LEGAL TERMS
&
TERMS OF USE

Generalities

ZetaPush SAS (hereinafter referred as “ZetaPush”), publisher of the websites zetapush.com, blog.zetapush.com and zpush.io, provide BaaS services to host, deploy, test and execute applications and websites of any natural or legal person (hereinafter referred as “Customer”) wishing from it to benefit.

To benefit from these services, the Customer beforehand has to consult and accept the present general terms of use (hereinafter referred as “GTU”)

The present GTU can be modified at any time with prior notification to the Customer. We strongly recommend to regularly consult our GTU.

Definitions

Cloud Computing

Concept servers dematerialization for online data storage.

Scalability

Capacity to absorb peak of activities by maintaining the same level of service and performance.

Cluster

Set of resources available for Customers.

Application

An application allows to realize one or several tasks. Application is deployed and executed on a part of a cluster. Applications are isolated each other.

Service / Cloud Service

Part of an application.

BaaS (Backend as a Service)

Cloud computing model in which the Customer consumes server resources. The platform is entirely managed by the cloud supplier.

Purpose

The present GTU aim to determine the supply terms and use of all services proposed by ZetaPush and used by the Customer.

Intellectual Property

All contents, solutions, platform and services provided by ZetaPush are its exclusive property and must be used with express authorization of the holder.

So are protected, without any restriction, any editorial or graphic content as well as the graphic charter, logo, name, brand and domain names of ZetaPush. For a part of the graphic content, all credit goes to Freepik.com.

Any representation, reproduction or distribution of any ZetaPush contents, even partial, for commercial purposes, is strictly forbidden and can be under threat of prosecution.

ZetaPush Obligations and Responsibilities

ZetaPush commits to ensure the effective functioning of all proposed services described above and is responsible of any dysfunction of its own actions.

As an exception to the above, ZetaPush disclaims all liability if the execution of the services is interrupted or disrupted, totally or partially, by an outside element independent from the will of the stakeholders such as a failure of the internet network, which ZetaPush can’t control.

In addition, ZetaPush disclaims all liability if the execution of the services is interrupted or disrupted, totally or partially, by an outside element independent from the will of the stakeholders such as a force majeure case. If the force majeure lasts more than one month, the contract can be cancelled by each of the stakeholders, according to conditions expressed below.

Lastly, ZetaPush disclaims all liability in the failure event of the Customer to his obligations detailed below.

Obligations and liabilities of the Customer

The Customer commits to convey exact and complete personal informations during his registration with ZetaPush. The Customer also commits to update the same personal informations when necessary.

The Customer commits to use ZetaPush’s services only and strictly for legal purposes, in conformity with current regulations.

The Customer convenants all service offerings subscribed in due time.

The Customer commits to take all suitable precautions to protect his personal and strictly confidential credentials. The Customer commits thus to choose a sufficiently secured password and not give it out externally. The Customer is responsible of his own personal and strictly confidential credentials.

Privacy policy and personal data protection

1. Respect of the applicable regulations

The stakeholders commits to respect the legal measures and regulations in effect including the Law of January 6th, 1978, referred to as the “Law on Information Technology and Civil Liberties”, that pertain to information technology, databases and civil liberties, the automated processing of nominative data, amended by the Law n°2004-801 of August 6th, 2004, as well as the Regulation (EU) 2016/679 of the European Parliament and the Council concerning the protection of the physical persons towards the personal data processing and concerning the free circulation of these data, and repealing the directive 95 / 46 / CE (general regulation on the data protection – GDPR), as from its date of application. Each stakeholder commits in particular, concerning the personal data processing under its responsibility, to make all the required formalities (statements, authorization requests, etc.) with the Commission Nationale de l’Informatique et des Libertés ( C.N.I.L) or of any other competent authority, and to respect the rights of the concerned people (in particular straight ahead of information, access, rectification and deletion of the data).

In its service offerings, ZetaPush propose solutions:

  • of hosting and functional services allowing the mobile and web application creation, named below “ZetaPush services”
  • of support and expertise in the realization of those applications for its customers, named below “Benefits”

2. Processing operations realized with ZetaPush services

The Customer, who remains solely responsible for the choice of the ZetaPush services, makes sure that the aforementioned services present the characteristics and the conditions required to be able to proceed to the personal data processing considered within the framework of the use of ZetaPush services, in view of the regulations in force, in particular when ZetaPush services are used to handle critical data (for example, health data).

2.1. Responsibility of the processing

The Customer remains solely responsible for personal data processing realized for his own account thanks to the use of ZetaPush services, whether it is by itself, by ZetaPush or by a third party.

2.2. Security

ZetaPush takes, in the conditions stated in the Contract, any useful precautions to protect security and privacy of the personal data in which it has access, in particular to prevent any distortion, damage or unauthorized access by a third party.

For this purpose, ZetaPush commits among other things not to reach nor to use the data of the Customer in other purposes that for the purpose of the execution of ZetaPush services (in particular service offerings or support) .

However, ZetaPush may be obliged to communicate the aforementioned data with judicial and/or administrative authorities, especially in case of requisitions. In this instance, and unless otherwise provided by law or order of the competent authority preventing it, ZetaPush commits to inform the Customer about it and to limit the communication of data to those expressly required by the aforementioned authorities.

ZetaPush commits to set up:

  • access controls via an authentication system and a password policy
  • a logical isolation system between each Customers
  • users and administrators authentication processes
  • an authorizations management system in case of support or maintenance operations
  • processes and facilities allowing to trace all completed actions on its information system and carry out reporting actions, in the event of an incident affecting Customer’s data, according to the current regulations.

Under no circumstances shall ZetaPush be liable for security incidents related to the use of Internet, particularly in case of loss, tampering, destruction, disclosure or non-authorized access to the Customer information or date.

2.3. Data location and transfer

Whenever the ZetaPush services allow the Customer to store contents, the data center(s) location or, as the case may be, the geographical zone, is specified in the contract.

Subject to the special conditions laid down by ZetaPush services, ZetaPush refrains from amending, without the Customer’s prior agreement, the location or the geographical zone stated in the contract, of the contents stored by the Customer in the context of the ZetaPush services

2.4. Audit

ZetaPush commits to make available, on specific request of the Customer to ZetaPush support, information concerning security measures implemented in the context of the ZetaPush services.

When the ZetaPush services are certified or subjected to specific procedures of audit, ZetaPush shall make available to the Customer related certificates and audit reports.

Some ZetaPush services are eligible for audits in the conditions stated in our Specific Conditions. The above-mentioned benefits might lead to an additional invoice

3. Processings performed as part of ZetaPush services for the Customer

Concerning the personal data processing realized by ZetaPush for the Customer throughout the use of ZetaPush services (especially for service offerings and support), ZetaPush acts as subcontractor only on Customer’s instructions.

4. ZetaPush processings

In the context of the provision and the sale of the ZetaPush services, ZetaPush collects some personal data of the Customer, which are subject to an automated processing, in the conditions stated by the Law n°78-17 aforesaid, for the purposes:

  • of customer relationship management (billing, support, services maintenance, sales management, archiving, telephony, improvement in quality, services security and performance, debt recovery, etc…)
  • of current regulation respect (especially legal obligations about retention of connection and identification data

ZetaPush commits not to use gathered data to other purposes than those above-mentioned.

However, ZetaPush may be brought to convey them to judicial or administrative authorities, especially in case of requisitions. In this case, and unless legal requirements preventing it, ZetaPush commits to inform the Customer about it and to confine the data notification to those expressly required by the aforementioned authorities.

Data processed for relationship management between the Customer and ZetaPush are consist on information such as last name, fisrt name, mailing address, e-mail address, phone numbers of Customer’s collaborators, and are stored by ZetaPush throughout the term of the contrat and for a period of thirty-six (36) months from the date of the termination.

Users’ connexion and identification data are stored by ZetaPush for twelve (12) months.

Other personal data collected and processed by ZetaPush in order to respect its legal obligations are stored according to the current regulations.

According to the Law “Information Technology and Civil Liberties” of January 6th, 1978, the Customer benefits from a right to access, correct and suppress the above-mentioned information concerning him.

The Customer can exercise this right and obtain communication of those information from the IT and Liberties Correspondent (CIL) of ZetaPush by e-mail at contact@zetapush.com, or by post at the following address:

ZetaPush SAS Correspondant Informatique et Libertés 1137A Avenue des Champs Blancs 35510 CESSON-SEVIGNE

by proving his identity. It will be answered within thirty (30) days following reception of the request.

Opening account modalities

Le Client remplit le formulaire d’inscription et crée des identifiants, dans le respect de l’article 6 des présentes CGU.

En cas d’oubli des identifiants, ces derniers sont envoyés par e-mail à l’adresse indiquée par le Client lors de son inscription, après demande expresse de sa part.

Le compte est activé suite à l’envoi d’un e-mail à l’adresse mail indiquée par le Client lors de son inscription.

GTU approval

The Customer declares that he has acquainted himself with the terms contained in the present GTU, that he understands and agrees with the rules and principles stated.

LEGAL TERMS

This website is edited and hosted by ZetaPush SAS.

ZetaPush SAS is a simplified joint-stock company with a capital of 22,862 € Registered at French Trade Register (RCS) in Rennes under the number RCS Rennes 809 463 912.

Its headquarters is located at 1137 a Avenue des Champs Blancs, 35510 Cesson-Sévigné, France.

VAT Number: FR 46 809 463 912

Contact
General support (commercial and other requests): +33 (0)2 30 96 47 36

Technical support: +33 (0)2 30 96 47 36

Technical support and general support are available Monday through Friday from 9 a.m to 6 p.m CET/CEST.

Editor in chief
Mikael Morvan (morvan@zetapush.com)

Property
Reproduction of content, in part or in whole is prohibited without authorization from ZetaPush SAS. Quoted marks are trademarks of their respective holders.

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