SocialDrink IQ terms and conditions of use
Information
This platform and these services are the exclusive property of SOCIALDRINK IQ, a joint stock company, registered with the Registraire des entreprises under 9366-0421 Québec inc, having its head office at 150 Boulevard de Mortagne E-mail address: aurelie.bourlot@socialdrink.io Telephone number: 438 883 7185 Publication Director: Aurélie Bourlot.
Preamble
SOCIALDRINK IQ has entered into contracts and agreements with its customers and partners for the provision of the platform, enabling them to monitor social networks in real time using a wide range of filtering functions.
Customers and partners have access to use and read the platform for their users.
As a client or partner user, you hereby declare :
you are aware of the conditions under which the platform operates;
have all the technical skills necessary to access and use the platform normally;
have ensured that the necessary technical prerequisites have been met.
Subject
The purpose of these general conditions of use is to define for users the conditions of use and access to the platform and services.
Definitions
Customer: the entity that has entered into a contract with SOCIALDRINK IQ in order to access the platform and/or the services for which the user is an employee, service provider or agent;
Access Code: means the identifier and password enabling you to access the Platform;
Content: all information of all kinds made accessible by the services;
Dedicated interface: an interface dedicated to customers, accessible via the Internet by means of a connection, login and password;
Partner: the entity that has entered into an agreement with SOCIALDRINK IQ in order to gain access to the platform and/or services for which the user is an employee, service provider or agent;
Platform: all services and digital resources accessible in a unique way thanks to access codes;
Services: all online IT applications made available to customers by SOCIALDRINK IQ;
Sub-topic: a sub-topic is a backup of a set of filters, enabling faster access to an analysis already in progress;
Topic: a Topic is a monitoring topic, when active it allows you to retrieve real-time data on your topics;
User: a member of the customer’s or partner’s staff with access to the platform. The user can be an administrator or a simple reader.
Documents
The contractual documents binding on users are :
these general terms and conditions of use ;
the general terms and conditions of sale;
the general conditions and policies of all social networks.
Enforceability
These general terms and conditions of use are enforceable against you, and are deemed read and applicable, as soon as you accept them when you log on to the platform, and when you use the services for the first time.
In general, the policies of all social networks are also binding on you by virtue of their use.
SOCIALDRINK IQ reserves the right to make any changes it deems necessary and useful to these terms and conditions of use.
These terms and conditions of use shall apply for the duration of use of the platform and SaaS services, and until new terms and conditions of use replace these terms and conditions of use.
SOCIALDRINK IQ will notify you of the new terms and conditions of use by any means.
Any use of the platform after changes have been made to the general terms and conditions of use shall constitute your acceptance of the new general terms and conditions.
The general terms and conditions appearing online on the site take precedence over any printed version of an earlier date.
Presentation of the platform
SOCIALDRINK IQ provides you with a platform that you can access via a member’s area.
This platform offers you a range of services.
These services are detailed in the online documentation.
Access to the platform and services
Access to the platform is only possible after you have identified yourself by means of your personal access codes: a login and a password.
SOCIALDRINK IQ reserves the right, without notice or compensation, to temporarily or permanently close the Platform or access to one or more services in order to update, modify or change operating methods, servers and access times, without this list being exhaustive.
SOCIALDRINK IQ reserves the right to add to or modify its services and its area at any time in the light of technological or regulatory developments.
It is your responsibility to ensure that the IT and transmission resources at your disposal are capable of adapting to changes in the platform and services offered by SOCIALDRINK IQ.
In the event of interruption or inability to use the platform, you can always contact SOCIALDRINK IQ’s support department for information.
Access code
The platform registration procedure comprises the following steps. When you register for the first time, you must provide the access codes sent by SOCIALDRINK IQ.
It is your responsibility to ensure that you alone have access to the e-mail containing these access codes.
You must confirm that you have read and accepted the general terms and conditions of use.
When you log on to the platform for the first time, you must change the password sent to you and generated by SOCIALDRINK IQ to a new password. You can change your password at any time via the platform.
Access codes are personal and confidential. You are solely responsible for the preservation and confidentiality of your password and, consequently, for the consequences of its inadvertent disclosure to any third party.
Any use of the platform using the password assigned to the user is presumed to originate exclusively from the user.
No operation may be carried out without these access codes.
You are obliged to notify SOCIALDRINK IQ without delay of any compromise of the confidentiality of your password or any use by a third party of which you are aware.
You may disable the functions linked to the use of access codes at any time by renewing your password.
Upon receipt of this notification, SOCIALDRINK IQ will, within a reasonable period of time, remove the password used to access the platform.
A new password will then be sent to you by e-mail.
Technical specifications
SOCIALDRINK IQ endeavors to provide a quality service and enables users to use the means of communication made available to them under the best possible conditions.
Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, SOCIALDRINK IQ makes its best efforts, in accordance with the rules of the art, to enable access to and use of the platform. SOCIALDRINK IQ cannot, however, guarantee absolute accessibility or availability of the platform enabling access to the service.
SOCIALDRINK IQ shall not be liable for the proper functioning of your computer equipment or your Internet access.
Use
The services made available to you are reserved exclusively for professional use.
You are solely responsible for assessing :
the appropriateness of the filtering and alerts you choose ;
the suitability of the watch for your needs;
that you have sufficient skills to use the data;
the appropriateness of using the documentation or analysis tools provided or recommended in connection with the use of the content, where applicable.
SOCIALDRINK IQ authorizes one multi-support connection per person and per connection ID. Any connection outside your company is strictly forbidden for reasons of confidentiality and data security.
You agree to use the platform only under the conditions defined herein, and in addition :
to use the Platform only under the conditions defined by SOCIALDRINK IQ and in compliance with the conditions of the social networks, and in particular not to include data relating to health, finances, politics, ethnicity, religion, sex life or sexual orientation, or relating to criminal convictions (non-exhaustive list);
to use the platform only for brand monitoring and reputation protection purposes;
not to use the platform for personal purposes;
not to commit any act of counterfeiting;
to comply with the security procedures and rules set out in the documentation.
You agree not to collect in any way whatsoever information on individuals or users, either manually or automatically, in particular e-mail addresses, identifiers and first and last names, without their consent, in particular for the purpose of sending unsolicited spam or chain letters.
You undertake not to create or use accounts other than the one initially created, whether under your own identity or that of a third party, without SOCIALDRINK IQ’s prior written consent. Failure to do so may result in suspension of your account and all associated services.
You are responsible for the use of the Platform. You undertake to use the Platform in a fair manner, in compliance with these General Terms and Conditions, applicable laws and regulations, in particular laws relating to intellectual and industrial property, data processing, files and privacy, and to ensure that you do not harm the interests of SOCIALDRINK IQ or those of others.
You must be aware that your actions may incur personal liability for any infringements (counterfeiting, piracy, etc.) you may commit or for any damage you may cause.
Security
The platform is an automated data processing system. Any fraudulent access to it is prohibited and punishable by law.
SOCIALDRINK IQ makes its best efforts, in accordance with best practices, to secure the Platform. To this end, SOCIALDRINK IQ has set up a set of systems and mechanisms for storing, backing up and authorizing data and content to which it has access in performance hereof.
However, given the complexity of the Internet, SOCIALDRINK IQ cannot guarantee absolute security.
You declare that you accept the characteristics and limits of the Internet.
You must inform SOCIALDRINK IQ of any failure of the platform.
As data circulating on the Internet is not necessarily protected, in particular against possible hijacking, you therefore agree to take all appropriate measures to protect your own data and/or software from contamination by any viruses on the Internet.
Support
SOCIALDRINK IQ provides users with a support service able to answer any queries they may have concerning the use of the services. This service is accessible by e-mail aurelie.bourlot@socialdrink.io, telephone 438 883 7185, or any other means of communication, during working hours, i.e. from 9am to 5pm.
Responsibility
You agree :
to comply with the user documentation available on the platform;
to use the platform and the content to which you have access only under the conditions defined by SOCIALDRINK IQ and for the purposes of brand monitoring and reputation protection;
not to commit any act that could jeopardize the computer security of SOCIALDRINK IQ or other users;
not to interfere with or interrupt the normal operation of the platform;
to preserve the integrity of the data and not to distort its meaning;
not to import data that infringes :
personality rights, the privacy of individuals and/or their image rights and/or the ownership of goods and/or provisions relating to the protection of third-party personal data and/or competition law and/or consumer law (in particular unfair commercial practices, advertising and regulated practices, price reduction announcements) ;
third-party intellectual property rights;
to communicate any difficulties so that they can be dealt with as quickly as possible, thus contributing to the success of the whole project;
to respect network policies;
You shall not hold SOCIALDRINK IQ liable for any delay in the information provided to you.
You agree to indemnify SOCIALDRINK IQ, its directors, employees and other agents in the event of any claim, action, suit or condemnation by them resulting from your failure to comply with the terms and conditions.
SOCIALDRINK IQ shall use its best efforts to carry out the operations incumbent upon it relating to the Platform in accordance with the rules of the trade.
SOCIALDRINK IQ cannot be held responsible for the quality of the service, as the service is provided «as is».
SOCIALDRINK IQ shall not be held liable for any disruption in the use of the platform.
SOCIALDRINK IQ shall not be liable for the impossibility of using the Platform.
SOCIALDRINK IQ shall not be liable for any breach of computer security that may cause damage to users’ computer equipment and data.
SOCIALDRINK IQ shall not be held liable in the event of fraudulent or abusive use or deliberate or involuntary disclosure to anyone of the access codes entrusted to the user.
Except in the event of proven fault or negligence on the part of SOCIALDRINK IQ, SOCIALDRINK IQ shall not be held liable for any breach of confidentiality of the user’s personal data resulting from the user’s access codes by a third party.
SOCIALDRINK IQ shall not be held liable for the user’s failure to comply with regulations on the protection of personal data.
SOCIALDRINK IQ shall not be liable for any breach of these terms and conditions by another user.
SOCIALDRINK IQ shall not be held liable for any direct or indirect damage resulting from the use of services by users.
SOCIALDRINK IQ shall not be liable for any infringement of users’ rights in general.
SOCIALDRINK IQ shall not be held liable for any direct or indirect damage resulting from the use of the services by users.
SOCIALDRINK IQ shall not be liable for any infringement of users’ rights in general.
The customer or partner shall hold SOCIALDRINK IQ harmless against any action, claim, demand or opposition from any person invoking an intellectual property right, or a right to privacy, right of personal portrayal, right to respect for personal data or any other right infringed by the use of the services by the user.
Consequently, the customer or partner shall be liable for any damages and interest awarded against SOCIALDRINK IQ on the grounds of infringement or unfair competition or parasitism, or infringement of privacy, image rights or personal data resulting from the user’s use of the services, as soon as the award becomes enforceable, as well as costs of any kind incurred by SOCIALDRINK IQ in its defense, including attorney’s fees.
The customer or partner shall likewise indemnify SOCIALDRINK IQ against any harmful consequences suffered by it as a result of actions taken against it, in particular indirect damage and damage to its image and disturbance of its peaceful enjoyment.
Intellectual property rights
These general terms and conditions do not imply any transfer of intellectual property rights of any kind to you in respect of the elements belonging to SOCIALDRINK IQ. SOCIALDRINK IQ shall retain exclusive ownership of all components of the services and the platform, including interfaces, methods and know-how, documentation or tools of its own used to perform the contractual services.
Any reproduction and/or representation, in whole or in part, of any of these rights, without the express authorization of SOCIALDRINK IQ, is prohibited and shall constitute an infringement of copyright punishable by articles L.R. (1985), c. C-42, s. 27R.S. (1985), c. 1 (3rd Supp.), s. 13, c. 10 (4th Supp.), s. 51993, c. 44, s. 641997, c. 24, s. 152012, c. 20, s. 182014, c. 32, s. 3 following the Canadian Intellectual Property Office.
Accordingly, you agree not to take any action that may directly or indirectly infringe SOCIALDRINK IQ’s intellectual property rights.
The content is and remains the property of the data producers concerned, who hold both the copyright and the sui generis right of the database producer.
SOCIALDRINK IQ grants you what you accept to be a personal, non-exclusive and non-transferable license to use the Saas services.
However, you are prohibited from :
any representation, dissemination or distribution, whether in return for payment or free of charge, and in particular any networking ;
any form of use for the purpose of designing, producing, distributing or marketing similar, equivalent or substitute services and similar, equivalent or substitute user documentation;
adaptation, modification, transformation, arrangement for any purpose whatsoever, including the correction of errors;
any use for unauthorized processing;
any modification or circumvention of the protection code such as, in particular, access codes or identifiers.
Mention of source. You shall identify the SOCIALDRINK IQ database by reproducing and/or distributing the following notices in conspicuous characters on any reports or documents you use, in any form whatsoever:
«Source SOCIALDRINK IQ» «Update date DD/MM/YYYY».
Confidentiality
SOCIALDRINK IQ undertakes not to divulge any information and/or documents that may have been reported to it as confidential and of which it may have become aware during the performance of the services, and to ensure that its personnel make the same commitment.
The user undertakes to respect the strictly confidential nature of the methods and procedures used by SOCIALDRINK IQ, as well as any other procedure that SOCIALDRINK IQ may have indicated as such in connection with the performance of the Services (in particular, the non-publication of data provided and exported through the services provided by SOCIALDRINK IQ).
Specifically, the user acknowledges that the methods and procedures used by SOCIALDRINK IQ, as well as the results of these methods and procedures, may never be communicated to an establishment, parent company, subsidiary, group company or any other company or legal entity, or any person not belonging to the customer or partner.
In the event of failure to comply with this provision, the customer or partner shall automatically owe SOCIALDRINK IQ compensation in the form of a penalty clause equal to five (5) times the total amount paid to SOCIALDRINK IQ for all Proposals affected by said failure. This indemnity shall be paid upon SOCIALDRINK IQ’s written request, without prejudice to any damages that SOCIALDRINK IQ may be entitled to claim as compensation for its prejudice.
Confidentiality does not apply to information that is or becomes publicly available without the parties having breached the above confidentiality undertakings, such as Information retrieved by SOCIALDRINK IQ at the user’s request, which is by nature public.
Personal data
SocialDrink IQ undertakes, as data controller, to comply with the legislation applicable in Canada regarding the protection of Personal Data in connection with the Processing carried out in the context of the use of the platform.
In this respect, SocialDrink IQ undertakes to comply with the obligations set out in the data protection policy accessible at the foot of the https://socialdrink.io website.
Cookies
Browsing the platform may require the installation of cookies on the user’s computer. A cookie is a file that records information on the user’s computer relating to navigation on the site, in order to improve the service or to collect data on site traffic statistics.
All information concerning cookies that may be deposited when using the platform is detailed in SocialDrink IQ’s cookie policy, which can be accessed on its website at the following address: https://socialdrink.io/fr/cookies/ and in the footer of each page of its https://socialdrink.io website.
Evidence agreement
Acceptance of the general terms and conditions by electronic means has the same evidential value between the parties as agreement on paper.
Traceability
In order to ensure the proper operation of its services, SOCIALDRINK IQ keeps a record of users’ and readers’ connections to the platform and services.
In addition, SOCIALDRINK IQ may track users’ and readers’ navigation within the platform using cookies.
In this respect, you declare that you accept that SOCIALDRINK IQ may use cookies or any other similar technique to track the browsing habits of users and readers.
Good faith
The parties agree to perform their obligations in good faith.
Nullity
If one or more stipulations of this contract are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
Applicable law and jurisdiction
This contract is governed by Canadian law. This applies to both substantive and formal rules, notwithstanding the place of performance of substantial or accessory obligations.
IN THE EVENT OF A DISPUTE, JURISDICTION IS EXPRESSLY ASSIGNED TO THE COURTS OF THE QUEBEC COURT OF APPEAL IN MONTREAL, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR WARRANTY CLAIMS, EVEN FOR EMERGENCY OR CONSERVATORY PROCEEDINGS, BY APPEAL OR BY PETITION.
SocialDrink geo terms and conditions of use
1. CONTRACT OBJECT
1.1 The provider’s work (SocialDrink) consists of offering a technological platform and advisory services that enable the client (yourself) to carry out targeted digital advertising campaigns and analyze data. Ad targeting and data provided to the client are based, among other things, on consumer mobile device location data. The provider’s technology allows the client to bid on digital advertising display spaces. These digital display spaces enable the client to display advertisements, such as banners or videos, to a targeted audience.
1.2 Under this contract, the client is authorized to resell the provider’s services to its own clientele for profit or to use the services for its own interests. The client may not resell the services to any other reseller or distributor.
1.3 In this contract, this work will be referred to as « managed services » when the client engages the provider’s advisory services and as « self-service » when the client performs the services themselves via the provider’s platform.
1.4 The term « campaign » will be used to define an advertising service for a client, a duration, an objective, and a given budget.
1.5 The term « impression » will be used to define the display of an advertisement in a digital advertising space. No guarantee of the number of impressions is given to the client. Impressions vary based on targeting criteria and fluctuations in the advertising auction market.
1.6 The term « CPM » will be used to define the cost per mille impressions.
2. DATE, DURATION, AND MANDATE COMPLETION DEADLINES
2.1 In the case of managed services, the provider will communicate to the client the necessary deadlines for the creation and implementation of its campaigns within a reasonable time following the receipt and analysis of information requested by the provider and provided by the client.
2.2 In the case of self-service, the provider has a period of 2 business days to review and approve the campaigns created by the client before they become active.
2.3 The provider may refuse to perform or continue a service if the context, campaign, budget, objectives, deadlines, or creatives are unrealistic, immoral, illegal, contrary to the provider’s interests and/or values, or deemed inappropriate by the provider. Additionally, the provider may refuse to perform or continue a service if exclusivities are offered to its clientele in the future, without prior notice or compensation to the client.
3. PRICING AND PAYMENT
3.1 The provider undertakes to provide the agreed services to the client, who undertakes to bear the costs.
3.2 The client is free to resell the provider’s services to its clientele at any price it desires.
3.3 Advertising campaigns are billed at CPM, a rate for 1000 ad impressions. Managed services typically have a higher CPM than self-service due to the provider’s intervention.
3.4 CPM rates may vary over time and depending on the chosen targeting. The client will be informed of the CPM in effect when creating a campaign. This CPM will remain fixed for the agreed duration of the campaign provided that the campaign parameters remain unchanged.
3.5 Campaigns are billed based on usage, meaning that for a given campaign, a maximum budget or maximum number of impressions is defined for a limited time period, and displayed impressions are billed at CPM. The number of displayed impressions will therefore be equal to or less than the maximum conditions defined by the client.
3.6 Other provider services, such as advanced data visualization and other services, are detailed individually, and the client will be informed in advance of the costs.
3.7 At the beginning of each month, an automated notice will be sent to the client by email to the address provided on the signature page of this contract to determine their usage for the previous month and detail the balance owed to the provider by the client. An automated payment will be debited from the client’s credit card or bank account 24 hours after the sending of this notice. In case of non-payment, the outstanding balance will accrue interest at a rate of 2% per month, or 24% per year, from the date of billing. If the outstanding balance is not paid within 10 days following the notice, ongoing campaigns will be suspended without further notice until full payment of the amounts due.
3.8 At the client’s request, the provider may invoice the client’s clientele directly under the same terms. However, an administrative fee of 5% may be added, and the client guarantees the amounts owed by its own clientele. The client will be responsible for billing its clientele for its own expenses if applicable. The provider will not charge management fees, fees, or commissions on behalf of the client to its clientele.
4. CLIENT OBLIGATIONS
4.1 The client undertakes to promptly provide the provider with all files, documents, information, and information required by the provider to enable it to fulfill the mandate in accordance with the client’s needs.
4.2 The client may not reproach the provider for any delay in executing the mandate if the client delays or refuses to provide the information required by the provider.
4.3 The client undertakes to cooperate and discuss with the provider, at the latter’s request, when the provider deems an exchange necessary for the proper execution of the mandate. In general, the client undertakes to cooperate fully and promptly with the provider to place it in the best possible conditions to successfully fulfill the mandate.
4.4 The client warrants that it owns the intellectual property rights and all national and international broadcasting authorizations for images, texts, videos, and documents of any kind, allowing it to conclude this agreement and that it is not likely to infringe on the rights of third parties.
4.5 The client undertakes to indemnify and hold harmless the provider from any loss, suit, claim, and/or other cause of action brought against the provider and arising directly or indirectly from the client’s breach of obligations under this contract.
5. PROVIDER OBLIGATIONS
5.1 The provider undertakes to perform the mandate as defined in this contract.
5.2 The provider undertakes to implement all necessary means to ensure the proper execution of its obligations under this contract.
5.3 The provider undertakes to execute the contract diligently and in compliance with the rules of the art, standards, and regulations in force.
5.4 The provider undertakes to launch an advertising campaign within the agreed deadlines with the client.
5.5 The service provider may have this contract or parts thereof executed by third parties, but undertakes to provide the same level of quality and respect for this agreement.
5.6 Notwithstanding the foregoing, the parties agree that the provider’s obligation under this contract constitutes an obligation of means and not of result.
6. CONTRACT SUSPENSION OR TERMINATION AND PENALTIES
6.1 The client may terminate the services with a written notice of 48 hours. However, it must bear the costs of the services until the end of this period.
6.2 The service provider may terminate the services at any time, without justification, notice, or penalty. The client is informed of the precarious nature of the services and technologies offered herein.
6.3 In all cases, the client will be reimbursed by the provider for the sums not yet invested in current advertising services.
7. INTELLECTUAL PROPERTY, NON-COMPETITION, AND CONFIDENTIALITY
7.1 The Customer warrants to the Service Provider that it has all the rights and authorizations necessary for the use and exploitation of the elements supplied by the Customer to the Service Provider for the performance of the assignment.
7.2 The parties mutually undertake to keep confidential all strategic, financial, technological, commercial and/or other information generally considered confidential by its nature, communicated or obtained by either party within the scope of this contract. However, the customer authorizes the service provider to mention its names, logos, slogans, trademarks and/or corporate name, as well as those of its customers using the services, for advertising or commercial purposes. However, the customer will be notified in advance of any such use, and may refuse if appropriate.
7.3 Under no circumstances does this contract transfer intellectual, moral or economic rights of any kind whatsoever. Each party undertakes to respect the intellectual property rights of the other, in accordance with the rules of intellectual property, including those which may be recognized subsequently to the present contract.
7.4 The present contract does not offer any exclusivity to the customer. In fact, the Provider may offer its technology and consulting services to the Customer’s competitors and to any of the Customer’s customers. The Provider may offer its services to any customer without territorial limitations.
7.5 The Customer agrees not to decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the Provider’s systems and technology. It also undertakes not to share its access with third parties or competitors of the service provider.
7.6 The customer undertakes not to develop, provide or produce geotargeted advertising services similar or identical to those provided by the service provider. This prohibition applies to any business operated directly or indirectly by the customer and its shareholders.
8. COMING INTO FORCE OF THE CONTRACT
8.1 The present contract comes into force when signed by the parties.
9. JURISDICTION
9.1 The contract shall be governed by the laws in force in the Province of Quebec and Canada. Any dispute between the parties concerning the interpretation or application of the contract which cannot be settled amicably shall be brought before the courts of the judicial district of Saint-François, Québec, Canada.