Terms & Conditions

1. PREAMBLE
Datamia LLC welcomes you to Datamia, a free web and mobile-based service that allows you to share your online purchases with platforms in return for specified benefits. This document concerns the use of Datamia only and cannot have the purpose or effect of restricting or substituting other existing documents such as the user data protection policy and the cookie policy. The fact that Datamia is free of charge depends on our ability to finance the service independently of any payment requested from users. This means that its business model is based on the creation, from transactional data recovered from your email account, of data which we offer for sale for statistical purposes to economic operators to enable them to improve their products and services and refine their market knowledge. Datamia LLC undertakes not to disclose to the latter any data for targeted advertising, profiling or reidentification purposes.
2. PURPOSE
The purpose of these general terms of use is to inform you about how Datamia works, the rules to be obeyed, and the guarantees that you benefit from when using it. These general terms create a mechanism whereby the following rights granted to each party are offset against each other:

- The right for the user to benefit from the sharing of online transactions service free of charge, - The right for Datamia LLC to extract the data listed in the transactional emails received by the user to market data for statistical purposes.
- The right for Datamia LLC partners to use transactional data obtained through connectors added by the user, under his consent, to obtain advantages on associated services.
3. DEFINITIONS
The following definitions are intended to aid your understanding of these general terms:

- « Datamia » : a service made available free of charge to the user by Datamia LLC via IOS or Android which offers him/her a tool for sharing his online transactions, which he has tracked down using connectors, with platforms.
- « User » : means any Internet user who has installed Datamia and has signed up for the service for one or more of his/her personal email account(s).
- « Email account » : the email account entered by the user when registering with Datamia which is synchronized with the Datamia tool to benefit from the service.
- « Connectors » : synchronization with email accounts, bank accounts, loyalty programs, as well as browsing data, app data usage added and / or activated by the user to retrieve transactional and behavioral data via SDK to share it with the services of his choice.
4. DURATION
These general terms shall enter into force from the time when they are accepted by the User upon creation of his/her Datamia account and until it is finally closed.
5. ENFORCEABILITY
These general terms shall be enforceable upon acceptance by the user when downloading the Datamia service and signing up for it. Any registration with Datamia implies prior and unconditional acceptance of these general terms, which you are invited to read carefully. If you do not agree to them, we request that you delete your Datamia account. Please note that the applicable general terms are always the latest version accessible via Datamia and that you cannot enforce any previous general terms of use against us. If you are a minor, you shall be regarded as having received permission from your parents or any person holding parental authority before you installed Datamia.
6. SIGNING UP FOR DATAMIA
To use Datamia, you must first sign up for the service on the application Datamia with a valid personal email address.  

You must read and agree to these general terms and the Datamia user data protection policy and agree to give Datamia LLC access to the data supplied by the connectors you are going to activate and so that you can benefit from the Datamia service. By validating the registration, you confirm the synchronization of Datamia with your connectors.

You may add or delete an email account at any time using the functionality provided for this purpose. Adding email accounts will enable you to clean them simultaneously using the same user registration.
7. CONNECTORS DETAILS
To add an email connector for Datamia, you identify yourself with your email address and, depending on which email service you use, either the password associated with your email account or the automatically generated single-use application password. You must check that these login details, i.e. your email address and password where the latter is required, are correct, up to date and complete, and carefully obey the rules laid down by your email service in terms of your selection and updating of login details. Any use of Datamia with your account will be attributed to you. This means that you have sole responsibility for keeping and maintaining the confidentiality of your login details and the acts and conduct of any person who uses your account, even without your knowledge. Therefore, we cannot be held liable for any permanent deletion of newsletters from your account or in the event of any unlawful or fraudulent use of Datamia.

For the moment, only the email connector is available. Other types of connectors, such as banking or loyalty cards, may be added in the future. Activation of these connectors will remain at the user's discretion.
8. DATA SHARING FUNCTION
The data sharing service consists of Datamia firstly identifying your received emails by means of tools that target the subjects and addresses of emails to make a full list of them. Secondly, Datamia presents the list of the purchases identified to you and you may then choose, for each of them, to share with partner services or keep private.

You can then activate or deactivate the sharing of your data with a defined list of partners, in exchange for the benefits of each of these services.
9. STATISTICS CREATION FUNCTION
In exchange for the free provision of the data sharing service, we use the transactional data extracted from your synchronized accounts to produce data for statistical purposes for various economic operators. We do not use data from other connectors such as banks, loyalty programs or behavioral data for the moment.  

For emails connectors, we use techniques to filter subjects and email delivery addresses to identify transactional emails, which excludes any personal communication that you have received. Once they have been identified, we use a data extraction tool which enables us to extract the relevant transactional data from each of them, i.e. the data that classifies the transaction.  

This raw data is then enriched with artificial intelligence techniques which enable us to obtain further information about purchases made, but they cannot have the purpose or effect of identifying you in any way, and Datamia LLC uses tested pseudonymization techniques at this stage. This structured data is used to draw up statistical study reports for various economic operators. At this stage it is impossible for you to be identified again.
10. LACK OF ACCESS TO YOUR EMAIL
We access your email account for the sole purpose of identifying your transactional emails to extract from them the data that enables us to provide you with the list of the purchases and produce statistics on the other hand. In the context of this access, we guarantee to you that our teams do not go through your email accounts freely. On the contrary, we use tools to filter email subjects and delivery addresses which enable us to identify transactional emails so that we can then, without accessing them as such, extract from them the relevant data giving details of the transaction performed. We are therefore able to guarantee that we respect the confidentiality of correspondence: firstly, we do not access any personal email that concerns you, and secondly, we do not extract any data from such emails. On a residual and occasional basis, a limited part of our teams may access your transactional emails to develop and improve our tools which filter emails and extract relevant transactional data.
11. SUSPENSION AND CLOSURE OF ACCOUNT
You can close your account at any time by following the procedure stated in the FAQ accessible on the website www.Datamia.io. In your account settings, you should select the email address with which you created your Datamia account and click on « Delete this email account ». Closure of your account for any reason ends the synchronization between your connectors and Datamia and loss of the benefit of the service offered through it. If it identifies a proven breach by you of these general terms, Datamia LLC reserves the right to suspend your account at any time, temporarily or permanently, without giving notice or formal notice of default.
12. INTELLECTUAL PROPERTY
Installing and using Datamia does not result in any transfer of intellectual property of any kind from Datamia LLC, the exclusive owner of Datamia, to the user.

The Datamia service and all of its components, including trademarks, drawings, models, images, text, photos, logos, software, programs, graphic charters, domain names, icons, slogans, designs or any other information or medium displayed or named on Datamia, without this list being exhaustive, are the exclusive property of Datamia LLC and are protected by the copyright, trademark, patent and any other intellectual or industrial property right that they are recognized as having under current laws. In all cases, we grant you a simple worldwide right to use Datamia for personal purposes for a period limited to the period for which Datamia is installed on your device, which will be revoked when you stop using it.

The user shall therefore refrain from any conduct or act which may directly or indirectly infringe Datamia LLC©'s intellectual property rights.

The user shall therefore refrain strictly from reproducing, representing, using, adapting, altering, reconstructing, modifying, translating, offering for sale, performing or obtaining unauthorized access to all or part of Datamia and/or the aforementioned components without having obtained our explicit prior authorization.

The user acknowledges that any use of the aforementioned components which is contrary to these general terms would constitute an infringement which is a criminal offence under the Intellectual Property Code. Datamia LLC reserves the right to take legal action against any person who fails to comply with this prohibition.
13. SECURITY
Datamia LLC shall make its best efforts, in accordance with industry practices, to make Datamia secure and protect it from any fraudulent intrusion or cyberattack whatsoever, and the protection and security measures implemented are of course appropriate to address the risks affecting your data and privacy. However, in view of the exponential nature of technological advances, you acknowledge that Datamia is not immune to unforeseeable events affecting the Internet and its vulnerabilities and that no service is infallible.

If a security breach is detected, we may, at our sole discretion and without notice, suspend Datamia in whole or in part for an indefinite period or take any measure necessary to protect your data and the service. You are invited to inform us by email at the address contact@Datamia.io of any information that may help us to prevent or reduce the potential risks of security breaches affecting Datamia and your data.
14. PERSONAL DATA
Datamia LLC acts in accordance with personal data protection regulations, in particular the General Data Protection Regulation, the updated French Data Processing and Freedoms Act, and the recommendations of EDPB. For more information about how your data is processed, you can refer to the personal data protection policy for users of Datamia by clicking here.
15. COOKIES
You acknowledge that you have been informed by a banner that when you use Datamia, cookies may be placed on your device. For more information about the nature of these cookies and the settings options for them, you can refer to our cookie policy by clicking here.
16. LIMITATION OF LIABILITY
In its provision of Datamia, Datamia LLC is subject to a best-endeavors obligation. You acknowledge that you are the sole and only person with responsibility for your use of Datamia.

You declare that you know and accept the characteristics and limitations of the Internet, operating systems and electronic communication networks and acknowledge that Datamia is subject to the unforeseeable events that are associated with them and the proper operation of your device and third-party websites and services of newsletter senders.

You also acknowledge that because Datamia relies on access to your email account, the Datamia service would be unable to operate if this access became impossible for any reason. Datamia LLC shall not be liable for any impossibility of accessing or malfunctioning of your email account for which you would have to inquire directly at your email service provider.

We use the best-performing tools to identify the newsletters stored in your email account, but in view of technological advances and the wide range of ways in which senders of emails name them, we cannot be held responsible for errors in identifying a newsletter. We therefore invite you to check the contents of your inbox and your junk inbox regularly.

In accordance with industry practices, we make our best efforts to provide a high-quality, functional and pleasant service, 24 hours a day and 7 days a week, subject to force majeure events and possible breakdowns or maintenance interventions necessary for the proper running of the service.

Consequently, we give no guarantee of continuity in relation to the use of Datamia and we cannot be held liable for failures, slowdowns, interruptions or saturation of the Internet connection or, in general, unavailability of the service, for any reason whatsoever.

Datamia is provided free of charge excluding the cost of an Internet subscription from a Telecommunications provider. Under no circumstances can we be held liable for any additional costs resulting from the use of the service, for any reason whatsoever.
17. AGREEMENT IN RELATION TO PROOF
Agreements, clicks or other evidence of your activity and decisions taken in your Datamia account shall be kept in reasonable conditions of security and shall therefore be regarded as proof of communication between us. As such, this provision must be regarded as an agreement in relation to proof.
18. NO WAIVER
If we do not act in relation to your breach of the present terms and conditions, this cannot be construed in the future as a waiver by us of our right to take action to obtain compensation for the breach.
19. NULLITY
If one or more provisions of these general terms is/are found to be void or declared as such pursuant to a law or regulation or because of a decision by a court with jurisdiction which has become final, the other provisions shall retain all their force and effect.
20. UPDATES TO THE GENERAL TERMS
We reserve the right to unilaterally amend these general terms at any time so that they take account of improvements to Datamia, the addition of new functionalities or any updates justified by any regulatory changes.

No prior notice of updates to the general terms which have no effect on your rights and obligations will be given; you may read the applicable version in Datamia.

If an update to the general terms entails a change in your rights and obligations, a new version of the general terms will be communicated to you, and you will be required to agree to it within thirty (30) days after they are posted online. To do this, you must either continue to use the service or stop using it, and if you do not deregister for the service after the new general terms are communicated, they will be deemed to have been accepted.
21. APPLICABLE LAW AND COURT WITH JURISDICTION
These general terms are governed by French law. The same applies to substantive and procedural rules, regardless of the places where fundamental or subsidiary obligations are performed. The French courts have jurisdiction to consider any dispute in connection with these general terms for the use of Datamia.
22. CONTACT DETAILS
For any queries regarding the use of Datamia, you may contact Datamia LLC at the following address: contact@Datamia.io.