1. Identification of company and users
TransChain company, a simplified joint-stock company which head office is located at 11 rue de l’Académie - 67000 STRASBOURG, which can be contacted by email at : firstname.lastname@example.org (hereinafter : TransChain), edits accessible websites, including under following domain names :https://www.transchain.io and https://www.katena.io allowing its users, natural or legal persons, to access services intended to assure certified information exchange using blockchain technology and different related services (hereinafter : the "Site").
By using the Service in any form whatsoever, you agree to be subjected to the contract provisions. "You" refers to any individual or third party or entity in whose behalf you use TransChain services. You therefore represent and guarantee that you are legally able, in particular by being authorized by any entity on whose behalf you intervene, to understand, accept and apply terms of the Contract.
TransChain reserves the right, at its sole discretion and at any time without prior notice, to limit, delete or deny access to the Service at any person or entity that is not complying with the terms of the Contract, without incurring any responsibilities of any sort.
2. Services provided by the company
TransChain provides to its users ("users" or "clients") website pages (the "site"), API’s of web services’, applications and infrastructures (collectively (the "Software")) that may be accessible notably on https://transchain.io and https://www.katena.transchain.io .
The Software is used to instrument files and documents (i.e. by integrating digital signatures, proofs of integrity, copyright, references…), to look for them, online or locally, read them, chain their versions, share them in encrypted form or not, sign them electronically, timestamp them and anchor them on a blockchain.
2.1 In this context, the Company makes available for each User a dedicated space on the Site, from which he or she can use different tools offered, including:
- Addition and/or deletion of content, documents, datas, files, information, etc.,
- identification of rights and ownership attached to the said elements,
- their storage and/or hosting, being specified, however, that this functionality is offered by the Company only to facilitate use of Services but does not constitute a commitment of the Company. It therefore does not exempt the concerned User to keep elements stored on the site him/herself and by its own means and tools without alternating them, etc.,
- purchase of service transactions.
2.2 As a service provider, the Company does not choose, control or previously endorse integrated elements by the Users on the Site and in the Blockchain. The Company does not intervene or interfere at any time in the activities initiated by Users within this context. It cannot have prior knowledge or control, no more than it can ensure the surveillance of the said activities and/or elements thus used by Users via the Site. It merely allows for registration of elements on the Blockchain, automatically. Each User is solely responsible for its whole activities on the Site and its use of Services. It is therefore up to him or her to ensure that he or she disposes of all the rights, authorizations and accreditations for the said activities.
In doing so, all Users are informed and expressly accept that those Services are an innovative and new activity intended to prove the existence and date of their intangible assets, expertise, contents, documents, data, files, information, etc. Its proper working is therefore based on a responsible use of offered Services on the Site by all Users and in particular:
- communication of accurate and sincere information,
- protection of elements of which they are indeed holders and/or have required authorizations.
Non-respect of these requirements, in particular any false declaration and/or improper use or the appropriation of another’s assets, would indeed be likely to make all the proofs of existence and datation of elements registered on the Blockchain thanks to the Site questionable and therefore unenforceable.
2.3 Service update
TransChain’s service will be optimized, improved, maintained in the respect of contractual commitments toward its clients.
2.4 Restrictions of use of the Service
You engage yourself to comply this contract’s Terms and not to use the Service for : (i) interfere with, manipulate or realize any action that could put in danger the integrity of the Service ; (ii) interfere with or disturb the Service, or the servers or the networks connected to the Service ; (iii) retro conceive or decompile any element of the Service.
You affirm and guarantee that you won’t use the Service to upload, post, make a link or transmit material containing computer viruses or other machine codes, data processing files or programs intended to interrupt, destroy or limit the function of any materials or softwares or telecommunications equipment.
3. Clients accounts
3.1 Account creation
Katena platform only offers one type of account: the company account. In order to create an account, you must necessarily be in possession of the SIRET number of your company. Your unique Company blockchain ID will be created at the time of the validation of your account.
Your email address authentication will be required to create your account. Once the registration form filled and validated, you will receive an email with a confirmation link.
3.2 Account responsibilities
You are responsible of maintaining your account information login confidentiality and are fully responsible of all the activities linked to your account. You agree to inform us immediately of any unauthorized or suspicious use of your account or any other security violation. We cannot be and won’t be held responsible in case of lost or damage resulting of your non-respect of requirements above.
Services are provided at the current rates indicated on the website https://katena.transchain.io, when placing the order. Prices are expressed in euros, excluding taxes first and all taxes included when placing the order.
These rates are firm and non-revisable during their validity period, as mentioned on the website, the seller reserving the right to change the rates at any time outside this validity period. Payment requested from the customer matches the total purchase amount.
An invoice is generated by the seller and submitted to the customer by email at the time of the ordered transactions delivery.
5. Limitation of responsibility on technical data
TransChain could not be held responsible for material damages related to the use of the site. Besides, the user commits to access the site by using recent material, not containing any virus and with a last generation and updated browser.
The objective is to bring a service providing the best accessibility rate. The host ensures its service’s continuity 24/24h, every day of the year. However, it reserves the possibility to interrupt the hosting service for the shortest periods possible in particular for the purpose of maintenance, infrastructures improvement, failure of its infrastructures or if Services generate an unusual deemed traffic.
TransChain and the host could not be held responsible in case of Internet network malfunctioning, phones lines or computer and telephone equipment notably related to network congestion preventing server access.
TransChain could not be held responsible of direct and indirect damages caused to the user equipment, when accessing the websitehttps://transchain.io and/or https://katena.transchain.io, and resulting either from the use of an equipment not complying specifications mentioned at point 4, or from the emergence of a bug or from an incompatibility.
TransChain could not be held responsible either of indirect damages (such as a market lost or a chance lost for instance) as a result of the use of the site https://katena.transchain.io.
Interactive spaces (possibility to ask questions with the contact form accessible by the "Contact us" page of the site) are available for users.
6. Intellectual property
TransChain owns the intellectual property rights and use rights of every accessible elements on the website, in particular texts, images, graphic designs, logos, videos, icons and sounds.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the website, whatever is the means or the used process, is forbidden except previous written authorization from TransChain.
Any non-authorized exploitation of the website or any element it contains will be considered to constitute an infringement and prosecuted in accordance with articles L.335-2 and following of the Intellectual Property Code.
7. Personal data management
The Customer is informed of regulations related to marketing communication, the Confidence in the Digital Economy Law of June 21, 2004 ; the law on Computing and Freedom of August 06, 2004 ; and the General Data Protection Regulation (GDPR : n°2016-679).
7.1 Processing purpose of collected data by TransChain
- to allow browsing on the websites, management and traceability of benefits and services ordered by user: login and use data of the Site, invoicing, order history, etc.,
- to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for browsing, IP address, password (hashed),
- to improve the browsing on the website: login and use data,
- to conduct communication campaigns (SMS, email): phone number, email address.
https://transchain.io is not selling your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
As for data related to the site https://katena.transchain.io, the blockchain technology of TransChain allows users data to remain on their devices and under their full control. TransChain has no possibility to use these data, in particular for commercial purposes.
Katena platfom of TransChain offers collaboration services offering an ultimate confidentiality during exchanges, including by:
- the systematic use of encrypted connections towards TransChain’s servers,
- the end-to-end encryption of data transmitted between users,
- the lack of information to infer the nature, issuer and recipients of an encrypted data,
- the free choice by the user of the transport channel for his or her data.
In order to allow the service working, TransChain could use following metadata: data imprints.
In order to allow its services working, TransChain does not transfer any data in clear or invertible form if this is not strictly technically required.
Except when required by law, TransChain does not keep any user data beyond specified requirements for their technical use and the provision of a quality user experience.
You understand and accept that the use of validation, publication or revocation services of digital identity or blockchain anchoring including information intended to be incorporated into publicly online audible registries involves a public diffusion of following non-reversible data : data imprints, public cryptographic keys and associated signatures and any other data you would have included therein.
You also understand that data registered on a public blockchain cannot be edited or deleted.
Personal data collected by the site https://katena.transchain.io are subjected to computer processing intended to ensure the management of your Katena account and attached rights. For this purpose, TransChain does only keep surnames, first names, email addresses and passwords track of its users. Passwords are never received by TransChain’s servers in any other that non-inversible derivations and in such a way as to make attacks very difficult form.
Besides these derivations do not allow access to encrypted data by users either.
In order to improve the service and allow invoicing, you accept the collect and use of statistics of services use by TransChain, including the number of transactions made. These statistics are not associated to any other information than your user profile.
7.2 Rights of access, rectification and object
In accordance with current European regulation, you have the right to access to the information concerning you. You have the following rights in particular:
- right of access (GDPR Article 15), of rectification (GDPR Article 16), of update, of completeness of users’ data, right to block or to erasure of users’ personal data (GDPR Article 17) when they are inaccurate, incomplete, equivocal, outdated or whose collection, use, communication or storage is forbidden,
- right to withdraw consent at any time (GDPR Article 13-2C),
- right to restriction of processing of personal data (GDPR Article 18),
- right to object to processing of personal data (GDPR Article 21),
- right to portability of data provided by users, when these data of automatically processed based on their consent or on a contract (GDPR Article 20),
- right to define the use of user’s data after their death and to choose to whom TransChain should communicate (or not) its data to a previously designated third party.
As soon as TransChain has knowledge of an user’s death and without any instruction from him or her, TransChain commits to destroy its data, except its storage is necessary for evidentiary purposes or to respond to a legal obligation.
If the User wants to exercise his or her right of rectification or to object to processing its data, he or she can contact TransChain company my mail at the following address:
11 rue de l’Académie
In this case, the User has to specify which personal data he or she wishes TransChain edits, updates or deletes, by identify him/herself precisely with a copy of an ID document (ID card or passport).
Deletion requests of personal data will be submitted to the obligations imposed to TransChain by the law, including in the matter of storage or archiving of documents. At last, users can file a complaint with control authorities, including the CNIL ( https://www.cnil.fr/en/plaintes ).
7.3 Non-communication of personal data
TransChain is prohibited from processing, storing or transferring collected data about its customers towards a country outside European Union or recognized as "inappropriate" by the European Commission without prior notification to the customer. However, TransChain remains free to choose its technical and commercial suppliers on the condition that they present sufficient guarantees with regard to the GDPR requirements (GDPR : n°2016-679).
TransChain commits to take all necessary precautions to preserve information security and in particular that they are not communicated to unauthorized people. However, if an incident impacting integrity or confidentiality of the user’s information is brought to TransChain’s awareness, it should inform the user and tell him or her about the corrective measures taken without undue delay.
User’s personal data are able to be processed by TransChain’s subsidiaries and subcontractors (services suppliers), exclusively to achieve the purposes of the present policy.
Within the limit of their relative attributions and to achieve the purposes mentioned above, main people likely to have access to TransChain’s user’s data are mostly the people in charge of our customer service.
8. Incident reporting
Whatever the efforts made; no Internet transmission method nor electronic storage method is fully reliable. We therefore cannot guarantee an absolute security.
If a security failure had to be brought to our attention, we would notify concerned users so they could take appropriate measures. Our incident notification procedures take legal obligations into account, whether they are national or European ones. We commit to be completely transparent with our clients about anything related to their account security and to provide them every necessary information.
No personal information of the user is published, exchanged, transferred, given in or sold on an arbitrary support to any third party without its consent.
Only the hypothesis of a buyout of TransChain and its rights would allow the transmission of the said information to the potential buyer who would then hold by the same obligation of storage and modification of data towards the user.
9. Cookies hyperlinks & Internet tags
The site https://transchain.io contains hyperlinks to other websites, set up with TransChain’s authorization. However, TransChain cannot check the content of these websites, and will therefore not undertake any responsibility for this matter.
Unless you decide to disable the cookies, you accept that TransChain can use them. You can disable these cookies at any time for free from the cookie’s deactivation option offered and mentioned below, knowing that this can restrict or prevent the access to all or part of the offered services of the site.
A "cookie" is a small information file sent on the user browser and saved in the user’s device (computer, smartphone, etc.), (hereinafter "Cookies"). This file contains information such as the user domain name, its internet provider, its operating system, and the date and time of access. Cookies are in no case a risk of damage for the user’s device.
https://transchain.io is likely to process User information about his or her website, such as page views or searches performed. These information allow http://leanblockchain.fr to improve the site contents and the user browsing.
Cookies facilitating browsing and/or providing of offered services by the site, the User can configure its browser so it allows him or her to decide whether he or she wants to accept them so the cookies are saved in the device or, on the contrary, to reject them systematically or depending on the emitter. The User can also configure its browsing software in a way that the acceptation or rejection of cookies are punctually asked to him or her, before a cookie be likely to be saved on its device. https://transchain.io notifies the User that, in this case, its browsing software functionalities might not all be available.
If the User does not accept the cookies saving in its device or browser, or if the User deletes these that already are saved, the User is notified that its browsing and its experience on the website might be limited. This could be the case when https://transchain.io cannot recognize, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device seems to be connected to Internet.
If so, TransChain declines all responsibility for consequences related to the degraded functioning of the site and the eventual services offered by TransChain, resulting from (i) the User rejection of Cookies, (ii) the impossibility for TransChain to save or consult Cookies necessary to their functioning due to the User choice.
The User can at any time express or modify his or her choices about the Cookies.
At last, by clicking on the icons dedicated to social medias Twitter, Facebook, LinkedIn and Google Plus appearing on the website https://transchain.io and if the User accepted Cookies by pursuing its browsing on the website then Twitter, Facebook, LinkedIn and Google Plus can also set cookies on your devices (computer, tablet, phone).
These Cookies are only set on your devices if you give your consent. At any time, the User can withdraw his or her consent to TransChain to set Cookies.
9.2 Internet tags
TransChain can occasionally employ internet tags. These tags are placed both in online adverts allowing web users to access to the website and on the different page of this website.
This technology allows TransChain to evaluate the website visitors’ reactions towards the website and the efficiency of its actions, as well as the use of the website by the User.
10. Risks and responsibility limitation of TransChain
The Service is based on the Blockchain technology and presents then a highly innovative and experimental characteristic, that the User expressly recognizes and agrees to.
The exchange/purchase of transactions and the use of some other services provided by TransChain contain a potential financial lost, including, without limitation, the following elements:
- Characteristics, functions, use and other features of any transaction (the "transactions features") as well as software, networks, protocols, systems and other technologies (including, in this case, blockchains) ("underlying technology"), used to administrate, create, send, transfer, cancel, use or complete transactions in any transaction can be complex, technical or difficult to understand or evaluate.
- Any transaction and its underlying technology may be exposed to attacks against security, integrity or transaction functioning or its underlying technology ("attacks"), including attacks using a sufficient computing power to overload the usual functioning of a blockchain or another underlying technology.
- Any transaction, transaction’s feature or underlying technology can change or stop working properly due to a modification of the underlying technology, a modification using functions or integrated functions in the underlying technology or a modification resulting from an attack.
- Any transaction can be cancelled or lost due to restorations, attacks, modifications of transaction’s features or because of a transaction malfunction.
- TransChain can suspend or stop taking over the transfer, storage or negotiation of any transaction at any time, at its own discretion.
- TransChain can suspend or reject your transaction requests, suspend or stop taking over it, or suspend or terminate your access to Services to comply to current laws and regulations or to an order from law enforcement or other government authority, for other reasons specified in these Conditions or at TransChain’s discretion.
- Any transaction can be lost due to various factors, including the discovering of a faulty behavior, the market manipulation, the modification of the transaction’s features or the perceived value of the transaction’s features, attacks, suspension or termination of a transaction’s take over by TransChain or other.
- Any transaction can be lost due to legal or regulatory activities or another government action. The associated regulatory is instable and evolving quickly.
- Any transaction can be lost if sent to a wrong email address (for example but not only if the email address is not well formatted or contains mistakes).
- You may not be able to send a transaction request or TransChain or the Services may not receive your request due to equipment, software or services problems (including, without limitation, network and Internet connectivity problems).
- Your transaction request to TransChain or to the Services may be lost, intercepted or impaired during transmission.
- Unauthorized third parties can access or use your account and carry out some transactions without your knowledge or authorization, whether by obtaining your TransChain’s account password, by obtaining control over another device or account used by you as part of enhanced security measures activated on your account or by other methods.
Risks described in the previous section can lead to a transaction lost, an impossibility to access or transfer transactions. You accept that TransChain takes no responsibility for such risks. You hereby waive to engage TransChain’s responsibility as well as each of its respective affiliates, members, administrators, executives, employees, agents and respective representatives related to one of the risks set out herein.
You declare and guarantee that you have : (a) the required technical expertise and the capacity to evaluate the security, integrity and functioning of any transaction that you decide to acquire ; and (b) the knowledge, experience, comprehension, professional advices and information allowing you to make your own evaluation of benefits and risks of any transaction. You accept that you are responsible of your own analysis independent of risks related to transactions and services. You must not acquire transactions without having sufficient funds and being able to afford the loss of all transactions value.
TransChain does not provide any commercial advice and has no fiduciary obligation towards you or any other user.
11. Language of General Terms and Conditions of Use
It is expressly agreed between parties that in case of disagreement, the French version of the General Terms and Conditions of Use will be the only one to be used as a proof.
12. Modification of General Terms and Conditions of Use
TransChain reserves the right to modify its General Terms and Conditions of Use at any time and without prior notice. In case of modification of the General Terms and Conditions of Use, the applicable General Terms and Conditions of Use are these in force on the day of the transaction. It is recommended that the client prints the General Terms and Conditions of Use in force on the day of the transaction, notwithstanding the archiving rules implemented by TransChain.
13. Invalidity of a clause of the General Terms and Conditions of Use
The invalidity of a specific contractual clause does not lead to the invalidity of the General Terms and Conditions of Use.
14. Applicable law and jurisdiction
Any litigation related to the use of services offered by TransChain is submitted to the French law.
Except in cases where the law does not allow it, exclusive jurisdiction is conferred on the competent courts of Strasbourg.