Conditions applicable to users
I. General conditions
Shake My Keys is a mobile application for connecting individuals, in the concierge services sector.
Shake My Keys headquartered at 123, Avenue de la Liberté, 1080 Brussels, Belgium Shake My Keys is a mobile application available on Apple Store and Google Play.
Shake My Keys isn't completely free. Private concierge services are only accessible for a minimum amount of 10 Euro at the discretion of the customer. Shake My Keys takes a service charge from this amount left by the customer to enable a high standard of technology and service. The customer himself defines the amount that will be debited from the credit card that he has communicated. The download of the application as well as the registration will not be charged to the user. Shake My Keys is intended exclusively for individuals and only individuals can register.
Our Site: The website whose URL is www.shakemykeys.com
The mobile application: Shake My Keys App, available on Google play and Apple Store.
Client: this is a person registered on the mobile application, acting in his name and on his behalf, who is looking for an individual concierge to help him carry out a service or a purchase by putting him in touch with a professional.
Concierge: This is a person registered on the mobile application as an individual , acting in his name and on his behalf, who seeks to be contacted by an individual in order to put him in touch with professionals in order to obtain goods and / or services.
Request: subject of a request for services as mentioned in a request posted on the Shake My Keys mobile application by individuals to other individuals.
Member: Internet user registered on the mobile app, who can be independently customer or concierge
Service: refers to the provision of Service mediated by Shake My Keys on its mobile application requested by the Customer in the context of the request made;
Partner: a person who participates in negotiations with Shake My Keys as part of an operation and represents the same interests.
3) Role of Shake My Keys
3.1 Shake My Keys is a connecting platform between clients and concierges which allows members:
1) to seek and offer concierge services within a legal framework.
2) to put themselves in direct contact between individuals for the provision of services by third parties. The tools and services developed by Shake My Keys, which are its property, are therefore solely intended to:
3.2 Shake My Keys does not play any other role than that of a networking platform between the parties, therefore:
is not a recruiter, employer, temp agency or temporary work company;
does not exercise any relationship of subordination towards clients or concierges;
is in no way mandated by customers to search for third parties capable of provide services;
is in no way mandated by the concierges to look for third parties requesting the provision of services;
is in no way a party to the contract which may possibly unite a customer and a concierge;
does not intervene at any time in the provision of services between client and concierges, who go beyond the scope of the mobile application's skills and intervention.
3.3 Members get in touch with each other in complete freedom, based on requests made by customers and concierges on the platform, without Shake My Keys intervening at any time in this selection process.
Customers are free to write their queries on the application. The concierges in the requested geographical area choose as they see fit the requests that suit them, for which they feel competent.
The customer can retract his request as long as no concierge has yet accepted the request. In the event that the client decides to withdraw his request after being put in touch with a concierge, he will have to pay the minimum sum of 10 euros, which includes the tip to the concierge as well as the Shake My Keys service fee.
4) Access to the mobile application
4.1 Any natural person can download the mobile application freely and free of charge, subject to paying for the equipment necessary to access it (smartphone, connection to the Internet network, etc.) and the usual costs associated with connecting the application. , except the possibility of benefiting from free Internet access points.
However, and without prejudice to the application of Article 5 below, minors are not allowed to connect to the application.
4.2 Shake My Keys, which reserves the right in its sole discretion to interrupt one of the services of the application at any time, will do its best to ensure that the application is accessible 24 hours a day, 7 days a week, subject to :
constraints inherent in the functioning of the Internet;
maintenance interventions necessary for the proper functioning or development of the application;
any bugs or failures; force majeure or events beyond the control of Shake My Keys. In general, Internet users and Members declare that they accept the characteristics and limitations inherent in the Internet, and in particular recognize:
that access or use of the application is at their own risk, the platform being accessible "as is";
that it is their responsibility to take all appropriate measures to protect their hardware, software and data from possible attacks that may occur on or via the Internet, such as for example computer viruses.
4.3 It is strictly forbidden to access the application to advertise a company or its products or services.
5) Membership registration
5.1 Can only register on the application the adult natural persons according to the legislation in force in their country and fully enjoying their legal capacity.
5.2 In order to publish a request or assist an individual in his request, the individual must register on the app to become a Member. To do this, he can:
go to the app, click on the "I'm a client" tab and fill in the required fields appearing on the app's registration form (last name, first name, password, country, city, phone, valid email address, valid credit card ...). Once these fields have been completed, the Internet user must validate his registration form by clicking on the "Registration" button and accept the General Conditions of the application.
go to the app, click on the "I'm a concierge" tab and fill in the mandatory fields appearing on the app's registration form (last name, first name, password, country, city, phone, valid email address, bank account ...). Once these fields have been filled in, the Internet user must validate his registration form by clicking on the "Registration" button and accept the General Conditions of the application. The request must then be validated by Shake My Keys which reserves the right to refuse a membership.
5.3 By validating their registration, the Internet user acknowledges having completed the registration form truthfully and as precisely as possible, using current personal data. If required information were to be modified over time, the Member undertakes to modify them in his profile as soon as possible.
5.4 The Member must ensure the confidentiality of his username and password. He will be solely responsible for the use of these identifiers, whether fraudulent or not. If a Member finds that their identifiers are used fraudulently by a third party, they undertake to immediately notify Shake My Keys by email: email@example.com
5.5 Shake My Keys reserves the right to refuse the registration of any natural person who does not comply with these General Conditions or the legislation in force.
6) Exclusion and withdrawal of a member
6.1 Any violation of these General Conditions by a Member may lead to his exclusion from the mobile application.
6.2 In general, Members undertake to refrain from using the Site for any purpose:
offensive, defamatory, contrary to public order and good morals;
violating the privacy of third parties;
of a direct advertising or promotional nature or constituting prohibited advertising under the applicable texts (in particular for tobacco or alcohol);
constituting the sending of unsolicited messages of a commercial nature;
intended to circumvent the social and fiscal rules applicable to job applications or offers;
incompatible with the protection of personal data;
constituting a denigration of a company or its products, parasitism, unfair competition or counterfeiting;
affecting the operation of the application;
and more broadly infringing any law or regulation in force.
6.3 In case of exclusion of a Member, no liability of Shake My Keys can be incurred and all its requests will be deleted.
6.4 Any Member may, at any time, close his account, subject to compliance with the obligations imposed on him before this closure (performance of a service, payment of tip costs following a request, etc.)
7) Basic contract
7.1 The application for registration and registration is free for all users. Use of the Chatbox feature between concierges is free on Shake My Keys.
7.2 The contract for the use of the basic functions (basic contract) of Shake My Keys is concluded for an indefinite period and can be terminated without notice by either party at any time. To terminate the contract, the User must delete the registration data on the "Account" menu tab by clicking on the "Delete my account" button. After that, the User receives a confirmation in the form of a banner directly on the application and not by email.
7.3 The User account will be deleted upon termination of the basic contract. After termination of the contract, the User cannot request the publication or return of the content he has published.
8) Tips and service charges
8.1 The customer undertakes to pay an amount of at least 10 euros to the concierge for his research efforts even in the event that the request is not conclusive with the third-party provider (lack of availability, too short a time, too high estimate, etc. ..)
The cost of the service charge is 50% of the amount of the tip paid to the concierge. A minimum amount of 10 euros will be required as soon as the request has been accepted by a concierge. The service charge gives the following rights to the user:
• Access to tools to manage the relationship with the concierge
• Customer service and administrative services
8.2 The service charges are payable when transferred to the concierge wallet.
8.3 Shake My Keys reserves the right to change the amount of the service charge. In this case, active users will be notified when booking a concierge, in the form of a notification to be accepted by clicking on the confirmation button relating to this effect.
8.4 In the event of the deletion of your concierge account, a message will alert you concerning the transactions that may be in progress. The user will have one month after deleting their account to request a refund of their pot. After this period, the "wallet" will be considered abandoned.
8.5 The publication of a request on the application entails the minimum payment of 10 euros, once this request has been processed by a concierge. The amount of 10 euros is an introductory price, this minimum amount could be increased in the future, the customer will be informed of the minimum amount required.
9) Terms of payment
Shake My Keys uses the services of the Stripe platform
9.1 Tips to concierges including service charges are payable in full, by secure payment, debited from the credit card provided at registration.
9.2 Proof of the financial transaction results from the data recorded by the online payment organization selected by Shake My Keys. Members are invited to keep for their personal needs the electronic ticket issued by the online payment organization, which contains all the elements of the payment and the result of the bank authorization request.
By using the application, the members of the site accept the general conditions of use of the Stripe platform, which can be found at the following address: https://stripe.com/en-be/privacy
9.3 The service charges are payable by the customer and are withheld when depositing the pot for the concierge.
9.4 The amount defined by the customer will be made via the payment card registered during registration.
9.5 When the User benefits from a reduction code, he will have access to the relevant offer for a limited period. There are therefore no further charges and no corresponding invoice. The length of this period depends on what is specified by the code or benefit.
9.6 The invoicing of service fees, transactions between members will be produced digitally, there will be no paper documents. All these elements depending on the user's activity will be accessible on the application and can be found in the user dashboard, in the "Account, payments" area and can be viewed at any time.
9.7 The transaction vouchers summarize the customer's request, the concierge concerned and the tip defined by the customer.
9.8 Electronic payment services for member benefits are provided by Stripe. By using the Site, the members of the site accept the general conditions of use of the Stripe platform, available at the following address: https: //stripe.com/en-be/privacy
Because Shake My Keys allows payments to be made through Stripe, you agree to provide Shake My Keys with accurate and complete information about you and your activity, and authorize Shake My Keys to share this information as well as any transactions made. via the payment solution provided by Stripe.
9.7 After 12 months of complete inactivity of the account, characterized by no connection to the Shake My Keys account, the content of the Wallet will be considered abandoned.
10) Refund of tips and service charges
10.1 Once the request made by the customer is taken care of by the concierge. The customer agrees to pay a minimum sum of 10 euros.
Once a tip (including service charge) has been paid to a concierge. This amount cannot be refunded under any circumstances.
11) Liability of Shake My Keys
11.1 Shake My Keys is not responsible for the content of requests hosted on its application at the initiative and under the responsibility of Members.
11.2 Shake My Keys cannot be held liable in the event of a conflict or dispute relating to the content of the information communicated by Members on the App (texts, images, photographs, logos, etc.) as long as Shake My Keys, which is only the host of the requests published on the App by its Members, is not notified, under the conditions provided for by law, of the content present on the app presented as being illegal.
This being specified:
Shake My Keys invites Internet users and its Members to inform it, at the email address - firstname.lastname@example.org - of any possible abuse observed on the app;
Members who believe that the content inserted on the App by an Internet user or another Member infringes their rights or the General Conditions can send a message if they wish to: email@example.com
11.3 Important: When members agree freely, from the requests published on the App, on the performance of a service by a third party. A contract is formed between the customer and the service provider to which Shake My Keys is not a party.
The non-performance or improper performance of this contract between members and third-party providers is not the responsibility of Shake My Keys but that of the customer, the concierge or the recommended service provider who has not respected the resulting obligations. of the agreement entered into with its co-contracting party.
a) Members of the App declare that Shake My Keys is exempt from all liability:
relating to responses or lack of response obtained following the publication of a request.
related to the selection or non-selection of a concierge for a specific request; relating to the smooth running or result of a service (for example the fact that a service provider recommended by a concierge does not show up, the quality of service, the service time, etc.);
relating to the payment of a service;
linked to quality control and the performance of the service;
or more broadly in the event of a conflict or dispute arising between Members.
b) Members are solely responsible for direct or indirect, material or immaterial damage and prejudice caused between them to Shake My Keys and / or any third party and undertake in particular to indemnify Shake My Keys in the event of a request, claim and / or an order for damages of which Shake My Keys could be threatened or be the object and / or which could be pronounced against the latter, including the reasonable costs of lawyers that Shake My Keys may have been led to expose , as soon as these requests, complaints and / or convictions are caused, founded or originated from the information communicated by Members on the App or the performance of services provided in application of information communicated by Members on the App.
11.4 Shake My Keys declines any responsibility for the reliability of the information visible on the App and / or the site, as well as for the access, content and use of websites published by third parties which may be where applicable, accessible from the Site or the App by means of hypertext links.
11.5 Shake My Keys declines all responsibility for indirect losses, loss of profit, loss of profit, loss or alteration of data, as a result of browsing the App or the use of its features and does not guarantee that its platform is accessible and functional at all times.
11.6 Shake My Keys is not responsible for the content of any advertising that may be accessible from the Site or the App, as well as the products or services offered through them.
11.7 All the photographs and images presented on the Site and the App are not contractual but merely illustrative in that they constitute only simple illustrations of the content of the requests made. Shake My Keys cannot be held responsible if a photograph or image does not reflect the reality of a service.
12) Liability of members
12.1 Members acknowledge that they are solely responsible for all content that they insert on the App (text, photographs, images, logos or other content).
12.2 Members recognize that they are solely responsible for the proper performance of the obligations they undertake towards their co-contracting party (client, concierge or third party service provider) for the fulfillment of a request.
13) Intellectual property
13.1 Shake My Keys is the holder of the intellectual property rights on the App considered to support requests published by Members (Site architecture, organization of functionalities, ergonomics, software functionalities, etc.). Any resumption of the constituent elements of the App without the prior written authorization of Shake My Keys is likely to constitute an infringement and to engage the civil and / or criminal liability of its author.
13.2 Members undertake not to publish on the App any element (text, photograph, image, logo or any other creation or sign subject to intellectual property rights) without the prior written consent of the rights holder.
13.3 As necessary, Members grant Shake My Keys a license to use the intellectual property rights attached to the content that they could, if necessary, insert on the App. This worldwide license and for the duration of the rights in question includes in particular the right for Shake My Keys to reproduce, represent or adapt said content to allow their optimal presentation on the App (in particular with regard to its graphic charter and its technical performance) .
14) Personal data
14.1 Member data
In accordance with the provisions of the Law on the protection of individuals with regard to the processing of personal data,
The data entered by Internet users to proceed with their registration as a Member is intended for Shake My Keys to enable it to take any useful measure for the hosting, publication and management of Members' requests, the invoicing of service fees. , carrying out statistical studies, personalization services for its interactions with its Members (alerts linked to the publication of new requests, e-mails, notifications, etc.) and more generally the functioning of the App. These data will be integrated into a database accessible to Shake My Keys and, where applicable, for the formalities of payment of service fees, to the banking partner who could intervene in this process. It is specified that Shake My Keys reserves the right to share with its Members or partners the results of statistical studies that do not make direct reference to personal data.
The collection of the nominative information of Members for the purposes of access to the functionalities of the App is mandatory, this information being essential for the identification of the persons who request the publication of requests on the App and for the identification and management. clients of Shake My Keys. Failure to transmit certain data can therefore directly defeat registration on the App.
Members providing proof of their identity may require that, as the case may be, rectified, completed, updated, locked or erased personal data concerning them, which are inaccurate, incomplete, equivocal, out of date, or whose collection, use, disclosure or retention is prohibited. These rights may be exercised by e-mail to the following address - firstname.lastname@example.org - Members must mention the fields, data and / or information they wish to modify.
14.2 Member data
Shake My Keys has taken great care to store Member data in a secure environment. However, Members are invited to inform Shake My Keys without delay of any finding of a possible breach of security resulting in accidental or unlawful destruction, loss, alteration, disclosure or unauthorized access to personal data concerning them.
Unless they have previously agreed at the time of registration through a voluntary checkbox, Shake My Keys does not intend to sell the data managed by its Members, nor to transfer them directly or indirectly or to exchange them with third parties. . Shake My Keys will also not use this data in connection with any ad exchange networks or systems, data brokers or other advertising-related tools.
In the event of serious and consistent indications of a violation of the Law on the protection of individuals with regard to the processing of personal data by a Member or by any other third party, Shake My Keys reserves the right to communicate to the competent authorities all relevant personal data.
14.3 Warning on the protection by Members of their personal data Shake My Keys draws the attention of Members to the fact:
that the information accessible from their accounts constitutes personal data;
that the use, by their care and under their responsibility, of the functionalities for publishing requests that are available from the App must be undertaken in accordance with the provisions of the Law on the protection of individuals with regard to processing personal data, which means in particular not to misuse the personal data of third parties;
that they must, in general, exercise caution when posting personal data on the Internet (in particular because, even after deleting a request or terminating their account, certain information may remain visible on the Internet, in particular especially if they have been shared, archived or copied on a third party site).
14.4 Quality of service
For the sake of quality, Shake My Keys reserves the right to consult discussions between clients and concierges, as well as discussions between concierges.
Discussions will be watched in order to ensure the quality level of services as well as the good behavior of members on the platform.
These data will not be transmitted to any organization.
In the event of proven fault with the general conditions, or in the event of violation of the law, Shake My Keys reserves the right to ban a member (customer or concierge).
15) Connection data (cookies)
16) Newsletters / Newsletters
16.1 By entering their electronic address (e-mail) on the Site or on the App, Members agree that Shake My Keys sends them, at a frequency and in a form that it will have decided, a newsletter / Newsletter .
16.2 Subject to ticking the box provided for this purpose when registering, Members agree, under the same conditions, to receive information letters from Shake My Keys partners.
16.3 Members will be able to unsubscribe from the newsletters at any time by clicking on the link provided for this purpose in the newsletters.
17) Notification of infringements
In view of the general interest attached to the repression of the apology for crimes against humanity, of incitement to racial hatred as well as of child pornography, of incitement to violence, in particular incitement to violence against women, as well as attacks on human dignity, you have the possibility to send us, at any time, an alert if you notice that any content on the Site is likely to constitute an infringement of this type, to the following address: - email@example.com -.
18.1 SUBJECT TO THE COMPATIBILITY OF THIS CLAUSE WITH THE LEGISLATION APPLICABLE TO THE LITIGATION, ANY DISPUTE OPPOSING SHAKE MY KEYS AND A MEMBER CONCERNING THE VALIDITY, INTERPRETATION OR EXECUTION OF THESE GENERAL CONDITIONS NOT ADDRESSED AT AMICABLE TO BELGIAN COURTS EVEN IN CASE OF MULTIPLE DEFENDANTS OR AN APPEAL FOR INTERVENTION OR GUARANTEE, INCLUDING FOR EMERGENCY OR REQUEST PROCEEDINGS, AND TO BELGIAN LAW.
18.2 Shake My Keys is not a party to the contract which may unite the client, the concierge and the third-party service provider, so it cannot be called upon to help resolve a dispute between two Members. It can only invite the Members concerned to cooperate in order to find an amicable and speedy solution to their dispute.
19) Final provisions
19.1 The contracts between Shake My Keys and the User will be subject to the laws of the Kingdom of Belgium.
19.2 The Parties agree to exclude the provisions of Belgian international civil law which may give rise to the exclusive jurisdiction of another jurisdiction.
19.3 The Parties agree on the exclusive jurisdiction of the courts at the headquarters of Shake My Keys, if the user does not have a residence in Belgium.
19.4 If individual aspects of these General Conditions are legally invalidated, the remaining parts will not be affected and will remain binding.
19.5 Shake My Keys reserves the right to modify these GENERAL CONDITIONS at any time and without indicating the reason for such modification, as long as these modifications are based on changes in the services provided by Shake My Keys, changes in Shake My Keys or during legal changes or changes due to technical requirements. This includes the offering of new services by Shake My Keys. The amended Terms and Conditions will be sent to the user in advance by email and to be accepted to continue using the Shake My Keys App. If the User does not dispute the amended General Conditions within six weeks, they will be deemed accepted. If the User disputes them, Shake My Keys may terminate the User account. Shake My Keys will separately set out these legal consequences in the email with the amended General Conditions.
19.6. The User can refer the matter to the European mediator, whose contact details and modalities are only available on http://ec.europa.eu/consumers/odr/.
20) Role of the client
20.1 The role of the customer is to put online, in complete freedom and under his sole responsibility, requests that truly correspond to his personal needs and including a detailed description of the requested service.
20. 2 The customer is free to choose the nature of the service sought as long as this does not go against the laws in force, nor these General Conditions. He reserves the right freely at the close of his requests published on the app, to define the deserved amount that he takes the initiative to pay (Min. 10 Euro)
21) Client commitments
21. By choosing to publish a request, the client:
undertakes to provide only accurate and truthful information concerning his identity;
undertakes to create only a single account and not to create a Member account for a third party;
undertakes to describe as precisely and as exactly as possible the content of the request for which he seeks the assistance of a concierge;
undertakes to only request the performance of services under conditions compatible with the legal rules applicable to services between individuals or legal person representing a business;
agrees to receive electronic mails (emails) and / or internal messages from Shake My Keys advising him of the care by a concierge in relation to the request drafted by him;
undertakes to be present at the place and at the date and time indicated in the confirmation and to remunerate the service provider recommended by the concierge for the amount agreed.
22) Concierge / Client Relations
22.1 To be put in touch with a customer, the concierge must select a request for which he feels competent by clicking on the “Take in Charge” button on the concierge dashboard. Therefore, following this validation, the customer will have the possibility of communicating directly with the concierge through the internal private messaging Shake My Keys.
22.2 Shake My Keys draws the attention of customers to the fact that once the request has been selected by a concierge to assist in carrying out a service. This constitutes a firm and definitive commitment to remunerate the concierge a minimum of 10 Euros (service charges included). This firm commitment materializes as soon as the concierge clicks on the support button provided for this purpose.
22.3 Within 24 hours of this validation, Shake My Keys takes note of this event by sending the concierge and the customer a notification message to the respective electronic addresses (e-mails) entered in their profiles. Shake My Keys cannot be held responsible for not receiving this email if the email address of the customer or concierge is incorrect or out of date.
22.4 In general, Shake My Keys strongly recommends that the concierge carry out the necessary verifications with the service provider before the validation of his choice to provide a service and / or before the service is provided, by checking, among other things, (non-exhaustive list) that:
the provider is of legal age to perform this service;
the service provider is qualified to perform this service;
the service provider is duly insured to perform this service;
The service provider is able to provide the customer with a valid invoice.
23) Request publication fees
The customer must pay a tip of at least 10 euros, this amount includes service charges. (Introductory offer, this amount may be revised upwards).
24) Formalities related to payment for the provision of services by the concierge
24.1. TO THE EXTENT THAT THE CONCIERGE MAKES THE CONNECTION AS AN INDIVIDUAL, THEY ARE RESPONSIBLE FOR TAKING ALL THE NECESSARY APPROACHES TO THE COMPETENT BELGIAN PUBLIC BODIES CONCERNING ANY DECLARATION AND THE PAYMENT OF ANY TAX RELATED TO HIS REMUNERATION.
24. 2 Shake My Keys can in no way be held responsible for a failure of the concierge in his reporting obligations.
26.1 In order to ensure the quality of our concierges Shake My Keys, has implemented a system of assessment and evaluation.
26.2 Customers are also invited to rate the concierges who have assisted them in recommending and / or booking services, this enables other customers to be informed about their reliability and efficiency.
26.3 In all cases, the client will avoid all abusive, slanderous, defamatory or any other reprehensible words against a concierge with whom he would be in conflict or in dispute, if necessary, under penalty of receiving a warning. from Shake My Keys or to be excluded from the App altogether.
27) Subject of requests written by the client
Queries posted on the App by the customer must comply with the legislation in force.
28) Requests prohibited
It is prohibited to write on the app requests that are contrary to legal provisions, public order, good morals or these General Conditions.
29) Place of organization of a service
29.1 The location of a service is freely decided by the customer and must be informed as precisely as possible to the concierge so that the latter can organize in the most optimal way, the service or delivery desired by the customer.
29. 3 If the service takes place in a private space belonging to the customer, he must make it available to the service provider for the smooth running of the provision of services, taking all necessary precautions for his monitoring and insurance.
29. 4 If the service takes place in a private space that does not belong to the customer, the service provider cannot be asked to pay additional costs when he arrives in the place if the service provider has not been notified in advance.
29. 5 The customer agrees to do what is necessary so that the service can take place at the location agreed with the concierge or with the service provider.
30) Date, time and duration of a shift
The date, time and duration of a service are freely chosen by the customer (who can agree with the concierge or the service provider directly to change them if necessary).
31) Price of a service
The price of a service is freely set by the service provider requested by the concierge, a quote will be presented to the customer who must agree to the amount of the quote before the concierge reserves said service on behalf of the customer.
Shake My Keys reserves the right to make spelling, grammatical and syntactic changes to any content posted on the Site or on the APP without modifying the nature of the customer's request. Shake My Keys is under no obligation to notify Members of these changes.
The way in which their personal data are collected and processed. All data capable of identifying a user must be considered as personal data. These include the first and last name, age, postal address, email address, location of the user or his IP address;
What are the rights of users regarding this data;
Who is responsible for the processing of personal data collected and processed;
To whom this data is transmitted;
Possibly, the site's policy regarding "cookies" files.
ARTICLE 2: GENERAL PRINCIPLES REGARDING THE COLLECTION AND PROCESSING OF DATA
In accordance with the provisions of Article 5 of European Regulation 2016/679, the collection and processing of site user data respects the following principles:
Lawfulness, loyalty and transparency: data can only be collected and processed with the consent of the user who owns the data. Whenever personal data is collected, the user will be informed that their data is collected, and for what reasons their data is collected;
Limited purposes: the collection and processing of data is carried out to meet one or more objectives determined in these general conditions;
Minimization of data collection and processing: only the data necessary for the proper execution of the objectives pursued by the site are collected;
Conservation of data reduced in time: the data is kept for a limited period of time, of which the user is informed. When this information cannot be communicated, the user is informed of the criteria used to determine the retention period;
Integrity and confidentiality of data collected and processed: the data controller undertakes to guarantee the integrity and confidentiality of the data collected.
In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal data may only take place if they comply with at least one of the conditions below. after listed:
The user has expressly consented to the processing;
Processing is necessary for the proper performance of a contract;
The processing meets a legal obligation;
The processing is explained by a need related to the protection of the vital interests of the data subject or of another natural person;
The processing may be explained by a need linked to the performance of a task of public interest or which falls within the exercise of public authority;
The processing and collection of personal data is necessary for the purposes of the legitimate and private interests pursued by the controller or by a third party.
ARTICLE 3: PERSONAL DATA COLLECTED AND PROCESSED IN THE CONTEXT OF NAVIGATION ON THE WEBSITE OR THE APP
A. DATA COLLECTED AND PROCESSED AND METHOD OF COLLECTION
The personal data collected on the Shake My Keys application are as follows: Last name, First name, Date of birth, City, Email address, Phone number.
This data is collected when the user performs one of the following operations on the site:
When the customer or the concierge creates an account.
In addition, when paying a tip on the app, proof of the transaction including the order form and invoice will be kept in the site editor's computer systems.
The data controller will keep all the data collected in his site's computer systems and under reasonable security conditions for a period of: “cookies” are kept for a maximum period of 13 months; Data collected through prospecting is kept for a maximum of 3 years;
The rest of the Data is kept 5 years after the last use of the Platform if the Member has not deleted their account;
In the event of deletion of the Member's account, the Data will be deleted as soon as possible, completely and definitively.
The collection and processing of data serve the following purposes:
Connection between individuals,
Obligation of platforms
The data processing carried out is based on the following legal bases: User consent
Explicit mandate given by the user during a request
B. TRANSMISSION OF DATA TO THIRD PARTIES
The data may be transmitted to the third party (s) listed below:
Some data is transferred to our mailing service provider MailGun.
The data may be transferred to bodies of private or public law if this is provided for by law)
We may also disclose your information to the authorities, if we believe, in our sole discretion, that we are legally obliged or authorized to do so or that it would be prudent to do so.
Your personal information may be transferred and processed in one or more other countries, inside or outside the European Union. We will transfer your personal information outside the European Union only to countries considered by the European Commission to guarantee an adequate level of protection (a list of the countries concerned is available here: https://ec.europa.eu/info/ law / law-topic / data-protection / international-dimension- data-protection / adequacy-decisions_en).
C. DATA HOSTING
The Shake My Keys site is hosted by: DIGITAL OCEAN, whose servers are located at AMS2, AMS3: Amsterdam, the Netherlands
The data collected and processed by the site are transferred to the following country (ies): United-States
ARTICLE 4: DATA CONTROLLER AND DATA PROTECTION OFFICER
A. THE DATA CONTROLLER
The person responsible for processing personal data is: Ahlem Mosaddak
He can be contacted as follows: firstname.lastname@example.org.
The data controller is responsible for determining the purposes and means used for the processing of personal data.
B. OBLIGATIONS OF THE DATA CONTROLLER
The data controller undertakes to protect the personal data collected, not to transmit them to third parties without the user having been informed and to respect the purposes for which these data were collected.
The site has an SSL certificate to guarantee that the information and the transfer of data passing through the site are secure.
An SSL certificate ("Secure Socket Layer" Certificate) is intended to secure the data exchanged between the user and the site.
In addition, the data controller undertakes to notify the user in the event of rectification or deletion of the data, unless this entails disproportionate formalities, costs and procedures for him.
In the event that the integrity, confidentiality or security of the user's personal data is compromised, the data controller undertakes to inform the user by any means.
C. THE DATA PROTECTION OFFICER
In addition, the user is informed that a Data Protection Officer has been appointed: Ahlem Mosaddak
The role of the Data Protection Officer and to ensure the proper implementation of national and supranational provisions relating to the collection and processing of personal data. It is sometimes called DPO (for Data Protection Officer). The data protection officer can be reached as follows: email@example.com
ARTICLE 5: USER RIGHTS
In accordance with the regulations concerning the processing of personal data, the user has the rights listed below.
In order for the data controller to grant his request, the user is required to provide him with: his first and last name as well as his e-mail address, and if relevant, his account or personal space number or subscriber.
The data controller is required to respond to the user within a maximum of 30 (thirty) days.
A. PRESENTATION OF THE USER'S RIGHTS IN TERMS OF COLLECTION AND
PROCESSING OF DATA
at. Right of access, rectification and right to deletion
The user can take cognizance, update, modify or request the deletion of the data concerning him, by respecting the procedure set out below: The user has the possibility of changing all the personal data, or requesting the deletion, through of his personal space on Shake My Keys
He can also make a request by email: firstname.lastname@example.org
If he has one, the user has the right to request the deletion of his personal space by following the following procedure:
Request the deletion of the account via the link provided for this purpose in the account profile. b. Right to data portability
The user has the right to request the portability of his personal data, held by the site, to another site, by complying with the following procedure:
The user must make a request by email to email@example.com
c. Right to limit and oppose data processing
The user has the right to request the limitation or to oppose the processing of his data by the site, without the site being able to refuse, except to demonstrate the existence of legitimate and compelling reasons, which may prevail over the interests and the rights and freedoms of the user.
In order to request the limitation of the processing of their data or to formulate an opposition to the processing of their data, the user must follow the following procedure: The user must make a request by email to firstname.lastname@example.org
d. Right not to be the subject of a decision based exclusively on an automated process
In accordance with the provisions of Regulation 2016/679, the user has the right not to be the subject of a decision based exclusively on an automated process if the decision produces legal effects concerning him, or significantly affects him. similar way.
e. Right to seize the competent supervisory authority
The user has the right to lodge a complaint with the local data protection authority at the place where he resides or works or where he considers that a problem related to his data has occurred.
ARTICLE 6: USE OF "COOKIES"
The site may use the techniques of "cookies".
A cookie is a small file (less than 4 kb), stored by the site on the user's hard drive, containing information relating to the user's browsing habits.
These files allow it to process statistics and traffic information, facilitate navigation and improve the service for the convenience of the user.
For the use of "cookie" files involving the saving and analysis of personal data, the user's consent is necessarily requested.
This user consent is considered valid for a maximum period of 6 (six) months. At the end of this period, the site will again request the user's authorization to save "cookie" files on their hard drive.
at. User opposition to the use of "cookie" files by the site
Cookies that are not essential for the operation of the site are only placed on the user's terminal after obtaining their consent. The user can withdraw his consent at any time, as follows:
Cookies can be easily removed in the browser settings.
More generally, it is brought to the attention of the user that he can oppose the recording of these "cookie" files by configuring his browser software.
For information, the user can find at the following addresses the steps to follow in order to configure his browser software to oppose the recording of "cookie" files:
Firefox: https://support.mozilla.org/fr/kb/enable-and-disable-cookies-website- preferences
Internet Explorer: https://support.microsoft.com/fr-fr/help/17442/windows-internet- explorer-delete-manage-cookies
In the event that the user decides to deactivate the "cookies" files, he will be able to continue browsing the site. However, any dysfunction of the site caused by this manipulation could not be considered as being due to the site editor.
b. Description of the "cookies" files used by the site
The site editor draws the user's attention to the fact that the following cookies are used when browsing:
- Google Analytics
Purpose: measurement of the customer experience
- Facebook Pixel
The site editor reserves the right to modify it in order to guarantee its conformity with the law in force.
However, in the event of a substantial modification of this policy, the user will be informed as follows: