Last update on 3 mai 2014 11:46:38 Europe/Paris.
- Portal : Word used to represent the BalleJaune.com reservation service, also available as OpenResa.com.
- Club : Entity represented by one or more Administrative Members. The club is registered with the portal and manages its Member community.
- Member : User connecting to the portal, they may have one or more accounts with several different clubs.
- Administrative member : Inherits Member status. User with full or partial access to the -Administration- section of the portal (President, manager, committee member, chairman, secretary, monitor, etc.).
- Personal information : Any information relating to a physical person who is identified or who can be identified, directly or indirectly, by referring to an identification number or to one or more pieces of information regarding them.
- Netatoo : refers to the company in S.A.S. form, represented by its managing director Simon Martins.
2. Legal Notices
Under the law on confidence in the digital economy, Members of the portal are hereby informed of the identities various stakeholders involved in its implementation and monitoring:
Publisher (since 10/2009):
Netatoo, S.A.S. au capital de 16000€
Listed on the Registry of Commerce and Companies of Nancy, France.
- Represented by its managing director, Simon MARTINS.
31 rue de la Côte
54000 Nancy, France.
Adresse postale :
NETATOO S.A.S. - BP 43606 - 54016 NANCY CEDEX, France
- SIRET : 48782045800015
Online SAS / Poney Télécom
BP 438 75366 PARIS CEDEX 08
RCS PARIS B 433 115 904
BalleJaune is a pioneering concept invented in 2005 by Dominique Nuvoloni.
3.1. The use of the portal implies the automatic, unconditional acceptance by the member of all of these conditions of use, as well as the commitment to comply with them.
3.2. Netatoo reserves the right to modify and supplement these conditions at any time, without notice and without compensation. For informational purposes, the date of the latest update is shown at the top of the page.
3.3. Reconnection and continued use over time of the portal implies the systematic acceptance of the conditions of use and compliance with them. Therefore, it is the responsibility of the member to learn about new updates to these Conditions each time they log into the portal .
3.4. These general conditions include disclaimers and limitations of liability which the member hereby declares to have read.
4. Information collected
4.1. During the use of the portal, the following information is automatically collected from the member:
- the Internet Protocol (IP) address,
- the Internet Service Provider (ISP),
- the name of the web browser (Chrome, Firefox, etc.) and operating system (Windows, Mac OS, etc.).
4.2. In any event, Netatoo does not collect personal information about members (name, address, e-mail address, telephone number) except for the purposes of the services provided by the portal.
4.3. Through administrative members, each club is responsible for its own user database. Except in cases of force majeure or for technical support purposes, Netatoo never will intervene directly on the club database.
4.4. The members provide this personal information in full knowledge of the facts, especially when they enter it themselves. At this time, members are informed if the personal information they are being asked to provide is mandatory or not.
4.5 The member, providing proof of their identity, has the option of requesting from Netatoo, at the email address email@example.com:
- the verification of personal data concerning them that has been the subject of collection by Netatoo or on its behalf,
- information relating to the processing purposes of such data,
- information relating to the identity and geographical location of the recipients of such data,
- the communication of a copy of such data, delivered free of charge, to the extent that such a request is not unreasonable, in particular due to its repetitive and disproportionate nature.
4.6 Netatoo hereby agrees that no personal information about a member of the portal will be exchanged, transferred, disposed of or sold, on any media whatsoever to a third party. Only in the hypothetical case of a takeover of the portal and its rights would allow the transmission of such information to the prospective purchaser, who would in turn be bound by the same obligation to store and modify data with respect to the member of the portal.
4.7 Netatoo reserves the right to perform statistical analyses and studies on the use and type of members of the portal, subject to maintaining the latter's anonymity.
4.8 The administrative member is authorised to conduct statistical studies and analyses of the use and type of members present in the club database, subject to maintaining the members's anonymity.
4.9 The information collected is processed in a general manner and may be published on the homepage of the portal for marketing purposes (e.g., total number of clubs registered, total number of reservations, etc.).
5. Correction of information collected
Accordance with French legal provisions, the member has the right to modify the personal information collected about him/her. To do so, the member can contact their respective club or contact the company Netatoo by:
- email to the address firstname.lastname@example.org,
- mail to the address: NETATOO S.A.S. - BP 43606 - 54016 NANCY CEDEX, France.
In their correspondence, the member shall indicate their name or company name, physical and/or electronic contact info, and where applicable, their reference as a member of the portal (Login ID, club name, etc.). The changes will be made within a reasonable time after the member's request is received, within 24 to 96 hours.
6. CNIL declaration and data protection
6.1. The nature and processing of data collected by the portal have been declared to the CNIL (the French data protection authority) and were made under the rules imposed by the CNIL. A data protection officer has been named (Simon Martins, email@example.com).
6.2. Netatoo hereby agrees to make every effort, to the extent possible, to ensure the security and protection of the data in its possession. In particular, in order to ensure the security of data in transit between the portal and the member, Netatoo has received SSL/TLS certification from DigiCert, Inc.
7.1. In order to ensure an intuitive, customized user experience, the portal uses « cookies » for:
- Member connection and authentication;
- making this connection persistent (-stay logged on- function when logging in);
- saving the club(s) a member is logged in to, in order to facilitate access to different clubs on subsequent visits (automatic redirect, clubs displayed on the homepage, etc.);
- the -public terminal mode- in order to restrict access to certain computers.
7.2. The member hereby acknowledges having been informed of this practice and authorise Netatoo to do so.
7.3. In any event, Netatoo hereby agrees never to disclose the content of these "cookies" to third parties, unless legally required to do so.
8. Access to the portal
8.1. The portal is accessible 24/7, unless otherwise stated or special club configuration (scheduled closure).
8.2. Members connect using a unique Login ID and password, which they agree not to disclose. Netatoo can not be held responsible for the fraudulent use of Login IDs and passwords.
9. Member conduct
9.1. The member and the club hereby agree not to disseminate images, comments, opinions, or information that is defamatory, obscene, violent, racist, and more generally contrary to French legislation in force, to the rights of persons, and public decency.
9.2. If the club allows it, members have the opportunity to post a classified ad in order to find a partner and include a personal photo, as long as they comply with the above rule (9.1).
9.3. In the context of using the messaging system provided on the portal, Netatoo hereby reserves the right to suspend or ban any member or club for misuse of this feature (SPAM).
10.1. The member hereby expressly accepts using portal at his/her own risk and under his/her exclusive responsibility.
10.2. The portal provides member with data for informational purposes only, as is, with all the faults, errors, omissions, inaccuracies and other ambivalences that may exist. In addition, this information must be taken into consideration when it is posted online and not when viewed on the site.
10.3. In any event, Netatoo shall in no event be liable for:
- any direct or indirect harm, in particular with regard to lost profits, lost earnings, lost customers, and data that may, among other things, resulting from the use of the portal, or alternatively, from the inability to use it,
- the content of advertisements and other links or external sources accessed by the member from the sites on the portal,
- content posted online by the club on its home page and its custom pages.
10.4. Netatoo's liability cannot be engaged due to a technical unavailability of the connection, whether it is due in particular to a case of force majeure, to maintenance, updating, or to poor configuration by the club, to an intervention by the host, an internal or external strike, a network failure, a power failure, or a improper configuration or use of the member's computer.
11. Pricing conditions
Netatoo hereby reserves the right to change the prices for subscriptions to the portal. In the event of a change, a club with a valid subscription may demand the previous pricing conditions be applied for the next renewal.
12. Applicable law - Jurisdiction
The General conditions for the portal shall be governed, interpreted, and enforced in accordance with French law. Only the courts of Nancy, France have jurisdiction to hear any disputes relating to these conditions of use and their implementation, including their validity, interpretation, execution, termination and consequences.
13. Amendments to these Conditions
13.1 These Conditions may be modified at any time, in accordance with the Foreword. However, a club with a valid subscription may demand that the conditions in effect at the time of purchase be valid until the end of the current subscription.
13.2 A club without a valid subscription (Bronze offer) can delete their account at any time if they do not accept the new conditions. However, if this deletion does not occur within 3 months from the date of the last update, the new conditions shall be considered accepted.
13.3 A club that registers after the date of the last update shall be deemed to have accepted the new conditions which are applicable to it immediately.
14. Comments and suggestions
You can send comments and suggestions to Netatoo by sending an email to firstname.lastname@example.org.