TERMS AND CONDITIONS OF THE SWAPASAP PLATFORM
The SWAPASAP Platform, accessible via internet at www.swapasap.com (hereinafter the "Platform"), is a tool which allows any registered member (hereinafter the “Users”) either directly or through an affiliate entity such as a company, association, school, or other legal entity which contracted with SWAPASAP (hereinafter the "Affiliate Entities") to post advertisements online for property and service exchanges in order to enable them to carry out inter-family free of charge language exchanges whether it be:
"Ads": means the proposals for exchange of property or services and/or language exchanges, posted by the Users on the Platform, having chosen the Content themselves.
"Content": means all information, images, photographs, Advertisements posted on the Platform.
"Personal Data": identified under article 2 of n°78-17 of 6 January 1978 relating to data, files and freedoms, as amended (hereinafter “French Data Protection Law”) “any information relating to a natural person who is identified, directly or indirectly, by reference to an identification number or to one or more factors specific to them”.
"Dedicated space": means the space reserved for an Affiliate Entity of users on the Platform.
"Redemption Period": means a period of three (3) months after deleting the data or a User account during which time the User account and its content is retained by SWAPASAP, but is no longer accessible on the Platform.
"Processing": identified under article 2 of the French Data Protection Law “any operation or set of operations in relation to such data, whatever the mechanism used, especially obtaining, recording, organizing, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, dissemination or otherwise making available, aligning or combining, blocking, deleting or destroying.”
"Users": means any person registered directly on the platform.
"Global Community": the space in which dwell all users of the platform, except for users solely registered to an Affiliate Entity’s dedicated space.
Purposes of the T&C
The present T&C aim to establish the conditions for the provision and use of the Platform with which the Users undertake to comply when registering, publishing Advertisements, consulting published Advertisements and contacting the issuer of an Advertisement in order to organize the exchange (hereinafter the “Services”). By using the Platform, the Users acknowledge that they have read and understood these T&C and accept to them without reserve. In case of refusal of the T&C, the User must not access, nor use the Platform. The present T&C constitute a legally binding contract enforceable against the Users.
CHAPTER 1. ROLE OF SWAPASAP
The role of SWAPASAP is limited to the technical provision of the Platform.
SWAPASAP does not intervene in any way in the contractual process between Users relating to the provision of Services (hereinafter the “Contracts”) and in particular:
In this respect, these T&C specify that the descriptions of commitment that are on the Platform are available to Users for information purposes only. Indeed, it is important for SWAPASAP to recognize, as far as possible, a freedom of exchanges for the Users.
SWAPASAP is not the owner or the manager of the properties displayed on the Platform.
All the Advertisements published by and all the Contracts made between the Users are their sole responsibility.
SWAPASAP is not required to ensure the accuracy or the updating of the information and/or Advertisements published on the Platform by the Users.
The Users are required to update their own Advertisements.
CHAPTER 2. USERS BEHAVIOUR
Users undertake to use the Platform and/or the Platform Content only for their personal needs and to comply with the present T&C, in particular regarding the “Rules of Good Conduct”, which are established by the terms specified in this chapter.
It is expressly forbidden to use the Platform and/or Platform Content for any purpose other than for the User’s personal and non-commercial use. Only users who belong to/or are members of the Affiliated Users Entity are allowed to use the Platform.
- Usernames and Passwords
- Platform Contents
Each User will create his or her username when registering. The username could be his or her first name, last name or a pseudonym. The User acknowledges that by entering his or her last name as a username, this information will be accessible to other Platform Users viewing his or her advertisement.
It is each User’s responsibility to ensure the security and strict confidentiality of their usernames and passwords. Users are advised to choose a secure password (it is therefore recommended that the password have at least 8 characters, including lowercase and uppercase letters as well as numbers).
In case of loss and/or theft of the password, the user can request a new password to be sent directly to the Platform by clicking on "Request New Password" in Connection.
When registered through an Affiliate Entity, users will be assigned a unique access code when they first connect to the platform. The User agrees not to disclose this unique access code to any third party.
The Users are solely responsible for the Contents that they publish.
The User acknowledges and accepts that it is difficult to ascertain with certainty the identity of other Platform Users as well as the accuracy of the Contents that they publish.
Each User is therefore encouraged, using the tools available to them on the Platform, to communicate with the other Users whose Advertisements interest them before entering into a Contract and always check which Affiliated Users Entity the User is connected to (particularly regarding their professional email address).
Article 2. The means
The User is personally responsible for setting up computer and telecommunications resources to access the Platform and acquiring the necessary knowledge to use the Internet and the Platform.
Connection and equipment fees related to Internet access and use of the Platform are the sole responsibility of the User or the Affiliated Users Entity.
In addition, the User acknowledges having secured the computer configuration used to access the Platform, especially by using an anti-virus.
Article 3. Rules of Good Conduct
Each user undertakes to use the Platform with respect and courtesy. Users undertake not to:
By recognizing the global nature of the Internet, each User undertakes to comply with all the local and international rules and procedures related to online conduct and acceptable content, including without limitation all applicable laws concerning the transmission of data, in particular technical data.
Article 4. Duration, termination and / or suspension of use
SWAPASAP reserves the right, at any moment and for whatever reason, to end, without notice, the User’s use of the Platform or any or all services provided by SWAPASAP for any conduct that violates these T&C, without prejudice of any damages that SWAPASAP may claim from the User in case of non-compliance with the present.
Users members of an Affiliate Entity benefit from the period prescribed by the terms of the Affiliate Entity’s binding with SWAPASAP. Users who are no longer members of the Affiliate Entity for any reason will be automatically transferred to the Global Community of SWAPASAP. These users may alternatively have their account be deleted either by logging onto the Platform and accessing the Preferences menu, or by sending an email to the following email address: firstname.lastname@example.org.
SWAPASAP is committed to replying to these requests within a reasonable delay.
Article 5. Content published by Users
The Users are responsible for the Contents that they publish on the Platform. In this respect, they will ensure that their data and Advertisements are up to date. SWAPASAP cannot be held responsible for damages suffered or harm caused as a result of the publishing and/or lack of updating of the User Content.
The Platform offers Users open comment areas in order for them to introduce themselves, introduce their family and to promote exchanges between Users. In this respect, Users will respect the Rules of Good Conduct and refrain from publishing any information which would be inappropriate with regards to the purpose of the Platform, or which would cause any type of harm or would be likely to affect the image or the reputation of third parties or other Users.
Users are able to post photographs on the Platform in order to supplement the presentation of their accommodation, of their family or their children within the framework of an Advertisement or linguistic exchange.
The User acknowledges that he or she is the holder of the rights on the photographs, that he or she has obtained the consent of the persons in the photographs and ensures that they do not infringe the rights of third parties, including without limitation by publishing information or representation of third parties.
When posting photographs of accommodation, the User must be careful to avoid publishing any images or information which go against the Rules of Good Conduct.
In the case of the Users wishing to prevent disclosure of their identity, of their personal data and those of their family, it is advisable to refrain from publishing any photographs or information likely to identify them or identify members of their family (such as a sign showing their address, or a name/number on a letterbox, etc…).
Otherwise, the User acknowledges to have voluntarily chosen to publish the information allowing identification from the exchange Advertisement and by publishing such photographs or information thus faces the consequences.
Article 6. Respect of the French Data Protection Law
The User undertakes to respect the clauses of the French Data Protection Law, violation of which is liable to criminal penalties. Thus, the User shall refrain from any processing of Personal Data that they may have obtained from the Platform and in particular any collection of Data, any misuse and any act likely to infringe the privacy or reputation of others.
CHAPTER 3. PERSONAL DATA
The Processing of Personal Data carried out within the framework of the Platform is performed by SWAPASAP and has been the subject of CNIL declarations (French data protection authority).
Article 7. Method of collecting Personal Data
Personal Data is collected by SWAPASAP:
The mandatory fields to be filled in on the various forms posted on the Platform, regarding User registration, editing of the User’s account and using the Platform Services, are identified with an asterisk. In the absence of such mandatory information, the User account cannot be created and they can therefore not use the Platform.
The User acknowledges that the User profiles which are complete have a greater chance of finding an exchange quickly.
Article 8. Collecting Personal Data
SWAPASAP, by means of the Platform, collects Personal Data directly from the User such as their first and last names, professional and home address, email address, login details (IP and usernames), their photograph, or photographs of their accommodation (when these photos identify the User by any means).
In addition, SWAPASAP collects, by means of or via the Platform, both directly and indirectly (the User as the intermediary), Personal Data regarding the following members of the User’s family:
When the User fills in the Personal Data information about members of their family, they acknowledge having obtained their consent and having previously informed them of their entry on the Platform, and their rights as set out in article 7 “Right of Access, Rectification and Opposition” of the present chapter.
Concerning photographs posted and the open comment areas, details about the behavior that Users should adopt in the publishing of such data are listed in article 5 of chapter 2 of the present T&C.
Article 9. Purpose
The purpose of the Processing of Personal Data carried out by SWAPASAP through the Platform is to enable the registration of users for purposes of language exchanges between users or their children.
Article 10. Protection of User Identity
The User can keep his or her identity confidential (first and last name) by entering a pseudonym as his or her username.
The use of a pseudonym by the Users allows them to publish Advertisements with a view to carrying out an exchange, while limiting the disclosure of their identity, and should not have any other purpose, in particular any which would be illegal or contrary to the “Rules of Good Conduct” listed in the present T&C.
Users therefore choose only to reveal their identity with one another once contact is established with a view to carrying out an exchange.
The Users who are in contact with each other can consult their respective profiles directly on the Platform.
Article 11. Retention period of the Collected Data
The Personal Data collected is retained for the time required to carry out the purpose listed in article 3 of the present Chapter 3.
Regarding the users belonging to an Affiliate Entity, the personal data collected is kept for the duration of the contractual relationship between the User and their Affiliate Entity, it being understood that the period of data retention cannot exceed the duration of the contractual relationship between the User’s Affiliate Entity and SWAPASAP excluding the redemption period. At the end of the contractual relationship with the Affiliate Entity, SWAPASAP reserves the right to contact users of Affiliate Entities which are no longer clients to offer them the possibility of joining the Global Community of SWAPASAP.
Regarding users who have left the Affiliate Entity or not belonging to any Affiliate Entity the retention period of User data is directly related to the maintenance of the contractual relationship between SWAPASAP and Users.
However at the end of data retention period, for any possible reason, the User's account will be placed in redemption period for one (1) month before the final removal.
Accounts of the members of an Affiliate Entity will be placed in Redemption Period in the event that the account has not been used for a period of two (2) years. After this redemption period account will be permanently deleted. The login information will in any event be kept for a period of one year.
Article 12. Validity of Personal Data Provided
The User undertakes:
Article 13. Right of Access, Rectification and Opposition
In accordance with the clauses in articles 38 to 40 of the French Data Protection Law, the User has a right of access and rectification of his or her Personal Data that is processed by SWAPASAP, as well as a right of opposition for legitimate reasons to the Processing of Personal Data.
Requests for the exercise of these rights may be made by the User or every person concerned by the data processed (family members included on the profile, heirs of the User, former User) by following one of the procedures below and providing proof of identity (e.g. copy of passport or ID card):
SWAPASAP undertakes to respond to these requests within a reasonable time.
Article 14. Right to be Forgotten
SWAPASAP undertakes to respect the Right to be forgotten of the Personal Data collected on the Platform.
The Personal Data is therefore deleted upon the occurrence of one of the following events:
However, in order to prevent accounts being deleted by mistake, SWAPASAP keeps a copy of each User account and the Personal Data associated with it during the Redemption Period, after deletion, in order to enable Users to retrieve their entire account if they request to do so during the Redemption Period: via email@example.com. Throughout the Redemption Period, the data and Advertisements published by this account are no longer accessible on the Platform. At the end of the Redemption Period, the account’s Data will be permanently deleted by SWAPASAP. For this reason, SWAPASAP does not accept any liability for the loss of such Data.
Article 15. Recipients
Personal Data collected by SWAPASAP will not be passed on to partners or third parties except within the operational framework of the Platform and its services.
CHAPTER 4. INTELLECTUAL PROPERTY
Article 16. Property of the Platform
The Platform is the property of SWAPASAP.
It is protected by intellectual property rights.
All use of the Platform which violates the present T&C and/or that has not been expressly permitted is prohibited.
It is also prohibited to:
Therefore, any total or partial reproduction and/or representation of this Platform, without the prior written consent of SWAPASAP is prohibited and constitutes an infringement which is sanctioned by the Code of Intellectual Property.
The User acknowledges that any violation of these rights is harmful to SWAPASAP, particularly in terms of harming the image of SWAPASAP.
Article 17. Intellectual property rights of the Platform
All trademarks, logos and other distinctive signs that appear on the Platform are the exclusive property of SWAPASAP or a partner company of SWAPASAP, excluding logos, trademarks and other distinctive signs of the Affiliated Users Entity.
Any use, in any way whatsoever, of these trademarks and/or logos and/or any other distinctive signs is subject to the prior written authorization of SWAPASAP or any other holder of the relevant intellectual property rights.
The User acknowledges the rights of SWAPASAP and any other holders on these distinctive signs and is prohibited from making any use of them and generally from damaging the intellectual property rights of SWAPASAP and any partner company.
The User acknowledges that any violation of these rights is harmful to SWAPASAP and for other holders, particularly in terms of harming the image of the latter.
The User is informed that in the case of infringement of their intellectual property rights, SWAPASAP or holders of such intellectual property rights in the case of a third party, can implement any actions or measures, including legal action to stop this infringement of their intellectual property rights and reserves the right to claim damages for infringement and violation of their intellectual property rights.
Article 18. Property of User Contents
Users have ownership rights over the Contents they put online and of which they are responsible.
Users acknowledge and accept:
The User guarantees that the Contents do not infringe any third party rights and guarantees SWAPASAP against any third party action.
Similarly, the User guarantees that the Contents posted online are neither immoral nor illegal. In this way, the User acknowledges having been informed that SWAPASAP reserves the right to modify and/or remove the User Contents without notice and justification if the Contents posted are immoral or illegal, as soon as SWAPASAP is aware of such Contents.
Article 19. Hypertext Links
The creation of any links to the Platform, any framing of the Platform, and more generally any use of elements comprising the Platform is subject to the prior written authorization of SWAPASAP which can be revoked at any time, at their sole discretion. SWAPASAP reserves the right to (i) request the removal of any link to the Platform that was not, or is no longer authorized and (ii) claim damages as compensation for the harm done as a result.
The Platform provides links to other websites and other Internet resources. Insofar as SWAPASAP cannot control these sites and external resources, SWAPASAP cannot be held responsible for the availability of these external sites and resources, and cannot accept any responsibility for the content, advertising, products, services or any other information or materials on or available from such external sites and resources. In addition, SWAPASAP cannot be held responsible for any damage or loss or alleged consequential damage or anything related to the use of or from having trusted the content, goods or services available on such external sites or resources.
CHAPTER 5. GENERAL CLAUSES
Article 20. Responsibility
- Responsibility regarding the Use of the Platform
The User acknowledges using the Platform and the Platform Services under their sole responsibility. Regarding the usage of the website by minors, Users acknowledge and accept to control, under their sole responsibility, website usage by minors under their responsibility including their own children, by monitoring their connection, registration, transmission or communication of any Data about themselves or a family member. The User accepts to use the Platform and the Services at their own risk and peril, in compliance with all legal obligations vis-à-vis the people for whom they are responsible.
SWAPASAP therefore cannot be held responsible for any damage whatsoever that any User may suffer as a result of such use and in particular due to any damage whatsoever that any User, members of their family, or their property may suffer as a result of their relationships with other Users on the Platform. The User acknowledges and agrees that the exchanges related to the Platform's Services take place between Users of the same Affiliate Entity or from users belonging to no Affiliate Entity.
The information on the Platform is put online by Users for informational purposes. The Contents of the Platform do not constitute advice and/or a recommendation. The User must exercise discretion with respect to the Contents on the Platform.
SWAPASAP’s responsibility shall in no event be liable for any errors, changes, non-compliance with the information regarding exchanges offered through the Platform, including but not limited to the non-conformity of photographs and/or presentations, no availability of information andor the Platform Services and/or the presence of viruses on the Platform.
SWAPASAP is not bound to any warranty of any kind, either expressed or implied, especially concerning the integrity, accuracy, currency of the information, non-infringement, availability, reliability, quality or completeness of the information and/or the Platform Services or it’s suitability for the User’s intended use.
Furthermore, SWAPASAP DISCLAIMS LIABILITY FOR INDIRECT DAMAGES, WHATEVER THEIR CAUSE, ORIGIN, NATURE OR CONSEQUENCES MAY BE, OR THE RELATIONSHIP BETWEEN USERS, INCLUDING BUT NOT LIMITED TO, AS PART OF THEIR CONTRACTUAL RELATIONSHIP, LOSS OF DATA OR ANY OTHER LOSS OF TANGIBLE OR INTANGIBLE PROPERTY THAT MAY ARISE THROUGH ANYONE’S ACCESS TO THE PLATFORM OR THE INABILITY TO ACCESS IT OR RELIANCE ON ANY TYPE OF INFORMATION WHICH COMES DIRECTLY OR INDIRECTLY FROM THE LATTER, ITS SERVICES OR ITS USE.
The password chosen by the Users is their sole responsibility. It is the User’s responsibility to protect their Data from the risks associated with the Internet. The Users will use their professional email address as their contact email address, or the email that they are identified with by the Affiliate Entity. Once the User is identified, he or she can change this email address for another email address of choice.
The User acknowledges the specific constraints of the internet and accepts that SWAPASAP cannot provide a total guarantee of data security.
SWAPASAP cannot be held liable for malfunctions in the network and/or the server and/or any event that might escape its reasonable control.
Article 21. Bookmarks
Users have the ability to make a list of their favorite advertisements by clicking on the "Favorites". This list of bookmarks enables them to do a preliminary screening with a view to carrying out an exchange. This selection is unique to each User, insofar as the User who posted the advertisement will not be aware of such a selection.
Article 22. Cookies
While using the Platform, a cookie may be automatically installed on the User’s browser. The cookie is used to collect information regarding the User’s navigation on the Platform.
The browser settings can be used to inform the presence of cookies and to refuse them. However, some features of the Platform cannot be used if the User refuses to install them.
For more information on cookies and their use, the User may consult the CNIL records.
The User has a right of access, rectification and opposition of the Personal Data provided via cookies through:
Article 23. SWAPASAP’s obligations regarding minors
SWAPASAP does not knowingly solicit Personal Data from minors. Minors are not included in the target Users. However, the User is able to find out Personal Data information regarding children, specifically in the context of a linguistic exchange. As such, SWAPASAP reminds users that their consent will be required in the event that their minor child, or any minor under their responsibility, were to take part on a language exchange, including ones organized by the means of a school assignment.
Users are therefore responsible for their own User profile, as well as those of their minor children and/or any other minors under their responsibility, and will monitor its use by their children or by other minors in their care.
SWAPASAP acknowledges that the protection of children online is important. The parents’ responsibility is particularly important in this area.
Article 24. Force majeure
Force majeure, as defined by the present T&C, will be interpreted in accordance with the jurisprudence of French courts and tribunals.
SWAPASAP cannot be held liable for anything caused by an event of force majeure as defined by the law and jurisprudence of French courts and any event beyond their exclusive control.
Article 25. Modifications
SWAPASAP reserves the right to modify and update the T&C without notice. To be informed of any such changes, SWAPASAP advises the User to review the T&C regularly. The use of the Platform is subject to the T&C in effect at the time of use.
Article 26. Entire agreement
In the event that one of the clauses of the present T&C is held to be invalid due to a change in legislation, regulations or by a court decision, this does not in any way affect the validity and compliance of the remaining clauses of the T&C which will remain in full effect.
Article 27. Applicable Law and Jurisdiction
The present T&C are governed by the French Law.
THE COURTS OF PARIS SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY DISPUTE CONCERNING THE EXISTENCE, THE INTERPRETATION, IMPLEMENTATION OR THE BREACH OF THE T&C CONCLUDED BETWEEN SWAPASAP AND THE USER, EVEN IN THE CASE OF MULTIPLE DEFENDANTS, IN THE ABSENCE OF A MUTUAL AGREEMENT. THIS ATTRIBUTION OF JURISDICTION APPLIES NOTWITHSTANDING A PLURALITY OF DEFENDANTS OR GUARANTEE APPEAL, AS WELL AS FOR EMERGENCY PROCEEDINGS OR PROTECTIVE PROCEEDINGS FOR INTERIM MEASURES OR REQUESTS.
Article 28. Language
The proposed language for the present T&C is French.
These Terms and Conditions were translated into English only for informational purposes. Only the French version is guaranteed and will prevail over all other versions. Accordingly, SWAPASAP cannot be held responsible for any mistranslation or contradiction of these General Terms and Conditions with the French version.