MOODWALK Company (hereinafter "MOODWALK")
SAS with capital of 41,010.20 euros
Headquarters: 2 bis rue Vermenton 60200 COMPIÈGNE
RCS COMPIÈGNE : 812 650 992
offers on the site www.moodwork.co (hereinafter the "Site") to Users, employees at the breasts of companies or agents at the breasts of communities, who have also subscribed to MOODWALK, the Moodwork Services, consisting of online tools and services aimed at improving their well-being within their business / community.
SUBSCRIPTION TO MOODWORK SERVICES INVOLVES THE RESERVATION WITHOUT RESERVATION OF THESE GENERAL CONDITIONS OF SERVICE BY THE USER, AS WELL AS GENERAL CONDITIONS OF USE OF THE SITE, IN THEIR LATEST VERSIONS, SUCH AS ACCESSIBLE AND CONSULBLE ON THE SITE.
- Description of services
- Registration and user account creation procedure
- Intellectual property rights
- Duration and termination
- Personal data
- These General Conditions of Service set out the conditions for joining and using the Moodwork Services (hereinafter the "Services") offered on the Site by MOODWALK.
- The present do not concern Internet users visiting the Site, who have no right to use the Services but only to consult the Site, and are subject to the General Conditions of Use of the Site.
For the purposes of this document, each of the expressions below will have the meaning given in its definition, namely:
- "Company / Collectivity": designates the company / collectivity also employing the User as employee / agent, and having concluded with MOODWALK a subscription contract for the Services, for the benefit of its personnel;
- "User Space": Space to which access is reserved for the User on the Site, under the "Home" section on the basis of entering his professional email address and a confidential password, from which he may access and use the Services;
- "User": designates the natural person who has subscribed to the Services, using a unique professional email address corresponding to that of the Customer's company / community (eg first [email protected]), having validated these Conditions as well as the General Conditions of Use of the Site - the User is also necessarily an employee of a company or agent of a community that has also concluded with MOODWALK a subscription contract to the Services to benefit its employees / agents ;
- "Services": covers all of the services provided on the Site, as described under article 3 hereof;
- "Site": designates the website accessible under the address www.moodwork.co.
3. Description of services reserved for users
- Simple access and consultation of the Site is free and open to all, subject to respecting all of the provisions referred to in the 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 agents 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 to the User on the Site consist of a set of tools and functionalities helping to improve his well-being at work, allowing him to know and follow the evolution of his state of well-being, but also to improve it through personal development programs.
- The tools consist mainly of questionnaires, to which the User is invited to respond, by logging into his User Space, on a daily and monthly basis, depending on the category of questionnaire.
These questionnaires are systematically the subject of a summary, of a presentation of the risk and protection factors of the User, as well as of the proposal to the User to carry out exercises aiming to reduce his factors of ill-being potential.
- Among the functionalities offered, the User has access to their User Space, for the entire duration of their subscription to the Services, to the results and summaries of their monthly tests, their exercises, as well as to statistics concerning the evolution of their well-being within the Company / Community, as resulting in particular from its tests.
- Users whose Companies / Community have chosen the option of chatting with a psychologist will be able to benefit from such a Service, depending on the parameters (available slots, duration of dialogs, etc.) selected by the Company / Community, it being specified where appropriate that these exchanges will be carried out on a strictly anonymous basis, both vis-à-vis the psychologist and the Company / Community.
- The tools and functionalities included in the Services are precisely detailed on the Site, MOODWALK reserves the right to delete and/or modify at any time all or part of these tools and functionalities, without the User being able to conceive any grievance against it, or claim any kind of compensation.
- The creation of a User account, and the use of the User Services are conditioned by the prior and entirely free subscription to the Services, under the conditions referred to in article 4 hereof.
- 3. For any question about the Services offered by MOODWALK, the Users are invited to consult the FAQ on line on the Website, and in case they have not found an answer, to contact MOODWALK at the contact details appearing under article 9.1 of the present Conditions.
4. Registration and user account creation procedure
- Membership and access to MOODWALK Services and the creation of a User account are reserved exclusively to private individuals, i.e. natural persons meeting the following criteria: - To
• be an employee of a Company or agent of a Community, having concluded a subscription contract to the Services with MOODWALK,
• - To have communicated to MOODWALK, at the time of its registration, a unique professional email address corresponding to that of the Company/Community (e.g.: pré[email protected]);
• - To have validated the present General Conditions of Services and the General Conditions of Use of the Site.
- At the time of registration, the User undertakes to provide accurate and truthful information concerning all questions asked and, where appropriate, authentic documents, whether originals or copies.
He shall not impersonate a third party, create multiple accounts or register as a User on behalf of a third party.
- The User undertakes to regularly check all of his data and to make the necessary corrections and modifications online in his User Space.
MOODWALK reserves the discretionary power to refuse, or to invalidate a posteriori the registration of a User whose information would prove to be inaccurate, incomplete, misleading or fraudulent.
- MOODWALK particularly draws the User's attention to the need for the User to communicate a unique professional email address that is valid and that corresponds to that of the Company/Collective (ex: [email protected]).
- Any communication made by MOODWALK on this email address is deemed to have been received and read by the User.
This validation click, once MOODWALK has notified the User of its acceptance of his application for Services, and the User has clicked on the activation link that will be sent to his email address, constitutes definitive consent to contract with MOODWALK for the offer of Moodwork Services. The validation click constitutes an electronic signature, which has the same value as a handwritten signature.
- Registration gives rise to the choice by the User of a confidential password, allowing him/her to access his/her User Space by entering his/her professional email address as an identifier.
The password is confidential, can be modified online by the User in his personal, confidential and non-transferable User Space.
The User undertakes not to communicate his personal identification details to third parties.
The User may not use or attempt to use another User's account.
MOODWALK cannot be held responsible for any direct or indirect damage suffered by the User or by third parties, resulting from fraudulent access to the User Space of the User, following a disclosure of the User's personal identification elements.
In particular, MOODWALK cannot be held responsible for any direct or indirect damage suffered due to the access by unauthorized third parties to the User Space of the User, as soon as this fraudulent access will have been carried out on the basis of the seizure of his personal identification elements, including in the cases where the User will have pre-registered these personal identification elements on the terminal used to connect to the Services, thus allowing an automatic connection to his User Space.
- MOODWALK reserves the right to refuse an application for membership to the Services for any reason whatsoever, in particular due to non-compliance by the applicant concerned with the provisions of article 4.3 hereof.
- The computerized registers, kept in the computer systems of MOODWALK or its subcontractors, in reasonable conditions of security, will be considered as proof of the User's registration to the Services.
Registration Forms, as well as all communications, operations carried out and validations made by the User throughout the duration of his membership, are archived on a reliable and durable medium that can be produced as proof.
- MOODWALK is subject to an obligation of means towards the Users in the design and supply of the Services.
However, MOODWALK provides the Site and the Services as is and does not guarantee that they will meet Users' expectations.
- 2. MOODWALK guarantees only the conformity of the Services to the present contract and to the description made on the Site, and makes no other guarantee of any kind.
In particular, MOODWALK cannot be held responsible for any direct or indirect damage, suffered by the User or by third parties who would find their source in the information and results resulting from the use of the tools and functionalities included in the Services.
- The User acknowledges and accepts that all the information that will be communicated to him by MOODWALK within the framework of the provision of the Services, and in particular in the summaries of the questionnaires to which he will answer, as well as in the data and statistics relating to his level of well-being within the Company/Collective: 1
1. do not constitute either directly or indirectly a medical consultation, and are not intended to replace a consultation, a visit or a diagnosis formulated by a doctor or any other therapist.
2. is neither complete nor exhaustive and that this information does not deal with all the various symptoms and treatments appropriate to the pathologies and various ailments that may be of interest to the User.
- MOODWALK does not guarantee in any way whatsoever any result following the use of the Services by the User, and in particular the response to the various questionnaires, the summaries that are made of them, the exercises recommended within the framework of the programs and the follow-up of these by the User.
The results obtained from the various questionnaires, exercises and assessments of the User's level of well-being within the Company/Community are given for information purposes only, and therefore do not presume the quality of the User's current and/or future state of health, or conversely cannot call into question the User's state of health.
The User is therefore invited, if he feels the need to consult a doctor or any other appropriate therapist, on the recommendation of his attending physician.
The User acknowledges and accepts consequently that MOODWALK cannot be held responsible for the information referred to in article 5.3 above, and accepts that the use of this information is carried out under his entire responsibility, control and direction.
- MOODWALK undertakes to implement all the necessary means to ensure the functioning of the Site and the Services in the best conditions of throughput, connection time and permanence.
However, due to the very nature of the Internet and of the computer and network infrastructures necessary for the functioning of the Services, MOODWALK cannot guarantee the functioning of the Services 24 hours a day and 7 days a week.
In order to ensure a quality service, MOODWALK also reserves periods of maintenance, updates or technical interventions, likely to lead to a cut in access to the Site and to the Services. However, MOODWALK undertakes to limit the number and duration of Service interruptions.
- In all cases referred to in article 5.5, the resulting dysfunctions or unavailability of Services cannot be considered as periods during which MOODWALK does not fulfil its obligations, and no compensation will be paid to the User, whatever the prejudice possibly suffered by the User or by third parties due to these dysfunctions or unavailabilities.
The same shall apply to any direct or indirect damage suffered by the User that may arise from the use of the functionalities, software tools and online services made available through the Services.
6. Intellectual Property Rights
- 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 User a right of private, non-collective and non-exclusive use of the data referred to in article 6.1 of the present Conditions.
The User, 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 authorization, all or part of the data referred to in article 6.1 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.
- 3. "MOODWALK" and "MOODWORK" are registered trademarks, over which MOODWALK holds the exclusive exploitation rights.
The User undertakes not to infringe in any way on these trademarks, and not to use them in any way without the formal and prior authorization of MOODWALK.
7. Term and Termination
- The User's subscription to the Services is concluded for an indefinite period.
The User may terminate it at any time by sending an email to [email protected].
- 2. MOODWALK reserves the right to terminate without notice or compensation the User's membership to the Services in case of failure of the User to comply with the obligations resulting from the present contract, or in case of violation by the User, within the framework of the Services, of the various Laws and Regulations in force, of national, community and international scope if necessary, as well as Public Order and good morals.
- 3. In all cases of termination of this contract referred to in this article, the User's access to his User Space will be automatically invalidated, as a result of which the User will no longer have access to the results and summaries of his daily and monthly tests, his exercises, as well as to his statistics concerning the evolution of his well-being within the Company/Collective.
- 4. In accordance with the recommendations of the CNIL (Commission Nationale Informatique et Libertés), MOODWALK does not keep the data and information concerning the User beyond a period of one (1) year from the expiration of his membership to the Services.
- MOODWALK retains the right to suspend temporarily or permanently and without notice the supply of all or part of the Services: 1
1. . in case of force majeure, as defined by article 1218 of the Civil Code; 2
2. . at its discretion.
The present Conditions will then be automatically terminated, without the User being able to oppose them, or claim any compensation whatsoever.
8. Personal data
- 1. In accordance with the provisions of Law n° 78-17 of 6 January 1978 relating to data processing, files and liberties, and with the decision of the CNIL (Commission Nationale Informatique et Liberté) 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, the file of Users subscribing to the Services has been declared to the CNIL by MOODWALK, namely that MOODWALK has declared in particular that the conditions of collection and processing of Users' personal data within the framework of the operation of the Site and Services strictly comply with the conditions set forth by the simplified standard n°48 enacted by the CNIL concerning the automated processing of professional data relating to the management of clients and prospects.
- 2. Users who have provided personal information and all documents through 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 them.
To exercise this right, all they need to do is send a postal or electronic mail to the contact details given in article 9.1 hereof.
- 3. MOODWALK undertakes to respect, within the framework of the processing of the User's personal data, all the obligations incumbent upon it under Law n° 78-17 of 6 January 1978 relating to information technology, files and liberties, modified by Law n°2004-801 of 6 August 2004 relating to the protection of individuals with regard to the processing of personal data.
The personal data relating to the User, collected during his subscription to the Services, notably through forms, questionnaires, and in particular the data relating to their well-being within their Company/Collective, are only intended for the exclusive use of MOODWALK within the framework of the implementation of the services offered to the Users, and are not communicated or transferred to third parties, other than the technical service providers who may be responsible for managing the Services, who are required to respect the confidentiality of the information and to use it only for the specific operation for which they are required to intervene.
MOODWALK guarantees in this respect that no nominative data relating to the User collected and processed in the context of his/her use of the Services, and in particular no data, including statistical data, resulting from his/her answers to questionnaires, or from his/her practice of exercises, and from the results of these exercises, will be the subject of any communication to the Company/Collective.
The User acknowledges and accepts however that MOODWALK may provide the Company/Community, without having to inform the User, with anonymous data, that is to say data that does not allow to bring them closer to the User, concerning the use of the Services by the employees of the Company or agents of the community, the results of this use and their well-being within the Company/Community.
- 4. MOODWALK keeps the Users' personal data on its own servers and undertakes to keep the personal data collected strictly confidential, except in the cases referred to in article 8.3 hereof.
MOODWALK also guarantees the security and integrity of this data.
- Users' data will also be used to strengthen and personalise communication with Users, in particular through the newsletters to which they may have subscribed.
- 6. The User is informed and accepts that the operation of the Site necessarily implies that MOODWALK places "cookies" on his computer when he browses the Site, i.e. files recorded on his computer's hard disk, allowing the User to be automatically identified during the following connections to the Site, and to facilitate his browsing on the Site, as well as the use of the Services offered there.
Cookies do not contain any personal information, as they are files stored on the hard disk of the User's computer, allowing him/her to be automatically identified during subsequent connections to the Site, and to facilitate his/her navigation on the Site, as well as the use of the Services.
Cookies may also be used to establish statistics concerning the use of the Site and the methods of browsing on the Site, in particular to evaluate traffic on the Site. Any person accessing the Site is assigned a unique cookie which then makes it possible to determine the way in which the Site is used.
These cookies will be kept on the User's computer for 14 days, bearing in mind that at the end of this period, and if the User logs on to the Site again, a new cookie will automatically be placed on the User's computer.
The User 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 and the Services.
- 7. The User further acknowledges and expressly accepts that MOODWALK reserves the right to collect megadata (big data), i.e. massive non-nominative data, in the context 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 against payment.
- 8. 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: Users' responses regarding their 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].
- 1. For any information or question, MOODWALK invites the User to consult on the Site the FAQ section, gathering the most frequently asked questions and their solutions.
In the event that the User is not satisfied with the FAQs, the User may contact Moodwalk support at the following email address: [email protected] or via the contact form.
No requests will be accepted or processed by telephone.
- 2. The present conditions express the entirety of the obligations of MOODWALK as well as of the User, who is however subject to the provisions of the General Conditions of Use of the Site.
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.
- 3. 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.
- 4. In the event of a dispute, only the French language version of these General Terms and Conditions of Services shall be deemed authentic for the purposes of interpretation.
The present conditions are governed by French law both for the rules of substance and for the rules of form, and they apply worldwide.
Any dispute arising from the execution or interpretation of the provisions of the present contract obliges the parties to come together and try to find an amicable solution to their dispute, before referring the matter to the competent jurisdiction.
IN THE EVENT OF FAILURE ONLY THE FRENCH TRIBUNALS WILL BE COMPETENT TO DECIDE ON THIS LITIGATION.