Terms of Service
Legal information
The TipShout Application, hereinafter referred to as the "Application", provides a service that facilitates the exchange of experiences and tips.
Accessing, consulting and using the Application implies unreserved acceptance of these Terms of Service.
BringMeBiz SAS, publisher of the Application, is a société par actions simplifiée with a capital of 10,000 euros, registered in the Grasse trade and companies register under number 833 141 880. Head office: 1300 route des Crêtes, 06560 Valbonne, France.
Intra-community VAT number: FR74833141880
For any questions about the company, you can contact us at the following email address:
contact@tipshout.com.
The Application is hosted by Amazon Web Services Inc., P.O. Box 81226, Seattle, WA 98108-1226.
1. Definitions
Application: refers to the mobile application operated by BringMeBiz SAS.
BringMeBiz: refers to the company BringMeBiz SAS, a société par actions simplifiée, with a capital of 10,000 euros, whose head office is located at 1300 route des Crêtes, 06560 Valbonne, France, and registered in the Grasse trade and companies register under number 833 141 880.
TIPSHOUT Service: refers to the services made available to Users by BringMeBiz SAS.
User: refers to any person registered on the Application.
2. Purpose
The Terms of Service are intended to determine the conditions of use of the TIPSHOUT Service made available to Users.
3. Acceptance
The User declares to have read these Terms of Service and expressly accepts them without reservation and / or modification of any kind.
4. Use of the TIPSHOUT Service
4.1 General provisions
The User acknowledges that interruptions are likely to occur due in particular to the uncertain reliability of transmissions on the infrastructures and networks on which they circulate.
The User acknowledges that it is up to them to take the necessary measures for the security of their equipment and their data, in particular against any virus or hacking.
BringMeBiz cannot be held responsible for any damage resulting from logging into the Application.
The User undertakes to keep confidential their usernames and passwords that allow them to access the TIPSHOUT Service, and cannot hold BringMeBiz responsible for fraudulent connection and use.
The User acknowledges that any connection to their account will be deemed to have been made by themselves.
The User accepts that for technical reasons the dissemination of their experience or tip will not be instantaneous following its creation.
The User accepts that the experiences and tips they post on the Application may be shared by any User on other networks such as Facebook, LinkedIn, Instagram or Twitter.
The User acknowledges that by using the Application they accept that their profile is public, that is to say that everyone can see its content (experiences, tips, photos, videos, comments, etc.).
4.2 Description of the TIPSHOUT Service
The TIPSHOUT Service includes among others:
The creation of experience, tip as well as the publication of photos and videos
Experience and tip consultation
Tip geolocation
Tip search
Tip save
User search and the ability to follow users
Adding comments to experiences and tips
The TIPSHOUT Service is free for any User.
4.3 Personal data
The processing of personal data is governed by our privacy policy, which is an integral part of these Terms of Service.
5. Moderation
5.1 Withdrawal of content
BringMeBiz reserves the right to remove, without notice or prior notification, compensation or right to reimbursement, any content that does not comply with the Terms of Service and / or that is likely to infringe the rights of a third party or BringMeBiz.
5.2 Notification of abuse
Any User can report an experience, a tip, a comment or a content in general, or another User in the event of non-compliance with the Terms of Service.
6. Liability and guarantees
6.1 Responsibility of the User
The User undertakes to use and operate the TIPSHOUT Service as well as each experience and tip in accordance with the regulations in force and in particular to respect the rights of third parties.
The User agrees that the information entered in their account does not infringe the rights of a third party.
The User declares in particular that this information is their sole responsibility.
The User declares to be 13 years of age or over at the time of the account creation.
The User recognizes that they are solely responsible for their use of the TIPSHOUT Service, for their comments and / or for their data and content. In particular the User agrees to defend, indemnify, and hold harmless BringMeBiz, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, costs, charges, actions or demands (including, without limitation, reasonable legal and accounting fees) resulting from their use.
The User undertakes to behave in a respectful and loyal manner towards their interlocutors.
The User undertakes in particular:
- not to violate any regulations in force
- to be vigilant with regard to the personal information they communicate
- not to make inappropriate, violent, abusive, shocking, obscene, indecent, defamatory, discriminatory, racist, pedophile, pornographic, illegal, and generally contrary to good morals comments.
- to respect image rights, intellectual property rights, copyright, the right to privacy
- not to make false or misleading comments
- not to use words that encourage the commercialization of prohibited goods or services
- not to make comments which infringe or incite to infringe the rights and the functioning of the TIPSHOUT Service
- not to send messages or content that could cause the TIPSHOUT Services to malfunction (software, viruses, etc.), nor mass messages.
BringMeBiz reserves the right to remove any experience, tip, comment or content in general that does not comply with the terms of service and to delete or suspend the account of any User who does not comply with them, without notice or notification and without compensation.
The User acknowledges that they are solely responsible for the messages they exchange with each other and that BringMeBiz cannot be held responsible under any circumstances.
The User acknowledges being informed that contributing, on a regular basis, even on an ancillary basis, to operations relating to the goods or services of others is a regulated activity in some countries.
Consequently, the User declares to be in conformity with the regulation in force.
In the event that they do not benefit from an authorization falling within the scope of the law, they declare that they only occasionally contribute to transactions relating to the goods or services of others.
The User can unsubscribe from the Application at any time.
6.2 Responsibility of BringMeBiz
BringMeBiz, which is limited to hosting User content, is subject to the reduced liability regime for hosts provided for in Articles 6.I.2. et seq. of the French law n ° 2004-575 of June 21, 2004 on confidence in the digital economy.
BringMeBiz can therefore in no way be held responsible for the content published by Users and the messages they exchange, and makes no representation or warranty, express or implied, in this regard.
BringMeBiz is a third party to correspondence and relationships between Users, and therefore excludes any liability in this regard.
6.3 Limitation of liability of BringMeBiz
BringMeBiz cannot be held responsible for interruptions, modifications and malfunctions of the TIPSHOUT Service.
BringMeBiz undertakes to implement all the necessary means to ensure the best possible provision of the TIPSHOUT Service to Users.
BringMeBiz cannot be held responsible for the loss of data or information stored by BringMeBiz, nor for direct or indirect damage, of any nature whatsoever, resulting from the content of experiences, tips and messages, from the use, management, exploitation, interruption or malfunction of the TIPSHOUT Service.
It is in particular the responsibility of the Users to take all the necessary precautions to preserve the experiences, tips, photos and videos they publish on the Application.
BringMeBiz cannot be held responsible for any temporary inability to access the Application resulting from technical problems of any kind.
BringMeBiz reserves the right, at any time, to modify or interrupt the accessibility to the Application or all or part of the TIPSHOUT Service.
The User acknowledges that BringMeBiz does not intervene in any way whatsoever in the legal relations between Users, and that it is their responsibility to carry out the usual checks, in particular of a legal nature, before entering into any agreement with another User.
Some address information provided by the Application come from sources known to be reliable. However, this information is provided for informational purposes only and cannot be considered as advice or recommendations. Furthermore, BringMeBiz cannot guarantee its accuracy.
7. Intellectual property
All intellectual property rights relating to both the general structure of the Application and its content (slogans, texts, images, photos, videos, sounds, graphics, logos, databases, etc.) are the property of BringMeBiz. Any reproduction, representation, modification or total or partial exploitation of the Application or its content without the prior authorization of BringMeBiz is prohibited and constitutes an infringement. Consequently, the criminal and civil responsibility of its author can be engaged.
The BringMeBiz and TipShout brands and logos are registered trademarks. Any total or partial reproduction without the prior authorization of BringMeBiz is prohibited.
In general, the logos, brands, domain names, company names, trade names and other distinctive signs of BringMeBiz and TipShout and / or its partners mentioned on the Application cannot be used without the prior authorization of their owner. Any reproduction, representation or total or partial exploitation is therefore prohibited.
The hypertext links on the Application that redirect to other websites or mobile applications cannot engage the responsibility of BringMeBiz. The User is solely responsible for their activation.
The User is the owner of the content that they upload to the Application. However, They grant BringMeBiz the right to use this content (text, logo, photos, videos, brands, etc.).
In particular, the User gives BringMeBiz the right to disseminate, reproduce, modify or adapt its content for advertising, commercial or other purposes.
The User authorizes in particular BringMeBiz to use their experiences and their tips on social networks, in particular Facebook, Instagram, Linkedin and Twitter, of which they acknowledge accepting the terms of service.
8. Evolution of the Terms of Service and the TIPSHOUT Service
BringMeBiz reserves the right to modify, in whole or in part, the Terms of Service and the TIPSHOUT Service. By using the Application, the Users accept the changes made.
9. Miscellaneous provisions
If part of the Terms of Service should prove to be illegal, invalid or inapplicable, for any reason whatsoever, the provisions in question will be deemed unwritten, without calling into question the validity of the other provisions which will continue to apply between the Users and BringMeBiz.
Privacy Policy
Purpose
The purpose of this Privacy Policy, which is an integral part of the Terms of Service, is to transparently describe the way BringMeBiz processes Users' personal data and the reasons for this processing.
Data controller
BringMeBiz, the data controller, is responsible for processing Users’ data, collected during the use of the TIPSHOUT Service.
The data collected
BringMeBiz can collect the data that the User provides directly when using the TIPSHOUT Service.
This is particularly the case when creating an account, filling in profile fields, creating an experience or a tip, posting comments, or sending messages to BringMeBiz teams.
Among the data collected we thus have, without this being limiting, the civility, the family name, the first name, the company name, the SIRET, the email address, the date of birth, the telephone number, the postal address, the city, the postcode, the profession, the company, the identity document, of the User.
The provision of certain information may be optional.
BringMeBiz also collects data from the use of the TIPSHOUT Service by the User. For example, this may be data collected following consultation of a tip or a category, a search, the creation of a tip, or the publication of a comment.
When browsing the Application, BringMeBiz notably uses cookies and the IP address of the Users to identify them and record their activity.
BringMeBiz can also collect personal data about the Users through clients or partners.
Purposes of data processing
The personal data that we collect makes it possible in particular:
to create and manage your account
to follow Users
to create experiences and tips
to post comments
to reply to the messages you send to BringMeBiz teams
to send you newsletters or commercial offers
to analyze the way you use the TIPSHOUT Service and to establish statistics
to improve the TIPSHOUT Service thanks to a better understanding of Users
to personalize your experience by adapting the content you have access to
to personalize the advertisements according to your geolocation and to inform you of commercial offers from partners, subject to having obtained your consent
to fight against any violation of the Terms of Service
to comply with the law and to respect our legal obligations
Data recipients
The personal data that BringMeBiz collects is accessible by its technical service providers acting as subcontractors. Some subcontracted technical services are, for example, hosting or advertising technology.
In this context, certain personal data may be transferred outside the European Union. This transfer is governed by legal provisions.
Some of our service providers (advertising service providers, etc.) may collect your personal data as data controllers, subject to having obtained your consent.
BringMeBiz may be required to communicate your personal data to administrative or judicial authorities authorized by law to meet its legal obligations or in the event of an offense or a violation of the Terms of Service.
Your rights
The User has the following rights:
Right of access, which allows to have confirmation of the processing of their data and to access it.
Right to rectify and update their data
Right to delete data, subject to BringMeBiz legal retention obligations.
Right of limitation, which allows to temporarily freeze the use of their data.
Right to portability, which makes it possible to receive their data in a structured, machine-readable format, and to transmit them to another data controller.
Right of opposition, which allows to oppose the processing of their data, except in the case of legitimate and compelling reasons of BringMeBiz.
Right not to be the subject of a decision based exclusively on automated processing, except when this is necessary for the conclusion or execution of a contract or when it is legally authorized.
Right to establish guidelines for the fate of their personal data after their death.
The User can exercise their rights of access, rectification or deletion via their profile.
To exercise their other rights, the User can send their request to the following email address:
contact@tipshout.com
Duration of the retention
Personal data is kept for the time necessary to achieve the purposes relating to their collection and in accordance with the applicable legislation.
For example, the data relating to accounts and tips is kept for 5 years from their deletion, and the data relating to prospects are kept for 3 years from the last contact from the prospect.
Protection of your data
BringMeBiz uses a set of measures to guarantee the protection of personal data, such as setting up firewalls, storing data on secure servers, or even access controls.
Cookies policy
This part allows you to learn more about the issuance and use of cookies when you browse the Application and our website www.tipshout.com (the “Website”).
What is a cookie ?
Cookies are text files saved on the hard drive of your terminal (computer, mobile, tablet) thanks to your browser when consulting an online service.
They make it possible to identify your terminal during their period of validity.
When you browse the Application or the Website, cookies issued by BringMeBiz or by third-party companies may be placed on your terminal.
Cookies used by BringMeBiz
Functional cookies
Functional cookies allow us to identify you when you log into the Application or visit the Website, to store your preferences and to personalize your browsing.
These cookies will remain valid for 13 months.
Analytics cookies
Analytics cookies allow us to analyze the use of the Application and the Website and, for example, to establish audience measurements and statistics in order to improve our services.
These cookies will remain valid for 13 months.
Advertising cookies
Advertising cookies are likely to be placed on your terminal. These cookies make it possible to show you the most relevant advertising possible based on your interests derived from your recent browsing, whether on the Application, on the Website or on third-party sites.
Cookies issued by third-party companies
Cookies issued by third-party companies may be placed on your terminal.
Social networks, through the social buttons on the Application for example, are particularly likely to identify you and monitor your browsing.
The issuance and use of cookies by third-party companies fall under their own privacy policy.
Managing cookies
You can configure your browser so that cookies are accepted and placed on your terminal or refused.
Please note that the acceptance or the refusal of cookies will likely have consequences on your browsing and on the access to certain services.
The configuration is different depending on the browser. It is described in the help menu of your browser which will allow you to know how to modify your wishes:
