General TermsEffective Date: 10/01/2023
Article 1 - Object
LEVERGROW develops and operates the LEVERGROW software solution (hereafter: the 'Solution'), aimed at allowing users to optimize their sales by capturing business signals from actors in their professional network.
The Solution is accessible to its users in 'Software as a Service' (SaaS) mode via the LEVERGROW application accessible through the following URL: www.levergrow.com (hereafter: the 'Site').
These general conditions apply without restriction or reservation to any order of services (hereafter: the 'Services') from LEVERGROW. They aim to define the terms and conditions for providing the Services to the client identified in the Quote(s) referred to in Article 3 (hereafter: the 'Client').
Together with the Quote(s), they form an inseparable contractual package. In case of contradiction, the provisions of the Quote(s) prevail over these general conditions.
In case of contradiction between different Quotes, the most recent document prevails over the older ones. The Contract prevails over all other general or special conditions not expressly agreed upon by LEVERGROW.
Article 2 - Platform and Services Reserved for Professionals
The Platform and Services are designed for and intended for professional use and are thus exclusively aimed at professionals within the scope of their activity.
Article 3 - Ordering Services and Acceptance of General Conditions
Prior to the provision of the Services, it is the Client's responsibility to provide LEVERGROW with useful information and documents to identify their needs and expectations. Based on this, LEVERGROW will issue one or multiple Quotes. The Quote will indicate the price and any special terms for the provision of Services negotiated according to the Client's needs.
Unless otherwise stated, Quotes issued by LEVERGROW are valid for one month from their issue date. If not validated by the Client within this period, they will expire. The Client wishing to order the Services must validate the corresponding Quote within the above deadline, by any useful written means, including email.
Any validation of a Quote, express or implied, implies full and complete acceptance of these general conditions, in their version in effect on the date of the concerned Quote. Any acceptance with reservations is considered null and void. The Client who does not agree to be bound by these general conditions should not order Services from LEVERGROW.
In case of modification of the Services or a new order, a new Quote is issued. The provisions of this new Quote prevail over those of the old one. If not indicated in the new Quote, the commitment periods remain identical to the first Quote.
Article 4 - Contractual Documents
The contractual documents are, to the exclusion of all others:
- These general conditions;
- Their Appendices:
In case of contradiction between these general conditions and their appendices, the latter will prevail for the interpretation of the obligation in question. The Appendices have equivalent legal value among themselves.
The contractual documents express the entirety of the Parties' agreement as of their signing date. They cancel and replace any previous agreement, letter, offer, or other written or oral document having the same object.
Article 5 - Description of Services
LEVERGROW offers its Clients to capture on its CRM software, via its Solution, business signals such as the following information:
- Job changes of people professionally linked to actors in the Client's professional network;
- Appointments of people professionally linked to actors in the Client's professional network;
- Number of open positions within companies in the Client's professional network;
- New tools and technologies adopted within companies in the Client's professional network;
- Fundraising within companies in the Client's professional network;
- Publications of all kinds on the social networks of companies in the Client's professional network
Depending on the Services desired by the Client, LEVERGROW configures the Client's interface according to their needs and sends the Client their username and password.
These business signals are accessible to the Client on their software via the Solution, the Client being able to access their interface at any time after identifying themselves with their access codes. The Client commits to personally use the Services and not to allow any third party to use them on their behalf or for their account, except to bear full responsibility for it. They are likewise responsible for maintaining the confidentiality and must ensure the security of their access codes, any access to the interface using these being deemed to be carried out by the Client. The latter must immediately contact LEVERGROW if they notice that their interface has been used without their knowledge. They acknowledge LEVERGROW's right to take all appropriate measures in such a case.
Article 6 - Duration
The license for using the Solution and all the Services provided herein are subscribed to by the Client in the form of a subscription (hereafter: the 'Subscription'), the initial duration and start date of which are indicated in the Quote. However, the Client will have access to the Services from the day of subscription of the Services, using their username and password, in accordance with the terms of these general conditions.
This subscription will then automatically renew for successive periods of the same duration, under the same terms and conditions, unless terminated by either Party, sent to the other Party by registered letter with acknowledgment of receipt, at least 3 (three) months before the expiration of the concerned period.
The initial duration and the renewal periods of the subscription will hereinafter jointly be called the 'Subscription Periods'.
In any case, the termination of the Subscription is done via the Client Account and takes effect at the end of the Subscription Period during which the request is sent. It results in the closure of the Client's interface.
Article 7 - License for Using the Solution
7.1 Scope of the License
LEVERGROW grants the Client, worldwide and for the duration specified in the article 'Duration', a non-exclusive, personal, and non-transferable license to use the Solution, in its existing version as of the date of these terms and in any future versions, as well as its technical documentation, in SaaS mode, solely for the purpose of providing the Services and for the users specified in the Quote, whom the Client has previously authorized to use the Solution (hereafter: the 'Users').
Any request for modification of the Solution's settings and/or addition of new Services and/or new Users and/or new features by the Client will be subject to a specific order. If the Parties agree on the conditions, including financial terms, for adapting the present license, these may eventually be detailed in an additional Quote, which will be added to Appendix 1, updated for this purpose.
7.2 Conditions for Using the Solution
The aforementioned license is granted solely for the purpose of using the Solution by the Client, according to the terms provided herein and in the Quote, for their own needs and by the Users only.
The Client prohibits and will ensure that Users also prohibit:
- Reproducing, arranging, adapting any part of the Solution;
- Carrying out any form of commercial exploitation of the Solution with third parties;
- Assigning, providing, lending, renting the Solution, granting sub-licenses or other usage rights, or more generally, communicating to a third party or affiliated company any part of the Solution;
- Integrating any part of the Solution into any computer system or any other software solution other than those provided for under this contract;
- Transmitting the Solution, networking it, especially on the internet, outside of the Site, or distributing it in any other form, without the prior written authorization of LEVERGROW.
The right to use is granted to the Client only subject to the full effective payment of the prices agreed upon in the article 'Financial Conditions'.
Article 8 - Implementation of the License
Once the Services subscription is complete, LEVERGROW opens an account for the Client, allowing them to manage their use of the Services via the Solution (hereafter: the 'Client Account'). The Client is responsible for selecting the Users who have access to the Solution, up to the maximum number specified in the Quote, and for defining the data and information they can access. The Client also designates one or more administrators for the Solution (hereafter: the 'Administrators') and provides LEVERGROW with a list of their names and email addresses so that accounts can be opened for them (hereafter: the 'User Accounts'). The Client is solely responsible for ensuring that Users maintain the confidentiality of their login credentials. Any use of the Solution with these credentials is presumed to have been performed by the corresponding Users. If the Client becomes aware of unauthorized use of a User Account, they must immediately contact LEVERGROW.
Article 9 - Solution Maintenance and Technical Support
9.1 Corrective Maintenance
The objective of corrective maintenance is to fix anomalies in the Solution during the contract duration. Anomalies are categorized into Critical, Major, and Minor. The Client can report anomalies to LEVERGROW by email. LEVERGROW will diagnose the anomaly within 48 hours and will correct it according to its severity: Critical within 24 hours, Major within 2 business days, and Minor within 3 to 4 business days.
- « Anomalie Critique » : Anomalie rendant impossible l’utilisation totale de la Solution ;
- « Anomalie Majeure » : Anomalie diminuant l’utilisation de la Solution en empêchant l’utilisation de certaines fonctionnalités essentielles ;
- « Anomalie Mineure » : toute Anomalie mettant le Client dans l’impossibilité d’utiliser une ou plusieurs fonctionnalités non essentielles de la Solution.
Le Client pourra signaler à LEVERGROW toutes Anomalies par email à l’adresse de contact suivante : firstname.lastname@example.org. Le Client s’efforcera de donner le maximum d’informations, notamment les difficultés rencontrées et les circonstances dans lesquelles elles sont intervenues, de nature à permettre à LEVERGROW de caractériser l’incident. La réception de cette notification vaut signalement d’une Anomalie.
LEVERGROW procèdera alors au diagnostic de l’Anomalie, en vérifiant notamment si elle a pour origine la Solution et, le cas échéant, procédera à la qualification de l’Anomalie en Anomalie Critique, Majeure ou Mineure. LEVERGROW informera le Client, par email des résultats de ce diagnostic dans un délai de 48 heures (ci-après : la « Date du Diagnostic »).
S’il s’avère que l’Anomalie a pour origine la Solution, LEVERGROW s’engage à mobiliser les moyens nécessaires pour la corriger dans les délais suivants :
- Anomalie Critique : dans les 24 heures suivant la Date du Diagnostic ;
- Anomalie Majeure : dans les 2 jours ouvrés suivant la Date du Diagnostic ;
- Anomalie Mineure : dans les 3 à 4 jours ouvrés suivant la Date du Diagnostic.
Ces délais s’effectuent dans le cadre des plages d’intervention de LEVERGROW, à savoir entre 8 heures et 18 heures pendant les jours ouvrés. Un jour ouvré s’entend d’une période ininterrompue de dix (10) heures, du lundi au vendredi, entre 8 heures et 19 heures. Tout délai ayant débuté au cours de cette tranche horaire expirera à la même heure le dernier jour ouvré du délai.
9.2 Evolutive Maintenance
LEVERGROW commits to providing the Client with updates and new versions during the contract duration.
- de toutes améliorations des fonctionnalités de la Solution, en rapport avec son ergonomie, sa rapidité d’exécution ou son efficacité, et/ou de toutes révisions visant à introduire des extensions mineures de la Solution (ci-après : les « Mises à Jour »),
- de toutes modifications de la Solution et de la documentation y afférente par l’ajout de nouvelles fonctionnalités (ci-après : les « Nouvelles Versions »).
La nature et la régularité de ces Mises à Jour et Nouvelles Versions seront laissées à la libre appréciation de LEVERGROW.
Les Mises à Jour pourront être effectuées automatiquement et sans information préalable, ce que le Client accepte expressément.
LEVERGROW informera préalablement le Client, par tout moyen écrit utile et notamment par email, de toute Nouvelle Version de la Solution au minimum quinze (15) jours ouvrés avant son installation.
9.3 Technical Support
LEVERGROW offers technical support for any questions related to the use of the Solution, accessible by email from Monday to Friday, 8 AM to 6 PM.
9.4 Hosting of the Solution
LEVERGROW commits to hosting the Solution on servers located within the European Union and to ensuring sufficient storage and processing capabilities for its operation.
Article 10 - Financial Conditions
The subscription price, including the price of Services and the license, is indicated in the Quote. LEVERGROW reserves the right to offer promotional prices or discounts.
10.2 Currency and Exchange Rate
Unless stated otherwise, prices are in euros and exclusive of taxes.
10.3 Price Revision
LEVERGROW can revise the prices and will inform the Client at least 45 days before the new prices take effect.
10.4 Billing and Payment
Services are invoiced and are payable 30 days end of the month. Payment methods are specified in the Quote.
10.5 Late and Non-payment
Any payment delay will result in immediate suspension of Services and may incur additional charges.
Article 11 - Client Obligations and Guarantees
Without prejudice to other obligations set forth herein, the Client agrees to respect the following obligations:
11.1 The Client commits to providing LEVERGROW with all necessary documents, elements, data, and information for the execution of the latter's obligations under this contract.
More generally, the Client commits to actively cooperate with LEVERGROW for the proper execution of this contract and to inform it of any difficulties related to this execution.
11.2 The Client declares having received from LEVERGROW, prior to signing this agreement, all necessary advice, instructions, and clarifications to subscribe to this contract knowingly. The Client thus has sufficient understanding of the characteristics and functionalities of the Solution, and has sufficiently communicated with LEVERGROW to ensure that the SaaS service meets their expectations, needs, and constraints.
The Client commits to informing the Users of the existence of the Solution and to providing them with all useful information for proper usage and easy access.
11.3 The Client commits to respecting current laws and regulations in their usage of the Solution and Services, and not to infringe upon third-party rights or public order. They commit to ensuring that Users respect these general conditions.
They guarantee against any misuse, non-compliant use, or illicit use that Users might make of the Solution, particularly against infringements of current laws and regulations. The Client is thus solely responsible for implementing all procedures intended to prevent or repair the commission of such acts.
The Client is solely responsible for fulfilling all formalities, particularly administrative, fiscal, and/or social, and all payments of contributions, taxes, or duties of all kinds incumbent upon them, if applicable, in relation to their use of the Solution and Services. LEVERGROW's responsibility can in no case be engaged in this regard.
11.4 The Client is solely responsible for their use of the Solution and Services, and more particularly for the use of the Solution and Services by the Users themselves, for whom they guarantee, as well as for all disputes or litigation having for cause or origin the use of the Solution and Services. LEVERGROW's responsibility can in no case be engaged in this regard.
It is also the Client's responsibility to alert LEVERGROW of any attack, potential threat, or attempted third-party intrusion into User Accounts.
11.5 The Client is informed and accepts that the use of the Solution and the implementation of the Services require an internet connection, and that the quality of the Services directly depends on this connection, for which they are solely responsible.
11.6 The Client prohibits themselves from monetizing, assigning, conceding, or transferring all or part of their rights or obligations under this agreement to any third party, including if this third party has a direct or indirect link with the Client or one of the Users, in any manner whatsoever.
11.7 The Client guarantees LEVERGROW against all complaints, claims, actions and/or any demands that it could suffer due to the violation, by the Client, of any of its obligations under the terms of this contract. The Client commits to paying LEVERGROW all costs, charges, and/or convictions they may have to bear as a result.
Article 12 - LEVERGROW Obligations and Responsibilities
Without prejudice to other obligations set forth in the contract, LEVERGROW commits to respect the following obligations:
12.1 LEVERGROW commits to executing its obligations under this contract with diligence and according to best practices, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Client acknowledges and expressly accepts.
12.2 LEVERGROW commits to providing the Client with competent personnel and to giving the Client the necessary advice, warnings, and information for the proper execution of this contract and the provision of Services. It also commits to informing the Client of any foreseeable difficulty, particularly regarding a difficulty in implementing the Solution and Services or their proper functioning.
12.3 LEVERGROW is entirely and exclusively responsible for executing the Services entrusted to it under this agreement, for which it has complete control. It is the sole judge of the material and human resources it allocates to the Services to ensure their proper execution.
LEVERGROW is thus solely responsible for hiring or resorting to any employees it decides to allocate to the provision of Services (hereinafter: the 'Employees'). It commits to ensuring that they have the necessary skills and to providing any required training to its staff.
Employees will remain under the exclusive direction, authority, and responsibility of LEVERGROW.
The Client can in no case be considered the employer of the Employees, LEVERGROW guaranteeing the Client against all complaints, claims, actions, and/or any demands that they could make in connection with their intervention within the framework of the Services.
12.4 LEVERGROW commits to making its best efforts to ensure the security of the Solution, the Client Account, and User Accounts. It guarantees exclusive access for Users to their User Accounts and prohibits itself from communicating their content to any third party.
LEVERGROW's responsibility cannot, however, be engaged in case of malicious intrusion into the storage space reserved for the Client, provided that it is not demonstrated that the security measures it has put in place were seriously deficient.
Furthermore, LEVERGROW cannot be held responsible for any lack of vigilance on the part of Users in maintaining the confidentiality of their username and password.
12.5 LEVERGROW commits to using the information, documents, data, and more generally all elements that may be transmitted to it in the context of this agreement only for the purposes of executing this agreement and not to disseminate or share them with any third party, except upon express request or agreement from the Client.
It guarantees the Client perfect preservation of these documents, elements, data, and information for the duration of this agreement and commits to destroying them or returning them to the Client, upon request from the latter, at the end of this agreement.
LEVERGROW prohibits itself from using this data for prospecting or commercial solicitation purposes. More generally, it therefore prohibits itself from reusing all or part of this data in any form whatsoever and from diverting it from its purpose, namely the execution of the Services provided for herein.
The Client expressly acknowledges having consulted and analyzed the above measures and deems them sufficient to ensure that LEVERGROW respects its obligation of security and confidentiality specified above.
12.6 LEVERGROW certifies that it holds an insurance policy guaranteeing its professional civil liability. It commits to keeping this insurance policy in force for the duration of this contract.
12.7 LEVERGROW's intervention is limited to the sole provision of the Services, to the exclusion of all others. In this regard, the Client acknowledges and accepts that the Services are provided to them personally, LEVERGROW not intervening in any way in relations between the Client and Users or any other third party, not maintaining any relationship with them, and not providing them with any service.
The Client commits to putting LEVERGROW out of harm's way in all disputes or litigation between said persons and to making their resolution their own business.
12.8 The services defined herein are provided by LEVERGROW as is and without any warranty of any kind, express or implied. LEVERGROW does not guarantee the Client (i) that the Solution and Services, subject to constant research to improve their performance and progress, will be completely free of errors, flaws, or defects, (ii) that the Solution and Services, being standard and not proposed solely for the Client based on their own personal constraints, will specifically meet their needs and expectations.
12.9 LEVERGROW commits to regularly conducting checks to verify the functioning and accessibility of the Solution. In this regard, LEVERGROW reserves the right to temporarily interrupt access to the Solution for scheduled maintenance reasons. Likewise, LEVERGROW cannot be held responsible for temporary difficulties or impossibilities of access to the Solution that have causes external to it, force majeure, or that are due to disruptions in telecommunication networks.
12.10 In any event, the liability that may be incurred by LEVERGROW under this agreement is expressly limited to only direct damages suffered by the Client.
Article 13 - Penalties for Breaches
In case of breach of any of the provisions of these general conditions, or more generally, violation of laws and regulations by the Client, LEVERGROW reserves the right to:
- Suspend, delete or prevent access to the Client's Services, who is the author of the breach or violation, or has participated in it.
- Take all appropriate measures and initiate legal action.
- Notify the competent authorities, cooperate with them, and provide all useful information for the investigation and repression of illegal or illicit activities.
The Client is informed and accepts that the obligation to pay the subscription price as well as related payment obligations are essential for LEVERGROW. Therefore, any breach by the Client of these obligations may result in, in addition to the consequences mentioned above, the immediate termination of these general conditions by LEVERGROW by simple registered letter with acknowledgment of receipt addressed to the Client, the termination then taking effect as of right on the day of receipt or first presentation of this letter. This will result in the closure of the Client's Interface.
Article 14 - Intellectual Property
The Client expressly acknowledges that this contract does not grant them any intellectual property rights over the Solution, which remains the exclusive property of LEVERGROW.
The Client only has a license to use the Solution under the conditions defined herein.
Consequently, all disassemblies, decompilations, decrypting, extractions, reuses, copies and more generally, all acts of reproduction, representation, dissemination and use of any of the elements composing the Solution, in whole or in part, without LEVERGROW's authorization, are strictly prohibited and may be subject to legal proceedings.
Article 15 - Personal Data
1.1 General Provisions
Both Parties undertake to respect, each for their part, the regulations in force applicable to the processing of personal data, in particular Law No. 71-17 of January 6, 1978 (hereinafter: the "Data Protection Act") and European Regulation 2016/679 of April 27, 2016 (hereinafter: the "GDPR").
LEVERGROW practices a policy of protecting personal data, the characteristics of which are explained in the document entitled 'Privacy and Personal Data Protection Policy,' which the Client is expressly invited to read and encourage Users to read.
1.2 Treatments carried out by LEVERGROW as a subcontractor
Within the framework of this agreement, LEVERGROW is authorized to process, on behalf of the Client, the necessary personal data to provide the services defined herein (hereinafter: "Personal Data"), according to the following terms:
- Nature of operations carried out on Personal Data: collection, processing, and hosting of Personal Data within the framework of the execution of this contract;
- Purpose of processing: Implementation of the usage license of the Solution and realization of the Services defined herein;
- Personal Data processed: identification data of the actors targeted by the Client in their use of the Services;
- Categories of persons concerned: actors identified by the Client during their use of the Services;
For the execution of these general conditions, the Client makes available to LEVERGROW the information necessary for carrying out the aforementioned processing.
1.3 Obligations of LEVERGROW as a subcontractor
LEVERGROW commits to:
- process the Personal Data only for the purposes defined above;
- process the Personal Data in accordance with the documented instructions of the Client. If LEVERGROW considers that an instruction constitutes a violation of the GDPR or any other provision of the law of the Union or the law of the Member States relating to data protection, it must immediately inform the Client. In addition, if LEVERGROW is required to transfer data to a third country or to an international organization, under the law of the Union or the law of the Member State to which it is subject, it must inform the Client of this legal obligation before processing, unless the law concerned prohibits such information for important reasons of public interest;
- ensure the confidentiality of the Personal Data processed under this contract;
- ensure that the members of its staff authorized to process the Personal Data:
- commit to respecting confidentiality or are subject to an appropriate legal obligation of confidentiality;
- receive the necessary training in personal data protection.
- take into account, in terms of its tools, products, applications or services, the principles of data protection by design and data protection by default.
- Subcontracting: The Client authorizes LEVERGROW to use another subcontractor (hereinafter, 'the subsequent subcontractor') to carry out specific processing activities, provided that they fulfill their obligations in accordance with the requirements of the applicable regulations on the protection of personal data, in particular the GDPR.
In the event that LEVERGROW uses other subsequent subcontractors, it undertakes to inform the Client in advance and in writing, specifying the subcontracted processing activities, the identity and contact details of these new subsequent subcontractors.
The subsequent subcontractor is required to respect the obligations of LEVERGROW on behalf and according to the instructions of the Client. It is up to LEVERGROW to ensure that the subsequent subcontractor offers the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the GDPR. If the subsequent subcontractor does not fulfill its data protection obligations, LEVERGROW remains fully liable to the Client for the performance by the other subcontractor of its obligations.
- Right to information of the data subjects: It is up to the Client to provide information to the data subjects affected by the processing operations at the time of the collection of Personal Data.
- Exercise of the rights of the data subjects: As far as possible, LEVERGROW must assist the Client in fulfilling its obligation to respond to requests for the exercise of the rights of the data subjects: right of access, rectification, deletion and opposition, right to limit processing, right to data portability, right not to be subject to an individual automated decision (including profiling).
When the data subjects exercise their rights with LEVERGROW, it must send these requests upon receipt by email to the email address communicated for this purpose by the Client to LEVERGROW.
- Notification of personal data breaches: LEVERGROW notifies the Client of any personal data breach within a maximum period of 72 (seventy-two) hours after becoming aware of it and by email, at the address mentioned above. This notification is accompanied by any useful documentation to enable the Client, if necessary, to notify this breach to the competent supervisory authority.
- LEVERGROW's assistance in fulfilling the Client's obligations: LEVERGROW assists the Client, if necessary with regard to the requirements of the supervisory authorities and in particular the National Commission for Informatics and Liberties (CNIL), for carrying out impact analyses relating to data protection and prior consultation with the supervisory authority, as provided for by the GDPR.
- Security Measures: LEVERGROW undertakes to implement appropriate security measures, consisting in particular of:
- the pseudonymization and encryption of Personal Data;
- the means to ensure the confidentiality, integrity, availability and constant resilience of processing systems and services;
- the means to restore the availability of Personal Data and access to them within appropriate deadlines in the event of a physical or technical incident;
- Fate of the data: At the end of this contract, LEVERGROW undertakes, at the choice of the Client, to:
The return must be accompanied by the destruction of all existing copies in LEVERGROW's information systems. Once destroyed, LEVERGROW must justify in writing the destruction.
- destroy all Personal Data or,
- return all Personal Data to the Client or,
- return the Personal Data to the subcontractor designated by the Client.
- Data Protection Officer: LEVERGROW communicates to the Client the name and contact details of its data protection officer, if one has been designated in accordance with Article 37 of the GDPR.
- Register of categories of processing activities: LEVERGROW declares that it keeps in writing a register of all categories of processing activities carried out on behalf of the Client, including:
- the name and contact details of the Client on whose behalf it is acting, of any subcontractors and, where applicable, of the data protection officer;
- the categories of processing carried out on behalf of the Client;
- where applicable, transfers of Personal Data to a third country or to an international organization, including the identification of that third country or international organization and, in the case of transfers referred to in Article 49, paragraph 1, second subparagraph of the GDPR, documents attesting to the existence of appropriate guarantees;
- where possible, a general description of the technical and organizational security measures implemented.
- Documentation: LEVERGROW makes available to the Client the necessary documentation to demonstrate compliance with all its obligations and to allow for the performance of audits, including inspections, by the Client or another auditor mandated by it, and to contribute to these audits.
In the context of such audits, the Client or the auditor mandated by it will not be authorized to access the trade secrets of LEVERGROW, its strategic information or information that LEVERGROW has undertaken to keep confidential. LEVERGROW may oppose any control measure by the Client or the auditor mandated by it that would be likely to give them access to such data or information, without the Client being able to make any claim in this regard. The Client will also ensure that the auditor and, more generally, the staff carrying out this control are subject to appropriate confidentiality obligations.
1.4 Obligations of the Client as a data controller
The Client is obliged to fulfill the obligations that fall upon him under the GDPR, in particular with regard to the obligation to inform the persons concerned by the processing operations at the time of the collection of Personal Data, the maintenance of the processing register implemented, and more generally, compliance with the principles arising from the GDPR.
The Client also undertakes to:
- provide LEVERGROW with the Personal Data referred to in the characteristics of the processing;
- document in writing any instruction concerning the processing of Personal Data by LEVERGROW;
- ensure, beforehand and throughout the duration of the processing, compliance with the obligations provided for by the GDPR on the part of LEVERGROW;
- supervise the processing, including carrying out audits and inspections with LEVERGROW, under the conditions described above.
Article 16 - Commercial References
The Client expressly authorizes LEVERGROW to make use of their name, brand, and logo and references to their website, as commercial references, on any medium and in any form whatsoever, for the duration of this contract and beyond, for a period of 3 (three) years.
Article 17 - Confidentiality
Each Party commits to keeping strictly confidential all documents and information of a legal, commercial, industrial, strategic, technical, or financial nature relating to the other Party or held by it, which it would have become aware of during the conclusion and execution of the present contract, and not to disclose them without the prior written consent of the other Party.
This obligation does not extend to documents and information:
- that the receiving Party was already aware of;
- already public at the time of their communication or which would become so without violation of this agreement;
- that would have been received from a third party in a lawful manner;
- whose disclosure would be required by judicial authorities, in accordance with laws and regulations, or to establish the rights of a Party under this contract.
This confidentiality obligation extends to all employees, collaborators, interns, executives, and agents of the Parties as well as their affiliated advisors and co-contractors, to whom confidential documents or information may only be transmitted if they are subject to the same confidentiality obligation as set forth herein.
This will continue to be in effect for 3 (three) years following the end of the relationship between the Parties.
Article 18 - Applicable Law and Jurisdiction
In the event of the signing of this contract in both the French version and another language, the language of interpretation will be French in case of contradiction or dispute concerning the meaning of a term or provision.
18.2 Applicable Law and Jurisdiction
This contract is subject to French law and will be governed and interpreted according to this law.
Any dispute that may arise concerning its validity, its interpretation, or its execution will be subject to the exclusive jurisdiction of the courts of Paris (France).
In the event of a dispute between the Parties concerning its validity, its interpretation, or its execution, the Parties will endeavor to resolve their disagreement amicably. If no amicable agreement is reached within 2 (two) months following the first notification sent by one Party to the other concerning the dispute, it will be subject to the exclusive jurisdiction of the courts of Paris (France).