Brandsays is a simplified joint stock company (société par actions simplifiée) with capital of €50,000 and registered office at 37 BOULEVARD DES CAPUCINES, 75002 PARIS, registered with the Trade and Companies Register of Paris, under the number 818 166 340. Brandsays is a company specialised in the protection of the interests of internet consumers and brands on the internet.
Brandsays offers a service deigned to allow consumers to check whether the site they are visiting offers counterfeit goods for sale or otherwise breaches copyright of brands concerned and thus represents a risk in this respect. Brandsays is based on a collaborative database managed by the brands themselves.
By downloading, installing and using the tools supplied by Brandsays, containing a Web Browser Plug-In, a bookmarklet and a widget (collectively, the “Tools”) the internet consumer (hereafter, the “User”) can use this information service and browse in full confidence. He will actually receive alerts in the event that he visits a site offering illegal products or services, and may also question the brands whose products or services appear on a particular site in order to see if they are legal.
In these Conditions of Use, and unless the context clearly indicates a different meaning, the following terms, beginning with a capital letter, will have the following respective meanings:
Alert means a message communicated to the User by means of the Web Browser Plug-In and/or a Pop-up, and informing him that the site or page that he is viewing contains or offers for sale products or services that are illegal or that infringe those of Partner Brands.
Web Browser Plug-In means a computer program that is added to the User’s browser for enhanced functionalities.
Brand means a graphically representable sign capable of distinguishing the products or services of an individual or legal entity.
Partner Brands means the Trademark Owners who participate in the Brandsays service in the fight against the infringement of intellectual property rights or commercial rights.
Tools means the Bookmarklet, the Web Browser Plug-In and/or the Widget (together or separately). The entire set of Tools is necessary for the functioning of Brandsays’ service.
Marketplace means a software platform designed to put vendors and buyers in contact with one another, whether they be consumers or professionals.
Pop-up means a secondary window included in the Web Browser Plug-In that is automatically displayed in front of the User’s main browser window for giving an Alert.
URL means the electronic address that allows location of a site, page or content on the internet.
Official URL means the URL of a site or page containing or offering Partner Brands products or services that are sold legally.
Non-Official URL means the URL of a site or page containing or offering for sale products or services that are illegal or that infringe upon those of Partner Brands.
Users means the individuals or legal entities making use of the Tools.
Widget means a utility application to be inserted in a web page using one’s HTML code.
The Conditions of Use will govern the use of the Tools by Users.
The installation and use of the Tools imply the acceptance of the Conditions of Use by Users.
Brandsays reserves the right to amend the Conditions of Use at any time and without notice. In the event of disagreement with the Conditions of Use or their modification, the User’s only recourse will be to cease using the Tools and uninstall them.
The Tools allow Users to receive the Alerts, in particular in the form of a Pop-up displaying a red disc (Non-Official URL) or a green disc (Official URL), as well as an information message.
In addition to being alerted, Users may alert or query the Brands concerned by using the Web Browser Plug-In, by notifying suspicious URLs or those displaying a grey disc (meaning that the page or the site has yet to be checked).
The Alerts, Tools and the Brandsays service are not intended to be complete and do not cover pages or sites:
It is not for the User but rather for Partner Brands to decide whether or not a URL is official. The User may however query Partner Brands with a simple click on the Web Browser Plug-In. This latter can decide not to state a position on the URL reported by the User due to a lack of evidence of infringement or other illegal practice. In such a case, the disc remains grey (neutral status) on the User’s browser.
Brandsays, as a simple hosting company, will not be held liable for any material that is unlawful, inaccurate, incomplete, fraudulent or harmful to Users or to third parties deriving from the data, information and/or content provided by a Brand Partner and displayed or transmitted by the Tools, when they have not been expressly informed thereof beforehand.
Further, Brandsays will incur no liability for:
Any element comprising the Tools will remain the exclusive property of Brandsays. The content, databases, indications provided by the Web Browser Plug-In and the Alerts will remain the exclusive property of the Partner Brands. A simple non-exclusive license for use is granted to the User upon acceptance and respect of the Conditions of Use by this latter.
Without the prior, express, written, authorisation by Brandsays, any operation, extraction, reproduction, representation, modification, publication, transmission, denaturing, total or partial alteration of the aforementioned elements is prohibited, and may involve the civil and criminal liability of their perpetrator.
The Conditions of Use will remain in force for as long as the Tools are used or installed on the User’s device.
Brandsays reserves the right to modify the Conditions of Use at any time and without prior warning to Users. It is therefore recommended that Users regularly consult the Conditions of Use in order to take note of any amendments to them and of the current version.
The applicable Conditions of Use are always those in force at the date of use of the Tools.
The Conditions of Use are subject to French law.
Any disputes arising from the use of the Tools or in relation to the Conditions of Use will be subject to the exclusive jurisdiction of the French (Paris) Courts.
Database and data flow securing
All the data needed for the functioning of the Brandsays browser extension are stored in the company’s’ servers in Paris. There meet the SO/CEI 27001 standard (Data security management system: http://www.iso.org/iso/fr/home/standards/management-standards/iso27001.htm).
The access to this database is managed remotely by the Brandsays team. Processes and physical entrances meet the PCI-DSS standard (Security and data protection of payment account: https://fr.pcisecuritystandards.org/minisite/en/).
All outgoing and incoming connections from the extension are secured via the SSL protocol (Secure Sockets Layer) linked to the Brandsays servers in order to prevent installation of malicious code and fake information. The SSL installation is frequently tested and updated from known vulnerabilities.
The Brandsays browser extension allows internet users to report questionable websites: illicit trade, phishing, etc. These URLs are stored and used by Brandsays. Only the registered brands have an access to this database of URLs, in order to process them.
It is important to note that there is no private data related to the content of the pages between the internet user’s bowser and the Brandsays server.