Terms of service

 

A. PEARLTREES TERMS OF USE

 

These Terms of Use are effective as of March 3, 2017.

 

 

General

 

Please read carefully these terms of use (the "Terms of Use") before registering on the www.pearltrees.com website (hereinafter the "Site") or subscribing to the services made available through the Site, including any services made available through the Pearltrees’ plug-ins (together the "Services"). These Terms of Use are governed by French law exclusively.

 

In these Terms of Use, the term “you” or “your” stands for you, i.e the end user who uses the Site or any of the Services offered by Pearltrees through the Site, and “we”, “us”, “our” or “Pearltrees” means Broceliand SAS, a French law company registered under identification number 504 599 267 with offices at 131, boulevard de Sébastopol, 75002 Paris, France, represented by Patrice Lamothe, directeur de la publication”.

 

By using and/or visiting the Site (including all content and functionality available through the Site), whether you are a registered user or not, you accept (i) the terms and conditions set forth below and (ii) the Pearltrees Privacy Policy attached to the Terms of Use and incorporated herein by reference. The Privacy Policy is available at http://www.pearltrees.com/info/privacy. If you do not agree to any of these Terms of Use and Privacy Policy, you are not authorized to use the Site and/or any of the Services.

 

These Terms of Use may be modified and/or updated from time to time by Pearltrees at its sole discretion. Although we may notify you of changes to our Terms of Use by sending you an email or placing a written notice on our Site, we highly recommend that you consult these Terms of Use (http://www.pearltrees.com/info/terms) on a regular basis.

 

If you need any further information or want to make a comment about these Terms of Use, please contact us at terms@pearltrees.net.

 

Section 1: Pearltrees Site

 

The main objective of Pearltrees is to build the community of the Web editors, by offering its users the possibility to (i) map their daily navigations on the web, (ii) edit their maps through Pearltrees to organize their Web, (iii) share their maps in order to guide their friends or other members of the Pearltrees community or any Internet user through the Web and (iv) collectively build the living map of the Web.

 

Each registered Pearltrees user can save its Web browsing by using the Pearltrees’plug-ins applications to be installed in the Web browser. Recorded browsings will appear in a map format in the user account interface on the Site. The user may then reorganize, delete or comment its browsing content, in order to create an edited map of such content. Each edited map created by the user may appear in a "map" format or in a "play" format. Within the "play" format, Websites referenced and/or quoted in the user edited map appear in an iframe on the Site interface.

 

The public user profile and any map which a user decides to edit and publish on the Site will be freely accessible to all members of the Pearltrees community as well as to any non-registered visitor. As a consequence, you hereby agree to share all material, content and Web browsing which you record and publish on the Site with all the members of the Pearltrees community and any non-registered visitor.

 

Section 2: Registration and conditions of access

 

You must (i) be over 18 or possess legal parental or guardian consent, and (ii) agree to these Terms of Use, in order to be authorized to register as a user on the Site.

 

You will have to create an account prior to installing the Pearltrees’plug-ins in order to benefit from the Site and Services. The registration form is available at www.pearltrees.com.

 

The information you provide for creating your Pearltrees account must be complete and accurate. In particular, you must provide a valid email address. Please remember that using fake or inaccurate compulsory information constitutes a violation of these Terms of Use.

 

Once your registration has been completed, you will have a Pearltrees account log-in and password. You must keep your account password secure and immediately notify us of any unauthorized use of your account by a third party. Pearltrees may not be held liable for any losses caused by an unauthorized use of your account. You may never use any other user account without such user’s permission.

 

Access to the Site and use of the Services are completely free. However, you acknowledge that Pearltrees reserves the right to charge for part of the Services and/or specific functionalities of the Site in the future. Pearltrees will notify you in advance of its amended Terms of Use prior to any part of the Site or any of the Services being offered on a paying basis.

 

Section 3: Our intellectual property rights

 

The Site and the technology enabling Pearltrees to offer you the Services are the exclusive property of Pearltrees. Provided that you have completed your registration on the Site, we grant you a free, personal, non-exclusive and non-transferable right and licence to access and use the Services on the Site, provided that you agree to and comply with the Terms of Use.

 

The Pearltrees content included on or accessible through the Site (such as text, logos and favicons, names, designations, button icons, features, functionalities, information, data, typefaces, and other material and software made available by us, hereinafter referred to as the “Pearltrees Content”) is owned by Pearltrees and is protected by copyrights, trademarks, trade secrets, an/or other proprietary rights, and you acquire no right on or over the Pearltrees Content.

 

Pearltrees Content may only be downloaded, copied and reproduced in compliance with the Terms of Use and for an authorized and appropriate use of the Service. In no event shall Pearltrees Content be distributed, licensed, or otherwise exploited by you for any purpose whatsoever without the prior written consent of Pearltrees.

 

You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon, or otherwise alter in part or in full any Pearltrees Content. Pearltrees reserves all rights not expressly granted to you hereunder.

 

Pearltrees has developed plug-ins applications for the purpose of the Services. The licence terms and conditions applicable to your use of these Pearltrees’plug-ins applications are provided in section C of the Terms and Conditions (see below).

 

Section 4: Your intellectual property rights

 

Any Web content you record and/or publish on the Site through any map, iframe, user profile, avatar (small picture you add to your public user profile), public discussion, or which may be transmitted or broadcast through, posted to and/or stored in the Website (each a “User Content”) belongs to you (and/or to its original owner if such owner is not you), and we acknowledge that any User Content posted by you on the Site remains your property under intellectual property laws applicable to such User Content (right of authorship, copyright, specific law applicable to databases or any other proprietary rights).

 

By making your User Content accessible to other users (Pearltrees users or any Web user) on the Site or through the Services, you agree to allow Pearltrees and any user of the Site to view, use, display, quote, reproduce, edit and modify your User Content free of any charge.

 

The maps containing User Content which you create and share are protected under the law applicable to databases, and you therefore hereby expressly agree to authorize Pearltrees or any user to extract and/or re-use any substantial part of your maps.

 

You agree not to consider any material that you have not personally created (or for which you have not obtained the necessary authorisations from third parties, including copyright collection organizations) as your User Content.

 

As long as your account is active, all of your User Content will be available to others in the form under which you have created and published such User Content. Upon the de-activation of your account or deletion of a User Content from your account, your User Content shall not remain available to others, except for those of your maps followed by other users (including any attached comments) which will remain available for an unlimited period but without any personal information (such as your pseudo or avatar) in relation to you, which will be removed from the above mentioned maps for privacy protection purposes.

 

Section 5: Our liability

 

We are under no legal obligation to, and therefore will not, monitor or control any Web content you or any other user records and/or publishes on the Site through any map, iframe, user profile, avatar (small picture you add to your public user profile), public discussion, or which may be transmitted or broadcast through, posted to and/or stored in the Website (each a “User Content”).

 

Our only obligation as host and service provider is limited to (i) the retention of your connection data, which is kept confidential and treated in compliance with French laws and regulations on personal data as well as the Privacy Policy, and to (ii) the removal of all illegal, infringing or objectionable content which has been notified to us.

 

Except as and to the extent provided by applicable law, Pearltrees may only be held liable (in contract, tort, misrepresentation, restitution or otherwise) for direct and foreseeable losses arising out of, or in connection with the use of the Site and Services, and excluding all indirect, consequential or other losses (such as loss of profit, loss of data, economic loss or losses to other programs or equipment).

 

Section 6: Your liability

 

You are responsible and liable for your use of the Site and Services, and in particular for any User Content you publish on the Site and for all consequences of posting/publishing it on the Site.

 

You are responsible for ensuring that your User Content complies with all applicable local, national and international laws and regulations. In particular, your User Content must not (i) infringe any third party intellectual property rights, (ii) cause any other personal or moral loss or distress (including libel, slander, etc.) or infringe the right of privacy, or (iii) be contrary to public order (including, for instance, attempts to justify crime against humanity, incite to racial hatred, promote child pornography, etc.).

 

You agree not to use the Service in an inappropriate or objectionable manner, and are prohibited to harvest or collect email addresses or any other personal information, register for serial accounts, misrepresent who you are, post or share any unsolicited advertising, promotional material (spam, junk mails, chain letters…) or material that contains virus or other malicious programs, and more generally to use the Service or the Site in any manner that may damage, disable, overburden or impair the Service and/or the Site or third parties networks, software or equipment.

 

Pearltrees expressly reserves the right to remove User Content without prior notice if such content (i) is or appears to be, in our reasonable opinion, contrary the Terms of Use and/or (ii) has been notified to Pearltrees as illegal or otherwise infringing.

 

Section 7: Exclusion of warranty

 

The Services are provided "as is" and Pearltrees makes no warranty or representation to you with respect to such Services or the Site. In particular, Pearltrees does not represent or warrant that: (i) your use of the Services will meet your requirements or expectations, (ii) the Site will be continuously available (including, but not limited to, in the event of scheduled or unscheduled interruption for maintenance) and your use of the Services will be uninterrupted, timely, secure, or free from error, (iii) the information obtained through your use of the Services will be accurate or reliable or, (iv) defects or errors in the operation or functionality of any software provided to you as part of the Services will be corrected.

 

No condition, warranty or other term (including any implied terms as to satisfactory quality, fitness for purpose or compliance with description) applies to the Site and/or Services, except to the extent that they have been expressly set out in the Terms of Use.

 

Section 8: Account termination

 

You are responsible and may be held liable towards us for any breach of the Terms of Use. On top of any remedies that we may be entitled to claim for any such breach, please note that any failure on your part to comply with the Terms of Use may lead to the de-activation of your account by Pearltrees without notice.

 

Section 9: Jurisdiction

 

The Terms of Use, the Site and the Services are governed by French law exclusively. Any claim or dispute in relation to your use of the Site and/or of the Services which cannot be resolved or settled by the parties to the Terms of Use may only be brought before the competent Court in Paris, which shall have exclusive jurisdiction.

 

 


 

B. PEARLTREES PRIVACY POLICY

 

This Privacy Policy is effective as of March 3, 2017.

 

General

 

In this Privacy Policy, the term “you” or “your” stands for you, i.e the end user who uses the Site or any of the Services offered by Pearltrees through the Site, and “we”, “us”, “our” or “Pearltrees” means Broceliand SAS, a French law company registered under identification number 504 599 267 with offices at 131, boulevard de Sébastopol, 75002 Paris, France, represented by Patrice Lamothe, CEO and directeur de la publication”.

 

The Privacy Policy applies to the Pearltrees website located at www.pearltrees.com (the “Site”) and to all services offered by Pearltrees through the Site and through the Pearltrees’plug-ins applications.

 

Pearltrees provides you with this Privacy Policy in order to inform you of our processes regarding the collection, use, sharing and possible limited disclosure of your personal and non-personal information collected by us.

 

This Privacy Policy may be modified and/or updated from time to time at the sole discretion of Pearltrees. We will notify you of any change to our Privacy Policy by placing a notice on the Site.

 

Information will be subject to the Privacy Policy version in force at the time of its collection. You should consult Pearltrees Privacy Policy (http://www.pearltrees.com/info/privacy) on a regular basis in order to check the current Privacy Policy.

 

If you need any further information or wish to make any comment about the Pearltrees Privacy Policy, please feel free to contact us trough our Site at privacy@pearltrees.net or write us at: Broceliand SAS/Privacy Agent, 131, boulevard de Sébastopol, 75002 Paris, France.

 

Section 1: Information collected

 

Pearltrees will collect personal information when you register with Pearltrees, when you use Pearltrees Services made available through the Site and, if you activate the record function (“pearl button“) of the Pearlbar, when you browse the Web.

 

Information required for your registration

 

You can connect to and surf on the Site without having to register and create an account, but you will not be able to use some of the Services offered by Pearltrees.

 

In order to complete your registration, you are required to provide us with a user name (pseudo) and a valid email address, as well as some other personal information which is required by the French 2004 LCEN law. Such compulsory information remains confidential and shall not be communicated by Pearltrees to third parties unless otherwise stated in this privacy policy.

 

Additional information

 

Your full user name and your photo, if you decide to upload one, are displayed to people in the Pearltrees network and to any other Site visitor.

 

Once registered as a member on the Site, you may provide additional information in your profile, including (but not limited to) your biography, location, personal Web site, etc. Please note that any additional information that you give by using the Service, and more particularly when you fill-in your profile, will be made available to all other users of the Site.

 

We remind you that any sensitive information about yourself, in particular in relation, to your political, religious, sexual preferences or private life that you provide for publication on the Site will be publicly available.

 

Providing additional information which is not required for registration is not compulsory, and is left to your choice. Please note that such additional information is useful for identifying you better and to find new friends and opportunities within the Pearltrees community. If you contact us by email through the Site, we may keep a record of your contact information and correspondence.

 

Web browsing information

 

As the main purpose of the Services offered by Pearltrees is to map the Web and to allow you to create and share Web maps with other users of the community, some information concerning your Web surfing will be collected only when you activate the record function (“pearl button“) of the Pearltrees’plug-ins.

 

The Pearltrees’plug-ins thus record url, favicon, page title and time of visit only when activated and only for the sites that you ask to record. Pearltrees values your privacy greatly. By no means does the Pearlbar record your browsing information when the record function (“pearl button“) is not activated. The Pearlbar is in open source under a GNU GENERAL PUBLIC LICENSE Version 3 (GNU GPL 3 - http://www.gnu.org/licenses/gpl.txt) licence and the code source is available here: https://addons.mozilla.org/en-US/firefox/addon/11255/and http://www.pearltrees.com/s/collectorChrome/source.

 

 

If you do not accept the collection of such information by Pearltrees, you may deactivate Pearltrees’ plug-ins by clicking on the activation/deactivation button of the respective Pearltrees’ plug-ins.

 

Log Data

 

When you access Pearltrees Services, our servers record information sent by your Web browser ("Log Data").

 

Log Data may include information such as time and date of visit, last Pearlbar type (if relevant), your IP address, browser type, the Web pages you visit on our Site, incoming links (including search requests), advertisements or hypertexts, and outgoing links you follow once you leave our Site. When the record function (“pearl button“) of the Pearlbar is activated, they also record url, favicon, page title and turns this information into a pearltree in your account (i.e. a visual representation).

 

We use the above-mentioned Log Data to monitor the use of the Site and of our Services, and for the technical administration of the Site.

 

Cookies & LSO

 

Like many Websites, we use the "cookie" and “cookie-like” (local share objects or LSO) technology. A cookie is a small piece of information that's stored by a Web site on your computer. Like many other sites, the Site uses cookies to maintain user preferences and make it easier for you to use our site. We do not use cookies to collect personal information but LSOs collect information about your browsing as required for the performance and improvement of the Service.

The cookie is implemented in your personal computer after your registration and at any identification session (in the case the cookie has been removed from your computer). This is a persistent cookie which remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies may be removed by following your Web browser help file directions. Information about how to refuse implementation of cookies may be available on the website of your personal data commissioner/authority. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

How does Pearltrees use cookies?

A visit to a page on the Site may generate the following types of cookie:

- Site performance cookies

This type of cookie remembers your preferences for tools found on the Site, so you don't have to re-set them each time you visit.

- Anonymous analytics cookies

Every time someone visits our website, software provided by another organization generates an 'anonymous analytics cookie'. These cookies can tell us whether or not you have visited the Site before. Your browser will tell us if you have these cookies and, if you don't, we generate new ones. This allows us to track how many individual users we have, and how often they visit the site. Unless you are signed in to the Site, we cannot use these cookies to identify individuals. We use them to gather statistics, for example, the number of visits to a page. If you are logged in, we will also know the details you gave to us for this, such as your username and email address.

- Registration cookies

When you register with the Site, we generate cookies that let us know whether you are signed in or not. Our servers use these cookies to work out which account you are signed in with.

- Third party advertising cookies

Some advertisements you can see on the website are provided by other organizations. Some of these organizations use their own cookies to track how many people have seen a particular ad, or to track how many people have seen it more than once. The companies that generate these cookies have their own privacy policies, and we have no access to read or write these cookies. These organizations may use their cookies to anonymously target advertising based on your visit on other websites.

 

Section 2 : Processing and rights

 

Processing

 

Pearltrees only processes personal information for the following purposes:

- Providing you with the Services made available trough the Site;

- Managing your registration account;

- Developing the Pearltrees network community and improve our Services;

- Promote our Services and/or any new functionality offered through our Services;

- Displaying customized content and advertising destined to you.

 

By using our Services you consent to the processing of your personal information for the purposes mentioned here above.

 

Your personal information is processed for the purposes of internal management of the Site and for providing/improving our Services. We will offer you an effective way to opt out of such process by following the instructions included in our communications or placed on the Site.

 

For any processing of your personal information for other purposes, your prior consent will be requested.

 

Right of access and removal of your personal information

 

You have the right to access, modify or remove any of your personal data in relation to the Site or Services at any time by sending us an email to that effect at privacy@pearltrees.net.

 

Your right of access, modification and removal of any personal information collected when you register on the Site, use our Services and/or fill-in your personal profile, is governed by the local legislation applicable to you, depending upon your country of residence.

 

Section 3: Information sharing and disclosure

 

Third parties service providers

 

Protection and confidentiality of your personal data is a major concern of Pearltrees.

 

We do not share with thirds parties any personal information about you, except to the extent strictly required for Site hosting and maintenance, database storage and management.

 

We will share your personal information with such technical contractors, but only to the extent strictly necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.

 

Pearltrees uses selectively third party services to improve the quality of our Services. In doing so, Pearltrees may selectively share some of your personal information as required by these services. In particular, if you put urls directing to documents (e.g., pdf, word processing, presentations) in your account, third party services may be used to view these webpages. By doing so, you accept the terms of services and privacy policy of Scribd (http://support.scribd.com/forums/33939/entries/25459). In addition, you understand that some features you may choose to activate can trigger the sharing of personal data to third parties (e.g., the invitation feature may share your email address with the people you invite).

 

Information storage location and duration

 

Pearltrees servers are located in France. By using the Site and providing us with your personal information in the event you reside out of France, you consent to the transfer of your personal information to France, where it will be processed and stored under French privacy standards.

 

Pearltrees processes personal information strictly for the time necessary to the use of Pearltrees Services. However, and only to the extent required by law, such information will be stored on our servers one year as from the inactivation date of your account. Upon the end of this one-year period, any personal data collected in respect of this Privacy Policy and recorded in our servers will be destroyed.

 

 

Section 4: Confidentiality and security

 

The confidentiality and security of your personal information is a priority for Pearltrees.

 

We set up and use physical and electronic measures designed to protect your information from inappropriate processing.

 

In particular, we have implemented security policies, rules and technical measures aiming at protecting your personal data from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss.

 

Section 5: Links to other Websites

 

This Privacy Policy applies to Pearltrees services only but our Site may contain links to other Websites. The existence of suck links, if any, is not an endorsement, authorization or representation of our affiliation with such third parties. We do not exercise control over third parties Websites. These other Websites may place their own cookies (or any other file) on your computer, collect or process your personal information. Other sites may follow different rules regarding the use or disclosure of the personal information collected. We suggest you to read the privacy policies or statements of the other Websites you visit.

 

Section 6: Children policy

 

The Site is not directed to persons under 18. If a parent or guardian discovers that his or her child has provided us with personal information without their consent, he/she should contact us at privacy@pearltrees.net and we will immediately delete such information from our file.


 

C. PEARLTREES PLUG-INS LICENSE

 

This document was last revised April 22, 2010.

 

Important — please read carefully the terms of this software license agreement (the "Plug-ins License").  By clicking on the "DOWNLOAD" button or by downloading, installing or using the “Plug-ins” (as defined below), (i) you you expressly agree to be bound by the terms of this Plug-ins License, and (ii) you represent that you have the authority to enter into this Plug-ins License. If you do not agree to all terms and conditions of this Plug-ins License, you should click on the "Cancel" button to discontinue the download or stop the installation of the Plug-in (as the case may be), and discontinue any use of the Plug-in.

 

This Plug-ins License is a legal agreement between you, the end user ("End User" or "you") and Broceliand SAS, registered under identification number 504 599 267 and located at 131, boulevard de Sébastopol, 75002 Paris, France - provider of the Pearltrees service - ("Pearltrees", "us" or "we"), for the license of a) the Pearltrees add-ons for Microsoft Internet Explorer, Mozilla Firefox, Safari and Chrome web-browsers and / or b) Pearltrees bookmarklets for all web-browsers, which includes computer software and electronic documentation (the "Plug-ins").

 

The Pearltrees’ Plug-ins are subject to the GNU GENERAL PUBLIC LICENSE Version 3 (GNU GPL 3): http://www.gnu.org/licenses/gpl.txt

 

You can find source code of the Pearltrees add-on for Mozilla Firefox here: https://addons.mozilla.org/en-US/firefox/addon/11255/

 

You can find source code of the Pearltrees add-on (extension) for Chrome here: http://www.pearltrees.com/s/collectorChrome/source

Further Information. If you have any question or need any further information regarding this Plug-ins License, please feel free to contact us at terms@pearltrees.net.