Version in effect on 17th of May 2016
Use of the site www.vigiglobe.com or any of subdomains associated with it, including in particular but not limited to www.vigiglo.be, wizr.vigiglo.be, wizr.vigiglobe.com, wizr.io, app.wizr.io, all edited by the Company VIGIGLOBE, implies unreserved acceptance of the following provisions by the simple visitor or any person wishing to benefit from the Services delivered by the VIGIGLOBE Solution and present on the Website, the latest version to date being authoritative.
ARTICLE 1 – Legal identification
The website www.vigiglobe.com and all subdomains associated with it, including in particular but not limited to www.vigiglo.be, wizr.vigiglo.be, wizr.vigiglobe.com, wizr.io, app.wizr.io (hereinafter referred to as the “Website”) is published by the Company VIGIGLOBE, a simplified joint stock company with capital of 66,500.00 Euros, registered with the Trade and Companies Register of Grasse under number 794 753 137, having its registered office at 955 route des Lucioles, ECOLUCIOLES A2 – 06560 VALBONNE, FRANCE, represented by its current manager, Mr Leendert de VOOGD duly authorised for the purposes hereof.
ARTICLE 2 – Definitions
Means all analytical indicators incorporated in the WIZR Interface, developed and published by VIGIGLOBE, exclusive owner thereof, which allows the Client to view via a dashboard a number of project information and/or the campaign they have set up on the Social Networks, and licensed to the Client based on the Services actually subscribed to in the Business Proposal;
Means the following brand belonging to VIGIGLOBE:
Figurative community trade mark filed with OHIM on 3 November 2011 and registered on 22 March 2012 under number 10390367; Nice Classification: 9, 35, 42
Means the legal person, in the person of its legal representative or, by delegation, a person able to engage the legal entity signatory of the of the Commercial Proposal;
Means the account created by the Client or VIGIGLOBE based on the chosen subscription mode, and from which the Client has access to Services;
- Client’s Data: means any Client’s Personal Data hosted by VIGIGLOBE and all data for which holds an intellectual property right, to the express exclusion of Queries indicated by the latter in the scope of use of the Services delivered;
- Personal Data: refers to all types of information, data and content, collected and treated in the scope of use of the Services delivered by VIGIGLOBE, and hosted by VIGIGLOBE which, as defined in the Data Protection Act of 6 January 1978 (as amended by the Decree of 4 November 1991 and by the Act of 6 August 2004 implementing Directive 95/46/EC) making it possible to directly or indirectly, designate or identify an individual;
- Sensitive Data: means any Personal Data that show, directly or indirectly, racial or ethnic origin, political opinions, religious or philosophical or trade union membership of individuals, or which are related to the health or sexual life of said latter.
Means the Internet user or users, who are individuals or legal entities, authors of messages on one or more Social Network, whose Personal and Sensitive Data are analysed by the VIGIGLOBE Solution.
Means the different subscription Plans under which VIGIGLOBE offers its WIZR Interface to the Client. Subscription to a WIZR Solution is therefore possible from among different subscription options, as presented on the Website and available via the URL www.vigiglobe.com/wizr-plans;
Means all the directives by which the WIZR Solution selects the relevant messages related to projects and/or Client campaigns and making it possible to generate the results. Each Request consists at a minimum of the following: title, keywords, mandatory words, blocking words and neutralising words, such as defined in the Commercial Proposal or in any quote in the case of Additional Services. By express agreement, the Client acknowledges that Queries, including all settings data, keywords and all combinations of all of the elements of a project and/or campaign on a Social Network, remain free to use by VIGIGLOBE;
- “Results of the WIZR Interface“: means the results generated by the VIGIGLOBE Solution through Queries then returned to the Client via the WIZR Interface as Aggregated Indicators. Said results are transferred to the Client and may be used for private purposes, or made public by the Client.
- “Results of the WIZR API“: means the results generated by the VIGIGLOBE Solution through Queries then returned to the Client via its own interface using the WIZR API. Said results are transferred to the Client and may be used for private purposes, or made public by the Client.
Means all Services provided to the Client by VIGIGLOBE, acting as representative of the Client, based on the Plan formula and/or the Additional Services chosen;
“WIZR API (Application Programming Interface)”
Means the application granted to the Client based on the Services it actually subscribed to in the Commercial Proposal, developed and published by VIGIGLOBE, which is the exclusive owner, allowing the Client to recover data flow in JSON or CSV format, it being the responsibility of the latter to have the necessary skills for the development and use of the interface that is likely to be compatible with the subscribed Services;
Means the set of web, server and mobile software components making up the interface for settings and carrying out detailed monitoring of the Results of analysis of the data from the Social Networks using Queries developed and published by VIGIGLOBE, the exclusive owners thereof, which allows the Client to monitor the quality and the quantity of such Data in real time, using a private dashboard or dedicated web page for public use that incorporates different Aggregated Indicators, whose features are described in the Business Proposal and on the Website, and which will be granted to the Client under the License for use of the VIGIGLOBE Solution;
Means the computer programs and software solution hosted by VIGIGLOBE or namely the WIZR Interface and API and the different Aggregated Indicators that allow the Client to obtain the Results, and whose use is actually granted by VIGIGLOBE to the Client in the scope of its subscription to the Services, as specified in the Commercial Proposal;
“Website” or “Internet Website”
Means the website located at URL www.vigiglobe.com and all subdomains associated with it, including in particular, but not limited to,
Means a visitor or any legal entity having opened a Client Account on the Website.
ARTICLE 3 – User Acceptance
In any event, inscription of the User on the Website and/or beginning to use the Services offered by the Website, subjects the User to the present GTU. The User is therefore deemed to have accepted application of all rules stipulated herein, as well as those that may be present in any document available on the Website, incorporated into the present GTU by reference and which govern its relationship with third parties and VIGIGLOBE.
These GTU are binding for the entire duration of use of the Website and until new GTU supersede the present ones.
The User acknowledges having consulted the legal notices displayed on the Website prior to any use of the Services offered through it.
ARTICLE 4 – Agreement on proof
The User acknowledges that the recordings and backups (including any connection data) carried out on the Website (hereinafter the “Electronic Documents”) have full probative value between the User and VIGIGLOBE. Consequently, the Electronic Documents (including their date and time) are valid as evidence between the Parties to any dispute.
The User therefore acknowledges, in its contractual relations with VIGIGLOBE, the validity and probative value of e-mails. Similarly, order statements, amounts paid by the Client, credit notes, discounts, late payment penalties, and others, as well as their reproductions on microfilms, optical or magnetic disks, that are conserved by VIGIGLOBE shall be binding on the Client as elements of proof.
ARTICLE 5 – Modifications
VIGIGLOBE reserves the right to modify the present GTU, in accordance with the technical development of the Website or its service offerings, or in the event of changes in legislation, at its sole discretion.
In general, use of the Website by the User is always subject to the most recent version of the GTU posted on the Website and accessible to Users at the time of use. It is the User’s responsibility to consult the GTU as often as necessary. They are accessible both on the public part of the Website as well as in the area reserved for each registered User (hereinafter the “Client” or the “Final Client”).
ARTICLE 6 – Breach
Any violation hereof authorises VIGIGLOBE to refuse the User perpetrator violation in question, future access to the Services provided on the Website, and to close any account providing access to one of its websites, without prejudice to any compensation that may be claimed from the author of the violation by VIGIGLOBE.
ARTICLE 7 – Client Account
Clients are the only subscribers of the Services hereunder.
Registration on the Website for the purpose of subscribing Services delivered by VIGIGLOBE is made online on the Website after the Client identification process, via the URL www.vigiglobe.com/get-wizr, or done by a demand through sending an email at support[at]vigiglobe[dot]com, and filling in pr providing the information requested on the Client Account registration forms in good faith.
The Client shall undertake to fill in all mandatory fields contained in the registration forms in good faith, namely the following:
- Given name(s)
- E-mail address
- Company name
- SIRET No.:
Upon temporary validation of each registration, VIGIGLOBE will send the Client a confirmation e-mail detailing the information transmitted, including its connection settings (username and password assigned) and, if necessary, any additional information or documents to be transmitted.
VIGIGLOBE reserves the right to refuse an application for registration to the platform by a person not willing to comply with these GTU or whose registration form is not duly completed or not completed in good faith or where documents which may be requested are not provided.
At the time of registration, the Client certifies:
- That he/she is an adult
- That he/she can freely give his/her consent
- That he/she has the ability to commit his/her company
7.2. Client Account
Clients can access a personal account, in the form of a custom interface, by activation of the connection settings (username and password assigned by VIGIGLOBE at the time of registration on the Website), which are activated after validation by VIGIGLOBE of their order. From this interface, Clients have access to the various tools placed at their disposal by VIGIGLOBE depending on the Plan chosen and/or any Additional Services subscribed by the Client at the time of its order.
The identification data enabling access to their accounts are sent as a remind to Clients via e-mail. It is the Client’s responsibility to verify the validity of the e-mail address entered on the registration form, given that said e-mail address is an element used for identifying the Client’s account. In the event where the e-mail address is incorrect, it is possible that the Client will not be able to access its account without VIGIGLOBE being in any way liable.
It is each Client’s responsibility to change the confidential password, assigned to it by VIGIGLOBE at the time of registration for the Services, the first time it connects and regularly thereafter, and to ensure that its password is composed of letters and numbers of the appropriate length.
Each Client has the right to close its Client Account by checking the box intended for this purpose.
7.2.2. Connection settings disclaimer
Each Client is obliged to maintain the confidentiality of its connection settings as specified in the Article entitled Security.
It is responsible for all uses, whether or not actually or expressly authorised. It is forbidden for the Client to sell, lend or transfer its connection settings to any third party or allow any third party to log into its account.
Furthermore, in addition to the interfaces and software environment provided, VIGIGLOBE has no ownership rights to the data or information that the Client submits to the Services at the time of its use (the “Client’s Data”). The Client, and not VIGIGLOBE, is solely responsible, for the accuracy, quality, legality, and reliability of all Client’s Data.
ARTICLE 8 – General Description of Services
8.1. General information
VIGIGLOBE is an innovative company specialising in the design of computer applications and web-based computer applications as well as internet websites for companies wishing to obtain an accurate and complete analysis of the reactions of Internet users on Social Networks.
As part of its Services, VIGIGLOBE provides the Client with a solution that allows the Client to have permanent access to the Results, the restitution of which is done either through the WIZR Interface and the Aggregated Indicators developed by VIGIGLOBE using clear and simple visual tools, such as charts, diagrams, quantitative and/or qualitative statistics, etc.; or by that of the WIZR API and an interface likely to be compatible with the subscribed Services
In summary, all of said Services are provided to the Client to enable it:
- To benefit from a complete software solution for the analysis and restitution of Internet users reactions related directly or indirectly, to projects and/or campaigns set up by the Client on Social Networks;
- To visualise reactions in real time using the WIZR Interface and Aggregated Indicators, which allow the Client to have a global and comprehensive view of the impact on Social Networks of each of its project/campaigns; or through the WIZR API and an interface likely to be compatible with the subscribed Services;
- To save time in the governance and strategic adaptation of projects and/or campaigns implemented through an intuitive and easy to use solution, that is quick and easy to install.
8.2. VIGIGLOBE Service Offering
The VIGIGLOBE Solution consists of:
- Firstly, the WIZR Interface, presented in the form of a dashboard that provides the Client with a precise and real-time analysis of the reactions of Internet users triggered, for example, by projects and/or campaigns of the Client on Social Networks, the Results of which are returned as an Aggregated Indicator;
- And secondly, the WIZR API, which allows the Client to recover the Data streams related to the reactions of Internet users to projects and/or campaigns set up the Social Networks in JSON or CSV format, and analyse these flows using an interface likely to be compatible with the subscribed Services.
These Aggregated Indicators each deliver different services depending on the type of objective they fulfil, including:
- A PULSE graph
- An MPM ratio (messages per minute)
- The total Number of messages per day
- The Number of unique users
- The author Gender (male/female)
- A tone Indicator (positive, negative or informative)
- An Indicator of the level of commitment
- A Timeline Chart
- Tag clouds
- A message Wall
- A Ranking of trademarks and products associated with the reactions of Internet users
8.2.1. PULSE Graph
The “PULSE Graph” Aggregated Indicator provides the Client with a Service that allows it to view the evolution curve of the volume of messages related to its Queries per second.
8.2.2. MPM Ratio
The “Ratio MPM” Aggregated Indicator offers the Client access to the average number of messages related to its Queries per minute.
8.2.3. Total number of messages per day
The “Total number of messages a day” Aggregated Indicator is a tool that presents the Client with the number of messages related to its Queries, collected in the space of one day (from midnight to midnight).
8.2.4. Number of unique users
The “Number of unique users” Aggregated Indicator is a tool that allows the Client to get the number of unique Internet users who posted a message in connection with its Queries, based on the time interval selected by the Client.
8.2.5. Author gender
The “Author gender” Aggregated Indicator analysis the sex of each Internet users who posted a message in connection with its Query and informs the Client of the number of men and women who reacted to its projects and/or campaigns on Social Networks.
The “Tone” Aggregated Indicator detects and analyses the tone used by each Internet user who posted a message in connection with the Queries of the Client, then carries out a ranking according to whether it is negative, positive or informative.
8.2.7. Engagement Level
The “Commitment Level” Aggregated Indicator detects the level of engagement of each single author by calculating the average number of messages written by the Internet user over a given period.
8.2.8. Timeline History Chart
The “Timeline History Chart” Aggregated Indicator is a tool that presents the Client with different histograms showing the historical evolution of the total volume of messages per minute/hour/day since the beginning of the analysis of messages by the WIZR Solution.
8.2.9. Tag Cloud
The “Tag Cloud” Aggregated Indicator indicates to the Client which are the most mentioned words, hashtags or Internet user accounts (also called handles) in the context of the analysis conducted by the WIZR Solution. This Indicator is interactive, however, the Client can also choose to sort the cloud by specific subject or language.
8.2.10. Related Messages Feed
The “Related Messages Feed” Aggregated Indicator allows the Client to visualise in real time, or over a given time interval, the most relevant messages corresponding to one of the words of the “Tag Cloud”.
8.2.11. Trademark Classification
The “Trademark Classification” Aggregated Indicator gives the ranking of brands and products associated with the messages collected by the VIGIGLOBE Solution based on the Queries of the Client, and from a directory of over 14,000 references.
8.2.12. Language Histogram
The “Languages Histogram” Aggregated Indicator indicates the breakdown by language of the volume of collected messages. This indicator shows the top three most widely used languages and an aggregate of other lesser-used languages.
8.2.13. Shared Media
The “Shared Media” Aggregated Indicator presents the images and/or videos most shared by Internet users in a given period and in relation to the Client’s project.
8.2.14. Message Flow
The “Message Flow” Aggregated Indicator presents the messages of the Internet users in the form thumbnails in real time as they are posted on the Social Networks.
The present General Terms and Conditions of Use are not intended to exhaustively describe the features and the rules for technical use of the Aggregated Indicators summarily presented above, for further information, the Client is invited to consult the following section: www.vigiglobe.com/wizr/features. Furthermore, for questions relative to the features or use of the VIGIGLOBE Solution, you can contact the company’s services using the Contact form at www.vigiglobe.com/contact/ or by e-mail at the following address: support[at]vigiglobe[dot]com.
ARTICLE 9 – Equipment
The use and maintenance of any telephone, computer, printer and other equipment necessary to access the Website is the responsibility of the User, who alone shall bear the costs thereof. VIGIGLOBE shall not be liable for any damage to any equipment in connection with use of the Website.
In accordance with the Law of 6 January 1978, the collection of Personal Data and the computer processing possibly carried out on said data by the Website have previously been declared to the Commission Nationale de l’Informatique et des Libertés (National Information Storage and Freedom Commission) under number: 1845053v0. Anyone can access by writing to the CNIL, 21 rue Saint Guillaume, 75340 Paris Cedex 07, France or by e-mail to decweb[at]cnil[dot]fr.
Creating a Client Account involves collecting a certain amount of personal data from Clients. These data may be used by VIGIGLOBE to: (i) send the newsletter to the Client (ii) carry out all or part of the proposed services (and in particular order tracking). The collection of said Personal Data may be made by the use of “cookie” files stored by the server hosting the Website on the visitor’s hard drive to facilitate navigation on the Website or for constituting statistical data concerning general activity on the Website. Although they do not allow direct identification of the user they are treated by the CNIL as personal data.
The information thus collected is neither sent nor sold to any third party except legal assumptions bringing about mandatory disclosure to judicial authorities. As such, no data is retained by VIGIGLOBE except those necessary for billing and payment.
Visitors to the Website have the option to refuse registration of any such cookies by selecting the corresponding option in the browser toolbar. The visitor is requested carries out this step if such is its will. In said event, the ease of navigation, loading of web pages, and the implementation of certain applications may be altered. For a total rejection of cookies, visitors may apply the procedures described below according to the browser used, it being clearly understood that they are likely to change as the versions of said browsers change:
- Internet Explorer (Microsoft): In the Tools menu click on Internet Options / Click on the Security tab / Click the Internet icon / Click on Customise the Level / Select Disable cookies in the paragraph cookies (2 times) / Click OK (2 times)
- Firefox (Mozilla Foundation): In the Tools menu select Options in the tree menu. /Select click on delete cookies or click delete all information/Click on OK
- Other Web browsers: please refer to the help section or contact the publisher, dealer or your IT administrator.
Pursuant to Article 39 of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, as amended by Act No. 2004-801 of 6 August 2004 (Article 5), all Users have a right to access, modify, rectify and delete data concerning them. These rights may, if necessary, be exercised with VIGIGLOBE by post to VIGIGLOBE, 955 route des Lucioles, ECOLUCIOLES A2 – 06560 VALBONNE; by phone at 09 86 47 22 32 or e-mail by writing to support[at]vigiglobe[dot]com.
ARTICLE 11 – Intellectual property
11.1. Respect of intellectual property rights
VIGIGLOBE retains ownership of all intellectual property rights that are used to operate the Website, and more generally, all of the elements reproduced or used on the Website (hereinafter referred to as the “Elements”) are protected under intellectual property.
Any reproduction, representation, use or adaptation in any form whatsoever, of all or part of said Elements without the prior written consent of VIGIGLOBE is strictly prohibited. The fact that VIGIGLOBE does not initiate proceedings upon becoming aware of the unauthorised use does not constitute acceptance of said uses or waiver of legal proceedings.
11.2. Enforcement of Copyright – Copyright © – Links (owned by VIGIGLOBE or its partners)
This Website enforces copyrights and neighbouring rights, hereinafter “author rights”. All author rights of protected works that are reproduced and communicated on the present Website apply worldwide. All uses of works other than individual reproduction and private consultation are prohibited without permission.
11.2.1. Reproduction on paper
Reproduction (printing) of the pages of the present Website on paper is permitted for personal non-commercial use only.
11.2.2. Electronic reproduction
Reproduction of all or part of the present Website on an electronic device is prohibited.
11.3.1. Creation of a linking to www.vigiglobe.com
The VIGIGLOBE Website allows the establishment of a hyperlink pointing to its contents, subject to:
- Not using the “deep linking” technique, namely, the pages of the Website must not be nested within the pages of another site, but accessible through the opening of another window;
- Mentioning the source that shall open after clicking on the hypertext link directly from the targeted content;
- The information mandatorily being used for personal, associative or professional purposes only;
- The express agreement of VIGIGLOBE in the event of use for commercial or advertising purposes;
- Such authorisation does not apply to websites containing information that is controversial, pornographic, incite racial hatred or any form of discrimination or which in general, may be deemed offensive to the general public;
- For other uses, please contact VIGIGLOBE.
11.3.2. Links inserted on www.vigiglobe.com pointing to other sites
This Website may contain links to third party websites that are not controlled by VIGIGLOBE. VIGIGLOBE is in no manner liable for the content of other websites that Users may access from the Website. When the User accesses a website other than VIGIGLOBE, it does so at their own risk and VIGIGLOBE may not be held liable for the accuracy or reliability of the information, data, opinions, advice or statements made on said other site, nor the quality of products or services offered there. VIGIGLOBE provides these links only as a convenience and the existence of such links does not imply that VIGIGLOBE endorses or accepts any liability for the content or uses of such websites.
11.3.3. Insertion of the logo “A Vigiglobe product”
The Client commits (unless permitted otherwise by Vigiglobe, through written notification given to the Client prior to the Use of the Services) to display in its original format the logo “A Vigiglobe product” available on the website www.vigiglobe.com/press-kit on any integration of the dashboard from the WIZR Interface and on any data provided by the WIZR Interface or WIZR API. This includes in particular the display of the “A Vigiglobe product” logo for any public integration of WIZR data on different types of display supports, including but not limited to, webpage, television screens, Digital Out Of Home screens, in-venue screens, applications for smartphone-tablet-smart TV, to the legal and regulatory extend in each considered countries.
All trademarks and other intellectual property rights of any content of the Website (including, information, text, images, author right and designs and models) and the structure of the Website belong to VIGIGLOBE, or VIGIGLOBE has been granted the right to use them by the holder of said rights. No use of this content and the intellectual property rights relating thereto is permitted without having requested the express written consent of VIGIGLOBE prior thereto. All such rights are expressly reserved.
The User shall undertake to respect the intellectual property of VIGIGLOBE on each VIGIGLOBE Aggregated Indicator and enforce these rights by third parties.
To do this, the User shall undertake in particular:
- To not perform reverse engineering, decompiling or disassembling of the computer programme(s) and software solution(s), except as expressly permitted by law;
- To not modify, alter, adapt or make any change of any kind to the presentation and content of the computer programme(s) and software solution(s);
- To not modify, remove, or alter in any way or for any reason whatsoever the distinctive signs of VIGIGLOBE such as the trademark, trade names, logos etc., affixed to the VIGIGLOBE Solution, or its presentation and to not remove the references to the identification and ownership of the y VIGIGLOBE Solution;
- To not remove or alter the names of contributors as they may appear on the presentations or in the content of the computer programme(s) and software solution(s);
- To not rent, lease, use the computer programme(s) and software solution(s) for the purpose of sharing or making it available of third party users who are not Users, in the framework of multi-user sharing or processing centre;
- To use or copy the computer programme(s) and software solution(s) in any manner not expressly authorised herein.
The User shall undertake to immediately notify VIGIGLOBE of any infringement of intellectual property that it may become aware of.
The User acknowledges and accepts that access to the Website and the computer programme(s) and software solution(s) that are made available by VIGIGLOBE do not imply any assignment or licensing of intellectual property rights (and in particular, trademark rights of author rights) or any other rights to the benefit of the User.
It is strictly forbidden to reproduce, distribute, transmit, publish, allow access by a link or hyperlink, or modify, adapt or correct the Website in any manner whatsoever without the express written permission of VIGIGLOBE. Any breach of the present clause may result in a violation of author right, trademark right, or other intellectual property rights thus exposing the User to civil and/or criminal sanctions.
ARTICLE 13 – Notification
All notices and notifications hereunder shall be sent to the address given at the top of the present document with respect to VIGIGLOBE and to the address provided by the Client during the subscription of the Services, regularly updated as necessary, in accordance with the provisions hereof.
All notifications hereunder shall be validly made and shall be deemed received in the following conditions:
- Fax – upon receipt by the issuer of an error free transmission report;
- E-mail – on the day of dispatch;
- Registered letter with acknowledgement of receipt – on the day after the date shown on the acknowledgement of receipt.
ARTICLE 14 – Litigation and jurisdiction
The present Contract is subject to French law.
All disputes arising hereunder shall be submitted prior to any legal proceedings, to a conciliator or conciliators, each Party hereto designating one, unless they agree on the choice of a single conciliator.
To this end, in case of dispute, one of the Parties shall notify the other Party by registered letter with acknowledgement of receipt of the proposed conciliator’s name, the other Party shall have eight (8) days to notify the person it designates; no reply within that period shall be valid as agreement of the second Party with the choice of conciliator selected by the first Party.
In the event of proven default of the Party addressed in accepting the notification by registered letter with acknowledgement of receipt, or collecting it at a post office, then notification may be made by any means.
Within a maximum of three (3) months of their appointment, the conciliator or conciliators shall endeavour to settle the difficulties submitted to them and have the Parties accept an amicable solution.
Whatever the outcome of said mutual arbitration, the conciliator(s) shall draft and sign the minutes of the conciliation or non-conciliation.
In the absence of such an agreement in a timely manner, and subject to production of the minutes of non-conciliation, the dispute will be brought before the Commercial Court of the registered office of VIGIGLOBE, which must view the minutes duly signed for judging the dispute on the date of the summons.