Preamble

Alerti SARL, a French société à résponsabilté limitée with its principal place of business located at 7/9 rue Pelée, 75011 Paris, France and registered with the Registry of Commerce and Companies (i.e. the Registre du Commerce et des Sociétés) of Paris under the number 501 993 778, (“Alerti”) is the owner of the website located at the domain name www.alerti.com (the “Alerti Site”), which allows its members (the “Members”) to oversee and manage their digital identity.

Please carefully read these terms and conditions of use (these “Terms and Conditions of Use”). If you refuse to be subject to these Terms and Conditions of Use, you must leave the Alerti Site. If you wish to become a Member, and/or use the Alerti Site, you must read these Terms and Conditions of Use and accept them during your subscription process.

1. Accepting these Terms and Conditions of Use

You accept these Terms and Conditions of Use by using the Alerti Site or any Alerti Service.

By using the Alerti Site, you agree to comply with these Terms and Conditions of Use.

You also accept and agree to comply with the Twitter Terms of Service, usually at https://twitter.com/tos, and the Youtube Terms of Service, usually at https://youtube.com/t/terms

These Terms and Conditions of Use contain the entire understanding between the parties with respect to the use of the Alerti Site and supersedes all prior communications and understandings with respect thereto. These Terms and Conditions of Use shall remain in effect, even in the event if you subscribe to an Alerti Service, unless otherwise provided for in the Terms and Conditions of Sale.

2. Definitions

In addition to the definitions contained throughout these Terms and Conditions of Use, the following terms shall be defined as follows:

Alert : shall mean the automatic monitoring by the Alerti Site of the Content posted on the Internet by Editors related to one or more Key Words.

Content: shall mean text, acticles, posts, videos, images, as well as any content posted on the Internet by Editors, indexed by the Alerti Site by the number of Alert results.

Key Words: shall mean the terms needed for an Alert selected by a Member.

3. Purpose

These Terms and Conditions of Use set forth the conditions upon which you accept to use the Alerti Site and, as the case maybe and subject to the Terms and Conditions of Sale, the Alerti Services.

4. Modification of these Terms and Conditions of Use

Alerti may modify these Terms and Conditions of Use from time to time. Such modifications shall be effective immediately upon the posting of the modifications on the Alerti Site. Your continued use of the Alerti Site after Alerti publishes the new version of these Terms and Conditions of Use on the Alerti Site acknowledges your acceptance to such new version. Therefore, it is important that you regularly read these Terms and Conditions of Use to ensure that you are aware of any modifications that might have been made to these Terms and Conditions of Use.

5. Eligibility

Use of the Alerti Site and subscription as a Member (the “Subscription”) shall be considered null and void upon any breach by you of these Terms and Conditions of Use. By using the Alerti Site, you acknowledge and represent and warrant that your use of the Alerti Site does not contravene any law or regulation in effect.

6 . Identification

At the time you subscribe to become a Member, we will ask you to select an ID, which includes a Login and a password (collectively, “ID”). You, and you alone, are responsible for maintaining your ID confidential. You shall not, at any time, use the account, user name or ID of another Member and shall not provide your ID to any third party. You shall immediately notify Alerti upon an unauthorized use of your account or access to your ID, and upon any suspicion of the same. You, and you alone, are responsible for the use of your account.

7. Alerti Site

The Alerti Site allows Members, to set-up Alerts through the use of Key Words.

For each Alert, the Alerti Site allows a Member to access Content that has not been ranked by Alerti, subject to the Editor’s terms and conditions of access or archiving.

Alerti is neither the edititor nor moderator of the Content.

Alerti provides Members access to software tools, in particular to:

• delete non-pertinent Content;
• rank Content using a basic scale (positive, negative, neutral);
• “tag” Content;
• insert comments within the Content;
• share Content with other Members;
• send Content to other Members.

Members can access statistics related to Content on which the above actions were taken (“Used Content”).

Members have the ability to assign one or more tasks to other Members regarding each Content and to track the tasks.

Used Content and statistics thereon is saved for thirty (30) days.

8. Alerti’s liability regarding access to the Site

Alerti shall only be liable for providing access to the Alerti Site.

Alerti shall not be liable for any error, omission, interruption, suppression, defects, delay in operations or transmissions, theft or destruction or unauthorized access, or of any modification to the Member’s communication.

Alerti has the right to temporarily suspend access to its services for technical reasons or for maintenance and shall not be liable for such suspension or pay any indemnification for such suspension. Alerti will use its best efforts to limit these types of suspensions.

Alerti shall use its best efforts to ensure that data exchanged during your use of the Alerti Site is secure and maintained confidential.

9. Alerti’s Property Rights to the content of the Alerti Site – Limited Use License

The content of the Alerti Site, including but not limited to graphics, logos, drawings, text, icons, script, applications, software, functionality as well as their selection and combination, but excluding Content, (collectively “Site Content”) is the exclusive property of Alerti or of its licensors. Any reproduction, imitation or fixing, whether in whole or in part of any trademarks, drawings and models owned by Alerti is strictly prohibited without the prior written approval of Alerti.

Site Content shall not be in any way or by any means be, whether in whole or in part, modified, copied, distributed, framed, reproduced, downloaded, displayed, posted, transmitted or sold without the prior written consent of Alerti.

You are authorized to use the Alerti Site and the Site Content in accordance with these Terms and Conditions of Use. Any use of the Alerti Site or the Site Content not in accordance with these Terms and Conditions of Use, or in violations of applicable law or a third party’s rights is strictly prohibited and shall result in the automatic termination of the right to use the Alerti Site. Notwithstanding anything in these Terms and Conditions to the contrary, Alerti may, at any time, with or without reason, and without notice, terminate your right to use the Alerti Site.

10. Good Conduct of the User

You agree to not use the Alerti Site or the Alerti Services:

• To offer products or services in violation of any law or regulation in effect,
• To export or collect, by any electronic or other means, email addresses or other information of other users of the Alerti Service or of the Alerti Site for the purpose of sending emails or other unsolicited correspondence,
• Illegally or in a way that risks damaging, deactivating, or overloading the Alerti Site,
• To collect information from or interact with the Alerti Service or the Alerti Site by means of automatic script,
• To distribute, publish, or save on the Alerti Site illegal content (racist, anti-Semitic, discriminatory, pedophilic, incites violence, incites racial or ethnic hatred, malicious, sectarian, vulgar, obscene, fraudulent, prejudicial, illegal, abusive, defamatory, violates privacy rights or rights to publicity, or otherwise is reprehensible) (collectively, “Illicit Content”),
• To distribute anything containing a computer virus or any code, file or software program intended to interrupt, destroy or limit the functionality of software, computer equipment or telecommunication equipment.

11. Liability for Content

The Alerts provide hyper-links to the Content published by third-party Editors. Therefore, Alerti does not guaranty the accuracy, the pertinence or completeness of the Content and shall not be liable for any part of the Content.

12. Claims or complaints relating to infringements on intellectual property rights and violation of human rights

In the event that we receive notification that something published on the Alerti Site might infringe on intellectual property rights (including but not limited to copyrights, drawings, models, trademarks) or violate human rights (including but not limited to the right to publicity and privacy rights) or be Illicit Content, we will promptly delete or deactivate access to the items at issue. If you notice that Content infringes on intellectual property rights or violates human rights, you can send a written notice by email to alerti[at]alerti[dot]com containing the following information: (a) identify the Content at issue, (b) information directing us to where on the Alerti Site the Content is located, © your contact information (first and last names, or the name of the company on whose behalf you are writing, address, phone number and email address), (d) if applicable, an attestation that you are the owner of the intellectual property rights or are authorized to act on behalf of the owner (provided, however, that no specific power is necessary when reporting Illicit Content).

13. Terms and Conditions of Sale

See the Terms and Conditions of Sale to know the terms and conditions applicable to the Alerti Service. Upon each subscription to an Alerti Service, you accept with reservations the Terms and Conditions of Sale. The Terms and Conditions of Sale may be modified from time to time at the sole discretion of Alerti. You should therefore review the Terms and Conditions of Sale before each subscription to an Alerti Service.

14. Confidentiality

We respect the privacy rights of our users. Alerti shall maintain all information, regardless of type, that is transmitted to Alerti by the Client or that Alerti gains knowledge of while performing the Alerti Services confidential. This confidentiality obligation shall survive the term of these Terms and Conditions and shall survive indefinitely.

Notwithstanding the forgoing, Alerti shall have no confidentiality obligation regarding the Content.

15. Liability Limitation

IN NO EVENT SHALL ALERTI OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING LOSS OF PROFITS OR OF DATA RESULTING FROM USE OF THE ALERTI SITE OR ALERTI SERVICES, FOR SITE CONTENT OR FOR OTHER ELEMENTS ACCESSIBLE OR WHICH CAN BE DOWNLOADED FROM THE ALERTI SITE EVEN IF ALERTI HAS KNOWLEDGE OF OR HAS BEEN NOTIFIED OF SUCH POTENTIAL DAMAGES.

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THESE TERMS AND CONDITIONS OF USE, ALERTI’S LIABILITY, WHATEVER THE BASIS OR THE FORM OF THE LEGAL ACTION, IS IN ALL INSTANCES LIMITED TO THE AMOUNT YOU HAVE PAID ALERTI FOR USE OF THE ALERTI SERVICE.

16. Term and Termination

These Terms and Conditions of Use, as may be amended from time to time by Alerti, shall remain in full force and effect during your use of the Alerti Site and/or Alerti Services.

Alerti may terminate your membership at any time, with or without notice, at its sole discretion.

17. Applicable Law and Jurisdiction

Unless otherwise required by law – and which shall only be applied strictly for its intended purpose, it is expressly agreed that (i) French law shall be the law applicable to these Terms and Conditions of Use and (ii) any litigation between you and Alerti related to the use of the Alerti Site or of the Alerti Services shall be submitted to the jurisdiction of a competent court in Paris, France.

I. Introduction

This Confidentiality Policy forms an integral part of the General Conditions of Use accessible here" and the General Conditions of Sale accessible here (hereafter together the “GC”), and the definitions used in the GC are reused in this Confidentiality Policy.

The purpose of this Confidentiality Policy is to inform Users and Data Subjects on how their Personal Data are collected by the Alerti Website, how they are processed by the Controller and lastly the Users’ rights with respect to this Processing as defined below.

I. Definitions

The terms below will have the following definition whether they are used in the singular or plural in this Confidentiality Policy :

• Alert(s) : has the meaning given in the General Conditions of Use accessible here.
• Alerti : has the meaning given in the General Conditions of Use accessible here.
• Intermediate Archiving : Means the removal of Personal Data which still has an administrative interest for the Controller (e.g. for litigation and/or a legal obligation) to a separate database which is separated logically or physically, and to which access is restricted. This archiving is an intermediate stage before the effacement of the Personal Data or their anonymization.
• Confidentiality Policy: Means this policy for the confidentiality and protection of the User’s Personal Data implemented by the Controller which forms an integral part of the GC.
• GC : Means together the General Conditions of Use accessible here and the General Conditions of Sale accessible here.
• Content : Has the meaning given in the General Conditions of Use accessible here
• Personal Data : Means the Personal Data as defined in the Legislation on Personal Data, which is collected and processed by the User within the scope of the creation, the management of his or her Personal profile and the use of the Services by the User.
• Specific rights : Means the rights granted to the Data Subject by the Legislation on Personal Data and notably the following rights:
  - Access (article 39 of the Act n°78-17 of January 6 1978),
  - Rectification (article 40 of the Act n°78-17 of January 6 1978),
  - Deletion (article 40 of the Act n°78-17 of January 6 1978),
  - Restrictions on Processing (article 40 of the Act n°78-17 of January 6 1978),
  - Portability (article 39 of the Act n°78-17 of January 6 1978),
  - Opposition (article 38 of the Act n°78-17 of January 6 1978),
  - Post-mortem directives (article 40-1 of the Act n°78-17 of January 6 1978).
• Identifiers : Has the meaning given in the General Conditions of Use accessible here.
• Keywords : Has the meaning given in the General Conditions of Use accessible here.
• Data Subject : Means a person whose Personal Data are processed (directly or indirectly) by Alerti and/or by a User.
• Employee(s) : Means any natural capable adult person using the Alerti Website for exclusively business purposes acting in the name and on the behalf of a User.
• Legislation on Personal Data : Means the Act n°78-17 of 6 January 1978 on computing, files and freedoms as amended by the Act n°2018-493 of 20 June 2018 on the protection of Personal Data and the application of the Community Regulation of April 27, 2016 published in the Official Journal of the European Union on May 4, 2016 on the protection of natural persons with regards to the Processing of Personal Data and the free movement of such data (the “GDPR” for General Data Protection Regulation).
• Controller : Has the meaning given in the Legislation on Personal Data.
• Services : Has the meaning given in the General Conditions of Sale accessible here.
• Alerti Website : Has the meaning given in the General Conditions of Use accessible here.
• Terminal(s) : Means the equipment (computer, tablet, Smartphone, telephone etc) used by the User and/or the net surfer to consult or to display the Alerti Website and/or any other digital support published by a third-party.
• Processing : Means, within the meaning of the Legislation on Personal Data, any operation or set of operations whether performed using automated processes or not, and applied to the Personal Data such as the collection, recording, organisation, structuring, conservation, adaptation or modification, extraction, consultation, use, and communication by transmission, broadcasting or any other form of making available, reconciliation or interconnection, limitation, deletion or destruction.
• Users : Means indistinctly, the Clients and/or the Members within the meaning of the GC in their name and/or as far as is required on the behalf of their Employees.

I. The User's guarantees

A. Identifiers

The User will, at the end of the process for creating the User’s account, possess the Identifiers which the User must keep in accordance with the instructions in the General Conditions of Use.

The User undertakes to keep these Identifiers strictly confidential and to only use them for a strictly personal use, which covers use by its Employees for whom it stands as guarantor for.

Any access to the Alerti Website using the User’s Identifiers is automatically deemed to have been performed by the User under the User’s liability.

In the event of the unauthorised use or the suspicion of the unauthorised use of the User’s account (especially in the event of loss, theft or any fraudulent action with respect to the Identifiers), the User must, in addition to informing Alerti of this, prove his or her identity by using any means.

The User is liable for the use of the Identifiers by third parties up until Alerti has been informed.

On receipt of its duly established notification, Alerti will send the User an email enabling it to update its Identifiers which the User will be responsible for keeping strictly confidential.

If Alerti has legitimate reasons for believing that the security of the Alerti Website has been breached and/or that an incorrect use of all or part of the Services is due to an unauthorised use of the Identifiers by one or several Users, Alerti can temporarily suspend access to the account of the User concerned in order to protect the integrity of the Alerti Website and the data and if necessary require the User to modify his/her Identifiers.

B. The purposes of the Processing the Personal Data by the User

The User is exclusively liable for the Personal Data of Employees the User collects from the Alerti Website notably with respect to their activity on the Alerti Website and for the Processing the User performs using the Services.

The User is therefore responsible for ensuring that the Personal Data of the Employees and the Processing which the User performs via the Services are a) processed legally, fairly and transparently with regards to the Data Subject ; b) are collected for specific, explicit and legitimate purposes, and are not subsequently processed in a way which is incompatible with these purposes; c) adequate, relevant and limited to what is necessary with respect to the purposes for which they are processed (data minimisation; d) accurate and if necessary kept up-to-date; e) kept in a form which permits the identification of Data Subject for no longer than is necessary for the purposes for which the Personal Data are processed ; f) processed in a way that ensures appropriate security for the Personal Data.

The User can in particular obtain Alerti’s assistance for Processing requests to exercise Specific Rights sent to it by the Data Subject including by its Employees. It therefore has to send Alerti precise and understandable requests as well as a delivery deadline which cannot be less than ninety-two (92) working hours.

C. The use of Key Words in all or part of the Personal Data

It is, as far as is required, reiterated that Alerti does not control the Content or the Key Words selected by the User or the Content which is generated, and that it must therefore be considered to be a technical intermediary within the meaning of the act n°2004-575 of 21 June 2004 for trust in the digital economy.

The use of the keyword which is totally or partially composed of Personal Data is a Processing of Personal Data for which the User is the Controller.

Therefore, and without prejudice to the provisions of paragraph V below, the User, in his or her capacity as the Controller, guarantees Alerti that this Processing is lawful i.e. that at least one of the following conditions are satisfied :

• The Data Subject has consented to the his or her Personal Data being processed in particular with respect to disclosure or the repetition of information on the Data Subject on the Internet and for a use connected to one of the functionalities of the Alerti Website and the Services ;

• The Processing is required to perform a contract which the Data Subject is a party to or to perform the pre-contractual measures stipulated in the Data Subject’s request;

• The Processing is necessary to respect a statutory obligation which the User is subject to;

• The Processing is necessary for protecting the vital interests of the Data Subject or another physical person;

• The Processing is necessary for performing a mission which is in the public interest or comes under the public authority which is invested in the User;

• The Processing is required in the legitimate interests of the User or a third party unless the Data Subject’s interests or fundamental freedoms and rights requiring the protection of the Personal Data prevail, in particular if the Data Subject is a child.

In any event, the User is prohibited from using a Personal Data as a keyword which i) designates a minor under fifteen (15), unless the child’s parents have consented to this and/or ii) is likely to permit “sensitive” Personal Data within the meaning of the Legislation on Personal Data to be processed.

The User guarantees Alerti that it will inform the Data Subject whose Personal Data are processed within the scope of the Services especially in relation to a keyword, in a timely manner and in the forms required by the Legislation on Personal Data.

The User can in particular obtain Alerti’s assistance to process requests for exercising Specific Rights which are sent to it by the Data Subject whose Personal Data are used as Key Words. The User will then have to send Alerti a precise and comprehensible request as well as a delivery deadline which cannot be less than ninety-two (92) working hours.

The consequences for the User if a Data Subject makes a request to Alerti to exercise Specific Rights are detailed in paragraph VII below.

As far as is required, the User is reminded that the Alerti Website offers a functionality which enables it to exclude one or several Key Words from the Content and that it is must use this, if it is the sole recipient of a request to exercise a right of opposition from a Data Subject and for informing the said Data Subject of this as a consequence.

D. The use of Content which is totally or partially composed of Personal Data

Alerti conserves the Content in accordance with paragraph IV, C. below.

The User has access, via the Alerti website, to Content which is generated by the Services exclusively because of the User’s instructions, without Alerti’s control and which are conserved for the sole purpose stipulated by the User, which can extract them. The User is therefore solely liable in his/her capacity as the Controller, for his/her use of the Content. The User must therefore process this Content, including, if necessary, Personal Data, in accordance with the Legislation on Personal Data and this Confidentiality Policy.

II. The Processing of the User's Personal Data by Alerti

A. The legal grounds for the Processing by Alerti

In accordance with the Legislation on Personal Data, the Processing which is covered by this Confidentiality Policy has a specific legal basis.

1. The Processing necessary for performing your contractual dealings with Alerti

The User must accept these GC before he/she can use the Alerti Website.

These documents formalise a contractual relationship between the User and Alerti which serves as the legal basis for Alerti at the very least, collecting and Processing the Personal Data of its Employees.

These Personal Data are required to perform a certain number of Processings connected to the performance of the contractual relationship with the User, the purposes of which are detailed in paragraph IV, B. of this Confidentiality Policy.

2. The Processing required for a legal obligation which Alerti is subject to

The Processing by Alerti may also be required under a legal obligation, such as the decree n°2011-219 February 5, 2011 concerning the conservation and disclosure of data enabling any person who contributed to the creation of online Content to be identified.

B. The purposes of Processing the User’s Personal Data by Alerti

The User’s Personal Data are necessary for Alerti to enable the User to access the Alerti Website and the Services and to use and improve them and to permit Alerti :

• To perform the operations relating to its commercial dealings with the User, i.e. concerning invoicing, accounting, following-up of the “customer relationship” with a User, such as satisfaction surveys, managing complaints, the use of the Alerti website etc.

• Selecting Users to perform studies, surveys and product tests as well as loyalty, prospection and promotion actions

• Personalise its communication for Users notably using information emails, according to their use of the Alerti Website.

• Perform inspection operations i.e. the management of technical inspection operations (notably includes technical operations such as normalisation, enrichment and de-duplication).

• Promotional commercial actions.

• Compiling commercial statistics; marketing analysis and tools (notably classification, scoring, score, etc.).

• The organisation of competitions, lotteries and any promotional action to the exclusion of gambling and gaming which requires the approval of the Online Gaming Regulation Authority.

• Management of requests to exercise rights designated in paragraph VIII below.

• The management of unpaids and litigation.

• The management of the Users’ comments on the Alerti Website and/or on the Internet pages published by the Controllers, such as social media pages.

• The fight against fraud.
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C. The collection of the User’s Personal Data on the Alerti Website

Alerti collects, when the account is created and then as it is completed, the following Personal Data which the User either enters or communicates when browsing and which are conserved on an active base, throughout the period of the User’s Subscription to the Services from the User’s last connection to the Alerti website and for a period of three (3) years:

• Email address
• Surname, first name, telephone
• Postal address
• Company name
• Identifier used on the Alerti website
• the connection data (date, time, IP address, pages consulted) for the User whilst browsing on the Alerti website.
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The above Personal Data also are kept in Intermediate Archiving for an additional period of two (2) years in accordance with the prescription period.

• Invoices for the Subscriptions taken out by the User
• the amount of the transactions performed as well as the date and time of these transactions.
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The above Personal Data are also are conserved in Intermediate Archiving for an additional period which can be up to ten (10) years in accordance with the Controller’s tax and accounting obligations.

Only the Personal Data which is designated on the Alerti website as compulsory are essential for using the Alerti website and the Services.

D. Recipients or categories of recipients of the User’s Personal Data

Amazon
- Country : USA
- Nature of data transferred : Surname, first name, email address, address, telephone
- Purpose of the planned transfer : Hosting the database
- Level of protection offered by the country or exception stipulated by the Legislation on Personal Data : European Commission’s Standard Contractual Clauses

Mailgun
- Country : USA
- Nature of data transferred : email address
- Purpose of the planned transfer : Sending alerts
- Level of protection offered by the country or exception stipulated by the Legislation on Personal Data : European Commission’s Standard Contractual Clauses

Intercom
- Country : USA
- Nature of data transferred : Surname, first name, email address
- Purpose of the planned transfer : Analysis of the functionalities used to improve the Service and personalise communication
- Level of protection offered by the country or exception stipulated by the Legislation on Personal Data : European Commission’s Standard Contractual Clauses

Zendesk
- Country : USA
- Nature of data transferred : Surname, first name, email address
- Purpose of the planned transfer : Support and chat Service with Users
- Level of protection offered by the country or exception stipulated by the Legislation on Personal Data : European Commission’s Standard Contractual Clauses
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E. Security of Internet transactions

In accordance with the General Conditions of Sale, the Alerti website uses the technology of the PayPal and the CIC (Crédit Industriel et Commercial) companies in order to guarantee the security of banking transactions by User.

Thus when a payment is made on the Alerti website, the User’s bank account details are transmitted in an encrypted form to CIC and PayPal, and unknown to Alerti.

Alerti does not collect either the complete number of the User’s bank card or its cryptogram.

If the User wishes to exercise the rights identified in paragraph VII above such as Specific Rights relating to the details of the bank card and the transaction performed, the User should contact PayPal and CIC directly. Alerti can provide the User with their contact details and the methods of contacting them.

F. The security of the User’s password

Alerti takes full precautions to ensure that the User’s password and, if necessary, the password of its Employees is stored securely.

However the security of this password also depends on its composition.

The User is therefore reminded that in order for the User’s password to be valid it must be composed of a minimum of eight (8) characters.

Mnemomic techniques exist to create complex passwords such as :

• Only conserving the first letters of a phrase ; for example the phrase "A password is remembered ! " corresponds to the password 1mdp@sr!
• By adding a capital letter if the word is a name (e.g. : word)
• by using punctuation signs (e.g. : !)
• By expressing numbers using figures 0 to 9 (ex : One →1)

III. Processing the Personal Data of the Data Subject generated in the Content by Alerti

The Users can generate Content using Key Words selected by them.

Alerti must therefore be considered to be a technical intermediary with the meaning of the Act n° 2004-575 of June 21, 2004 for trust in the digital economy, and is therefore unable to control the Key Words selected by the User or the Content generated.

Alerti will therefore intervene in its function of managing the Content in the User’s name and on its behalf as the processer of the Personal Data within the meaning of the Legislation on Personal Data.

The Personal Data of the Data Subjecting the Content were not collected from the said Data Subject but from third-party publishers which makes them freely accessible on the Internet.

However it may be clearly impossible to supply information (within the meaning of the Legislation on Personal Data) to the said Data Subject and therefore obtain their consent and/or would require disproportionate efforts.

Alerti therefore provides the User with measures which the User considers are appropriate in order to protect the rights and freedoms and the legitimate interests of the Data Subjecting particular by i) making this Confidentiality Policy accessible to everyone i) implementing technical means to exclude certain results from the Content generated.

The Data Subject can also approach Alerti in order to perform his or her Specific Rights under the terms and conditions of paragraphs VII and VIII below case you were.

IV. The storage of the Personal Data of the Data Subject

The Alerti website is hosted by Amazon whose contact details are available by clicking here https://aws.amazon.com/fr/lega...
https://aws.amazon.com/fr/privacy.

All precautions have been taken to store the User’s Personal Data in a secure environment and to prevent them from being deformed, damaged or an unauthorised third party having access to them. The Information transmitted by the User will never be transmitted to third parties for a commercial purpose or sold or exchanged.

The Content which is liable to contain Personal Data is reserved for exclusively for Users who generated them using the Key Words they selected.

V. The Specific Rights of the Data Subjects

In accordance with the Legislation on Personal Data the Data Subject have the following Specific Rights :

• Access (article 39 of the Act n°78-17 of January 6 1978),
• Rectification (article 40 of the Act n°78-17 of January 6 1978),
• Deletion (article 40 of the Act n°78-17 of January 6 1978),
• Restriction on Processing (article 40 of the Act n°78-17 of January 6 1978),
• Portability (article 39 of the Act n°78-17 of January 6 1978),
• Opposition (article 38 of the Act n°78-17 of January 6 1978),
• Directives post-mortem (article 40-1 of the Act n°78-17 of January 6 1978).

The User, like Alerti, undertakes to cooperate fully in order to enable the Data Subject to exercise their Specific Rights.

A. Access Rights

The Data Subjects can obtain confirmation from Alerti that the Personal Data concerning them is or is not the subject of Processing, and that when they are, the access to the said Personal Data and the following information :

• The purposes of the Processing ;
  the categories of the Personal Data ;
  the recipients or categories of recipients to whom the Personal Data has been or will be communicated
• when this is possible the period of conservation for the Personal Data envisioned; when this is not possible the criteria used to calculate this duration
• the existence of the right to ask Alerti to rectify or erase the Personal Data or a limitation on Processing their Personal Data or the right to oppose this Processing;
  the right to make a claim to the French Data Protection Authority (CNIL)
• if the Personal Data is not collected from the Data Subjects, any information available concerning their source
• the existence of automated individual decision making, including profiling and in the same cases, information on the underlying logic and the significance and the anticipated consequences of this Processing for the Data Subjects.

If the Personal Data are transferred to a third-party country or to an international organisation, the Data Subject are entitled to be informed of appropriate guarantees regarding this transfer.

Alerti supplies a copy of the Personal Data which is the subject of Processing.

Alerti can require the payment of its reasonable costs based on administrative costs for any additional copy demanded by the data subject.

If the Data Subject makes his or her request by email the information is supplied in a common electronic format unless the Data Subject requests otherwise.

The right to obtain a copy of the Personal Data must not infringe third-party rights and freedoms.

B. Rectification rights

The Data Subject is entitled to have an incorrect Personal Data on him or her corrected by Alerti as quickly as possible. The Data Subject is also entitled to demand that incomplete Personal Data is completed including by providing a supplementary declaration.

C. Rights to erase

The Data Subject shall have the right to obtain from the Controller the erasure of Personal Data concerning him or her without undue delay for one of the following reasons:

• The Personal Data is no longer necessary in relation to purposes for which they were collected or otherwise processed by Alerti;
  the Data Subject withdraws the consent on which the Processing of his or her Personal Data is based and there is no other legal ground for the Processing
• the Data Subject objects to the Processing under the conditions stipulated above and there is no overriding legitimate grounds for the Processing
• the Personal Data have been unlawfully processed
• the Personal Data must be erased to comply with a legal obligation
• the Personal Data have been collected from a child.
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D. Right to restrict Processing

The Data Subject shall have the right to obtain that Alerti restricts the Processing of his or her Personal Data were one of the following applies :

• Alerti checks the accuracy of the Personal Data following a contestation by the Data Subject of the accuracy of his or her Personal Data

• The Processing is unlawful and the Data Subject opposes the erasure of the Personal Data and requests the restriction of their use instead

• Alerti no longer needs the Personal Data for the purposes of the Processing but they are required by the Data Subject for the establishment, exercise or defence of legal claims

• The Data Subject has opposed the Processing under the terms stipulated above and Alerti verifies whether it’s legitimate rights take precedence over the rights alleged by the data subject.
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E. The rights to the portability of the User’s Personal Data

The User is entitled to receive the Personal Data concerning him or her from Alerti in a structured commonly used and machine-readable format when :

• The Data Processing is based on consent or on a contract and
• the Processing is carried out by automated means

When the User exercises his or her right to data portability the User is entitled to have the Personal Data transmitted directly from Alerti to a Controller designated by the Data Subject when this is technically feasible.

The right to the portability of the Personal Data must not infringe third-party rights or freedoms.

F. The right to oppose

The Data Subject shall have the right to object, on grounds relating to his or her particular situation, at any time to Processing of Personal Data concerning him or her based on the User’s legitimate interest. Alerti shall no longer process the Personal Data unless the User demonstrates compelling legitimate grounds for the Processing which override the interests, rights and freedoms of the data subject, Alerti and/or the User can conserve this Personal Data for the establishment, exercise or defence of legal claims.
The User is informed that Alerti is entitled to filter using automated scripts all the Content of the Personal Data which the Data Subject have exercised their right to opposition over with Alerti.
The User can contact Alerti at any time in order to reintegrate the Personal Data of a Data Subject into the Content providing in validly complete and fully justifies this.
Alerti will contact the Data Subject beforehand to obtain consent his or her Content.

G. Post-mortem instructions

The Data Subject is able to give instructions relating to the conservation, erasure and communication of its Personal Data after his or her death and these instructions can also be recorded with a “certified trusted digital third party”. These instructions or “digital will” can designate a person who is responsible for performing them. In default, the Data Subject’s heirs will be designated.

If there are no instructions, these heirs can contact Alerti in order to :

• Access the Processing of the Personal Data permitting “the organisation and settlement of the deceased’s estate”
• obtain disclosure of the "digital property " or the “data comparable with family memories transmissible to the heirs”
• close the account of the Data Subject on the Alerti website and oppose the Processing of the Personal Data of the Data Subject.

In any event the Data Subject can inform Alerti at any time that he or she does not wish his or her Personal Data to be disclosed to a third party in the event of his or her death.

VI. Terms and conditions for exercising the Specific Rights of the Data Subjects

In order to exercise his or her Specific Rights with Alerti in order to if, necessary, obtain the oral reading of this Confidentiality Policy the Data Subject can and address his or her request :

• By email by sending his or her request to the data protection officer for Alerti’s data : privacy[at]Alerti[dot]com

• By letter post to the following address : Alerti – 7, Rue Pelée – 75011 Paris

• By the Employee visiting Alerti Website, under the heading https://fr.Alerti.com/account/edit.
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The Data Subject must be able to prove his or her identity in order assert his or her Specific Rights, by mentioning his surname, first name, email address, and by accompanying the request with a copy of his or her identity card, unless the Data Subject makes the request on Alerti Website in his or her capacity as an Employee.

The reply will be sent to the Data Subject within a maximum period of one (1) month following the date of the receipt of his or her order.

If necessary, this time limit can be extended by two (2) months by Alerti, which will inform the Data Subject of this given the complexity and/or the number of requests.

If the Data Subject makes a request to delete the Personal Data and/or the Data Subject exercises its right to request the erasure of the Personal Data, Alerti can however conserve the Personal Data in Intermediate Archiving form for the period necessary for satisfying its legal, accounting and tax obligations.

The Data Subject can make a complaint to the competent supervisory body at any time (in France, the CNIL : www.cnil.fr)

If the Data Subject wishes to send his or her request to the User they are asked to contact the User directly and in particular to consult his or her specific Confidentiality Policy.

VII. The cookies which are stored on the User's Terminal after browsing on the Alerti Website

A. General points

Alerti Website uses cookies.

A cookie is data which is stored on the Terminal which the User uses to access Alerti Website.

Cookies relate to the User’s browsing on the Alerti Website and record the pages the User visited and the date and time they were visited.

These cookies never enable Alerti to personally identify the User.

These cookies are stored on the User’s Terminal for a maximum of thirteen (13) months.

More specifically, the Personal Data collected from the cookies used by Alerti or third parties enables :

• Statistics and the volume of traffic and the use of Alerti Website to be established in order to improve its attractiveness and ergonomics

• Adapt the presentation of Alerti Website to the display preferences of the User’s Terminal (language used, display resolution, operating system used, etc.)

• To memorise the information relating to a form completed by the User Alerti Website (registration or access to the account)

• To enable the User to access his or her account using his or her pre-recorded Identifiers

• To implement security measures for example if the User has requested to reconnect to Alerti Website after a certain lapse of time.
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Alerti uses cookies to collect and process all or some of the following Personal Data for the above purposes :

• Information connected with the Terminal of the User and/or the net surfer
• The User’s type of Terminal (Smartphone, tablet, computer, etc.)
• that User’s operating system on the User’s Terminal (Mac Os, iOS, Android, Windows, BlackBerry etc.)
• the categories of plug-ins and versions on his or her Terminal
• the User’s Internet Services provider (Orange, SFR, Bouygues, Free, etc.)
• the browser used by the User (Safari, Chrome, Internet explorer, etc.)
• the IP address of the User’s Terminal
• the geolocation data of the User’s Terminal
• that User’s language preferences
• the information on the User’s browsing and the User’s behaviour on Alerti Website :
  the statistics on the consultation of the different pages of Alerti Website
• the complete URL routing towards, via and from Alerti Website.
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B. Alerti’s Cookies

Alerti (credentials )
- role : distinction les Utilisateurs loggés
- Durarion : session ou 3 mois (se souvenir de moi)

Alerti (login )
- role : Used to distinguish multiple sessions by the same User
- Durarion : Length of the session or 3 months if “remember me” has been ticked "

Alerti (sessions )
- role : Used to differentiate browsing sessions
- Durarion : Duration of the session
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C. Third party cookies

Google analytics
- role : Differentiate Users and sessions
- duration : 13 months
- Privacy Policy : https://policies.google.com/pr...

Google analytics
- role : Identify new sessions
- duration : 30 min
- Privacy Policy : https://policies.google.com/pr...

Google analytics
- role : Backup new sources of traffic
- duration : 6 months
- Privacy Policy : https://policies.google.com/pr...

Cloudflare
- role : dentify the single Clients behind a shared IP and apply security parameters per Client
- duration : 12 months
- Privacy policy : https://www.cloudflare.com/pri...

Zopim
- role : Backup the Zopim channel ID across devices
- duration : 12 months
- Privacy policy : https://www.zendesk.com/compan...

Intercom
- role : Analyser use of the service and its features
- durée : 12 months
- Privacy policy : https://www.intercom.com/fr/te...

Intercom
- role : analyse use of the service and its features
- duration : 7 days
- Privacy policy : https://www.intercom.com/fr/te...

New relic (nreum)
- role : Analyse page loading time, the start of the Client session, condition of the site
- duration : session
- Privacy policy : https://newrelic.com/termsandc...

New relic (nragnt)
- role : Analyse page loading time, the start of the Client session, condition of the site
- duration : session
- Privacy policy : https://newrelic.com/termsandc....

D. Objection to cookies

The net surfer and/or the User are informed during their first visit, that they can object to the storage of cookies which are incidental to operating operational Alerti Website by configuring their web browser to do this and or by making their choices on this page (see below).

Information is liable to be recorded or read in the User’s Terminal, subject to the choices made by the User, when the netsurfer and/or User browses on the Alerti Website.

You can find more help on the dedicated pages in your browser (the most common browsers are listed below) :

• Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
• Google Chrome : http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
• Safari : https://support.apple.com/kb/PH19214?locale=fr_FR&viewlocale=fr_FR
• Firefox : http://support.mozilla.org/fr/kb/Activer%20et%20désactiver%20les%20cookies
• Opéra : http://help.opera.com/Windows/10.20/fr/cookies.html
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The User can also parameterise his or her browser so that it sends a code indicating the websites which he/she does not want to be tracked by (“Do No Track”) : :

• Internet Explorer™: http://windows.microsoft.com/fr-fr/internet-explorer/use-tracking-protection#ie=ie-11
• Safari™: http://support.apple.com/kb/PH11952
• Chrome™ : https://support.google.com/chrome/answer/114836
• Firefox™: https://support.mozilla.org/fr/kb/comment-activer-option-ne-pas-pister
• Opera™ : http://help.opera.com/Windows/12.10/fr/notrack.html

VIII. Privacy practices of third parties

Please note that our Services use the YouTube API. YouTube’s developer terms require us to notify you that our Services use YouTube API Services (i.e. data from YouTube) and to link to the YouTube privacy statement http://www.google.com/policies/privacy