Last updated: 09 06 2026
Table of contents
1. Identification of the Company
The company Agence Personnelle (the ‘Company’) is a SAS registered with the Paris RCS under number 981830466, whose registered office is located at 9 RUE DES COLONNES, 75002 PARIS
The Company may be contacted at the following address: 18 RUE SOLEILLET, 75020 PARIS
2. Services offered
The Company offers personal branding services (the "Services") to the client identified in the Order Form as defined below (the "Client"):
- Creation of audiovisual content: production of short videos optimised for social networks, with packs including a set number of videos per session, optimised for platforms such as Instagram, Facebook, TikTok, LinkedIn and YouTube. This service includes all stages of creation: filming, editing, subtitling and format adjustments for each platform.
- Editorial strategy and digital marketing consulting: design of a tailor-made editorial line based on the commercial objectives and target audience of each Client.
- Social media management (Community Management): management of the distribution and performance monitoring of published videos.
- Profile optimisation and multi-channel content: adaptation of videos and content to ensure they perform well on several platforms simultaneously.
3. Contractual documents
The contractual relationship between the Client and the Company is governed, in descending hierarchical order, by the following documents:
The order form (the u201cOrder Formu201d)
The Client must complete the registration form provided to them by the Company (including by email or WhatsApp) within 30 days of its issuance.
The Order Form is established on the basis of the Client's needs expressed in the registration form, and sent to the Client by email for confirmation.
In the event of a contradiction, the Order Form prevails over the General Terms and Conditions.
In the event of a contradiction, the most recent Order Form prevails over the older one(s).
The general terms and conditions (the u201cGeneral Terms and Conditionsu201d) They define:
The terms and conditions for using the Services,
The respective obligations of the parties.
They are accepted by the Client when completing the registration form on the basis of which the Order Form is established.
They are accessible via a direct link at the bottom of the page of the Company's website.
4. Conditions of access to the Services
(i) The Client is a legal entity acting through a natural person possessing the power or authority required to contract in the name and on behalf of the Client.
(ii) The Client has the status of a professional, meaning any natural or legal person acting for purposes relating to their commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional.
5. Terms of access and subscription to the Services
Access to the Services requires completing the registration form, sent by the Company by email or WhatsApp, within the period referred to in the "Contractual documents" article.
To receive the registration form, the Client must make an appointment with the Company via the website https://www.prsnl.io/ or contact the Company directly using the contact details mentioned in the "Identification of the Company" article.
The Company will review their request and may refuse it if it does not meet the conditions set out in the "Conditions of access to the Services" article.
The consideration of the order and its acceptance are confirmed by sending an Order Form to the Client by email.
6. Description of Services
6.1. The Services
Before subscribing, the Client acknowledges that they can familiarise themselves with the characteristics of the Services and their constraints on the website https://www.prsnl.io/.
The Services to which the Client has subscribed are described in the Order Form.
The Company reserves the right to offer any other Service.
The commissioned services follow the following steps, depending on the type of Service chosen by the Client:
Audiovisual content creation: Initial brief and co-creation (scoping session); preparation of the editorial line; filming (single session); post-production and editing (dynamic editing, audio mixing, synchronisation); systematic subtitling of the videos.
Editorial strategy and digital marketing: strategic diagnosis, creation of scripts and scroll stoppers, continuous optimisation.
Distribution on social media (Community Management): planning and distribution of videos according to the schedule of each package on the Instagram, Facebook, TikTok, LinkedIn, and YouTube platforms.
The Client may request a modification of the Services by notifying the Company at least seven (7) days before the commencement of the Services (corresponding, where applicable, to the date scheduled for the first video shoot). Any request to modify the Services subscribed to must be the subject of an additional Order Form.
6.2. Mandate for the management of social media accounts
As part of the social media management service (Community Management) provided for herein, the Client grants the Company an express, written, and revocable mandate to administer on their behalf the company's social media accounts and pages designated in the Order Form (hereinafter the "Accounts").
Under this mandate, the Company is authorised to perform, on behalf of and in the name of the Client, the following acts:
publishing video and textual content on the Accounts, according to the validated editorial calendar;
scheduling and planning publications using third-party content management tools;
viewing the statistics and performance indicators of the Accounts;
archiving published content for reporting purposes;
removing or unpublishing content, only in cases provided for herein or upon written instruction from the Client.
The Company is not authorised, unless with the prior and express written consent of the Client, to:
modify account or page settings (name, identifier, contact details, profile picture);
incur advertising expenses on the Accounts;
respond to private messages (DMs) from the Client's subscribers;
add or remove administrators or collaborators on the Accounts;
link the Accounts to third-party applications or services not specified in the Order Form.
The Company executes the mandate in accordance with the Client's instructions and the editorial rules defined jointly. It cannot be held responsible for:
moderating decisions by platforms regarding content published under the mandate;
the consequences of an early revocation of access by the Client or a unilateral modification of the Accounts' settings;
damage resulting from unauthorised access to the Accounts by a third party, unless a proven breach by the Company is established;
content published on the instructions of the Client or validated by them.
Access to the Accounts is granted exclusively through the native delegation tools of each platform or through the use of the Metricool platform, an official partner of META. It is up to the Client to configure the Accounts to assign the Company the role required to exercise its mandate, within seven (7) days following the signing of the Order Form.
The Client may revoke this mandate at any time by written notification to the Company.
However, revocation of the mandate does not terminate the Client's payment obligations under these terms.
In the event of revocation of the mandate, the Company is released from any obligation to provide the Community Management service, without this constituting a breach on its part or giving rise to any refund.
In the event of persistent non-payment after a formal notice has remained unsuccessful, the Company is authorised to use this mandate to proceed itself with the removal of the videos produced as part of the service from the Accounts on which they were distributed, in accordance with these terms. The Client agrees to keep the delegated access active for as long as sums remain due to the Company.
6.3. Delivery timeframes
The turnaround times vary depending on the Service ordered:
Video production: each filming session allows for the recording of the number of videos specified according to the selected package and in accordance with the Client's needs, as indicated on the Order Form. The post-production process is carried out within an indicative timeframe of up to thirty (30) business days from the filming session.
Social media distribution and management: indicative timeframe stipulated in the Order Form, depending on the chosen package and the Client's needs.
6.4. Location and means of delivery of the Services
Filming sessions take place on the Company's premises or in any other location agreed with the Client.
The final videos are delivered in digital format, ready to be distributed on the agreed platforms.
The final videos are retained for a period of one (1) year by the Company.
6.5. Filming sessions
A filming session has an average duration of three hours and thirty minutes (3h30) and a maximum duration capped at four hours and thirty minutes (4h30). Beyond this maximum duration, the session is stopped, regardless of the number of videos actually shot, and the service is deemed to have been fully executed.
If the Client has not been able to shoot all the videos included in their package within this timeframe due to their own pace (delays, slowness, hesitation, multiple takes, lack of preparation, refusal to continue, etc.), the Company will not be held responsible and no compensation, postponement, new shoot, or refund will be due.
In exceptional circumstances, a new free shoot, or an additional session, may be granted by the Company to the Client in the following cases:
force majeure event within the meaning of the "Force Majeure" clause;
characterised fault of the director or the Company's team (uncorrected framing defect, undetected faulty audio, files lost due to the Company).
The Company will record in the shoot sheet the start time, end time, number of videos shot, and any incidents.
6.6. Cancellation
Subject to the right of withdrawal provided for under the "Right of Withdrawal" clause and excluding cases of force majeure, any cancellation of an order by the Client will incur a one-off flat-rate compensation fee of two thousand five hundred euros excluding taxes (€2,500 excl. VAT), regardless of the cancellation date relative to the planned date of the shoot. This compensation covers team mobilisation, studio slot booking, lost earnings, and administrative fees incurred.
6.7. Approval
The Company implements a collaborative approval process with the Client:
Approval of the editorial line and scenarios: initial scoping session.
Support during filming: a creative coach accompanies the Client.
Validation in post-production: the Client has a period of fifteen (15) business days after dispatch to submit their feedback, limited to one (1) round of revisions. Any brand-new round of revisions will be invoiced at fifty euros (€50) excl. VAT per video.
Only feedback relating to objective and verifiable points (spelling, incorrect facts, incorrect pronunciation of a proper noun) is accepted as part of the approval process. Subjective feedback (taste, tone, creative sensitivity, personal preference) does not give rise to changes under the flat-rate package. Any request for subjective modifications will be subject to an additional Order Form, in accordance with Article 6.1.
Feedback must be centralised by a single point of contact designated by the Client and sent via a single channel (the project management tool designated by the Company). Failing this, this feedback may not be taken into account by the Company.
In the absence of feedback from the Client, the videos are not published. Responsibility for the delay or lack of publication then lies exclusively with the Client. The Client expressly accepts that in this case, the full price of the Services remains due.
Videos approved by the Client may be published up to a maximum of six (6) months after the date of the shoot. After this period, the videos can no longer be published and the Client will not be entitled to any compensation.
7. Subscription Period for the Services
The Client subscribes to the Services in the form of a subscription, according to the package of their choice.
The characteristics of the various standard packages offered by the Company are accessible on the website https://www.prsnl.io/.
The subscription begins on the day of its subscription for an initial period indicated in the Order Form.
Unless otherwise specified in the Order Form, the subscription is not subject to tacit renewal. Upon expiry of the initial period, the subscription terminates automatically, without formality or notice. Any continuation of the contractual relationship requires the Client to expressly book a new filming session, which opens a new subscription period of the same duration as the initial period, from date to date, subject to these General Terms and Conditions of Sale in force at the date of this booking.
8. Financial condition of the Company
8.1. Price of Services
The prices of the Services subscribed to by the Client are indicated in the Order Form, according to the chosen subscription.
The characteristics of the various standard packages offered by the Company are accessible on the website https://www.prsnl.io/.
Any period started is due in its entirety.
The Company is free to offer promotional offers or price reductions.
8.2. Invoicing and payment terms of the Company
The Company's invoicing and payment terms are specified in the Order Form.
In the absence of a stipulation to the contrary in the Order Form, the Company shall send the Client an invoice for each subscription period by any useful means.
It is specified that the agreed payment schedule is decorrelated from the production and broadcasting schedule. Any delay in validation, production, or broadcasting (whatever the cause) shall not lead to any modification, postponement, or suspension of payments.
The Client guarantees to the Company that they possess the necessary authorisations to use the agreed method of payment.
In the case of payment by SEPA direct debit mandate, the signed mandate cannot be revoked during the term of the commitment entered into.
In the event of unilateral revocation of the SEPA mandate by the Client before the end of the commitment, the entire balance of the package will become immediately due.
In the event of a rejected direct debit, a new attempt is made within five (5) working days. In the event of a second rejection, the Client is liable for rejection fees amounting to fifty euros (€50) excl. VAT per incident.
8.3. Consequences of late or outstanding payment
In the event of non-payment or late payment, the Company reserves the right, from the day following the due date on the invoice, to:
immediately suspend the ongoing Services until payment of all sums due is made, including suspending any right to use the videos already delivered and requiring their removal from the media on which they are broadcast, it being specified that the Company may proceed with this removal itself via the social account management mandate signed by the Client,
charge interest on late payments at a rate equal to 3 times the legal interest rate, based on the amount of unpaid sums on the due date, and a flat-rate recovery fee of 40 euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred are higher than this amount,
where applicable, declare the forfeiture of the term of all sums owed to it by the Client and their immediate demandability.
9. Client's right of withdrawal
The Client benefits from a right of cancellation if they are (i) a professional employing 5 people or fewer, (ii) purchasing a good or service that does not fall within their main field of activity, and (iii) the contract is concluded "off-premises", namely:
in a place other than the Company's premises, where both the Company and the Client were physically and simultaneously present together (for example: filling out the registration form and accepting the General Conditions at the Client's premises),
on the Client's premises or by means of a distance communication technique, immediately after the Company has personally and individually approached the Client (i) in a place other than the Company's premises and (ii) where both the Company and the Client were physically and simultaneously present together (for example: meeting at the Client's premises or during a trade fair, handing over a registration form on that occasion, then acceptance of the General Conditions by the Client on their premises (by hand or online subscription).
This right of cancellation is 14 calendar days from the receipt of the Order Form. The Client may exercise this right free of charge by sending to the Company, before the end of the period, to the contact details mentioned in the section "Company Identification":
the completed cancellation form available in Appendix 1,
or any other unambiguous statement expressing the Client's wish to cancel.
If the Client exercises their right of cancellation, the Company will refund all payments received from them, using the same means of payment as that used by the Client (unless they expressly agree to a different method), without undue delay and at the latest 14 calendar days from the day on which the Company was informed of the Client's wish to cancel.
10. Intellectual property rights
10.1. Intellectual Property Rights of the Company
The Company retains full intellectual property rights over all creations produced as part of the Services, including but not limited to:
concepts, scenarios, scripts, storyboards, and editorial directions co-created with the Client;
videos produced (editing, subtitling, visual effects, etc.);
any other creation, study, or documentation used for the provision of the Services.
Raw footage, unedited sources, shooting files, editing project files, intermediate files, prompts used, technical parameters, unused cutaway shots, as well as any preparatory elements are in no event delivered to the Client.
These elements remain the exclusive property of the Company, which is free to retain, archive, or delete them in accordance with its internal policy. No request for communication, return, or copy will be satisfied, including upon expiry of the contract or in case of termination. This rule applies regardless of the subscription plan chosen and forms an integral part of the Company's service delivery model.
The licence granted by the Company to the Client does not entail any transfer of ownership over these elements and the creations produced as part of the Services.
The Client is granted a non-exclusive, personal, and non-transferable licence to use the final videos delivered and approved, for the purposes of:
broadcasting on the Client's social media accounts (LinkedIn, Instagram, TikTok, YouTube, Facebook, X, etc.);
broadcasting on the Client's website;
use for advertising purposes (including paid ads on the aforementioned platforms), provided that the video is used in its entirety and without alteration.
The following are expressly prohibited without the prior written consent of the Company, subject to applicable legal exceptions:
any modification, retouching, or re-editing of the video (changes to colours, music, effects, typography, framing, etc.);
any clipping or cutting (extraction of a part of the video, creation of short versions, teasers, or snippets);
any distortion of meaning (incorporation into another edit, parodic use, recontextualisation);
any resale, sublicence, assignment, or transfer to a third party;
any use by a third party;
the use of the videos to train artificial intelligence models, whether intended for the Client or a third party.
The licence granted is revocable in the event of any breach by the Client of any of the obligations above, or in case of non-payment for the Services.
10.2. Usage of the Client's personality rights (image, name, and voice) by the Company
The Client undertakes to obtain authorisation for the use of the image (and, where applicable, the name and/or voice) of its employees and/or any other natural person whose personality attributes might be captured as part of the Services and/or for the purpose of promoting the Company's business.
11. Trade references
The parties may use their respective names, trademarks and logos, and make reference to their respective websites and social media accounts as commercial references during the term of their contractual relationship and for 3 years thereafter.
12. Obligations and liability of the Client
12.1. Concerning the provision of information
The Client undertakes to provide the Company with all information necessary for subscribing to and using the Services.
They undertake in particular to:
provide access to social media accounts within seven (7) days of receipt of the Order Form;
carry out the necessary delegations on professional platforms (Meta Business, etc.);
provide the elements required for the service (briefs, photos, logos, visual identity, etc.);
comply with validation deadlines;
appoint a single point of contact for the Company.
The Client undertakes to implement all measures necessary for the security of their social media accounts, and in particular two-factor authentication. They are solely responsible for the security of their accounts.
12.2. Concerning the use of the Services
The Client is responsible for their use of the Services and for any information they share in this context. They undertake to use the Services personally and not to allow any third party to use them in their place or on their behalf.
The Client is prohibited from diverting the Services for purposes other than those for which they were designed, and in particular to:
engage in an illegal or fraudulent activity,
breach public order and moral standards,
infringe upon third parties or their rights, in any manner whatsoever,
violate any contractual, legislative or regulatory provision,
carry out any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security,
perform manoeuvres aimed at promoting their services and/or websites or those of a third party,
assist or encourage a third party to commit one or more acts or activities listed above.
The Client is also prohibited from:
copying, modifying or distorting any element belonging to the Company or any concept it operates within the framework of the Services,
adopting any behaviour likely to interfere with or divert the Company's computer systems or violate its IT security measures,
prejudicing the financial, commercial or moral rights and interests of the Company,
marketing, transferring or granting access in any manner whatsoever to the Services or to any element belonging to the Company.
The Client guarantees the Company against any claim and/or action that might be brought against it as a result of the breach of one of the Client's obligations. The Client shall compensate the Company for the damage suffered and shall reimburse it for all sums it may have to bear as a result.
13. Obligations and liability of the Company
The Company undertakes to provide the Services with diligence and in accordance with professional standards, it being specified that it is bound by an obligation of best endeavours.
No guarantee is given by the Company on commercial, marketing or visibility results, in particular:
the number of views or impressions of the videos;
audience growth or the number of subscribers;
the engagement rate (likes, comments, shares);
the generation of leads or qualified prospects;
commercial conversions or return on investment (ROI);
algorithmic positioning on platforms.
These results indeed depend on factors beyond the control of the Company (platform algorithms, quality of the Client's delivery, competitive context, audience behaviour, etc.).
Under no circumstances shall the Company be held liable for the content of the videos, the messages conveyed, or the remarks made or broadcast by the Client, which remain the sole responsibility of the Client.
The Company cannot be held liable for changes to the algorithms of the platforms (TikTok, Instagram, LinkedIn, YouTube, Facebook, etc.), suspension, shadow-banning or deletion of the Client's account by the platforms, moderating decisions by the platforms on content, or commercial performance below the Client's expectations.
Furthermore, the Company cannot be held liable for any unauthorised access, hacking or data loss on the Client's social accounts.
The Company undertakes to comply with the regulations in force.
The Company makes its best efforts to respect the schedule for performing the Services indicated in the Order Form. As these deadlines are provided on an indicative basis, it will not be held liable in the event of non-compliance. Any delay attributable to the Client shall shift the agreed delivery times accordingly.
The Company may use subcontractors for the performance of the Services, who are subject to the same obligations as its own during their intervention. However, it remains solely responsible for the proper performance of the Services with respect to the Client.
The Company may substitute any person who will be subrogated to all its rights and obligations under its contractual relationship with the Client. If applicable, it will inform the Client of this substitution by any written means.
14. Limitation of the Company's liability
The Company's liability is limited solely to proven direct damages suffered by the Client as a result of using the Services.
With the exception of personal injury, death, and gross negligence, and subject to having submitted a claim by registered letter with acknowledgement of receipt within one month following the occurrence of the damage, the Company's liability shall not be incurred for an amount exceeding the amounts it has received in connection with the provision of its Services.
15. Admissible forms of proof
Proof may be established by any means.
The Client is informed that the data collected on the Company's IT equipment constitutes one of the accepted methods of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
16. Modalities for processing personal data
16.1. General provisions
The parties undertake, each as far as it is concerned, to comply with all legal and regulatory obligations incumbent upon them regarding the protection of personal data, in particular Law 78-17 of 6 January 1978 in its latest amended version, known as the French Data Protection Act (Loi Informatique et Libertés), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (together the "Applicable Regulations").
To find out more about the processing carried out by the Company, the Client is invited to read the Company's privacy policy available on the website https://www.prsnl.io/.
16.2. Processing of personal data by the Company as a processor
Within the framework of the Services, the Company is required to process personal data on behalf of and under the instructions of the Client as a processor, while the Client acts as a data controller within the meaning of the Applicable Regulations. The characteristics of the processing are described in Appendix 2 hereto.
16.2.1. Data processing
The Company undertakes to process personal data only for the purposes listed in Appendix 2 and in accordance with the documented instructions of the Client, including regarding the transfer of data outside the European Union. The Company undertakes to inform the Client if, in its opinion, an instruction constitutes a breach of the Applicable Regulations. The Company reserves the right to suspend the processing until the instruction in question is modified by the Client so that it no longer breaches the Applicable Regulations, without incurring its contractual liability as a result of this suspension. This suspension shall not give rise to any refund of the price of the Services for the suspension period. If the Client does not modify but maintains the instruction in question, the Company reserves the right to terminate these terms and conditions without delay and without costs.
Furthermore, if the Company is required to transfer data to a third country or to an international organisation under the law applicable hereto, it must inform the Client of this legal obligation prior to processing, unless the law concerned prohibits such information on important grounds of public interest.
16.2.2. Data security and confidentiality
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Company implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia, as appropriate: a) the pseudonymisation and encryption of personal data; b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
16.2.3. Other sub-processors
The Company is authorised to engage the sub-processors ("Subsequent Sub-processor(s)") listed in Appendix 2 hereto to carry out specific processing activities. In the event of a change in the list of authorised Subsequent Sub-processors, the Company shall inform the Client in advance and in writing. This information must clearly indicate the sub-contracted processing activities, the identity and contact details of the Subsequent Sub-processor. The Client has a period of 15 days from the date of receipt of this information to submit its legitimate and reasoned objections. In the absence of notification of objections after this period, the Client shall be deemed to have accepted the engagement of the Subsequent Sub-processor.
The Subsequent Sub-processor is required to comply with the obligations hereto on behalf of and under the instructions of the Client. It is the Company's responsibility to ensure that the Subsequent Sub-processor presents the same sufficient guarantees regarding the implementation of appropriate technical and organisational measures so that the processing meets the requirements of the Applicable Regulations. If the Subsequent Sub-processor fails to fulfil its data protection obligations, the Company remains fully liable to the Client for the performance by the Subsequent Sub-processor of its obligations.
16.2.4. Transfer of personal data outside the European Union
The Company is authorised to transfer the personal data processed hereto to countries located outside the European Union, subject to the implementation of appropriate safeguards as defined in Chapter V of the GDPR.
16.2.5. Assistance and provision of information
The Company undertakes to:
assist the Client and respond to any request for information addressed to it by the Client as quickly as possible, whether in the context of an impact assessment or a request submitted by data protection authorities or the Client's data protection officer;
as far as possible, assist the Client in fulfilling its obligation to respond to requests from data subjects to exercise their rights under the Applicable Regulations. When requests are addressed directly to the Company, the latter (i) shall forward these requests to the Client as quickly as possible by email to the address provided by the Client, and (ii) shall acknowledge receipt of the requests, indicating to the data subjects that they have indeed been transferred to the Client, who will deal with them as data controller;
notify the Client as quickly as possible after becoming aware of any personal data breach relating to the processing subject hereto and provide any useful information and documentation relating to this breach.
16.2.6. Fate of data
The Company undertakes, at the Client's choice, to delete personal data upon expiry hereto or to return them to the Client and not to keep a copy thereof, unless required by the Applicable Regulations. The Client has 1 month from the end hereto to make its choice. After this period, the Company will delete all personal data.
16.2.7. Documentation
The Company shall make available to the Client, upon request, all information and documents necessary to demonstrate compliance with its obligations and to allow audits to be carried out. The Client thus has the option to conduct audits once a year and at its own expense in order to verify the Company's compliance with the obligations provided for in this article. The Client shall inform the Company of the audit with a minimum of 2 weeks' notice. The identity of the auditor must be agreed in mutual agreement between the parties. In particular, the Company reserves the right to refuse the identity of the auditor chosen if they belong to a competing company. The audit must be carried out during the Company's working hours and in a manner that disrupts its business as little as possible. The audit may not affect in any way (i) the technical and organisational security measures deployed by the Company, (ii) the security and confidentiality of the data of other clients of the Company, and (iii) the proper functioning and organisation of the Company's production. As far as possible, the parties shall agree on the scope of the audit in advance. The audit report shall be sent to the Company to enable the latter to submit its possible observations or comments in writing, which shall be annexed to the final version of the audit report. Each audit report shall be considered confidential information.
16.2.8. Reuse of data by the Company
The Client hereby authorises the Company to process personal data collected within the framework of the services (in particular connection and identification data) for the purpose of improving the Company's services, and in particular producing statistics on how the Services are used by users. The Company shall act in this context as a data controller within the meaning of the Applicable Regulations and undertakes as such to respect the legal provisions on data protection during the aforementioned processing.
16.3. Client's obligations towards the Company
The Client undertakes to:
provide the Company with the personal data referred to in Appendix 2, to the exclusion of any irrelevant, disproportionate or unnecessary personal data, and to the exclusion of any "special" data within the meaning of the Applicable Regulations, unless the processing justifies it, it being the Client's responsibility to establish these justifications and to take all measures, in particular prior information, obtaining consent and security, appropriate for such special data;
collect under its responsibility, in a lawful, fair and transparent manner, the personal data provided to the Company for the performance of its services, and in particular, ensure the legal basis for this collection and the information due to the data subjects;
maintain a record of processing activities and more generally, comply with the principles resulting from the Applicable Regulations;
ensure in advance and throughout the duration of the processing, compliance with the obligations provided for by the Applicable Regulations.
The Client declares and warrants that it is acting as a data controller and that, prior to any transfer of data to the Company, it has the appropriate legal basis (consent, legitimate interest, contractual performance, etc.) allowing the processing of data by the Company.
As such, it is the sole responsibility of the Client: (i) to provide the data subjects with complete and transparent information on the purpose of the processing, in accordance with Articles 13 and 14 of the GDPR; (ii) to collect, where applicable, the free, specific, informed and unambiguous consent of the data subjects; (iii) to manage requests to exercise rights (access, erasure, objection, etc.) of the data subjects.
17. Confidentiality
Each party undertakes to keep strictly confidential all documents and information of a legal, commercial, industrial, strategic, technical or financial nature relating to the other party or held by it of which it has become aware in connection with the conclusion and performance of these presents and not to disclose them without the prior written consent of the other party.
This obligation of confidentiality does not extend to documents and information: i. of which the receiving party was already aware, ii. which were already public at the time of their communication or which become so without breach of these presents, iii. which have been lawfully received from a third party, iv. the communication of which is required by the judicial authorities, pursuant to laws and regulations or with a view to establishing the rights of a party under these presents.
This obligation of confidentiality extends to all employees, collaborators, trainees, officers and agents of the parties, as well as to their affiliated advisers and co-contractors, to whom confidential documents or information may only be transmitted if they are bound by the same obligation of confidentiality as that provided for herein.
The latter will continue to have effect for 5 years following the end of the Services.
18. Force majeure
The Company cannot be held liable for any failure or delay in the performance of its contractual obligations due to an event of force majeure occurring during the term of its relationship with the Client, as defined in Article 1218 of the Civil Code.
If the Company is prevented from performing its obligations due to an event of force majeure, it must inform the Client by registered letter with acknowledgement of receipt. The obligations are suspended upon receipt of the letter, and must be resumed within a reasonable timeframe once the event of force majeure has ceased.
The Company nevertheless remains bound to perform those obligations that are not affected by an event of force majeure.
19. Termination of Services
The subscription terminates by operation of law at the end of the current Period, without any formality or prior notice, in accordance with the "Renewal" article. No action is required by the Client or the Company for the subscription to terminate at its expiry.
During the Period, the subscription may be terminated early:
by the Client, by sending a request to the Company at the contact details mentioned in the "Identification of the Company" article,
by the Company, by sending an email to the Client.
Any Period already started is due in full.
20. Penalties in the event of default
The following constitute essential obligations towards the Client (the "Essential Obligations"):
payment of the price,
not providing incorrect or incomplete information to the Company,
respecting the usual rules of politeness and courtesy in exchanges with the Company,
not using the Services for a third party,
not carrying out illegal, fraudulent activities or activities that infringe upon the rights or security of third parties, breach public order or violate the laws and regulations in force.
In the event of a breach of any of these Essential Obligations, the Company may:
suspend or terminate the Client's access to the Services,
publish on its website any information message that the Company deems useful,
alert any competent authority, cooperate with them and provide them with all information useful for the investigation and prevention of illegal or unlawful activities,
initiate any legal action.
These sanctions are without prejudice to any damages that the Company might claim from the Client.
In the event of a breach of any obligation other than an Essential Obligation, the Company will request the Client, by any useful written means, to remedy the breach within a maximum period of 15 calendar days. The Services will terminate at the end of this period failing rectification of the breach.
21. Amendment of the General Terms and Conditions
The Company may modify its General Terms and Conditions at any time and will inform the Customer by any written means (including by email) at least 15 calendar days before they come into force.
The modified General Terms and Conditions are applicable upon the renewal of the Customer's Subscription.
If the Customer does not accept these modifications, they must cancel their Subscription in accordance with the procedures set out in the "Termination of Services" article.
If the Customer uses the Services after the modified General Terms and Conditions have come into force, the Company shall consider that the Customer has accepted them.
22. Applicable law and jurisdiction
The General Conditions are governed by French law.
In the event of a dispute between the Client and the Company, and in the absence of an amicable agreement within 2 months following the first notification, it will be submitted to the exclusive jurisdiction of the courts of Paris (France), unless compulsory provisions to the contrary apply.
Appendix 1 — Withdrawal Form
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of: [to be completed] Address: [to be completed] Phone: [to be completed] Email address: [to be completed]
I hereby notify you of my withdrawal from the contract concerning the services: ___________________
If the refund takes place in another form than the original means of payment: I expressly agree that the refund may be made by [to be completed].
Order Form No. [to be completed] of [to be completed]
Customer Name: ___________________ Customer Address: ___________________
Customer Signature: ___________________ (only in case of notification of this form on paper)
Date: ___________________
Appendix 2 — Personal data
1. Description of data processing carried out by the Company on behalf of the Client
Purposes of the processing of personal data Provision of audiovisual content creation services, social media management (Community Management) and optimisation of profiles and multi-channel content
Nature of processing operations Collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction
Categories of data subjects & Type of personal data processed Any person appearing in the audiovisual content and/or on the Client's social media accounts (including directors, employees, service providers, clients):
Image, voice, name, username
Any other data that the Client decides to include in the audiovisual content and/or on their social media accounts
Followers on social media:
Username
Duration of the processing Duration of the Services