Terms of use

Legal Information

These general terms and conditions of use (hereinafter referred to as “the ‘Conditions’”) are entered into between:

• RANK SASA simplified stock corporation, with a registered capital of €1,000, registered in the RCS (Registre du Commerce et des Sociétés) of Rennes under number 934 234 949, with its registered office located at 63 B Boulevard de Metz, 35700 Rennes, France.

• And any natural or legal person acting in a professional capacity, who has created a user account or subscribed to an offer through a platform operated by RANK SAS (hereinafter “You” or “the User”).

RANK SAS develops, publishes, and operates software solutions (SaaS) that are made available to users for strictly professional purposes. These solutions can include a wide range of features, from internal data collection to the deployment of collaborative, analytical, HR, marketing, or sales interfaces. The functionality of these services is adaptable, and these Terms and Conditions apply to any current or future use of the aforementioned Services.

The services are hosted by OVH 2 Rue Kellermann, 59100 Roubaix, France – https://www.ovh.com/fr/support/documents_legaux), or any other technical service provider designated by RANK SAS as part of its obligations for secure operation.

Acceptance of the terms and conditions.

Accessing or using the Services implies complete, unconditional, and irrevocable acceptance of these Terms and Conditions. If there is a disagreement, the User must immediately cease all interaction with the Services, including access to the platform, data input, or consultation of their interfaces. RANK SAS reserves the right to modify these Terms and Conditions at any time. Any substantial modification will be communicated within a reasonable timeframe. Continued use of the Service after this notification constitutes acceptance of the modified Terms and Conditions.

3. Definitions

• Services: All software, platform, module, interface, database, or feature offered by RANK SAS.

• User: Anyone accessing or using the Services, whether directly or indirectly, on behalf of a contractual client.

• Client An entity contractually linked to RANK SAS, possessing either administrative or primary access rights.

• Content: All information, data, or resource transmitted, published, hosted, or manipulated through the Services.

• Data: All information, whether personal or not, collected, generated, recorded, or shared as part of using the Services.

4. ACCESS AND SECURITY CONDITIONS

The User is responsible for providing internet access, configuring their equipment, and ensuring the security of their online environment, all at their own expense and under their own responsibility. They are solely responsible for managing their credentials, internal access, protecting their devices, and maintaining the confidentiality of transmitted information. RANK SAS assumes no liability in the event of unauthorized access, data loss, or any incident resulting from the User’s lack of caution.

5. GENERAL USER OBLIGATIONS

The user agrees to:

• Use the services in accordance with applicable laws and regulations.

• Respecting the rights of third parties, particularly intellectual property rights and the right to privacy.

• Do not introduce viruses, malware, automated scripts, or any harmful software.

• Keep your contact information and technical settings up to date within the management interface.

• Do not use these services for the purpose of surveillance, harassment, or manipulating information.

• To ensure that one’s own activities comply with local regulations.

Specific prohibitions

The following are prohibited:

• The unauthorized commercial use of the services by a third party.

• Reverse engineering, decompilation, or data extraction.

• Circumventing integrated security systems.

• Deliberate overloading of the platform or simulating traffic.

• The insertion of fabricated or inaccurate data with the intention of skewing performance or results analysis.

Suspension and Termination

In the event of any improper or abusive behavior by the User, any attempt at unauthorized access, or any suspicion of non-compliance, RANK SAS reserves the right to immediately and without prior notice suspend access to the Service, delete one or more accounts, and terminate any contract without compensation. This termination does not prevent RANK SAS from seeking compensation or redress for any damages incurred.

Intellectual Property

All elements of the Service (text, images, code, structures, databases, algorithms, technical architectures, documentation, etc.) are protected by intellectual property law and are exclusively the property of RANK SAS or its partners. Any reproduction, adaptation, reuse, commercialization, or redistribution without prior written authorization is strictly prohibited and may result in legal action.

9. PERSONAL DATA – GDPR Compliance

The User is solely responsible for the collection, content, and validity of the data they process through the Service. As the data processor, they commit to obtaining all necessary consents and to comply with applicable regulations, including GDPR. RANK SAS acts exclusively as a subcontractor, as detailed in the GDPR Annex – Article 28 attached.

Warranty, Availability, and Limitation of Liability

RANK SAS has implemented reasonable measures to ensure the continuity of the Service. However, the Service is provided “as is,” without any guarantee of suitability for a specific need, without any commitment to performance, or any assurance of error-free operation.

RANK SAS assumes no responsibility in the event of:

• Loss or alteration of data resulting from the User or a third party.

• Temporary service interruption due to maintenance, a technical issue, or an act of force majeure.

• Misuse, unauthorized use, or fraudulent use of the service by the user or their collaborators.

• Indirect consequences such as a loss of revenue, customers, reputation, or opportunities.

Assuming all other factors, RANK SAS’s liability is strictly limited to the amount actually received by them over the past twelve months of the subscription.

11. APPLICABLE LAW – Jurisdiction

These Terms are governed by French law. In the event of a dispute, the parties agree to first seek an amicable solution. If no such solution is reached, any dispute will be exclusively brought before the competent courts in Paris, even if there are multiple defendants or an appeal is brought in support.

Appendix – Data Processing (Article 28 GDPR)

Finality and purpose of the treatment

RANK SAS processes, on behalf of the User, the data required to carry out their services: hosting, collection, structuring, visualization, transmission, provision, and storage.

Treatment types

The treatment includes, among other things: analysis, filtering, pseudonymization, aggregation, export, data retrieval via interface or API, and automated reporting.

3. Categories of data

• Professional identifiers (name, first name, email, department, job title).

• Usage data (connection, navigation, clicks, actions within the tool).

• Answers to questionnaires or modules configured by the User.

• Technical data (IP address, terminal configuration, logs).

Shelf life

The data are retained for the duration of the contractual relationship. Upon termination, they are deleted or anonymized within 30 days, unless otherwise specified or upon express request.

Safety measures

RANK SAS implemented appropriate measures, including:

• Encryption both at rest and in transit.

• Two-factor authentication for administrators.

• Granular vulnerability audit and access control.

• Logging of critical actions.

• Data replication and daily on-site backups.

Subcontractors (subsequently)

RANK SAS is authorized to use subcontractors for technical functions, provided that these subcontractors provide equivalent data protection guarantees. The Client can request a complete list of all subcontractors at any time.

7. Client Obligations

The Client undertakes to:

• Do not transmit to RANK SAS any data that is not necessary or relevant.

• To inform its end users about the use of the services.

• Obtain the necessary consents in accordance with applicable legislation.

• Cooperate with RANK SAS in the event of an exercise of rights by the concerned parties.

Audit

The Client may, once per year, conduct a technical or documentary audit, provided they notify us in writing at least 30 days in advance, without affecting the proper functioning of the Service.