Terms of Service

The use of Sensia Services requires the creation of an online account with a valid professional email and password as well as a username.

The User is responsible for the accuracy of the information he provides and undertakes to update the information concerning him or to notify Sensia without delay of any change affecting his situation.

The User takes all necessary steps to maintain the confidentiality of access to his account.

In the event of fraudulent use of his account, the User undertakes to immediately notify Sensia and to change his access password without delay.

The costs that may result from this unauthorized use will be borne by the User until he has notified Sensia of this use.

Sensia will in no way be liable for material or immaterial damage resulting from the use of the account by a third party, with or without the authorization of the User.

In order to ensure proper commercial follow-up, Sensia stores messages sent through its Sites on behalf of the User. Projects are maintained from the moment the User has an active and creditor account, and maintains and correctly updates his account.

Sensia protects the integrity, confidentiality and administrative, material and technical security of the User's personal information.

 

 

 

Subscription to an Pro, Business plan or any other use of Sensia's Services constitutes a commitment by the User to pay the price corresponding to the Services selected and his country of residence.

Unless otherwise specified, the prices of the Services subscribed are paid at the time of subscription and in the currency in which they were invoiced.

The prices displayed on the Sites are exclusive of charges, they do not include VAT. Additional charges are applied to the invoice depending on the User's country of residence and the applicable legal and regulatory provisions.

Each Party declares that it complies with the regulations applicable to its activity.

For the collection activity on the Web, Sensia will collect data from opinion sites publicly available on the Internet, without any connection to an account.

The collection will be carried out on data concerning the User and his customers, without systematically extracting any personal information (names, nickname, emails) or sensitive, or only with the consent attached to the data in accordance with the recommendations of the White Paper of Privacy Tech on data governance published on April 10, 2019.

It is noted that in the event of the massive use of the service, the User's Sensia has obtained the prior consent of the Site concerned.

For the proper administration of the site, Sensia may record connection and navigation logs on the site, for a maximum period of 36 months.

In general, the User guarantees that the information sent via the Sensia Services does not contravene any legal or regulatory provision or result from an international agreement that would be applicable to him and in particular the provisions in force in France, in the State in which the User operates, nor the rights of third parties.

For your information and without this list being exhaustive, the import of customer and prospect data is subject to the applicable data protection rules as well as the following rules:

• United States: Telemarketing Sales Rule, Federal Telephone Consumer Protection Act, Can-Spam-Act.
• In France: Articles L.34-5 of the Postal and Electronic Communications Code and L.121-34-1-1 of the Consumer Code, Article 323 of the Criminal Code, Article L342-1 of the Code of Intellectual Property
• In Italy: Codice in materia di protezione dei dati personali
• In Spain: Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico and Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal
• In the United Kingdom: The Privacy and Electronic Communications (EC Directive) Regulations 2003

The User authorizes Sensia to use his name, email address, brand and visual identity for the purposes of performing the Services and communicating between the parties.

The User guarantees to Sensia:

• that he has full power and capacity to exploit and grant intellectual and industrial property rights and that these rights are in no way assigned, mortgaged, encumbered or in any way devolved in favor of a third party;
• that he has not done and will not do, by way of assignment to a third party or by any other means, any act likely to compromise the use of intellectual and industrial property rights;
• that no litigation or lawsuits are pending or about to be brought involving intellectual property rights.
• that in the event of the massive use of the proposed service for collecting opinions, a prior agreement with the third-party sites or opinion services concerned has been directly put in place by the User concerning the use of the data of his end customers.

In addition, the User shall undertake to guarantee Sensia against any third-party claim as well as any conviction that may be pronounced against him arising from non-compliance with this article.

Unless the User decides otherwise, Sensia may indicate the User's name or brand in its customer list, for commercial reference purposes, on its Sites or on its commercial documents.

 

All programs, services, processes, designs, software, technologies, brands and trade names, and inventions appearing on the Sites, accessible through the Sites or through the Services of Sensia are the property of Sensia.

In particular, the User takes note that the value score (Average Score), emotional intensity (Top feelings), and any other indicator are belonging to Sensia.

Any use of these Indicators outside of the exploitation of results from the Sites or the communication of these results must be the subject of a written request to support [AT] Sensia.

The User agrees not to use, in any way whatsoever, the Sites, the Services or any of the elements set out above for purposes other than those provided for herein.

 

To provide the Services, Sensia has access to the information contained in the imported data and the projects created by the Users on their personal accounts. This information may contain personal data concerning third parties.

 

As the creator of his project and the data importer, the User is responsible for processing personal data appearing in his projects within the meaning of the applicable regulations. As such, if the User is established in the European Union, or if his project contains personal data of citizens who are members of the European Union, the User guarantees to Sensia that he complies with the provisions of Regulation no. ° 2016/679 of April 27, 2016 (the “RGPD”) as well as those of Law n ° 78-17 of January 6, 1978 relating to information technology, files and freedoms, and in particular:

• that the personal data contained in the transmitted file have been collected and processed in compliance with applicable regulations;
• that the User has informed the persons concerned in accordance with the regulations;
• where applicable, that the collection and processing have been subject to the consent of the persons concerned;
• that it allows data subjects to exercise their rights in accordance with the regulations;
• that it undertakes that the information will be rectified, completed, clarified, updated or deleted when it is inaccurate, incomplete, equivocal, out of date or when the holders wish to prohibit its collection or use, communication or conservation.
• that he undertakes that within the file (s) transmitted, no personally identifiable information (such as customer names, passwords, payment information, credit card numbers, social security numbers, addresses physical or customer emails) are transmitted in the files transmitted on the Sites.
• Customer identification numbers, comment numbers, additional identification numbers, anonymized customer comments, date sent or experience, and metadata such as, agencies, locations of service, and other types of information non-personal (segments or groupings) are the only personal data transmitted on the Sites.

It is specified that the User is responsible for managing the retention periods of the personal data that he sends to the Sensia sites, and that it is his responsibility to delete the data as and when the expiration of their retention period.

Indeed, the User can access the data, depreciate the project (archiving) and delete the entire project.

Sensia is solely responsible for deleting this data at the end of its contractual relationship with the User. However, where no instructions have been given within the time limits set, Sensia will not keep the oldest processed data and will apply the following maximum retention periods:

• Any data analyzed for more than 24 months (2 years) will be deprecated.
• Any data analyzed after 36 months (3 years) will be deleted.
• Sensia will finally remove the consolidated emotional results after 48 months (4 years).

In addition, the User undertakes not to include in the data downloaded on the Sites any personal data known as “sensitive” within the meaning of article 9 of the GDPR, and in particular no health or vulnerability data, no personal information, allegedly racial or ethnic origin, no opinion of a political, philosophical or religious nature, trade union membership, but also no data relating to criminal convictions and offenses.

Sensia can in no way be held responsible for the presence of such personal data on its platform, and the consequences that could result from it. In the event of a violation of this clause, the User will be solely responsible for any consequences and undertakes to guarantee, and if necessary compensate Sensia.

 

When creating an account, Sensia will record the contact information (and if subscription to a paid plan, payment) of the User: email (s), name (s), postal address, VAT number, bank details or credit card information.

This information is necessary for the provision and administration of the Services. They make it possible, for example, to make contact with the User's interlocutors, to provide by email the information necessary for the proper use of the Services, to constantly improve the experience, to automatically propose invoices related to the Services, etc.

Sensia has taken all necessary precautions to preserve the security of personal data particularly to prevent it from being distorted, damaged, accessed by unauthorized third parties.

These measures include the following:

• Encrypted data transmission using SSL / https / VPN / SFTP technology
• Secure access via token, reCaptcha and blocking in the event of multiple intrusion attempts.
• Use of recognized hosts located in France or in Europe, with proven international security standards such as ISO27001.
• Multi-year or annual update of software and systems used
• Strong logical restriction of project access to only affected accounts and users
• Signatures of systematic confidentiality clauses for all of our employees
• Delegation of data storage and payment transactions to certified and experienced third parties (Stripe)
• All other control operations not described here for safety

In addition, access to processing by Sensia's Services requires authentication of the persons accessing the data, by means of an individual access code and password, sufficiently robust and regularly renewed making the subject to control from the first submission entry.

Sensia acts for its part as a subcontractor of the User, and undertakes to respect the obligations described in these conditions.

In this context, it is specified that the disclosure to third parties of the personal data contained in the projects can only take place in the following cases:

• with the authorization of the User certifying that the person concerned has himself authorized this disclosure;
• at the request of the legally competent authorities, upon judicial requisition, or in the context of a legal dispute.

The use of the Sensia Services resulting from the subscription of paid Services is strictly personal and cannot be rented, transferred free of charge or against payment to a third party. In the absence of prior authorization, the use of Sensia is limited, per User, to a maximum of a single access (= an email) on the Pro plan.

Any use of the Services likely to damage, deactivate or overload the Sensia infrastructure or the networks connected to Sensia servers, or even hinder other Users' enjoyment of the Services is prohibited.

Any attempt to gain unauthorized access to the Services, to other accounts, to computer systems or to other networks connected to a Sensia server or to any of the Services by hacking or any other method is prohibited.

The use of the Services for the purpose of selling products or services related to illegal or fraudulent activities or to encourage its activities and in particular, without this list being exhaustive, activities related to illegal drugs, pirate programs, assembly instructions or the creation of bombs, grenades or other weapons, material that contains violence on children or that encourages violence is prohibited.

Any use of the Services contrary to the applicable regulations on the protection of personal data is prohibited. Any use of the Services in violation of the rights of third parties is prohibited.

In the event of non-compliance with this article, Sensia reserves the right to immediately block the User's access to its Services and delete all information from his account without, reimbursement, or any other form of compensation.

Sensia reserves the right to refuse or limit service to accounts that do not comply with its General Conditions of Use.

5. Responsibilities and guarantees

5.1 Responsibilities and guarantees of Sensia

 

5.2 Responsibilities and guarantees of the User