In a nutshell
We strive to meet your reasonable expectations and crowdsource so that we all benefit from a user-centric privacy monitoring tool online: those Terms of services are drafted to specify what we think is relevant to help us set, share & enforce our privacy right(s).
Our Terms of services in detail
Introductive & explanatory words
Those Terms of services are drafted to inform you in full details about how ID side will provide you with its services, that is to say how we will you set, share & enforce your Privacy Choices, for free, and how, doing so on ID side, you will stand for a user-centric privacy monitoring.
Our Privacy Policy and Legal mentions respectively set how we process your personal data and provide you with legal information, so that you know what your rights are and how you are enabled to enforce those.
As further explained in our Privacy Policy, the data processing we carry out today is fully in line with the services we propose and that you sign-in for: we strive so that no specific provisions in our Terms of services would be likely to breach any of your reasonable expectations.
As the legal ground we rely on to process your personal data requires so, we fairly ask you to tick “our Terms of services” box when you register to ID side. Be assured that we did our best effort to draft it in a legal but also in a predictive way :).
Legal aspects
This website is available to all, for personal use, free of charge and subject to compliance with the Terms set out below.
By principle, you undertake to access the information provided on our website exclusively for personal and non commercial use. You may only use ID side website for legitimate purposes and not use it or misappropriate it for purposes contrary to Fairness, Public Order and ID siders’ collective & individual rights, interests and reasonable expectations.
When you do access our website (and any content thereof), you agree to be bound by these Terms of services and to comply with any applicable laws and regulations.
After reading, would you disagree to these Terms of services (or some of its provisions), we kindly ask you to refrain proceeding further on our website, signing-in or, if already signed-in, we suggest you contact us to share your specific observations at contact@idside.eu before signing-off. We will do our utmost to quickly come back to you.
Caveats:
1/ By continuing to access ID side Content and use our website & services after the changes added in our Terms become effective, you will be contractually bound by such changes.
2/ For the purpose of these Terms of services, the word “Content” means any written text, software or database, graphic or image, photo or video, podcast or digital material or any other information forming part our website.
Registration to ID side
ID side services are only available if you register first. But you do not have to register to access all Content generated on our website. For instance, Users can publicly access Privacy Choices ,whether signed in or not.
If you do register, we ask you to provide only few personal information: as described in our Privacy Policy, only your name or pseudo, one valid e-mail address (and your ID side's password), and, where appropriate, whether you are less than 15, are mandatory. Because we just can’t provide our service otherwise
Even if obvious for most of you, we feel the need to remind you that your ID and passwords are confidential, personal and nontransferable and that you are responsible for their management and safekeeping. Any substantial adverse effect or consequence of their misuse would be of your responsibility. This is why you are responsible for taking all reasonable measures necessary for their protection. Based on the latter, ID side may not be held liable for any fraudulent use of your credentials.
As suggested when you register, you would be fully accountable in following CNIL's recommendations on the topic. Should your password be compromised, we do not guarantee the security of the information you provide us with against unauthorised or unlawful access or use.
For security reasons, access to secure sections might be automatically barred after 10 failed access attempts.
General provisions
Should a provision of these Terms of services be or become illegal, invalid or unenforceable in one country, the latter will not affect the legality, validity or enforceability of any other provision of these Terms of services in that country or in other jurisdictions.
Your rights under these Terms of services may be exercised as often as you reasonably deem necessary. We would be grateful that you exercise such rights digitally and in writing (using contact@idside.eu).
Any notice or communication in connection with these Terms of services might initially be provided in English. In case of doubt on the meaning of some provisions in other languages (whether such provisions are laid down in these Terms , our Privacy Policy, our Cookies Policy or our Legal mentions), we invite you, if you can, to check & review the English version. Otherwise, thanks for directly contacting us at contact@idside.eu. We will do our best to help you out! Should there remain any doubt, and under the reservation of ID side’s team specific feedback on your comment or request, the French or English translations shall prevail (most specific provisions prevailing on most generic ones).
ID side , a set of “as is” services
All Content on our website is provided “as is”, “as seen” and “as available”. It means that ID side being a free service online, we give no express or implied guarantee (statutory or otherwise) as to satisfactory quality, performance, fitness for purpose in respect of our website or its Content.
Despite our best efforts to provide you a quality service, we do not guarantee, represent or warrant the accuracy, timeliness, completeness, reliability or availability of any information or result obtained on our site (whether through manual access or any other means). Once again, we insist on the fact that, as a crowdsourced & free service for users, we do not guarantee that our website, or downloads from it, are error-free.
Specifically, we may under no circumstances be held liable for any direct or indirect damage resulting from or subsequent to third-party distribution of a virus by means of our website or for any material or consequential damage (including but not limited to technical failure or data loss). Likewise, no other indirect damage, arising from or associated with the use of our website will hold us liable.
We make every possible effort to ensure that the information provided on ID side is accurate and updated. However, you may encounter incorrect information or omissions (typographical or formatting errors). Thanks for informing us if you find any such errors, so that we can take all necessary steps for relevant corrections.
Availability
ID side (along with its team of partners and service providers) makes every reasonable effort to ensure that the information provided on our website is accurate and up-to-date. However, we cannot guarantee that all information is complete, or that it has not been modified by a third party (i.e. hacking or viruses).
You are informed and agree that our website remains accessible 24 hours a day and 7 days a week, except in any event of force majeure, in case of server problems or of problems that would be caused by the telecommunications network infrastructures or by any other technical difficulty.
Your access to our website may occasionally be suspended or restricted for operational reasons such as maintenance or the introduction of new Content. Should this occur, we will make every effort to notify you in advance and avoid any inconvenience to you.
We cannot be held responsible for delays, operating problems or incompatibility between our website and any file or support you would connect to, the browser or any other programme used in order to access our website.
As most online providers, it is important for us to stress that it is technically unfeasible to provide a fault-free website. But, in the event of a fault, we will attempt to restore ID side website as soon as is reasonably feasible.
No liability
ID side (and any third party providing Content) can’t be held liable for any loss or costs that would be indirect, special, incidental or exemplary, whether arising from negligence or otherwise. We accept no liability (direct or indirect) in the event of delay, error or omission with regard to the Content and use of our pages and in the event our service would be interrupted or rendered unavailable.
If we are informed of any inaccuracies in our content, we will use reasonable endeavours to correct such inaccuracies, as soon as reasonably feasible.
We will not be held liable for any damage or loss (especially loss of data, alteration of data, or downtime) that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access or use of our website (whether based on manual access or otherwise).
Your obligations
You must not permit or make any attempt to hack, break down or otherwise interfere with our website.
You must not use our website:
- to provide false or misleading information about yourself or create a false identity;
- to gain unauthorised access to other users’ computing systems;
- to damage, disable, overload or affect the operation of our site in any way;
- to contravene any licence, code of practice, instructions or guidelines issued by a regulatory authority, third party's rights, or any applicable guidance or policy;
- to breach any legislation;
- to threaten or cause any kind of annoyance or inconvenience, needless anxiety or any action that is intended to deceive.
User Generated Content
You may provide Content to ID side by logging-in. You guarantee, represent and warrant that the information you share with us is fair and complies with applicable laws, rules and regulations. In particular:
- It has to be truthful and not defamatory, reliable and accurate;
- It should not be abusive or deceptive;
- It should not violate or encroach on the rights of others;
- Specifically, it should not harm others (in particular minors) nor infringe their individual privacy rights;
- It should not contain viruses, corrupt files, worms, Trojan horses or any other forms of corruptive code or content which may compromise or damage ID side website and Content;
- It should not include advertising material or unsolicited ("spam") material;
- It should overall respect data protection principles as summarised in ID side Privacy Policy.
You hereby agree to indemnify all losses, damages, liabilities and costs in connection with any claim arising out of any breach by you of these Terms of services, or claims arising from your use of our website.
You shall use your best efforts to cooperate with us in the defence of any claim.
If you breach any of the above provisions, we might deny you access to ID side website at any time.
We also reserve the right, at our own expense, to get a separate counsel to assume the defence of ID siders community and ID side’s interest, and get compensation from you for any breach of those Terms .
Contacts with ID siders
From time to time, ID side will invite you to answer some new key privacy questions.
If you subscribe to notifications’ services provided by us (for instance to be flagged about your ongoing requests), if you share comments or otherwise communicate with us through our website or through e-mails provided by us (i.e. contact@idside.eu or dpo@idside.eu), we may further use the contact details you provided to sign-in our services, that is to say your e-mail address.
By activating such notifications features, you expressly agree that we use & retain your contact information (your email) and notify you as per your request but also, only if necessary, for the following reasons: requesting clarifications on your requests or comments or sharing substantial updates (i.e. on our privacy policy).
ID side will never send you massive & irrelevant unsolicited e-mails.
You are entitled to set your Privacy Choices & preferences in this regard in your Account and through our Privacy Policy.
Links to External Websites
Using our website, you might be put in capacity to access third parties’ websites (such as social networks) in order to provide increased value to your experience. If we provide links to other websites or resources, you access it at your sole discretion.
Obviously, we do not monitor or control external websites and we do not endorse or accept any responsibility for their content or operation (i.e. Vimeo to watch our online Motion Design Video for instance).
Therefore, we insist on the fact that you agree through these Terms to access external websites at your own risks -as we materially cannot take responsibility for any damage or loss you may suffer arising from access to such external websites (i.e. accessibility hiccups).
ID side & Privacy
Our Privacy Policy is available on ID side (in your Account and in the Menu).
You understand that your use of ID side services will result in processing your personal data as summarised in our Privacy policy. The Privacy Policy sets out the principles on which we will process your personal data. It is drafted in order to meet your reasonable expectations.
By using our website, you are deemed to agree with the Terms of such Privacy Policy (that we drafted bearing in mind ID siders’ reasonable expectations -and feeling ready to adjust, based on your contributions). Also, by agreeing to be bound by these Terms and conditions, you agree to be bound by our Privacy Policy.
Additionally, in performing your obligations under these Terms of services, you commit to comply with applicable data protection laws in your country of residence.
Suspension and termination of our services
On your side
If you stop using our service for up to 12 months, your account will be standing and our team waiting for you to find your way back into ID side’s user-centric privacy monitoring!
Nevertheless, in accordance with the principle of storage limitation, should you not use your ID side account for more than 12 months, we may send you a notification before deleting your registration -and any associated information & data- in order to check such deletion makes sense to you.
Roughly three weeks after such notification, should your last sign-in on ID side side go back to roughly 13 months, your account will be deleted by our services. Just because you do not make it clear that your reasonable expectation is to keep a valid account on ID side and also because your privacy choices on ID side are likely to be irrelevant.
On our side
We could also delete your account at our sole discretion, but only in limited & exceptional cases, that is to say in cases we believe that you have:
- misused ID side website (or any part of it) in any way;
- breached any of the Terms specified in this document.
If we have reasonable beliefs on the fact that such misuse or such breach can cause any harm to ID siders community or to anyone, we might suspend or terminate your access to our website, without notice.
Unless you prove that we were wrong doing so, our team will be under no obligation whatsoever to reinstate your registration.
Indemnity
You will keep harmless, defend and indemnify ID side against any claims, losses, costs and liabilities in connection with the use or misuse of our website in breach of those Terms, including any claims by any third party.
Crowdsourced Content & Intellectual Property Rights
For the purpose of these Terms of services, “Intellectual Property Rights” designates:
- database rights and rights in trademarks, designs, know-how and registered or non-registered confidential information, but also, if applicable, copyright and patents;
- applications for registration (and the right to apply for registration for any of these rights);
- all other intellectual property rights (or equivalent & similar forms of protection).
ID side website is fully subject to French law on copyright, trademarks and, in general, on intellectual property.
ID side trademarks & logos on our website -also called “semi-figurative trademarks- are registered trademarks. By principle, you need a prior express & written authorisation of ID side for any full or partial reproduction or representation, alone or together with other elements.
Intellectual Property Rights in the pages of our website and in our Content belong to ID side, an open & crowdsourced web app. No individual user acquires, by virtue of their contribution or of their use of our site, any rights, title or interest in ID side website.
Our website and its Content is designed to be printed or saved for individual or collective personal use to strengthen Users’ control over their personal data online, individually and collectively. It entails that ID side is not designed for Users to copy, modify, distribute, transmit, display, publish, perform, reproduce, license, frame or create any derivative works from ID side for commercial purposes (in whole or in part).
Such re-use for commercial purposes is submitted to prior written permission, specifically when systematically retrieving Content from ID side for commercial purposes (i.e. create or compile, directly or indirectly, a collection, compilation, database or directory -through robots, spiders, automatic devices or manual processes).
Additionally, all Content (text, images, videos, sounds or animations), software, know-how and overall any information displayed on our website, are subject to copyright law (articles L 335-2 of Intellectual Property Code).
Any database appearing on our website is protected by the legal provisions for the protection of databases. In this respect, we expressly prohibit any re-use, reproduction or extraction of elements of such databases and our users might be held liable for any such reuse, reproduction or extraction.
Should you wish to use some of ID side website content (i.e. logo, database, text, image), you must obtain prior express written authorisation from us, by sending an e-mail to contact@idside.eu.
ID side’s information and website legal mentions
Legal information about ID side, and legal mentions, are available in our Legal mentions.
Governing law / place of jurisdiction
These Terms of services shall be governed by and interpreted in accordance with French law. ID side recognises the jurisdiction of the competent courts of Paris, France.
Local access restrictions
ID side is designed for all internet users. However, we understand that our website (a “.eu” one) might not be directed to or intended for use by any person resident or located in any country. If any such local access restriction applies to you, you might not be authorised to access nor use any of ID side Content. As a crowdsourced website we would appreciate your feedbacks on such restrictions (contact@idside.eu).
Please also note that these Terms of services are based on EU standards requirements and might include legal information specific to one or several countries, such as corporate and contact information, local licensing information or other local disclosure requirements. Our section on Legal mentions & more provides such information. As a crowdsourced website, we would appreciate your feedbacks on such requirements (contact@idside.eu).
Warning for non-resident in France or in EU
The access to the information and products on our website could be subject to restriction for persons residing in countries other than France, or on a larger scale other than EU Member States.
Despite we deeply regret it, none of our services target persons from countries that would prohibit such services. Of course, we remain available (contact@idside.eu) to adapt our services or promote any change that would help people from any country to better monitor their privacy online, in a user-centric & crowdsourced way.
All ID siders accessing our service are more than welcome to share information that would help ID side team to better advise ID side community on any applicable legal constraint.
No offer
The Content of our website is just for information purposes: no Content available on our site constitutes a solicitation, an offer, or a recommendation to buy any services or solutions, to effect any transactions or to conclude any legal act of any kind whatsoever.
In making ID side Content available, we give no advice and make no recommendation to buy or sell any product or service.
ID side Content does not constitute or form part of an offer for sale. It does not constitute an invitation to effect any transaction.
Aggregated data, statistics & crowdsourcing
Because of the contributions we receive from you, some of which might be incomplete or not entirely correct in a strictly speaking scientific understanding, or include personal opinions that are based on subjective interpretations of information available at a given time, all the aggregated data we share and related statistics might not necessarily reflect the proper views of ID side community.
This is why stats, comments, summaries storytelling, opinions and any exploitation of data resulting from the use of ID side must be understood as a statement to be reviewed, applying scientific criteria. The liability of ID side cannot be engaged for sharing such crowdsourced contents.
Cautionary statement on Forward-looking statements
Certain statements and Content on ID side are forward-looking. These statements and Content (including as to our priorities, strategy or plans, objectives or targets) provide aspirations and expectations.
Such forward-looking statements (that you can flag with wording such as “aim at”, “strive to”, “priority”, “make it better”, “help you”, “expect”, “foresee”, “intend”, “so that”, “anticipate”, “assume”, “believe”, “think” or “do our utmost to” and similar expressions, or by future or conditional verbs such as “will”, “should”, “would” and “could” target known achievements but unknown results & outcomes and remain submitted to uncertainties and external factors that we quite obviously do not fully have control on.
Therefore, we urge you to consider that such wordings are aspirational and that ID side might achieve results , despite its relentless efforts, or implement solutions materially different from any projection of results expressed or implied by such statements.
As a crowdsourced website, we cannot commit on the outcome of what we strive to achieve, because it mainly depends on us all.
Consequently, we respectfully ask you not to place undue reliance on forward-looking statements, but to help us accomplish our mission, notably crowdsourcing.
Modification of those Terms
At any time it would be needed to meet legal provisions, new regulatory or legal requirements or merely in order to meet ID siders’ community reasonable expectations, we reserve the right to adapt and amend these Terms of services.
Even if we are under no obligation to inform you about the amendments we carry out regarding those Terms , we will do do in limited but relevant occurrences.
Indeed, from a User point of view, we consider that it is of no added value for you, whether for your interests or for your fundamental rights, to notify you such amendments as far as those are not likely to breach any of your reasonable expectations.
Therefore, we may regularly update these Terms complying with the following rules:
- If such updates are not substantial ones (meaning they are not likely to breach your reasonable expectations or infringe any of your rights), we will not share any pop-up on our website to warn you about such changes but we will systematically share the date of any last update carried out at the Head of our Terms of services;
- In case, we doubt such is the case and some updates carried out could be substantial for all or for some ID siders, we will share a pop-up on your Homepage so that you flag that our Terms were updated and access the most recent version of our Terms of services.
Such Terms will govern the services we provide to you on ID side and remain available at all times on our website.
If you keep using our website or our service after we post any changes to these Terms, such use constitutes your agreement to those changes. You agree that we will review these Terms periodically and that.
Caveat:
Shouldn’t you be familiar with the most recent version, it still applies to you.
