The Collective Audience website, accessible at the URL address beop.collectiveaudience.co (hereafter referred to as the “Website”), is the property of The Odyssey, 33 rue La Fayette, Paris (75009), registered with the Paris Commercial Register of Companies under the number 812 491 314 (hereafter referred to as “« Collective Audience »).

Unless otherwise specified below, the content appearing on the Website is the exclusive property of Collective Audience and/or its respective owners. Without prejudice to the provisions of Article 6.I.2 et. seq. of French Law 2004-575 of 21 June 2004 for Confidence in the Digital Economy (hereafter referred to as the “LCEN”), Collective Audience cannot be held liable for the content hosted on the Website and published by Members according to the terms and conditions below.

Use of the Website and Services by Members is subject to the acceptance of the Services’ General Terms and Conditions of Use in force at the time of their registration on the Website (hereafter referred to as the “GTCU”).

Use of the Website by Users, as well as non-Member visitors, implies their full and complete acceptance of the GTCU provisions that apply to them, with the exception of the dispositions relative to registration in force at the time the Website is accessed, and the GTCU provisions applying exclusively to Members.

The GTCU constitute a contract between Collective Audience and Members or Users, who agree to adhere to them.

1. Legal Information

1.1. Website Publisher:

• Business Name: The Odyssey
• Registration Number: Paris Commercial Register of Companies, Number 812 491 314
• Capital Stock: 150,000 euros
• Head Office Address: 33 rue La Fayette, 75009 Paris, France

1.2. Website Publishing Manager:

Peter BORDES acting as Chairman and CEO.

2. Definitions

Terms in the GTCU beginning with an uppercase letter, whether singular or plural, will have the definitions specified hereafter.

• Agency: A type of Collective Audience Partner; designates any for-profit or nonprofit private-law corporation that purchases from Collective Audience via an advertising order, by its own means or as an Authorized Representative, advertising space in order to disseminate sponsored widgets on behalf of Advertisers in the Collective Audience Publishers Club.
• Advertiser: A type of Collective Audience Partner; designates any for-profit or nonprofit private-law corporation, or any public-law corporation, or any natural person acting within the scope of their professional activities, that purchases from Collective Audience via an advertising order, by its own means or on behalf of an Agency, advertising space in order to disseminate sponsored widgets for its own brand in the Collective Audience Publishers Club.
• Collective Audience Publishers Club: designates a partner network of online publishers which authorizes Collective Audience's management to disseminate sponsored widgets from advertisers.
• Content Server: designates the main Service that disseminates components created for the Collective Audience platform designed to display the Publishers and Advertisers’ Content via Sponsored Widgets or Simple Widgets.
• Advertiser Content: designates the images, videos, text, data, links or any other creative element supplied to Collective Audience by the Advertiser or its Authorized Representative.
• Identifying Data: Technical data that can identify a Member or User, collected by Collective Audience while interacting with a Widget, using the Services, registering and/or logging in to the Services, and which enables Collective Audience to assign a unique identifier to the Member, which is sent to the Partners for the needs of the Services.
• Publisher: a type of Collective Audience Partner; designates any for-profit or nonprofit private-law corporation, or any public-law corporation, or any natural person acting within the scope of their professional activities that, by its own means, manages its publishing components and the deployment of its Services on its Media Website.
• Advertising Space: designates a slot or position on the Publisher’s Website that is not used in a publishing capacity but is made available to generate profit.
• Managed Services: designates a type of Service that disseminates Sponsored Widgets requiring an Advertising Order specifying the campaigns’ objectives and performance goals required by an Advertiser or its Authorized Representative, and which passes through Collective Audience's Creative and Technical Departments.
• Principal: designates an Advertiser having signed a written contract and provided a written statement declaring that a power of attorney binds the Advertiser to its Authorized Representative, which will purchase Advertising Space in its name.
• Authorized Representative: designates any professional intermediary that purchases Advertising Space in the name and on behalf of an Advertiser, as authorized by a written power of attorney. A copy of the written statement declaring that a power of attorney binds the Advertiser to its Authorized Representative must be provided.
• Member: Any natural person registered to use the Services. Legal entities wishing to use the Services within the scope of their business activity are invited to contact Collective Audience. Depending on the case, these legal entities may accept the General Terms and Conditions of Use for Partners or sign the Partner Services Contract.
• Advertising Order: designates an order placed with managed services by an advertiser or its authorized representative. The advertising order specifies the type of component desired, its useful life, budget, price, and any other particular condition.
• Services: All the usable functionalities offered by Collective Audience on the Website or a Partner Website, particularly including Widgets and Sponsored Widgets.
• Partner: Any Member who has accepted the General Terms and Conditions of Use for Partners or signed the Partner Services Contract. A Partner can be a Public Company, Publisher, Agency or Advertiser.
• Self Service: designates a type of Service that distributes Sponsored Widgets or Simple Widgets, wherein the Partner has full autonomy in creating, modifying, optimizing and monitoring these components. Collective Audience provides Partners with a wide variety of tools to facilitate and expand this autonomy.
• Publisher Website: External website published by a Collective Audience Partner and whose content is synchronized with Widgets. The Website may contain Advertising Space made available by the Publisher to generate profit.
• User: Any person accessing a Widget created by a Member on the Website or a Partner Website, without necessarily being registered to use the Services.
• Widget: modules that interact with the content of Partner Websites, making it possible to ask questions, formulate responses, provide advice and/or post comments directly on the Website to their friends and relations via modules integrated into the Website or Partner Websites, via polls, quizzes, personality tests, etc. in the form of multiple-choice questions, and intended to be disseminated in whole or in part on the Website and/or Partner Websites.
• Sponsored Widget: Specific Widget designated as “Sponsored”, which makes it possible to display the Content of Advertisers in the Advertising Spaces purchased by a Partner on all or some of the Partner Websites that are members of the Collective Audience Publishers Club.

3. Presentation of the Website and Services

3.1 - Website and Widgets

The Website is composed of a platform available on the Internet and made available by Collective Audience.

The Website notably offers its Members access to Widgets, the ability to receive newsletters presenting the most popular content or questions, as well as electronic alerts (registered friends, poll results, responses to questions or advice, etc.). To accomplish this, Collective Audience collects Identifying Data while the Services are being used by Members, and transmits them to the Partners. The Partners use the Identifying Data so that the Services, and particularly the Widgets, function and synchronize on the Partner Websites.

The Services are delivered by Collective Audience as SaaS (Software-as-a-Service).

4. Registration and Access to the Website and Services

Both the Member and Collective Audience are considered to have entered into an agreement governed by the GTCU from the moment the Member registers until either one of the parties terminates this agreement in accordance with the provisions set out in the GTCU.

Both the User and Collective Audience are considered to have entered into an agreement governed by the GTCU from the moment a Widget is used by the User on the Website or a Partner Website.

4.1. Terms and Conditions for Accessing the Website and Services

Registering to use the Services is not obligatory for simply interacting with the Widgets made available online and accessible on the Website or a Partner Website. However, registering to use the Services as a Member entails creating a user account (hereafter referred to as the “Account”), which is required to access all the Services and, particularly, to create, publish and disseminate Widgets made available online and accessible on the Website or a Partner Website.

Once an Account is created, the Member can access all the Services offered by Collective Audience on the Website and/or a Partner Website, or interact with other Members, provided that the Member is signed in to their Account.

The equipment (computer, software, telecommunications devices, etc.) used to access the Website and Services remains the responsibility of the Website's Members, as are the communication costs incurred through their use.

4.2. Website Registration

Members are not required to pay to create an Account, although they must be at least 18 years old and agree to the Website's GTCU. Only one Account can be created per email address.

If the Member is a minor, authorization from a parent or legal guardian must be granted before registering. Parents or legal guardians are responsible for ensuring that underage Members adhere to the GTCU.

To register, Members must fill out a form in order to benefit from the Services. All fields are mandatory unless stated otherwise.

The Member agrees to provide only true and accurate personal data and information. In addition, they particularly agree not to steal the identity of others, and inform Collective Audience immediately of any changes to the personal data and information provided upon registering and, if necessary, enter these changes in the Account Management section at the following URL address: https://dashboard.beop.io. Once registration is complete, a confirmation email will be sent to the email address provided by the Member in order to finish creating the Account.

4.3. Username and Password

When creating their Account, the Member must choose a personal username and password (hereafter referred to as the “Login Information”). Login Information must be strong enough to be sufficiently secure. Login Information is sent to Collective Audience in encrypted form. Each Member can only create and possess a single Account.

The Member's username will be made public on the Website, the Partner Websites and in the Widgets when interacting with the Services, and particularly to communicate with other Members.

Collective Audience offers Members the opportunity to choose any username, in accordance with legal provisions and the GTCU, and in consideration of other Members. In any event, Collective Audience reserves the right to refuse to register a Member, and/or make Members correct their username in order to register.

The Member is responsible for keeping their Login Information confidential. The Member is solely responsible for the use of their Account and Login Information. In consequence, the Member agrees to keep their Login Information secret and not disclose it in any way whatsoever. Members are solely responsible for any use of the Services, connections, or data transmissions via their Account using their Login Information, and such acts will be assumed to have been performed by them, unless otherwise disputed in writing and duly justified to Collective Audience by registered letter with acknowledgment of receipt sent to 33 rue La Fayette, 75009 Paris.

Collective Audience cannot be held liable for the loss of one or more elements comprising the Login Information as well as, in the absence of prior objection legally made to Collective Audience in writing, any losses or damages resulting from the unauthorized use of the Member's account by another person. In cases where one of the elements comprising the Login Information is lost or stolen, the Member will follow the procedure established by Collective Audience to recover their Login Information. Collective Audience does not have access to the passwords chosen by the Members, and has no way to provide them directly to Members.

Collective Audience, which has no power to control the veracity of the information provided by Members when creating an Account, cannot be held liable for any false declarations made, or any identity theft committed by Members. Members agree to provide Collective Audience with accurate information, and update it if any changes occur over time.

5. Members’ Personal Data

5.1. General Information

As part of a Member's and User's use of the Services, Collective Audience is compelled to access and collect personal data relative to these same Members and Users, including Login Information--except passwords, which Collective Audience has no way of accessing in an unencrypted manner--and Identifying Data (hereafter referred to as “Personal Data”). Personal Data is collected when Members register to use the Services, and whenever Members or Users use the Services on the Website or a Partner Website.

Personal Data are processed as Confidential Information, and are protected by Collective Audience in accordance with the Terms and Conditions specified in Clause 6 of the GTCU.

5.2. Sharing of Personal Data

As part of collecting Personal Data and in order to provide the Services to Members and Users on the Website and Partner Websites, Collective Audience acts in the capacity of Controller as defined in European Regulation Number 2016/679 of 27 April 2016 (the “GDPR”). In this regard, Collective Audience complies with the applicable regulations, particularly the GDPR.

As part of processing Personal Data for the use of the Services offered on Partner Websites, particularly the Identifying Data Collective Audience sends to Partners, the Partner acts in the capacity of Controller as defined in the GDPR.

In this case, and insofar as Collective Audience does not act in the capacity of Controller, Collective Audience cannot be held liable for its Partner's failure to comply with its obligations as Controller in accordance with the applicable regulations, particularly the GDPR. In this regard, Members and Users may, if they wish, exercise the rights they possess through the applicable regulations, particularly the GDPR, or lodge a complaint, by contacting the Partner in question directly. The contact information of the Partner in question is indicated on the corresponding Partner's Website, in the information section displayed when using a Widget on this Partner’s Website.

5.3. Cookies and tracking technologies

Collective Audience is compelled to collect and store identifying data pertaining to Members, so they don’t have to manually enter their Login Information each time they connect. Collective Audience also collects browsing data on Members and Users in order to provide and improve the Services, as well as for statistical purposes. This information is stored by Collective Audience notably through the use of cookies, which are small text files installed on the Member or User's computer. Finally, Collective Audience may be compelled during certain campaigns to collect user cookies in order to personalize advertising for Users.

After consent is provided, the following cookies may be installed on a Member or User’s computer or device while using the Website and Services:

• Browser Cookies: When the Website is accessed for the first time, these cookies enable the Website to function correctly and help users visualize the content on their computer by recognizing the language and country from which they are connecting. Browser cookies are technical cookies necessary for the Website to function.
• Analytics Cookies: These cookies are used to generate statistical analyses of a user's habits while browsing the Website. The results of these analyses are processed in an anonymous manner solely for statistical purposes, and only if the service provider uses cookies compatible with the browser used, or on other devices used to browse the Website. These statistical data are likely to be shared with other Members.
• Third-Party Cookies: Third-party cookies are cookies that BeOp’s business partners and its Partners, should the case arise, install on a user’s computer or device. Business partners use third-party cookies for targeting purposes so that, for example, advertisements they believe best match the users’ interests are selected and sent to their computer or device, based on previous Internet activity on the same computer or device.
• Advertising Cookies: Advertising cookies are likely to be included in the Services’ advertising spaces. These cookies make it possible to adapt advertising content based on the Members or Users’ areas of interest, which can be analyzed based on their browsing habits on the computer, or their interaction with Widgets. The Services’ advertising spaces help pay for the Services made available to Users and Members.

All data collected by the browsing cookies installed by Collective Audience are stored for a maximum of 13 (thirteen) months after analysis. Advertising cookies installed by Collective Audience are stored for 24 (twenty-four) hours, and are reinstalled each time a user visits. Cookies installed by Collective Audience are used for the purposes described above, subject to the choices made by the User or Member when setting the browser configuration used with the Services, and which can be changed at any time.

Collective Audience cannot be held liable for cookies installed by Partners or any cookie contained on Partner Websites. Members and Users may exercise the rights they possess through the applicable regulations, particularly the GDPR, or lodge a complaint, by contacting the Partner in question directly, or by following the instructions provided below. The contact information of the Partner in question is indicated on the corresponding Partner's Website, in the information section displayed when using a Widget on this Partner’s Website.

Most browsers are able to accept, manage or eventually disable cookies in their configuration settings. By disabling browser cookies, the Website may not function properly and/or the Services offered may be limited.

The procedure for managing cookies and cookie preferences is slightly different depending on the browser used. Users can consult the steps for managing cookies in their browser's help menu.

• For Internet Explorer™
• For Safari™
• For Chrome™
• For Firefox™
• For Opera™

Each browser's configuration for managing cookies and user preferences is different. Information in the browser's help menu describes how to change the configuration of cookies. In addition, Collective Audience provides a simple button in its privacy-policy that will delete all the cookies stored on the https://beop.collectiveaudience.co domain.

For more information: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/conseils-aux-internautes/

Matomo Analytics

In our commitment to providing a transparent and enhanced experience on our Site and Services, we use Matomo for navigation analysis. Matomo is a web analytics platform that helps us understand how visitors interact with our Site and Services by collecting information anonymously. The data collected includes pages visited, session duration, traffic sources, and other performance indicators, all processed in accordance with our privacy policy and without personally identifying visitors. This integration allows us to better tailor our Services to your needs and continuously improve the user experience.

5.4. Use of Data

All data collected relative to using the Services is used by Collective Audience and its service providers located in the European Union to further their company’s objectives and provide the Services. These data will be processed for the purpose of managing the Member's Account, to benefit the Members and Users of the Services and manage their relationship with Collective Audience, and, if necessary, notify Members and Users of current news and offers, monitor audiences and satisfaction, and provide services and offers tailored to their use of the Services and their areas of interest.

Identifying Data may also be shared with its Partners so that Members and Users can interact with the Widgets on a Partner Website. Rights relative to these Identifying Data as well as any personal data held by the Partners in order to provide services pertaining to the Partner Websites are exercised by contacting the Partners in question. All data collected when Members register on the Website or when they use the Services on the Website or a Partner Website are the exclusive property of Collective Audience. Notwithstanding the foregoing, Collective Audience may, if necessary, share with Partners any data pertaining to the content or Widget the Partners provide for the Services. In such cases, the Partner is responsible for any processing it does for its own purposes.

Website Members, upon providing Collective Audience with proof of their identity, have the right to access, rectify and object to their Personal Data, as well as the right to delete their Personal Data in accordance with the provisions set out in the GDPR, by contacting Collective Audience by mail at the address indicated in Clause 1, or by email at: [email protected].

If Members or Users wish to exercise their right to object, Collective Audience will stop processing their Personal Data, except for legitimate and compelling reasons, or to ensure the establishment, exercise or defense of legal claims, in accordance with the GDPR.

Upon providing Collective Audience with proof of their identity, Members and Users also have the right to retrieve their Personal Data in a structured commonly used and machine-readable format, and have the right to transmit those data to another controller, as defined in the GDPR. Where technically feasible, Members and Users have the right to request that Collective Audience have the Personal Data transmitted directly from one controller to another, as defined in the GDPR.

Collective Audience agrees, in accordance with the provisions of the GDPR, to retain the Personal Data collected only for the time strictly necessary for providing the Services. The Personal Data concerning a Member may be retained for the time necessary for Collective Audience to manage their relationship, and for a maximum of three (3) years starting from the end of this contractual relationship. The Personal Data concerning a User may be retained for a maximum of thirteen (13) months. Identifying Data may be retained for a maximum of thirteen (13) months.

Collective Audience may send, either regularly or periodically, informational emails to Members. During the registration process in particular, Collective Audience will offer the option of receiving a newsletter. Members can object to this at any time by clicking on the unsubscribe link found at the bottom of each email received.

In the event of a disagreement between the parties concerning the processing of the Members or Users’ Personal Data by Collective Audience, a claim can be made by contacting Collective Audience using the contact information indicated in Clause 1 of the GTCU or at the following address:[email protected]. Collective Audience will strive to find a solution that satisfies the Member or User in order to comply with applicable regulations and/or Clause 5 of the GTCU. In the absence of a response from Collective Audience, or if the disagreement persists despite BeOp’s proposal, the Member or User has the option of filing a complaint with the French National Data Processing and Liberties Commission (CNIL).

6. Confidentiality

Except for the communication of Identifying Data to Partners for the needs of the Services, Collective Audience agrees to process information concerning Members and Users, including their Personal Data (“Confidential Information”) in a confidential manner. From this perspective, Collective Audience has implemented the appropriate security measures to ensure the confidentiality of Confidential Information, and prevent unauthorized third-parties from consulting, using, copying, disclosing, modifying, damaging or destroying this Confidential Information. This obligation of confidentiality does not apply to information disclosed by a Member or a User, and to information that Collective Audience is required to disclose due to legal obligations or following a request from a court or competent authority.

Prohibited CONTENT:

In accordance with the provisions of Clause 6 of the LCEN, Collective Audience acts as host of the content published by Members and made accessible through the Services. Collective Audience has no general obligation to monitor the information created, transmitted and/or stored by Members when using the Services. Notably, Collective Audience cannot be held liable for the nature and content of the questions asked by Members, Users, and Partners, the formulated answers given, advice, and eventual comments posted, except in cases prescribed by the LCEN.

In this regard, the job of moderating the questions asked, answers given, advice, and comments falls upon the Members, Users or Partners who publish this content, and for which they are responsible. Nevertheless, any Member or User can alert Collective Audience of the presence of Prohibited Content when using the Services.

6.1. Forbidden Activities, Language and Messages

Each Member and User agrees to comply with the French regulatory provisions in force, particularly including, but not limited to, the regulations relative to intellectual property rights and to defamatory or abusive language. Collective Audience reserves the right to promptly delete any content proven or alleged to be unlawful, or which is contrary to the GTCU (hereafter referred to as “Prohibited Content”). Therefore, Collective Audience cannot be held liable for its removal in such cases. Prohibited Content includes, but is not limited to:

• language that is harmful, threatening, abusive, harassing, vulgar, obscene, threatens the privacy of others, hateful, racist, anti-Semitic, xenophobic, revisionist, denialist, injurious, defamatory, apologetic to war crimes and crimes against humanity, denigrating, violates the privacy of third-parties, or otherwise reprehensible;
• personal attacks on other people, notably through photographic or video montages;
• the dissemination of violent and/or pornographic content, especially, but not limited to, representations of a minor or person with the physical aspects of a minor;
• inciting others to commit suicide or commit crimes;
• the dissemination of fake news, false rumors, polls and unauthorized voting simulations, or any message about or inciting cruelty to animals;
• undermining judicial authority, proceedings or trials, or the presumption of innocence;
• the transmission of any message containing content the Member is not authorized to disseminate, particularly including, but not limited to, internal, privileged, and confidential information, or information whose dissemination would violate the rights of third-parties, notably intellectual property rights and image rights;
• the transmission of messages of a promotional character not authorized by the GTCU;
• the insertion of subliminal messages of any kind whatsoever;
• the transmission of any message containing computer viruses or any other code, folder or program designed to disrupt, destroy or limit the functionality of any software, computer, information system, and telecommunications tool, without this list being exhaustive;
• language likely to cause harm to the public and family image of the Website;
• language likely to cause harm to Collective Audience as well as its leadership, employees, suppliers, customers, stockholders and/or partners, or its reputation or that of its leadership, employees, and suppliers, which would violate the laws and regulations in force in France, disrupt public order and common decency or the rights of third-parties;
• language with the purpose of offering commercial services without the prior consent of Collective Audience;
• language with the purpose of offering opportunities to engage in gambling, and soliciting and/or prostitution.

6.2. Reporting Unlawful Content

Any User or Member that may be aware of content that is proven or alleged to be Prohibited Content as part of using the Services must report it without delay, in accordance with the provisions of Clause 6 of the LCEN, and as per the available drop-down menu of contentious content, by indicating:

• For natural persons: their first and last names, profession, address, nationality, date and place of birth;
• For legal entities: the type of business, name, head office and the body that legally represents it;
• a description of the contentious facts and their precise location;
• the reasons for which the content should be removed, with reference to the legal provisions and documentary evidence of the facts, if necessary, based on the drop-down menu available to Members;
• a copy of the correspondence addressed to the author or publisher of the contentious information or activities demanding their interruption, their removal or their modification, or documentary evidence showing that the author or publisher couldn’t be contacted.

Please remember that presenting content or activity as Prohibited Content for the purpose of having it withdrawn or stopping its dissemination while knowing that this inaccurate is punishable by one year in prison and a 150,000-euro fine.

7. Intellectual Property

7.1. Rights possessed by Collective Audience

The Widgets, Services, Website and its contents (hereafter referred to as “Collective Audience Content”) are the exclusive property of Collective Audience or their respective owners.

Modifying, copying and reproducing Collective Audience Content without its prior written authorization is prohibited.

The Collective Audience brand and logo are the exclusive property of Collective Audience.

7.2. Rights possessed by Members

As part of using the Services, Collective Audience allows Members and Users to interact with Widgets and, for logged-in members, to publish content on the Website or a Partner Website such as, notably, Widgets, questions and answers, advice, and comments (hereafter referred to as “Member Content”).

Member Content belongs to its respective authors, and cannot be modified, copied extracted or disseminated without their prior written authorization. In any event, Members are solely responsible for the Member Content they post online or make accessible.

Each Member grants Collective Audience a license to use, modify and reproduce Member Content for commercial or non-commercial purposes.

This license is granted on an exclusive basis and without financial compensation worldwide, and for the copyright term that may apply to the Content.

The Member guarantees Collective Audience that it possesses the necessary authorization or rights to publish the Member Content. The Member is solely responsible for their publication of Member Content. In consequence, Collective Audience cannot be held liable for the unlawful character of the Content or its online posting by a Member, and reserves the right to remove all Content that does not comply with the GTCU or French laws in effect.

7.3. Syndication of Content

Collective Audience offers Members the option to syndicate Member Content (hereafter referred to as “Syndication”), by integrating this Member Content into a third-party website (hereafter referred to as “Embedding”) and sharing exchanges between Members to third-party websites (hereafter referred to as “Externally Shared Content”).

Agreeing to the GTCU signifies that the Member also agrees to the Syndication of Member Content.

For Externally Shared Content, Collective Audience provides Members with a sharing module or link that directs to third-party websites such as Twitter, Facebook or LinkedIn. All Members acknowledge that sharing Member Content on these third-party websites requires that they register, under their own responsibility, for the services provided by their respective publishers.

All Syndication must comply with the GTCU and, if applicable, the General Terms and Conditions of the third-party website on which the content is syndicated by the Member or a third party, under their own responsibility. In consequence, Collective Audience cannot be held liable for Member Content or its online posting following its Syndication by the Member or any third party, and for which the latter is responsible. Collective Audience reserves the right to remove any content Members post online that does not comply with the GTCU.

8. Implementing Managed Services

8.1 - Technical Specifications and Implementation:

The Advertiser or its Authorized Representative must comply with the technical specifications of the Collective Audience platform. The Advertiser will have to provide Collective Audience with the Advertiser Content (logos and visuals) and the offers it wishes to promote via BeOp’s Sponsored Widgets.

8.2 - Posting Terms and Conditions:

The Advertiser or its Authorized Representative agrees that the Sponsored Widgets will be disseminated by the Collective Audience Publishers Club, and that, unless specifically agreed to by the parties, Collective Audience will be able to determine the Position and order of priority for posting the Sponsored Widgets coming from the different campaigns competing on BeOp’s Content Server (Managed Services and Self-Services). The Advertiser or its Authorized Representative agrees that its Sponsored Widgets could be posted alongside advertising messages of its direct or indirect competitors.

8.3 - Performance Metrics and Reports:

The performance of the various advertising campaigns carried out via Collective Audience's Sponsored Widgets will be measured by Collective Audience's Content Server, via all the necessary indicators (impact, interactions, clicks, videos viewed, etc.) to calculate and monitor costs related to the terms and conditions of the Advertising Order signed by the Advertiser, its Authorized Representative, and Collective Audience. The Collective Audience teams in charge of posting and optimizing the advertising campaign will share all the statistics coming from the Collective Audience content server with the Advertiser or its Authorized Representative. The Advertiser or its Authorized Representative will be able to request modifications to, and optimization of, its advertising campaigns at any time by contacting the Collective Audience teams in charge of the Managed Services. The Advertiser or the Authorized Representative must formulate this request in writing and send it to the Collective Audience teams.

8.4 - Invoicing and Payment:

The Partner will be invoiced based on the pricing terms and conditions specified in the Advertising Order and/or all the specific features selected by the Partner that may be invoiced according to the terms and conditions accepted by the Partner in the Services Contract. The Partner will receive invoices from Collective Audience on a monthly basis. Collective Audience does not guarantee that the budget set by the Advertising Order or on the Platform will be reached. Unless otherwise specified in the Services Contract, the Partner will have to pay all amounts due, without the possibility of compensation, within 30 days from the invoicing date. The currency for the invoice will be binding for all payments, which remain exclusive of any tax applicable under law. Collective Audience reserves the right to invoice interest as well as collection costs for unpaid amounts due, in accordance with applicable law. Claims regarding an invoice can only be made within one month from the date the invoice is received. The Partner can also pay its balance by credit, thus enabling Collective Audience to deduct the amounts due directly from the Partner’s bank card via the platform.

9. Liability

All Members and Users hold Collective Audience harmless against any judgment that may be pronounced against Collective Audience due to the Member or User's failure to adhere to their obligations under the terms of the GTCU or the regulatory and statutory provisions in force, particularly in cases concerning Prohibited Content and Infringement.

Collective Audience can only be held liable if fault on its part is definitively established by the courts having jurisdiction, and they render a final non-appealable decision.

Collective Audience strives to ensure that the information disseminated by the Website is accurate and up to date, and reserves the right to correct the content at any time without notice. However, Collective Audience cannot guarantee its accuracy, completeness, and veracity, or the absence of changes by a third party. Furthermore, Collective Audience disclaims all liability in the event of errors or omissions in the content of the Website pages, and any use of them that may be made by Members, Users or third parties.

The Website includes links to other Websites or other external sources. Insofar as Collective Audience cannot control these Websites and external sources, it cannot be held liable for making these Websites and external sources available, and cannot be held liable for the content, advertising, products, services or any other material available on or via these websites or external sources. Furthermore, Collective Audience cannot be held liable for any proven or alleged consequential damages or losses, or any relative to the use of the goods and services available on these websites or external sources.

Members are informed that Collective Audience may be compelled to disclose any content in order to comply with applicable law or, if in good faith, it deems that such measures are necessary, notably within the framework of judicial proceedings, and particularly to enforce compliance with the GTCU, in order to respond to complaints and/or claims invoking the violation of the rights of third parties, and to protect these rights or interests, its Members or Users, or the public, without this list being exhaustive.

The Services are provided as-is. Collective Audience cannot be held liable for Member or User software deterioration, or any computer hacking they may fall victim to while using the Services, and which is not directly attributable to an error on the part of Collective Audience.

The beta version is likely to possess anomalies, and only offers a version of the Website with limited features.

Since the data stored on the Website by Collective Audience may be destroyed, each Member is urged to store backup copies of their data.

With regard to the beta version, Collective Audience cannot guarantee Members a certain level of service or upkeep. In consequence, accounts are likely to be deleted without notice.

10. Website Availability

Collective Audience will make every possible effort to ensure that the Website and Services are available to Members at all times.

Use of the Website and Services may be momentarily interrupted for any reason beyond Collective Audience's control, which includes cases involving force majeure, maintenance, technical updates or improvements, or changes to its content and/or appearance.

Collective Audience is not responsible for any reason whatsoever if the Website or Services do not function, cannot be accessed or operate under poor conditions.

Collective Audience cannot be held liable for any loss and/or damages caused by the unavailability of the Website and/or Services.

11. Termination of Contract

The GTCU constitute a contract between Collective Audience and the Member or User.

In particular, Collective Audience is fully authorized to delete a Member Account if the Member fails to comply with any of their obligations in accordance with the GTCU.

If a Member fails to comply with the stipulations set out in the GTCU, Collective Audience, without prior notice and without compensation, and without prejudice to any other recourse whatsoever, reserves the right to stop providing all or part of the Services and, in particular, suspend, in whole or in part, access to the Website, close a Member Account, and block any new registration attempt by the Member, and/or consider this contract automatically terminated without prejudice to any damages and interests that Collective Audience or possible Partners or third parties may claim.

This exclusionary measure is implemented without prejudice to any criminal or civil legal proceedings which the Member or User may be subject to by the public authorities, Partners or third parties, or Collective Audience in cases where the Member's conduct may have harmed its interests.

12. Changes to the GTCU

Collective Audience can make changes to the GTCU at any time. Members or Users will be notified of the nature of these changes as soon as they are posted on the Website. The changes will enter into force one month after being posted on the Website. Changes will immediately apply to Members who register after the changes are posted on the Website, and who expressly accept them during the Account confirmation process.

13. Miscellaneous Provisions

If any part whatsoever of the GTCU should be unlawful, invalid or unenforceable for whatever reason, the term or terms in question will be declared non-existent, and the remaining terms will retain their full force and scope, and continue to apply. The terms declared non-existent will be replaced by terms that most match the content of the canceled clause and BeOp’s original intentions.

14. Proof

The logs stored in Collective Audience's information system and under security conditions generally recognized as reliable, are considered proof of any communication, agreements and payments made between the parties, unless proven otherwise.

The evidential value of these logs cannot be called into question simply due to their electronic nature.

15. Court having Jurisdiction, and Applicable Law

** THE GTCU ARE SUBJECT TO FRENCH LAW.**

IN THE EVENT OF A DISPUTE REGARDING THE MEANING OF A TERM OR PROVISION IN THE GTCU, THE MEMBER OR USER CAN CONTACT BEOP BY SENDING A REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT TO: SAS THE ODYSSEY – 33 RUE LA FAYETTE, 75009 PARIS.

IN THE EVENT OF A DISPUTE, BEOP AND THE MEMBER OR USER WILL STRIVE TO REACH AN AMICABLE SOLUTION.

ALL LEGAL CLAIMS RESULTING FROM THE GTCU THAT WERE NOT RESOLVED AS DESCRIBED IN THE PRECEDING PARAGRAPH WILL BE JUDGED BY THE COMPETENT COURT OF JURISDICTION IN PARIS.