General conditions for providing CAPTAIN VERIFY services to professionals

Last update 05/19/2022.

These general conditions apply exclusively between the limited liability company FORFRY, under the trade name SKYNETS, with share capital of € 700, located chemin des Amandiers 83300 DRAGUIGNAN in FRANCE, registered with the RCS of DRAGUIGNAN under the number 52342938900019 (below "SKYNETS"), specializing in the verification of email addresses and mobile phone numbers and the user acting as a professional (below "CUSTOMER").

The captainverify.com online platform set up by SKYNETS mentions the following information:

legal notices allowing precise identification of SKYNETS,
digital content features,
presentation of the essential characteristics of the services offered,
indication in euros of the price of services and all costs,
indication of payment and performance methods,
period of validity of the offer or price.

All of this information is presented in French. The CUSTOMER declares to have full legal capacity allowing him to commit under these general conditions.

ARTICLE 1 - ENTIRETY

These general conditions of service provision and the general conditions of use of the CAPTAIN VERIFY site express all of the obligations of the parties. In this sense, the CUSTOMER is deemed to accept them without reservation.

SKYNETS and the CUSTOMER agree that the acts mentioned above exclusively govern their relationship. SKYNETS reserves the right to modify the present general conditions applicable as soon as they are put online, reminding that in the event of a dispute, only the general conditions in force at the time of conclusion of the contract will be valid.

If a general condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

ARTICLE 2 - SUBJECT

The purpose of these general conditions is to define the rights and obligations of the parties when verifying email addresses and mobile phone numbers.

ARTICLE 3 - ENTRY INTO FORCE

These general conditions come into force upon the creation of an account on the Platform.

ARTICLE 4 - OPENING AN ACCOUNT

To become a "CUSTOMER" of SKYNETS, the user creates an account by indicating his name, his first name, an email address, a telephone and a password.

The CUSTOMER cannot communicate to third parties the identifiers necessary to access the application. SKYNETS cannot be held responsible for any action carried out via or on the CUSTOMER's personal account by a third party to which the CUSTOMER would have communicated their identifiers or who would have had access to the identifiers or the CUSTOMER's personal account following a fault or negligence. being chargeable.

ARTICLE 5 - ORDER

To order a pack of contact details to be checked, the CUSTOMER chooses a quantity of credits from those offered. The packs are registered in the basket of the CUSTOMER account. To confirm the order, the CUSTOMER must validate the basket by clicking on the "place order" button. He is then invited to record the details of the bank card used for payment. A summary of the order is sent to the CUSTOMER, mentioning the nature and quantity of the products ordered and the total price of the order, all taxes included. He can therefore upload files or databases on the platform in the formats offered by the platform.

Any order implies acceptance of the prices and descriptions of the products available for sale. Payment is made on a secure banking platform.

ARTICLE 6 - PROOF OF THE TRANSACTION

The computerized registers, kept in SKYNETS computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as evidence.

The online supply of the CUSTOMER's bank card number or, where applicable, the validation of the payment by the process implemented by the SKYNETS banking establishment constitutes an electronic signature in accordance with the provisions of article 1366 of the Code Civil.

ARTICLE 7 - PRICES

When placing an order, the CUSTOMER is invited to ensure that the price and availability of the products to which they refer correspond to the prices on the updated page of the captainverify.com site and not on an expired page on which he would have accessed it via an Internet search in “cache” mode.

The prices are indicated in euros and do not take account of any additional costs. These costs are indicated before the validation of the order by the CUSTOMER.

ARTICLE 8 - METHOD OF PAYMENT

The credit card transaction is secured by SKYNETS payment services.

The CUSTOMER guarantees to SKYNETS that he has the necessary authorizations to use the method of payment chosen by him during the validation of the order.

SKYNETS reserves the right to cancel any order management in the event of refusal of authorization to pay by bank card on the part of officially accredited bodies, in the event of non-payment within the time limits indicated or for any other reason at the discretion of SKYNETS relating to the abnormal nature of the order.

ARTICLE 9 - CREDITS ORDERS WITH A SUBSCRIPTION

9.1 In the case of the subscription of an annual or monthly subscription, the Customer has an unparagable credit pack every month. For the monthly subscription, the customer is committed for the current month, tacitly renewed every 1st of the month (or on the subscription date). It can terminate at any time and effect of the last day of the current month sent from the page dedicated to termination accessible from its customer account on the platform and after having carried out all the instructions indicated on this page. Notwithstanding the aforementioned article, payment is made by bank card renewed automatically every month. In the event of termination, payment remains due over the entire period, without possibility of propratization.

9.2 In the case of an annual subscription, notwithstanding the aforementioned article, the customer can pay in a single unique due date by bank card or by transfer at the start of the period, renewable by tacit renewal. He may terminate the contract with effect the day before the anniversary date of the contract for a notice of 30 (thirty) clear days sent from the page dedicated to termination accessible from his customer account on the platform and after having carried out all the instructions indicated on this page.

ARTICLE 10 - CREDITS ORDERED

The credits can be used upon confirmation of payment by the SKYNETS banking organization and their availability on the CUSTOMER's personal account. The credits ordered can be used for a period of 365 days from the order. SKYNETS will notify the CUSTOMER of the expiry of the expiry of the outstanding credits. Expired credits cannot be deferred, credited, or refunded.

ARTICLE 11 - CUSTOMER DATA

The CUSTOMER remains the owner of the files, databases and their content which it provides to us, designated "Customer data". SKYNETS undertakes to take state-of-the-art security measures to guarantee the security of Customer Data so that it is not, in turn, distorted, damaged or communicated to unauthorized third parties. Consequently, SKYNETS undertakes to respect and to make respect by its personnel and its subcontractors the following obligations:

Do not make copies of the documents and media of customer data entrusted to it, except those strictly necessary for the performance of the service;
Not to use customer data for purposes other than those of this contract;
Not to disclose customer data to other persons, whether private or public, natural or legal persons unless this disclosure is required by law a competent judicial or administrative authority where is necessary in the framework of legal action.
Not to disclose customer data to other persons, whether private or public, natural or legal persons unless this disclosure is required by law a competent judicial or administrative authority where is necessary in the framework of legal action.
SKYNETS also undertakes not to modify, use, or transfer to a third party, in whole or in part, for consideration or free of charge, customer data which could have been communicated by the customer when execution of the service.

ARTICLE 12 - RECOVERY AND RETURN OF DATA

Unless otherwise expressly agreed and accepted in writing by SKYNETS, from the 90th day from the day on which the verified files are made available on the CUSTOMER's personal account, the process of erasing customer data will be initiated and will no longer be available on the CUSTOMER's personal account. This deletion will be carried out on the initial file as well as on the verified file. It is therefore up to him to recover the files checked before this deadline from his personal account. This return will be made in a standard market format chosen by SKYNETS and will be made available to the customer in the form of a download.

For protection of personal data and technical security of the platform, the customer accounts remaining without use, that is to say without trace of connection data, for at least 2 (two) years will be deleted from the platform.

ARTICLE 13 - CONFIDENTIALITY

All information exchanged between the parties of which they become aware during the execution of the contract (in particular customer data), whatever their medium will be considered confidential (hereinafter confidential information).

< p>Each party undertakes to protect confidential information and not to disclose it to third parties without the prior written consent of the other party.

Each party will be released from its confidentiality obligations with respect to all information that was in the possession of that party prior to its disclosure by the other party Without such possession resulting directly or indirectly from non-disclosure - authorized of this information by a third party, which is in the public domain on the date of acceptance of the contract or which would fall into the public domain after this date without the cause in itself attributable to the non-compliance by this part of its obligations of confidentiality under the contract, which have been independently developed by that party, or in disclosure is required by law or a competent judicial or administrative authority or is necessary in the context of legal action.

The parties undertake to comply with the obligations resulting from this article throughout the duration of the contract and for two years after its termination.

ARTICLE 14 - PROCESSING OF PERSONAL DATA

SKYNETS, as the data controller, implements the processing of personal data with the main purposes of managing the CUSTOMER's registration on the Platform, providing services on the Platform, improving them and maintaining a secure environment. More specifically, the uses are as follows:

Access and use of the Platform by the CUSTOMER;
Management of the operation and optimization of the Platform;
Organization of the conditions of use of the Payment Services;
Verification, identification and authentication of data transmitted by the CUSTOMER;
Prevention and detection of fraud, malware and security incident management;
Management of any disputes with the CUSTOMER;
Subscribe to the newsletter by express and separate consent of the person concerned;
Sending commercial and advertising information according to the CUSTOMER's preferences.

ARTICLE 15 - SUBCONTRACTING TREATMENT

15.1 SKYNETS as a subcontractor acts on the sole instructions of the CUSTOMER in the implementation of personal data processing having as legal bases the execution of the service contracted with the CUSTOMER and the purposes of checking reliability email addresses and mobile phone numbers provided by the CUSTOMER. The Customer remains solely responsible for the processing of personal data carried out for his own account in the context of the Services, whether by himself, by SKYNETS or by third parties. SKYNETS may subcontract its services to third-party companies located in France and outside the European Union. In this case, the processing of this data is limited exclusively to the subcontracting mission entrusted by SKYNETS.

SKYNETS refrains from communicating the Data in any form whatsoever to a third party, except to its service providers:

When the CUSTOMER uses pack ordering services.
When the CUSTOMER uses payment services, for the implementation of these services, the Platform is in contact with third-party banking and financial companies with which it has contracted;
When the Platform uses the services of providers to execute the order and provide the requested services and payment services. These services have limited access to CUSTOMER data, in the context of the performance of these services and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
If required by law, the Platform may transmit data to follow up on complaints made against the Platform and comply with administrative and judicial procedures;
When the CUSTOMER publishes information accessible to the public in his opinion or recommendations on the Platform;
If the Platform is involved in a merger, acquisition, disposal of assets or bankruptcy proceedings, it may have to sell or share all or part of its assets, including personal data. In this case, the CUSTOMER will be informed, before the personal data is transferred to a third party.

15.2 The personal data communicated by the CUSTOMER are transmitted to OVH SAS with a capital of € 10,000,000 RCS ROUBAIX - TOURCOING 424 761 419, 2 rue Kellermann 59100 Roubaix - France and its subcontractors in the context of accommodation of the application. For the online payment transaction by bank card, the CUSTOMER's personal data, in particular financial data, are communicated to the SKYNETS bank and its subcontractors. The storage of personal data held by SKYNETS subcontractors is limited to the duration of the execution of the missions entrusted and the durations of applicable legal requirements. Personal data directly stored by SKYNETS has a lifespan equal to the legal obligation to keep the invoice.

15.3 The Platform implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the Platform cannot guarantee the security of the transmission or storage of information on the internet.

ARTICLE 16 - ANTI-SPAM GUARANTEE - PUA: ACCEPTABLE USE POLICY

SKYNETS not being able to verify the origin of the files, it presumes that the CUSTOMER has full rights to carry out the processing of personal data for which the CUSTOMER has mandated it. Consequently, the CUSTOMER guarantees SKYNETS from any action, claim, claim, opposition on the part of any person claiming a violation of personal data or of a right of a data subject who the performance of the Contract would have infringed, including in the event of a control procedure before an administrative authority and an administrative penalty.

In case of strong suspicion by SKYNETS of subsequent fraudulent use of the files submitted, SKYNETS reserves the right to refuse to perform the service without opening the right to a refund of the credits ordered. Therefore, SKYNETS, may have to ask the CUSTOMER for an official identity document.

ARTICLE 17 - RIGHTS ON THE PROCESSING OF PERSONAL DATA

In application of the regulations relating to personal data, the CUSTOMER may without justifying a reason and at any time:

Update the data concerning him by logging into his account and configuring the settings for this account;
Delete his personal data from his profile by deleting his account or by writing to the following email or postal address. However, in accordance with its legal and tax obligations, SKYNETS is required to keep the information concerning the order for a period of 10 years.
Exercise your right of access, to find out your personal data, by writing to the postal address or using the form below. In this case, the Platform may request proof of the identity of the CUSTOMER, in order to verify its accuracy;
If the personal data held by the Platform is inaccurate, he may request the updating of the information, by writing to the email or postal address below;

The CUSTOMER also has the right to oppose the processing of his data for legitimate reasons. All of these rights are exercised with SKYNETS by postal mail accompanied by a copy of an identity document with a signature via our form or at the following postal address: FORFRY / SKYNETS Chemin des Amandiers 83300 DRAGUIGNAN FRANCE.

In accordance with the provisions of the so-called "Data Protection Act" of January 6, 1978 and the general data protection regulations of April 27, 2016, the processing of personal data communicated by the CUSTOMER is justified by the performance of the service contract.

ARTICLE 18 - APPLICABLE LAW AND RIGHT OF WITHDRAWAL

These general conditions are subject to French law for both the formal and substantive rules and the services offered by the captainverify.com site are reserved for the User acting as a professional. Consequently, the CUSTOMER is informed that consumer law is excluded. If you have not asked SKYNETS to request additional details and / or attended a demonstration of the operation of the platform, before signing these terms, the Customer acknowledges having been sufficiently informed. Consequently, the Customer is informed that he does not have a right of withdrawal.

Notwithstanding the applicability of the previous paragraph, if by legal exception, consumer law would be applicable to the User, the latter is informed that he has a right of withdrawal of 14 days from the conclusion of this service contract. However, if the User uses all of his credits ordered before the end of the withdrawal period, he is informed that he expressly waives his right of withdrawal due to the full performance of the services before the end of the period of withdrawal.

ARTICLE 19 - LIMITATION OF LIABILITY

Given the state of the art in use in its profession, SKYNETS, which undertakes to take all possible care in the execution of its obligations, is subject to an obligation of means. SKYNETS guarantees that the Service complies with its Documentation available online https://captainverify.com/docs.html. SKYNETS does not guarantee receipt and opening of messages sent to verified phone numbers and email addresses; these may depend on many factors outside the scope of SKYNETS (examples of anti-spam, anti-virus software). SKYNETS does not guarantee that the Service is free from any defect or hazard but undertakes only to remedy, with all reasonable diligence, the reproducible malfunctions of the Service noted in relation to the Documentation.

SKYNETS does not guarantee the ability of the Services to achieve objectives, results that the CUSTOMER would have set for themselves and / or to perform specific tasks which would have motivated him in his decision to conclude this Agreement, but that he would not, on the one hand, have been set out in full in advance and which, on the other hand, would not have been the subject of an express and written validation of SKYNETS.

SKYNETS will only be liable for direct and foreseeable damage resulting from a breach of its contractual obligations. In the event that SKYNETS 'liability is retained, including in the context of personal data breaches, the aggregate and cumulative compensation, all causes combined, to which the CUSTOMER may claim, will be limited to the value of the or disputed credits at the origin of the responsibility of SKYNETS, without it is never taken into account of another service being the object of a different contract to establish this amount. The Parties recognize that the price of the Service reflects the distribution of the risks arising from the Contract, as well as the economic balance desired by the Parties, and that the Service would not have been concluded without the limitations of liability defined herein.

The Parties expressly agree that the limitations of liability continue to apply even in the event of the nullity, termination or termination of the Contract.

In no case may SKYNETS be held liable either towards the Customer or towards third parties, for any indirect damage, which would be material or immaterial, foreseeable or unpredictable, such as loss of operation , loss of a chance to make a profit, image damage, loss of a business opportunity or any similar damage, the price of purchase, installation, testing, implementation and start-up of Alternative Services and all additional Services provided by third parties in this context; additional costs in terms of salary of salaried or independent staff of the CUSTOMER or its subcontractors; the cost of recovery, reconstitution, installation and / or restoration of lost or corrupted Data; any other financial loss, the questioning by a third party of the responsibility of the CUSTOMER, of a member of its salaried or independent staff or of any person for whom the CUSTOMER is responsible; any fines imposed by the authority responsible for the CUSTOMER.

SKYNETS is only bound to repair the direct damage of the CUSTOMER in the event of fraud or gross negligence (except for fraud or gross negligence of a subcontractor), it is up to the CUSTOMER to establish it.

ARTICLE 20 - FORCE MAJEURE

SKYNETS cannot in any case be held responsible and no compensation can be requested from it, for delays or damaging consequences due to force majeure, understood as any event bearing the character of exteriority, irresistibility and unpredictability recognized by the jurisprudence of French courts and tribunals, which would prevent it from performing all or part of its commitments. Expressly, malfunctions of internet service providers, telecom operators, hosting providers and telecommunications are also considered to be cases of force majeure, since these malfunctions do not originate from the technical means used. by SKYNETS and are not their responsibility.

ARTICLE 21 - NON PARTIAL VALIDATION

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.

ARTICLE 22 - NON WAIVER

The fact that one of the parties does not claim a failure by the other party to any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

ARTICLE 23 - TITLE

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

ARTICLE 24 - MEDIATION

In the event of a dispute mainly concerning the operation of the captainverifiy.com platform, the CUSTOMER first addresses SKYNETS, via the form or by mail to FORFRY / SKYNETS Chemin des Amandiers 83300 DRAGUIGNAN FRANCE. In the absence of a solution within 21 days of the request, the Customer can enter the European Disputes online Settlement Platform (RLL) - ec.europa.eu/consumers/, which will free a free amicable settlement.

The Customer acknowledges that the European Commission, has exclusive jurisdiction to deal with a mediation process with the disputes born of this document and the agreement that could be subsequently signed. Neither the customer nor the company can use another mediation system.

ARTICLE 25 - COMPETENT TRIBUNAL

In the absence of an amicable agreement, THE COURTS OF THE HEADQUARTERS OF SKYNETS ARE ALONE AND EXCLUSIVELY COMPETENT.