DATA4 MARKETPLACE TERMS and CONDITIONS OF USE
Effective Date: December 2021
Please read carefully these Terms and Conditions of Use (" T&Cs") .
The DATA4 Marketplace ("Marketplace") is a virtual venue that allows you to interact with other Marketplace users in order to exchange and browse information about users’ products and services relating to data center business.
By accessing the Marketplace, which is part of the services rendered under theservice agreement between you or your (affiliated) companies or a contractor of yours and Data4 or its affiliated companies, whether directly or indirectly with Data4) ("Service Agreement"),you declare and acknowledge having fully accepted these T&Cs and you agree to be legally bound, without limitation or qualification, to these T&Cs.
Nothing in these T&CS shall affect the obligations of Data4 or you or your affiliated company with respect to products and services provided under the terms of the Service Agreement, and confirm you are authorized to do so on behalf of your company and its affiliated companies.
Users must be individuals acting on a business-to-business basis. Please be aware that individuals acting as consumers are not allowed to browse or use in any way the Marketplace.
If you do not fully agree to all, or any, of the provisions in these T&Cs please immediately exit and make no further use of the Marketplace.
This Marketplace has been developed by Flexishore, a company incorporated under the laws of France registered under number RCS NANTES 520 992 579 , having its registered office in Nantes .
The Marketplace is operated by Data4 Services France SAS, having its registered office at 6 rue de la Trémoille, 75008 Paris and registered with Company and Trade Registry of Paris under the number 493 254 643 (“Data4 ”) and is hosted on the Data4 server located 3 Rte de Marcoussis, 91620 Nozay, France.
1. Access to the Marketplace and Use
Once you submit a request of log in onto the Marketplace, you will be given with temporary log in details.You may access the Marketplace only with an appropriate combination of a username and password that complies with Data4's following rules. Each Password Combination is specific to an individual and you agree that log-in details should not be transferred or shared with third parties.The first user logging in on behalf of an organisation, will be qualified as “Manager”. Managers can grant or deny access over the Marketplace services to other users belonging to the same organisation.
Registration email will be sent to invited users with required login information.
Users are responsible for setting up their password at the first log-in and for keeping it secret and confidential without disclosing it to any third party.
In accordance with ISO 27001, the chosen password shall contain a minimum of eight (8) characters, of which, at least, three (3) meet the following conditions:
- a capital letter
- a lowercase
- a number
- a special character (#,?,!, @, $,%, ^, &, *, -)
The password shall not contain all or part of the full name of the Manager.
Users agree to keep all passwords and online Iog-in details secure and strictly confidential. In the event of theft or loss of passwords, users shall promptly change it. If users give someone their online ID and online password, they are responsible for any and all actions taken by them or others, including any products or services browsed, under their log-in details and Data4 will have no liability to the Manager in any fraudulent event or misuse. In such an event,they must notify Data4 of a misuse within thirty (30) days of the date of the event and Data4 will undertake all commercially reasonable efforts to cure the misuse.
All authorized users shall keep their information details are accurate and up-to-date. Accordingly, Managers shall without undue delay deactivate accounts of personnel ( as well as third-party contractors) not being any more working in its own organization.
Users shall comply with these T&Cs, the content Guidelines as well as all applicable laws and regulations in relation to accessing and using the Marketplace. In the event of any infringing and unauthorized use of the Marketplace or breach of the Agreement, Data4 reserves the right toissue a warning, temporarily suspendor withdraw the access and/or deactivate the account in Data4’s sole discretion.
Users acknowledge that the Marketplace is only a virtual venue, and no business transaction can be entered into via the Marketplace. For the sake of clarity, no agreement can be entered between the parties via the Marketplace and a separate purchase contract shall be set out.
Users cannot use the Marketplace or any material, including but not limited to messages exchanged between users via the Marketplace, to evidence any agreement with other users or third parties.
Users are not allowed to use the Marketplace for purposes other than those referred to in these T&Cs.
Users shall retain to any behavior that likely might affect or be in breach of applicable anti-trust or competition laws.
2. Intellectual and industrial property
Intellectual property rights relating toall materials, code, look, layout,illustrations , graphics that appears on the Marketplace and edited by Data, is protected by copyright belong exclusively to Data4 and database rights. Reproduction of the Marketplace, in whole or in part, including the copying of text, graphics or designs, is prohibited.
Data4 does not guarantee the accuracy of the data contained in the documents downloadable from the Marketplace and, as such, the Client and the user undertake to defend and hold harmless Data4 against any claims or actions brought against him as a result of information accessible and downloadable via the Marketplace.
By submitting through the Marketplace any content of any type, including text or images, logos and other trademarks, proprietary company names, the user undertakes that he/she has the legal rights, including intellectual property rights to do so.Users shall be fully responsible for any liability arising for any uploading or publishing any content onto the Marketplace.The Customers also defend and hold harmless Data4 against any recourse or claim that may emanate from authors and others having rights and, in general, from any person who would have participated in the realisation or who could claim any right on any of the elements submitted to the Marketplace by the user to Data4.
To the extent applicable and permitted by law, by submitting content- including text, descriptions, logos, trademark, images and any other content- to the Marketplace, the user, although retaining all their ownership rights in the content, grants Data4 and its affiliates and affiliated companies, for the duration of the legal protection of rights in the content, and progressively for the duration of their publication on the Marketplace pursuant to this agreement, a non-exclusive, worldwide license of using their intellectual property rights, including but not limited to copyright and trademark rights, in the content for the Authorised Purposes as defined and set forth below.
For the purpose of this Section of the T&Cs the rghts granted consist of a non-exclusive, royalty-free, transferable, irrevocable license for the duration of their publication of content on the Marketplace or other media pursuant to this agreement, to reproduce, distribute, publish, publicly display and perform the content worldwide. For the purpose of these T&Cs “Authorized Purposes” consist of reproducing, translating, distributing, publishing, publicly displaying, and performing the content on the Marketplace, , and in the marketing materials of Data4 and their affiliates and affiliated companies for the purposes of listing, promoting, and marketing the offers and the Marketplace themselves.
3. Communication tool
Communications between users using the Marketplace must comply with Content Guidelines. Users are solely responsible for the content of their communications between each other
Users are responsible for ensuring that their communications, and content posted, through or in connection with the Marketplace do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything libellous, slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines.
Please be aware that any communication on the Marketplace is available for viewing by designated Data4 employees and representatives in order to comply with its obligations due to its web hosting status, to ensure proper use of the Marketplace, to identify potential frauds, and to ensure compliance with the T&Cs. Data4 may review any data on the Marketplace or systems and delete it or alter it when it is no longer accurate or up to date. Without prejudice to any other available remedies, Data4 shall be entitled immediately to remove from the Marketplace any communications or content that infringes these requirements, and to suspend or prevent the usage of any related account. The user will be promptly notified of the reasons why those measures have been taken and users may challenge the decision to remove any content by contacting Data4.
4. Personal data collected via the Marketplace
The personal data collected as part of the Services offered on the Marketplace are processed on secure protocols and allow Data4 to manage the applications received in accordance with the EU General Regulation on Data Protection (RGPD) and the Informatique et Libertés Law n° 78-17 6th January 1978.
For example, Data4 may ask you to provide your contact details, including your full name and your e-mail address, in order to allow certain functions of the Marketplace such as in particular the creation of Managers profiles and the management of requests for information such as the physical access to customer hosting space. Pursuant to the data minimisation principle, the collection of personal data by Data4 is limited to what is strictly necessary to perform the Services. Personal data will be kept for the duration of the Agreement.
All personal data provided by users are processed exclusively by the data controller, Data4, and its service providers to the extent necessary to the performance of the Services rendered under the Agreement.
Personal data collected through the Marketplace is not transferred to third parties without the consent of the data subject to which data is referred to.
Pursuant to the terms of the Informatique et Libertés Law n° 78-17, 6th January 1978, you may exercise your rights of access, rectification, limitation, opposition, erasure, portability and definition of the fate of postmortem data (the latter applies exclusively to France).
You can exercise all of these rights by reaching out to:
DATA 4 SAS Services
6 , Rue de la Trémoille 75008 Paris, France
or by sending an email to privacy@data4group.com
In accordance with the applicable legislation, you have the legal right to lodge any complaint with the competent data protection supervisory authority on the Marketplace www.cnil.fr.
For more information on this collection of personal data and on your rights, please read our Privacy Policy.
4.2 Technical and security measures
We take reasonable steps to protect the information we collect via the Marketplace. Appropriate physical, technical, and organizational measures are implemented to prevent, to the extent possible, any unauthorized browsing of data or unlawful access of hyperlinks when queries are processed.
Furthermore, any modification or evolution of the application code goes through an internal testing phase in order to ensure the data partition.
5. Marketplace Maintenance
Data4 reserves the right to occasionally limit or temporary suspend the Marketplace service to perform maintenance work, implement a new feature or a new service. Nevertheless, Data4 will prior notify users of such interruption onto the account or homepage of the Marketplace.
Users release and hold harmless Data4 from any claims of (i)business losses (including loss of profit, expenses, damages, liability and costs, of any kind incurred or in connection with), or (ii) any indirect loss or damage arising out of or relating to any suspension of the Marketplace.
6 . Waiver - Liability
Without prejudice to its web hosting status in relation to the Marketplace, Data4 is not accountable or liable for any published content by you or on your behalf or by any other users that may appear on the Marketplace.
Data 4 shall not be responsible or liable for any inaccuracies in the information processed by or through the Marketplace nor shall it have any liability for any act or failure to act except as expressly set forth herein, except gross negligence or wilful misconduct. All warranties express or implied, including without limitation, any warranty of fitness for a particular purpose, merchantability, good and workmanlike product or service that are offered and marketed via the Marketplace or otherwise, are disclaimed and waived.
7. Modification of the General Conditions of Use of the Marketplace
Data4 may revise these T&Cs from time to time for reasons such as technical developments, new, amended or discontinued products or features, to comply with regulatory requirements, or due to a change in applicable laws. Please visit this page periodically to view the most current version of the T&Cs because they are binding on you.
In the event of modifications affecting the essential obligations in relation to the Marketplace, the customer will be informed of such changes to the T&Cs by e-mail to the address provided by the user by a notification displayed on the Marketplace.
8. Termination
Users may at any time terminate its access to the Marketplace by sending an email addressed to the Customer Support of Data4.
Upon term or termination of the Service Agreement, Data4 shall terminate access to the Marketplace. Should the customer or an user infringe these T&Cs or the Service Agreement, Data4 may deactivate the account and may withdraw the access to the Marketplace for all or part of the service, without delay and without compensation.
9. Applicable law - Jurisdiction
These T&Cs are governed by the laws of France.
In the event of disputes relating in particular to the validity, interpretation and execution of these T&Cs, the parties will attempt to find an amicable solution. In the absence of an amicable settlement within thirty (30) calendar days from the notification of the requesting party to the other party, the dispute will fall under the exclusive jurisdiction of the courts of Paris (France) competent according to the nature of the dispute, including in matters of summary proceedings and other emergency measures.