Terms of use

Last modified: January 04, 2024

  • PREAMBLE
  • Article 1 - Definitions
  • Article 2 - Purpose
  • Article 3 - Acceptance of the TOU
  • Article 4 - Creating a user account
  • Article 5 - Use of the Software
  • Article 6 - Technical Assistance
  • Article 7 - Intellectual Property
  • Article 8 - Liability
  • Article 9 - Personal Data
  • Article 10 - Miscellaneous Provisions

PREAMBLE

These General Terms and Conditions of Use (hereinafter referred to as the “TOU“) apply to the services offered by TAG INSIGHT, a société par actions simplifiée unipersonnelle (simplified single-shareholder joint-stock company) with a share capital of 1,000 euros, registered at the Paris Trade and Companies Registry under number B 978 748 549, with its registered office located at 66, avenue des Champs Elysées, 75008 Paris (hereinafter referred to as “TAG INSIGHT“). These services pertain to the digital platform known as “TAG INSIGHT” (hereinafter referred to as the “Software“), accessible via the website www.taginsight.com (hereinafter referred to as the “Site“).

The TOU can be accessed at any time via a direct link at the bottom of the Site page.

This Preamble forms an integral part of the TOU.

ARTICLE 1 - DEFINITIONS

ARTICLE 1 – DEFINITIONS

In the Terms of Use (TOU), capitalized terms, whether used in the singular or plural, have the meanings set forth below:

Subscriber: Refers to any company or corporation that has entered into a subscription agreement with TAG INSIGHT, enabling Employees to access the Service.

Administrator: Denotes the person designated by the Subscriber, responsible for managing the Administrator Account.

Collaborator: Refers to an individual under the responsibility of the Subscriber (such as a servant, employee, agent, representative, freelancer, etc.) who benefits from access to the Service on his or her computer, tablet, or smartphone as part of the user license contracted by the Subscriber.

Account: Refers to the User’s account on the Site, which enables him/her to access the Service and Solutions using his/her Identifiers.

Identifiers: This term encompasses both the User’s unique identifier (“login”) and the connection password (“password”).

Service: Refers to the online provision of the Software by TAG INSIGHT to the Subscriber, enabling the User to utilize the Solutions.

Solutions: Represents the operational functions of the Software listed on the Site and/or in the TOU, made available to the Subscriber and the User as part of the Service.

User: This term applies to either the Administrator or the Collaborator.

Visitor: Refers to any Internet user who accesses the Site but does not have an Account for accessing the Software.

ARTICLE 2 - PURPOSE

The purpose of these Terms of Use (TOU) is to define the rights and obligations of Users in relation to the use of the Site and/or the Software and Solutions available on the Site.

The Software is a digital platform designed to automate various data tracking tasks, including but not limited to tagging plan generation, error checking, debugging, quality assurance report generation, and automatic implementation of Google Tag Manager.

The features and functionalities of the Software are extensively detailed on the Site.

Users can access the Site using any compatible device, such as computers, tablets, smartphones, or other similar terminals.

ARTICLE 3 - ACCEPTANCE OF THE TOU

Access to and use of the Site are contingent upon the acceptance of and compliance with these Terms of Use.

Upon creating their Account, Users are required to thoroughly read and expressly accept both the Terms of Use and the Site’s Privacy Policy. Acceptance of these Terms of Use is mandatory for Users to access the Solutions offered by the Site. This acceptance is complete and indivisible; Users may not opt to have only a portion of the Terms of Use applied or to express reservations.

In the event of a breach of any of the obligations stated herein, TAG INSIGHT reserves the right, at any time and without prior notice, to interrupt, suspend, or delete the Account of the User in question.

ARTICLE 4 - CREATING A USER ACCOUNT

The Administrator must initially create a free Account by completing the registration form with his or her professional email address, first and last name, business telephone number, and the address of the Subscriber represented, and by choosing a password following the instructions provided on the Site. This Account will enable the Administrator to subscribe online to a contract with TAG INSIGHT on behalf of the Subscriber.

To access the Solutions offered online via the Site, each User duly authorized under the Software subscription taken out by the Subscriber with TAG INSIGHT must have an Account.

During Account creation, the User is required to provide personal details essential for the effective operation of the Solutions (surname, first name, position in the company, professional email address, etc.). The User must use their professional email address as a login and set their password according to the instructions provided on the Site.

Users must utilize the Identifiers thus chosen each time they connect to the Site.

The Administrator and Users are obliged to provide accurate, current, and complete information during the registration process and to keep their Account information updated. TAG INSIGHT is not liable for any erroneous or fraudulent information provided by the Administrator and/or Users on the Site.

Users are responsible for maintaining the confidentiality and security of their Login Information and must not disclose it to any third party. Users must immediately notify TAG INSIGHT if they suspect or know that their Login Information has been lost, stolen, misappropriated, or compromised in any way, or in the event of any actual or suspected unauthorized use of their Account. Users are accountable for all activities conducted through their Account, unless they have not authorized such activities and have not otherwise been negligent (such as by failing to report unauthorized use or loss of their Credentials).

ARTICLE 5 - USE OF THE SOFTWARE BY USERS

Users are responsible for complying with all laws, rules, and regulations applicable to their use of the Site and Solutions offered on the Site.

Users agree not to:

  1. Transmit, publish, distribute, record, or destroy any content of the Site and/or the Software in violation of legislation concerning the collection, processing, or transfer of personal information.
  2. Disseminate data, information, or content that is defamatory, insulting, obscene, offensive, violent, inciting violence, or of a political, racist, or xenophobic nature. In general, any content contrary to the laws, regulations in force, or accepted standards of behavior is prohibited.
  3. Reference or create links to any content or information available on the Site without TAG INSIGHT’s express prior written consent.
  4. Use information, content, or data present on the Site to offer a service competitive with the Site.
  5. Sell, exchange, or monetize information, content, or data from the Site or services offered by the Site without TAG INSIGHT’s express written consent.
  6. Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to obtain the source code related to any underlying intellectual property used in providing all or part of the Service.
  7. Use manual or automatic software, devices, robots, or other means to access, explore, extract, or index any page of the Site.
  8. Endanger or attempt to endanger the Site’s and/or Software’s digital security, including monitoring, scanning, or testing the vulnerability of the system or network, or breaching security or authentication measures without express prior authorization.
  9. Counterfeit or use TAG INSIGHT’s logos, trademarks, or any other elements protected by intellectual property rights.
  10. Simulate the appearance or operation of the Site, such as by using a mirror effect.
  11. Disrupt or interfere, directly or indirectly, with the Site and/or the Software, impose a disproportionate load on the Site’s infrastructure, or attempt to transmit or activate computer viruses through or on the Site.

Users are reminded that violations of system or network security may lead to civil or criminal prosecution. TAG INSIGHT will investigate such violations and may involve law enforcement authorities in prosecuting Users involved in such violations.

TAG INSIGHT cannot be held responsible for any fraudulent, unauthorized, or illegal use of the Solutions offered on the Site.

TAG INSIGHT reserves the right to suspend or delete any Account that does not comply with these Terms of Use.

ARTICLE 6 - TECHNICAL ASSISTANCE

When using the Software, Users have access to a free support center, which can be reached by email at contact@taginsight.com.

TAG INSIGHT commits to responding to Users as promptly as possible.

ARTICLE 7 - INTELLECTUAL PROPERTY

The Site and the Software are protected by copyright and database rights. Any partial or total reproduction of the Site and/or the Software, including any copy of texts, visual elements, or designs, is prohibited. TAG INSIGHT is and remains the owner of the tangible and intangible property rights relating to all elements of the Software, the Site, and the Solutions. These TOU do not grant Users any ownership rights to the Site and/or the Solutions.

Any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, whatever the means or the process used, is prohibited, except with prior written authorization. Any unauthorized use of the Site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code, or articles L.713-2 et seq. of said Code in the case of registered trademarks.

ARTICLE 8 - LIABILITY

8.1. USER RESPONSIBILITY

Subscribers and Users act under their sole and entire responsibility.

Thus, TAG INSIGHT is not responsible for the data entered on the Site by the Subscriber and/or Users, nor for the contractual relations between the Subscriber and Users and/or the Subscriber’s own customers.

8.2. LIABILITY OF TAG INSIGHT

TAG INSIGHT makes every effort to ensure that the Site and Solutions are available 24 hours a day, 7 days a week. However, access to the Site or the Solutions may be interrupted as part of maintenance operations, hardware or software upgrades, emergency repairs to the Site, or as a result of circumstances beyond TAG INSIGHT’s control (such as, for example, a failure of telecommunications links and equipment).

TAG INSIGHT undertakes to take all reasonable measures to limit such disruptions, insofar as they are attributable to TAG INSIGHT.

Users acknowledge and agree that TAG INSIGHT assumes no responsibility to them for any unavailability, suspension, or interruption of the Site or Solutions and shall not be liable for any direct or indirect damages of any kind resulting therefrom.

TAG INSIGHT is subject only to an obligation of means and not of result.

ARTICLE 9 - PERSONAL DATA

All personal data transmitted by the Subscriber and/or Users or collected on the Site are processed in accordance with the Site’s Privacy Policy, which is accessible at all times on the Site.

The Site’s Privacy Policy explains, among other things, what types of personal information TAG INSIGHT collects, how and why TAG INSIGHT uses this information, under what conditions TAG INSIGHT shares this information with its partners or third parties, how long TAG INSIGHT keeps this information, what rights the persons concerned have in relation to this information, and how to exercise these rights.

When browsing the Site, TAG INSIGHT is responsible for processing personal data.

When using the Software, TAG INSIGHT acts as a processor of personal data in the name and on behalf of the Subscriber, who is the data controller.

ARTICLE 10 - MISCELLANEOUS PROVISIONS

10.1. Severability of Clauses

Should one or more of the provisions of these TOU be declared null and void or without object by virtue of a legislative or regulatory provision in force and/or a court decision having the force of res judicata, they will be deemed unwritten and will not entail the nullity of the other provisions. In such a case, the nullified stipulations will be replaced by valid stipulations corresponding to the spirit and purpose of the present contract.

10.2. Tolerance

No tolerance, even if repeated, shall constitute a waiver of any of the stipulations of the TOU.

10.3. Applicable Law

These TOU are subject to French law, to the exclusion of any other legislation.

10.4. Disputes

In the event of a dispute concerning the validity, interpretation, and/or execution of the TOU, an amicable agreement, in particular through mediation, will be preferred before any legal action.

In the absence of an amicable agreement, all disputes or litigation will fall under the exclusive jurisdiction of the Paris courts, notwithstanding multiple defendants, incidental claims, intervention, or warranty claims.

10.5. Amendments to the TOU

TAG INSIGHT reserves the right to modify the TOU, the functionalities offered on the Site, or the operating rules of the Service at any time.

The modification will take immediate effect as soon as the TOU are put online and will usefully inform Users by any means. Continued use of the Site after User notification presupposes unreserved acceptance by the User concerned of the new TOU thus notified.