LINAGORA website legal information, terms of use and privacy policy

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The LINAGORA website is published & hosted by:
LINAGORA SAS, with capital of 1 552 980 €
Headquarters:
Tour Franklin, 100, terrasse Boieldieu
92042 PARIS LA DEFENSE Cedex
France

SIRET: 431 473 669 00114
Code APE: 6202 A
Phone: +33 1 46 96 63 63

Publishing director:
Mr. Alexandre ZAPOLSKY, President

 

TERMS OF USE

Definitions
Personal data: Within the meaning of the Regulation (EU) 2016/679 of 27 April 2016 (hereinafter “General Data Protection Regulation” or “GDPR”), “any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to its physical, physiological, genetic, psychic identity. economic, cultural or social”. User: A user is defined as any person, acting on their own behalf or on behalf of an organization, who accesses and/or activates the features and services available on the Website. When accessing and/or activating these features and services on behalf of an organization, that organization is also considered a User, and, as such, is fully subject to these Terms and Conditions. Website: Website means the LINAGORA website, accessible at http://linagora.com.

 

Applicability
By accessing the Website and/or activating its functionalities, Users confirm their understanding and their irrevocable and complete acceptance of the applicable terms of use at the time of access to the Website and/or the use of its features. These Terms of Use are applicable to all access to the Website and activation of its features by Users, and constitute the entire agreement between Users and LINAGORA for this purpose. Subject to any applicable free software licenses, no other contractual stipulation, whatever its origin or nature, is applicable to the access and/or activation of the Website and/or its functionalities by a User. The fact that LINAGORA does not prevail at a given moment on one of the present stipulations of these terms of use can not be interpreted as a waiver of any of these stipulations.

LINAGORA reserves itself the right to modify these terms of use at any time without notice.

 

Availability, access and performance
The Website is freely and publicly available for use by LINAGORA. Its features, availability and conditions of access to it may change at any time without notice. LINAGORA reserves the right to stop the Web site and its functionalities, whether for one or for all users.

LINAGORA does not subscribe to any obligation to maintain all or part of the website and / or its features publicly, free and / or freely available to users, and makes no commitment as to the stability or performance at the website and / or its features.

LINAGORA declines any responsibility in terms of continuity, performance, stability, compatibility, quality of use of the Website and its functionalities. LINAGORA can not be engaged in case of:

  • disturbances or failures of the network or of the affectionate charge, performance, stability, compatibility or quality of use of the Website and / or its features ;
  • failures of the technical infrastructure ;
  • response time or delay of intervention for the rehabilitation of the service in case of hardware failure or network incident ;
  • temporary or permanent unavailability of the Website, regardless of the reason for this unavailability ;
  • temporary or permanent inaccessibility of the Website or its features ;
  • temporary or permanent malfunction of the Website.

 

Content of the Website

LINAGORA has not reviewed all websites linked to the Website by hyperlinks, is not responsible for the content of such hyperlinked sites, and makes no warranties or undertakings with respect to such linked Webites. Any access by the User to these third-party sites linked to the Website is at his own risk and peril.

Except as may be otherwise noted, any and all data, information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on or from this Website are the copyrighted works of LINAGORA and its licensors, and LINAGORA and its licensors expressly retain all right title and interest in and to this content, including, without limitation, all intellectual property rights therein and thereto.

Except as expressly permitted, either in the present terms of use or in the specific licenses governing particular materials available from the present Website, any use of the Website content may violate copyright and/or other applicable laws. Any such violation, as well as any infringement of the aforementioned specific licenses, will be prosecuted by LINAGORA to the full extent of the law.

 

User’ Obligations

Users guarantee that their use of the Website:

  • complies with these Terms of Use ;
  • complies with applicable laws and regulations – including, without limitation, Personal Data protection laws – both in the country where the content of the Website is disseminated, and the countries where such Website content is received ;
  • does not participate in any way, directly or indirectly, in a practice harmful, deviant, abusive, illegal and/or repressed by national or international legal or regulatory provisions ;
  • can not directly or indirectly be considered as:
    • promoting, encouraging, or praising the commission of crimes, especially crimes against humanity ;
    • constituting, promoting, or promoting acts of terrorism, child pornography, violence, suicide, the production or use or consumption or distribution of harmful or illegal substances, racial hatred, or messages or racist, xenophobic, revisionist or denialists, either directly or through the trivialization of these acts ;
    • constituting insulting or defamatory remarks, infringements of the right to privacy, image, honor and/or reputation, or the rights of LINAGORA or third parties ;
    • constituting, promoting, or encouraging the attack, intrusion, modification, fraudulent retention in an automated computer processing system, or the unlawful collection, processing, or sending of data belonging to LINAGORA or a third party ;
    • constituting an infringement of LINAGORA’s or third parties’ intellectual property rights (in particular its trademarks, logos, graphic charter, etc.).

In the event that LINAGORA perceives such misuse of the Website, its functionalities or its contents, LINAGORA may prohibit access to the Website to the User concerned, alert any competent authority and provide said authority all information in its possession so that these actions are pursued in the courts.

Please alert LINAGORA of any misuse you may find by sending an e-mail to “legal@linagora.com“.

 

Trademarks

OBM, LinShare, HUBL.IN, OpenPaaS, gSafe, Petals, LinID and LINAGORA and the logos of these products and services are registered trademarks owned by LINAGORA. Any unauthorized use of these trademarks to promote products or services not affiliated with LINAGORA is strictly prohibited and will result in prosecution.

Disclaimer of warranties & limitation of liability

THE WEBSITE AND ITS CONTENTS ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LINAGORA MAKES NO WARRANTY THAT THE WEBSITE OR ITS CONTENTS ARE COMPLETE, ACCURATE OR SUITABLE TO A SPECIFIC PURPOSE. LINAGORA DISCLAIMS ANY AND ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED WITH REGARD TO THE WEBSITE, ITS CONTENT AND AVAILABILITY THEREOF INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFIRNGEMENT. ANY RISK RELATED TO THE USE OF THE SITE AND OR ITS CONTENTS RESTS ENTIRELY WITH THE USER AND LINAGORA MAKES NO REPRESENTATION OR WARRANTY OF UNINTERRUPTED AVAILABILITY OF THE WEBSITE, NOR THAT THE WEBSITE OR ITS CONTENTS ARE ERROR-FREE.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LINAGORA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO THE USAGE OR INABILITY OF USAGE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF LINAGORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.

 

Governing law

The terms of use of the following Website are governed by French law. Any arising dispute relating to the use of this Website will be submitted to the exclusive jurisdiction of the Nanterre, France Courts of law.

 

PRIVACY POLICE

Acceptance

By accessing and/or activating the functionalities of the Website and/or of the service, the Users express their understanding as well as their irrevocable and complete acceptance of the privacy policy in force at the time of access to the Website and/or use of the service.

This Privacy Policy is applicable to all access and/or activation of Website features and/or services by Users.

This Privacy Policy may be amended or modified at any time at LINAGORA’s discretion without notice.

 

Privacy, Personal Data protection and the use of the Website

LINAGORA is committed to respecting and protecting the privacy and the Personal Data of its Website’s Users and undertakes to put in place all necessary precautions to preserve their security and confidentiality. Any user may anonymously access the website without revealing any personal information – except information such as IP addresses – automatically collected by Web beacons, cookies, embedded Web links and technical components required for providing users with the use of the Website.

Occasionally, and in order to provide relevant & desired information concerning its own products or services, LINAGORA may request personal information from the users of its Websites.

The collected Personal Data are not used for purposes other than those for which they were collected. This data collection is limited to those strictly useful, for example:

  • as part of a business approach, the required contact information is collected to process the requests and for marketing purposes (eg. to inform the User of new LINAGORA offers) ;
  • in the context of the Website navigation, information and Personal Data are collected for statistical purposes, content forwarding, user support, maintenance, etc. ;
  • LINAGORA does not sell or transfer any personal data to third parties.

 

Cookies

To help us to better understand the interest of visitors to LINAGORA, we may measure the number of pages visited, the number of visits to the site, as well as visitor activity on the site, and how frequently visitors return. For that, “cookies” technology is used on the website.

Anyone using the Internet can manage or delete their cookies directly in their browser, usually in the tabs / menus “settings”, “tools”, “settings”, or “preferences”, depending on the terminology used by each browser.

When connecting to the LINAGORA Website, the User is warned by a banner at the bottom of the screen that information relating to navigation may be stored in files called “cookies”. The data collected is used exclusively for our own needs to improve the interactivity and performance of our Website and to provide the User with content adapted to his interests.

In accordance with the recommendations of the Commission Nationale Informatique et Libertés (CNIL), some cookies are exempt from the prior collection of the user’s consent to the extent that they are strictly necessary for the operation of the Website or have the sole purpose of enable or facilitate electronic communication. These include session ID, authentication, load balancing session cookies as well as cookies for interface customizing.

 

Retention period

Personal Data are kept for a limited period of time and proportionate to the purpose pursued. For example, the data processed at the end of the customer relationship with LINAGORA (surname, first name, postal address, e-mail, etc.) are kept by the company for the maximum duration of thirty-six (36) months from the end of the business relationship.

Login and User’s identification data is retained by LINAGORA for twelve (12) months.

 

Data transfer

Personal Data is not transferred outside the European Union (except between affiliated companies of the group) In the event that such affiliated companies are not located in french territory or in a country belonging to the European Union, LINAGORA undertakes that these affiliated companies respect a level of protection of personal data at least equivalent to that to which citizens of the European Union are entitled.

The User authorizes these related companies to access his data collected and processed in connection with the use of the Website.

 

Responsibility of processors

LINAGORA ensures that processors (including web hosting companies) comply with the General Data Protection Regulation.

 

Security

LINAGORA undertakes to take all necessary precautions to preserve the security and confidentiality of the personal data to which it has access, and in particular to prevent any modification, alteration, or access to them by an unauthorized third party.

 

Disclosure

LINAGORA might disclose said information to a third party if required to do so by law or if, in good faith, LINAGORA deems such disclosure to be necessary in order to:

  1. comply with the law or with particular legal proceedings ;
  2. protect and defend LINAGORA’s rights and property or prevent fraud ;
  3. protect LINAGORA against abuse, misuse or unauthorized use of its products or services ;
  4. or protect the personal safety or property of its personnel, those of other users, or those of the public.

In this case, and unless legal provision prevents it, LINAGORA undertakes to limit the communication of data to those specifically required for the aforementioned purposes.

 

Rights of data subjects

Users are always entitled to request access, rectification, portability and / or deletion of their personal data or to ask any questions about this privacy policy by contacting LINAGORA’s Correspondant Informatique et Libertés either by physical mail to the address listed in the legal notice, either by sending an e-mail to the address: rgpd@linagora.com

LINAGORA will be entitled, if necessary, to oppose manifestly abusive requests (by their number, their repetitive or systematic nature).

 

Final provisions

This privacy policy may change depending on the legal and regulatory context concerning the protection of personal data.

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Contacts

Contact Us

Paris : +33 1 46 96 63 63

Montreal : +1 514-798-1589

Tunis : 00216 50 897 135

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