1. Glossary

  • Netatoo : designates Netatoo S.A.S. SIRET 48782045800015; also called "us", "our", "our" in this document.
  • Application : designates the online booking platform BalleJaune and OpenResa, published by Netatoo, accessible from the domain names ballejaune.com and openresa.com.
  • Club(s) :  designates an entity represented by one or more directors (association, municipality, company, etc.).
  • Utilisateur(s) : designates the persons who have an account in the club's database.
  • Administrateur(s) : designates the persons responsible for the club, having total or partial access to the -Administration- section of the application (president, manager, secretary, monitor, etc...).

2. Our application

Netatoo SAS (SIRET 48782045800015) provides an online reservation platform (ballejaune.com and openresa.com) allowing registered clubs (association, municipality, company, etc.) to manage reservation tables and a user database.
All bookings made by club's users represent a direct contractual relationship between the user and the corresponding club.

3. Agreement between Netatoo and the club

By creating an account on BalleJaune.com or OpenResa.com, the club acknowledges having read all the elements contained in this document and agrees to meet all the requirements on behalf of the club listed.

If one or more of the conditions in this document are not met, Netatoo reserves the right to suspend or cancel the club account.

4. Netatoo and Club Responsibilities

The information provided by the club in its web space are managed exclusively by the club and, as such, the club is entirely responsible for updating the information displayed on its pages.

Netatoo acts as an intermediary between the club and its users. The club is responsible for its own "virtual" database. Netatoo will never intervene directly in the club's database, except in cases of force majeure, or in the context of a requested and authenticated deletion of data, or for maintenance and technical support purposes.

Although we exercise reasonable skill and care in performing our services, we do not verify and cannot guarantee that all information collected by Netatoo on behalf of the club is accurate, complete or correct. Netatoo cannot be held responsible for errors (including obvious and typographical errors) in inaccurate or misleading information that may be collected and displayed on club pages.

4.1. Entering personal data of other physical persons into the application

Club administrators have the ability to add other users (administrators and non-administrators) to the club database. To do this, the administrator enters this person's personal data into the application. 

Where required by law, administrators must obtain the consent of the individual before storing the individual's personal data in the application. Proof of such consent must be available to Netatoo and the supervisory authorities upon request.

To ease the work of obtaining consent, Netatoo recommends that the club invite users to register via the registration form on the club's home page. People can then directly create a user account and enter their personal data, accepting our terms and policies in the process. This process provides the explicit legal basis for the collection of the data subject's personal data.

4.2. Use of communication tools

Netatoo provides the club with tools to communicate with its users, including a module to send messages to all or some users of its database. 

These messages are sent to the application's "internal" mailbox and can also be sent by e-mail and SMS provided the user has given consent. As such, each user can change their e-mail and/or SMS notification preferences in the "My Account > Notifications" menu. 

The club undertakes to use the communication functions in a reasonable manner and to respect the users' choice of whether or not to receive communications by e-mail and/or SMS.

5. Privacy & Confidentiality

Netatoo uses high ethical standards and respects the privacy of clubs and users. We diligently protect the confidentiality of your data and are committed to ensuring that no data is exchanged, transferred or sold on any medium to third parties. 

For more information, please see our privacy policy for clubs and privacy policy for users.

6. Right of modification, rectification, deletion and portability of personal data of club users

The club being responsible for the personal data in its database, he's likely to receive requests for rectification, deletion or portability of data from users registered in its database. These user requests may include, but are not limited to:

  • the modification, deletion or correction of personal data as referred to in our privacy policy for users,
  • a request for total deletion of the account and its data,
  • a data portability request. 

As a first resort, the club undertakes to respond to requests of this nature within 7 days from the sending of the request by the user. Once this period has expired, the user will be entitled to ask us to carry out the operation. Before doing so, we will always request confirmation from the club, which will have 7 days to demonstrate that it is legally necessary for it to retain all or part of the data (e.g. for compliance with a legal obligation or for the performance of a task carried out in the public interest or in the exercise of public authority vested in the controller).

As a last resort, Netatoo reserves the right to intervene directly in the club's database to respect its legal obligations to users of the application. The requesting user must provide Netatoo with concrete proof of his identity. 

6.1. How to change or delete a user's personal data

To edit, correct or delete a club user's personal data, a club administrator must go to the "Administration > Users > User Management" menu. 

To delete a user account, the administrator will move the user to the trash and then perform the "Empty the trash" or "Delete" action to finalize deleting the data.

Note that some data such as reservations taken by the user will not be deleted from your database, this data will be "anonymized" so that it is no longer possible to make the link to the user deleted and the reservation. This can be useful so as not to alter the statistical data available from the "Administration > Dashboard" menu.

7. Data security, backup and retention policies

This section covers general application data security, including, but not limited to, user account details, booking information and club account configuration.

All general communication between a user's web browser and Netatoo servers is via an encrypted TLS connection. While such a connection is the industry standard for e-commerce applications and generally provides a high level of application security, Netatoo is not responsible for data that may be exposed to malicious third parties as a result of software attacks or defects.

For more details on how we secure and protect your data, go to the data security section.

7.1. Data backup and recovery

In order to provide a level of protection against catastrophic failures, Netatoo's production infrastructure is backed up regularly. In case of primary database failure, Netatoo will trigger a return to the most recent backup. In this situation, Netatoo is not responsible for data that cannot be restored from the backup.

Data recovery from a backup will only be performed if the primary database is unrecoverable or in case of migration to new servers. Restoration is not available for general use and cannot be arbitrarily requested by a club during normal application operation. Netatoo is not responsible for data loss caused by the negligence of the club or its administrators.

7.2. Data retention

Backups are kept for 90 days. The data in a "production" club database are kept for a maximum period of 6 years, unless the club wishes to "archive" certain data before this period. Older data can be removed from our servers without notice. Clubs looking for a shorter or longer retention time are invited to express their needs to Netatoo.

8. Subscriptions and billing

Club plan and subscription information can be viewed at any time in the "Administration > Settings > Account Settings" section (only accessible by club administrators). In this section, club administrators can view the club's current offer, subscription start / end dates and remaining available resources (user limit, SMS credits, etc.) and invoice history.

8.1. Free plan

We offer a free plan limited to 30 users. She's assigned by default to each club when it registers, unless club choose another plan. There is no time limit for the use of the free p and no payment information is required to benefit from it.

The free "BRONZE" plan includes all the standard features of the application with a limited database of 30 users.

8.2. Paid plans

For more generous usage limits, we offer paid subscriptions plans whose rates are based on the size of the database (number of users) and the desired duration of use.

Paid offers provide all the standard features of the application already included in the free plan. Three plan are currently available :

  • 30-150 users (SILVER)
    Price : €79 / year, or €19.75 / quarter
  • 150-500 users (GOLD)
    Price: €149 / year, or €37.25 / quarter
  • 500-1500 users (PLATINUM)
    Price: €249 / year, or €62.25 / quarter
  • Beyond 1500 users, the club can contact Netatoo to get a custom estimate according to its needs.

8.3. Paid option for access control & equipment control

To benefit from advanced functionalities relating to access control (access code, RFID badge) and equipment control (lighting, heating), the club must subscribe a paid option whose price is based on the size of the database (number of users) and the desired duration of use.

This option includes the installation, configuration and maintenance of a software module developed by Netatoo, in collaboration with the provider selected by the club (PassPerso, Adveez, Bodet Software, Logidom, Spartime Innovations).

  • Up to 30 users
    Price : €60 / year, or €15 / quarter
  • 30-150 users (SILVER)
    Price : €60 / year, or €15 / quarter
  • 150-500 users (GOLD)
    Price: €120 / year, or €30 / quarter
  • 500-1500 users (PLATINUM)
    Price: €240 / year, or €60 / quarter
  • Beyond 1500 users, the club can contact Netatoo to get a custom estimate according to its needs.

8.4. Free trial of paid plans

We offer a free 60-day trial on all our paid plans. This free trial is offered to the club upon registration on the "Sign up" form. If the club is already registered on the free plan, it can also obtain this free trial with the paid plan of its choice by making a request from our contact page.

8.5. Renewal or plan upgrade / downgrade

Netatoo offers each club the ability to upgrade and downgrade the membership at any time. This service is offered from the "Renew or change plan" button accessible from the "Administration > Settings > Account settings" section.

The upgrade or renewal of a paid subscription implies the creation of an order form and the actual payment of the latter so that the service is delivered to the club. 

The downgrading of a paid subscription to the free plan may be carried out free of charge by the club, provided that the number of users in the database does not exceed the limit of the free plan. To do so, the club may delete a certain number of users from its database to be eligible for the free plan.

If the club changes its subscription during a period already invoiced and paid, the price to pay will be calculated pro rata to the last invoice paid. The club is invited to contact support if they have any questions about prorating the billing.

8.6. Changes in pricing conditions and the nature of offers

Netatoo reserves the right to modify the pricing conditions and the nature of the various offers proposed.  In the event of a change, clubs registered on the free plan will automatically benefit from the new conditions on the day they come into force. Clubs which have subscribed a paid subscription plan will be able to choose, either to wait for the expiry of its current subscription, or to ask to benefit immediately from the new conditions.

8.7. Currency & exchange costs

All subscription fees are in Euro (EUR) and our bank account (CIC-Est) is domiciled in France. Netatoo assumes no responsibility for exchange costs that may be incurred by the club when paying subscription fees.

9. Terms of payment

The price is paid by secure payment, according to the following terms :

  • by credit card or with a PayPal account,
  • by check sent at our postal address,
  • by bank transfer to Netatoo's bank account (whose details are given when the order is placed and on the PDF order form),
  • by administrative mandate (contact us to get a custom invoice).

The renewal of a paid subscription can cover a period of 3 months, 6 months, 12 months, 24 months or 36 months. The price is payable in cash by the club, in full on the day the order is placed.

An invoice is drawn up by Netatoo and delivered to the club when the services ordered are provided. This invoice is sent to the club at the e-mail address indicated at the time of placing the order. The invoice is also available for download in the "Administration > Settings > Account Settings" menu.

The payments made by the club will be considered as final only after effective collection of the sums due by Netatoo. We will not be obliged to provide the services ordered by the club if the club does not pay us the full price under the conditions indicated in this document and on the purchase order / invoice.

10. Right of withdrawal

According to the terms of article L221-18 of the French Consumer Code, the consumer has 14 days to exercise his right of withdrawal, without having to justify his decision or bear any costs other than those provided for in articles L. 221-23 to L. 221-25. The aforementioned period shall run from the date of conclusion of the contract.

The right of withdrawal may be exercised online, using the contact form or any other unambiguous statement expressing the desire to withdraw and in particular by postal mail addressed to Netatoo at the postal address indicated in this document (section "Contact Us").

The refund of the sums actually paid by the club will be made within 14 days from receipt of notification of withdrawal from the club.

11. Account Termination and deletion of data

The club may terminate its account at any time and request the definitive deletion of all corresponding data (parameters, users, reservations, etc.). The cancellation request must be made by contacting us by e-mail or post.

At the time of the termination request, the club can also request data archiving by Netatoo for up to 12 months (under these conditions, the club can recover or restore its data later). 

Before terminating and deleting the data, Netatoo reserves the right to verify the applicant's identity in order to authenticate the legitimacy of the request and to verify that this request is indeed made on behalf of the club to prevent any malicious or malicious request.

Once the termination request is validated and authenticated, the data will be deleted from the production database within 7 days or at a date agreed between Netatoo and the club. It should be noted that the data will nevertheless remain for 90 days in our backup files (these files are encrypted using the AES-256 algorithm).

12. Disclaimer of liability

The club expressly agrees to use the application at its own risk and under its sole responsibility. Netatoo provides clubs and users with indicative information, as is, with all their imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Netatoo can in no case be held responsible :

  • for any direct or indirect damage, in particular with regard to loss of profits, loss of customers, loss of data which may result among other things from the use of the application, or on the contrary from the impossibility of its use.
  • for the content put online by the club on its home page and its web pages.
  • for the content put online by users, in particular via communication modules such as "Find a partner" and "Messages".

Netatoo cannot be held responsible for any technical unavailability of the connection, whether due to force majeure, maintenance, updates, bad configuration by the club, intervention by the host, an internal or external strike, a network failure, a power cut, or a bad configuration or use of the user's computer.

13. Applicable law - Jurisdiction

The present general conditions are governed, interpreted and applied under French law. Only the courts of Nancy (France) shall be competent to hear any disputes relating to these terms and conditions and their implementation, including their validity, interpretation, execution, termination and consequences.

14. Legal mentions

Netatoo SAS with a capital of 16000€, represented by its president Simon Martins and registered at the Registre du Commerce et des Sociétés de Nancy, France under SIRET 48782045800015.

Netatoo S.A.S. head office is located at 2 BLD CHARLEMAGNE, ET3 in NANCY (54000), France.

Contact us

If you have any questions or require further information, please contact us by one of the following means:

Postal address :
Netatoo SAS
BP 43606
54016 NANCY CEDEX
FRANCE

Email :
support@ballejaune.com

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