GENERAL CONDITIONS OF USE

The original version of this document is in French. Should there be a conflict between the translation of this document and the original version, the latter shall prevail.

Latest revision: 9 June 2016

LEGAL INFORMATION

The headoo.com website and the services on these pages are provided by:

Headoo SAS
Address: 8 rue de l'Isly
Postcode: 75008 Paris
Country: France

CONFIDENTIALITY

We take your privacy seriously. We have drafted our Confidentiality Policy in an aim to inform you of Headoo's information sharing, as well as of the data that we gather and the use we make of it. We encourage you to read the Confidentiality Policy and to use it in order to make your decisions knowingly.

SHARING YOUR CONTENT AND YOUR INFORMATION

The content and the information that you post on Headoo belong to you.

  1. For content protected by intellectual property rights, such as photos or videos ("intellectual property"), you specifically grant us the following permission: you grant us a non-exclusive, transferable, sub-licensable, fee-free global licence for the use of the intellectual property content you post on Headoo or in relation with Headoo ("intellectual property licence"). This intellectual property licence is terminated when you delete your intellectual property content or your account, unless certain content on your account is shared with other people who have not deleted it.
  2. When you delete your intellectual property content, this content is deleted similarly to when you empty the trash on a computer. However, you understand that deleted content may still exist in backup copies for a certain amount of time (but that it is not available).
  3. When you use an application, your content and your information are shared with this application. We require applications to protect your privacy. Your agreement as to the use of the application determines the way in which the application may use, store and transfer said content and said information.
  4. We appreciate your comments and your suggestions about Headoo, but you understand that we can use them without any obligation to provide remuneration (just like you have no obligation to give them to us).

PROTECTION OF YOUR PERSONAL DATA

Pursuant to the French "data protection" law no.78-17 of 6 January 1978 amended in 2004, HEADOO has declared the collection and processing of your personal Data to CNIL. All the information that you have provided to HEADOO at your visits to our Website and our Applications is strictly confidential. This information is necessary for the purpose of its processing such as sending emails enabling you to access your content in your private space, as well as for the commercial relations we maintain with you.

  1. What information is collected? 
    The Data that we collect may include your data referred to as personal data, as it identifies you as a particular person. Conversely, certain data does not identify you, such as your occupation or your browsing data (the type of browser, Device and operating system, the path followed on the Website and the Applications etc.). Some information is compulsory and other information is optional.
  2. For what purposes is your data used?
    The Data will be used by our internal departments to send emails enabling you to access your content in your private space, to strengthen and personalise communications in particular by information letters/emails as well as within the framework of personalising the Website and Applications according to your observed preferences.
  3. What information do we share with third parties?
    We undertake not to disclose the information you have provided us with to third parties. The information that you provide us with is exclusively used by our internal departments and will under no circumstance be transferred or sold to third parties. Therefore, HEADOO will never pass on your personal Data to a Third Party which is likely to use it for the purposes of direct advertising, except if you have explicitly given your prior consent.  HEADOO may transfer certain data, in particular personal data, to third parties in a secure manner to accomplish the procedures we have been instructed to carry out. HEADOO may also communicate this data to respond to an injunction from the legal authorities.
  4. Hosing of your personal Data?
    The Internet is a network of global networks. Consequently, before reaching our servers in France, Data from your Device has already transited from servers located across the world, independently from any action by HEADOO. HEADOO is present throughout different countries but your Data is only stored on secure servers located in France. Sub-contractors and service providers will be bound by contract with HEADOO which will ensure a high level of Data protection confidentiality, will require that it implements all the necessary technical measures to keep the personal Data secure and will guarantee the same high level of personal Data protection as required by HEADOO.
  5. What are your rights? 
    The Headoo platform contains name information concerning its beneficiaries. It has therefore been subject to a declaration to CNIL (number 1675050). Pursuant to the law no. 78-17 of 6 January 1978 relating to data protection, you can access the personal information which concerns you and which is held by Headoo at any time, and request its modification or deletion (by sending an email to contact@headoo.com). Therefore, you can irrevocably request that information concerning you which is incorrect, incomplete, ambiguous, expired or of which the collection, use, communication or retention is forbidden be rectified, amended, clarified, updated or deleted.

    • By email to contact@headoo.com/li>
    • By post to the following address:

    • Headoo
      8 rue de l'Isly
      75009 Paris

Should you make a request to delete your Data, we may retain it in our archives for the necessary period to satisfy our legal, accounting and tax obligations.

SECURITY

We do everything possible to make Headoo a secure service, but we cannot guarantee absolute security. To do so, we need your help, which includes the following obligations:

  1. You will not use Headoo to distribute your sales communications without authorisation.
  2. You will not obtain information concerning users or the content they post, and will not access Headoo using automated methods (such as robots, spiders, etc.) without our permission.
  3. You will not perform marketing or other pyramid style activities on Headoo.
  4. You will not upload any viruses or other malicious codes.
  5. You will not request login information and will not access an account belonging to someone else.
  6. You will not intimidate or harass other users.
  7. You will not post content: inciting hatred or violence, which is threatening, pornographic in nature or containing nudity or gratuitous violence.
  8. You will not develop or operate an application containing or promoting content relating to alcoholic drinks or which is for adults (including advertising) without age restricted access.
  9. You will not use Headoo for the purposes of an illicit, illegal, malicious or discriminatory activity.
  10. You will not act in a manner which could deactivate or otherwise prevent the smooth operation of the Headoo Service (such as a denial of service attack).
  11. You will not allow or encourage infringement of this Declaration.

REGISTRATION AND ACCOUNT SECURITY

Headoo users give their real name and true information concerning them and we request that you help us so that this does not change. Here are a few conditions that you undertake to observe for registration and the security of your account:

  1. You will not provide false personal information on Headoo.com and will not create an account for another person without his authorisation.
  2. You will only create one personal profile.
  3. If we delete your account, you will not create another without our authorisation.
  4. You will not use your personal profile for commercial purposes.
  5. You will not use Headoo if you are under 14 years old.
  6. You will not use Headoo if you must register with the local authorities due to a conviction for a sexual offence.
  7. You will enter your accurate, up-to-date contact details.
  8. You will not pass on your password (or for developers, your secret key), allow anyone to access your account or do anything which may compromise the security of your account.
  9. If you select a user name for your account, we reserve the right to remove it if we deem it inappropriate (for example, when the owner of a commercial brand complains about a user name which does not match this user's real name).

PROTECTION OF OTHERS' RIGHTS

We respect others' rights and we request you do the same.

  1. You will not post content and will not undertake anything on Headoo.com which could infringe others' rights or otherwise infringe the law.
  2. We can withdraw the content or information which you post on Headoo.com if we deem it to infringe this Declaration.
  3. If we withdraw your content due to the infringement of a third party's copyright and you deem that it is an error, we will also provide you with the means to appeal.
  4. If you infringe the intellectual property rights of third parties more than once, we may delete your account.
  5. You will not use our brands (such as Headoo, Headoo.com and the Headoo logo etc.) or any other similar brand which could lead to confusion, without our written permission.
  6. If you obtain information from users: you will obtain their consent and will make it clear that it is you (and not Headoo) who is gathering this information, and you will publish our privacy policy indicating the information gathered and the use that is made of it.
  7. You will not post official documents or financial information concerning others on Headoo.
  8. You will not identify people who do not use Headoo and will not send them electronic messages without their consent.

COOKIES AND OTHER TRACERS

As simple indicators of connection, cookies and other tracers (Local Storage) are non executable text files left on your computer's connection terminal when you visit a website. These files are anonymous and it is not possible to identify the web user visiting a website from these cookies or other tracers.

Most recent browsers enable users to decide whether they accept or reject cookies and other tracers (hereinafter referred to as «Cookies») and to choose their retention time (see practical conditions below). However, we would like to draw your attention to the fact that rejecting Cookies may disrupt the use of «headoo.com» as well as your browsing on other websites.

Why cookies?

« headoo.com »and/or its partners place one or more "cookies" by default on your computer or your connection terminal, for the purposes of facilitating your browsing, keeping your search criteria and creating visit statistics. Sharing content on social networks is based on services offered by third party sites. These functions place cookies which enables these websites to trace your browsing.

The validity time for consent to place Cookies is 12 months. On expiry of this period, your consent is gathered again.

Deleting cookies saved on your computer

Irrespective of your browser, you remain free to delete the cookies stored in your browser at any time. How do you destroy cookie files already installed on your computer?

Open your web browser:

  1. If you use Mozilla Firefox, go into "options" and select "privacy". Click on "delete specific cookies".
  2. If you use Internet Explorer, go into "tools" and select "Internet options". In the "general / browsing history" tab, click on "settings", then the "display files" button. Browse the list until you see files beginning with the prefix "cookie". Select and delete those you wish to.
  3. If you use Safari, go into "Windows" and select "preferences". In the "security" tab of the window which opens click on "display cookies", then "delete all".
  4. If you use Google Chrome, go into "tools" and select "history", then "clear browsing data". From there, you can delete your cookies.
  5. Once this step is complete, if you wish to prevent any new Cookie from being installed, follow the procedure shown at the next point.

Managing cookies and configuring your browser

Irrespective of your browser, you remain free to opt out of cookies being saved. You are however informed that access to certain services and sections of the websites that you visit may then be altered.

How do you opt out of cookies being saved?

You have to configure your browser. This configuration is most often done from the "tool" menu and "internet option" then "privacy" or "confidentiality" on your browser.

Open your web browser:

  1. If you use Mozilla Firefox, choose the "tool" menu then "Options", click the "privacy" icon, identify the "cookie" menu and select the options which suit you. You can also view the cookies in place.
  2. If you use Microsoft Internet Explorer, choose the "Tools" menu then "Internet options", click the "Confidentiality" tab and select the level desired using the cursor.
  3. If you use Safari, choose "General Safari settings", then "Security" and you can then decide to accept, reject or view the cookies in place.
  4. If you use Google Chrome, choose the "History" menu then "Preferences" then "Privacy".
  5. For more information about personal data protection, please view the legal provisions available on the Commission nationale de l'informatique et des libertés (CNIL) website via the following link: cnil.fr.

MOBILE

  1. We currently offer free mobile services. However, the rates applied by your operator, and for sending text messages, remain at your cost.
  2. Should you change mobile telephone number or deactivate your mobile telephone account, you must update your account no Headoo.com within 48 hours, in order to ensure that the messages intended for you are not sent to the person to whom your old telephone number has been assigned.
  3. You grant all the rights necessary to enable users to synchronise (including from an application) their contact list with all the basic information and the contact details to which they have access on Headoo.com as well as your name and profile photo.

PAYMENTS AND TIPS

  1. If you make a payment on Headoo.com or use Headoo credits, you accept to comply with our Payment Conditions.

ABOUT ADVERTISING AND OTHER COMMERCIAL CONTENT PUBLISHED BY HEADOO

Our aim is to offer advertising in a manner that is beneficial to advertisers but also to users. To do so, you accept the following conditions:

  1. You can use your confidentiality settings to limit the way in which you may be associated with commercial content, sponsored content or other content (such as a brand that you say you like) that we publish. You give us permission to use your name and your profile photo in connection with this content, in compliance with the limits that you have established.
  2. We do not give your content or your information to advertisers without your consent.
  3. You understand that we cannot always identify communications and services paid for as such.

TERMINATION

If you infringe the letter or the spirit of this Declaration, or otherwise create a risk of proceedings against us, we can stop providing you with all or part of the Headoo services. We will alert you by email or the next time you login to your account. You can also delete your account or deactivate your application at any time. If applicable, this Declaration will become obsolete, but some conditions will remain in effect.

DISPUTES

  1. You must make any complaint ('complaint') relating to this Declaration or Headoo exclusively to the Court of Paris, France. French law is applied to this Declaration, as to any proceeding between you and us, without regard to the principles of conflict of laws. You accept to observe the jurisdiction of the Courts of Paris, France, within the framework of such proceedings.
  2. In the event of a complaint against us based on your actions, your content or your information on Headoo, you will indemnify Headoo against any loss, liability, claim, request, costs and fees, including reasonable legal fees, relating to this complaint.
  3. We endeavour to provide headoo in a faultless and safe environment, but you use it at your own risk. We provide headoo "as is" without explicit or implicit guarantees, including implicit guarantees of merchantability, suitability for a particular use or non-violation. We do not guarantee that headoo is safe and secure. Headoo does not assume any liability for third party actions, content, information or data, and you release headoo, its management members, the members of its board of directors, its employees and its agents from any liability in the event of complaints or damages, known and unknown, issuing from or related to complaints or damages against these third parties. We cannot be held liable for the loss of profit or any other consecutive, special, indirect or consequential damage, if it results from this declaration, even if Headoo has been informed of the possibility of such damage. The total aggregate sum of our liability towards you within the framework of this declaration or Headoo may not exceed the sum paid by you over the 12 previous months or 100 euros, the higher amount being applied. As applicable law cannot authorise the limitation or exclusion of liability or incidental or consecutive damage, the limitation or exclusion above may not apply to your case. In such cases, Headoo's liability will be limited to the maximum permitted by applicable law.

SPECIFIC TERMS FOR USERS OUTSIDE FRANCE

We will try to create a community without borders with consistent standards for all, complying with local law. The following terms apply to users outside France:

    You accept that your information will be transferred, stored and processed outside you native country.

DEFINITIONS

  1. « Headoo » means the functions and services that we make available, via (a) our website at headoo.com or another co-branded Headoo websites (including sub-domains, international versions, widgets and mobile versions) (b) our platform and (c) existing social modules, software, equipment or networks or those that will be developed in the future.
  2. By « Platform », we mean a set of API interfaces and services which enable users to retrieve Headoo data or to provide us with data.
  3. By « information », we mean the content and information concerning you, such as the personal data that you enter on the site.
  4. By « content », we mean any other text or media, such as photos of you that you store on Headoo in a secure manner, which do not meet the definition of « information ».
  5. By « data »,we mean the content and information that third parties can retrieve from Headoo or provide to Headoo through the Platform.
  6. By « post » or « publication »,we mean what you post on Headoo or otherwise make available to us (such as using an application).
  7. By « use » ou « utilisation », we mean copying, publication, distribution, modification, translation and creation of derived works.
  8. By « active user», we mean a user who has logged in to his Headoo account at least once in the past 30 days.
  9. By « application », we mean an application or a website which uses or accesses the Platform, or any other system which receives or has received data from us. If you can no longer access the Platform but you have not deleted all the data that you have received from us, the term "application" will apply until the data is deleted.

OTHER

  1. This Declaration constitutes the entire agreement between the parties concerning Headoo and supersedes any previous agreement.
  2. If part of this Declaration is made invalid or not applicable, the rest will remain in effect and applicable.
  3. Our failure to have this Declaration applied cannot be considered as a release.
  4. Any amendment or waiver to this Declaration must be established in writing and signed by us.
  5. You cannot transfer the rights or obligations incumbent on you within the framework of this Declaration to a third party without our consent.
  6. All the rights and obligations within the framework of this Declaration can be transferred by us within the framework of a merger or acquisition, the sale of our assets, a request from the courts or in other cases.
  7. No provision of this agreement can prevent us from observing the law.
  8. This Declaration does not confer any right to third party beneficiaries.
  9. You must comply with all the applicable laws when you use Headoo or access it.

BROWSERS AND DEVICES SUPPORTED

We support the latest version of the following browsers and OSs. 

Chrome Firefox Internet Explorer Opera Safari
Android Supported Supported N/A Not Supported N/A
iOS Supported N/A N/A Not Supported Supported
Mac OS X Supported Supported N/A Supported Supported
Windows Supported Supported Supported (v11 seulement) Supported Not Supported
On Windows, we only support Internet Explorer 11. We do NOT support IE6, IE7, IE8, IE9, IE10 (just like Microsoft)