EZtrack® Website and EZprofile® Service Terms & Conditions
Last updated: October 2023
Definitions
For the purposes of these Terms and Conditions:
Company (referred to as either “the Company”, “the Provider”, “We”, “Us” or “Our” in this Agreement) refers to Miraxyz SAS, 58 Rue Barreyre, 33300, Bordeaux, France
Service refers to the EZtrack parent website available to Customers at: https://eztrack.studio/, its sub-domain: https://app.eztrack.studio/ and its affiliate Service page dedicated to both communicate about and online purchase the EZprofile software product at: https://eztrack.studio/ezprofile/.
Customer: any professional or natural person capable within the meaning of Articles 1123 and following of the Civil Code, or legal person, who visits the Site subject to these general conditions.
Content: All components of the information on the Site, including text – images – videos.
Customer information: Hereinafter referred to as “Information(s)” which corresponds to all personal data that may be held by the EZtrack web site for the management of your account, the management of the customer relationship and for analysis and statistical purposes.
User: Internet user logging in, using the aforementioned site.
Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply” (Article 4 of Law No. 78-17 of 6 January 1978).
The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country or legal Jurisdiction refers to: FRANCE.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to the EZtrack parent website: https://eztrack.studio/ and the EZprofile affiliate Service page, accessible at: https://eztrack.studio/ezprofile/.
“Customer” or “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to purchase the EZprofile software.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Miraxyz SAS. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the EZprofile application or the EZtrack website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Presentation of the website
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, users of the EZtrack website: https://eztrack.studio/ and its affiliate Service page https://eztrack.studio/ezprofile/ are told the identity of the various stakeholders in the context of its implementation and monitoring:
Owner: Miraxyz SAS – VAT number: FR54888498383 – 58 Rue Barreyre, 33300, Bordeaux, FRANCE
Responsible for publication: Aurélien Schmitter
The person responsible for publication is a natural person or a legal person.
Webmaster: Stéphane Delouche
Host: ovh-2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Aurélien Schmitter – contact@miraxyz.com
The legal notices comply with GDPR.
General conditions of use of the site and the services offered
The EZtrack website is a work of the spirit protected by the provisions of the Intellectual Property Code and the applicable International Regulations. The Customer may in no way reuse, assign or exploit on its own behalf all or part of the elements or works of the Site.
This website is normally accessible to users at any time. An interruption due to technical maintenance can however be decided by Miraxyz SAS, which will then try to communicate the dates and times to the users beforehand of the intervention.
The EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/ are updated regularly by Miraxyz SAS webmaster or responsible. In the same way, the legal notices can be modified at any time.
Description of services provided
The EZprofile affiliate page is intended to provide information about the software.
Miraxyz SAS strives to provide as accurate information as possible. However, it may not be held responsible for any omissions, inaccuracies, or deficiencies in the update, whether caused by it or by the third-party partners who provide it with this information.
All the information given on the https//eztrack.studio site is given for information purposes and may change. In addition, the information on the EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/ is not exhaustive. They are subject to changes that have been made since they were posted.
Contractual limitations on technical data
The EZtrack website cannot be held liable for material damage related to the use of the website. In addition, the user of the site undertakes to access the site using a recent material, containing no virus and with a browser of last generation and up to date. The EZtrack website is hosted by OVH; a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679)
The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the possibility of interrupting the hosting service for the shortest possible duration, for purposes of maintenance, improvement of its infrastructure, failure of its infrastructure or if the Services generate traffic deemed abnormal.
For both the EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/, the hosting provider cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephony equipment, in particular due to network congestion preventing access to the server.
Intellectual property and counterfeits
Miraxyz SAS is the owner of the intellectual property rights and owns the rights to use all elements and visual assets accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except with the prior written permission of Miraxyz SAS.
Any unauthorized use of the site or any of the elements it contains will be considered as an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
Limitations of Liability
Miraxyz SAS acts as the site’s editor for EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/ is responsible for the quality and veracity of the Content it publishes.
These cannot be held responsible for direct and indirect damage caused to the user’s hardware when accessing the EZtrack website and resulting either from the use of equipment not meeting the specifications, or from the occurrence of a bug or incompatibility.
The EZtrack website cannot also be held liable for indirect damages (such as loss of market or loss of chance) resulting from the use of the site and affiliate page. Interactive spaces (possibility to ask questions in the contact area) are available to users. Miraxyz SAS reserves the right to delete, without prior notice, any content deposited in this space that would contravene the applicable legislation in France, in particular the data protection provisions.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Management of personal data
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for trust in the Digital Economy, the IT and Freedom Law of 06 August 2004 as well as the General Data Protection Regulation (GDPR: No. 2016-679).
Persons responsible for collecting personal data
For the Personal Data collected as part of the creation of the User’s personal account and its navigation on the Site, the controller of the Personal Data is: https//eztrack.studio and its affiliate Service page https://eztrack.studio/ezprofile/ is represented by Mr. Aurélien Schmitter, its legal representative as the controller of the data it collects, the EZtrack website undertakes to comply with the legal provisions in force. It is in particular up to the Client to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, complete information on the processing of their personal data and maintain a record of the processing in accordance with reality. Whenever the EZtrack website processes Personal Data, Miraxyz SAS takes all reasonable steps to ensure the accuracy and relevance of Personal Data to the purposes for which https//eztrack.studio processes it.
Purpose of the data collected
The EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/ may process some or all the following data:
– to enable navigation on the Site and the management and traceability of the services and services ordered by the user: login and use data of the Site, billing, order history, etc.
– to prevent and fight against computer fraud (spamming, hacking, etc.): computer hardware used for browsing, IP address, password (hash)
– to improve the navigation on the Site: login and usage data
– to conduct optional satisfaction surveys in collecting email address
– to conduct communication campaigns (SMS, mail): telephone number, email address as the EZtrack website does not market user personal data, which is therefore only used for statistical and analytical purposes.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Right of access, rectification and opposition
In accordance with current European regulations, Users of the EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/ have the following rights:
– right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of the Users’ data right to lock or erase the Users’ data of a personal nature (Article 17 GDPR), where they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, disclosure or retention is prohibited
– right to withdraw consent at any time (Article 13-2c GDPR)
– right to limit the processing of Users’ data (Article 18 GDPR)
– right to object to the processing of Users’ data (Article 21 GDPR)
– right to the portability of the data that the Users have provided, when such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
– right to define the fate of the Users’ data after their death and to choose to whom the EZtrack website must communicate (or not) its data to a third party that they have previously designated.
As soon as Miraxyz SAS becomes aware of a User’s death and, in the absence of instructions from the User, Miraxyz SAS undertakes to destroy its data, unless its retention is necessary for evidentiary purposes or to fulfil a legal obligation.
If the User wishes to know how the EZtrack website uses its Personal Data, to request to rectify them or to object to their processing, the User may contact Miraxyz SAS in writing at the following address: DPO, Mr. Aurélien Schmitter, 58 Rue Barreyre, 33300 Bordeaux, France.
In this case, the User must indicate the Personal Data that he would like Miraxyz SAS to correct, update or delete, identifying himself precisely with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on the EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/ by law, regarding the retention or archiving of documents. Finally, the EZtrack website Users can file a complaint with the supervisory authorities in France, in particular the CNIL: https://www.cnil.fr/en/complaints
Failure to provide personal data
The EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/ are prohibited from processing, hosting or transferring the Information collected on its Customers to a country outside the European Union or recognized as «inadequate» by the European Commission without informing the customer beforehand. However, Miraxyz SAS as editor of the EZtrack website remains free to choose its technical and commercial subcontractors on condition that they provide sufficient guarantees regarding the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
Miraxyz SAS undertakes to take all necessary precautions to preserve the security of the information and that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is brought to the attention of Miraxyz SAS, the latter must inform the Customer as soon as possible and inform it of the corrective measures taken. Furthermore, Miraxyz SAS does not collect any «sensitive data».
The User’s Personal Data may be processed by Miraxyz SAS, exclusively for the purposes of this policy. Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to the data of the Customers are mainly the agents of our Sales & Marketing department.
Types of data collected
For users of the EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/, Miraxyz SAS does collect the following data which is essential for the operation of the service, and which will be retained for a maximum period of 13 months after the end of the contractual relationship:
– The contact information requested in the form, in the Contact page of the EZtrack website.
– Archive of the EZprofile software orders or preorders that will be made through the affiliate Service page https://eztrack.studio/ezprofile/.
Payments Terms & Services
To purchase the EZprofile software, Customer can only process payment online, via the EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/.
Payment will be processed through the Stripe platform to provide the Customer with access to various Payment Methods and Payment Processing Services such as but not limited to: PayPal, Visa, Mastercard.
The Customer understands that additional terms relate to both the Stripe platform as well as any specific Payment Method, as the Customer may also refer to the End User Terms of Service of the Stripe Payment Service provider for more information: https://stripe.com/en-fr/legal/end-users
Miraxyz SAS as the Provider shall issue invoice following online purchase of the EZprofile software by the Customer.
Miraxyz SAS as the Provider shall issue end-user license agreement (EULA) following online purchase of the EZprofile software by the Customer.
To have its EZprofile software order registered and processed by the Provider, the Customer must pay 100% of the total amount due through the Service page https://eztrack.studio/ezprofile/. The Customer will have choice to pay by debit card, or credit card, or direct debit or PayPal.
If the Customer does not pay any amount properly due to the Provider under these Terms and Conditions, the Provider will cancel either the order or pre-order at time of receiving notification via our Backoffice from the Stripe Payment service provider.
All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated exclusive of any applicable value added taxes such as the VAT, which will be added to those amounts and payable by the Customer to the Provider. For Customers based in France specifically, the applicable VAT amount is 20%.
Incident notification
No method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level.
No personal information of the user of the EZtrack website is published without the user’s knowledge, exchanged, transferred, or sold on any medium to third parties.
Security
To ensure the security and confidentiality of Personal Data, Miraxyz SAS as the editor of the EZtrack website takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
Internet “cookies” and “tags” hyperlinks
The EZtrack web site and its affiliate Service page https://eztrack.studio/ezprofile/ contains a number of hypertext links to other sites. However, Miraxyz SAS does not have the ability to check the content of the sites visited and will not assume any responsibility for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time, free of charge, from the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.
Cookies policy
A “cookie” is a small information file sent to the User’s browser and stored within the User’s terminal (e.g., computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, and the date and time of access. Cookies are not likely to damage the User’s terminal.
The EZtrack website is likely to process the User’s information about his visit to the Site, such as the pages visited, the searches performed. This information allows our website to improve its content and the User’s navigation.
Cookies facilitating the navigation and/or the provision of the services offered by the Site, the User can configure his browser to allow him to decide whether he wishes to accept them so that Cookies are saved in the terminal or, on the contrary, that they be rejected, either systematically or according to their issuer. The User can also configure his browser software so that the acceptance or refusal of Cookies is offered to him occasionally before a Cookie is likely to be registered in his terminal. The EZtrack website does inform the User that, in this case, not all the functionality of its navigation software may be available.
If the User refuses the registration of Cookies in his terminal or browser, or if the User deletes those registered there, the User is informed that his browsing and experience on the Site may be limited. This could also be the case when the EZtrack website or one of its providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
If applicable, Miraxyz SAS disclaims all responsibility for the consequences related to the degraded operation of the Site and of the services possibly offered by the EZtrack website, resulting (i) from the refusal of Cookies by the User (ii) the impossibility for the EZtrack website to save or view the Cookies necessary for their operation because of the User’s choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the help menu of the browser, which will allow to know how the User can change his wishes regarding Cookies.
At any time, the User can choose to express and modify his wishes regarding Cookies. The EZtrack website may also use the services of external providers to help it collect and process the information described in this section.
By clicking on the icons dedicated to Twitter social networks, Facebook, LinkedIn and Instagram appearing on the EZtrack website and if the User has accepted the deposit of cookies by continuing his navigation on the Website, Twitter, Facebook, LinkedIn and Instagram can also place cookies on your devices (computer, tablet, mobile phone).
These types of cookies are stored on your devices only if you consent, by continuing to browse the EZtrack website. At any time, the User may nevertheless withdraw his consent to deposit this type of cookies.
Internet Tags
The EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/ may occasionally use Internet tags (also called «tags», or action tags, pixel GIF, transparent GIF, invisible GIF and one-to-one GIF) and deploy them through a Web analytics specialist partner that may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in the online advertisements allowing users to access the Site, and on the various pages of the Site.
This technology allows the EZtrack website to evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened, and the information accessed), as well as the User’s use of this Site.
The external provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the EZtrack website, and its affiliate Service page https://eztrack.studio/ezprofile/ provide other services relating to its use and the Internet.
Applicable law and jurisdiction
Any dispute relating to the use of the EZtrack website and its affiliate Service page https://eztrack.studio/ezprofile/ is subject to French law.
Apart from cases where the law does not allow it, exclusive jurisdiction is granted to the competent courts of Bordeaux. The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the EZtrack website and the EZprofile Service.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
– By email: contact@miraxyz.com
– By visiting this page on our website: https://eztrack.studio/legal-mention/
