Terms of Service
The purpose of these General Conditions is to provide all the conditions of access and use of the Site accessible under the address www.moodwork.co.
MOODWALK Company (hereinafter "MOODWALK")
SAS with capital of € 41,010.20
Headquarters: 2 Bis Rue Vermenton 60200 COMPIEGNE
RCS COMPIEGNE: 812 650 992
Publication director :
M. Benjamin BRION
2 rue Kellermann
59100 Roubaix – France
SAS with a capital of € 10,000,000
RCS Lille Métropole 424 761 419 00045
Access to and use of the site accessible under the address www.moodwork.co (hereinafter the "Site") implies the tacit and unreserved acceptance of these Conditions by Visitors, in their latest version online.
"Visitor (s)" is understood within the meaning of the present as any natural or legal person connecting and browsing the Site, without being registered as a User (s).
- Description of the Moodwork services site
- Access and availability
- Intellectual property
- Confidentiality and personal data
1. Description of the Moodwork site and services
The Site and all of the content and services accessible on it are intended for anyone interested in the issue of well-being in the exercise of a professional activity.
- Simple access and consultation of the Site is free and open to all, subject to respecting all the provisions referred to in these General Conditions of Use of the Site.
- Access and use of the Services offered on the Site are however reserved for salaried users of a company or agent of a community who have also concluded a contract with MOODWALK to subscribe to the Services for the benefit of its personnel.
- The Services offered on the Site consist of a set of tools and functionalities helping to improve the well-being at work of users, by enabling them to know and follow the evolution of their state of well-being, but also to improve it through personal development programs.
- The creation of a user account, and the use of the Services are however conditioned by the prior and entirely free subscription to the Services, and to the validation of the General Conditions of Services, provided that the employer of the candidate for registration has in addition concluded with MOODWALK a subscription contract to the Services.
- For any information or question, MOODWORK invites the Visitor to consult the FAQ section on the Site, grouping the most frequently asked questions and their solutions.
In the event that the Visitor has not found satisfaction in the FAQs, he can reach MOODWORK support by email: [email protected].
No request will be accepted or processed by telephone.
2. Access and availability
- MOODWALK is subject to an obligation of means in the context of the provision of the Site and the Services.
- In accordance with its obligation of means, MOODWALK undertakes to implement all the means necessary to ensure the operation of the Site and the Services under the best conditions of availability, connection time and permanence.
However, due to the very nature of the Internet and the IT and network infrastructure necessary for the operation of the Services, MOODWALK cannot guarantee that the Services will operate 24 hours a day, 7 days a week.
In order to ensure quality service, MOODWALK also reserves periods of maintenance, updates or technical interventions, which may cause access to the Site and the Services to be cut off.
MOODWALK undertakes, however, to limit the number and duration of such interruptions.
3. 3. Liability
- MOODWALK does not guarantee the topicality, relevance or exhaustiveness of the information published on the Site, nor the conformity of said information with the use that the Visitor wishes to make of it.
Consequently, the Visitor acknowledges using this information under his exclusive responsibility.
MOODWALK cannot therefore be held liable for direct or indirect damage suffered by the Visitor or by third parties which find their source in the information disseminated on the Site, and more generally, in the consultation and use of the Site .
- MOODWALK does not exercise any surveillance on the sites linked to the Site by means of hypertext links, and declines any responsibility linked to these sites and to the contents which are there.
- All data of any nature whatsoever, and in particular texts, questionnaires, graphics, logos, icons, images, audio or video clips, photographs, trademarks, software, characteristics of the Site appearing on the Site, databases included in the Site and the Services are necessarily protected by copyright, trademark law, the sui generis right of databases and all other intellectual property rights, and belong to MOODWALK or to third parties having authorized MOODWALK to exploit them.
Any reproduction and/or representation of any kind whatsoever, without authorization, of any of the data referred to in this article constitutes an infringement and will be prosecuted.
- MOODWALK, in its capacity as publisher of the Site, grants the Visitor a right of private, non-collective and non-exclusive use of the data referred to in article 4.1 of the present Conditions.
The Visitor, except to engage his civil and criminal liability, therefore undertakes not to reproduce, translate, adapt, arrange, transform, communicate, represent and distribute, permanently or temporarily, by any means and in any form whatsoever, without MOODWALK's prior express authorisation, all or part of the data referred to in article 4.1 of the present Conditions
Any use of software and other robots whose function is to suck up websites in order to extract information from the Site and Services in an automated manner is prohibited under these conditions.
"MOODWALK" and "MOODWORK" are registered trademarks, over which MOODWALK holds the exclusive exploitation rights.
The Visitor undertakes not to infringe in any way on these trademarks, and not to make any use of them without the formal and prior authorisation of MOODWALK.
- Any creation of a hypertext link from an Internet site to the Site must be the subject of an express and prior authorization of MOODWALK, this authorization can be withdrawn at any time by MOODWALK, without having to justify its decision of withdrawal.
5. Confidentiality and personal data
- In accordance with the provisions of Law n° 78-17 of 6 January 1978 relating to data processing, files and liberties, and the decision of the CNIL (National Commission for Data Processing and Liberties) of 10 July 2006 to remove the obligation to declare a website in favour of the procedure for declaring the processing associated with the said site, MOODWALK has declared its customer/prospect file to the CNIL (National Commission for Data Processing and Liberties).
- Visitors who have provided personal information via the Site therefore have, in accordance with the provisions of the Law of 6 January 1978, a right of access to data concerning them, as well as a right to modify, rectify and delete such data. To exercise this right, all they need to do is send a letter or e-mail to the contact details at the top of this document.
- The personal data relating to the Visitor, collected through the forms, and any future information, are intended only for the exclusive use of MOODWALK in the context of the implementation of the services offered to the Visitors, and are not communicated or transferred to third parties, other than the technical service providers who may be in charge of the management of the Services, who are obliged to respect the confidentiality of the information and to use it only for the specific operation for which they must intervene.
- MOODWALK keeps the Visitors' personal data on its own servers and undertakes to keep the personal data collected strictly confidential, except in the cases referred to in article 5.3 hereof.
- Visitors' data will also be used to strengthen and personalise communication with them, in particular through the newsletters to which they may have subscribed.
- The Visitor is informed and has given his authorization that the functioning of the Site necessarily implies that MOODWALK places "cookies" on his computer during his navigation on the Site, i.e. files recorded on his computer's hard disk, allowing to automatically identify the Visitor during the following connections on the Site, and to facilitate his navigation on the Site, as well as the use of the Services proposed on the Site.
Cookies do not contain any personal information, as they are files stored on the hard disk of the Visitor's computer, making it possible to automatically identify him/her during subsequent connections to the Site, and to facilitate his/her browsing on the Site, as well as the use of the Services.
Cookies may also be used to compile statistics concerning the use of the Site and the methods of browsing the Site.
These cookies will be stored on the Visitor's computer for 14 days, bearing in mind that at the end of this period, and if the Visitor logs on to the Site again, new cookies will automatically be placed on the Visitor's computer.
The Visitor has the possibility, by selecting the appropriate settings on his browser, to reject cookies, or to destroy them, it being specified that this will make it difficult, if not impossible, for him to use the Site.
- The Visitor further acknowledges and accepts that MOODWALK reserves the right to collect megadata (big data), i.e. massive non-nominative data, within the framework of the operation of the Sites and Services, and to use them for statistical purposes and/or qualitative or quantitative analysis, free of charge or for a fee.
- Moodwork undertakes to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), as from its date of application. The purpose of the processing of personal data and its functionalities are as follows:
- * Analyze employee well-being: User responses regarding employee well-being Analyze employee well-being: User responses regarding employee well-being.
- * Analyze employee burnout: Users' responses regarding their burnout when they want to.
- * Programs to manage employee well-being: User responses regarding their stress management, assertiveness, positive affect and hyper-investment.
- * Registration of new prospects : Users can contact us for a trial version. We back up their emails. For more information, please contact our Data Protection Officer at this email address: [email protected].
- LThe present conditions express the entirety of the obligations of MOODWALK as well as of the Visitor.
MOODWALK reserves the right to unilaterally modify the terms of the present Conditions, in particular in case of technical, legal or jurisprudential evolutions, or during the implementation of new services.
The new clauses will govern for the future all relations between the parties, and only the new version will be valid between them, the applicable conditions being always those accessible online on the Site.
- In the event that one of the provisions of these conditions is considered invalid by virtue of a legal or regulatory provision, present or future, or a court decision with the authority of res judicata and emanating from a competent jurisdiction or body, this provision of the contract would be considered unwritten, all other provisions hereof remaining binding between the parties.
- In the event of a dispute, only the French language version of these Terms and Conditions of Use shall be deemed authentic for the purposes of interpretation.
The present conditions are governed by French law both for the substantive rules and the rules of form.
Any dispute arising from the execution or interpretation of the provisions of this contract obliges the parties to approach each other and attempt to find an amicable solution to their dispute, before referring the matter to the competent jurisdiction.
- WHEN THE VISITOR IS A LEGAL OR NATURAL PERSON ACTING IN A PROFESSIONAL CAPACITY, THE DISPUTE WILL BE BROUGHT BEFORE THE COMPETENT COURT WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN GUARANTEE.