General Terms and Conditions of Use of Aitenders Software

Effective as of 15 May 2020

These general terms and conditions of use (“GTCU”) are applicable to all use of and access to the Software. 

The Preamble is an integral part of these GTCU.

Preamble

The use of the Software free of charge (Trial Account) or paying (paid subscription to the Software) is subject to compliance with these GTCU. The User hereby confirms to have read, understood, and accepted these GTCU. 

The use of the Software also implies acceptance of the General Terms and Conditions of Sale (GTCS), at the time of Subscription, by the Account Creator, an Administrator, or a Decision-maker. These General Terms and Conditions of Sale shall prevail over these GTCU.

Aitenders reserves the right, at any time, to adapt, or modify the present GTCU, by notifying any new version to the User who undertakes to take note of these modifications.

Article 1 — Access to the Software

  • General 

Aitenders only allows access to the Software to the persons specifically authorized by Aitenders and the Users.

Aitenders undertakes to use all means to provide the User with reliable and efficient access to the Software. Access to the Support Team is available under the terms of the subscription (paid Account).

The User acknowledges that the Software constitutes a particularly complex platform, particularly in terms of computer technology. The User therefore undertakes to bear the risks of inadequacy or unavailability of the Software.

To use and improve the Software, Aitenders may recommend technical requirements or certain configurations. The User is responsible for following these technical requirements or recommendations, and for ensuring that their equipment is compatible with the Software.

The User is solely responsible for their connection to the Internet and all related costs. The User declares that he/she understands that Aitenders cannot be held responsible in the event of an interruption of the Internet connection, for viruses affecting their data and/or software, the possible misuse of Account passwords and, more generally, any damage caused by third parties.

  • Trial Account

Aitenders offers to create a free account for a Third Party wishing to evaluate the Software.

The Trial Account is made available for a period of one month, thirty days (30) from the date of access, or on case to case basis for a number of tenders and contracts, and in the following conditions:

  • It is possible to create only one (1) Trial Account per company ( per Siret , Business Unit), as a non-renewable offer;
  • Aitenders may, at the Third Party’s request, and without being obliged to, grant them the benefit of an additional days period;
  • The User authorized to use a Trial Account acknowledges that they will access the Software for the sole purpose of testing the features before a paid Subscription, if any. In this respect, the User is prohibited from using their Trial Account for any other purpose, such as performing any processing or services for any third party.
  • Aitenders shall not be held liable for the use of the Software on a Trial basis, without warranty of any kind, in the event of malfunctions or temporary interruption, during the entire Trial period.
  • Aitenders reserves the right to delete without notice any Trial Account that does not comply with the foregoing provisions, or any provision of the GTCU.

 

In the event that the Trial period is not followed by the subscription of a paid Account, Aitenders will delete the Trial Account and data associated, within twelve (12) months of its termination.

Article 2 — Use of the Software

The User is solely responsible for the use and implementation of means to ensure the security, protection and backup of their equipment, their Content and software. 

The User undertakes not to commit any act which could jeopardize the security of the Software platform and agrees to use the Software in accordance with applicable laws and regulations.

Article 3 — Liability

Aitenders implements the technical measures and means necessary to ensure the security of the connections, the Users’ Content and their Personal Data. 

Aitenders provides the Software on the basis of an obligation of means. Aitenders uses state of the art techniques, but nevertheless, the current state of knowledge, tests and experiments cannot cover all possible uses.

Aitenders does not warrant that the Software shall operate without interruption or malfunction, or is free of any defects or errors that may be corrected, or that it is compatible with hardware or a configuration other than those expressly approved by Aitenders.

The User is responsible for:

  • their access to and use of the Software by all their Users;
  • obtaining and maintaining all necessary equipment to access the Software;
  •  ensuring that such equipment is compatible with the Software.

 

Aitenders reserves the right to temporarily interrupt at any time, any access to the Software:

  • to carry out technical maintenance, updates, or improvements to the Services which shall contribute to their proper functioning or to repair a breakdown. Aitenders shall do its utmost to notify the User of such interruptions;
  • in the event of unavailability of the servers for any reason whatsoever;
  •  in the event of unpaid invoices, breaches of the presents GTCU or GTCS, violations by a third party of the security of the Software and the Content hosted by Aitenders.

 

No temporary interruption of the Services shall give rise, in these circumstances, to any payment of compensation.

Article 4 — Intellectual Property

The Software is the exclusive property of Aitenders. The User is authorized to use the Software in accordance with the License. All rights not expressly granted by the GTCU are reserved.

The Software developed by Aitenders is an original work protected by intellectual property rights and international conventions.

The User warrants that he/she shall not modify, rent, borrow, sell or distribute such works or create derivative works based in whole or in part on them. He/she agrees not to carry out any reverse engineering, except under the legal conditions.

No use of the Aitenders name or trademark may be made without the prior written consent of Aitenders.

The User acknowledges that Aitenders is the sole owner of its intellectual property rights, and in particular the Software, and shall not at any time contest this ownership or the validity of the intellectual property of Aitenders or the rights attached thereto.

The materials available, such as software, databases, tools, platform, web pages, text, photographs, images, icons, sounds, videos and, more generally, all the information available for the User, are the sole and exclusive property of Aitenders.

Article 5 — Termination

In the case of failure by the User to comply with these GTCU, Aitenders reserves the right to terminate their access or delete their account.

Aitenders reserves the right to initiate any legal action it shall deem necessary in order to put an end to the violation of their rights.

Article 6 — Protection of Personal Data

Aitenders collects and processes the data that Users voluntarily provide in order to access and use the Software, as well as User preferences and traffic data, and in accordance with Aitenders Privacy Policy and Aitenders Cookie Policy.

According to this privacy policy, Aitenders processes Users data to manage access and subscriptions to the Software, to improve services and support, to provide sales and marketing offers, products and content as well as the User experience.

In accordance with the Data Protection Regulation, the User may exercise their rights of access, rectification, erasure, data portability, restriction or object to processing, in certains circumstances. The User establishing their identity may exercise these rights directly at contact@Aitenders.com

Article 7 — Applicable Law

The GTCU are governed by French law.

The effective date of the GTCU is Mai 15th, 2020. In the event that a translated version of the GTCU conflicts with the French version, the French version shall prevail.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY LITIGATION WITH RESPECT TO ITS VALIDITY, INTERPRETATION OR PERFORMANCE SHALL BE SUBJECT TO THE EXCLUSIVE AUTHORITY OF THE COURTS HAVING JURISDICTION OVER AITENDERS’S REGISTERED OFFICE, DESPITE MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES.

General Terms and Conditions of Use of Aitenders Software

Effective as of 15 May 2020

These general terms and conditions of use (“GTCU”) are applicable to all use of and access to the Software. 

The Preamble is an integral part of these GTCU.

Preamble

The use of the Software free of charge (Trial Account) or paying (paid subscription to the Software) is subject to compliance with these GTCU. The User hereby confirms to have read, understood, and accepted these GTCU. 

The use of the Software also implies acceptance of the General Terms and Conditions of Sale (GTCS), at the time of Subscription, by the Account Creator, an Administrator, or a Decision-maker. These General Terms and Conditions of Sale shall prevail over these GTCU.

Aitenders reserves the right, at any time, to adapt, or modify the present GTCU, by notifying any new version to the User who undertakes to take note of these modifications.

Article 1 — Access to the Software

  • General 

Aitenders only allows access to the Software to the persons specifically authorized by Aitenders and the Users.

Aitenders undertakes to use all means to provide the User with reliable and efficient access to the Software. Access to the Support Team is available under the terms of the subscription (paid Account).

The User acknowledges that the Software constitutes a particularly complex platform, particularly in terms of computer technology. The User therefore undertakes to bear the risks of inadequacy or unavailability of the Software.

To use and improve the Software, Aitenders may recommend technical requirements or certain configurations. The User is responsible for following these technical requirements or recommendations, and for ensuring that their equipment is compatible with the Software.

The User is solely responsible for their connection to the Internet and all related costs. The User declares that he/she understands that Aitenders cannot be held responsible in the event of an interruption of the Internet connection, for viruses affecting their data and/or software, the possible misuse of Account passwords and, more generally, any damage caused by third parties.

  • Trial Account

Aitenders offers to create a free account for a Third Party wishing to evaluate the Software.

The Trial Account is made available for a period of one month, thirty days (30) from the date of access, or on case to case basis for a number of tenders and contracts, and in the following conditions:

  • It is possible to create only one (1) Trial Account per company ( per Siret , Business Unit), as a non-renewable offer;
  • Aitenders may, at the Third Party’s request, and without being obliged to, grant them the benefit of an additional days period;
  • The User authorized to use a Trial Account acknowledges that they will access the Software for the sole purpose of testing the features before a paid Subscription, if any. In this respect, the User is prohibited from using their Trial Account for any other purpose, such as performing any processing or services for any third party.
  • Aitenders shall not be held liable for the use of the Software on a Trial basis, without warranty of any kind, in the event of malfunctions or temporary interruption, during the entire Trial period.
  • Aitenders reserves the right to delete without notice any Trial Account that does not comply with the foregoing provisions, or any provision of the GTCU.

 

In the event that the Trial period is not followed by the subscription of a paid Account, Aitenders will delete the Trial Account and data associated, within twelve (12) months of its termination.

Article 2 — Use of the Software

The User is solely responsible for the use and implementation of means to ensure the security, protection and backup of their equipment, their Content and software. 

The User undertakes not to commit any act which could jeopardize the security of the Software platform and agrees to use the Software in accordance with applicable laws and regulations.

Article 3 — Liability

Aitenders implements the technical measures and means necessary to ensure the security of the connections, the Users’ Content and their Personal Data. 

Aitenders provides the Software on the basis of an obligation of means. Aitenders uses state of the art techniques, but nevertheless, the current state of knowledge, tests and experiments cannot cover all possible uses.

Aitenders does not warrant that the Software shall operate without interruption or malfunction, or is free of any defects or errors that may be corrected, or that it is compatible with hardware or a configuration other than those expressly approved by Aitenders.

The User is responsible for:

  • their access to and use of the Software by all their Users;
  • obtaining and maintaining all necessary equipment to access the Software;
  •  ensuring that such equipment is compatible with the Software.

 

Aitenders reserves the right to temporarily interrupt at any time, any access to the Software:

  • to carry out technical maintenance, updates, or improvements to the Services which shall contribute to their proper functioning or to repair a breakdown. Aitenders shall do its utmost to notify the User of such interruptions;
  • in the event of unavailability of the servers for any reason whatsoever;
  •  in the event of unpaid invoices, breaches of the presents GTCU or GTCS, violations by a third party of the security of the Software and the Content hosted by Aitenders.

 

No temporary interruption of the Services shall give rise, in these circumstances, to any payment of compensation.

Article 4 — Intellectual Property

The Software is the exclusive property of Aitenders. The User is authorized to use the Software in accordance with the License. All rights not expressly granted by the GTCU are reserved.

The Software developed by Aitenders is an original work protected by intellectual property rights and international conventions.

The User warrants that he/she shall not modify, rent, borrow, sell or distribute such works or create derivative works based in whole or in part on them. He/she agrees not to carry out any reverse engineering, except under the legal conditions.

No use of the Aitenders name or trademark may be made without the prior written consent of Aitenders.

The User acknowledges that Aitenders is the sole owner of its intellectual property rights, and in particular the Software, and shall not at any time contest this ownership or the validity of the intellectual property of Aitenders or the rights attached thereto.

The materials available, such as software, databases, tools, platform, web pages, text, photographs, images, icons, sounds, videos and, more generally, all the information available for the User, are the sole and exclusive property of Aitenders.

Article 5 — Termination

In the case of failure by the User to comply with these GTCU, Aitenders reserves the right to terminate their access or delete their account.

Aitenders reserves the right to initiate any legal action it shall deem necessary in order to put an end to the violation of their rights.

Article 6 — Protection of Personal Data

Aitenders collects and processes the data that Users voluntarily provide in order to access and use the Software, as well as User preferences and traffic data, and in accordance with Aitenders Privacy Policy and Aitenders Cookie Policy.

According to this privacy policy, Aitenders processes Users data to manage access and subscriptions to the Software, to improve services and support, to provide sales and marketing offers, products and content as well as the User experience.

In accordance with the Data Protection Regulation, the User may exercise their rights of access, rectification, erasure, data portability, restriction or object to processing, in certains circumstances. The User establishing their identity may exercise these rights directly at contact@Aitenders.com

Article 7 — Applicable Law

The GTCU are governed by French law.

The effective date of the GTCU is Mai 15th, 2020. In the event that a translated version of the GTCU conflicts with the French version, the French version shall prevail.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY LITIGATION WITH RESPECT TO ITS VALIDITY, INTERPRETATION OR PERFORMANCE SHALL BE SUBJECT TO THE EXCLUSIVE AUTHORITY OF THE COURTS HAVING JURISDICTION OVER AITENDERS’S REGISTERED OFFICE, DESPITE MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES.

Cookies Policy

See Privacy Policy

Vulnerability Reporting Policy

 

At Aitenders, trust is our #1 value and we take the protection of our customers’ data very seriously.

The Aitenders security team acknowledges the valuable role that independent security researchers play in internet security. As a result, we encourage responsible reporting of any vulnerabilities that may be found in our site or applications. Aitenders is committed to working with security researchers to verify and address any potential vulnerabilities that are reported to us.

Please review these terms before you test and/or report a vulnerability. Aitenders pledges not to initiate legal action against researchers for penetrating or attempting to penetrate our systems as long as they adhere to this policy.

 

I. Disclosure

 

Aitenders undertakes not to prosecute the parties submitting vulnerability reports when the declarant(s):

  • Perform security research without harming Aitenders or its customers, employees or contractors
  • Do not use, disclose, or modify any data obtained as part of this research
  • Do not perform any action affecting the smooth operation of the services
  • Do not perform a denial of service attack

Identified vulnerabilities should be the subject of a detailed report, written in English.

The report must present a real proof of vulnerability as well as the steps necessary to reproduce the flaw.

No personal data should appear in the report.

 

The declarant(s) undertake not to publicly disclose the flaw without the express agreement of Aitenders.

 

II. Scope

Any element of the Aitenders application (web interface, API, etc.)

The services present on the domains:

 
 

III. Reporting A Potential Security Vulnerability

Privately share details of the suspected vulnerability with Aitenders by sending an email to security@Aitenders.com

Provide full details of the suspected vulnerability so the Aitenders security team may validate and reproduce the issue

 

IV. Restrictions

Aitenders does not permit the following types of security research:

While we encourage you to discover and report to us any vulnerabilities you find in a responsible manner, the following conduct is expressly prohibited:

  • Performing actions that may negatively affect Aitenders or its users (e.g. Spam, Brute Force, Denial of Service…)
  • Accessing, or attempting to access, data or information that does not belong to you
  • Destroying or corrupting, or attempting to destroy or corrupt, data or information that does not belong to you
  • Conducting any kind of physical or electronic attack on Aitenders personnel, property or data centers
  • Social engineering any Aitenders service desk, employee or contractor
  • Conduct vulnerability testing of participating services using anything other than test accounts
  • Violating any laws or breaching any agreements in order to discover vulnerabilities
 

V. Commitment

The Aitenders security team commitment:

We ask that you do not share or publicize an unresolved vulnerability with/to third parties. If you responsibly submit a vulnerability report, the Aitenders security team and associated development organizations will use reasonable efforts to:

  • Respond in a timely manner, acknowledging receipt of your vulnerability report
  • Provide an estimated time frame for addressing the vulnerability report
  • Notify you when the vulnerability has been fixed
 

We are happy to thank every individual researcher who submits a vulnerability report helping us improve our overall security posture at Aitenders.

Privacy Policy

The purpose of the Aitenders Privacy Policy is to provide all information about the terms under which Aitenders collects and processes the Personal Information of Users.

The Privacy Policy is part of the GTCU and each term defined in the GTCU has the same meaning in the Privacy Policy.

By accessing and using Aitenders, Users undertake to respect and be bound by this Privacy Policy, which can be changed or updated at any time without notice. Any modification will be posted on the Site.

 

I. Nature Of Data Collected By Aitenders

1.1. Aitenders collects and processes data that Users voluntarily provide to access or use Aitenders as well as data concerning the preferences of Users and traffic (such as IP addresses).

The purposes of this Data Processing are to enable Users to create an Account to access Aitenders, to use the Software, to improve services in placing cookies on Users’ devices and sending them commercial offers and marketing.

More precisely, Aitenders processes Users date Data to enable Users to:

  • Consult Aitenders websites
  • Create an Account to access and use the Aitenders Software
  • Register for online demonstrations, events or contests
  • Download our online resources
  • Improve services by placing cookies on users’ devices
  • Send you commercial and marketing offers
 

To open an Account, Users must provide Aitenders with at least the following personal identification information to use the Software:

  • Name
  • Email
  • Company Name
  • Telephone Number

Users can complete their profile with other Personal Data (their address, secondary telephone number, date of birth, company role, the name of their business Unit etc.).

Aitenders will never collect or process sensitive Personal Data in accordance with GDPR regulations, for example regarding racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, health, etc.

1.2. Aitenders also collects Data relating to the commercial relationship with its Users: history, subscribed functionalities, billing and payment, participation in promotional offers, requests and incidents reported to the support service, etc.

1.3. Aitenders automatically collects certain data during visits to the website Aitenders.com. For example, information about the origin of the connection, the type and version of the user’s Internet browser, the duration of connection, etc.

Aitenders uses cookies for the Site and the Tender Management and Contract Management Platform called Aitenders. A cookie is a small text file sent by the website consulted by the User in their Internet browser or on the device used. It does not personally identify the User but has the function of facilitating navigation (memorizing personal Dashboard set up, technical choices, quick search, past activity) and proposing relevant offers and services. Their maximum life is 12 months.

The goal is to facilitate navigation, improve use, benefits and better understand the customer experience.

The Aitenders Cookies Policy is available here.

II. Use Of Personal Data Of Users

Aitenders uses Personal Data only in the cases provided for by the regulations in force, which are:

  • The execution of the service provision contract relating to the use of the Aitenders Software and/or;
  • Compliance with a legal obligation and/or;
  • Your consent to process your Data
  • Our legitimate interest in conducting prospecting or promotion operation concerning the Aitenders Group, our products, promotions or the events we organize with the Aitenders Grou

Of course, Aitenders never uses personal data for marketing and commercial purposes without respecting the wishes of the data subjects who can always unsubscribe from these communications.

III. Processing Of Personal Data

Aitenders collects and processes Users’ Personal Data in a fair and lawful manner and in compliance with the principles of European Regulation 2016/679 of 27 April 2016 (GDPR).

Aitenders is responsible for the processing of Personal Data of Users within the meaning of the GDPR.

Aitenders has appointed a Data Protection Officer (DPO) who continuously monitors Aitenders’s compliance with GDPR principles and rules. Their mission is notably:

  • to make Aitenders employees aware of the protection of Personal Data;
  • to support the teams during the implementation of processing;
  • to respond to requests related to the exercise of Users’ rights in accordance with Article VIII.

The DPO can be contacted via this dedicated email address: contact@aitenders.com

  1.  

IV. Retention Of Personal Data Of Users

4.1 Security

Aitenders makes every effort to prevent the loss, misappropriation, intrusion, unauthorised disclosure, alteration or destruction of Personal Data disclosed by Users.

Therefore:

  • The data is stored on Aitenders’s own servers, hosted within the infrastructure of Microsoft France. The server security check and the update of operating software is carried out in real time.
  • All information sent to Aitenders is encrypted [256-bit TLS protocol].
  • Aitenders employees are subject to an obligation of confidentiality and non-disclosure and have all signed a specific commitment to the protection of Personal Data.
  • Access to Data is governed by a strict access control policy, reserved to authorised persons, under defined conditions.
  • When Aitenders uses subprocessors to process Personal Data, Aitenders ensures that these subprocessors guarantee an equivalent level of security protection.

4.2. Term

Aitenders retains Personal Data in accordance with legal provisions:

Aitenders keeps the information relating to the management of the Customer Account, orders, billing, payments 10 years after the end of the contract or the last contact from the Inactive Customer;

Aitenders keeps the information related to the creation and management of prospecting files 3 years from the collection of data or the last contact from the prospect;

Aitenders keeps inactive Customer Data for the purpose of sending information about the commercial and marketing offers, within 3 years after the end of the business relationship.

Aitenders has the obligation to keep, for one year, the Personal Data following the creation, modification, or removal of User Content:

  • Login identification;
  • The identification given by the terminal;
  • Types of protocols;
  • Nature of the operation;
  • Date and time of the operation;
  • Identification used by the author of the operation.

When the retention of the Data is no longer justified by the management of a Customer Account, a legal obligation or commercial requirements, and notwithstanding the exercise of the rights of deletion or modification, Aitenders will delete the Data in a secure fashion.

4.3. Account Cancellation

Users may also request that their Account be deleted in accordance with the Terms. Their data will be deleted by Aitenders without prejudice to Article 4.2 above.

V. Access To The Personal Data Of Users

5.1. Access to Data by Aitenders Employees

According to the purposes defined in Article 1, the customer service, support, administrative, accounting, technical, marketing and sales departments are likely to have access to Personal Data.

Access to your data is based on individual access permissions as specified in Article 4.1.

5.2. Data Transmission

Aitenders can outsource the following services:

  • Hosting
  • Providers sending postal or digital mail
  • Maintenance and technical development providers

Pursuant to Article 28 of the GDPR, Aitenders’s subcontractors’ access to the Data is provided for by a contract signed between Aitenders and the subprocessor, which sets out its obligations with respect to the protection of Personal Data that are available to Aitenders.

VI. Transfer Of Personal Data

Aitenders retains Personal Data in the European Union.

If the Data collected by Aitenders in connection with the Services were to be transferred, in a very marginal way, to subcontractors located in other countries, Aitenders shall ensure that appropriate safeguards are provided to control any transfer of Personal Data.

Aitenders may provide Users’ Personal Data only if it is required by law or ordered by a French court.

VII. Communication From Aitenders

7.1 Aitenders can send emails to Users at the email address associated with their account for technical or administrative reasons or to inform the Users of the change of the services.

7.2 Aitenders can also send Users SMS messages or emails containing commercial and marketing offers or concerning your participation in events, under the conditions of Article VIII. A deactivation link allows Users to unsubscribe at any time.

If you are unsubscribed from these communications you will nevertheless continue to receive the communication listed in Article 7.1.

VIII. Exercise Of User Rights

In accordance with the French Data Protection Act and the European Regulation 2016/679 of 27 April 2016 (GDPR), in force on 25 May 2018, Users have the following rights concerning the processing:

  • right of access
  • right to rectification
  • right to object
  • right to erasure
  • right to data portability
  • right to restriction of processing

Users may exercise these rights by writing to the DTO of Aitenders at their postal address: 20 rue prof Benoit Lauras 42000 Saint Etienne or contact the Team directly at contact@Aitenders.com.

All requests must be justified and accompanied by a copy of a valid ID.

Users may also:

  • modify their Personal Data directly from their Account, if they have one
  • manage the receipt of promotional communications (not related to a transaction) by simply clicking on the “unsubscribe” link at the bottom of emails sent by Aitenders
  • manage the reception of SMS messages by sending a “STOP” text message

Information about the company

Aitenders SAS. Capital 2 000 €

20 rue Professeur Benoit Lauras,  42000 Saint Etienne, France

RCS 844 754 251

Website Manager

Geoffrey Guilly– Président d’Aitenders

Hosting :

OVH SAS

Contact

contact@aitenders.com