Confidentialité et conditions d'utilisation de yoplanning.pro
Privacy and terms of use of yoplanning.pro
1. Introduction
This is where you will find all the information about what you can and cannot do with Yoplanning, as well as how we process your personal data and respect your privacy.
By using Yoplanning, you agree to be bound by the following terms, conditions, and information. Vakario reserves the right to update and modify these terms of use and this privacy policy. Any substantial changes will be notified to the User (by email or via an in-app notification) with reasonable notice before they take effect. Violation of any of the conditions below may result in the termination of your account.
2. Ownership, editorial responsibility and legal information
This software is the property of Vakario – SARL, located at 245 rue du Marais, 73190 Challes-les-Eaux, registered with the RCS of Chambéry under number 493 337 315.
The publication director of this site is Mr. David GRANDADAM, in his capacity as president.
Data Protection Officer (DPO)
In compliance with the GDPR, Yoplanning has appointed a Data Protection Officer:
Name: Frédéric Alcaraz
Email: [email protected]
Any questions relating to the protection of personal data, the exercise of your rights of access, rectification, objection, etc., can be addressed to him.
3. General Terms of Use
Yoplanning is an application suite designed and developed by VAKARIO, a tool to assist in activity management and providing access to various interconnected modules and specific applications, usable online at https://yoplanning.pro. These include:
Yoplanning (application for managing activity schedules) – available for free.
The Yoplanning Service is customizable by the User during setup, notably through the option to choose various modules. Any additional options or modules can be added at any time via their Account.
By placing an order for the Yoplanning Service, VAKARIO grants the User a non-exclusive license to use its software and applications, for the duration of the commitment undertaken by the User.
It is expressly stated that the management decisions taken by the User are his/her sole responsibility, Yoplanning being only a tool to assist in the management of his/her business.
Accessibility
Access to Yoplanning, as well as the processing of information provided by the User, will be available 24/7 via the website https://yoplanning.pro.
Traceability
The User is informed that the operations performed are tracked by the Yoplanning application. Furthermore, the User retains ownership of the elements and content they create using Yoplanning.
Prohibited Uses
The User agrees to use the data only for their own needs. Apart from the rights granted herein, the User is not authorized to (non-exhaustive list):
Copying, printing, transferring, transmitting, selling, renting, sublicensing, distributing or displaying all or part of Yoplanning, except as part of a white label resale.
Use Yoplanning to provide data processing, service bureau, time-share operations or other similar services to any natural person, company or entity, except as part of a white-label resale.
To adapt, develop, modify Yoplanning and/or merge all or part of it into other computer programs.
Remove and/or modify any trademark, property notice and/or copyright notice that VAKARIO may have affixed.
User Responsibility
The User is solely responsible for the voluntary or accidental deletion of their data when using Yoplanning.
4. Liability in the event of a cyberattack or network malfunction
4.1 General Principles
Vakario is committed to implementing all reasonable measures to ensure the security and availability of its software. However, in the event of a cyberattack, network malfunction, or any other situation preventing access to the software, the following provisions apply:
Security and Protection Measures Vakario implements advanced security measures (technical and organizational) to protect its systems and user data. No technology is completely infallible.
Limitation of Liability
In the event of a computer attack, network malfunction, virus, or any other unforeseen interruption preventing access to the software, Yoplanning's liability for proven direct damages shall not exceed the total amount paid by the User for the service during the last twelve (12) months preceding the incident.
Yoplanning cannot be held liable for indirect damages, loss of profits, operating losses or loss of customers resulting from the inability to use the software.
Notification and assistance In the event of an incident affecting the availability of the software, Vakario undertakes to inform users as soon as possible and to provide all reasonable assistance to minimize the impacts.
Specific Exclusions The above provisions do not limit users' rights arising from applicable consumer protection law.
4.2 Protection of personal data in the event of an incident
Security and protection measures Yoplanning implements all appropriate technical and organizational measures to ensure the security of personal data and the availability of the software, including the prevention of cyberattacks and the management of network malfunctions.
Incident Notification In the event of an incident affecting the security or availability of the software, Yoplanning undertakes to inform users as soon as possible and to notify the DPO and, where applicable, the competent authorities (CNIL) in accordance with the GDPR.
Data Protection Officer (DPO) As mentioned above, the DPO is Mr. Frédéric Alcaraz (email: [email protected]).
Access to the Subcontracting Agreement Users can access the full details of the subcontracting agreement between Vakario and the user directly within the Yoplanning application, in the "team" settings. The term "team" refers to all organizations using Yoplanning.
GDPR Compliance Yoplanning complies with current European directives and regulations regarding the protection of personal data (GDPR). The conditions for data processing by Yoplanning and its subcontractors are detailed in the contract accessible via the application.
5. Privacy Policy
5.1 Purpose
This Privacy Policy aims to inform you about the collection and use of your personal data when you use the Yoplanning application or services, in particular via connection by third-party accounts (Facebook, Google).
5.2 Data collected
Data that you provide directly
Identification information (first name, last name, email address, etc.)
Information related to your professional or personal activity (e.g. company, position).
Any other information you choose to provide to us (via forms, support, etc.).
Data collected automatically
Connection data: IP address, connection date/time, browser, operating system, etc.
Cookies and similar technologies (see the "Cookies" section below).
Statistical data relating to navigation (pages viewed, etc.).
Data collected via Facebook Login If you choose to log in via Facebook, we collect, with your permission:
Unique Facebook ID, first/last name, email address, profile picture (if available). Use: creation/management of your Yoplanning account, pre-filling of your profile, improvement of the user experience.
We do not post anything on your Facebook account without your explicit consent.
Data collected via Google Login If you choose to log in via Google, we collect, with your permission:
Unique Google ID, first/last name, email address, profile picture (if available). Use: Creation/management of your Yoplanning account, pre-filling of your profile, simplified login.
We do not publish anything on your Google account nor do we access your files (Drive, Gmail, etc.) without explicit permission.
Google Data for Google Calendar Yoplanning accesses certain data from your Google account to link your Google calendar to Yoplanning (when you enable synchronization). This includes the ability to write events (event names, times, locations, etc.) in your selected calendar.
We do not record your primary Google account email address or events from Google Calendar.
We only store the OAuth token necessary to keep the synchronization up to date.
5.3 Purposes and legal basis
We collect and process your data for:
Provide and manage the Application (contract execution)
Improving the user experience (legitimate interest)
Allow login via Facebook and Google (contract execution / consent)
Communicating with you (newsletters, notifications, etc., based on your consent or legitimate interest in sending service-related notifications)
Comply with our legal obligations (legal obligations in accounting, taxation, etc.)
5.4 Data Recipients and Transfers
Internal Team: Only authorized Vakario members (maintenance, support, etc.) can access your data to the extent necessary.
Subcontractors: certain technical service providers (hosting, maintenance) may have access to the data, within the limits of their missions and with strict confidentiality obligations (GDPR subcontracting agreement).
Facebook / Google: If you use Facebook Connect or Google Connect, you authorize the transfer of certain data (name, email, etc.) from these platforms to Yoplanning.
Transfer outside the EU: If a transfer outside the EU were to take place (e.g., hosting on non-European servers), we will put in place the appropriate safeguards (standard contractual clauses, etc.) and inform you.
5.5 Shelf Life
Your data is kept as long as your account remains active, then archived/deleted according to legal obligations (e.g. billing = 10 years).
Connection logs are kept for a limited period (e.g., 6 months) unless otherwise required by law.
5.6 Cookies
To ensure the proper functioning of the Yoplanning application, we use cookies and similar technologies.
Purpose of cookies: to remember your sessions, facilitate access to services, and collect usage statistics.
No external marketing purposes: we do not sell or transfer your browsing data to third-party organizations.
Cookie management: You can configure your browser to refuse cookies or to be informed of their use, knowing that this may affect the optimal functioning of Yoplanning.
5.7 Use for statistical purposes
When you access the site, the servers automatically collect:
The IP address, date and time of access
Pages viewed
The type of browser used
The platform/operating system
The search engine and keywords used
This information is kept solely for the purpose of measuring audience and improving the service.
5.8 Your rights
In accordance with the GDPR, you have rights over your data:
Right of access, rectification, erasure, objection, etc.
For any inquiries, please contact our Data Protection Officer: [email protected]. Yoplanning is committed to responding within the legal timeframes.
6. Software Usage Rights
The Software (Yoplanning) license allows the Client to use the Software in accordance with its intended purpose and the terms of the contract. Vakario grants a right of access to the services and functionalities for the purpose of using the Software under the conditions defined below.
The Client agrees to:
Implement appropriate control systems to prevent any unlawful use or use contrary to the Contract.
Inform Vakario of any unlawful use or attempted unlawful use of the Software.
The Contract does not entail any transfer of ownership rights: the Client retains ownership of its data, and Vakario remains the owner of the Software. The Client agrees not to use the Software to infringe any intellectual property or confidentiality rights. Any infringement will be subject to civil and criminal penalties.
7. User Obligations
Software Suitability for Your Needs
The Client acknowledges having received from Vakario all the information necessary to assess the suitability of the Software for its needs.
Environment and IT System
The Client must have an internet connection, take responsibility for the necessary computer equipment, etc.
8. Vakario's Obligations
Vakario undertakes to implement the necessary measures to provide access to the Software. Vakario reserves the right to suspend access to the servers for maintenance or updates. Vakario cannot be held liable for the suitability of the Software to the User's needs.
9. Data processing, hosting and backup
Data Ownership The data entered by the Client remains the property of the User. Vakario processes and hosts it.
Use of data Data may only be used by Vakario to enable the Client to use the Software and to offer related services.
Customer Responsibility The Customer must ensure their own backups and proper configuration before any data communication.
Backup by Vakario Vakario performs a backup of user data according to the indicated frequency (every 24 hours, etc.).
Restoration Time In case of failure, restoration cannot exceed 72 hours.
Limitation of Liability See article 4 regarding Vakario's liability.
10. Warranty against eviction
Vakario guarantees that it holds the necessary rights to grant the use of its Software. Vakario guarantees that the Software does not infringe upon any pre-existing work and respects the intellectual property rights of third parties.
11. SaaS subscription fees and online transaction fees
Access to pricing All subscription prices and transaction fees are available at https://www.yoplanning.com/tarif.
Price Changes Vakario reserves the right to change its prices. In the event of a price increase, the User will be informed with reasonable notice before the new prices take effect.
Online transaction fees
Applied to orders and payments via the booking module or payment links.
Bank charges are not included and remain the responsibility of the customer.
12. Fraud Prevention
Yoplanning integrates online payment platforms (e.g., Stripe). The responsibility for fraud prevention lies with the payment providers. Yoplanning cannot be held liable for fraud or disputes related to transactions.
13. Payment dispute or disagreement
In the event of a payment dispute or chargeback, Yoplanning disclaims all liability. However, it provides online transaction records to assist the customer in resolving the dispute. For more information, see https://support.stripe.com/topics/disputes-and-fraud.
14. Application fees
In cases of fraud, there are processing fees. If the dispute is resolved in the client's favor, the fees are refunded.
North American processing fee: $50
European processing fee: €50
15. Specific Obligations and Responsibilities of the Booking Module Service
The Booking Module Service allows the User to insert an online sales module into their website(s). VAKARIO provides configuration and generates the necessary code for integration. This module is connected to a secure payment system (Stripe). VAKARIO acts solely as a technical intermediary; therefore, Stripe's Terms and Conditions apply.
When a sale is made via the module, the User agrees to pay VAKARIO the indicated commission. This amount is deducted monthly.
Distribution of the Booking Module to its partners
The User can share their module with their business partners to gain a new sales channel. Any sale through these partners is also subject to a commission.
16. Distribution via ResaOne
The User has the option of using the "ResaOne" service to distribute their offers to distribution partners or on the ResaOne marketplace.
Distribution: Subject to the configuration options activated by the User in their account, the User authorizes VAKARIO to use the public data of their offers (title, price, availability, photos) for the sole purpose of promoting them on the ResaOne network.
Specific mandate: If the sale via ResaOne involves collection on behalf of third parties (Marketplace), the signing of a specific billing and collection mandate will be required prior to any actual sale.
17. Billing and Collection on Behalf of Third Parties (Optional)
In the context of using certain features (e.g., Booking module with "Service Fees", ResaOne Marketplace), VAKARIO may issue invoices or facilitate collections in the name and on behalf of the User.
Activation of these services is conditional upon the express acceptance of a specific Billing and Collection Mandate (Special Conditions), which prevails over these General Terms and Conditions for all matters relating to financial flows and tax obligations.
18. Final Provisions
The following legal provisions govern the validity of this entire document:
Force majeure: In the event of force majeure, the execution of the Contract is suspended in accordance with legal provisions.
Nullity and independence of clauses: the cancellation of one of the clauses does not entail the cancellation of the contract in its entirety.
Language of the contract and applicable law: This document is written in French. In the event of a dispute, only the French text shall prevail. French law shall apply, and the competent court shall be that of Chambéry.
Election of domicile: For the purposes of this agreement, the parties elect domicile at the addresses appearing in the header or in the settings of the “team” Yoplanning.
19. Contact and modifications
For any questions about the Terms of Use or the Privacy Policy, or to exercise your rights regarding your personal data, you can contact:
Data Protection Officer (DPO)
Name: Frédéric Alcaraz
Email: [email protected]
Updates
We may amend this document to reflect changes in our practices or legal requirements. We will inform you of any significant updates whenever possible (either by notification or via the website).
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