Terms and conditions of sale
These General Conditions of Sale are accessible at any time on the website and will prevail, if necessary, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded by the company AD TELA constitute the proof of all transactions.
The validation of the order of services by the Customer, via the online console (expedy.fr/console) or via the WebService API, implies unreserved acceptance of these Terms and Conditions of Sale.
1. Purpose and Scope of these Terms
(1) These Terms and Conditions govern the rights and obligations related to the use of the services of the provider EXPEDY - AD TELA SAS - 12 rue des bons enfants - 76000 ROUEN - FRANCE. registered with the RCS ROUEN - SIRET: 83767873900017 - VAT: FR96837678739.
The company AD TELA is known to its customers under the name "EXPEDY" or "EXPEDY PRINT" (hereinafter: service provider)
(hereinafter: Service Provider), and the user in connection with the use of the service, which is generally made available on the Internet on the EXPEDY websites or other URLs of the service provider.
(2) The Service Provider's service consists essentially of the granting of the ability to use the service via the Internet, on servers within the sphere of influence of the Provider, to which the user, to the extent necessary, receives access and use rights. When using the software as a service (SaaS), the user can enter data and use various functions. EXPEDY services include (but are not limited to) the website, EXPEDY application, mobile applications, blog, newsletters, forum and help section.
(3) A condition for trouble-free use of the service is: a reliable continuous Internet connection to the service provider's servers. It is the responsibility of the customer to establish this connection using his or her own device.
(4) The general terms and conditions of the Service Provider shall apply exclusively. Conflicting terms and conditions or terms and conditions that differ from the terms and conditions provided by the user shall not be recognized by the Service Provider, unless their validity has been explicitly agreed upon in writing. In the event of conflicting conditions, these General Terms and Conditions shall continue to apply.
(5) If the term "the Service Provider's website" is used in the following, then it shall mean the website or websites of the Service Provider, within the framework of which the Service is generally available to the Service Provider on the Internet, within the meaning of paragraph 1.
2. Conclusion of the contract
(1) Unless individually agreed otherwise, a contract can only be concluded after the registration process has been completed by a confirmation of the Service Provider to the user in writing by e-mail or by the provision of the Service.
(2) The user has the possibility to print the text of the contract from the website, during the registration process, and before the conclusion of the contract.
(3) The user is not entitled to conclude a contract. The Service Provider is free to reject any offer by a user to conclude a contract without giving any reason.
(4) By registering for the services provided on any of the EXPEDY websites, you accept and agree to the Terms of Subscription ("the Terms") described below, including your consent to the processing and sharing of your personal data, necessary to provide the EXPEDY service to you and always in compliance with all data protection legislation.
(5) In order to use our services, you must fully accept the Privacy Policy and the Terms and Conditions. You agree that you have read and understood the terms and conditions and the privacy policy upon acceptance.
(6) The prerequisite for registration is that the user is fully legally competent, has a minimum age of 18 years and is an entrepreneur, self-employed person or business owner and uses the services exclusively for business purposes. Minors are not allowed to register. In the case of a legal entity, the registration must be made by a natural person who has unlimited legal capacity and is authorized to represent.
3. Services of the Service Provider
(1) These General Terms and Conditions of Business apply, without restriction or reservation, to all services offered by AD TELA on its website www.expedy.fr/console, relating to the provision of the following services
EXPEDY TMS (Transport Management System) to increase the speed of processing an order, facilitate collections, and creation of transport label and tracking of packages.
EXPEDY COURIER, a courier application that manages deliveries, tracking and API interconnection with other computerized systems.
3.EXPEDY SHOP, online store solution, for merchants, create and manage their online store.
4.EXPEDY PRINT (Printer-Point.com), a remote management solution for connected printers (IOT).
5.EXPEDY MOBILE, SMS sending solution (notification and marketing) and M2M SIM card packages for connected objects.
(2) The content and scope of the services are governed by the respective contractual agreements, and exclusively according to the functionality of the service described in the conclusion of the contract on the website of the service provider.
(3) The Service Provider may offer test versions in the form of test access. During the specified test period, the use of the service is free of charge. If the user wishes to continue using the services after the end of the test period, a chargeable contract is required.
(4) The services provided by the Provider include, among others, the areas of "transport label creation" and "online store creation", which can be offered for a certain period of time within the framework of a "subscription".
(5) Only the respective user is entitled to use the service. A transfer of the user account to third parties or any other use option offered by the user to third parties is forbidden and entitles the service provider to an extraordinary termination, or unless specially authorized a billing for account transfer.
4. Duties of the user
(1) The user is obliged to provide truthful information about himself or his company in connection with the use of the service.
(2) When using the service, the user is obliged to comply with the applicable laws and to refrain from any activity that unduly impairs or degrades the functioning of the service or the underlying technical infrastructure.
(3) The user is not allowed to pass on his/her login data to third parties. The user is obliged to handle his login data with care and to prevent any misuse of the login data by third parties.
(4) The user shall be solely responsible for compliance with his maintenance obligations. He shall ensure that his documents and data are legal and that the financial authorities have access to these documents.
5. Notice of right of revocation
(1) The Service Provider offers its services exclusively to entrepreneurs and companies.
(2) There is no right of revocation for any intended use of the services provided by the service provider.
6. Duration of the contract
(1) The subscription begins with the conclusion of the contract and lasts indefinitely.
(2) All test access ends automatically at the end of the respective test period. No special notification is required for test access.
7. Prices and Payment Terms, Account Blocking, Account Deletion and Price Adjustments
(1) The Service Provider offers its services in various free and fee-based variants. The agreed prices can be found in the currently valid price and payment conditions.
(2) Payment for a paid subscription is made bi-monthly, monthly or annually, depending on the duration of the contract offered, by direct debit (SEPA). The billing period shall run one month or one year in advance, starting from the date on which the user registers for the paid version. The Service Provider reserves the right to introduce the possibility of purchasing subscriptions for different periods (e.g. quarterly) or to introduce related services offering other billing models (e.g. use of a service in one go).
(3) The right to payment of the respective usage fees becomes due immediately upon receipt of the invoice and will be deducted from the bank account (in countries where this is available) on a bi-monthly, monthly or yearly basis, until the subscription agreement is terminated.
(4) EXPEDY reserves the right to replace the billing entity with another AD TELA subsidiary, as required.
(5) There shall be no refund of monthly or annual fees in the event of premature termination by the user. Upon termination of the contract, the product version can be used in full until the end of the contract period.
(6) If the monthly or annual subscription fee cannot be debited from the bank account in time, e.g. due to insufficient funds, the user's access to the services can be suspended. Upon receipt of payment, access to the system will be reinstated. The cost is € 20.00 per rejected charge and will be charged to the user.
(7) If the account is deleted by the user before the end of the contract, this account will be inaccessible immediately after deletion. In this case, even if a new account is created, the remaining installments cannot be refunded or credited to a new account. The non-refundability of the remaining amounts also applies in the event of exceptional and lawful termination by the Service Provider for non-contractual use of the Services.
(8) The user agrees that e-mail (using an e-mail address provided by the user) may be used as a means of sending invoices and payment reminders.
(9) The Service Provider has the right to change the agreed prices at its discretion and in a reasonable manner. Such a price change is only permitted once per calendar year and must be announced at least four weeks before it becomes effective in text form. The user may terminate the agreement within one month after receipt of the notice of change, with effect from the time the price increase is to take effect.
8. Termination of the Agreement
(1) The user may test the paid subscription free of charge for a period defined by the Service Provider. A specific notice period is not required for this. If the user has not submitted any payment information after the expiration of the test period, no further obligations or costs will be incurred for the user.
(2) The subscription can be cancelled by the users without notice at the end of the month or year (or other billing periods), depending on the duration chosen by the user. Cancellation can be done by simple email request.
(3) In some cases, the user can choose between an annual subscription and a monthly subscription. If the user wishes to switch from a monthly to an annual subscription, this is possible from the first day of the next billing month. The subscription will automatically be extended for one year and the annual fee is due upon receipt of the invoice. The annual subscription can be cancelled up to the last day of the annual subscription. The same applies to switching from a monthly or annual subscription to another monthly or annual subscription. If the user switches from an annual subscription to a monthly subscription, this is possible until the last day of the fiscal year and from the first day of the next fiscal year, if there is an option for a monthly subscription. The subscription will then continue to operate automatically on a monthly basis. A similar mechanism will be valid if the service provider introduces a different billing period.
(4) The right to extraordinary termination of each party remains unaffected.
(5) EXPEDY reserves the right to delete the customer's data after termination of the contract, regardless of the reason for termination, and EXPEDY is not obliged to store the customer's data after this date. EXPEDY only retains the data required for the minimum period to comply with applicable legal requirements after termination of the subscription.
(6) EXPEDY shall ensure that it always acts in compliance with the General Data Protection Regulation (GDPR) and all legislative requirements regarding data protection.
9. Warranty and Availability of Services
(1) The Application and the service are provided "as is" and EXPEDY expressly disclaims any other representations, warranties, conditions or other terms, express or implied, statutory, collateral or otherwise, including, but not limited to, warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
(2) EXPEDY shall have the right to make operational changes to the System for improvements or otherwise (e.g. by developing or replacing technical equipment, maintenance or upgrade software) without notice to the Customer. Under certain circumstances, it may be necessary to suspend access to the console interface, generally between 9:00 p.m. and 6:00 a.m. Central European Time. Notice of suspension will be given to the Customer in advance if possible. EXPEDY will not be responsible for the consequences of such suspension. This suspension does not affect the API/webservice access available 365/7/24.
(3) The Service Provider assumes no responsibility for the functionality of the connection to its servers in the event of a power failure or failure of servers outside its area of influence.
(4) In the event of a server outage, EXPEDY guarantees to have the servers back up and running within four hours, subject to the responsiveness and problem caused by the hosting provider.
(5) EXPEDY agrees to provide all human and technical resources necessary to perform the services of these terms and conditions. EXPEDY undertakes in particular to inform the customer to the best of its knowledge of the risks inherent in the intervention requested. Insofar as the proper functioning of new equipment, software, or the result of a computer service, depends not only on the quality of the hardware and software installed and the services performed, but also on factors independent of EXPEDY, such as the original installation, working methods and the qualification of the user, EXPEDY is only responsible for an obligation of means and not of result.
(6) EXPEDY shall not be liable for any direct or indirect consequences resulting from the malfunction or non-operation of the Customer's equipment, including any loss of data, non-compliance, incompatibility, malfunction or degradation, whether or not resulting from its intervention. Under no circumstances, and regardless of the service requested, EXPEDY can not be held responsible for damage to equipment and / or total or partial loss of computer data of the client, whatever the reason.
(7) EXPEDY shall not be liable for any consequential damages such as, but not limited to, loss of business, loss of customers, loss of orders, or loss of brand image.
10. Rights of use
(1) The Service Provider grants the User for the duration of this Agreement a simple, unrestricted, non-transferable, non-sublicensable and personal right to use the EXPEDY software used by the Service Provider for the provision of its services in accordance with these terms and conditions.
(2) The User shall have the right to access the software operated on the computer systems of the Service Provider, in order to process its data.
(3) Unless specifically authorized (e.g. reseller account), the user may use the processing software only for his own business purposes and only by his own personnel.
(4) No intellectual property rights are assigned to the customer. Customized software relating to the System shall also remain the property of EXPEDY, unless otherwise stated.
(5) The Customer grants EXPEDY, its suppliers and subcontractors, a worldwide non-exclusive irrevocable license to provide the Application and any required related services, with respect to any materials downloaded by the Customer and any data from the Customer. to the Customer. Customer represents and warrants that no uploaded content or Customer data will infringe the rights of any third party or intellectual property rights and will not contain any content that is obscene, offensive, inappropriate or contrary to applicable law.
(6) Customer agrees that EXPEDY has the right to use subcontractors in all matters, including for the implementation and operation of the Application and the storage of Customer data.
(7) The Service Provider is not obliged to provide the User with the source code of the Software.
(8) The Application and all information it provides, other than Customer data, are protected by copyright and other intellectual property rights, and are owned by EXPEDY, or are licensed to EXPEDY. Any development or adaptation of such intellectual property by the Client shall be vested in EXPEDY. Customer shall notify EXPEDY of any actual or suspected infringement of EXPEDY's intellectual property rights and of any unauthorized use of the Application of which Customer becomes aware.
11. Privacy and Customer Data
(1) The Service Provider shall ensure that personal data is collected, stored and processed by Users only to the extent necessary for the performance of the contract and permitted by law, or ordered by the legislator. The Service Provider will treat the personal data confidentially and in accordance with the provisions of the applicable data protection law and will not disclose them to third parties, unless this is necessary for the performance of contractual obligations and / or a legal obligation to transmit to third parties.
(2) To ensure audit-proof data processing, the creation, modification and deletion of data with indication of the user name and date of processing are recorded.
(3) The use of the service may require that the service provider processes personal data on behalf of the user. For this, a separate agreement for the processing of personal data is required. The parties agree that the customer is responsible for the processing of the data he uploads to the EXPEDY application and can change or delete this data as required. EXPEDY is at all times a subcontractor, processing the data on behalf of the Customer.
(4) The Customer confirms that it is authorized to request EXPEDY to process this information, and that any instructions given will be legal.
(5) EXPEDY will only process the Customer's data in accordance with the Customer's instructions and not for its own unauthorized use.
(6) With respect to the parties, the Customer shall own all data it provides to EXPEDY or the Application. The Application allows Customer to export records and data held by the Application and Customer agrees to export all data prior to termination of the subscription.
(7) EXPEDY shall share data processing information only for the purpose of providing its Services to Customer or when required by a court or regulatory authority and then only to the extent necessary.
(8) If EXPEDY needs to share data outside the EEA, or with territories not pre-approved by the European Commission, we guarantee the full satisfaction of the level of data protection maintained by these subcontractors.
(9) EXPEDY will keep confidential all confidential Customer information that Customer provides to EXPEDY unless such information has become public knowledge other than through a breach of this clause, or EXPEDY has obtained such information from a third party without an obligation of confidentiality, or where the information is required to be disclosed by a regulatory or governmental body or court of competent jurisdiction, and then only to the extent necessary.
(10) EXPEDY shall take all necessary technical and organizational security measures to ensure the safe and secure handling of Customer data and to prevent the information in the system from being accidentally or unlawfully destroyed, lost or wasted and to prevent such information from falling into the hands of unauthorized parties or from being misused, or otherwise treated in a manner that is contrary to the data protection legislation. EXPEDY complies with its obligations under all applicable data protection legislation as a data processor and takes specific guidance from the General Data Protection Regulation.
(11) In the event that data protection consent statements are obtained from the User in the course of using the Service Provider's services, it is hereby clarified that they may be revoked by the User at any time.
12. Changes to the Services
(1) The Service Provider periodically adjusts its services provided on the Internet at its sole discretion, based on technological development, as well as market needs in order to adapt the intended use in accordance with the product description. This may include changes in the content of the service, such as new or modified features, and adaptations to new technologies. Since these changes are in the nature of the solution, the user cannot derive any rights or claims from them.
(2) The Service Provider also has the right to offer new services against payment and to discontinue the provision of free services. In addition, the Service Provider may add additional fee-based services to the current fee-based subscriptions. When changing the paid services, the Service Provider will pay special attention to the legitimate interests of the users and announce them in due time.
13. Limitation of liability
(1) Damages for breach of contract and unlawful action can only be enforced if there is evidence of intentional gross negligence of EXPEDY and / or its agents. The disclaimer mentioned below does not apply to the breach of essential contractual obligations.
(2) In addition, the liability of EXPEDY remains unaffected in the case of personal injury and mandatory legal provisions.
(3) With regard to free services, the Service Provider shall not be liable beyond what is provided for in paragraphs 1 and 2.
(4) EXPEDY is not liable for interruptions of service due to force majeure, in particular in the event of a failure or overload of global communication networks. For this reason, the customer cannot claim a reduction of its service obligation.
(5) EXPEDY is not responsible for the information published on its services. The sender is responsible for its accuracy, completeness and timeliness.
(6) The Service Provider is not liable for the loss of data to the extent that the damage is due to the User's failure to meet its legal retention obligations (see Section 4.4 of these Terms and Conditions) and therefore the lost data cannot be restored with reasonable effort.
(7) EXPEDY shall not be liable for any damages that the customer may suffer due to the lack of security measures in the transmission of data.
(8) Any liability for damages is limited to the amount of the annual fee. Liability for damages due to loss of data is limited to the amount that would have resulted from adequate data protection, however, this may not exceed the annual fee.
(9) Any claim for compensation by the customer expires one year after its occurrence. This limitation does not apply if EXPEDY acted with gross negligence or intent.
(10) Liability for defective products remains unaffected.
14. Changes to the Terms and Conditions
(1) The Service Provider reserves the right to change these Terms and Conditions at any time with effect even within the existing contractual relationship, provided that such change, taking into account the interests of the Service Provider, is reasonable for the User; this is particularly the case when the change is without significant legal or economic disadvantage for the User, e.g. changes in the registration process or changes in the contact information.
(2) All other changes to the General Terms and Conditions shall be notified by the Service Provider to the registered users at least 4 weeks before the planned entry into force of the changes. The changes will be communicated to the user by e-mail. Unless the user objects within 4 weeks after receiving the notification, the user contract will continue and be effective even with the amended General Terms and Conditions. In the notification of change, the Service Provider will inform the user of his right to object and the consequences of an objection. In case of objection, the Service Provider has the right to terminate the contractual relationship with the User at the time of the planned entry into force of the changes.
15. Final Provisions
(1) These Terms and Conditions shall be governed by and construed in accordance with the laws of the French Republic, and the Courts of the French Republic shall have exclusive jurisdiction to determine any dispute concerning these Terms and/or their subject matter.
(2) If the User is a merchant, a legal person under public law or a special fund under public law, the registered office of the Service Provider shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
(3) If individual provisions of these General Terms and Conditions are or become ineffective, this shall not affect the validity of the remaining provisions.
Privacy Policy
Data protection and data security are a priority for EXPEDY. We process and use personal data only to the extent necessary to provide our services to you.
Data Privacy Statement
We, EXPEDY published by AD TELA SAS domiciled 12 rue des bons enfants 76000 ROUEN. registered with the RCS ROUEN - SIRET: 83767873900017 - VAT: FR96837678739, are the operator of the expedy.fr website, as well as the service provider of the EXPEDY iOS and Android App, including other services that are provided via the websites (eg expedy.fr/console) We are responsible for the collection, processing and use of personal data in accordance with all data protection legislation, in particular the General Data Protection Regulation ("GDPR").
You, the customer, are the "data controller" and EXPEDY, the service provider, is the "data processor" on your behalf. We will only use your data in accordance with the data protection legislation. EXPEDY also has a Data Protection Officer ("DPO") who can be contacted by mail or email at dpo@expedy.fr.
With this privacy policy, we want to tell you what personal data is collected and stored when you visit our website or use our services offered on the website. In addition, you will receive information on how we use your data and what rights you have regarding the use of your data. This data privacy statement also applies to access and use of the EXPEDY application, as well as other available services.
1. Data Security
To protect your data, all data you provide is encrypted using the TLS (Transport Layer Security) standard. TLS is a secure and tested standard, used for example for online banking. You can see this TLS-secured connection with the "s" after the "http" in the URL displayed in your browser (example: https://..), or from the padlock symbol in the browser tab.
We also take appropriate technical and organizational security measures to protect your data against random or deliberate manipulation, partial or complete loss, destruction and/or unauthorized access. In order to avoid data loss, we run a "mirrored" database configuration, which means that your data is always stored in two separate locations. In addition, we update and store the data every hour in an off-site backup and in accordance with the high-risk analysis, we continuously perform security tests on our infrastructure. Your password is stored via a secure encrypted process. We will never ask you for your password, neither by email nor by phone. If you forget your password, we can reset it for you. Our security measures are continuously improved as technology develops.
The personal data we collect is stored in a secure environment within the EU and treated as confidential. Access to this data is limited to selected employees and suppliers of the EXPEDY Group. We always comply with the legal requirements for data protection.
We do our best to secure your data in the best possible way, but we cannot guarantee the security of your data when it is transferred over the Internet. When data is transferred over the Internet, there is a certain risk that others may access the data unlawfully. In other words, the security of your data transfer is your responsibility as the data controller.
2. The collection and storage of personal data and the nature and purpose of their use
a) If you visit our website
You can visit the EXPEDY website without disclosing your identity. Your browser only sends automatically collected information to our website servers. This information is temporarily stored in a document called a "log". The following information is automatically collected and stored until it is automatically deleted:
IP address of the requesting computer
Date and time of access
Name and URL of the data accessed
Web site from which the access was made (referral URL),
Browser used and, if necessary, the operating system of your computer as well as the name of your access provider
This data is collected and processed for the purpose of enabling the use of our website (login), but also for the purpose of ensuring the security and stability of our system and for the technical administration of the network infrastructure. We do not draw any conclusions about you as an individual.
In addition, we use cookies as well as web analysis and marketing tools. You can find more information on this subject in paragraphs 3 to 5.
b) If you register for our online services
To use these services, you must first register. In order to use our services to their full extent, it may be necessary to enter more personal data. For example, to create a legal invoice, it is necessary to enter your company name, address, invoice number and payment information, etc. We also use your name and contact information:
To find out who our contractor is
For the justification, structure, processing and changes of our contractual relationship with you, related to the use of our services
To check the plausibility of the data entered
If necessary to contact you
c) If you subscribe to our newsletter
If you have agreed to receive our newsletter, we may use your email address to send you regular newsletters and information about our services. In order to receive newsletters, we must first obtain your consent to accept these messages. This consent can be chosen during registration. You may revoke your consent to receive such communications at any time, either in your account, by deactivating emails or by sending us an email indicating that you no longer wish to receive these communications. You may also unsubscribe from newsletters at any time, for example by clicking on the unsubscribe link at the bottom of the newsletter. You can also send us an email at support@expedy.fr.
If you cancel your subscription to the newsletter, we will retain your email address only to ensure that you do not receive these emails again.
d) Developer, customer, supplier, accountant and team
With our services you have the possibility to enter data from third parties, to give access to your account to third parties, to connect your account to third parties and to offer third parties your own applications or to use third party applications. Of course, we also respect the privacy of third party data, which we may access through your use of our service. Sometimes this may require a separate contract with you. If you think this is the case, please contact us.
According to our terms and conditions, you are not allowed to share your login data with third parties, and you are obliged to treat your data with care. Furthermore, you are responsible for the data of third parties that you enter into EXPEDY. Please note that we have no influence on compliance with data protection and security standards outside our website, the EXPEDY application or the services we provide. In this case, you - or the third party to whom you have granted access to your data - are responsible.
3. Consent to Data Transfer
We will transfer your personal data to third parties if you request us to do so (when generating a label with a carrier, for example), but only if you have given your explicit consent, or if there are obligations to do so.
EXPEDY may also, from time to time, require that we share data with a sister company, for example, to enable billing of your account with another EXPEDY entity. Data security is maintained at all times. By registering with EXPEDY, you give your consent to the processing of your data.
You also give your explicit consent to share your data with third parties as necessary to provide our service to you.
We confirm that we only share your data with third parties who maintain a satisfactory level of data security, in accordance with the standards required under all data protection legislation.
In particular, where we share data with territories outside the EU/EEA or a country not on the list approved by the European Commission, we ensure that we comply with all EU standards of data security and privacy. We are required to make available, upon request, evidence of - or reference to - the appropriate safeguards, and we may do so following receipt of a request received by EXPEDY in writing or by e-mail.
You retain the right to withdraw your consent to the processing and/or sharing of your data at any time either by closing your account, which is effective immediately, or by contacting us to request closure, at which point we will do so as soon as practicable. After your relationship with EXPEDY ends, we will only retain the minimum data we are required to hold to meet all legal requirements and only for the minimum period required.
If you have any questions about the processing of your personal data, or if you wish to make a data access request, the Data Protection Officer can be contacted at dpo@expedy.fr or by writing to him at the above address. If you are not satisfied, you have the right to file a complaint with the relevant data protection authority. EXPEDY will cooperate fully with any such investigation and will endeavour to satisfy all requests as far as possible. The competent authority for each country can be found on the European Commission's website: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080[s4]
4. Cookies
Our site uses cookies. Cookies are small files, automatically created by your browser and stored on your device (laptop, tablet, smartphone, etc.) when you visit a page. Cookies do not harm your device, and they do not contain viruses, trojans or other malicious software.
Cookies store information about your device. However, this does not mean that we receive detailed information about your identity.
The use of cookies is intended to create a more enjoyable experience for you when using our services. Therefore, we use session cookies, to find out if you have already visited unique pages of our website or if you have already created a customer account. They will be deleted automatically by your browser once they expire.
For user purposes, we use temporary cookies, which are stored on your device for a specific period of time. If you visit our website again to use our services, it will be recognized that you have visited our website before and what settings and actions you have taken, so you do not have to perform them again.
We also use cookies to track usage statistics of our website and to optimize our offer (section 4.), as well as to show you specifically tailored information (section 5.). When you visit our website again, these cookies enable us to automatically recognize that you have visited our website before. After a defined period of time, the cookies will be automatically deleted.
Most browsers accept cookies automatically. You can set your browser so that no cookies are stored on your computer or so that a warning is always displayed before a new cookie is created.
However, you should note that disabling cookies completely may also limit the functionality of our website.
5. Web Analytics
In order to design and continuously optimize our sites, we use various web analytics services. Therefore, we create anonymous user profiles and use cookies (chapter 4).
Below you will find more information about our web analysis services and further deactivation options:
a) Google Analytics
We use Google Analytics. This is a web analysis service of Google Inc. The information about your use of our website (including your IP address) collected via a cookie is transferred to a Google server in the USA and stored there. The IP addresses are anonymized, so it is not possible to attribute them to you (IP masking). The information is used to analyze the use of our website, to create reports on website activities for us and to provide other services related to the use of our website and the Internet. The data entered by you when using our service will not be merged with any other data collected by Google.
The transfer of information by Google to third parties will only take place if it is legally required or if third parties process the data on their behalf.
In addition, we use Google Optimize. This is a web analysis service by Google Inc., which is integrated into Google Analytics. Google Optimize allows us to perform A/B and multi-variant tests. This allows us to know which version of our website users prefer. You can prevent the collection of data by the cookie, as well as the processing of data by Google by downloading and installing a browser add-on here. As an alternative to the browser, especially for browsers on mobile devices, you can prevent the collection of data from Google Analytics, by clicking on this link.
An opt-out cookie will be set, which prevents future data collection when visiting this site. The opt-out cookie is only valid in this browser and for our website, and will be stored on your device. If you delete the cookie in your browser, you will have to set the opt-out cookie again.
Further information on data protection in conjunction with Google Analytics can be found in the Google Analytics Help.
Further information on data protection by Google can be found here.
6. Targeting
We use the targeting technologies of Google Inc. (e.g. Doubleclick, AdSense, AdWords) on our website. These technologies enable us to deliver interest-based advertising to you. For this purpose, we collect and evaluate information about your user behavior on our website through the use of cookies.
The collection and evaluation is done anonymously and does not allow us to identify you. In particular, we do not connect this information with your personal data. If you do not wish to receive interest-based advertising, you can prevent this via the appropriate cookie settings in your browser.
You can change the display settings for interest-based advertising via the Advertising Settings Manager.
You can find more information and data privacy policies regarding advertising and Google here: Google Privacy Statement and Terms of Service.
7. Facebook Targeting
As part of our advertising on Facebook, we use a pixel-based tracking mechanism. This is a web analytics service provided by Facebook Ireland Ltd. The information is used to track conversions from the Facebook platform.
This service is provided by Facebook Ireland Ltd. for which the European Union's data privacy law applies. We do not share any data you enter when using our service with Facebook.
See Facebook's data protection information for more information about the purpose and scope of data collection, data processing and use by Facebook, and your privacy rights and options.
8. Information, correction, blocking, deletion
You have the right to be informed about the personal data you are storing and the right to correct or amend incorrect data, as well as the right to block and delete it.
As the controller, you are responsible for the content you post. You have the right to rectify, block or delete any of your data at any time. We may decide to delete content you post, upon your request, but we maintain our right not to delete content already posted or that we are required to maintain to meet legal requirements.
For more information about your personal data, about correcting erroneous data or blocking or deleting it, and for other questions about the use of your personal data, you can send an email to support@expedy.fr
We emphasize that if you delete your data, you will not be able to use our service in full or at all.
9. Changes to this data privacy statement
This data privacy statement is currently effective and was updated in July 2018.
Due to the development of the Website, the EXPEDY App or any other EXPEDY service, or due to changing legal or regulatory requirements, it may be necessary to amend this Data Privacy Statement from time to time.
Introduction of the Data Processing Agreement
This Data Processing Agreement (DPA) forms the basis of the relationship between you (the customer) as data controller and EXPEDY, the service provider, as data processor under the Data Protection Legislation (GDPR).
This is an essential agreement that forms the contractual basis for the data processing we do on your behalf. It explains how your data may be processed and its purpose. We process your personal data only as necessary and as instructed by you, as set out in the Agreement.
Due to the volume of our customer base, it would be impossible to conclude individually signed agreements with all our users. We also hope that the ease of agreement with this DTA will make it less time consuming for you as a business owner to accept the new Terms and Conditions to comply with the GDPR.
This ATD assures you that we (EXPEDY), as your contractor, comply with the requirements arising from the RGPD. You are further assured that we maintain the required agreements with all our third parties. Your company details are automatically populated into your account when you agree to the Terms of Use and Privacy Policy, including the TSA. Your information will always represent the most recent information you have provided to us. The TPA is detailed below for more information.
Data Processing Agreement
Between :
Name of Client (hereinafter "Client" or "Data Processor") [This information will be automatically filled in once you complete your registration]
And
AD TELA sas, 12 rue des bons enfants 76000 Rouen (hereinafter "EXPEDY" or "subcontractor")
each a "Party"; together "the Parties",
HAVE AGREED on the terms of this Data Processing Agreement (hereinafter the "DPA" or "Agreement") on the protection of personal data concerning the processing of personal data where the Customer acts as a data controller and EXPEDY acts as a subcontractor, to fulfill the service obligations described in the Service Agreement (detailed below). In performing these service obligations, EXPEDY will process certain personal data on behalf of the data controller in accordance with the terms of this Agreement. Each party agrees and will ensure that the terms of this Agreement are also fully applicable to its Affiliates who may be involved in the processing of Personal Data for the project defined in the Service Agreement. Specifically, EXPEDY will ensure that all subcontractors operate under the same terms as this agreement when processing the customer's personal data.
Introduction and definitions
"Personal Data" is defined as any information relating to a data subject, and by which he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural or legal person (if any).
All other definitions mentioned herein, including the terms "controller" and "processor", are determined by data protection laws, including Regulation 2016/679 of 27 April 2016 (hereinafter "GDPR").
Sensitive personal data is not considered to be processed as part of the application service offered by the data processing center and is therefore excluded from the terms of this contract.
By registering to use the EXPEDY software and agreeing to the Terms and Conditions, including the Privacy Policy and this TPA, the parties agree, under all national data protection laws and the GDPR, that this Agreement governs the relationship between the data controller and the data processor, defining EXPEDY's processing of the customer's personal data. This Agreement takes precedence, unless it has been superseded by another signed DTA, which communicates its precedence over this Agreement.
The purpose of EXPEDY's processing of Customer's Personal Data is to ensure the full use of the Service by the Customer and to enable compliance with this Agreement. EXPEDY shall ensure that sufficient security of Personal Data is maintained at all times.
Both parties confirm their authority to sign the Agreement by doing so.
Responsibilities of the Processor
The Processor shall manage all personal data on behalf of the Controller and follow their instructions. By entering into this Agreement, EXPEDY (and any subcontractors with whom the subcontractor has a legal agreement for services) is responsible for processing the customer's personal data:
In accordance with all national and European laws
To fulfill its obligations under the terms of the service request
According to the instructions of the controller
As described in this Agreement
In order to provide its service, the Processor is obliged to always provide the Customer with adequate solutions to accompany the continuous development of its business, using the service. The Processor monitors how the Customer uses the Application in order to make the best possible suggestions, to provide relevant services at any time and to send accurate communications to facilitate the use and improve customer satisfaction. With regard to the processing of personal data of the Application, they are processed only in accordance with this ATD, and the applicable law, and are shared only as necessary to provide a better experience to the customer.
Taking into account the available technology and implementation costs, as well as the scope, context and purpose of the processing, the Processor shall take all reasonable measures, including technical and organizational measures, to ensure a sufficient level of security, so that Personal Data is protected. The processor must assist the controller by taking appropriate technical and organizational measures, taking into account the nature of the processing and the category of information available to the processor, to ensure compliance with the processor's obligations under the data protection laws. The processor must notify the controller if the controller becomes aware of a security breach without delay.
In addition, the processor must, to the extent possible and lawful, notify the controller if a request for information about the data held is made (data access request) by an organization to which the data should be provided. The Processor will respond to such requests once it has been authorized by the Controller to do so. The Processor will also not disclose information about this Agreement unless the Controller is required by law to do so, such as by court order.
If the data controller requires information or assistance regarding data security, or documentation or information about how the processor generally handles personal data, the data controller may request such information from the processor.
The processor, its employees and affiliates must maintain the confidentiality of personal data processed under the contract. This provision continues to apply after termination of the Contract, regardless of the reason for termination.
Responsibilities of the Controller
The data controller confirms, by signing this Agreement, that when using the application, that they shall be free to process their data in accordance with all legal requirements for data protection, including RGPD. They give their explicit consent to the processing of their personal data at any time when using the service.
The Controller may revoke this consent at any time, but doing so terminates the contract and the Processor will no longer be able to provide the Service.
The Customer has a legal basis to process Personal Data with the processor (including subcontractors), with the help of EXPEDY services.
The Controller is responsible at all times for the accuracy, integrity, content and reliability of the Personal Data processed by the subcontractor. They have fulfilled all mandatory requirements regarding notification or obtaining permission from the relevant public authorities regarding the processing of personal data. They have also fulfilled their disclosure obligations to the competent authorities regarding the processing of personal data in accordance with all applicable data protection legislation.
The data controller must have a clear list of the categories of personal data it processes, especially if such processing differs from the categories listed by the processor in Annex A.
Agreement on Data Transfer and Use of Processors
In order to provide the Service to the Processor, the Processor uses subcontractors. These processors may be third party providers both inside and outside the EU/EEA. The Data Processor ensures that all subcontractors meet the obligations and requirements of this Agreement, and in particular that their level of data protection meets the standards required by the relevant data protection laws. If a jurisdiction is outside the EU/EEA and is not on the list of satisfactory data protection levels approved by the European Commission, a specific agreement is entered into between EXPEDY and that processor to ensure that all personal data is maintained in accordance with the requirements under current EU data protection laws.
This Agreement constitutes the specific and explicit prior consent of the data controllers to the use of subcontractors by the processor, which may sometimes be based outside the EU/EEA, or territories approved by the European Commission.
The data controller may revoke such consent at any time, but doing so will terminate the contract and the data processor will no longer be able to provide the service.
If a sub-manager is established or stores personal data outside of the territories approved by the EU/EEA or the European Commission, the sub-manager is responsible for ensuring the transfer of personal data to a third country on behalf of the controller. This includes the use of European Commission standard contracts or specific measures that have been previously approved by the European Commission.
The controller must be informed before the processor replaces its subcontractors. The controller may then object to a new processor processing its personal data on behalf of the processor, but only if the processor does not process the data in accordance with the relevant data protection legislation. The processor may demonstrate compliance by providing the controller with access to the data protection assessment performed by the processor.
If the data controller continues to object to the processor's use, it may terminate its subscription to the service without the usual notice period, and then ensure that its personal data is not processed by the non-preferred processor.
Duration of the agreement
The Agreement shall remain in effect for as long as the Processor processes Personal Data with the Processor's use of the Application, and unless it is superseded by another signed TPA that supersedes this Agreement.
Termination of the Agreement
In the event of termination of the subscription, the Processor shall delete all Personal Data, except those that it is required to retain under applicable legal provisions and, in such case, will be retained in accordance with EXPEDY's technical and organizational safeguards.
The data controller has the full ability to retrieve all its personal data from the application. If the data controller requests assistance with data recovery, the associated costs will be determined by mutual agreement between the parties and will depend on the complexity of the process requested and the time required to complete it in the chosen format.
Amendments to the Agreement
Amendments to the Agreement shall be included in a separate schedule to the Agreement.
If any provision of the Agreement is found to be invalid, it shall not affect the remaining provisions. The parties will replace the invalid provision with a legal provision, which reflects the purpose of the invalid provision.
Audits
The controller is entitled to conduct a review of the processor's obligations under the agreement once a year. If the processor is required to do so under applicable law, audits may be repeated once a year. A detailed audit schedule must be provided detailing the scope, duration and start date at least four weeks prior to the proposed start date. The parties decide together whether a third party should conduct the audit. However, the controller may allow the processor to have the security review by a neutral third party, chosen by the processor, if it is a processing environment in which multiple controller data are processed.
If the proposed scope of the audit follows an ISAE, ISO, or similar certification report by a qualified third party auditor within the last twelve months, and the processor confirms that there have been no significant changes in the measures reviewed, this will be satisfactory for any request received within this timeframe. Audits must not unreasonably interfere with the processor's normal activities. The data controller is responsible for all costs associated with its request for review.
Liability and Jurisdiction
Liability for actions arising from a breach of the provisions of this Agreement is governed by the liability and indemnification provisions in the Subscription Terms in Section 13. This also applies to any breach by the Data Processors. This Agreement shall be governed by the German courts, which shall have exclusive jurisdiction to adjudicate any disputes relating to it.
Appendix A
Appendix A - Categories of Personal Information and Typical Processing Categories
A. Categories of personal information (non-exhaustive list)
Name
Address
Telephone number(s)
E-mail address(es)
Address(es)
Any account number and/or bank details
B. Typical Categories of Processing (non-exhaustive list)
The controller's contacts (phone / email / addresses, etc)
The controller's customers
The controller's banking information
The contacts of their customers (phone / email / addresses, etc)
The customers of their customers
Acceptance of the general terms and conditions of sale
The fact that the Customer uses the online interface or connects to the webservice provided by the Provider implies full acceptance of these General Terms and Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Provider. In addition, by making a shipment with a carrier, the Customer acknowledges having read and accepted the General Terms and Conditions of Sale of the carrier used and being informed of any possible overloading practiced by this carrier.