WSM Eikon - Terms of Use

By using WSM Eikon by WholeSoft Market (the “Solution”), you (the “User”) acknowledge understanding and accepting without reservations the present Terms of Use.

In compliance with these Terms of Use, you undertake to use the Solution for business purposes.

You are informed that your consent to these Terms of Use does not require your handwritten signature of this document: the final click to validate these Terms of Use implies the conclusion of an agreement.

1. Description of the Solution

The Solution the use of which is governed by these Terms of Use is provided by WholeSoft Market, a société par actions simplifiée [a French simplified joint-stock company], whose registered office is located at 63 Boulevard de Rochechouart, 75009 PARIS (France), registered in the Paris Business and Companies Registry under number 883 913 550 (hereinafter, referred to as “WholeSoft Market”).

What is WSM Eikon?

The Solution is a network analysis and optimization platform, dedicated to offering a service to actively enrich networks of contacts with meaningful connections that will facilitate the achievement of business and personal objectives of Users.

The Solution is divided into two modules: Eikon free and Eikon Premium.

What are WSM Eikon’s objectives?

In its free version, the Solution enables you to analyze your own network of connections through unique business-oriented lenses and put the focus on getting more insight on your more meaningful connections.

In its premium (paid) version, the Solution will enable the User to analyze his/her own extended network, with the objective to enrich it in an intelligent way.

Trust & Reciprocity

Trust and Reciprocity are at the heart of the Solution. It is only to the people the User trusts the most, that he/she wants to give visibility to his/her network. For reciprocity purposes, the User will see the same level of details regarding these people’s own connections. The same principle applies if it is an existing User of the Solution who invites the User to Eikon Free, and the User accepts the invitation. They’ll see each other’s selective network should they both join Eikon Premium.

Ability to block visibility on some of your connections

The User will have the possibility to block visibility of others on connections from his/her network, so that no one will see those connections. For reciprocity reasons, the User won’t be able to see those connections’ network in Eikon Premium, and those connections won’t be able to see the User’s network either in Eikon Premium.

Referral

As part of enriching your network in Eikon Premium, the User may want to request a referral from one of his/her existing connections. If it is accepted, the User agrees to provide the same visibility to the newly referred person as if that person was connected to the User in Eikon Premium, with reciprocal visibility. No one else will see that specific connection.

Eikon for enterprise

Eikon Premium is also offered to enterprises: ie – Multiple individuals from the same organization.

If a registered individual leaves his/her Company, it is either the Company that needs to send WholeSoft Market a notice to either cancel or reassign the corresponding seat, or to the individual User to indicate that he/she’s left his/her previous Company and possibly joined a new one. In all cases, if the User wants to keep a continuous Eikon Premium service outside his/her previous Company, the User will need to be reassigned within a month of the received notice, to a new WSM Eikon account.

2. Terms & Termination

The agreement between the parties come into force upon the acceptance of these Terms of Use by the User.

Using the Solution implies acceptance without reservation by the User of these Terms of Use, as they may be updated from time to time by WholeSoft Market. WholeSoft Market will notify the User of any update in writing. If the User does not accept the updated Terms of Use, the agreement will be terminated (immediately for Eikon Free, at the end of the current subscription term for Eikon Premium).

The agreement between the parties shall remain in effect:

with regard to Eikon Premium,
- in the case of an annual subscription: for a term expiring one year after the initial subscription date; after this initial term, the agreement shall automatically renew for subsequent one-year terms, except if terminated by a party at least one (1) day prior to the renewal date. The User will be notified of the imminent renewal date.
- In the case of a quarterly subscription: for a term expiring 3 months after the initial subscription date; after this initial term, the agreement shall automatically renew for subsequent 3-month terms, except if terminated by a party at least one (1) day prior to the renewal date. The User will be notified of the imminent renewal date.
- In the case of a monthly subscription: for a term expiring 1 month after the initial subscription date; after this initial term, the agreement shall automatically renew for subsequent 1-month terms, except if terminated by a party at least one (1) day prior to the renewal date. The User will be notified of his imminent renewal date.
with regard to Eikon Free, for an unlimited term; in this case, each party has the right to terminate this agreement, by providing, at any time, notification of this termination to the other party in writing with an advanced-notice period of one (1) month.

Notwithstanding the foregoing, any deletion of the User account carried out by WholeSoft Market upon request of the User leads to an automatic and immediate termination of this agreement.

Either Party may terminate the agreement if the other fails to cure a default within thirty (30) days of written notice. Notwithstanding the above, WholeSoft Market may immediately terminate the agreement upon a default for a violation of WholeSoft Market’s intellectual property rights. Failure to pay any outstanding amount shall cause all unpaid fees, and fees which would have become due under this agreement, to become immediately due and payable. Any terms of this agreement which by their nature extend beyond its termination shall remain in effect.

Every commenced period of subscription is due for the remaining number of days. If the User terminates a paid-in-advance subscription, there will be no reimbursement of advance payments.

After termination of the Eikon Premium service, the User will still have free access to Eikon Free, but will lose the history of his/her recommendations’ management on Eikon Premium. The termination may impact the reciprocal visibility the User’s invited connections previously had on the User’s network in Eikon Premium. The User’s connections may see their own extended network cut up from the User’s piece.

After termination of Eikon Free, User’s data will then be permanently erased from the WholeSoft Market database.

3. 14-day Withdrawal Right

WholeSoft Market allows any User to get acquainted with the functionalities of the Solution for a 14-day period, whichever the subscription term, during which the User has the right to withdraw. The User can terminate the agreement at any time within this period, at no charge. The User can go to “Manage Subscriptions” under his “Profile” section in the Eikon Application, to cancel his current plan within the authorized withdrawal period.

The User hereby acknowledges that he/she has been able to freely verify, under his/her responsibility, that the current functionality and technical conditions of the Solution fulfil his/her needs and requirements and is compatible with his/her computer environment.

No claim or request for reimbursement may be made by the User on the grounds that any of these elements are not satisfactory or pose any problem whatsoever.

4. Limits of Use

Any use or reproduction even partially of the Solution, outside of the cases expressly authorized and the restrictions imposed by these Terms of Use, is strictly prohibited and constitutes counterfeiting punishable by civil and penal prosecution.

The rights under this agreement are not assignable and not transferable.

This agreement does not include the assignment or transfer to the User of any intellectual property right in or to the Solution, other than the nonexclusive right to use the Solution under the conditions and limitations defined in this agreement, which the User undertakes to respect.

5. Fees & Payment

User shall pay to WholeSoft Market the amounts set forth in any invoice resulting from this agreement upon receipt of the invoice. Except as otherwise specified herein, (i) fees are based on services purchased and not actual usage, therefore the User is not entitled to claim a reimbursement, price reduction or extension of term beyond the end of the subscription period in the event of non-usage of the Solution, (ii) payment obligations are non-cancellable and fees paid are non-refundable. The User subscription fees are based on periods that begin on the subscription start date and each period’s anniversary thereof.

Fees will be invoiced in advance. Fees are immediately due and payable at the invoice date. The User is responsible for providing complete and accurate billing and contact information to WholeSoft Market and notifying WholeSoft Market of any changes to such information. Payment shall be made online at the time of ordering, through Stripe.com system, by bank card. At no time does WholeSoft Market have access to the User’s payment method data.

Unless otherwise stated, WholeSoft Market’s fees are exclusive of all applicable taxes, levies or duties imposed by taxing authorities, including without limitation value-added and withholding taxes, and User shall be responsible for payment of all such taxes, levies or duties, excluding only taxes based on WholeSoft Market’s income.

WholeSoft Market may impose a late payment charge equal to three times the legal interest rate in France. In the event of late payment, WholeSoft Market reserves the right to request payment of late payment interest at a rate equal to three (3) times the legal interest rate to be made no later than eight (8) days after a formal notice sent by registered letter with acknowledgement of receipt which has remained without effect, as well as a lump sum indemnity of 40 euros for recovery costs (provided for by article D. 441-5 of the Commercial Code), in addition to the payment of the sums already due.

WholeSoft Market reserves the right to change the fee, effective as of the following period of renewal. WholeSoft Market shall notify the User of any fee change in the invoice for the given renewal period. In the event of a price increase, the User is entitled to submit to WholeSoft Market within one month of the date of invoice a written declaration of withdrawal from the agreement with retroactive effect from the date of the renewal.

6. Obligations of the Parties

6.1 Obligations of the Parties

The Solution is provided by WholeSoft Market as a digital platform, called WSM Eikon. WholeSoft Market will make its best efforts to provide the services covered by this agreement.

WholeSoft Market undertakes to respect the confidentiality of the personal data communicated by the User for the performance of the agreement.

Access to the Solution is provided without service level agreement or obligations. WholeSoft Market will make its best efforts to render the Solution accessible as well as in compliance with specifications and to correct any anomaly in the service as soon as practicable.

WholeSoft Market undertakes to have the Solution and the database hosted by Amazon Web Services, as a subcontractor, and to ensure its security.

WholeSoft Market is expressly allowed to use any subcontractor of its choice to develop, support and maintain the Solution. WholeSoft Market warrants that any subcontractor chosen in relation to the User’s service will adhere to Section 9 “Confidentiality” and to WholeSoft Market’s data privacy policy.

6.2 Obligations of the User

The User undertakes to pay all due sums to WholeSoft Market under the conditions set out in Section 5.

The User shall comply with the Solution’s rules of use, such as described in these Terms of Use Conditions, and as they appear in the documentation for the Solution available on WholeSoft Market’s website : https://www.wholesoftmarket.com/eikon.

The User specifically undertakes to not use the Solution under conditions that may infringe on the rights of third parties, specifically their intellectual property rights or their right related to respect for private life.

The User, while using the Solution, undertakes to respect the applicable laws and regulations in force based on the User’s registered office location and the location where the Solution is used.

The User is solely responsible for any damage that his/her data or himself may cause to WholeSoft Market, to a third party or to the Solution and guarantees WholeSoft Market against any action that may be exercised against it by a third party due to his/her data.

7. Intellectual Property Rights

The User acknowledges and accepts that the Solution is the exclusive property of WholeSoft Market and is protected by the French Intellectual Property Code.

Under these Terms of Use, and subject to the full payment in advance of the subscription fees, the User only acquires the nonexclusive and non-transferrable right to use the Solution, for the term of this agreement.

No other intellectual property right covering the Solution are transferred or assigned to the User.

The User will acquire no right of any kind over the names, logos or trademarks of WholeSoft Market, or WSM Eikon, or over the names with which the Solution have been or is distributed. The User is prohibited from using these names without the express written agreement of WholeSoft Market.

8. Liability

The User is personally responsible for the use of the Solution and for the use and processing of his/her data. WholeSoft Market’s liability is limited to the hosting, securing and backup of the data. Consequently, WholeSoft Market is not liable for the data and in particular is not responsible for the harmful consequences of any loss of data, errors in the data or in the results of the processing.

WholeSoft Market shall not be liable for any indirect or consequential loss, damage or expense of any kind whatsoever arising out of or in connection with the Solution and this agreement whether sustained by the User or any other person.

The right to use the Solution, granted by WholeSoft Market, holder of the title and full ownership rights of the Solution, does not include any guarantee.

Specifically, WholeSoft Market does not guarantee the conformity or suitability of the Solution to the User’s needs, or its compatibility with any material or any application, software or operating system whatsoever.

Furthermore, WholeSoft Market does not guarantee that the Solution will function uninterrupted or that it is free from anomalies or viruses.

The User acknowledges that he/she uses the Solution under his/her own responsibility, and that it is his/her responsibility to protect his/her data.

Consequently, under the limits authorized by the law, WholeSoft Market will in no way be held liable in the event of damage, of any nature whatsoever, caused directly or indirectly by using the Solution or for it being unusable.

Nevertheless, should WholeSoft Market’s liability be claimed for any reason whatsoever, the entire compensation for which it is responsible, all damages taken together and no matter the basis for the User’s claims, in no way will it exceed the total amounts effectively paid by the User under this agreement during the 12 months preceding the facts at the origin of the liability.

9. Confidentiality

The User acknowledges being informed that all the information and data distributed through the Solution and its documentation is confidential, or may relate to business secrets as defined by Article L. 151-1 of the French Commercial Code. This information and data may also contain personal data.

Consequently, the User, during the entire term of the agreement and for a term of five (5) years from the time it is terminated or comes to an end, undertakes that this information and data are protected and kept strictly confidential and are treated with the same degree of caution as reasonably required.

It is specified that the term limit established in this clause does not apply to information and data related to business secrets, as defined by Article L.151-1 of the French Commercial Code.

10. Personal Data

As a prerequisite to providing Users with insightful views, the Solution collects, directly from the User, additional information regarding the User’s connections. That raw information is for the eyes of the User only and won’t be shown to or shared with anyone else, until the User indicates who to share it with. Eikon Free is specifically designed to providing the User only, at first, with insight onto those details.

The User hereby authorizes WholeSoft Market to collect its personal data from several sources, either publicly available or personally detained. The User represents and warrants that he/she owns all right, title and interest in and to such data and that the collection by Wholesoft Market of such data does not infringe any intellectual property rights under any patent, copyright or trademark or other intellectual property right anywhere in the world. Consequently, the User will hold Wholesoft Market harmless for any third-party claims related to processing personal data in the framework of using the Solution.

In Eikon Premium, the User will show a reduced level of details only to, either User’s connections that he/she has invited to Eikon Free, or connections who are already members of Eikon Premium and who have accepted reciprocity with the User, with respect to visibility onto each other’s contacts.

The User’s data is not exploited for or communicated to third parties.

10.1 Personal data managed by WholeSoft Market in the capacity of data controller

Personal data processed by WholeSoft Market, in its capacity as a data controller, is subject to processing carried out in compliance with the regulations in force, specifically the provisions of EU Regulation 2016/679 of the European Parliament and the Council of 27 April 2016 related to the protection of natural persons in terms of processing personal data and the free circulation of this data (GDPR) and Law no. 78-17 of 6 January 1978 related to information technology, files and freedoms, as amended by the Law no. 2018-493 of 20 June 2018, and in compliance with WholeSoft Market’s privacy policy.

This processing is carried out according to the terms described on the page https://www.wholesoftmarket.com/privacy-policy , that the User acknowledges having viewed, and acknowledges accepting the terms without reservation.

Users have a right to access, rectify and erase their data, a right of portability, a right to restrict data processing and a right to object to data processing, related to their personal data.

These rights may be exercised after the death of the data subject by any person they have designated or by their heirs under the conditions described in Article 40-1 of the French law no. 78-17 of January 6, 1978 relating to information technology, files and freedoms.

Any request for information by Users related to the processing of their personal data, or any request related to exercising their rights over their personal data must be addressed to WholeSoft Market’s Data Protection Officer:

either by letter:

WholeSoft Market

Data Protection Officer

63 Boulevard de Rochechouart,

75009 PARIS

FRANCE

or by e-mail: contact@wholesoftmarket.com

Any request for information by Users related to exercising a right over their personal data must contain their first and last name, email address and postal address, and include a copy of a valid form of the User's identity.

The User has the right to file a claim related to the processing of their personal data with the French National Commission for Data Protection and Liberties, CNIL (Commission Nationale de l’Informatique et des Libertés), 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 - www.cnil.fr.

10.2 Personal data processed by WholeSoft Market, in the capacity of processor, on behalf of the User

In the context of providing the Solution, WholeSoft Market hosts the data of its Users on its servers.

In regard to personal data, processing this data is carried out by WholeSoft Market, in the capacity of “processor” as defined by the personal data protection regulation for data processing, on behalf and on the instructions of the User.

The rights and obligations of the parties related to this processing relate to the following provisions.

The User states that he/she is informed, for data processing, that he/she has the capacity of “data controller” as defined by the personal data protection regulation.

The User specifically states being aware that personal data can only be collected or processed in compliance with the personal data protection regulation, specifically the provisions of the above-mentioned French Law no. 78-17 and EU Regulation 2016/679.

Consequently, it is the User’s responsibility to inform data subjects of the processing of their data and ensure, under his/her own responsibility, that there is a legal basis for processing the data, and that the data subjects have given their consent, where appropriate, to the collection and processing of their data and its transfer to third parties. It the User’s responsibility to inform data subjects of their rights concerning their data and how to exercise such rights.

Consequently, the User will hold WholeSoft Market harmless for any third-party claims related to processing personal data in the framework of using the Solution.

The information related to the processing of personal data, carried out by WholeSoft Market in the capacity of “processor” as defined by the personal data protection regulation, on behalf and on the instructions of the User are described hereinbelow:

Managing the Users of the Solution
- purpose of the processing: Manage User’s access to and use of the Solution.
- duration of the processing: duration of the agreement.
- nature of the processing: automatic processing consisting of the management of Users' access to the Solution and use of the Solution
- type of personal data: identification data, browsing activity
- categories of data subjects: WholeSoft Market Solution’s Users and Users’ social networks contacts
Managing User-generated content
- purpose of the processing: discover, analyze, nurture User’s network of contacts
- duration of the processing: duration of the agreement
- nature of the processing: computer processing consisting of the hosting and management of content generated by customers while using the Solution
- type of personal data: identification data, professional skills, career information, user’s contacts.
- categories of data subjects: WholeSoft Market Solution’s Users and Users’ contacts

The User states that the above-mentioned processing is in compliance with the purposes and methods for processing that he/she has determined in the capacity of “data controller” as defined by the above-mentioned regulation.

WholeSoft Market undertakes to respect the confidentiality of personal data processed in the context of this agreement.

Furthermore, in its capacity as “processor,” WholeSoft Market undertakes:

in the context of this agreement, to only process personal data upon the documented instructions of the User, as data controller, including the transfer of personal data to a third-party country or an international organization, unless WholeSoft Market is required to do so under European Union or French law; in this case, WholeSoft Market will inform the User of this legal obligation before data processing, unless the law in question prohibits such information on the important grounds related to public interests;
to ensure that the individuals authorized to process personal data in the framework of the agreement undertake to respect the confidentiality or are subject to the appropriate legal obligations of confidentiality;
to take all the measures required under Article 32 of Regulation (EU) 2016/679, in particular:

to implement the appropriate technical and organizational measures to ensure a level of security appropriate to the risk;

In this regard, WholeSoft Market states that it will make its best efforts to comply with good practices in terms of computer security.

to take all appropriate measures to guarantee that any natural person acting under its authority, who has access to personal data, does not process it, except on the instructions of the User, unless required to do so under French or European Union law;

in the event of using one or several subcontractors:

to not hire subcontractors without the express written authorization, specific or general, of the User. In the case of a general written authorization, WholeSoft Market will inform the User of any changes regarding the addition or replacement of subcontractors, thus providing the User the possibility of objecting to these changes;
when subcontractors are hired by WholeSoft Market, to carry out specific processing activities on behalf of the User, to impose upon this subcontractor the same obligations in terms of the protection of data as those stipulated in this Section, specifically, to provide sufficient guarantees related to implementing the appropriate technical and organizational measures so that data processing is in compliance with the requirements of the personal data protection regulation;

insofar as possible, to help the User to fulfill his/her obligation to respond to data subjects’ requests to exercise their rights (the right of access, rectification, erasure and opposition, the right to restrict processing, the right to data portability, the right not to be the subject of automated individual decision-making, including profiling. In the event that a person subject to personal data processing directly contacts WholeSoft Market to exercise their rights, WholeSoft Market will provide this request to the User, upon receipt, by email or to the contact address used for creating its User Account;
to help the User to guarantee compliance with the personal data protection regulation, and specifically the obligations established in Articles 32 to 36 of EU Regulation 2016/679, given the nature of the processing and information available to WholeSoft Market, specifically to help the User, if necessary and upon request, to ensure compliance with the obligations arising from carrying out impact assessments related to the protection of data and the prior consultation of the Commission Nationale de l’Informatique et des Libertés (CNIL);
based on the User’s choice, to delete all personal data at the agreement’s termination, or to ask them to destroy existing copies, unless French or European Union law requires that personal data be kept;
to make available to the User all the information necessary to demonstrate compliance with the obligations established in this Section. As such, WholeSoft Market will immediately inform the User if the latter’s instructions, according to it, constitute a violation of the regulations on the protection of personal data.

In the event that WholeSoft Market were to become aware of a data breach in the context of the agreement, WholeSoft Market would notify the User of the data breach as soon as possible and provide the User with any information they may need to comply with their own obligations.

11. Claims

Any claim related to the use of the Solution or, generally, the performance of this agreement must be addressed to WholeSoft Market, by email at contact@wholesoftmarket.com or by mail to the following address: WholeSoft Market, 63 Boulevard de Rochechouart, Paris 75009, France.

12. Applicable Law

This agreement is subject to French law.

THE COURTS OF PARIS, FRANCE, SHALL HAVE EXCLUSIVE JURISDICTION TO ADJUDICATE ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT.

I Eikon