauthorized access, disclosure, alteration, or loss.
Retention period: Personal data will be kept for 2 years during the contractual period (active customer) and deposit receipts will be kept for 25 years to comply with legal and regulatory requirements, after which they will be deleted or anonymized.
Rights of Data Subjects: Fidealis informs beneficiaries of their rights under the GDPR, including the right of access, rectification, erasure, restriction of processing, and data portability. Information on the procedure for exercising these rights will be provided.
Subcontractors and Data Transfers: Any data sharing with third parties or subcontractors will be carried out in compliance with the RGPD, with contractual guarantees ensuring data protection.
Data Breach Notification: In the event of a personal data breach, Fidealis undertakes to notify the competent supervisory authority and, where required by the RGPD, the data subjects, within the prescribed deadlines.
The contracts signed with FIDEALIS have a duration of one year from the date of signature. They are renewed by tacit agreement at the end of the subscription year, unless the customer sends a registered letter with acknowledgement of receipt received by FIDEALIS 30 days before the contract anniversary date.
Cancellation during the year has no immediate effect on the current subscription, which continues until the end of the year, and does not entitle the subscriber to a refund of unused tokens, and has the effect of preventing tacit renewal of the contract. Only terminations made by AR registered mail will be accepted.
If the customer is a merchant, any dispute arising from the interpretation, conclusion or performance of this contract shall be referred to the Paris Commercial Court.
These General Terms and Conditions of Sale have been filed with SCP FRADIN, bailiffs in Lyon.