Terms of use

Regarding surveys:

• Title field: every Publication must have a question in lowercase letters with the first letter capitalized (except for proper names and acronyms). Furthermore, the question must be short and explicit.
• The survey is written in clear terms understandable by the majority.
• Before creating a new Publication, the User can ensure that there is no identical Publication or one addressing a similar subject.
• The publication (survey and text) cannot mention a call for donations or propose a hyperlink redirecting the user to a fundraising platform, a crowdfunding service, and/or a petition site other than MesOpinions.

Regarding comments:

• Any Publication must comply with the provisions set out below in the Writing Rules.

5.2 Writing Rules for Publications

The User is prohibited from disseminating Publications or Comments that are illegal, offensive to public morals, public order, or the rights and interests of third parties, including commercial interests.

In particular, the following Publications and Comments are prohibited, listed here non-exhaustively:
• Publications and Comments that may resemble a form of propaganda or proselytism.
• Publications and Comments that are defamatory, insulting, obscene, aggressive, inciting racial hatred, denialist, revisionist, violent, obscene, zoophilic, pedopornographic, pornographic 
• Publications and comments that harm the employees of MesOpinions and MesOpinions in general.
• Publications and Comments that infringe the intellectual property rights of third parties (trademarks, copyright…),
• Publications and Comments that infringe the respect due to the privacy or the right to the image of a third party,
• Publications and Comments that infringe the presumption of innocence or a secret of the investigation.

Freedom of expression is one of the pillars of democracy protected and enshrined by the European Convention on Human Rights in its Article 10. The User is therefore free to express themselves, but their freedom does not allow them to “say anything” and “write anything,” except to be accountable for their Publications and Comments before the competent courts (criminal or civil). The User therefore agrees to moderate their remarks.

It should be noted that a person can be considered criminally responsible from the age of 13 and that the legal representative of a minor may be held liable, if necessary, to repair the damage caused by the incapable person placed under their responsibility.

• Publications (photos, videos) including persons under the age of 13 will be deleted to respect the right to the image of minors.
• Publications (petitions or surveys) that have not received the authorization of the parents or legal guardian and written by a person aged 13 will be deleted without delay (Right to the image).

Publications and Comments posted by Users exclusively express their personal opinions. The Company does not intend to endorse or disapprove of them and cannot be held responsible for the content of these Publications and Comments of which it is not the author.

Given the general interest attached to the repression of the glorification of crimes against humanity, incitement to commit acts of terrorism and their glorification, incitement to racial hatred, hatred towards individuals based on their gender, sexual orientation or identity, or disability, as well as child pornography, incitement to violence, particularly against women, and violations of human dignity and offenses under the fifth and eighth paragraphs of Article 24 of the law of July 29, 1881 on press freedom and Articles 227-23 and 227-24 and 421-2-5 of the penal code, the User can report Publications and Comments falling within this framework via the link Contact us present on most pages of the Site or at the following email address: [email protected].

In the event that the User provides, during their registration or in the context of using the Site, photographs, images, or any other Publication, they agree:
- to hold the copyright protecting the photograph, image, or relevant publication;
- to authorize the Company to disseminate this photograph, image, or Publication on the Site;
- to refrain from disseminating a photograph, image, or Publication on which identifiable third parties appear, unless they have obtained their express permission.

The Company MES OPINIONS reserves the right to proceed, upon notification from a third party, to any removal of a photograph, image, or Publication that infringes the right to the image.

In general, the User acknowledges the possibility for the Company to remove any Publication or Comment that does not comply with the aforementioned writing rules.

5.3 Verification of Site Compatibility

The User ensures that they have taken note, prior to accepting these terms, of the technical characteristics and security measures of the Site.
The User is responsible for all equipment (hardware and software) necessary for using the Site via the internet. The User must regularly update their equipment and internet connection necessary for the proper functioning of the Site.

5.4 Access Codes

Access to the User Account is secured to permanently protect, against unauthorized third parties, all User data that may circulate through the systems in the context of using the site.
The User is informed that the Access Codes allowing them to access their User Account are strictly confidential and must not be communicated to third parties.
The User assumes exclusive custody of them and ensures their confidentiality to prevent any risk related to computer security. They ensure that an unauthorized person cannot access them and take the necessary measures to this end. (It is recommended to use unique numbers, letters, and special characters).
The use and preservation of the Access Codes are the sole responsibility of the User who will bear alone the consequences that may result from their use by third parties who have had knowledge of them. The Company shall not be held responsible for any loss or damage resulting from the User's failure to comply with these requirements.

The Company cannot be held responsible, notably and by way of example, for theft, usurpation, and generally for the misuse that may be made of the Access Codes.

If the User does not control their password, they risk not only losing control of a significant part of their personal data but their legal responsibility will also be engaged for any action taken in their name. Therefore, any breach of confidentiality of a password must be immediately reported to the Company and the said password duly modified without delay by the User.

5.5 Information Provided

The User guarantees that all information provided during their registration on the Site (relating in particular to their identity and contact details) is correct and agrees to update it regularly.

Users attest to the veracity and accuracy of the information transmitted through the use of the services, said information cannot in any case be misleading, false, incorrect, or likely to mislead.

5.6 Use of the Site

The User agrees to use the Site only for the purposes intended in these General Terms of Use and in strict compliance with technical and security standards.

The User understands and accepts the Functionalities of the Site.

The use of the Site is under the exclusive responsibility of the User. Consequently, any processing, transmission, dissemination, or representation of information or data via the Site by the User is carried out under their sole and entire responsibility and in strict compliance with the legal and regulatory provisions relating to the use of the online service.

The User is solely responsible for the content they publish and for which they interact. The User agrees not to disseminate content (texts, images, photos, videos, links…) that may infringe the rights and interests of third parties, contravene the laws and regulations in force, or infringe public order and morals.

Similarly, the User agrees not to transmit, via the Site, any Content including computer viruses or any other code, file, program designed to interrupt, destroy, or limit the functionality of any software, telecommunications computer, without this enumeration being limiting.

The User is responsible for any content that violates all of these provisions.

The User also agrees to report to the Company MES OPINIONS, without delay, any anomaly concerning the use of the Site, at the following address: [email protected].

The User agrees to respect the image of the Company and its reputation, as well as those of other Users. They agree not to make any statements and/or actions that may harm the Company or other Users of the Site. 

5.7 Backup, Security, and Confidentiality of Data

The User assumes full responsibility for the complete and regular backup of their data.

The User agrees to regularly back up their data and ensure its security and confidentiality.

5.8 Processing of Personal Data

The User acknowledges and agrees that it is their responsibility to comply, for any processing they may carry out on the personal data of third parties, with the provisions resulting from the Data Protection Act No. 78-17 of January 6, 1978 as amended.

5.9 Exclusions / Withdrawal / Suspensions

The Company reserves the right to withdraw any Publication or Comment from the User that does not comply with these General Terms of Use.

The Company also reserves the right to suspend or exclude a User who does not comply with the provisions of these General Terms of Use.

5.10 Recovery of Signatory Data by Publication Authors

Publication authors, via their dashboard, can download certain data on users who signed their publication for free, in accordance with the GDPR and the rules in force on the protection of personal data. This data includes: Date and time of signature, Name, First name, Postal code, City, Country.

Article 6 Obligations of the Company

6.1 Availability

The Company agrees to take reasonable measures to ensure that the Site is accessible via the Internet 365 days a year, 24 hours a day, 7 days a week, except in cases of force majeure, technical difficulties and/or computer and/or telecommunications issues and/or maintenance periods (including updates).

The Company cannot be held responsible for any unavailability of the Site related to the User's internet connection, their equipment, or their necessary maintenance operations for the functioning of the Site.

The Company reserves the right to immediately and without notice interrupt access to the Site for all Users and/or individually for the account of a User for the following three situations:

1- In order to carry out a technical intervention or for any maintenance operation.

As far as possible, the Company will inform the User in advance.

2- If the Company receives a notice notified by a competent authority, administrative, arbitral, judicial, in accordance with applicable laws or by a third party and in particular in accordance with Article 6 of the law for Trust in the Digital Economy of June 21, 2004.

3- In the event of use of the Site contrary to these General Terms of Use.

The User agrees that such deletion may result in the deactivation and deletion of their User account or password as well as the deletion of access to their User Account and the deletion of the content associated with it. 

6.2 Confidentiality and Security of Access

In general, the Company agrees to implement all technical means, in accordance with the state of the art, to maintain the integrity, security, and confidentiality of access to the Site.

6.3 Evolution of Functionalities.

The Company reserves the right to make modifications to the presentation, operation, or Functionalities of the Site, at any time, without prior notification.

6.4 Hosting

The Company ensures the hosting of the Site under conditions of security of access and premises in accordance with the rules of the art.

6.5 Maintenance

The Company ensures the evolutionary and corrective maintenance of the Site to ensure its sustainability and availability. As part of an obligation of means.

The User automatically benefits from any updates offered by the Company.

6.6 Adequacy of Functionalities

The Company does not guarantee that the Functionalities of the Site will be adequate for any particular use intended by the User, who is therefore responsible for verifying in advance the adequacy of the Functionalities provided to their needs.

Article 7 Intellectual Property Rights

The Site is the exclusive property of the Company.

Reproduction, representation, translation, dissemination, or modification, in whole or in part, of the elements of the Site (including trademarks, logos, graphic charter, navigation elements, etc., without this list being exhaustive), on any medium, online or offline, for commercial or non-commercial purposes, is prohibited without the prior and express authorization of the Company.

The User agrees not to infringe the intellectual property rights of the Company MES OPINIONS. Any reproduction of an element of the site by the User, without the Company's authorization, constitutes an act of counterfeiting liable to criminal and civil prosecution.

Furthermore, by accepting these General Terms of Use, the User grants free and non-exclusive rights to the Company, for the territory of the whole world and for the entire duration of their registration, the right to reproduce, represent, and, if necessary, modify the Publications and Comments of the User, in order to ensure their online publication, accessibility, and readability under the best possible conditions.

Article 8 Responsibility of the Company

Publications and Comments are posted by the User under their own responsibility, without prior moderation by the Company.

The Company does not intend to endorse or disapprove of them and cannot be held responsible for these Publications and Comments of which it is not the author.

The Company does not guarantee in any way their accuracy, quality, legitimacy, or compliance with the law, regulations in force, public order, morals, or the rights and interests of third parties.

The Company merely provides the User with a technical tool and remains completely third-party to the use that will be made of it by the latter.

The role of the Company is limited, in this context, to that of a host whose responsibility is defined by Article 6 of the Law for Trust in the Digital Economy (LCEN) of June 21, 2004.

In this capacity, it agrees to promptly remove any publication or Comment that would present a “manifestly” illegal character and that would be notified to it in the forms provided for in Article 6 of the LCEN.

Thus, the User has the possibility to report any complaints to the Site via the link Contact us present on most pages of the Site, or the following email address: [email protected].

Complaints are systematically processed within the day, except on weekends and public holidays (unless urgent). Each complaint is responded to by an employee of the Site.

However, it is not their role to arbitrate between opposing interests regarding content presented as illegal but not “manifestly” presenting such a character. In such a case, the Company would defer to any judicial decision communicated to it, ordering the removal of said content.

The Company is never held, under these General Terms of Use, to more than an obligation of means. Its responsibility can only be established in the event of proven fault or negligence in the execution of its obligations. In the event that any deadline has been notified to Users by the Company and considering the nature of the services to be performed, this deadline remains purely indicative in any case. The Company will make its best efforts to meet it but its responsibility cannot be engaged in case of non-compliance, except in the event of fault or negligence.

The User is warned of the technical hazards inherent in the use of the Internet and the access interruptions that may result from it. Consequently, the Company cannot be held responsible for any unavailability or slowdown of the Site.

Furthermore, considering the nature of the services provided and in particular the maintenance constraints, the Company cannot guarantee continuity of Services. If necessary, it will implement everything that is reasonably within its power to restore the Services as soon as possible. It is in no way held to an obligation of result.

Similarly, the Company's responsibility cannot be engaged if the provision of services is hindered, limited, or disturbed due to the following events:
- a decision by the authorities; 
- a case of force majeure as defined by Article 1218 of the civil code and by jurisprudence (including, fire, explosion, failure of transmission networks, collapse of installations, epidemic, earthquake, flood, power outage, war, embargo, strike, boycott, withdrawal of authorization from the telecommunications operator, or other circumstances beyond the reasonable control of the company);
- an interruption of the supply of electricity or transmission lines due to public or private operators; 
- abnormal or fraudulent use by the User or third parties requiring the Site to be stopped for security reasons (fault, negligence, omission);
- intrusion or fraudulent maintenance by a third party in the system, or illicit extraction of data, despite the implementation of security measures in accordance with current technical data, the Company only bearing an obligation of means regarding known security techniques; 
- the nature and content of the information and data created, transferred, and/or communicated by the User. More generally, the Company cannot be held responsible for data, information, results, and/or analyses from a third party, transmitted or received through the use of the Site that infringe the rights of third parties or that violate in any way the legislation in force; 
- a loss or delay in the delivery of information and data, when the Company is not the origin of this delay; 
- the functioning of the Internet network or the telephone or cable networks providing access to the Internet not implemented by the Company; 
- a failure of the hosting servers.

The Company cannot be held responsible for any damage, direct or indirect, resulting from the use of the Site or the Services and expressly excludes any form of guarantee.

The User is solely responsible for damages of any kind, material or immaterial, direct or indirect, caused to any third party, including the Company, due to the use or illegal exploitation of the Site, regardless of the cause and place of occurrence of these damages.

In general, the Company cannot be held liable for damages or indirect losses, loss of profit or expected savings, loss of revenue, reputational damage, damages not resulting directly and exclusively from a failure of the Site, nor from a third-party claim.

The User guarantees the Company against the consequences, claims, or actions that the Company may thus be subject to.

The User waives the right to take any action against the Company in the context of proceedings initiated by a third party against them due to the use or illegal exploitation of the Site.

In the event that the Company's responsibility is engaged, this responsibility would be expressly limited to direct damages resulting from the use of the Site or the Services, excluding any other indirect damage, of any nature, including loss of business, loss of clientele, commercial damage, loss of brand image, or economic damage.

Some legislative or regulatory provisions may limit the scope of these exclusions and limitations of guarantees or responsibilities, so that such limits of responsibility apply to consumers only in the following cases: force majeure, an irresistible event, the fault of a third party, or the personal fault of the User.

As a substantial and determining condition of consent, if the Company's responsibility were to be retained, the professional User could not claim any other indemnities and damages or any settlement, for all causes combined, other than a maximum amount of 500 (five hundred) euros.

Article 9 Protection of Personal Data

Article 9.1 Data Collected by the Company

The following information is processed:
- the name, first name(s), postal address, email, phone number, and date of birth of the User, as communicated during the creation of their User Account; 
- information related to Publications and Comments and to the activity of Users on the Site; 
- information resulting from interactions between the Site and Users, including information related to the computer and web connection of each User such as the IP address, statistics related to pages displayed, navigation data, advertising data.
- other additional information provided by the User voluntarily.

Simply consulting the Site does not result in any collection (except for cookies – see below of personal data of the User.)

Furthermore, the data collected may be communicated by the Company during the following events:
- at the request of control services (auditor), administrative and judicial authorities;
- to any third party provided with a judicial decision ordering such communication; 
- to the Company's Partners subject to the express consent of the User in order to ensure their operational activities (sending emails, enriching files).

Article 9.2 Purpose of Collecting User Data

The collection of the data listed above aims to improve the quality of the service of the website Mesopinions.com.

Moreover, the Company may be led to transfer the personal data of the User to NGOs or private companies when the User consents to receive a newsletter from said NGO or private company.

The Company and its subcontractors do not transfer the personal data of its Users outside the European Union.

Article 9.3 Retention Period of User Data

The maximum retention period for your personal data is limited to ten years from your last visit. The retention of the User's behavioral data is limited to one year. See below.

Article 9.4 User Rights Regarding the Processing of Their Personal Data

Under the General Regulation on the Protection of Personal Data, which came into effect on May 25, 2018, the User has rights ensuring better visibility on the processing of their personal data.

The rights related to the protection of the User's personal data are as follows:

•  The right of access

This is the User's right to access the personal data that has been collected about them and to exercise this right easily in order to be aware of the processing and verify its legality. (Article 15 of the GDPR);

•  The right to rectification

This refers to the User's ability to modify at any time the personal data concerning them (Article 16 of the GDPR);

•  Right to erasure, right to be forgotten

At any time, the User is free to withdraw their consent regarding the processing of their personal data.

(Article 17 of the GDPR);

•  Right to restriction and objection

The User has the right to object to any processing of their personal data, including processing related to profiling. Thus, the User can object to the use of cookies.

 (Article 18 of the GDPR);

•  Right to notification

The data controller shall inform the data subject of any rectification, restriction, or erasure of personal data.

(Article 19 of the GDPR)

•  Right to data portability

The User has the right to request all personal data concerning them that they have provided to a data controller.

The right to data portability is exercised by the User provided that the request is not excessive.

The format of the document is readable and structured.

(Article 20 of the GDPR)

Article 9.5 Methods for Exercising These Rights by the User

The User can at any time send a request to the Mes Opinions team by sending an email to the following address: [email protected], or by clicking on the Contact us link provided at the bottom of each page of the Site.

The User can also file a complaint with the CNIL.

Furthermore, a data protection officer (DPO) ensures that mesopinions.com complies with European and national standards regarding the protection of personal data.

You can contact them for any questions regarding the protection of your data, and particularly for the implementation of your user rights, at the following email address: [email protected].

The subcontractors of the Company Mes Opinions are also compliant with the regulations regarding the protection of personal data.

Article 9.6 Cookies

Other data may be collected through the use of cookies. There are two types of cookies:

On one hand, cookies that allow the collection of connection data. This tracking is anonymous and does not require the User's consent. It leads to the development of statistics on the Site's traffic for the Company MES OPINIONS to improve its service.

On the other hand, there are cookies that require the prior consent of the User. They allow the Site to improve its service by offering petitions related to your interests.

The retention period of this information on the User's device is one year.

Opposition to cookies is possible and depends on the version of your browser.

Most cookies are “session cookies,” linked to the User's browser and which in some cases are automatically deleted from the User's hard drive at the end of a session. In other cases, manual deletion is possible. However, there are “flash cookies,” independent of the User's browser, which cannot be eliminated using this method.

Article 10 Sponsored Petition

Sponsored petitions give the User of the Site the opportunity to showcase their favorite petitions to a larger number of people, who otherwise may not have seen them. Similar to sponsored Publications on Facebook or sponsored tweets on Twitter, sponsored petitions allow the User of the Site to pay to present any petition (including their own petitions) to other Users of the Site.

When a User pays to sponsor a petition, it is highlighted on the Site (including the homepage). For every euro paid, the Site displays the petition to a defined number of people at the time of payment for the sponsorship.

The Company reserves the right to use the distribution channels at its disposal to promote the sponsored petition.

Sponsoring a petition often leads to collecting more signatures and thus helps to advance a campaign.

This sponsorship does not constitute a promise of signature on the said petition. The Company is not subject to an obligation of results, but rather to an obligation of dissemination.

However, the User benefits from a “satisfaction or money-back guarantee.” To exercise their right to a refund, the User must contact the Site by email at the address [email protected]. Their request must be made within 2 weeks (14 days) following the sponsorship. The refund is effective within a month exclusively to the bank account used for payment.

The Company makes its best efforts to present the petition that the User sponsors to the number of people indicated above. In rare circumstances, the Company may not be able to disseminate the petition to the exact number of people indicated, particularly when the petition is deactivated.

The payment tools used in this functionality are Stripe and Paypal. It is specified that the Company does not store any banking data and that the processing tools do not charge any transaction fees to Users. Furthermore, transactions are final.

Article 11 Early Termination

Any serious breach by one Party of the obligations imposed by this Agreement, not remedied within seven (7) days from the sending of a registered letter with acknowledgment of receipt, gives the other Party the right to unilaterally invoke the termination of this Agreement, without prejudice to any damages to which it may be entitled under these General Terms of Use, and subject to compliance with the notice period mentioned above.

The termination of the Agreement, for any reason, results in the deletion, on the effective date of the termination, of all access by the User to the Site.

It is the User's responsibility to take all necessary measures to recover their data before the deletion of their access to the Site.

Furthermore, the Company reserves the right to unilaterally and without notice delete a User's Account who:
- does not comply with the General Terms of Use; 
- has published a Comment or a Publication that does not comply with the provisions of these General Terms of Use.

This termination takes effect immediately, without prior notification from the Company.

Article 12 Applicable Law

These General Terms of Use are governed by the French legislation and regulations in force, and the European Regulation No. 2016/679 on the protection of personal data.

Furthermore, the language of these General Terms of Use is French. In the event that the General Terms of Use are translated into other foreign languages, only the French version shall prevail.

Article 13 Jurisdiction

Article 13.1: Amicable Settlement Procedure