General terms and conditions of use the Grappers platform

INTRODUCTION

 

EPSILON GLOBAL COM, a “Société par Action Simplifiée”, registered on the REIMS Trade and Companies Register under number 752 881 375, whose registered office is located at 5 rue de Talleyrand, 51100 REIMS (hereinafter "EPSILON" or "the OPERATOR") publishes and operates the internet platform available at the following address: https://www.grappers.com/ (hereinafter "the PLATFORM").

This PLATFORM is called GRAPPERS. It is a collaborative platform aimed at bringing together and connecting the various players in the Champagne region and champagne lovers, thereby creating a community.

GRAPPERS is both a medium and a social network dedicated to the promotion of the Champagne region and its wines; it provides an information service through the publication of articles, animations, videos and images. It also provides an intermediary service between PROFESSIONALS working in the fields of tourism, winemaking, Champagne production and Champagne gastronomy (hereinafter referred to as "the PROFESSIONALS") and Champagne lovers (hereinafter referred to as "the MEMBERS" or "CHAMPAGNE LOVERS") to inform the latter about products and services related to the Champagne region and/or Champagne drinking/tasting etc. 

GRAPPERS is therefore a medium of inspiration, information and exchange that extols a Champagne “art de vivre”.

In this context, please note that EPSILON acts: 

As a PLATFORM operator and therefore a technical intermediary.

As a PROFESSIONAL, when the PRODUCTS or SERVICES sold are directly marketed by EPSILON to the PROFESSIONALS.

The sale of PRODUCTS or SERVICES to PROFESSIONALS is not governed by these general terms and conditions of use but by the general terms and conditions of sale.

USE OF THE GRAPPERS PLATFORM FOR ANY PURPOSE WHATSOEVER CONSTITUTES THE USER'S FULL ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE.

 

 

ARTICLE 1 – DEFINITIONS

 

In these GENERAL TERMS AND CONDITIONS OF USE, the terms mentioned below have the following meaning:

“PUBLICATIONS”: refers to the texts, whether or not accompanied by images, animations or videos, intended to inform USERS of the products/services offered by the PROFESSIONALS, the tourism offer available in Champagne, the characteristics of the PRODUCTS and more generally of champagne.

“GRAPPERS COMMUNITY”: refers to all the GRAPPERS PLATFORM users, regardless of their profile. The creation of an account enables the USER to join the GRAPPERS COMMUNITY.

“ACCOUNT”: refers to the interface provided on the PLATFORM in which all the data provided by the USERS is collected. Access to the ACCOUNT is by way of LOGIN IDs.

“GENERAL TERMS AND CONDITIONS OF USE” refers to these contract conditions published on the PLATFORM to set out the conditions of use of the PLATFORM by the USERS. 

“GENERAL TERMS AND CONDITIONS OF SALE”: refers to the contract conditions setting out the conditions of sale of PRODUCTS or SERVICES by EPSILON to PROFESSIONALS through the PLATFORM.

“LOGIN IDs”: refers to the email address and password provided by a USER, MEMBER or PROFESSIONAL, when creating his/her ACCOUNT, which are required to access his/her ACCOUNT on the PLATFORM.  

“MEMBER” or “CHAMPAGNE LOVER”: refers to any private individual, acting as a consumer, accessing the various services and functionalities on GRAPPERS.

“PLATFORM” or “GRAPPERS”: refers to the online platform accessible at https://www.grappers.com/. The PLATFORM includes all the web pages, services and functionalities available to the USERS.

“PRODUCTS”: refers to all the products offered to the MEMBERS by the PROFESSIONALS via the PLATFORM.

“PROFESSIONAL”: refers to any person whose PRODUCTS or SERVICES are listed on the PLATFORM. This includes professionals involved in the production and marketing of Champagne (négociants, winegrowers, cooperatives, wine merchants, retailers, etc.) and professionals in the tourism, hotel and restaurant industries in the Champagne region.

“SERVICES”: refers to all of the services offered by GRAPPERS to USERS, and in particular access to documentation and PUBLICATIONS, publishing PUBLICATIONS online, connecting CHAMPAGNE LOVERS to PROFESSIONALS or the provision of statistics.

“USER”: refers to any person who accesses and browses on the PLATFORM, whether a PROFESSIONAL or a CHAMPAGNE LOVER.

 

 

ARTICLE 2 – PURPOSE

 

The purpose of these GENERAL TERMS AND CONDITIONS OF USE is to set out the contractual provisions relating to the respective rights and obligations of the publisher of the GRAPPERS platform and its USERS.

 

 

ARTICLE 3 – ACCEPTANCE OF THE GENERAL CONDITIONS

 

The use of the functionalities of GRAPPERS and the SERVICES constitutes full acceptance of these general terms and conditions of use.  

The USER therefore undertakes to attentively read these general terms and conditions of use before using the PLATFORM and is invited to download them, print them and keep a copy.

 

 

ARTICLE 4 – TECHNICAL MEANS OF ACCESS TO THE PLATFORM

 

By using the PLATFORM, the USER confirms that he/she has the means and competencies necessary to use the PLATFORM. 

The cost of the equipment necessary to access and use the PLATFORM is borne by the USER, as well as any telecommunications costs that may be incurred by their use.

 

 

ARTICLE 5 – ROLE OF EPSILON

 

5.1. Description of EPSILON's involvement 

 

On the PLATFORM, EPSILON can play two separate and distinct roles:

Intermediary

The GRAPPERS PLATFORM published by EPSILON consists of the publishing online of PUBLICATIONS, articles, images, videos, animations related to the Champagne region or champagne wines and of connecting all the USERS, whether they are CHAMPAGNE LOVERS or PROFESSIONALS, with each other by electronic means.

For any sales between a CHAMPAGNE LOVER and a PROFESSIONAL, the CHAMPAGNE LOVER is redirected to the PROFESSIONAL's website.

The contract of sale is therefore concluded exclusively and directly between the PROFESSIONAL and the CHAMPAGNE LOVER, with EPSILON acting solely as a technical intermediary.

This intermediation is not remunerated and does not engage the liability of EPSILON.

Lastly, it is specified that these terms and conditions of use do not, in any way, confer on the USERS the status of employee, representative, agent or representative of EPSILON.

 

SELLER within the context of the sale of GRAPPERS PRODUCTS or SERVICES

EPSILON offers its own PRODUCTS and SERVICES for sale to PROFESSIONALS directly on the PLATFORM.

 

5.2. EPSILON's role as an online platform operator 

 

5.2.1. General principle 

EPSILON acts in a neutral and transparent manner. 

EPSILON has no capital ties with any of the PROFESSIONALS listed on the PLATFORM.

 

5.2.2. Loyalty, clarity and transparency 

EPSILON, in its capacity as operator of the PLATFORM, complies with the informative obligations imposed on it by the legal provisions.

However, no financial transactions relating to the sale or exchange of goods or services between the different USERS take place on the GRAPPERS PLATFORM. GRAPPERS is therefore not required to comply with the provisions of article ‘242 bis’ of the French General Tax Code.

 

5.3. EPSILON's role as seller on the platform

EPSILON's obligations as a seller are included in its general terms and conditions of sale, bearing in mind that EPSILON only markets SERVICES to PROFESSIONALS registered on GRAPPERS, as stated in articles 6.2 and 7.2 of these general terms and conditions of use.

However, it is specified that, for paid subscriptions, the PROFESSIONAL will be able to pay his/her subscription online on the PLATFORM. The payment service provider is STRIPE, a company holding all the relevant certifications: 

- PCI DSS level 1 certification;

- Complies with the European DSP2 directive and strong customer authentication;

- SSAE18/SOC 1 type 1 and 2 and SSAE18/SOC 2 type 1 and 2 reports;

- AFSL licence in Australia, Electronic Money Institution licence in Europe and MSB registration in Canada;

- AES Encryption: All card numbers are encrypted on disk with AES-256. Decryption keys are stored on separate devices.

 

ARTICLE 6 – CONDITIONS OF ACCESS AND REGISTRATION

 

Article 6.1. Provisions applicable to all USERS

 

All USERs may access the PLATFORM, check out the PUBLICATIONS and the PRODUCTS and make use of the SERVICES described in article 7.1 of these general terms and conditions of use. The USER wishing to become a CHAMPAGNE LOVER or PROFESSIONAL MEMBER is invited to follow the registration procedure set out below.

Access to the PLATFORM requires the creation of an ACCOUNT and prior acceptance of these general terms and conditions of use by the USER.

 

a) Management of LOGIN IDs 

The CHAMPAGNE LOVER will be solely responsible for the use of his/her LOGIN IDs or for the actions performed via his/her ACCOUNT.

Should the CHAMPAGNE LOVER disclose or use his/hers LOGIN IDs in a manner inconsistent with their purpose, EPSILON may delete the ACCOUNT without notice or compensation.

Under no circumstances can EPSILON be held responsible for the usurpation of a MEMBER's identity. Any access or actions carried out from a MEMBER's ACCOUNT will be presumed to be carried out by the MEMBER, insofar as EPSILON has no obligation and does not have the technical means to ensure the identity of the persons having access to the PLATFORM from an ACCOUNT.

Any loss, misappropriation or unauthorised use of a MEMBER's LOGIN IDs and the consequences are the sole responsibility of the MEMBER, the latter being obliged to inform EPSILON, without delay, by email to the following address: contact@grappers.com.

 

b) Cancelling the subscription 

The MEMBER can close his/her ACCOUNT at any time directly from his/her personal space. He/she will then receive an email confirming the deactivation of his/her ACCOUNT and the permanent deletion of all his/her data from the PLATFORM.

 

Article 6.2. Registration procedure for a CHAMPAGNE LOVER 

 

Any USER wishing to access all the free features offered by GRAPPERS must first create an ACCOUNT to become a MEMBER.

Registration as a CHAMPAGNE LOVER on GRAPPERS is free of charge.

The USER wishing to become a CHAMPAGNE LOVER undertakes to provide EPSILON with accurate, honest and up-to-date data, which does not infringe, in any way whatsoever, on the rights of third parties, and to communicate to EPSILON any necessary updates to the data communicated at the time of registration.

The USER must be at least 18 years of age.

Lastly, the USER must validate these terms and conditions of use before completing his/her registration. The e-mail address and the password are the MEMBER'S LOGIN IDs.

The CHAMPAGNE LOVER undertakes to create a single and unique ACCOUNT on GRAPPERS. EPSILON declines all responsibility for the harmful consequences that the use of multiple ACCOUNTS for a single MEMBER could have.

The USER is entirely responsible for the accuracy and updating of the data communicated in connection with the opening and management of his/her ACCOUNT.

 

Article 6.3. Registration procedure for a PROFESSIONAL user

 

The USER wishing to become a PROFESSIONAL user will have to complete an online registration form and provide the following information: 

Surname and first name(s) of the legal representative and of the dedicated contact if different: 

Company name; 

Address of the registered office;

Telephone number; 

E-mail address and password; 

Legal structure;

The USER, who becomes a PROFESSIONAL user, guarantees at the time of validation of his registration by EPSILON that the data he/she provides is accurate, honest and truthful. In the event of a change in his/her situation, the PROFESSIONAL user must immediately inform EPSILON and provide the new information.

Should the PROFESSIONAL user provide inaccurate or out of date information, EPSILON may immediately, without notice or compensation, suspend or terminate the PROFESSIONAL user's account.

Contractual relations between EPSILON and the PROFESSIONAL USERS wishing to provide information on their PRODUCTS or SERVICES or to involve themselves in the creation of events or experiences on the PLATFORM are governed by the GENERAL TERMS AND CONDITIONS OF SALE.

Registration is free if the PROFESSIONAL user only wishes to be included in the GRAPPERS directory by creating a Brand information sheet which includes providing USERS with the PROFESSIONAL user's legal information, a brief description of his/her employees and history.

The PROFESSIONAL user can also take out a PAID subscription if he/she wants to obtain a status allowing him/her to post articles online on GRAPPERS, to create events for the entire GRAPPERS Community, to access and reply to private messages from CHAMPAGNE LOVERS, to receive statistics on his/her brand page’s performance or automated advice on optimising his/her brand page according to its performance.  

All PUBLICATIONS thus posted online are the responsibility of the PROFESSIONAL user, although EPSILON retains the right to suspend the PUBLICATION if it considers that the PUBLICATION is in breach of good behaviour codes or legal provisions.

When the PROFESSIONAL takes out a paid subscription, he/she is required to pay the registration fee monthly in advance. The provisions governing subscriptions are included in the general terms and conditions of sale.

 

 

ARTICLE 7 - SERVICES

 

Article 7.1. SERVICES for all USERS 

 

By creating an ACCOUNT, the USER will have access to a dashboard that will allow him/her to modify his/her personal information.

Any USER with an ACCOUNT can access the PLATFORM, along with the following functionalities, free of charge:

- Media: all of the PUBLICATIONS: articles, texts, images, videos, animations posted on GRAPPERS  

- Discussion Groups: between CHAMPAGNE LOVERS and/or PROFESSIONAL users

- Events: listed by GRAPPERS and related to the Champagne region and its wines.

- Directory: Champagne producers, wine merchants, tourism, hotel and restaurant professionals and any Champagne-related business in general listed on GRAPPERS

- Experiences: events organised by EPSILON and the PROFESSIONALS

One of the main features of GRAPPERS enables any USER to search for specific PUBLICATIONS, PRODUCTS or SERVICES using the various tabs or the search engine.

 

7.1.1. Search by category 

The USER has access to different categories of PUBLICATIONS, each category having sub-categories.

By clicking on the category of his/her choice, the USER will be able to access all the related sub-categories. The USER can then either access all the PUBLICATIONS listed in the sub-category, or select a type of PUBLICATION within this sub-category.

Within each sub-category, the USER will be able to refine his/her search making use of the various filters available.

 

7.1.2. Search by search engine 

The USER may also use the search engine when looking for a particular PUBLICATION.

In this case, the results matching his/her search will be presented to him/her by default according to a criterion of descending relevance.

This relevance criterion is determined as follows: priority is given to PUBLICATIONS with the most links to the keywords used within their tags, title or content.

 

Article 7.2. SERVICES for PROFESSIONAL users 

GRAPPERS allows registered PROFESSIONALS to access additional SERVICES and, in particular, to be visible to the CHAMPAGNE LOVERS on GRAPPERS.  

The PROFESSIONAL user can create a brand page free of charge, but can also take out a PAID subscription if he/she wants to acquire a status allowing him/her to publish promotional articles on GRAPPERS, to create events intended for the entire GRAPPERS Community, to access and reply to private messages from CHAMPAGNE LOVERS, and to receive statistics on his/her brand page’s performance or even automated advice on optimising his/her brand page according to its performance.

To this end, potential PROFESSIONAL users are invited to follow the steps set out in article 6.3. hereof.

Subscriptions taken out by PROFESSIONALS on GRAPPERS are governed by the general terms and conditions of sale.

 

 

ARTICLE 8 – OBLIGATIONS OF THE PARTIES

 

8.1. Obligations of the USERS 

When using GRAPPERS, each USER undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these terms and conditions of use.

Every USER has the obligation to: 

behave fairly and responsibly towards EPSILON and third parties;

be honest and truthful in the information provided to EPSILON and, where appropriate, to third party USERS;

use GRAPPERS in accordance with its purpose as described in the introduction to these general terms and conditions of use;

not divert the purpose of GRAPPERS to commit crimes, misdemeanours or offences punishable under the Penal Code or any other law;

respect the privacy of third parties and the confidentiality of the messages and discussions;

respect EPSILON's intellectual property rights relating to the various components of the GRAPPERS PLATFORM and, where applicable, the intellectual property rights of other USERS;

not to seek to impair the automated data processing systems implemented on the PLATFORM within the meaning of Articles 323-1 & seq. of the French Penal Code;

not to modify the information posted online by GRAPPERS or by another USER;

not to use the PLATFORM to send large amounts of unsolicited messages (advertising or other);

not to disseminate data that would disrupt, slow down or interrupt the normal operation of GRAPPERS.

 

In compliance with the legal and regulatory provisions in force and in accordance with the law of 29 July 1981 relating to the freedom of the press, the USER undertakes not to disseminate any message or information:

which constitute a denigration of EPSILON or the USERS;

harmful to public order and going against accepted standards of behaviour; 

which is insulting, defamatory, racist, xenophobic, revisionist or damaging to the honour or reputation of others;

inciting discrimination, hatred of a person or a group of people because of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;

threatening a person or a group of people;

of a paedophile nature;

which constitutes an incitement to commit a felony, crime or act of terrorism, or a condoning of war crimes or crimes against humanity;

which constitutes an incitement to suicide;

enabling third parties to obtain, directly or indirectly, pirated software, software serial numbers and software enabling hacking and intrusion into computer and telecommunications systems, viruses and other logic bombs and, in general, any software or other tool which may infringe the rights of others and compromise the safety of persons and property;

of a commercial nature (sales prospection, soliciting, prostitution...).

Likewise, the USER must, at all times, when posting any publication and any message whatsoever online, comply with the provisions of the Loi Evin No. 91-32 of 10 January 1991 relating to the prevention of smoking and alcoholism

The USER is also reminded that alcohol abuse is dangerous to health.

In addition, the USER may not create any hypertext links to all or part of GRAPPERS on his/her own website or blog without the prior and explicit agreement of EPSILON. This agreement may be requested by email to the following address: contact@grappers.com.

EPSILON is free to withhold this authorisation without having to justify its decision in any way. Should EPSILON grant its authorisation, this is always only on a temporary basis and may be withdrawn at any time, with no obligation for EPSILON to justify its decision.

In any event, any link must be removed at EPSILON's request.

Any breach of this clause may result in EPSILON deleting a PUBLICATION and suspending the USER's account for a period of 15 days. The USER will receive notification of this on the email address he/she provided on his/her account.

In the event of multiple breaches, the account of the USER concerned will be simply closed, without prior notice.

 

8.2. EPSILON’S OBLIGATIONS 

 

EPSILON's overall obligation is an obligation to provide the means. It does not impose on EPSILON any obligation of results or means that is reinforced in any way. 

EPSILON undertakes to use all means at its disposal to ensure continuity of access and use of the PLATFORM 24 hours a day, 7 days a week.

However, EPSILON draws the USERS' attention to the fact that the current communication protocols via the Internet do not allow the transmission of electronic exchanges (messages, documents, identity of the sender or recipient) to be ensured in a secure and continuous manner.

In addition, as an online platform operator, EPSILON is committed to providing clear, transparent and fair information on the manner of its involvement.

 

 

ARTICLE 9 - LIABILITY

 

9.1. General principles  

 

EPSILON declines all responsibility and particularly in the following cases:  

temporary inability to access the PLATFORM due to technical maintenance operations or the updating of the information published. The USERS acknowledge that EPSILON cannot be held liable in the event of malfunctions or interruptions in the said transmission networks;

virus attacks, unlawful intrusion into an automated data processing system;

abnormal or illicit use of the PLATFORM by a USER or a third party;

Inappropriate content on third-party websites to which hyperlinks on the GRAPPERS platform link;

non-observance of these general terms and conditions of use by the USERS;

Delay or non-performance of EPSILON's obligations caused by a case of force majeure as defined in Article 10 of these general terms and conditions of use;

any external cause not attributable to EPSILON ;

unlawful act of a PROFESSIONAL user

non-performance or poor compliance with the contract by a PROFESSIONAL user as described in article 9.3 of these general terms and conditions of use.

 

In the event of abnormal or illicit use of the PLATFORM, the USER is solely responsible for any damage caused to third parties and for the consequences of any claims or actions that may ensue.

 

9.2. Host status 

 

With the exception of the case when EPSILON is a SELLER, the USERS acknowledge that EPSILON has the status of host within the meaning of Article 6 I 2° of the Law of 21 June 2004 modified by Law 2020-766 of 24 June 2020 for confidence in the digital economy known as the LCEN.

In this respect, EPSILON reserves the right to withdraw any content that has been reported to it and that it considers to be manifestly illicit within the meaning of Article 6 I 2° of the law of 21 June 2004 for confidence in the digital economy, known as the LCEN.

USERS may report, directly from the PLATFORM, content that they consider to be illicit.

In addition, notification of manifestly illicit content by a USER or any other third party must be sent by e-mail to contact@grappers.com or by registered post with acknowledgement of receipt to GRAPPERS - Epsilon Global Com, 5 rue de Talleyrand, 51100 Reims, France.

 

In accordance with Article 6 I 5° of the Law of 21 June 2004 on confidence in the digital economy, amended by Law 2020-766 of 24 June 2020, the notification, in order to be valid, must include the following information:

the date of the notification;

if the notifier is an individual: his/her surname, first names, profession, domicile, nationality, date and place of birth; if the applicant is a legal entity: its legal structure, name, registered office and the body which legally represents it;

the name and domicile of the addressee or, in the case of a legal entity, its name and registered office;

a description of the disputed content, its precise location and, if applicable, the electronic address(es) at which it is made accessible;

the reasons, including legal reasons, for which the content must be removed or rendered inaccessible;

a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their discontinuation, withdrawal or modification, or the proof that the author or publisher could not be contacted.

 

9.3. Disputes between USERS 

 

In the event of a dispute between two USERS, one of them may contact EPSILON's Customer Service via the email address contact@grappers.com directly on the platform via the contact/customer service tab.  

EPSILON will pass on the complaint to the other USER, but it is the USERS responsibility to attempt to settle their dispute amicably.

Should a solution not be found between the USERS, the USER may contact EPSILON by email at the following address contact@grappers.com or on the following telephone numbers: +33326797548, +33326793543.  In this case, EPSILON will attempt to resolve the dispute by acting as mediator. If an amicable solution is not reached, it will be the responsibility of the party that has an interest in doing so to refer the matter to the competent court.

With the exception of cases where it is a SELLER, EPSILON draws the attention of the USERS to the fact that any dispute arising between a CHAMPAGNE LOVER and a PROFESSIONAL must be dealt with between them, the PROFESSIONAL remaining solely responsible for the execution of any contract between them, since the contract of sale will not have been concluded on the PLATFORM, as stated in Article 5.1.

 

 

ARTICLE 10 - FORCE MAJEURE

 

EPSILON cannot be held liable if the non-execution or improper execution of one of its obligations under the terms of these terms and conditions of use is due to a case of force majeure, as defined in Article 1218 of the French Civil Code:

"There is force majeure in contractual matters when an event beyond the obligor's control, which could not reasonably have been foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the obliger from carrying out his obligation.

If the impediment is temporary, the performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are freed from their obligations under the conditions set out in articles 1351 and 1351-1.”

In particular, the following are considered to be cases of force majeure: attacks by hackers, unavailability of PUBLICATIONS; suspension, reduction or interruption of electricity or other disturbances or any interruptions to electronic communication networks.

More generally, any circumstance or event beyond EPSILON's control occurring after the agreement to the general terms and conditions of use and preventing the execution of contract under normal conditions constitutes a case of force majeure.

In the event of force majeure, the USER may not claim any damages from EPSILON.

Should one of the aforementioned events occur, EPSILON will endeavour to inform the USER as soon as possible.

 

 

ARTICLE 11 - INTELLECTUAL PROPERTY

 

11.1. PROFESSIONALS' intellectual property rights

 

The PROFESSIONAL user may post photographs, trademarks, logos, drawings and other models belonging to him/her or to third parties. 

In such a case, he/she guarantees that he/she has the right to reproduce all the intangible elements displayed in his/her PUBLICATIONS. 

In any event, EPSILON shall not be held liable for any infringement given its simple status as the host of the PROFESSIONALS' PUBLICATIONS.

 

11.2. EPSILON’s intellectual property rights 

 

The USER acknowledges the intellectual property rights that EPSILON holds for GRAPPERS, its components and related content, and waives the right to challenge these rights in any form whatsoever.

The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on GRAPPERS, with the exception of USERS' PUBLICATIONS, are the exclusive intellectual property of EPSILON and may not be reproduced, used or represented without explicit authorisation at the risk of prosecution.

Any representation or reproduction, in whole or in part, of GRAPPERS and its content, by any process whatsoever, without EPSILON's explicit prior authorisation, is prohibited and will constitute an infringement punishable by articles L.335-2 & seq. and articles L.713-1 & seq. of the Intellectual Property Code.

 

In particular, EPSILON expressly prohibits: 

extraction, by permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of the contents of its database to another medium, by any means and in any form whatsoever;

re-use, by making available to the general public all or a qualitatively or quantitatively substantial part of the contents of the database, in whatever form;

reproduction, extraction or re-use, by any means, including methods similar to the scrapping of the contents (photographs, description etc.) published by EPSILON or by a PROFESSIONAL user.

Acceptance of these general terms and conditions of use constitutes recognition of EPSILON's intellectual property rights by the USERS and a commitment to respect them.

 

 

ARTICLE 12 - PROTECTION OF PERSONAL DATA

 

12.1 Collection of personal data

 

The personal data collected on GRAPPERS are as follows:

Opening an account

When creating the USER ACCOUNT: user’s surname, first name, e-mail address, password.

Connection

When the USER connects to GRAPPERS, the latter records the USER's surname, first name, connection, use, location and payment details.

Profile

GRAPPERS allows the USER to complete a profile, which may include job, gender, date of birth, telephone number, language, geographical area, etc. 

Payment

Within the procedure for the payment of the PRODUCTS or SERVICES offered to PROFESSIONALS on GRAPPERS, the financial data relating to the USER's credit card is collected by the online payment company Stripe.

Communication

When the PLATFORM is used to communicate with other USERS, the data concerning the USER's communications are temporarily stored.

Cookies

Cookies are used when a USER uses GRAPPERS. The USER can deactivate the cookies using his/her browser settings.

 

12.2 Use of personal data

 

The personal data collected from USERS is used to provide the PLATFORM services, improve these services and maintain a secure environment. More specifically, the uses are as follows:

access and use of GRAPPERS by the USER;

management of the operation and optimisation of GRAPPERS;

organisation of the payment services terms and conditions of use;

verification, identification and authentication of data transmitted by the USER;

enabling the USER to communicate with other GRAPPERS USERS;

provision of user assistance;

personalisation of the services by the presentation of PUBLICATIONS according to the USER's browsing history, profile or preferences;

prevention and detection of fraud, malware (malicious software) and management of security incidents;

management of any disputes with USERS.

 

12.3 Sharing of personal data with third parties

 

Personal data may be shared with third party companies in the following cases:

-  when the PROFESSIONAL USER uses payment services, for the implementation of these services, the PLATFORM is connected to a third party banking company with which it has a contract for the management of online payments;

-  when the USER publishes information accessible to the general public in the free comment areas of GRAPPERS;

-  when the USER authorises a third party's website to access his/her data;

-  when GRAPPERS uses the services of service providers to provide user support and advertising. These service providers have limited access to the USER's data for the performance of these services and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

-  if required by law, GRAPPERS may transfer data in order to respond to claims made against it and to comply with administrative and judicial procedures;

-  if GRAPPERS is involved in a merger, acquisition, asset disposal or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, USERS will be informed before personal data is transferred to a third party.

 

12.4 Security and confidentiality

 

GRAPPERS applies organisational, technical, software and physical digital security measures to protect personal data against tampering, destruction and unauthorised access. However, the internet is not a perfectly secure environment and GRAPPERS cannot guarantee the security of the transmission or storage of information on the internet.

 

12.5  Enforcement of USERS' rights

 

In accordance with personal data regulations, USERS have the following rights:

they may update or delete their data by logging in to their account and changing their account settings;

they may delete their ACCOUNT, by e-mailing GRAPPERS at the following address contact@grappers.com or do so directly as stated in article 6.1 b) of these general terms and conditions of use. It should be noted that information shared with other USERS, such forum posts, may remain visible to the audience on GRAPPERS, even after deletion of the account;

they may exercise their right of access to view their personal data, by checking the settings of their ACCOUNT in the "your data" tab; they may also do so by writing to the following e-mail address: contact@grappers.com. In this case, before exercising this right, GRAPPERS may request proof of the USER's identity;

if the personal data held by GRAPPERS is inaccurate, the USER may request that the information is updated by e-mailing GRAPPERS at the following address contact@grappers.com;

USERS may request the deletion of their personal data, in accordance with applicable data protection laws, by e-mailing GRAPPERS at the following address contact@grappers.com.

 

More generally, USERS may assert the rights granted to them pursuant to Articles 39 and 40 of the amended Data Protection Act and Articles 15, 16 and 17 of the General Data Protection Regulation (GDPR).

In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the USER may also, for legitimate reasons, oppose the processing of his/her personal data, without giving any reason and at no cost.

 

12.6 Changes to this clause

 

GRAPPERS reserves the right to make any changes to this clause relating to the protection of personal data at any time. In such a case, the PLATFORM undertakes to publish the new version on its website. GRAPPERS will also inform the USERS of the modification by e-mail, at least 15 days before the effective date. If the USER does not agree with the terms of the new wording of the personal data protection clause, he/she has the option of deleting his/her account.

 

 

ARTICLE 13 – CUSTOMER SERVICE

 

Any questions or complaints regarding the use or operation of GRAPPERS can be submitted as follows: 

-by e-mail to the following address: contact@grappers.com

-by post to EPSILON - GRAPPERS, 5 rue de Talleyrand 51100 Reims, France;

-by telephone: +33326797548 or +33326793543

 

 

ARTICLE 14 – VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF USE

 

If any of the stipulations of these general terms and conditions of use is declared null and void according to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed to be invalid but will not affect the validity of the other clauses, which will remain fully in force. 

Only the invalidated stipulation will lose its validity, without giving USERS the right to ignore the other stipulations of these general terms and conditions of use.

 

 

ARTICLE 15 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF USE

 

These general terms and conditions of use apply to all USERs using GRAPPERS.

The general terms and conditions of use may be modified and updated by EPSILON, notably to take into account a legislative or regulatory change. 

The applicable terms and conditions of use are those in force at the time at which the USER browses the GRAPPERS PLATFORM.

As soon as the general terms and conditions of use are modified, the USER will be informed the next time he/she visits GRAPPERS and he/she will be invited to accept the new terms and conditions.

If the USER refuses the new general terms and conditions of use, his/her account will be automatically deleted and all of his/her data will be erased at his/her request, in accordance with article 17 of the GDPR.

 

 

ARTICLE 16 - FINAL PROVISIONS

 

16.1 Disclaimer 

The fact that one of the PARTIES has not requested the application of any clause of these general terms and conditions of use, whether permanently or temporarily, shall in no way be considered as a waiver of the said clause.

 

16.2 Headings

The headings of the Chapters, Articles and paragraphs of these general terms and conditions of use are for ease of reading only and shall not be taken into consideration in the interpretation and execution of these general terms and conditions of use.

 

16.3 Translation

In the event of any inconsistency between the original French version of this document and its English translation, the French version shall prevail.

 

16.4 Applicable law 

THESE GENERAL TERMS AND CONDITION OF USE, AS WELL AS THE RELATIONSHIP BETWEEN THE USER AND EPSILON, ARE GOVERNED BY FRENCH LAW.

 

16.5 Dispute settlement

 

16.5.1 Attempt at an amicable settlement

In the event of a dispute arising between EPSILON and a USER concerning the use of GRAPPERS, the PARTIES will endeavour to settle the dispute amicably.

In such a case, the USER is first of all invited to inform EPSILON of his/her complaint at the following email address: contact@grappers.com.

If no agreement is reached, the USER may initiate an optional mediation procedure in an attempt to reach an amicable agreement.

 

16.5.2 Optional Mediation

The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgement of receipt, stating the reasons for the conflict and the name of the mediator it proposes. The choice of mediator must be agreed between the parties. Failing this, the mediation process cannot be undertaken.

As mediation is not compulsory, the USER or EPSILON may terminate the mediation procedure at any time.

 

16.5.3 Jurisdiction clause

SHOULD MEDIATION FAIL OR NOT BE ENVISAGED, THE DISPUTE WILL BE REFERRED TO THE COMPETENT COURT. 

In the case of disputes arising between PROFESSIONAL USERS and EPSILON, these will be under the exclusive jurisdiction of the court where EPSILON's registered office is located. 

For any other USER, jurisdiction will be defined by articles 42 and following of the French Code of Civil Procedure.