The purpose of these general conditions of use (hereinafter “TERMS OF USE”) is to define the terms and conditions of access and use of the “Kheiron Service Platform” web platform made available by the company IoThink Solutions, a simplified joint stock company, with capital of 128,572 euros, whose head office is located at 455 promenade des Anglais 06206 Nice - France registered in Trade and Companies Register of ANTIBES under number 819 582 537 (hereinafter “IOTHINK SOLUTIONS").
Article 1. Definitions
In the TERMS OF USE, the terms identified below by a capital letter have the following meaning, whether be used in the singular or plural:
“Client”: refers to any professional, natural or legal person, registered in the register of commerce and companies or any equivalent commercial register, client of IOTHINK SOLUTIONS (and of which the User is a member (partner, employee, service provider, etc.).
“Content(s)” means all textual and graphic content present on the Platform or the component and in particular, without this list being exhaustive, the structure and pages of the Platform, software and methods for analyzing and monitoring Equipment Data Communicators, content, texts, videos, animations, sections, drawings, illustrations, images present on the Platform.
“Data” designates all data from Communicating Equipment, as well as libraries created by the User as part of the KHEIRON STUDIO service, distributed, processed and/or generated through the Platform when used by the User.
“Personal Data” means, within the meaning of the Regulations applicable to the protection of personal data, the information makes it possible to designate or identify, directly or indirectly, a natural person.
“Communicating Equipment” means any equipment, machine or system with communication capabilities. communication through communication protocols or physical contacts, which may or may not being connected to the Platform.
“Platform” refers to the Management Platform called “Kheiron Service Platform”. of connected equipment, made available to Users by IOTHINK SOLUTIONS on their internal environment (or that of the Customer) or in SaaS mode, from a computer at the URL address https://www.kheiron-sp.io or any other address which may be added to or substituted for it (hereinafter the “**Site **") or via a mobile application available on the Android and iOS download platforms, and such as described in article 3 below.
“Regulations applicable to the protection of personal data” designates any international and national regulations applicable to the protection of personal data and in particular Regulation (EU) n°2016/679 of the European Parliament and of the Council of April 27, 2016 says “General Data Protection Regulation”.
“User” designates the natural person who benefits from the services provided by the Platform and granted to the Client in accordance with the contract which binds him to IOTHINK SOLUTIONS, acting on behalf of the Customer, having an account allowing him to access and use the Platform, regardless of the where it is located and how it is accessed.
“Administrator User” designates a User with administrator access to the Platform, allowing it to create, manage and/or delete access accounts to it to others Users.
Article 2. Description of the Platform
The Platform made available by IOTHINK SOLUTIONS is a platform allowing you to simplify the management of Users' Communicating Equipment and to monitor, analyze, control and enhance Data from Communicating Equipment, thanks to an intuitive interface.
The Platform allows access to different services, made available to the User depending on the Client's subscription to IOTHINK SOLUTIONS and the assignments and rights allocated to the user :
Depending on the assignments and rights assigned to him, the User accesses, from the Platform, at:
Article 3. Acceptance of the TERMS OF USE
The TERMS OF USE constitute a contract between the User and IOTHINK SOLUTIONS. Access to the Platform and its use is subject to the express and unreserved acceptance by the User of the TERMS OF USE. THE failure to accept the TERMS OF USE will imply the impossibility for the User to access and use the Platform.
This acceptance is made when creating the User’s account on the Platform. The User is then invited to click on the hypertext link referring to the TERMS OF USE, read them then check, if he accepts them, the box “I have read and I accept the Terms of Use”. By this click, the User acknowledges having read the TERMS OF USE, having understood them and fully accepted all of them. their provisions, without restriction or reservation. If the User does not accept the TERMS OF USE, he will not be able to access the Platform.
IOTHINK SOLUTIONS reserves the right to modify and/or update the TERMS OF USE at any time without notice, which the User will be informed of upon their next connection to the Platform. Access and use of the Platform will be subject to the TERMS OF USE in force at the time of this access and this use.
In the event that one of the clauses of the TERMS OF USE is void due to a change in legislation or regulatory or declared as such by a final court decision, this cannot in in no case affect the validity and compliance with the other clauses of the TERMS OF USE.
Article 4. Terms of access to the Platform
4.1. Creation of a User account
4.1.1. General
Access to the Platform requires the creation of a User account. To do this, the User must have a valid email address.
The User is invited to follow the account creation request procedure available on the Platform and to provide the requested information in the form provided for this purpose, and in particular create your personal password – must contain at least eight (8) characters including one uppercase letter, a lowercase letter, a number and a special character, then click on the “Send” button. Before clicking on this button, the User is invited to read the TERMS OF USE then to check, if he accepts them, the box “I have read and I accept the General Conditions of Use”, in accordance with Article 3 above.
Upon validation of the form, the User will receive, at the email address indicated in the form, a link on which he must click in order to check the validity of the email address provided and validate his account User.
The User will then receive, at the same address, confirmation of the creation of their account.
The User agrees to provide and maintain information about him/her that is accurate, up to date and complete. IOTHINK SOLUTIONS cannot be held responsible under any circumstances. in the event of delay or inability to provide the Platform due to incorrect information or incomplete in entering information concerning the User when requesting the creation of account.
IOTHINK SOLUTIONS recommends that the User keep the opening notification email account and remember your password.
4.1.2. Special features of the Administrator User account
From his account, the Administrator User can create as many User accounts as the number agreed between IOTHINK SOLUTIONS and the Client. An email will then be sent to new Users created, inviting them to connect to the Platform and finalize the creation of their account on this one.
The Administrator User who creates an account for other Users is solely responsible for the accuracy of the data of the User whose account he creates and the proper management of access that he granted in this capacity. Under no circumstances can IOTHINK SOLUTIONS be held responsible in the event of misuse of rights administration by the Administrator User, in the event of impossibility or delay in the provision of the Platform due to misuse of their administrative rights by the User
Administrator and/or due to incorrect or incomplete information when entering information concerning the User whose account has been created by the Administrator User.
The Administrator User will also be able to manage the access rights and authorizations of each User account that he has created. He will also be responsible for any possible sanctions that may be sent to a User who does not respect the conditions and terms of use of the Platform compliant with the TERMS OF USE. As such, the Administrator User has the right to suspend and/or terminate a User’s account
For each User account, the statuses that the Administrator User can manage have :
4.2. Confidentiality of login credentials
The User's connection password is strictly personal and confidential. The user must keep his connection password securely and undertakes not to disclose it to third parties for any reason, in any manner and in any form.
The User can change their password at any time from their account, through the “My account” section then “Change my password”.
If the User wishes to use another email address, they must delete their account User and create a new User account, to which the Administrator must assign rights similar to the deleted account.
In the event of loss, forgetfulness or theft of their authentication elements, the User must modify their password. password by clicking on the “Forgotten password” button located under the data entry form. login credentials.
Under no circumstances can IOTHINK SOLUTIONS be held responsible for the loss, theft or forgetting of User authentication elements or their fraudulent use. The User is alone responsible for access and use of the Platform with its authentication elements.
4.3. Minimum system requirements
Access to the Platform requires that the User has computer equipment (PC, MAC or tablet), a high-speed internet connection and a web browser compatible with the types and versions of the browsers specified in the User account validation email.
All costs relating to access to the Platform and its use, whether material costs, software or internet access are exclusively the responsibility of the User (or the Customer who uses it). The User is solely responsible for the proper functioning and appropriate security. of its computer equipment as well as its internet access.
4.4. Availability of the Platform
When the Platform is made available to the User in SaaS mode, IOTHINK SOLUTIONS undertakes to make its best efforts to ensure optimal availability of the Platform, under subject to the occurrence of a case of force majeure or an event beyond the control of IOTHINK SOLUTIONS and except interruption, suspension or limitation in the context of maintenance operations and/or updates necessary for the proper functioning of the Platform.
IOTHINK SOLUTIONS is only bound by an obligation of means concerning accessibility, operation and availability of the Platform or its contents. IOTHINK SOLUTIONS reserves the possibility of interrupting, suspending or limiting access to all or part of the Platform particularly due to legal constraints (i.e. request from an authority, recourse from third parties) or technical (i.e. maintenance).
The User expressly acknowledges that suspensions, interruptions or limitations mentioned above may intervene at any time without notice and that they will not give rise to any right to obligation, nor compensation for his benefit.
Any special request will be the subject of a dedicated contract.
Article 5. Use of the Platform
5.1. Proper use of the Platform
Given the nature and purpose of the Platform, the User must act as professional, for the needs of his professional activity and undertakes not to use the Platform only for the purposes of this activity exclusively.
The User undertakes to use the Platform in accordance with the TERMS OF USE, in compliance with the laws and international, European and national regulations applicable in France. The user required to process Personal Data in the context of the use of the Platform undertakes to comply with the provisions set out in article 9.2 below.
5.2. Prohibited behavior
It is strictly prohibited to use the Platform for the following purposes:
IOTHINK SOLUTIONS and/or the Administrator may suspend all access and, if necessary, terminate the User's access to the Platform in the event of non-compliance with this article, without prejudice to all damages that IOTHINK SOLUTIONS may seek.
5.3. Technical assistance
IOTHINK SOLUTIONS will ensure, for the duration of use of the Platform, assistance telephone and electronic communications of the User, relating to the use, configuration and operation of the Platform. The hotline will be available Monday to Friday, from 8:30 a.m. to 6 p.m. (time French, mainland France), by email to the address accessible on the Platform. IOTHINK SOLUTIONS will make its best efforts to try to respond to the User's request within 72 hours from of its notification by the User, without its definitive resolution being guaranteed.
Any special request will be the subject of a dedicated contract.
5.4. Maintenance of the Platform
When the Platform is made available to the User in SaaS mode, IOTHINK SOLUTIONS will ensure corrective maintenance of the Platform under the following conditions:
In the event of an Anomaly discovered by a User when using the Platform, the User must promptly notify IOTHINK SOLUTIONS by email to the address accessible on the Platform. For to be treated, the Anomaly must be described by the User in a precise and documented manner.
Any malfunction is considered an “Anomaly” within the meaning of this article. reproducible which makes impossible or interrupts the operation and/or execution of all or part of the Platform.
IOTHINK SOLUTIONS will then make its best efforts to treat and/or correct the Anomaly within a period of time. reasonable, with the least possible disruption in the use of the Platform by the user. Without prejudice to any other provision of the TERMS OF USE, IOTHINK SOLUTIONS will be automatically released of any obligation and liability for maintenance in the event that the Anomaly results misuse of the Platform or use that does not comply with the provisions of the CGU, an intervention by the User or a third party on the Platform not previously authorized in writing by IOTHINK SOLUTIONS or a computer program not provided by IOTHINK SOLUTIONS.
IOTHINK SOLUTIONS may, at its sole discretion, provide functional updates and developments. of the Platform allowing the Platform to be maintained in compliance with legislation and regulations in force, to adapt the Platform to the technological evolution of networks and computer equipment and/or improve the use of the Platform. These updates will be made available to the User as they become available.
If the Platform is made available on the internal environment of the User or Client (made available “On premise”), IOTHINK SOLUTOINS invites the User to consult the Client for determine the conditions and terms of the specific maintenance contract concluded between IOTHINK SOLUTIONS and the Customer. In the absence of a maintenance contract, no maintenance service is provided. provided by IOTHINK SOLUTIONS when the Platform is made available to the User on their internal environment or that of the Client, which the User expressly acknowledges and accepts. In in no case can IOTHINK SOLUTIONS intervene in a malfunction linked to hosting own of the User (or Customer) and/or its information system or its private Cloud.
Article 6. Guarantees
When the Platform is made available to the User in SaaS mode, IOTHINK SOLUTIONS undertakes to do everything possible to ensure the physical and logical security of the servers on which is hosted the Platform and, in particular, the integrity of the network and servers against any act of external malicious intent or any known computer attack. Servers are protected against intrusions by a firewall. Security updates for operating systems and anti-virus are installed regularly. IOTHINK SOLUTIONS cannot, however, guarantee the security and/or integrity of the Platform provided. available on the User’s (or Customer’s) internal environment.
IOTHINK SOLUTIONS cannot guarantee the accuracy, completeness, timeliness or other quality of the Data integrated and generated by the User on the Platform. The User is solely responsible for the integrity, accuracy and quality of the Data that it integrates and disseminates on the Platform. The user also ensures that this Data is free of viruses or any other component likely to cause damage to the Platform. The User acknowledges that the lack of security, integrity and/or quality of the Data is likely to seriously harm the interests of IOTHINK SOLUTIONS. The User (or the Client who employs him) guarantees IOTHINK SOLUTIONS in this respect and will indemnify him for any damage that could be suffered by IOTHINK SOLUTIONS and/or the Platform as a result, without prejudice of the application of the provisions of article 10 below.
IOTHINK SOLUTIONS does not grant any other express or implied warranty, including this, without that this enumeration is not exhaustive, as to the non-violation of the rights of a third party, the continuity, performance and/or sustainability of the Platform and/or as to the suitability for a particular use or the suitability of the Platform to the needs of the User, nor does it guarantee that it is exempt of Anomalies or that it will operate without breakdown or interruption. The Platform is distributed “as is” and according to its availability.
When made available in SaaS mode, access to the Platform implies knowledge and acceptance of the characteristics and limits of the Internet, particularly with regard to technical performance, response times to consult, query or transfer data information, the risks of interruption, and more generally, the risks inherent in any connection and transmission over the internet, the lack of protection of certain data against misappropriation possible and the risks of contamination by possible viruses circulating on the network. IOTHINK SOLUTIONS does not guarantee that the Platform or its servers will be free of viruses at all times, worms, Trojan horses or any other component that may cause damage. It belongs to the User to take all appropriate measures to protect their own equipment, data, and/or software stored on its computer equipment against any attack.
Article 7. Responsibilities
Access and use of the Platform by the User cannot under any circumstances bind the liability of IOTHINK SOLUTIONS, in any capacity whatsoever. Access to the Platform and its use is under the entire responsibility of the User. The User is the sole master of the good use of the Platform, with discernment and wit.
By express agreement, IOTHINK SOLUTIONS is subject to an obligation of means in the provision of the Platform. The User expressly acknowledges having received from IOTHINK SOLUTIONS all the necessary information, allowing it to assess the suitability of the Platform to its needs. needs and to take all necessary precautions for its implementation. No advice and no information, whether oral or written, obtained by the User when using the Platform
are not likely to create guarantees not expressly provided for by the TERMS OF USE nor to result in the liability of IOTHINK SOLUTIONS in the event of damage, of whatever nature, caused to the User or third parties due to the User's misuse of the Platform, in violation of the provisions of this article and more generally non-compliance with the TERMS OF USE.
To the fullest extent permitted by applicable law, IOTHINK SOLUTIONS expressly excludes its liability for any damage, direct or indirect, resulting from or in connection with access to the Platform, its use, its malfunction or its unavailability whatever the nature and duration.
The User acknowledges that IOTHINK SOLUTIONS remains free to correct and/or modify the Platform at any time and without notice, without this correction and/or modification being able to give rise to the right to any recourse on his part.
The liability of IOTHINK SOLUTIONS cannot be engaged, in general, in all case where the non-execution or poor execution of the TERMS OF USE results from a case of force majeure or case accident beyond his control.
Article 8. Intellectual property
8.1. Property rights on the Platform, the Site and their Content
The Platform, the Site and their Content, as well as all distinctive signs (names, brands and/or logos) relating thereto, are protected by intellectual property rights (such as in particular all copyrights, rights to patents, trademarks, rights of database producers, and all other existing or future intellectual property rights, French and international) and belong to IOTHINK SOLUTIONS or to third parties having authorized IOTHINK SOLUTIONS to exploit them.
Use of the Platform in no way confers on the User any ownership rights and/or intellectual property right on the Platform, the Site and their Content, with the exception of a right access personnel, non-exclusive and limited exclusively to the use of the Platform in accordance with to its object and purposes and in compliance with the TERMS OF USE.
Except in the context of a Customer subscription to the KHEIRON WHITE LABEL service and on condition of respect the conditions of this service, it is strictly prohibited to represent, reproduce and/or to exploit the Platform, the Site and their Content, totally or partially, in any form and by any means whatsoever, without the prior written consent of IOTHINK SOLUTIONS. The user undertakes not to copy, modify, assemble, decompile, alter, sell, rent, lend, distribute, distribute or transfer all or part of the Platform, the Site and/or their Content, create derivative works based on such works, authorize or permit any third party to commit such acts to do so, without the prior written consent of IOTHINK SOLUTIONS.
Failure to comply with the provisions of this article constitutes a violation of property rights. intellectual property of IOTHINK SOLUTIONS and/or third party licensors and is likely to result in civil and criminal proceedings
8.2. Property rights to the Data
The Data is and remains the exclusive property of the User (or the Client who uses it). IOTHINK SOLUTIONS cannot claim any rights of any kind over this Data, excluding a right to use them, for the purposes of improving the performance and functionalities of the
Platform, for statistical purposes and, where applicable, support and maintenance thereof, to the exclusion of any other purpose, particularly commercial, and with strict respect for confidentiality of this Data.
Article 9. Protection of personal data
9.1. User Personal Data
IOTHINK SOLUTIONS is concerned with the protection of Users' Personal Data. As as data controller, it undertakes to protect them at all times, in accordance with the Regulations applicable to the protection of personal data.
The User acknowledges and accepts that the Personal Data concerning him, collected by IOTHINK SOLUTIONS within the framework of the execution of the TERMS OF USE, are necessary for the creation of your Account, access to the Platform and its use as well as to respond to its requests relating to the Platform, provide support and maintenance of the Platform. This Personal Data may, finally, be processed for statistical purposes to improve the performance and functionality of the Platform. This information is strictly confidential and intended exclusively for IOTHINK SOLUTIONS.
Unless legally or judicially required to do so, IOTHINK SOLUTIONS undertakes not to disclose, assign, rent or transmit the User's Personal Data to third parties other than the host of the Site, as mentioned in the legal notices of the Platform available on the latter, the latter acting as a subcontractor of IOTHINK SOLUTIONS within the meaning of the Regulations applicable to the protection of personal data, in accordance with the contract which binds and which cannot derogate from this article. IOTHINK SOLUTIONS reserves the right to migrate the hosting of the Platform to other data centers of this host and/or to change hosting provider, in constant compliance with the Regulations applicable to the protection of personal data.
The User is informed that, for technical reasons of management of the Platform, the Data that it integrates into the Platform, including personal data, may be stored in the data centers of the hosting provider located in the country where the User is connecting. In the hypothesis where a resident of the European Union would be, the latter is informed and expressly accepts the transfer of their personal data to this host located outside the European Union, for the purposes aforementioned. IOTHINK SOLUTIONS ensures at all times that these transfers are carried out under conditions appropriate and adapted security and confidentiality to guarantee a level of protection of the User's personal data equivalent to the level required within the Union European, in accordance with the regulations applicable to the protection of personal data.
The User is also informed that, for technical reasons, assistance with maintenance and diagnosis, its actions carried out on the platform, will be logged, recorded and timestamped in a dedicated database. Non-exhaustively, the actions may concern:
The logs of these actions may be made accessible on the platform, at certain levels of Users, according to the wishes of the Administrator who manages access rights.
IOTHINK SOLUTIONS undertakes to take all useful precautions, with regard to the nature of the data personal information of the User and the risks presented by the processing, to preserve its security and confidentiality and, in particular, prevent the destruction, loss, alteration, disclosure or unauthorized access to this data.
The User's Personal Data will be kept as long as his Account is active and he will use the Platform. They will then be archived, in a secure environment compliant with the requirements of the Regulations applicable to the protection of personal data, during the duration necessary for the purposes of proof for the establishment, exercise or defense of a legal right.
The User has a right of access, rectification, limitation and portability of data personal matters concerning him. The User also has the right to lodge a complaint with the National Commission for Information Technology and Liberties if it considers that the processing carried out by IOTHINK SOLUTIONS constitutes a violation of their Personal Data.
However, the User does not have the right to object to the processing of their Data. Personal nor the right to their erasure unless you risk automatic and immediate closure of your Account failing for IOTHINK SOLUTIONS to be able to continue to interact with it.
The User can exercise their rights at any time with IOTHINK SOLUTIONS by email addressed to the following address: support@kheiron-sp.io. He will be asked for proof of identity to prove that he his identity.
9.2. Personal Data processed by the User as part of the use of the Platform
As part of the use of the Platform, the User may be required to integrate and process information Data, including Personal Data of customers or other persons with whom the User interacts. As responsible for processing this Personal Data, the User (or where applicable, through it, the Client) guarantees IOTHINK SOLUTIONS that it respects all moment the Regulations applicable to the protection of personal data and, in particular, the rights of the people concerned by the processing carried out through the Platform. The User (or where applicable, through him/her, the Client) guarantees IOTHINK SOLUTIONS against any recourse in this respect.
For the purposes of the support offered to the User within the framework of these presents and the maintenance in operational condition of the Platform, IOTHINK SOLUTIONS may be required to access the Personal Data that the User processes through the Platform, on behalf of the User and on his instructions. As such, IOTHINK SOLUTIONS acts as a subcontractor of the User (or where applicable, through him, the Customer). As a subcontractor, IOTHINK SOLUTIONS undertakes to respect the following obligations and to ensure that its staff respect: (i) process Personal Data within the strict and necessary framework of the execution of the TERMS OF USE and to act only on the basis of the User’s documented instructions; (ii) ensure the confidentiality of Personal Data and ensure that each person he authorizes to process said data undertakes to respect confidentiality or is subject to an obligation appropriate confidentiality; (iii) ensure the security and integrity of Personal Data. As such, IOTHINK SOLUTIONS implements implements and maintains security measures for the Platform, which take into account the principles of data protection and are adapted to the risk generated by the processing on the rights and freedoms of the data subjects, in accordance with the requirements of the Regulations applicable to the protection of personal data. These measures aim to (i) protect Personal Data against their destruction, loss, alteration, disclosure to unauthorized third parties and (ii) ensure the restoration of the availability of Personal Data and access to them within appropriate time frames in the event of a physical or technical incident. IOTHINK SOLUTIONS also sets up a procedure aimed at testing, analyzing and evaluating regularly the effectiveness of technical and organizational measures to ensure safety treatment; (iv) not retain Personal Data beyond the duration of the TERMS OF USE or any other duration specified by the User. In any event, at the end of the TERMS OF USE, IOTHINK SOLUTIONS will return to the User, at his request, the Personal Data in his possession, in a standard format, and to delete any copy of the Personal Data, except for a copy that IOTHINK SOLUTIONS may archive for purposes of proof for the establishment, exercise or defense of a right to justice; (v) not grant, rent, transfer or otherwise communicate to another person, all or part of the Personal Data, with the exception of the hosting provider as mentioned in the article 9.1 above; (vi) the User (or where applicable the Client) expressly authorizes the use of subcontracting to the execution of the Contract by IOTHINK SOLUTIONS, this authorization also encompassing the carrying out all or part of the personal data processing activities. IOTHINK SOLUTIONS undertakes to inform the User (or where applicable the Client) of any planned change concerning the addition or replacement of a subcontractor and to give him the possibility of issuing of the objections to this change. In any case, IOTHINK SOLUTIONS ensures that any subcontractor it recruits offers sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the Regulations applicable to the protection of personal data and guarantees the protection of the rights of the persons concerned. IOTHINK SOLUTIONS remains responsible towards the User for the execution of its obligations by its own subcontractors; (vii) provide assistance to the User (or where applicable the Customer) in order to enable him to respond, within the time limits and under the conditions provided for by the Regulations applicable to the protection of personal data, any request to exercise a right, request or complaint a data subject or a data protection authority or any other regulator; (viii) provide assistance to the User (or where applicable the Client) in the context of the implementation impact analyzes relating to private life and/or as part of formalities that may need to be completed by the User (or where applicable the Customer). The latter acknowledges and accepts that the service assistance that would be to be accomplished in this context will be the subject of a separate service proposal from the share of IOTHINK SOLUTIONS; (ix) make available to the User, subject to compliance with a confidentiality commitment, all information necessary to demonstrate compliance with the obligations provided for herein article and to enable audits, including inspections, to be carried out by the User (or as the case may be where appropriate the Client) or any auditor mandated by him and contribute to these audits. The audits will be carried out at the exclusive expense of the User (or where applicable the Client). He undertakes to notify the audit request within a reasonable period of time before it is held, which cannot be less than ten (10) open days ; (x) not transfer the Personal Data processed herein to countries outside of the European Economic Area which have not been recognized by the European Commission as ensuring an adequate level of protection (i) without having previously obtained authorization express and written from the User (or where applicable the Client) and (ii) without the implementation legal instruments recognized as appropriate by the Regulations applicable to the protection of personal data to regulate the transfer(s) concerned; (xi) notify the User (or where applicable the Client) as soon as possible in the event of a violation of the Personal Data of which he is aware, the notification being accompanied by any useful documentation to allow the User (or where applicable the Client), if necessary, to notify this violation to the competent Supervisory Authority, and assist it in the implementation of any action to address this data breach.
Article 10. Duration, suspension and termination
The TERMS OF USE come into force from their acceptance by the User and for the entire duration access and use of the Platform by the User.
In the event of use of the Platform by the User not in compliance with the TERMS OF USE, in the event of a breach of the User to the TERMS OF USE and/or failure of the Client to comply with the general and specific conditions of sale applicable to the Platform, and more generally in the event of violation of laws and regulations applicable, IOTHINK SOLUTIONS may suspend or terminate automatically, without formal notice prior notice, without notice or compensation, all or part of the User's access to the Platform. IOTHINK SOLUTIONS may pronounce this suspension or termination without prejudice to all other rights, actions and remedies that IOTHINK SOLUTIONS could have available with a view to repairing the damage that it could have suffered as a result of these failings.
At the end of the TERMS OF USE for whatever reason, the User account will be deactivated immediately and automatically.
The User's Personal Data will be archived under the conditions provided for in article 9. above. The User is informed that no recovery of the Data will be made without the agreement prior written notice from the Customer addressed to IOTHINK SOLUTIONS. The conditions for resuming Data are specified in the contract between the Client and IOTHINK SOLUTIONS.
Article 11. Applicable law and competent jurisdictions
The TERMS OF USE will be executed and interpreted in accordance with French law.
The parties declare their intention to seek an amicable solution to any difficulty which could arise regarding the validity, interpretation or execution of the TERMS OF USE. Within the permitted limits by law, in the event of persistent disagreement, the dispute will be submitted to the Grasse commercial court.
Article 12. Contact
For any information regarding the TERMS OF USE, the User can contact IOTHINK SOLUTIONS by email addressed to the support address accessible from the Platform.