Portal Terms and Conditions

Access to and use of the Portal implies full acceptance of these terms of use, which constitute a contract between DESKi and the user acting in its name or in the name and on behalf of its company (the “User”).

The terms of use are fully enforceable against all Users who create an account on the Portal, the User company remaining in any event responsible for compliance with the terms of the terms of use by its Users.

1. Purposes of the Portal

The main purpose of the portal accessible at https://portal.heartfocus.ai/ is to allow Users to acquire and manage licenses enabling them to use HeartFocus™ applications (the “Portal”).
The Portal also allows Users to watch videos on how to use these applications.

2. Account creation

When creating an account, all Users who are authorized to bind their company must provide the following exact information: the name of the organization, the surname, firstname and email address of the User, as well as the password that will enable them to connect to their space. If any of this information changes, the User undertakes to notify the change.

The User designated in the registration form will receive any message concerning the management of his/her access, and in particular the activation link for his/her user space, and may therefore receive notifications. The User must keep its connection information confidential, not communicate it to third parties and inform DESKi of any fraudulent use that may be made of it. In any event, the User company shall remain solely liable for any consequences that may arise.

To access the Services, Users must be connected to their account by first identifying themselves with their login and password.

3. Intellectual property

The general structure of the Portal, including the software, as well as all content published on this Portal (images, articles, photographs, logos, trademarks, videos, texts, etc.) are protected by the intellectual property legislation in force in France as well as by the international legislation in force.
All reproduction rights are reserved, including photos, texts, downloadable documents andiconographic representations.

For this reason, without the express authorization of DESKi, it is strictly forbidden toreproduce, copy, display, distribute, publish, temporarily or permanently, in any medium or by any means whatsoever, the content of the Portal, in whole or in part, for purposes otherthan personal use, as well as to modify, translate, arrange or adapt it, in whole or in part, and to create derivative works. It is also prohibited to decompile, disassemble or reverseengineer the Portal.

Analyses and brief quotations of parts of the Portal are permitted under Article L.122-5 3° of the French Intellectual Property Code, provided that they are justified by the critical, polemical, educational, scientific or informative nature of the work in which they are inserted and that the following notice is clearly indicated: “DESKi – Document from the https://portal.heartfocus.ai/ website – All rights reserved”.

4. Data protection

All processing of personal data is carried out in compliance with the regulations in force onthe protection of personal data and in particular the provisions of the French Data Protection Act of 6 January 1978, as amended by the Act of 20 June 2018, and the General Data Protection Regulation (EU Regulation 2016/679) (hereinafter the "Regulations").

These terms apply to you if you are a natural person, and you have used the Portal on your behalf or on behalf of a legal entity. Your personal data may be collected:

  • When you provide it voluntarily: this is the case in particular for your identification data and contact details when you create an account on the Portal;
  • When you use the Portal: this includes technical data about your Internet connection, your browser and your devices, which is collected when cookies are deposited. Personal data collected by DESKi will be processed under its responsibility.

DESKi processes your personal data as detailed in the table below:

Purpose of processing Legal basis for processing Storage time in active base
Management of requests for information, sent by email Execution of pre-contractual measures taken at the request of the data subject Time required to process the request
Creation of the user account Execution of the "Legal information & terms of use" accepted at the time of registration of the User Duration of the User subscription
Commercial prospecting (sending prospecting emails, invitations to events, etc.) DESKi’s legitimate interest in promoting its services 3 years from the last contact with the User or until it objects
Carrying out statistical studies on the Platform Legitimate interest, i.e. improving the services offered Time needed to achieve the statistical objective
Litigation and pre-litigation management DESKi’s legitimate interest in defending its rights before the courts Pre-litigation: the time required to settle a dispute out of court.
Litigation: length of proceedings.

At the end of these retention periods, your personal data may be securely archived in an intermediate database for administrative purposes. For example, it may be archived for aperiod of 5 years from the end of the active database retention period, in the event of legalaction (legal statute of limitations), or for 10 years for accounting purposes. At the end of these periods, the data will be deleted or made anonymous, in accordance with the Regulations.

The personal data collected may be disclosed to our administrative staff as well as our ITservice providers.

In accordance with the Regulations, you have the right to access, rectify and, where appropriate, transfer and delete your data, as well as the right to object to or limit the processing of your data, and the right to define post-mortem directives. Where your consent has been obtained for the processing of your personal data (in particular for electronic canvassing), you may withdraw your consent at any time. If you wish to exerciseany of the aforementioned rights, please send your request by e-mail to the following address: dpo@deski.ai. Proof may be requested if there is reasonable doubt about your identity. If you exercise any of these rights electronically, your data will be provided to you electronically where possible, unless you have specifically requested otherwise. You mayalso lodge a complaint with your national data protection authority if, despite the responsegiven, you consider that your rights have not been respected.

The Portal uses several types of cookies, in particular to facilitate your browsing and tocollect visitor statistics.

A “cookies banner” is displayed on each first visit in order to
(i) inform you of the list and the of the supplier of the internal and external cookies used by DESKi, the purpose of thesecookies, as well as the retention periods and
(ii) to obtain your consent when the cookiesconcerned are not strictly necessary.

This banner can be consulted at any time when you wish to modify your preferences (in particular to withdraw your consent for the deposit of certain cookies) or simply to consult the information relating to the cookies used by DESKi, by clicking on the consent preferences button appearing at the bottom left of each page ofthe Portal that you consult.

The rights listed above may also be exercised for personal data collected by means of oneof the cookies used by DESKi.

5. Responsibility

We do our utmost to ensure that the Portal is accessible 7 days a week, 24 hours a day, subject to interruptions necessary for technical maintenance, servicing and updating. Access to the Portal may also be limited or interrupted due to malfunctions or interruptions in computer and telecommunications systems.

DESKi shall not be liable for any direct or indirect damage that may be caused to the user asa result of

  1. the direct or indirect consequences resulting from errors in the entry of contactdetails or other incomplete or incorrect information submitted by the User via this Portal,
  2. any unavailability, slowdown and/or difficulty in accessing the Portal, caused by any failureor inadequacy of the user’s Internet connection, or
  3. any security or other failures, including but not limited to the presence of malware and/or any incompatibility of thehardware, software and operating systems used by the user to access the Portal.

The Portal may contain hypertext links to other third-party websites. We have no controlover these third-party websites and therefore assume no responsibility for the availability ofthese sites, their content, advertising, products or services. The creation of hypertext links (simple or deep) to the Portail is subject to the prior agreement of our publication director. We reserve the right to modify any element of the Portal and/or the stipulations of these terms, at any time and without prior notice, for any reason whatsoever, in particular tocomply with current legislation or to develop the Portal, without these cases being exhaustive. In the event of substantial modification, we will post a special notice on the Portal. If you do not agree with these changes, you must stop using the Portal.