General conditions

Welcome to www.signal-spam.fr (hereinafter the "Site"), the first European site for the active and participatory fight against spam, proposed by the French association Signal Spam, the result of a public-private partnership against unsolicited messages sent via electronic communications networks.

1. APPLICABLE LAW
The Site is subject to French law. Any use made of the Site must be in accordance with French law and will be deemed to have taken place on French territory. Any access to and/or use of the Site implies express and unreserved acceptance of these general conditions of use.

For purposes hereof, the terms "you", "your", "user", and "member" shall mean any person who views, has attempted to view, or has viewed any material of any kind on any html page accessible through the primary domain name of the Site as set forth above.

2. SITE EDITOR
The Website is published by Signal Spam, a French association governed by the law of 1 July 1901 and registered with the Préfecture de Police de Paris on 9 June 2006.

The association is located at 8 rue du Faubourg Poissonnière 75010 Paris. The director of the publication of the website is Mrs Minh ha Nguyen, Secretary General of Signal Spam.

The Site is hosted by the company OVH located at 2, rue Kellermann, 59100 Roubaix.

3. CHANGES TO THE GENERAL CONDITIONS OF USE
Signal Spam may modify or change the pages of the Site or these terms of use at any time. These modifications will come into force as soon as they are posted on the Website, without prejudice to the right of any User to close his Account. Otherwise, the User is deemed to have accepted these modifications by continuing to use the Site. Users are therefore invited to consult the version constantly online on the Site.

4. OWNERSHIP AND SECURITY
The contents of this Site, in particular, and without this list being exhaustive, the architecture, texts, photographs, illustrations, software, etc., are the property of Signal Spam, its technical service providers or its licensors. All rights of use are reserved.

In accordance with article L.122-4 of the Intellectual Property Code, any representation or reproduction not expressly authorised, in whole or in part and by any means whatsoever, is illegal and constitutes an infringement of copyright punishable by articles L.335-2 et seq. of the Intellectual Property Code.

Furthermore, the use of any process or method, individually or collectively, with the purpose or effect of hindering or attempting to hinder the normal operation of the Site, in particular to slow down its performance, its functionalities or its accessibility by other users, to penetrate or attempt to penetrate the information systems and programmes making up the Site, the database of the Site's Members, or that of the messages posted, by any means whatsoever (denial of service, fraudulent penetration and maintenance, etc.), is likely to result in the civil and criminal liability of the user concerned, in particular pursuant to Article 323-1 et seq.), is likely to lead to the civil and criminal liability of the user concerned, in particular in application of article 323-1 and following of the French Penal Code.

You agree and acknowledge that the SIGNAL SPAM Services and any software ("Software") required to use the SIGNAL SPAM Services include proprietary and confidential information that is protected by applicable intellectual property and other laws or treaties. You also acknowledge that the Content included in the SIGNAL SPAM Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. Except as expressly authorized by SIGNAL SPAM or any other third party rights holder, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works from the SIGNAL SPAM Services, in whole or in part, unless you are acting under express authorization set forth in a separate written agreement.

Subject to the Terms and Conditions, SIGNAL SPAM grants you a personal, non-transferable, non-exclusive right and license to use the object code of its Software, provided that you agree not to (and not to permit any third party to) copy, modify, create a derivative work of, reverse engineer disassemble or otherwise attempt to gain access to the source code by any means, sell, assign, sublicense, grant warranties or otherwise transfer any rights in the Software, unless such activity is expressly required or permitted under applicable law or is expressly authorized in writing by SIGNAL SPAM. You agree not to use any modified version of the Software, including (but not limited to) for the purpose of obtaining unauthorized access to SIGNAL SPAM services. You agree not to access the VERIFROM services by any means other than the interface provided by VERIFROM, designed to access the SIGNAL SPAM services, unless expressly authorized in writing by SIGNAL SPAM under a separate agreement.
Except as expressly authorized by SIGNAL SPAM, you agree not to use, copy, imitate or incorporate any trademark, service mark, distinctive trade dress, company name or product name that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter the distinctive marks of SIGNAL SPAM or the third party companies involved such as copyright notices, trademark notices, or other proprietary rights notices embedded in or accessible through the SIGNAL SPAM Services or the Software.

Your rights

SIGNAL SPAM does not claim ownership or control of any Content that you may have received or authored. At your request, SIGNAL SPAM may immediately and permanently delete any Content that you may have received or authored.

5. LIABILITY AND GUARANTEES
Signal Spam and its directors or employees cannot be held responsible for any damage whatsoever arising from a connection to this Site, except in the event of gross negligence duly proven and established by a final court decision.

5.1 Non-confidentiality of messages sent via the Internet

Insofar as communications via the Internet by e-mail or when accessing an Internet site such as the Site are, by default, not secure, Signal Spam cannot be held responsible for any voluntary or involuntary interception by a third party of one or more messages sent or data provided to Signal Spam by a user of the Site, during their transit via the Internet to the Site or to an e-mail address belonging to Signal Spam mentioned on the Site.

5.2 Hyperlinks to third party sites

Signal Spam may provide links to third party sites independent of the Signal Spam Site. Signal Spam does not edit or control the sources or content of these sites or their links to other sites.

The links to these third party sites do not constitute in any way an approval, validation or adhesion of Signal Spam to the content of these sites, nor an association of Signal Spam with the owners and/or authors, designers, animators, managers or hosts of these sites. Signal Spam cannot therefore be held responsible for the content, products, services, use of personal data in particular, advertising, cookies, computer coding or any other elements of these sites, nor for any damage or loss, proven or alleged, resulting from or related to the use of information, services or data available on these sites.

5.3 Responsibility for the content and services of the Site

The Site allows you to access Signal Spam's services, directly or via the creation of a personal and individual Account; The Site is likely to provide you with information about Signal Spam, its activities and services, those of its partners, as well as information, newsletters on Signal Spam's news, editorial pages and/or online discussion services, where applicable.

This information and services are provided for information purposes only. Signal Spam does not guarantee in any way the relevance, updating or exhaustiveness of the information disseminated and/or the services accessible and shall not incur any liability as a result of this information, suggestions or content or services, nor as a result of decisions taken on the basis or influence of such content or services. Similarly, the answers provided by Signal Spam to questions asked online by a user are provided for information purposes only and do not constitute advice. Consequently, Signal Spam cannot be held liable for them.

Finally, the reports of unsolicited messages made by a user to Signal Spam engage the exclusive responsibility of the user who, by reporting an unsolicited message to Signal Spam, guarantees to have received the said message directly at an e-mail address of which he is the owner and, consequently is authorised to lift from Signal Spam and its partners and recipients of the information processed by Signal Spam, the secrecy of private correspondence sent by electronic communications which is attached to such a message, for the purposes of processing this message by Signal Spam, by technical service providers, associations and public authorities in charge of the fight against spam.

5.4 Guarantees

Signal Spam does not guarantee that the Site, the servers that provide access to it and/or third-party sites accessible by means of hyperlinks from the Site are free of viruses or other components that could cause damage to property or persons.

Signal Spam excludes any express or implicit guarantee as to the use or the result of the use of the elements available through the Site. Signal Spam cannot be held responsible for any loss of data or deterioration of data processed by the user within the framework of the Website and the computer services and resources offered on the Website. Any information or advice provided by Signal Spam shall not be interpreted as any guarantee likely to engage the responsibility of Signal Spam.

6. PERSONAL ACCOUNT
Insofar as the Site allows you to create and/or access a section that is personally reserved for you, this requires prior registration and the creation of an Account that can only be accessed by indicating confidential codes (hereinafter the "Identifier") consisting of an Account name and a password chosen by the user when creating his/her Account.

6.1 Creating a personal account

A user has a Personal Account and becomes a Member of a Signal Spam service when he/she has successively :

filled in an Account opening form, indicating a valid e-mail address of which he/she is the owner and providing sincere, complete, reliable and accurate information,
approved the present general terms and conditions of use of the Website and/or Signal Spam's services for which he wishes to have a personal Account, and that Signal Spam has acknowledged receipt by e-mail of the opening of his Account.
Following the creation of the Member's Account, the Member receives an e-mail acknowledging the formation of his contract with Signal Spam and the opening of his Account. Access by the Member to his Account requires the use of his Identifiers chosen by the Member and confirmed by e-mail by Signal Spam.

6.2 Conditions for being a Member of a Signal Spam service

Membership is reserved for legal entities as well as for natural persons aged at least 18 years and having legal capacity and having an electronic mail account provided by a service provider established on French territory. Any natural person under the age of 18 wishing to become a Member must obtain prior authorisation from a parent or guardian to become a Member. Signal Spam reserves the right to ask for proof of this authorisation and to suspend or close, without notice or incurring any liability whatsoever, any Member's Account that proves to be a minor in the absence of proof of this authorisation. Similarly, Signal Spam may close the Account of a Member who does not comply with these General Terms of Use under the same conditions.

By clicking on the validation button on the Account opening form, the user/Member certifies that he/she is authorised to use the Site and his/her Member Account in compliance with these general conditions and the applicable laws and regulations.

6.3 Managing your personal and confidential login

The Identifier that allows a Member to access his or her personal Account constitutes personal and confidential information. The use of a Member's Identifier is the exclusive responsibility of that third party and the disclosure of this Identifier to any third party is strictly prohibited. In this respect, the Member undertakes to take all necessary measures to ensure and preserve the confidentiality of its Identifier.

Any access to the user's Account, the use of this Account as well as any operation carried out via this Account, carried out by means of a Member's Identifier, shall be deemed to have been carried out by the Member itself. Without prejudice to the foregoing, the Member undertakes (i) to inform Signal Spam without delay of any unauthorised use or knowledge by a third party of its Identifier and of the circumstances leading to such use or knowledge and (ii) to cooperate actively with Signal Spam to put an end to such unauthorised use or knowledge.

In the event that Signal Spam has reason to believe that an Identifier is being misused or used in a non-compliant manner, and more generally for the purposes of the Site's security, Signal Spam reserves the right, at any time, without prior notice or formality and without this giving rise to any right to compensation for damages, to suspend and/or delete any Identifier, or even any access to the Site via the Identifier concerned. Signal Spam will nevertheless inform the Member by all means of the consequences of such measures.

In the event of a dispute between the parties, the documents, data or information used as a basis for demonstrating proof of any fact resulting from the use or consultation of the Site will be those kept in Signal Spam's electronic archiving system. In particular, Signal Spam keeps the date of creation of an Account and the connection data to the Site, which constitute by mutual agreement the date certain and the technical identifiers for the creation of such an Account between Signal Spam and the user/Member.

6.4 Member's responsibility

The Member assumes full responsibility for all information and content, in whatever form, that it produces and communicates to Signal Spam and its service providers and partners via its Account.

Signal Spam assumes exclusively the role of a passive transmitter for the technical analysis, distribution and transmission of a Member's data. Under no circumstances can Signal Spam be held responsible for the content it distributes at the request and on behalf of its Members. The Member undertakes to ensure that the content he/she produces or communicates to Signal Spam and its service providers and partners via his/her Account, does not violate in any way :

the laws and regulations in force in France, in its country of residence or in the country where this content was intended to be received;
the rights of third parties (in particular intellectual or industrial property rights such as trademarks, designs, models, patents, know-how, rights to image, to privacy, to the protection of personal data, etc.);
In particular, and without this enumeration being considered restrictive, the Member undertakes not to transmit illicit, defamatory, slanderous, or threatening data or data that offends against public decency.

6.5 Duration

Unless otherwise stipulated, a Member's Account is created for an indefinite period. The Member may close his or her Signal Spam account on his or her own initiative at any time from his or her Signalling Area.

For its part, Signal Spam undertakes to give 15 (fifteen) days' notice before closing a Member's Account. However, Signal Spam may close a Member's Account at any time and without notice in the event of a breach by the Member concerned of its obligations under these General Terms of Use.

If there is no activity (reporting) on the account for 1 year, the account and all related data are deleted.

7. Protection of your personal data

7.1 General information

The information collected at the time of registration is necessary for your membership. Your membership gives you access to a dedicated area where you can view information about your spam reports.

The controller is the association Signal Spam, legally represented by its elected President.

The information is subject to computer processing and is intended for the association's secretariat. In application of articles 39 and following of the modified law of 6 January 1978, and of the General Regulation on the protection of personal data, you have the right to access and rectify information concerning you, as well as the right to withdraw your consent.

If you wish to exercise this right and obtain information about yourself, please contact: contact@signal-spam.net.

The address contactdpo@signal-spam.net is also available for all questions relating to the protection of personal data.

You also have the right to lodge a complaint with the CNIL.

7.2 Reporting data

When you report spam, SIGNAL SPAM collects the source code of the spam, as well as the meta-data of the report (timestamp, IP address from which the report originated, etc).

The reports you make to Signal Spam include certain data that may indirectly allow you to be identified, such as the IP address from which the spam report originated. This data is essential for the purposes of fighting spam.

It is intended for companies and public organisations that are members of Signal Spam (whose membership has been validated by the Board of Directors after review of their application) and that are able to use all or part of an alert to take ad hoc action against the specific spam that has been reported.

7.3 International transfers

Signal Spam has IT resources to manage information sharing between actors involved in the fight against spam and cybercrime.

The information recorded is reserved for the use of Signal Spam and may only be communicated to members of the association respecting strict rules of confidentiality and data security and to public authorities.

Some of these recipients are located outside the European Union. These recipients will be provided with the following data: IP address of the sender of the spam, "recipient", "sender", and "subject" fields, information about the domain indicated in the spam. The transmission of this data to recipients outside the European Union is intended to share information useful in the fight against spam and cybercrime with national authorities and Signal Spam's entitled partners.

The following safeguards have been taken to ensure an adequate level of protection of personal data:

The country of the recipient(s) offers an adequate level of protection by decision of the European Commission;

The transfer of data is governed by the standard contractual clauses established by the European Commission;

The transfer of data has been authorised by the CNIL and is governed by internal rules;

The company benefits from one of the exceptions mentioned in article 69 of the law of 6 January 1978, codified in 2004 and then in 2018 to take into account the evolution of the European regulatory framework.

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