Terms of Service and Privacy Policy

ARTICLE 1: LEGAL IDENTIFICATION

The Platform is published by PINPO, a Simplified Joint-Stock Company, with share capital of 21,544 euros, registered with the Paris Trade and Companies Register under number 811 906 767, whose registered office is located at 118 Boulevard Malesherbes, 75017 Paris, represented by Ms. Laurence BENAMRAN, duly authorized for these purposes.

PINPO is the exclusive owner of all intellectual property rights to the Platform.

ARTICLE 2: DEFINITIONS

Client: Refers to any natural or legal person, holder of a Client Account, who connects to the Platform to use the Services and benefits from a Platform usage license granted by PINPO.

Client Account: Refers to the account created by the Client, from which they access the Platform Services, in accordance with the License described herein;

Data
- Client Data: refers, in the context of Platform use, to all types of information, data, and content, collected, hosted then processed and used by PINPO and which remain the entire property of the Client;
- Personal Data: refers to all types of information, data and content, collected and processed in the context of Service use, hosted by PINPO, which, within the meaning of the Data Protection Act of January 6, 1978 as amended and Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, allow to designate or identify, directly or indirectly, a natural person;

Lead: Refers to a commercial contact, qualified or not, having sent a contact request to the Client;

Platform: Refers to all web and server software components making up the PINPO Platform, developed and published by PINPO who holds exclusive ownership, allowing the User to access the Services, and accessible at https://www.pinpo.com;

User: Refers to any natural or legal person, including Clients but also persons who have not opened an account on the Platform and who would browse and consult the Platform.

ARTICLE 3: ACCEPTANCE – WARNING

These Terms are expressly agreed and accepted by the User, who declares and acknowledges having perfect knowledge of them.

In any case, the User's registration on the Platform, and/or any commencement in the use of Services subjects the User to these Terms. The User is therefore deemed to accept all the rules stipulated herein, as well as those that would be present in any document available on the Platform, integrated into these Terms by reference and which govern their relationship with third parties and PINPO.

These Terms are enforceable throughout the duration of Platform use and until new Terms replace these.

The User also acknowledges having consulted the legal notices appearing on the Platform prior to any use of the Services.

ARTICLE 4: PROOF AGREEMENT

The User acknowledges that recordings and backups (including all connection data) made on the Platform (hereinafter "Electronic Documents") will have full probative value between them and PINPO. Thus, Electronic Documents (including their date and time) will be evidence between the parties in any dispute.

The User therefore acknowledges, in their contractual relations with PINPO, the validity and probative force of emails. Similarly, notifications made via the Platform are enforceable against the User as evidence.

ARTICLE 5: CHANGES

PINPO reserves the right to modify these Terms, according to the technical evolution of the Platform or its service offerings, or due to legislative changes, at its sole discretion.

In general, the User's use of the Platform is always subject to the most recent version of the Terms accessible to the User at the time of such use. It is the User's responsibility to consult the Terms as often as necessary, accessible from the Platform and their Account.

ARTICLE 6: VIOLATION

Any violation of these Terms authorizes PINPO to refuse future access to Services to the User who committed the violation, as well as to close any Account allowing access to Services, without prejudice to damages that could be claimed from the author of said violation by PINPO.

In this regard, it is strictly forbidden to use the Services for the following purposes:
- exercising illegal, fraudulent activities or infringing the rights or security of Third Parties,
- breaching public order or violating laws and regulations in force,
- intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security,
- sending unsolicited emails and/or commercial prospecting or solicitation,
- manipulations intended to improve the ranking of a third-party site,
- aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
- and more generally any practice diverting the Services for purposes other than those for which they were designed.

Also strictly prohibited are:
- any behavior likely to interrupt, suspend, slow down or prevent the continuity of Services,
- any intrusion or attempted intrusion into PINPO's systems,
- any diversion of Platform system resources,
- any action likely to impose a disproportionate load on Platform infrastructures,
- any breach of security and authentication measures,
- any act likely to harm the financial, commercial or moral rights and interests of PINPO or Users of its site,
- and finally more generally any breach of these Terms.

ARTICLE 7: LICENSE

7.1 Scope of rights granted
PINPO grants the User who accepts it a non-exclusive, non-assignable and non-transferable license to use the Platform, for the duration of Platform use and in territories worldwide (hereinafter the "License") to allow the User to access the Services.

7.2 Usage restrictions
The User expressly refrains from any other act of use or exploitation of the Platform, and in particular:
- Making any copy of all or part of the software solutions composing the Platform;
- Reproducing permanently or temporarily the Platform made available, in whole or in part, by any means and in any form, including during loading, display, execution or storage of the Platform;
- Practicing reverse engineering, decompiling or disassembling the Platform, computer program(s) and software solution(s), except as expressly authorized by applicable law;
- Modifying, altering, adapting or making any change of any nature whatsoever to the presentation and content of the Platform, computer program(s) and software solution(s), trademark, trade name, logos etc. affixed to the Platform, its presentation, or not removing identification and ownership mentions of the Platform, including contributor names;
- Translating, adapting, arranging or modifying all or part of the Platform, exporting it, merging it with other computer applications;
- Renting, lending, using the computer program(s) and software solution(s) composing the Platform for the purpose of sharing them or making them available to third parties who would not be authorized users, in the context of time-sharing or processing centers;
- Publishing, without prior written agreement from PINPO, any performance test or evaluation analysis relating to the Platform.

In the event that the User plans to use the Platform for purposes other than those provided herein, they will notify PINPO in writing, who may, at its sole discretion, refuse or authorize this use according to the terms and conditions it defines.

ARTICLE 8: CLIENT ACCOUNT

8.1 Registration
To access the Services offered by PINPO, the User must authenticate, following the registration process offered on the Platform.
The User must therefore provide in good faith the information required in the Client Account registration form, in accordance with the procedure described on the Platform. This information relates to the following elements:
- Last name and first name of the Client or reference natural person at the Client
- Corporate name of the Client
- Telephone of the Client or reference natural person at the Client
- Email address of the Client or reference natural person at the Client;
- Client's field of activity (for example real estate, insurance, etc.)
- Password chosen by the Client or reference natural person at the Client.

The Client confirms having taken note and authorizes the connection of their CRM to the PINPO information system for the purpose of performing the Services. The Client adds their source via their client account settings page in the "synchronization" tab by clicking the "add a source" button. In the case of synchronization via API/Web Service, the client transmits by email an API key allowing the link between the Client's information system and PINPO. By sending this API key, the Client authorizes PINPO to access their CRM software.

8.2 Client Account provision
The Client can access their Account by authenticating on the Platform using their connection parameters. From this space, the Client has access to the various Platform tools made available to them
The Client can in particular:
- Access an analytics dashboard allowing them to visualize the work performed by PINPO and the results of their marketing and commercial campaigns
- Access their leads and view all information identified during each conversation.
- Manage information entered on their Client Account.
- Add a payment method Change plan
- Add a qualification scenario
- Add new lead reception sources
- Manage their notifications.

8.3: Responsibility for connection parameters
The Client has the obligation to maintain the confidentiality of their connection parameters. In this regard, it is recalled that the Client's connection parameters are for single and strictly personal use.

The Client is responsible for all their uses, whether they have actually or expressly authorized them or not. The Client is prohibited from assigning, lending or transferring their connection parameters to any third party or allowing any third party to connect to their Account.

ARTICLE 9: EQUIPMENT

The use and maintenance of all telephone, computer and other equipment necessary to access the Platform is the User's responsibility, who will bear the costs alone. PINPO will not be held responsible in case of damage to any equipment in the context of Platform use.

ARTICLE 10: SERVICE DESCRIPTION

PINPO provides Users with the following services:
- Artificial intelligence to qualify or disqualify the lead's project, in accordance with scenarios defined by the Client, by SMS and/or WhatsApp conversation, on days and times chosen by the Client.
- An innovative platform for lead management and analytics visualization allowing the client to access conversations in real time and manage service activation.
- Sending qualification reports by email, in the client's CRM via an API or on the Pinpo platform
- Sending personalized SMS and/or email to sales representatives
Customer service.

ARTICLE 11: PERSONAL DATA

PINPO undertakes that the personal data of Clients and Users are collected and processed in accordance with Law No. 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms known as "Data Protection Act", and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and any legislation taken in application of this Regulation.

11.1 Identity and contact details of the data controller and processor

Within the meaning of the Regulation, the "data controller" is the entity that determines the purposes and means of processing personal data. The "processor" is the entity that processes data on behalf of the data controller and according to its instructions.
When processing Users' personal data, PINPO may have the following qualities, within the meaning of the Regulation:
- Be "data controller" i.e., determine the purposes and means of processing personal data
- Be "processor", i.e. process data on behalf of the data controller and according to its instructions.

In all cases, PINPO undertakes to comply at all times with the requirements of the Regulation and to only process personal data under the conditions provided in the following articles.

11.2 Processing mapping

11.3 Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:
- When the Client authorizes a third-party website to access their Personal Data;
- When the Platform uses the services of third-party providers, provided they act in accordance with the provisions of applicable regulations on personal data protection;
- To satisfy legal and regulatory obligations and comply with administrative and judicial procedures;
- In the context of a merger, acquisition, asset sale or receivership procedure leading PINPO to transfer or share all or part of its assets, including personal data. In this case, the Client will be informed before personal data is transferred to a third party.

11.4 Data retention

Personal data is retained by PINPO for the duration mentioned in the table above.

At the end of the contract concluded between PINPO and the Client, whatever the cause, Client Accounts will be closed and deactivated automatically. The Client will retain access to an administrator account, allowing them to export all Client Data, including personal data, in CSV/Excel format. Any request for restitution of Client Data in a particular format and/or technical and/or operational assistance requested by the Client will be subject to a separate quote from PINPO.

After this period of one (1) month, PINPO will permanently delete Client Data, including the Client's personal data, except for a copy, which PINPO will archive, in a secure environment compliant with the Regulation, for the legal limitation period applicable, for proof purposes for the establishment, exercise or defense of a right in the context of judicial proceedings or administrative or extrajudicial proceedings.

Personal data of non-client Users will be deleted beyond the retention period provided in the table above; no archiving will be performed by PINPO.

11.5 Security and confidentiality

PINPO implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alterations, destructions, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and that the Platform cannot guarantee the security of information transmission or storage on the Internet.

In case of personal data breach, PINPO will notify the incident to the competent supervisory authority (CNIL) as soon as possible and, if possible, no later than 72 hours after becoming aware of it, unless the breach in question is not likely to result in a risk to the rights and freedoms of natural persons.

11.6 Implementation of data subject rights

Under applicable regulations, the Client has the following rights, which they can exercise by writing to the following email address: dpo@pinpo.fr
- Right of access: obtain confirmation of the processing of their Personal Data as well as certain information about the processing;
- Right of rectification: obtain rectification of their Personal Data when it is inaccurate or incomplete;
- Right to erasure: under the conditions provided in Article 17 of the GDPR, obtain erasure of their Personal Data when it is no longer necessary for the purposes for which it was collected or when the Client or User objects to the processing of their Personal Data;
- Right to restriction of processing: obtain restriction of processing of their Personal Data when the Client or User contests the accuracy of the data, when the retention period for Personal Data has expired but the Client or User still needs to retain this Personal Data for the establishment, exercise or defense of a legal claim, or if the Client or User has objected to the processing;
- Right to portability: obtain communication of Personal Data that the Client or User has communicated to PINPO in a readable format, or request that PINPO transmit the Personal Data that the Client or User has communicated to another data controller;
- Right to object: under the conditions of Article 21 of the GDPR, object at any time, for reasons relating to their particular situation, to the processing of their Personal Data, particularly when this objection concerns commercial prospecting, including profiling;
- Withdrawal of consent: withdraw their consent to future processing of their Personal Data by PINPO, when processing is based on consent.

Before implementing any of these rights, PINPO may request proof of the person's identity to verify its accuracy.
In case of difficulty in exercising their rights, the Professional may file a complaint with CNIL, online at https://www.cnil.fr/fr/plaintes or by postal mail at the following address: CNIL - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.

11.7 Evolution of this clause

PINPO reserves the right to make any modification to this clause relating to the protection of Personal Data at any time. This will result in the publication of a new version of the Terms on the Platform and sending an email to Clients at least fifteen (15) days before the effective date. If the Client does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their Account.

ARTICLE 12: COOKIES

A cookie or connection token is a file saved on the User's computer hard drive, smartphone or any other terminal, containing information about their browsing. The User is informed that during their visits to the Platform, a cookie may be automatically installed on their browsing software.

The installation of certain cookies when they do not have the exclusive purpose of enabling or facilitating communication by electronic means or when they are not strictly necessary for the provision of an online communication service at the User's request, are subject to the User's consent.

The User can, if they wish, disable the use of cookies by selecting the appropriate settings in their browser. To do this, the User can follow the links referenced below:
- Chrome: https://support.google.com/chrome/answer/95647
- Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies
- Safari: https://support.apple.com/fr-fr/guide/safari/sfri11471/mac

However, it is specified that their deactivation could prevent the user from accessing certain Platform functionalities.

Cookies are stored in the User's browser for a maximum period of thirteen (13) months after their first deposit in the terminal equipment.

ARTICLE 13: INTELLECTUAL PROPERTY

13.1 Respect for intellectual property rights

All graphic elements such as information, texts, images, copyrights, trademarks, photographs, videos, sounds, logos, as well as any computer applications distributed by PINPO on the Platform are protected by laws in force regarding intellectual property. They may not be used, reproduced, imitated or adapted without prior written authorization from PINPO.

PINPO holds the right to use the domain name: pinpo.fr.

Likewise, the "PINPO" trademark has been registered with the National Institute of Industrial Property. Consequently, any reproduction or imitation of the aforementioned trademarks is prohibited without prior written authorization from PINPO.

Failure to comply with these provisions exposes the User to civil and/or criminal prosecution by PINPO on the grounds of counterfeiting.

Beyond what is indicated herein, the User acknowledges and accepts that access to the Platform cannot entail any assignment or concession of intellectual property rights (trademark rights or copyrights in particular) to their benefit.

13.2 Respect for Copyright - Copyright © - Links (belonging to PINPO or its partners)

The Platform respects copyright, as well as neighboring rights (hereinafter "Copyright"). All Copyright of protected works reproduced and communicated on the Platform are reserved worldwide. Except with authorization, any use of works other than individual and private reproduction and consultation is prohibited.

Reproduction on paper: Reproduction (printing) of Platform pages on paper is authorized for strictly private and non-commercial use.

Reproduction on electronic medium: Reproduction of all or part of the Platform on an electronic medium is prohibited.

ARTICLE 14: NOTIFICATION

All notices and notifications provided for in these Terms must be sent to the address mentioned at the head of this document regarding PINPO, and to the email address provided by the User when registering on the Platform, regularly updated as appropriate, in accordance with the requirements herein.

All notifications made in application hereof will be validly made and will be considered received under the following conditions:
- email – on the day of sending;
- registered letter with acknowledgment of receipt - the day after the date shown on the acknowledgment of receipt.

ARTICLE 15: DISPUTE AND JURISDICTION

These Terms are subject to French law.

In the absence of amicable resolution, all disputes relating to this Contract will be brought to the attention of the competent courts located in the territorial jurisdiction of PINPO's registered office