# Privacy and Terms of Use of yoplanning.pro

***

### cover: ../.gitbook/assets/cover.png

coverY: -65

## Privacy and Terms of Use of yoplanning.pro

#### 1. Introduction

**Thank you for taking the time to read Yoplanning's Terms of Use and Privacy Policy.** This is where you'll find all the information you can and can't do with Yoplanning, as well as how we handle your personal data and respect your privacy.

By using Yoplanning, you agree to be bound by the following terms, conditions, and disclosures. Vakario reserves the right to update and modify these terms of use and privacy policy without notice. Violation of any of the terms below may result in termination of your account.

***

#### 2. Ownership, editorial responsibility and legal information

This software is the property of **Vakario – SARL**, domiciled at **245 rue du Marais, 73190 Challes-les-Eaux**, registered with the Chambéry Trade and Companies Register under number **493 337 315**. Tel: +33 (0)458100027.

The publication director of this site is **Mr. David GRANDADAM**, in his capacity as president.

**Data Protection Officer (DPO)**

As part of GDPR compliance, **Yoplanning has appointed a Data Protection Officer**:

* Name: **Frédéric Alcaraz**
* Email: **<frederic@digital-wild.fr>**

Any questions relating to the protection of personal data, the exercise of your rights of access, rectification, opposition, etc., can be addressed to him.

***

#### 3. General conditions of use

**Yoplanning** is an application suite designed and developed by **VAKARIO**, a tool to help manage activities and provide access to various interconnected modules and specific applications, which can be used online on the site <https://yoplanning.pro>. In particular:

* **Yoplanning (application for managing activity schedules)** – available free of charge.

The **Yoplanning Service** can be customized by the User during its configuration, including the ability to choose different optional modules. Any addition of options or additional modules can be done at any time via the User's Account.

By placing an Order for the Yoplanning Service, VAKARIO grants the User a **non-exclusive license to use** its software and applications, for the duration of the commitment entered into by the User.

> It is expressly recalled that the management decisions taken by the User are their exclusive responsibility, Yoplanning being only a **support tool** for managing their activity.

**Accessibility**

Accessibility to Yoplanning, as well as the processing of information provided by the User, will be done 24 hours a day via the site <https://yoplanning.pro>.

**Traceability**

The User is informed that the operations carried out are tracked by the Yoplanning application. In addition, the User retains ownership of the elements and content that he creates using Yoplanning.

**Prohibited Uses**

The User agrees to use the data only for his own purposes. Apart from the rights granted herein, the User is not authorized to (non-exhaustive list):

* Copy, print, transfer, transmit, sell, rent, sublicense, distribute or display all or part of Yoplanning, except for white label resale.
* Use Yoplanning to provide data processing, service bureau, time-sharing or other similar services to any individual, company or entity, except as part of a white label resale.
* Adapt, develop, modify Yoplanning and/or merge all or part of it into other computer programs.
* Remove and/or modify any trademark, property notice and/or copyright notice that VAKARIO may have affixed.

**Promotion under the ResaOne brand**

The User grants full and complete authorization to VAKARIO to use the data and information (concerning the User and the activities and/or services that he wishes to market) for the sole purpose of promoting said activities and/or services under the ResaOne brand. The User may in particular choose, via the Yoplanning configuration, the activation or deactivation product by product of the ResaOne “channel manager” sales channel.

**User Responsibility**

The User is solely responsible for the deliberate or accidental deletion of their data when using Yoplanning. VAKARIO cannot be held responsible for any loss, alteration, or destruction of said data.

***

#### 4. Liability in the event of a computer attack or network malfunction

**4.1 General principles**

Vakario undertakes to implement all reasonable measures to ensure the security and availability of its software. However, in the event of a computer attack (cyberattack), network malfunction, or any other situation preventing access to the software, the following provisions apply:

1. **Security and Safeguards** Vakario implements advanced security measures (technical and organizational) to protect its systems and user data. No technology is completely foolproof.
2. **Limitation of Liability**
   * In the event of a computer attack, network malfunction, virus, or any other unforeseen interruption preventing access to the software, Yoplanning cannot be held responsible for direct or indirect damages, losses or costs resulting from the inability to use the software.
   * Yoplanning cannot be held responsible for loss of data, interruptions of service, or any other damage caused by such interruptions.
3. **Notification and Support** In the event of an incident affecting the availability of the software, Vakario undertakes to inform users as soon as possible and to provide all reasonable assistance to minimize the impacts.
4. **Specific Exclusions** The above provisions do not limit users' rights under applicable consumer protection law.

**4.2 Protection of personal data in the event of an incident**

1. **Security and protection measures** Yoplanning implements all appropriate technical and organizational measures to ensure the security of personal data and the availability of the software, including the prevention of cyberattacks and the management of network malfunctions.
2. **Limitation of liability** Likewise, Yoplanning cannot be held responsible for direct or indirect damages, losses or costs resulting from a cyberattack or network malfunction.
3. **Incident Notification** In the event of an incident affecting the security or availability of the software, Yoplanning undertakes to inform users as soon as possible and to notify the DPO and, where applicable, the competent authorities (CNIL) in accordance with the GDPR.
4. **Data Protection Officer (DPO)** As indicated above, the DPO is **Mr. Frédéric Alcaraz** (email: <frederic@digital-wild.fr>).
5. **Access to the subcontracting contract** Users can access the full details of the subcontracting contract between Vakario and the user directly in the Yoplanning application, in the "team" settings. The term "team" defines all structures using Yoplanning.
6. **GDPR Compliance** Yoplanning complies with current European directives and regulations relating to the protection of personal data (GDPR). The conditions for data processing by Yoplanning and its subcontractors are detailed in the contract accessible via the application.

***

#### 5. Privacy Policy

**5.1 Purpose**

This Privacy Policy aims to inform you about the collection and use of your personal data when you use the Yoplanning application or services, in particular via connection through third-party accounts (Facebook, Google).

**5.2 Data collected**

1. **Data you provide directly**
   * Identification information (first name, last name, email address, etc.)
   * Information related to your professional or personal activity (e.g. company, position).
   * Any other information you choose to provide to us (via forms, support, etc.).
2. **Automatically collected data**
   * Connection data: IP address, date/time of connection, browser, operating system, etc.
   * Cookies and similar technologies (see the “Cookies” section below).
   * Statistical data relating to navigation (pages consulted, etc.).
3. **Data collected via Facebook Login** If you choose to log in via Facebook (Facebook Login), we collect, with your permission:
   * Unique Facebook ID, first/last name, email address, profile picture (if available). **Use**: creation/management of your Yoplanning account, pre-filling of your profile, improvement of the user experience.

> We do not post anything on your Facebook account without your explicit consent.

1. **Data collected via Google Sign-in** If you choose to sign in via Google, we collect, with your permission:
   * Unique Google ID, first/last name, email address, profile picture (if available). **Use**: creation/management of your Yoplanning account, pre-filling of your profile, simplification of login.

> We do not post anything to your Google account or view your files (Drive, Gmail, etc.) without explicit permission.

1. **Google Data for Google Calendar** Yoplanning accesses certain data from your Google Account to link your Google Calendar to Yoplanning (when you enable synchronization). This includes the ability to write events (event names, times, locations, etc.) to your selected calendar.
   * We **do not** store your primary Google Account email or events from Google Calendar.
   * We only store the OAuth token needed to keep the sync up to date.

**5.3 Purposes and legal bases**

We collect and process your data for:

* **Provide and manage the Application** (performance of the contract)
* **Improve user experience** (legitimate interest)
* **Allow login via Facebook and Google** (contract execution / consent)
* **Communicating with you** (newsletters, notifications, etc., based on your consent or legitimate interest in sending service-related notifications)
* **Comply with our legal obligations** (legal obligations in accounting, tax matters, etc.)

**5.4 Recipients and transfers of data**

* **Internal Team**: Only authorized Vakario members (maintenance, support, etc.) can access your data to the extent necessary.
* **Subcontractors**: certain technical service providers (hosting, maintenance) may have access to data, within the limits of their missions and with strict confidentiality obligations (GDPR subcontracting contract).
* **Facebook / Google**: If you use Facebook Connect or Google Connect, you authorize the transfer of certain data (name, email, etc.) from these platforms to Yoplanning.
* **Transfer outside the EU**: If a transfer outside the EU were to take place (e.g. hosting on non-EU servers), we will put in place the appropriate safeguards (standard contractual clauses, etc.) and inform you.

**5.5 Retention period**

* Your data is kept as long as your account remains active, then archived/deleted according to legal obligations (e.g. billing = 10 years).
* Connection logs are kept for a limited period (e.g. 6 months) unless otherwise required by law.

**5.6 Cookies**

To ensure the proper functioning of the Yoplanning application, we use cookies and similar technologies.

* **Use of cookies**: remember your sessions, facilitate access to services, collect usage statistics.
* **No external marketing purposes**: we do not sell or transfer your browsing data to third-party organizations.
* **Cookie Management**: You can configure your browser to refuse cookies or to be informed of their use, knowing that this may affect the optimal functioning of Yoplanning.

**5.7 Use for statistical purposes**

When you access the site, the servers automatically collect:

* The IP address, date and time of access
* The pages consulted
* The type of browser used
* The platform/operating system
* The search engine and keywords used

This information is only kept for the sole purpose of measuring the audience and improving the service.

**5.8 Your rights**

In accordance with the GDPR, you have rights over your data:

* **Right of access, rectification, erasure, opposition**, etc.

For any inquiries, please contact our DPO: <frederic@digital-wild.fr>. Yoplanning is committed to responding within the legal deadlines.

***

#### 6. Software Usage Rights

The Software user license (Yoplanning) allows the Client to use the Software in accordance with its intended purpose and the terms of the contract. Vakario grants a right of access to the services and functionalities, for the purposes of using the Software under the conditions defined below.

The Client undertakes to:

* Implement appropriate control systems to prevent any illicit use or use contrary to the Contract.
* Inform Vakario of any illicit use or attempted illicit use of the Software.

The Contract does not entail **any transfer of ownership rights**: the Client retains ownership of their data, Vakario remains the owner of the Software. The Client undertakes **not to use** the Software to infringe intellectual property or confidentiality rights. Any violation is subject to civil and criminal penalties.

***

#### 7. User Obligations

**Suitability of the Software to its needs**

The Client acknowledges having received from Vakario all the information necessary to assess the suitability of the Software to its needs.

**Environment and computer system**

The Client must have an internet connection, take charge of the necessary computer equipment, etc.

***

#### 8. Obligations of Vakario

Vakario undertakes to implement the necessary means to provide access to the Software. Vakario reserves the right to suspend access to the servers for maintenance or updates. Vakario cannot be held responsible for the suitability of the Software to the User's needs.

***

#### 9. Processing, hosting and backup of data

1. **Data Ownership** Data entered by the Client remains the property of the User. Vakario processes and hosts it.
2. **Use of Data** Data may only be used by Vakario to enable the Client to use the Software and offer related services.
3. **Customer Responsibility** The Customer must ensure their own backups and correct configuration before any data communication.
4. **Backup by Vakario** Vakario backs up user data at the specified frequency (every 24 hours, etc.).
5. **Restoration time** In the event of a failure, restoration cannot exceed 72 hours.
6. **Limitation of liability** See article 4 on Vakario's liability.

***

#### 10. Eviction Guarantee

Vakario warrants that it holds the necessary rights to license the use of its Software. Vakario warrants that the Software does not constitute an infringement of a pre-existing work and respects the intellectual property rights of third parties.

***

#### 11. SaaS Subscription Rates and Online Transaction Fees

1. **Access to rates** All subscription rates and transaction fees are available at <https://www.yoplanning.com/tarif>.
2. **Modification of prices** Vakario reserves the right to modify them without notice.
3. **Online Transaction Fees**
   * Applied to orders and payments via the booking module or payment links.
   * Bank charges are not included and remain the responsibility of the customer.

***

#### 12. Fraud prevention

Yoplanning integrates with online payment platforms (e.g., Stripe). Payment providers are responsible for fraud prevention. Yoplanning cannot be held liable for any fraud or disputes related to transactions.

***

#### 13. Payment Dispute or Argument

In the event of a payment dispute or chargeback, Yoplanning disclaims all liability. However, it provides online transaction receipts to help customers resolve the dispute. For more information, see <https://support.stripe.com/topics/disputes-and-fraud>.

***

#### 14. Application fees

In the event of fraud, there is a processing fee. If the dispute is resolved in the client's favor, the fees are refunded.

* North America Application Fee: $50
* European application fee: €50

***

#### 15. Obligations and Responsibilities specific to the Reservation Module Service

The **Booking Module Service** allows the User to insert an online sales module on their website(s). VAKARIO offers the configuration and generation of a code to be integrated. Said module is connected to a secure payment system (Stripe). VAKARIO only acts as a technical intermediary, therefore Stripe's T\&Cs apply.

When a sale is made through the module, the User agrees to pay VAKARIO the indicated commission. This amount is deducted monthly.

**Distribution of the Reservation Module to its partners**

The User can share their module with their business partners to obtain a new sales channel. Any sales made through these partners are also subject to commission.

***

#### 16. Become a ResaOne Partner

Any User can become a ResaOne Partner and use the Availability Centralization Service to offer other Users' activities and/or services for sale. The ResaOne partner receives a commission, with the remainder going to ResaOne and the User.

Users choosing multi-channel distribution consent to the distribution of information and data relating to their services to ResaOne Partners.

***

#### 17. ResaOne Appendix – Mandate Contract

*(Full text reproduced)*

> \[*Here, insert the entire mandate contract mentioned in the initial document, with its articles 1 to 12, obligations of the Principal and the Agent, financial conditions, force majeure, etc.*]

***

#### 18. Final provisions

The following legal provisions govern the validity of this entire document:

* **Force majeure**: in the event of force majeure, the execution of the Contract is suspended in accordance with legal provisions.
* **Nullity and independence of clauses**: the cancellation of one of the clauses does not entail the cancellation of the contract in its entirety.
* **Contract Language and Applicable Law**: This document is written in French. In the event of a dispute, only the French text shall be deemed authoritative. French law shall apply, and the competent court shall be that of Chambéry.
* **Election of domicile**: For the purposes hereof, the parties elect domicile at the addresses appearing in the header or in the parameters of the Yoplanning “team”.

***

#### 19. Contact and modifications

For any questions about the **Terms of Use** or the **Privacy Policy**, or to exercise your rights over your personal data, you can contact:

* **Data Protection Officer (DPO)**
  * **Name**: Frédéric Alcaraz
  * **Email**: <frederic@digital-wild.fr>

**Updates**

We may modify this document from time to time to reflect changes in our practices or legal changes. We will notify you, where possible, of any material updates (by notification or via the website).
