Terms and Conditions

Preamble

Partoo.fr is an Internet site owned and operated by Partoo SAS, a company with capital of €23,187, with headquarters located at 157 boulevard MacDonald, in Paris (75019), France, registered with the Registry of Commerce of Paris under number 803425404. It can be accessed at the following address: http://www.mybusiness.partoo.co.

Partoo offers its Customers solutions to effectively and easily manage the visibility of their points of sale. Within the framework of this offer, Partoo aims to reference its customers on Partner sites and/or notify its customers as soon as they receive a review concerning them on these sites. 

In this regard, the present General Conditions of Sale governs relations between the Internet site partoo.fr i.e. the company Partoo, referred to as “PARTOO” and its users, referred to individually as “The Client”. Any person who benefits from Partoo services in any form whatsoever, including free of charge, de facto adheres to the General Terms and Conditions of Sale described in this document.

The following was first set forth: 

Within the framework of the communication strategy, The Client may request the availability of information concerning their points of sale on a range of platforms, with which PARTOO has established agreements and/or established a solution to monitor reviews, in order to be aware of what internet users may say about these establishments on local sites.

That being exposed, the following has been agreed and decided :

 

​ARTICLE 1 – DEFINITIONS

Review: expression of a consumer’s opinion concerning the Client or one of his services, published by a Partner, whose operation is subject to the conditions and terms defined by the Partner.

Client: advertisers, legal entities or individuals (e.g. independent traders) who have ordered a Service from PARTOO. A Customer is necessarily the owner or manager of at least one POI.

Data: all the information about the Customer collected, entered and transmitted by the Client to PARTOO: elements for defining his/her POI(s), performance statistics on Partner sites, personal data, etc.

Partners: companies with which the supplier has established an agreement authorizing PARTOO to regularly deliver, according to certain standards, information relating to their clients points of sale, so that the companies integrate themselves onto their platform (website, mobile application, GPS). This also includes companies benefiting from solutions which facilitate the updating of content, allowing PARTOO to synchronize the client’s information in a simple and effective way. Finally, this also includes sites on which PARTOO is able to recover the reviews published on local establishments.

Platform: SaaS-type technological platform, Software as a Service for hosting, collecting and distributing Data, accessible via an application solution published by PARTOO.

POI: “Point of Interest”, a legal geographical unit located or serving a service area where all or part of the Client’s activity is carried out. 

Service: one or more solutions published by Partoo subscribed to by the Client and enabling access to the Platform.

ARTICLE 2 – SUBJECT

The present contract aims to define the conditions within which PARTOO commits to synhcronise the information and Data transmitted by the Client with its Partner sites and/or the conditions within which The Supplier commits to provide the Client with a Review Monitoring solution and/or the conditions under which PARTOO undertakes to provide the Customer with a solution for soliciting opinions. The present contract also aims to set out the rights and obligations of parties in this regard.

ARTICLE 3 – DURATION

The signature of the order is a firm and definitive commitment.

The present contract is concluded for a period of twelve (12) months and shall take effect from the signing date. It will thereafter be tacitly renewed unless a denunciation of one of the Parties is addressed to the other by registered post with acknowledgement of receipt at least ninety (30) days prior to the current contractual period or its renewal.

​ARTICLE 4 – PARTOO OBLIGATIONS

​ A. Premium local SEO
4.A.1. Diffusion of Client information with Partners

PARTOO commits to transmit the Client’s Data to its Partners. The list of Partners is available on the Platform. The Data is distributed in accordance with the specific terms and conditions of each Partner. The Partners list may vary according to the type of POI, their sector of activity and their location. This list also specifies the average update time specific to each Partner.

The PARTOO database containing public data for Internet users (addresses, schedules, website, etc.) may be made available to Partner applications and companies. If PARTOO signs new partnerships during the contractual period, the Client’s Data may be distributed to that Partner.

PARTOO undertakes to transmit this Data to its Partners within 7 working days. 

Partners may change their graphic design, display policy and commercial policy regarding the display of Data at any time and freely. PARTOO cannot therefore commit itself to an obligation of result regarding the synchronization of certain Data to certain Partners or even regarding the simple synchronization of the Client’s Data on a particular site. On the other hand, PARTOO undertakes to make its best efforts to ensure that the Data transmitted by the Client is distributed to the Partners as quickly as possible.

The Client remains responsible for the information published on the Partners’ public files before, during and after the service provided by PARTOO. The Client retains the possibility of modifying this information by his own means, following the Partners’ instructions.

4.A.2. Centralization of the Client’s local reviews 

PARTOO commits to provide the Client with a monitoring solution for local reviews so that the latter may be informed as soon as a review related to these establishments is posted by an internet user on a Partner site, in order to respond to it quicker. To date, the partners of the Supplier are Google, TripAdvisor and Facebook.

If PARTOO signs new partnership agreements during the contractual period, they will be automatically integrated into the solution provided to the Client, at no extra cost, provided that this partner was negotiated on a no charge basis.

The Partner platforms can, at any time freely change their policy for providing notice. PARTOO can therefore not engage in an obligation to achieve results with respect to the recovery of local notices. However, PARTOO commits to do its utmost to centralize all reviews on the Platform as frequently as possible.

4.A.3 Product content

The service includes in particular :

  • Data synchronization on Partner website
  • a summary of the visibility on Google My Business
  • the centralisation as soon as possible of reviews relating to Clients published on a Partner for which PARTOO is able to retrieve notices;
  • a responsive interface to facilitate the response to reviews;
  • a report by mail summarising the number of new reviews;
  • a dashboard to follow-up the online reputation;
  • user management

4.A.4. Données diffusables

PARTOO s’engage à fournir ses meilleurs efforts pour que les Partenaires intègrent le maximum de Données possibles transmises par le Client, notamment :
  • Nom de l’entreprise
  • Adresse (n° de rue, code postal, ville, pays)
  • Catégories (type d’activité)
  • N° de téléphone
  • N° de SIRET
  • Latitude
  • Longitude
  • Url du site web
  • Contact email
  • Lien Facebook
  • Lien Twitter
  • Horaires
  • Horaires exceptionnels
  • Logo
  • Photographies
  • Descriptif
    B. Reputation Boost

    4.B.1. Premium local SEO and sending SMS invitations to submit reviews 

    The Reputation Boost solution includes the services related to Premium local SEO and allows to send SMS messages inviting the Client’s customers to wright a review on Google My Business.

    Partner platforms can change their notice submission policy at any time and freely. PARTOO cannot therefore commit itself to an obligation of result regarding the reviews posted on Google My Business records.

    It is specified that the information relating to the recipients of SMS invitations is anonymised when stored by PARTOO.

    4.B.2. Product content

    The service includes in particular :

    • Data synchronization on Partner website
    • a summary of the visibility on Google My Business
    • the centralisation as soon as possible of reviews relating to Clients published on a Partner for which PARTOO is able to retrieve notices;
    • a responsive interface to facilitate the response to reviews;
    • a report by mail summarising the number of new reviews;
    • a dashboard to follow-up the online reputation;
    • 100 SMS per month;
    • user management

    C. Data Management

    PARTOO peut publier, divulguer et utiliser les Données agrégées (Données relatives à tous les Clients ou à des groupes ou catégories spécifiques de Clients combinées de manière à ce qu’un Client individuel ne puisse plus être identifié ou mentionné) et les Données non personnelles à des fins d’analyse du secteur et du marché, de profilage démographique, à des fins promotionnelles et publicitaires et à d’autres fins commerciales.
    D. Client Support

    The Client has access to PARTOO’s Customer Service. This is available by instant messaging from Monday to Friday, except on public holidays, from 9:30 am to 6:00 pm UTC+2.

    ARTICLE 5 –  OBLIGATIONS OF THE CLIENT

    5.1. Administrative authorisation

    The Client commits to respect, within the framework of the present contract, the legal, regulatory and ethical rules that might govern the exercise of their profession. 

    5.2. Payment of the price

    The Client commits to pay the price in the amount and under the conditions set out in ARTICLE 6 of this contract.

    5.3. Supply of data

    The Client commits to provide the elements and Data described in Article A.4.2 via the Platform, or via a dedicated flow according to the terms and conditions specific to the Partners.

    The Client agrees to share the ownership of its Google My Business page(s) or at least to connect its page(s) to the Platform for the proper functioning of the Service and for Partoo to comply with its obligations as defined in Article 4.

    The Client agrees to share the ownership of its Facebook Page(s) or at least to connect its Page(s) to the Platform for the proper functioning of the Service and for Partoo to comply with its obligations as defined in Article 4.

    The Client undertakes to use its best efforts to assist PARTOO if it needs additional information to comply with the obligations set out in Article 4 of this agreement.

    5.4. Lawfulness of the Data

    The Client undertakes to make available to PARTOO only lawful content, free of any infringement of public order, morality or the rights of third parties.

    ARTICLE 6- PRIX

    6.1 Pricing

    The price of the subscription to the Service, per POI, is the price in force at the time the order is signed, in the absence of any revision under the terms of article 6.2 of these General Terms and Conditions of Sale.

    6.2 Price revision

    At PARTOO’s discretion and after the twelve-month period, the price set out in Article 6.1 may be revised unilaterally by PARTOO at any time. The price revision must be notified to the Client by email and will take effect on the first due date for payment of the price following the notification.

    6.3 Method of payment

    Payment of the Price is portable; the Client must send PARTOO payment of the Price for the entire contractual period by the means of payment made available to him on www.mybusiness.partoo.co.

    ARTICLE 7 – RESPONSIBILITIES

    PARTOO’s liability is limited to the amount actually paid by the Client since the last renewal of the contract under the conditions set out in Article 3.

    The Client alone determines the Data he wishes to communicate via the Platform. The Customer is solely and entirely responsible for the legal and financial consequences of the Data disseminated. The Client guarantees PARTOO against any action for eviction, claims, counterfeiting, infringement of third party rights, unfair competition, parasitism or against any action brought against PARTOO on account of the Data. The Client undertakes to indemnify PARTOO for the full amount of any damages or fines to which PARTOO may be condemned, including in the event of an appeal in warranty, as well as the amount of the transaction and the legal fees to which PARTOO may have been exposed.

    ARTICLE 8 – REFERENCES

    PARTOO is authorised to mention its collaboration with the Client on all forms of communication, during interviews or on a list of commercial references. 

     

    ARTICLE 9 – SUSPENSION OF OBLIGATIONS

    In the case of force majeure, the obligations of both parties will be suspended.

    By express agreement, constituting a force majeure, disturbances of the telecommunications network as well as all attributable unavailability which is not caused by the Supplier and is out of its control.

    In the case that force majeure persists for longer than sixty (60) days, the present contract may be automatically terminated by one of the other parties. 

    ARTICLE 10 – TERMINATION FOR FAILURE OF A PARTY TO PERFORM ITS OBLIGATIONS

    In the event of non-respect of these obligations in the present contract by either party, it may be terminated according to the aggrieved party.

    It is expressly understood that this termination will take place by law, one (1) month after the sending of a letter of formal notice, wholly or partially, has no effect. The formal notice must be sent by registered letter with acknowledgement of receipt.

    By way of exception, PARTOO may decide to automatically and without delay terminate the Contract in the case of a breach of Article 5.4. The Supplier will inform the Client by registered letter with acknowledgement of receipt.

    ARTICLE 11 – PERSONAL DATA

    Each Party acknowledges that it is aware of the legal and regulatory obligations incumbent upon it under the Personal Data Law and in particular the General Regulations on Data Protection (RGPD) n°2016/68, and of all regulations and recommendations respectively applicable to the Parties, and shall ensure that it keeps itself informed of changes in regulations throughout the duration of this Contract and complies with them.

    PARTOO undertakes to process the Personal Data relating to the Client only for the purposes strictly necessary for the performance of this Agreement and to delete them as soon as they are no longer required.

    PARTOO acts as the controller of the processing of personal data and undertakes to comply with all legal and regulatory provisions governing the protection of personal data, and in particular with :

    • To process the Personal Data provided by the Clients solely for the purposes of fulfilling its obligations under the Contract ;
    • To take the necessary measures to ensure the reliability of its employees who have access to personal data;
    • To take technical and organisational measures against any unlawful or unauthorised processing of Personal Data or against the risk of accidental loss or destruction of or damage to the data.

    Only the personal data transmitted by the Client on the Platform will be published on the Partners. The Client may object to this publication by terminating the Contract under the conditions provided for.

    It is specified that some Partners store Data in cache on their servers. Consequently, in the event of termination, the Data may still appear on the Partners.

    ARTICLE 12 – CONFIDENTIALITY

     

    Each of the parties commits to hold all information strictly confidential concerning the other party to which they may have access to within the framework of the present agreement, whatever the method of communication the aforementioned information may be in. Each party particularly commits to respect the confidential character of the methods, processes and know-how of the other Party which they may have knowledge of within the framework of the execution of the present general conditions of sale.

    All commercial, financial or technical information which is not in the public domain is considered confidential in nature.

    The transmitting party of confidential information is considered as the sole holder of all rights regarding this confidential information. The parties commit to use the information, data or documents only for the execution of their respective engagements as part of the present general conditions of sale or at the valid request of the competent authorities.

    In the case of a violation of the present obligation by one of the parties, the other party will be able to terminate within the conditions stipulated in article 9 of the present document.

    In addition, taking into account the personal nature of the information which could be communicated within the framework of the execution of the present general conditions of sale, the Parties commit to ensure that the aforementioned information is communicated in strict compliance with the dispositions of the “IT and Liberty” law of the 6th of January 1978, and more generally with any current regulations.

    ARTICLE 13 – TITLES

    Titles only have convenience value. In the case of contradiction between the title and the body of an article, it is understood that the body of the article prevails.

    ARTICLE 14 –  ATTRIBUTION OF JURISDICTION

    The parties intend to give exclusive jurisdiction to the Paris Commercial Court for any dispute concerning the validity, interpretation, execution or breaking of the present contract.

Référencement local | E-reputation | Google My Business | SEO local | Avis | Facebook | TripAdvisor | Waze 

Partoo

157 Boulevard Macdonald, 75019 Paris

09 72 65 95 86

contact@partoo.fr

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