Files and Smart Data B2B: Mixdata Terms of use

MIXDATA, a simplified joint-stock company (société par actions simplifiée) with capital of 266 679 euros, registered with the R.C.S. (Trade and Companies Register) of Nanterre under number 793277013, whose registered office is located at 95 avenue Marcel Dassault 92100 Boulogne Billancourt

The website located at the address https://www.mixdata.com (“the Site”) provides each Subscriber, for a fee on the Internet, with access to a number of services and products available at the time of their Connection.

1DEFINITIONS

• Subscriber means a User who has taken out one of the subscription offers proposed by MIXDATA.
• Subscription means all of the contractual documentation concluded between the Subscriber and MIXDATA, under which the Subscriber has taken out Services offered by MIXDATA. The Subscription includes in particular the order form, the Terms of use, the Terms of sale and the subsequent modifications of the Ordered Services
• Access Codes means the login identifier of the Subscriber or the Authorised Person and their connection password provided by MIXDATA upon registration, allowing them to identify themselves and connect to the various subscribed services provided on the Site.
• Account means the space made available to the Subscriber on the Site, allowing them, after identifying themselves with their Access Codes, to access all the data concerning their contract.
• Terms of Sale means the general and specific terms of sale taken together, provided to the Subscriber at the time of their Subscription and accepted by the latter.
• Cookie means a small file of information that a website may send to the hard drive of a personal computer in order subsequently to trace it.
• Information means all of the information, data and publications accessible on the Site by means of the Service.
• MIXDATA means the company identified at the head of these Terms of use.
• Authorised Person means any natural person, employee or collaborator of the Subscriber, whose information has been provided by the latter when subscribing to the Service. The Authorised Person may connect to the Site and access the Service, and, depending on the Terms of Sale, the Subscriber’s Account through the allocation of an Access Code, under the authority and responsibility of the Subscriber.
• Service or Services means all of the business intelligence, information research, monitoring and list-building services, access to and downloading of the individual records of the companies selected by the Subscriber, and electronic messaging services, offered by MIXDATA to Subscribers, according to the plan chosen by the latter and determined in the Terms of Sale.
• Site means all of the website pages, products and services offered by MIXDATA on the Internet from the address www.mixdata.fr.
• Rights Holder means any natural or legal person holding economic and/or moral rights in the Information.

2PURPOSE

MIXDATA publishes the Site and offers the Services to its Subscribers. The purpose of these Terms of use is to define the conditions and arrangements for accessing the Site and the Service and the relationship between MIXDATA and the Subscribers. The Subscriber undertakes, on each use of the Service, to comply with these Terms of use.

MIXDATA is free to amend the Terms of use at any time, after notifying the Subscriber in writing. The Subscriber then has a period of thirty (30) days to notify MIXDATA in writing of their refusal of the new General Terms, failing which the latter will be applied automatically.

3ACCESS TO THE INFORMATION AVAILABLE ON THE SITE

3.1. The equipment required to access the Site and certain of the Services is the sole responsibility of the Subscriber, as are the telecommunications costs arising from their use.

3.2. MIXDATA grants the Subscriber and the Authorised Persons a right to consult and access the Information.

4USE OF THE INFORMATION AVAILABLE ON THE SITE

In general terms, and without this list being considered exhaustive, the Subscriber and the Authorised Persons undertake to:

(i) Never use the Information to build files intended for resale, hire or any redistribution, whether free of charge or for a fee, to third parties other than the collaborators and employees of the Subscriber, which excludes in particular any reproduction for the purposes of bulk distribution, for a fee, of the Information;

(ii) Never disclose their Access Codes to a third party, with the exception of the Authorised Persons;

(iii) Use no technical measure of a kind that would circumvent the protections put in place by MIXDATA on the Site;

(iv) Not reproduce, modify or redistribute the name, logo or trade mark of MIXDATA without having obtained MIXDATA’s prior agreement;

(v) Use their best efforts to put in place control systems adapted to technical developments in order to prevent any “hacking” of the Information and in particular to prevent the unlawful use, or use contrary to these Terms of use, of any Information in any manner and in any form whatsoever, and to inform MIXDATA as soon as they become aware of any “hacking” and in particular of any unlawful or non-contractual use of the Information

(vi) Never use robots, scraping tools, agents or AI platforms, or any computer program allowing the direct or automated reading and extraction of data contained in the Mixdata platform.

(vii) For security reasons, a consultation limit of 5 000 entities consulted and 250/email/user over 24 hours is set by default. This limit may be reduced without notice in the event of use deemed abnormal by our IT security teams.

5PERSONAL DATA AND RESPECT FOR PRIVACY

5.1Use of the Subscriber Access Codes

5.1.1. The Access Codes allow the Subscriber and the Authorised Persons to identify themselves and connect to the subscribed Services. These Access Codes are personal and confidential. They may be modified by MIXDATA at the written request of the Subscriber.

The Subscriber is entirely responsible for the use of the Access Codes provided to them, and any connection to the Site or transmission of data carried out using the Subscriber’s Access Codes shall be deemed to have been carried out by the latter.

The Subscriber undertakes to keep their Access Codes secret and refrains from disclosing them in any form whatsoever to third parties. The Subscriber has the possibility of ensuring that, at the end of each session, they can log out explicitly.

5.1.2. In the event of loss, theft or accidental disclosure of their Access Codes, the Subscriber must inform MIXDATA without delay, which will then proceed, as soon as possible, to cancel and reset the Subscriber’s Access Codes.

5.2Use of email data

MIXDATA offers its Subscribers an electronic messaging introduction service allowing them to make contact, through the Site, with professional third parties. This introduction by email must be made solely from the subscriber’s electronic mailbox to the professional electronic mailbox of a professional recipient present in the Mixdata database and appearing in the “Contacts” section. The Subscriber undertakes not to carry out any automated or non-automated capture of email addresses, whether personal or not, in order to use them outside this strict sending framework. The subscriber is solely responsible for the use made of the email addresses made available to them, which they will send via their own electronic messaging by clicking on the envelope in the Email column. They undertake to use the service solely in the context of professional business-to-business relationships, commonly referred to as “B to B”.

The Subscriber undertakes to comply with the laws and regulations in force, and in particular to refrain from sending messages whose content is unlawful, defamatory, insulting or discriminatory, or which would constitute an infringement of a patent, trade mark or any intellectual property right. Accordingly, any prospecting carried out by means of the emails made available must comply with the guidelines issued by the CNIL (French data protection authority). The User undertakes not to download and/or transmit by messaging emails and/or files containing viruses or, more generally, any program intended to interrupt, destroy or limit the functionality of any software, computer or telecommunications network. Furthermore, MIXDATA offers no guarantee as to the accuracy and deliverability of the emails proposed.

5.3Right of access to and rectification of personal data

5.3.1. MIXDATA is the data controller for the personal data of Subscribers and of the natural persons whose personal information appears on the Site when the Services are used.

5.3.2. The personal data transmitted by each Subscriber is intended exclusively for MIXDATA’s departments. It is collected solely for the purposes of the proper performance of the contract.

5.3.3. Pursuant to the provisions of Act No. 78-17 of 6 January 1978, as amended by Act No. 2004-801 of 7 August 2004, on information technology, data files and civil liberties, the data collected by MIXDATA is kept for a period that does not exceed the time necessary for the purposes for which it is collected and processed.

5.3.4. The data subjects whose personal information is displayed on the Site when the Service is used, or who receive electronic messages through MIXDATA, are informed that they have a right to object to, access, rectify and erase the data concerning them, and have the right to object to the processing as well as the right to data portability.

5.3.5. Any person may exercise this right online at any time by contacting our DPO, Mrs Cecile Chetrit, by e-mail at the following address: opposition@mixdata.com or by post: MIXDATA, 95 rue Marcel Dassault 92100 Boulogne-Billancourt.

5.3.6. The Cookies used on the Site do not make it possible to identify users but to record information relating to their computer’s browsing on the Site. For optimal use, certain personalised services of the Site use temporary cookies and require the Subscriber to accept these cookies. If the browser of the Subscriber’s personal computer is configured to refuse them, access to these services may prove impaired or even impossible. The Subscriber may disable cookies or delete them using the options of their internet browser. As each browser is different, the Subscriber is invited to consult their browser’s instructions in order to configure it as they wish.

6ACCESSIBILITY OF THE SERVICE

6.1. MIXDATA undertakes to use its best efforts to secure access to, consultation of and use of the Information in accordance with the customary rules of the Internet.

The Site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond MIXDATA’s control, and subject to any breakdowns and maintenance work necessary for the proper functioning of the Site and/or the Service, which may be carried out.

6.2. The Subscriber declares that they accept the characteristics and limitations of the Internet, and in particular acknowledges that:

(i) Any material downloaded by the Subscriber or obtained in any other way during the use of the Service is downloaded at their own risk;

(ii) The Subscriber is solely responsible for the use they make of the Information;

(iii) The Subscriber is solely responsible for the use of the content of the sites referenced by the Service.

Mixdata is entitled, in the event of breaches of the terms of sale or the terms of use, to block, wholly or partially, the customer’s access to the Mixdata platform.

Consequently, any use of all or part of the Information for purposes other than those described in the terms of sale or the terms of use is liable to cause harm to the company Mixdata.

7INTELLECTUAL PROPERTY OF MIXDATA AND OF THE RIGHTS HOLDERS

7.1. MIXDATA is the exclusive owner of all intellectual property rights relating both to the structure of the Site and the Service, their presentation and the elements that make them up, and to the content of the Site, except where otherwise indicated. MIXDATA grants the Subscriber or Authorised Person a personal licence to use the Site and the Service, revocable at the same time as the Subscription under the conditions set out in the Terms of Sale, non-transferable, non-assignable, non-exclusive and for a fee. MIXDATA is the sole holder of the intellectual property rights in the MIXDATA trade mark and its logos.

7.2. These Terms of use do not entail the transfer of any intellectual property right to the Subscriber, either in the structure or in the content of the Site.

The Subscriber undertakes in particular not to use the Information in a way that infringes MIXDATA’s rights. The User undertakes not to use the Site, the Service or the Information in an unfair or parasitic manner and to ensure that such use does not constitute an infringement. The databases appearing on the MIXDATA site are protected by the provisions of Articles L.341-1 et seq. of the French Intellectual Property Code.

7.3. As regards the legal information consultation services, the detailed information made available to the Subscriber is provided “as is” without any guarantee, or any legal force or enforceability against third parties. The Subscriber searches, processes and interprets the data under their own responsibility. Mixdata exercises all the due diligence required by the practices of the profession to keep this database up to date and to provide accurate information; the information may contain a certain margin of error. The information provided constitutes Information under these Terms of use and is subject to the same restrictions on use. The end user undertakes to make strictly personal and private use of this information, and under no circumstances to build files intended in particular for hire or (re)sale, or to (re)distribute this information to third parties whether for a fee or even free of charge.

7.4. The trade marks, whether word or figurative such as logos, shown and/or reproduced on the Site or in connection with the Service remain the property of their respective owners and are reproduced for information purposes only

Article 8: OBLIGATIONS OF THE SUBSCRIBER

8.1. From the time the Services are made available and for the duration of the Contract, the Subscriber has a personal, non-exclusive and non-assignable right to use the Mixdata data obtained by means of the Service. This right of use is strictly limited to:

• a right to consult the data contained in the Mixdata platform,
• a right to extract the data contained in the Mixdata platform, limited to the volumes of export credits ordered, for the purpose of carrying out communication, prospecting, market-study and market-sizing actions, and the building of company lists, offered by MIXDATA to the Subscriber

8.2. Where the Subscriber uses the data exported via the Mixdata platform and that data contains personal data, they have the status of data controller within the meaning of the GDPR. In this capacity, the Subscriber undertakes in particular:

• to use the Mixdata data solely for the purposes referred to in Article 8.1, and refrains from transferring it, whether free of charge or for a fee
• not to transfer the Mixdata data outside the European Economic Area (unless to Countries deemed to have an adequate level of protection within the meaning of the GDPR)
• to promote its products or services exclusively to recipients whose professional activity or professional functions are related to the message, and in a strictly business to business context
• to enable the data subjects to exercise their rights of access, rectification, objection, erasure and restriction of the data
• to implement a free and simple mechanism to deal with requests from recipients of promotional messages to exercise their rights
• to include in all commercial or marketing promotional email messages a hyperlink allowing recipients to exercise their rights and to unsubscribe from the message distribution list, as well as from the Mixdata database as the producer of the data.
• to cease all use of the electronic addresses that have been the subject of an objection or erasure request.
• to comply with the obligations arising from the GDPR that are incumbent upon them, in their capacity as data controller, in particular the obligation to inform the persons whose data is processed (pursuant to Article 14 of the GDPR).

9LIMITATION OF LIABILITY

9.1. MIXDATA can give no guarantee of reliability as regards all of the Information and other data present on the Site, whether provided by MIXDATA, by its partners or by any third party referenced by MIXDATA.

9.2. Certain Information consists of a title, a short extract and a hyperlink pointing to a web page external to the Site and the Service. In this case, MIXDATA operates as a search engine and cannot be held liable for the content of, and access to, these sites. MIXDATA disclaims all liability as regards the content, operation, services offered and access of the websites published by third parties and accessible from the Site and the Service by hyperlinks.

9.3. The provision of the Information may not in any way be equated with specific advice or decision-making support for carrying out a transaction or taking a commercial decision. The User accordingly acknowledges that they use the Information and the other data of the Site and the Service offered to them at their own risk.

9.4. If the User contracts with companies present on the Site, or with commercial partners whom they have approached by means of the Service, MIXDATA assumes no obligation or liability concerning the delivery of the products and services offered by its commercial partners.

10MISCELLANEOUS PROVISIONS

10.1. If any provision of these Terms of use were declared null or inapplicable pursuant to a law, a regulation or as a result of a court decision that has become final, it would be deemed unwritten and the other provisions would remain in force.

10.2. The contractual relationships between MIXDATA, the Subscriber and the Authorised Persons are governed by the joint application of these Terms of use and the Terms of Sale.

10.3. In the event of a conflict between one or more provisions of the Terms of use and one or more provisions of the Terms of Sale, the provisions of the Terms of Sale shall prevail.

11GOVERNING LAW AND JURISDICTION

11.1. These Terms of use are subject in all respects to French law.

11.2. Any, of the performance and/or termination of these Terms of use. Failing that, any dispute shall be submitted to the exclusive jurisdiction of the competent courts of the Commercial Court of Nanterre, even in the event of a third-party or warranty claim or of multiple defendants.