Conditions applied on 07/03/2025. Published on 07/03/2025.
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply between WAYNIUMsociété par actions simplifiée, capital: 100,000 euros, RCS Paris: 451320253, registered office: 29 rue Tronchet 75008 Paris, France, intra-community VAT: FR45451320253, telephone: +33810001050, e-mail: info@waynium.comand any independent driver contracting with WAYNIUM to benefit from the Services, hereinafter referred to as "Drivers". the User "together referred to as " the Parties".
"Â Subscription"temporary right of access to the Services.
"Anomaly" Malfunction: refers to any malfunction of the Services that is not the result of an error on the part of the User.
"Â Devices Mobile devices": mobile devices such as tablets and smartphones on which the Application can be downloaded for use by the User.
"Â Application Software": software published by WAYNIUM accessible on the Site or on Devices.
" User "Any independent driver accessing the Services via a Subscription.
" Contents "elements of any kind published on the Application or the Site by Waynium, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"Incident" any malfunction of the Services resulting from a handling error by the User.
"Â Licence Agreement": stipulation governing the provision of the Application to the User.
"Services" services accessible via the Application.
"Â Website"website accessible at URL https://way-partner.com/ as well as any related sub-sites, mirror sites, portals and URL variations.
"Way-Corp" The collaborative platform of the Services, which enables Users to make and receive proposals for collaboration.
"Â WAYNIUM WAYNIUM SAS": WAYNIUM SAS in its capacity as publisher of the Application.
The purpose of these general conditions is to define the conditions under which WAYNIUM makes the Services available to the User.Â
The Services provide self-employed passenger transport drivers with functionalities enabling them to manage their business and create networks with other drivers in order to offer them or receive assignments from them.
Use of the Services implies registration, the creation of a personal space and acceptance by the User of these General Terms and Conditions. When registering for the Services, acceptance of these General Terms and Conditions will be demonstrated by ticking the box corresponding to the following sentence "I acknowledge having read and accepted the Way-Partner general terms and conditions. ". By the same token, the User acknowledges that he/she is fully aware of them and accepts them without restriction. The fact of ticking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the User. The User acknowledges the evidential value of WAYNIUM's automatic recording systems and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute.
These General Terms and Conditions apply to the relationship between the Parties to the exclusion of all other terms and conditions, in particular those of the User.
Acceptance of these Terms and Conditions implies that the User is of legal age and has the legal capacity necessary to enter into a commitment hereunder.
Connecting to the Site and downloading the Application is free of charge. However, use of the Services requires compliance with the prerequisites and rules set out below, as well as subscription.
Registration for the Services requires the following prerequisites:
Before using any of the Services, the User is invited to check that his/her hardware and computer configuration are compatible with the Services. Communication costs are borne by the User.
Creating a personal space is a prerequisite for using the Services covered by these General Terms and Conditions. To this end, the User will be asked to provide a certain amount of personal information.
When creating his WAY-Partner account in the Services, the User follows the procedure described below:
The User undertakes to check that the information concerning him/her is accurate and complete and to update it regularly. The User may modify the information concerning him/her directly in the Services in the "My Account" section.
For each access to the WAY-Partner account, the User indicates his/her telephone number and the authentication code received by SMS, the validity of which is limited to a single connection by the User.
The User will then be asked to choose a password. This password guarantees the confidentiality of the information contained in the personal area. The User is therefore prohibited from transmitting or communicating it to a third party. Failing this, WAYNIUM cannot be held responsible for unauthorised access to a User's personal space.
The User also undertakes to regularly check the data concerning him or her and to make any necessary updates and changes online, from his or her personal space.
The Way-Partner unique identifier is nominative and specific to each User. The use of the same unique identifier by several people is strictly prohibited.
The personal area enables the User to access the Services. Pages relating to personal areas may be freely printed by the account holder in question, but do not constitute evidence admissible in any court of law. They are for information purposes only and are intended to ensure proper use of the Services.
WAYNIUM undertakes to keep securely all contractual elements whose retention is required by law or regulation in force.
In case of suspected fraudulent use of the Services by the User or in case of breach by the User of any of the provisions hereof, and in particular where the User provides inaccurate, incomplete, misleading or fraudulent information, WAYNIUM reserves the right to suspend the User's access to all or part of the Services until the cause of the suspension has disappeared.
In the same cases and when the personal space of a User has remained inactive for at least one (1) year, WAYNIUM reserves the right to delete the User's account.
Where appropriate, WAYNIUM informs the User of the suspension or closure of account. These measures of suspension or deletion of the account of the User will not be likely to constitute a fault of WAYNIUM or any damage for the User thus excluded, which will not be able to claim any compensation for this fact.
These measures of exclusion, whether temporary or permanent, are without prejudice to the possibility for WAYNIUM to take legal action against the User, when the facts justify it.
In the event of suspension of the account, access to the Services and the User's data will be rendered impossible for the User until the account is re-established by WAYNIUM.
If the account is closed, access to the Services and the User's data will be definitively rendered impossible for the User. Closure of the account automatically entails termination of the Subscription.
In all cases, the User remains responsible for any use of the Services prior to the suspension or closure of his/her account.
WAYNIUM offers Users a promotional trial of the Services for a period of thirty (30) days. The period is calculated in clear days following the date of the User's subscription to the promotional offer. This promotional offer is available to all Users, regardless of whether or not they have a Subscription. Once the promotional offer period has expired, access to the Services is revoked.
WAYNIUM will send an e-mail to the User at the earliest fifteen (15) days before the end of the promotional offer to inform him of the forthcoming revocation of his access to the Services and allow him, where appropriate, to request a copy of the data concerning him.
WAYNIUM may occasionally offer promotional codes, discounts, special promotional subscriptions or any other type of discount. Eligibility for offers is determined at WAYNIUM's sole discretion. The eligibility criteria and other restrictions and conditions relating to these occasional promotional offers will be disclosed by WAYNIUM when the User subscribes to the offer or in other communications made available to the User.
Where applicable, if the User subscribes to a Subscription using a one-off promotional offer such as a promotional code or discount, the Subscription will be renewed automatically at the public rate applicable to the period during which the User benefited from a reduced rate and detailed in the "Discover offers" section accessible on the Site, unless another promotional offer is applicable or this rate is modified under the conditions previously defined.
At the end of the promotional offer period, the User must take out a Subscription with WAYNIUM in order to benefit from the Services. The User may take out a Subscription using the form provided for this purpose on the Site. WAYNIUM offers several subscription packages. Details of the Services offered for each package as well as the price and duration of the Subscription are specified on the Site, on the dedicated page.
When subscribing to a Subscription, the User must enter his/her billing details. The User will then be able to check the Subscription chosen, as well as its price, if any, and its duration. If they are happy with their order, they can confirm it by clicking on the button provided for this purpose on the Site.
Once the order has been validated, the User will be invited to make the payment by being redirected to the secure payment interface marked " Order with payment obligation "or any similar formula.
Once payment has been received by WAYNIUM, WAYNIUM undertakes to acknowledge receipt to the User electronically, within a maximum period of twenty-four (24) hours. Within the same period, WAYNIUM undertakes to send the User an electronic mail summarizing the order and confirming its processing, including all related information.
The Subscription is concluded for a fixed period. It takes effect for a period of one (1) year from the first receipt by WAYNIUM of the corresponding payment made by the User. Access to the Services will be open to the User at the same time.
The Subscription will be automatically renewed by tacit agreement on each anniversary date of the Subscription, unless the User cancels it by registered letter with acknowledgement of receipt or by e-mail at least fifteen (15) days before the anniversary date.
WAYNIUM will send the User a dedicated e-mail, at the earliest three (3) months and at the latest one (1) month before the end of the initial period.
When the User has taken out a subscription via the website, he may cancel his subscription at any time by going to his "my account" area and following the instructions. In this case, the amounts already paid by the User for the current subscription will not be refunded and the User will continue to have access to the functionalities until the end of the billing period. The User account will be automatically closed at the end of the current billing period. Where the User has taken out a subscription via the mobile applications, he may cancel the renewal of his subscription at any time with Apple and Google before the end of the applicable billing period. The cancellation will take effect for the next billing period and the User will not receive a refund for the current billing period.
In the event of suspicion of fraudulent use of the User account or in the event of serious or repeated failure by the User to comply with these terms and conditions, WAYNIUM reserves the right, without any compensation or prior notice :
The User acknowledges that WAYNIUM may not be held liable against the User or third parties for the consequences of the closure or suspension of the User account. In these cases, WAYNIUM informs the User of the suspension or closure of the User account.
The applicable prices are those displayed on the Site on the day the Subscription is taken out. The prices shown on the Site are in euros, exclusive of tax.
These prices may be changed at any time by WAYNIUM. The User is informed of changes in the prices of Services and associated services by e-mail, two (2) months before the new prices come into force. These new rates will only apply to new subscriptions and renewals made after the new rates come into force. If the User refuses the change in the price of his/her subscription, he/she may cancel his/her subscription in the month prior to the end of said subscription in order to avoid renewal at the new price in the "My Account" section of the Services.
The User may pay by credit card.
For credit card payments, WAYNIUM does not have access to any data relating to the User's means of payment. Payment is made directly to the bank.
The subscription will be invoiced when the fixed-term subscription is taken out and then at each renewal, until the User cancels the subscription. WAYNIUM will send or make available to the User an invoice electronically after each payment. When the User subscribes to subscriptions via the iOS and Android applications, Apple and Google will invoice the payment method selected by the User. The User expressly agrees to receive invoices electronically.
Agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any sum not paid by the due date will give rise, ipso jure and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to three (3) times the legal interest rate, without this penalty affecting the due date of the principal sums owed.
In addition, any delay in payment will result in the invoicing to the defaulting User of collection costs in the amount of forty (40) euros and the immediate payment of all sums remaining due, whatever the agreed deadlines, increased by an indemnity of twenty percent (20 %) of the amount by way of penalty clause.
In any event, any delay in payment will result in the possibility of unilaterally terminating the contract at the User's expense.
This clause is in line with the provisions of article 1231-5 of the French Civil Code, which allows the judge to reduce the compensation if the judge considers it to be excessive.
WAYNIUM undertakes to provide the User with the Services as defined at the time of subscription. The User has no right to maintain the Services. Consequently, the Services offered may be reduced, modified or supplemented by WAYNIUM unilaterally and without notice.
WAYNIUM offers the User the following Services
The Services made available to the User enable them to manage their business and in particular :
The Services made available to the User allow, in particular, the creation of networks of independent drivers. To this end, the User must communicate to WAYNIUM's partner transport companies his unique Way-Partner identification code. The User may then receive offers of missions from WAYNIUM Partners.
The User may :
The assignment proposals are displayed within the Services in the User's "Business Basket" and the User receives a notification if he/she has accepted the notifications.
Within the Services, the User may directly :
The client may cancel the assignment at any time.
The Services made available to Users also enable them to send job proposals to other Users according to various criteria selected by the principal, such as :
When using the Services, the User may receive push messages or notifications, in particular in the following cases:
The User may refuse to receive these messages and notifications at any time by modifying the appropriate settings on the Services or his Devices. He will then no longer receive messages and notifications relating to mission proposals or the status of his missions.
The User agrees to be included in the list of companies using WAYNIUM solutions. By doing so, the User agrees to be asked to provide services.
In order to aim for maximum quality of the Way-Corp collaborative platform, WAYNIUM reserves the right to validate access or not to this Functionality for Users. The User must, in this respect, respect the documentation present on the Site relating to the Way-Corp collaborative platform.
The User agrees to be assessed according to the quality criteria of the WAYNIUM programme.
The User may, in order to improve its evaluation indicators, which are published to all Users of the Way-Corp collaborative platform, request their specific calculation rules at any time, which WAYNIUM undertakes to communicate on simple written request.
WAYNIUM may, at any time, decide not to open access to its Services if these conditions are not met, or close it at any time if they are no longer met. It is specified in this respect that the decision not to open the Services or to close them is taken on the basis of the evaluation indicators mentioned above after confirmation by an authorised person from WAYNIUM.
WAYNIUM declines all responsibility if a User of the Services does not respect his financial or practical commitments towards another User, within the framework of their missions.
Within the framework of the Way-Corp service, WAYNIUM acts as a host, having a totally neutral role with regard to the users and the transactions carried out on the platform. Consequently, WAYNIUM declines all responsibility if one of the parties using the Solution and the Services attached to it does not respect its financial or practical commitments to its partner, within the framework of the execution of the services.
The Services are accessed either from the Site or from the User's Devices.
WAYNIUM undertakes that the User may connect to the Services at any time, excluding maintenance periods or in the event of malfunction due to force majeure or a problem related to a third party service provider beyond the control of WAYNIUM.
WAYNIUM reserves the right to temporarily or permanently cut off access to services, particularly in the event of non-payment by the User or due to a breach of any of the stipulations herein.
WAYNIUM undertakes to provide, at its expense, for the benefit of the User, under an obligation of means, a hosting service for the Services:
Accommodation includes :
- Server monitoring ;
- Monitoring the proper functioning of the infrastructure required for hosting.
Data will be periodically backed up on the servers hosting the Services. WAYNIUM will make daily backups of the User's data. After a period of 90 days, the backups made by WAYNIUM will be destroyed, WAYNIUM undertakes not to keep any copy. WAYNIUM cannot be held responsible for the harmful consequences for the User or third parties of the loss, deterioration or destruction of the User's data. It is therefore the responsibility of the User to make backup copies of data.
The User is aware of the technical hazards inherent in the use of a Site and an Application and of the interruptions to access that may result.
WAYNIUM undertakes to put in place effective controls to provide reasonable assurance that the User can access and use the Services and to systematically test the configuration of the Services to ensure that it reflects the functionality required by the User and appropriate response times.
However, given the specific characteristics of the Internet network, WAYNIUM does not guarantee uninterrupted access or access speed. If necessary, WAYNIUM undertakes to immediately activate a crisis unit.
In addition, WAYNIUM shall not be held liable for the alteration, loss, destruction or theft of data, where these incidents originate in the technical configuration and / or organizational set up by the User. In this regard, WAYNIUM disclaims any liability related to the system and / or Devices of the User.
WAYNIUM undertakes to detect whether the malfunction of the Services is due to an Anomaly or an Incident and to remedy any Anomaly, in order to allow the User to use the Services normally.
The benefits covered by this clause do not include :
From the moment the User reports an Anomaly or an Incident, WAYNIUM undertakes to take into account and carry out the correction or, at the very least, implement a workaround solution within a reasonable period of time.
WAYNIUM may, from time to time, at its sole discretion, update the content, features, Services and User interface of the Services through error correction, enhancements and other changes at its sole discretion.
In the same way, WAYNIUM will update the Services to comply with any legal or regulatory requirement that makes an update of the Services necessary for their proper operation.
The User will benefit from the free provision of upgraded versions of the Services as part of the Subscription to which he has subscribed.
In case of breach of contract between the Parties, WAYNIUM undertakes to maintain access to the User to all its data for a period of thirty (30) days.
This period may be extended at the express request of the User to WAYNIUM, which will then send the User an estimate for this service.
During the agreed period, the User will have restricted access to all his data, enabling him to consult and download it.
After this retention period, access by the User to his archived data will no longer be possible. WAYNIUM undertakes to proceed with their definitive deletion.
The User warrants that he/she is aware of the technical characteristics of the Services offered by WAYNIUM prior to signing this Agreement.
Consequently, the User acknowledges that his/her needs and the Services offered by WAYNIUM are in line, that he/she is aware of the content and the conditions of execution of the said Services, and that he/she has subscribed to them with full knowledge of the facts and with all the necessary information enabling him/her to give free and informed consent.
In addition, the User declares to have understood the existence of a risk of unforeseeable developments in the Services impacting directly or indirectly the performance of the contract concluded between the Parties. WAYNIUM cannot be held liable in this respect.
The User is solely responsible for authorisations and declarations relating to the use of the Services. The User declares that he/she has the necessary rights and authorisations for this purpose. Where applicable, the User declares that he/she has taken all necessary steps beforehand, such as requesting authorisations and making administrative declarations.
Failure to provide such declarations and authorisations shall not under any circumstances call into question the validity of this contract concluded between the Parties. In particular, the User remains obliged to pay WAYNIUM for the services ordered.
The User guarantees WAYNIUM against any recourse that would be taken against it in case of failure of such declarations and / or authorizations. In this respect, the User undertakes to reimburse WAYNIUM in full for all costs incurred as a result of the lack of declarations and/or authorisations.
The User undertakes to use the Services in accordance with the purpose of this contract and to comply with WAYNIUM's instructions regarding the installation, use and maintenance of the Application. In particular, the User undertakes not to carry out actions likely to :
Any processing, transmission, publication, distribution or representation of data by the User is carried out under its sole and entire responsibility. The User undertakes, in particular, not to hinder or disrupt the Services and servers WAYNIUM and to comply with the requirements, procedures, general rules that are communicated by WAYNIUM for the use of Services.
Any illegal or generally unauthorised use of the Services will result in the immediate deletion of the User account, without prejudice to any damages to which WAYNIUM may be entitled.
The User therefore guarantees WAYNIUM against any damage that may be caused to it as a result of its use of the Services, including any legal fees and proceedings, and undertakes in this respect to intervene in any legal proceedings brought against it as a result of its use of the Services.
The User undertakes vis-Ã -vis WAYNIUM not to develop, directly or indirectly, an identical or similar service, competing or for internal use, to the Services subject hereof throughout the duration of the Subscription and its renewals and thereafter, whatever the cause, for a period of five (5) years and for the French territory.
WAYNIUM undertakes to take the necessary care and diligence to provide quality Services in accordance with the specifications herein. WAYNIUM is only responsible for an obligation of means concerning the Services.
WAYNIUM may temporarily interrupt the Services for maintenance purposes, without the User being able to claim any compensation as a result.
WAYNIUM does not guarantee in any way the achievement of results due to the use of the Services by the User, nor the quality of these results. The User is solely responsible for the use of the Services, the results he obtains therefrom, as well as for the provision of his services as a professional driver to his end customers.
WAYNIUM will not be held liable in the event of force majeure or fault on the part of the User, as defined in this article:
For the purposes of these General Terms and Conditions, any impediment, limitation or disruption of the Services due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of the transmission networks, collapse of installations, etc. will be deemed to be a case of force majeure enforceable against the User, unlawful or fraudulent use of passwords, codes or credentials provided to the User, computer hacking, security breach attributable to the host of the Services or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of WAYNIUM. In such circumstances, WAYNIUM shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.
For the purposes of these General Terms and Conditions, any misuse of the Services, fault, negligence, omission or default on the part of the User or the User's agents, failure to follow the advice given by WAYNIUM, any disclosure or unlawful use of the User's password, codes and references, as well as the provision of incorrect information or failure to update such information in the User's personal space, will be deemed to be a fault on the part of the User. The implementation of any technical process, such as robots or automatic requests, whose implementation contravenes the letter or spirit of these General Conditions, will also be considered as a fault on the part of the User.
Should access to the Services be impossible due to technical problems of any kind, the User may not claim any damages and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, can not be a prejudice to the User and can in no way give rise to the award of damages from WAYNIUM.
Where applicable, hypertext links on the Site and the Application may lead to other websites. WAYNIUM cannot be held responsible if the content of these sites contravenes current legislation. Similarly, WAYNIUM may not be held liable if the User's visit to one of these sites causes him/her harm.
In the absence of legal or regulatory provisions to the contrary, the liability of WAYNIUM is limited to the direct, personal and certain prejudice suffered by the User and linked to the failure in question. WAYNIUM can in no case be held responsible for indirect damage such as, in particular, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. In the same way and within the same limits, the amount of damages and interests charged to WAYNIUM cannot in any case exceed the price of the Subscription subscribed by the User.
9.5. Responsibility as host
The data published, aggregated, stored and / or shared on the Application by the User are under his own responsibility. In this context, WAYNIUM will benefit from the status of data host. WAYNIUM cannot therefore be held civilly or criminally liable for this data, unless, as soon as it became aware of the illicit activity or information, it acted promptly to remove this information or make access to it impossible.Â
Similarly, the data entered by the User when using the Services are under his sole responsibility. Under these conditions, WAYNIUM cannot be held civilly or criminally liable for this data.
Each of the Parties certifies that it has taken out an insurance policy with a reputable and solvent insurance company established in France for all the pecuniary consequences of its professional, tortious and/or contractual civil liability as a result of bodily injury, material and immaterial damage caused to the other party and to any third party in the performance of the present contract.
Each of the Parties must be able to present, at the request of the other Party, a dated and signed certificate from its insurer proving that it has professional civil liability insurance, the premiums for which are payable by it, covering personal injury, property damage and consequential loss.
The provision of insurance certificates subscribed by WAYNIUM to the User does not extend the liability of WAYNIUM.
WAYNIUM's Services, its data model, its graphical interface, its documentation, as well as the ideas, principles, know-how, methods underlying the Services, algorithms, data organization, navigation, and any other element included in the Services are deemed confidential.
Consequently, the User undertakes to ensure that these elements :
For the purposes of providing the Services, WAYNIUM acts as data controller and data processor of personal data.
The party responsible for data collection and processing is WAYNIUM, SAS, whose registered office is located at 29 rue Tronchet, 75008, Paris, SIREN: 451 320 253.
The Data Protection Officer is Deshoulières Avocats Associés, 121 boulevard de Sébastopol, 75002 Paris, SIREN 879 733 947, rgpd@deshoulieres-avocats.comTelephone number: 01 77 62 82 03.
As part of its contractual relations, WAYNIUM may collect and process information from its Users, namely :
- Name ;
- First name ;
- Address;
- E-mail address ;
- Telephone number ;
- Type of vehicle used ;
- Number plate ;
- Driver number ;
- Quality rating and customer comments ;
- Journeys made ;
- Billing data ;
- Bank details.
The data collected during the contractual relationship is subject to automated processing for the purpose of :
- Create a WAY-Partner account, manage and administer it;
- Billing subscriptions ;
- To detect anomalies in the use of the Services;
- Evaluate and rate User activity according to WAYNIUM quality criteria;
- Assisting Users;
- Manage and monitor the use of the Way Corp collaborative platform;
- Sending marketing communications;
- Monitoring the service;
- Contacting the User ;
- Ensuring and improving service safety;
- If necessary, initiate legal proceedings;
- Check the User's identity and compliance with the conditions of access;
- To send information and contact the User, including by e-mail, telephone and push notification;
- Avoid any illicit or illegal activity.
The legal basis for the data collected is a contractual relationship and the legitimate interests of WAYNIUM.
The data collected may only be consulted by members of WAYNIUM's management and by staff responsible for relations with Users to the extent strictly necessary for the performance of contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by any third party.
The personal data collected is kept for the duration of the contractual relationship, and for the time during which WAYNIUM may be held liable.
Once the retention period has expired, WAYNIUM undertakes to permanently delete the data of the persons concerned without keeping a copy.
Personal data is stored in secure conditions, using state-of-the-art technology, in compliance with the General Data Protection Regulation and current national legislation.
WAYNIUM may also collect and process any data voluntarily transmitted by Users.
WAYNIUM instructs Users to provide personal data that is strictly necessary for the performance of their contractual obligations.
WAYNIUM undertakes to keep and process only data that is strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.
Users have the following rights concerning their personal data, which they may exercise by writing to the postal address of WAYNIUM or by sending a request by e-mail to the following address: rgpd@waynium.com
Users may access their personal data.
Because of the obligation of security and confidentiality in the processing of personal data which is incumbent on WAYNIUM, requests will only be processed if Users provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request sent in writing), both of which must be accompanied by the words "WAYNIUM". I certify on my honour that the copy of this identity document is a true copy of the original. Signed in ... on ... "followed by their signature.
To help them in their approach, Users will find here a model letter drawn up by Cnil.
WAYNIUM Users may request the rectification, updating, blocking or deletion of their personal data which may be inaccurate, erroneous, incomplete or obsolete.
WAYNIUM Users may also define general and specific directives relating to the fate of personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their relative be taken into account and/or that the necessary updates be made.
To help them in their approach, Users will find here a model letter drawn up by Cnil.
WAYNIUM Users may object to the processing of their personal data. To do so, they should send an e-mail to the following address: [e-mail address for receiving requests relating to personal data]. In this e-mail, the User must specify the data he/she wishes to be deleted as well as the reasons justifying this request, except in the case of commercial canvassing.
WAYNIUM Users have the right to receive the personal data they have provided to WAYNIUM in a transferable, open and readable format.
WAYNIUM Users have the right to request that the processing of their personal data by WAYNIUM be limited. Thus, their data can only be stored and no longer used by WAYNIUM.
The User's consent is essential for WAYNIUM to process his/her data. However, the User may withdraw his/her consent at any time. This withdrawal will lead to the deletion of personal data concerning him. The services requiring the processing of the User's data by WAYNIUM will nevertheless no longer be accessible.
WAYNIUM undertakes to reply to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which may not exceed one (1) month from receipt of the request.
If Users consider that WAYNIUM is not complying with its obligations with regard to their personal data, they may submit a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which they may address a request. here.
WAYNIUM uses authorised service providers to facilitate the collection and processing of data. These service providers may be located outside the European Union and are likely to have access to the data collected.
WAYNIUM has previously ensured that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use and data protection.
WAYNIUM uses the services of the following subcontractors:
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Directory of subcontractors |
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Partner |
Destination country |
Treatment carried out |
Guarantees |
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Google Drive |
USA |
Data hosting. |
https://policies.google.com/privacy |
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Stripe |
USA |
Online payment solution. |
https://stripe.com/fr/privacy |
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MailJet |
France |
Mailing service electronic. |
https://www.mailjet.com/fr/legal/politique-confidentialite/ |
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Microsoft Outlook |
USA |
Mailing service electronic. |
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CHM Accounting |
France |
Accountant. |
Subcontracting contract |
Users also consent to WAYNIUM disclosing the data collected to any person, at the request of a state authority or court order.
If WAYNIUM is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Users consent to the data collected being transferred by WAYNIUM to that company and to that company carrying out the personal data processing referred to in these General Terms of Service in place of WAYNIUM.
As part of its services, WAYNIUM may process personal data on behalf of its Users, in accordance with this clause and on their documented instructions.
WAYNIUM is authorised to process data on behalf of Users within the limits of the functionalities offered by the Application and the online site www.way-partener.com.
The purposes of the processing are as follows:
Given the wide range of areas in which Users are involved, the data processed as a sub-contractor may be very diverse and may concern data relating to both personal and professional life. As such, the nature of the data concerned may be :
Within the limits of their respective responsibilities, the following may have access to personal data in their capacity as recipients:
WAYNIUM undertakes to :
WAYNIUM is currently using a subcontractor to provide its subcontracting services:
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Directory of subcontractors |
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Partner |
Destination country |
Treatment carried out |
Guarantees |
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Infomaniak Network SA |
Switzerland |
Software hosting |
https://www.infomaniak.com/fr/cgv/conditions-generales |
|
Stripe |
USA |
Online payment solution |
https://stripe.com/fr/privacy |
WAYNIUM may use other sub-contractors to carry out specific processing activities. In this case, it informs the User in advance and in writing of any change envisaged concerning the addition or replacement of other sub-contractors. This information must clearly indicate the sub-contracted processing activities, the identity and contact details of WAYNIUM and the dates of the sub-contracting contract. The User has a period of one (1) month from the date of receipt of this information to present his legitimate objections. This subcontracting can be carried out only if the User did not emit legitimate objection during this time.
The subsequent processor is required to comply with the obligations of this contract on behalf of and in accordance with the instructions of the User. It is the responsibility of WAYNIUM to ensure that the subsequent processor presents the same sufficient guarantees regarding the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the European Data Protection Regulation. If the subsequent processor does not fulfil its data protection obligations, WAYNIUM remains fully responsible to the User for the performance by the other processors of its obligations.
Insofar as possible, WAYNIUM shall assist the User acting as data controller in fulfilling its obligation to comply with requests to exercise the rights of data subjects: right of access, rectification, erasure and blocking, right to restrict processing, right to data portability, right not to be subject to an automated individual decision (including profiling).
Where data subjects make requests to WAYNIUM to exercise their rights, WAYNIUM shall forward such requests to Users.
WAYNIUM shall notify the User as soon as possible of any personal data breach of which it is aware. This notification shall be accompanied by any useful information to enable the User, if necessary, to notify this breach to the competent supervisory authority, and at the very least :
WAYNIUM undertakes to implement security measures enabling :
At the end of the provision of services relating to the processing of this data, WAYNIUM undertakes, in accordance with the instructions issued by the User, to :
Where applicable, WAYNIUM shall inform the User of the name and contact details of its Data Protection Officer.
WAYNIUM declares that it keeps a written record of all categories of processing activities carried out on behalf of the User, who may at any time ask WAYNIUM to justify this.
Under this contract, the User alone determines the purposes of the processing. The User alone has chosen to use the services of WAYNIUM with full knowledge of the means implemented by WAYNIUM to carry out the processing.
The User undertakes to :
The User warrants to WAYNIUM that it provides lawful personal data, in accordance with the General Regulation for the Protection of Personal Data. In this respect, the User undertakes to bear any costs and expenses that WAYNIUM may incur as a result of the personal data transmitted, including any legal fees and proceedings.
WAYNIUM guarantees the User that it carries out the processing referred to in the Contract in compliance with the General Regulation for the protection of personal data.
WAYNIUM allows the User to use the Application from its Devices. In this context, WAYNIUM grants the User, on a non-exclusive basis, an end-user licence for the Application. The licence is granted for the duration of the Subscription.
The licence relates solely to the right to reproduce the Application, for the sole purpose of downloading the Application and running it, and to the right to use the Application, excluding :
The rights to use the Application are personal and non-transferable. The rights granted to the User are exclusively for his or her own needs, to the exclusion of any form of supply to third parties, even to a subsidiary company or de jure or de facto group. The User may not assign all or part of the rights and obligations resulting from these General Terms and Conditions, whether as part of a temporary assignment, a sub-licence or any other contract providing for the transfer of said rights and obligations.
The User accepts this licence as is. WAYNIUM gives no guarantee other than that of the material existence of the rights covered by this licence.
The Content of the Application may be protected by copyright and database right. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of WAYNIUM or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
The User further undertakes contractually to WAYNIUM not to use, reproduce or represent, in any manner whatsoever, the Content of the Application, whether or not protected by intellectual property rights, for any purpose other than their use in the Application. More generally, the User undertakes not to adopt any behaviour likely to constitute acts of parasitism or unfair competition against WAYNIUM.
WAYNIUM will be able to quote the name of the User as a commercial reference in accordance with the commercial practices including at the end of the contractual relations. To this end, the User grants WAYNIUM the intellectual property rights necessary for the use of its distinctive signs as a reference.
These General Terms and Conditions are governed by French law.
In the event of litigation concerning all contractual relations of a contractual or extra-contractual nature, jurisdiction is expressly attributed to the courts of the registered office of WAYNIUM, notwithstanding plurality of defendants or third party proceedings.
These Terms and Conditions may be modified at any time by WAYNIUM. The General Terms and Conditions applicable to the User are those in force on the date of his/her order or connection to the Services. Any new connection to the Services implies acceptance, where applicable, of the new General Conditions.
The nullity of one of the clauses of these General Terms and Conditions shall not entail the nullity of the other clauses or of the General Terms and Conditions as a whole, which shall retain their full effect and scope. In such a case, the Parties shall, as far as possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of these General Terms and Conditions.
WAYNIUM's failure to exercise its rights hereunder shall in no event be construed as a waiver of such rights.
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