Legal notice

EN — This is a translation provided for convenience. The French version of this document is the binding version: in the event of any discrepancy in interpretation, the French text prevails, save where mandatory law in the Client's country of establishment requires otherwise. The French version is available at https://odres.io/mentions-legales.

This legal notice is published pursuant to Book XII, Title 1, of the Belgian Code of Economic Law (transposing Directive 2000/31/EC of 8 June 2000 on electronic commerce) and to Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market For Digital Services (the "DSA").

1. Identification of the publisher

The website accessible at https://odres.io (the "Site"), its subdomains, its mobile applications and the Odres.io software platform accessible at https://app.odres.io (the "Solution") — together, the "Site and Solution" — are published and operated by:

In accordance with Article XII.6, 2° of the Code of Economic Law, Odres may be contacted rapidly and in a direct and effective manner by electronic mail at contact@odres.io, as well as by post at the address of its registered office.

"Odres" means, for the purposes of this document, ODRES GROUP SRL, publisher and supplier of the Solution.

1.1 Activity and authorisations

Odres carries on the activity of software publishing in SaaS mode (Software as a Service). In Belgium, this activity is not subject to any prior authorisation or to any regulated professional regime within the meaning of Article XII.6, 5° and 6° of the Code of Economic Law. Odres is not registered with any professional body. Where applicable, any subsequent registration or authorisation shall be stated under this heading.

Odres is neither a payment institution nor an authorised account information service provider within the meaning of Directive (EU) 2015/2366. No banking connection provider has been designated to date and the corresponding functionality is not available. When it becomes available, it shall be supplied by a third-party provider authorised by or registered with a competent authority of a Member State of the European Economic Area, to which the client shall give its consent directly. At no time does Odres access its clients' bank access credentials.

Odres is not a cash register system within the meaning of the regulations applicable to registered cash register systems: payment collection data is retrieved from the client's cash register system, by application programming interface, for display and consolidation purposes only.

Collection of subscription payments. Sums owed to Odres by clients under their subscription are collected, by direct debit (SEPA direct debit mandate) or by payment card, through the payment service provider mandated by Odres:

Odres does not collect, store or process any complete payment card data: entry takes place directly on pages hosted by the provider. In respect of payment data, Stripe acts as an independent controller under its own regulatory obligations; in respect of the collection operations carried out on behalf of Odres, it acts on the basis of a data processing agreement. Details are set out in the Privacy policy (DOC 03), sections 5.5, 7.3 and 8.

1.2 Publication director

Publication director: Laurent FRASCHINI, in his capacity as Director of ODRES GROUP SRL. Contact: contact@odres.io.

2. Hosting

The Site and the Solution are two distinct applications, deployed separately. The odres.io Site is the showcase website (commercial presentation, contact form, site assistant, mailing list); the app.odres.io platform is the software Solution. Their hosting chains are not identical and must not be confused with one another.

2.1 Host of the app.odres.io platform

Application hosting of the Solution (app.odres.io) is provided by:

The additional infrastructure components used by Odres to operate the Solution are the following:

Providers' registered offices. Railway, Neon and Cloudinary have their registered offices outside the European Union, even though the processing they carry out for Odres takes place within the Union. A provider subject to the law of a third country remains subject to the orders of that law, irrespective of the location of the server; this point is taken into account in the transfer impact assessment appended to the Data Processing Agreement (DOC 10).

The payment collection provider mentioned under point 1.1 hosts neither the Site, nor the Solution, nor client data: it intervenes solely for the purpose of collecting subscription payments.

Fonts, icons and libraries. The typefaces, the icon library and the display libraries used by the pages of the Solution are local copies served by the platform itself. No page loads any resource from a third-party content delivery network, and the visitor's IP address is not transmitted to any such network.

2.2 Host of the odres.io Site

The showcase Site odres.io is an application distinct from the Solution, deployed separately.

The host of the Site is not that of the app.odres.io platform. Vercel Inc. has its registered office in the United States: the remark in point 2.1 concerning providers established outside the Union applies to it as well. The Site's forms store the data they collect in a PostgreSQL database managed by Neon, in Frankfurt (European Union).

2.3 Data location and transfers

The application, the database and the files — including HR documents and attachments — are hosted in the European Union. Application hosting is provided by Railway in the Netherlands, the database is managed by Neon on AWS infrastructure in Frankfurt (Germany, eu-central-1 region), files, images and documents are stored with Cloudinary in a European data centre of the provider, transactional e-mails are routed by Mailjet within the European Union and the collection of subscription payments is operated by Stripe Payments Europe, Limited in Ireland. Data is encrypted in transit (HTTPS/TLS) and at rest.

Three ancillary functions involve providers established in the United States: the routing of push notifications, the reading of and replying to online reviews, and the artificial intelligence functions. These transfers are based on the European Commission's standard contractual clauses (implementing decision (EU) 2021/914) and, where the provider is certified thereunder, on the EU–United States Data Privacy Framework. To these are added the video players of the Training module, activated only when a user starts a video, and the functions of the Stripe group performed from the United States.

The data in the database and the files do not leave the European Union. Apple and Mozilla are not certified under the EU–United States Data Privacy Framework: for these two recipients, the transfer is based solely on the standard contractual clauses declared by the provider.

Details of the places of processing, of the sub-processors, of the data transferred and of the basis for each transfer are set out in the Privacy policy (DOC 03), section 8, and in the Data Processing Agreement (DOC 10), to which the transfer impact assessment is appended.

3. Contact, complaints and dispute resolution

3.1 General contact

Any request for information, complaint or notification relating to the Site and the Solution may be addressed:

• by electronic mail to contact@odres.io;
• by post to ODRES GROUP SRL, 20 Place Verte, 6000 Charleroi (Belgium).

Odres shall acknowledge receipt of any written complaint within two (2) Business Days and shall provide a reasoned reply within ten (10) Business Days. "Business Day" means Monday to Friday, excluding Belgian statutory public holidays.

3.2 Amicable settlement and mediation

The Solution is intended exclusively for professionals. The contractual relations between Odres and its professional clients are governed by the General subscription terms (DOC 06), which provide for a prior attempt at amicable settlement in good faith for thirty (30) days from the written notification of the dispute.

In the event that a user acting in the capacity of a consumer were nevertheless to access the Site, such user is informed of the existence of the Consumer Mediation Service (FPS Economy), boulevard du Roi Albert II 8, boîte 1, 1000 Bruxelles — https://mediationconsommateur.be.

Recourse to mediation is optional and entails no waiver of the right to bring legal proceedings.

4. Intellectual property

4.1 Ownership

All of the elements making up the Site and the Solution — in particular the architecture, the source code and object code, the databases, the graphical interfaces, the graphic design guidelines, the texts, illustrations, photographs, videos, sounds, logos, trade marks, domain names, documentation and materials — are protected by Belgian and international intellectual property law and remain the exclusive property of Odres or of its licensors.

The name "Odres", the domain name "odres.io" and the associated distinctive signs — in particular OdStaff, OdClock, OdStock, OdKiosk and OdLabels — constitute protected signs. Any unauthorised use may give rise to the liability of the person responsible.

4.2 Rights of use granted

Consultation of the Site confers a strictly personal, non-exclusive, non-transferable and revocable right of use, limited to consultation for information purposes.

Access to the Solution is governed by the Terms of use (DOC 05) and, as regards the relationship with the subscribing undertaking, by the General subscription terms (DOC 06).

4.3 Prohibitions

The following are prohibited in particular, save with the prior written authorisation of Odres or under a mandatory statutory exception — in particular the exceptions provided for in Articles XI.299 and XI.300 of the Code of Economic Law concerning computer programs:

1. the reproduction, communication to the public, adaptation, translation or distribution, in whole or in part, of any element of the Site or of the Solution;
2. the extraction or re-utilisation, qualitatively or quantitatively substantial, of the contents of the databases;
3. decompilation, disassembly or any form of reverse engineering;
4. the automated collection of data (scraping, harvesting, unauthorised indexing) and the use of any content for the purposes of training artificial intelligence systems.

Odres expressly reserves, within the meaning of Article 4(3) of Directive (EU) 2019/790, its rights in respect of text and data mining for purposes other than scientific research.

5. Site content and liability

5.1 Nature of the content

The information published on the Site is provided for indicative and general purposes. It constitutes neither legal, tax, employment or accounting advice, nor a firm contractual offer, save where expressly stated otherwise. Functional descriptions, illustrations and demonstrations are illustrative in scope; the contractual scope actually subscribed for is that defined in the Order Form.

5.2 Extent of liability

Odres employs reasonable means to ensure the accuracy, updating and availability of the information published on the Site. Odres does not, however, warrant the complete absence of errors, omissions or interruptions of the Site.

This clause concerns exclusively the editorial content of the Site. It in no way restricts:

1. the contractual undertakings of Odres in respect of the Solution, defined in the General subscription terms, the Terms of use and the Service Level Agreement;
2. the liability of Odres in the event of fraud or gross negligence on its part or on the part of its agents;
3. the liability of Odres in the event of death or injury to physical integrity;
4. the liability of Odres in the event of a breach of an essential obligation of the contract;
5. any liability the limitation or exclusion of which would be prohibited by a mandatory statutory provision, in particular Articles VI.91/1 to VI.91/10 of the Code of Economic Law.

5.3 Technical availability

Odres may interrupt access to the Site for reasons of maintenance, security or technical development. Save in cases of urgency, such interruptions shall be the subject of prior information by any appropriate means. The availability undertakings applicable to the Solution — distinct from those of the showcase Site — are set out in the Service Level Agreement (DOC 11).

6. Hyperlinks

6.1 Outbound links

The Site may contain links to websites or resources operated by third parties. These links are offered as a convenience. Odres exercises no control over such resources, does not endorse their content and assumes no liability as to their availability, accuracy or lawfulness. Access to such resources takes place at the user's own risk and is governed by the terms applicable to them.

6.2 Inbound links

The establishment of a hyperlink to the Site is permitted provided that the link:

1. does not place the pages of the Site within a frame belonging to a third party (framing) or present them as that party's own content;
2. does not suggest any non-existent affiliation, endorsement or partnership;
3. does not form part of a context prejudicial to the image, reputation or rights of Odres or of third parties.

Odres may at any time request, by simple reasoned written notification, the removal of a link which does not comply with these conditions.

7. Notification of illegal content — point of contact (DSA)

7.1 Single point of contact

Pursuant to Articles 11 and 12 of Regulation (EU) 2022/2065, and without acknowledging the classification of the Solution with regard to the categories of intermediary services defined by that Regulation, Odres designates the following single electronic point of contact:

Contact address: support@odres.io

This point of contact allows direct and rapid communication, by electronic means:

• with the authorities of the Member States, the European Commission and the European Board for Digital Services (Article 11 of the DSA);
• with users and any person wishing to notify content (Article 12 of the DSA).

Languages of communication accepted: French, Dutch and English.

As Odres is established in Belgium, that is to say within the European Union, the designation of a legal representative within the meaning of Article 13 of Regulation (EU) 2022/2065 is not applicable.

7.2 Content and form of the notification

In order to be usefully processed, every notification must contain:

1. a sufficiently reasoned explanation of the reasons why the content is alleged to be illegal;
2. the precise and accurate electronic indication of the location of the content (URL, identifier, dated screenshot);
3. the name and electronic mail address of the person submitting the notification, except where the notification concerns an offence referred to in Articles 3 to 7 of Directive 2011/93/EU;
4. a statement confirming the good-faith belief of the person submitting the notification as to the accuracy and completeness of the information provided.

7.3 Processing

Odres shall acknowledge receipt without undue delay of any notification containing the elements referred to under point 7.2 and shall inform the person submitting the notification of its reasoned decision and of the remedies available. Processing is carried out in a diligent, non-arbitrary and objective manner.

Where the notified content has been introduced into the Solution by a professional client or by a user acting under its authority, Odres shall notify that client and invite it to act, in accordance with the procedure provided for by the Acceptable use policy (DOC 12). The graduated measures which may be taken — warning, limitation, suspension, termination — and the associated procedural safeguards are described in that document.

7.4 Abusive notifications

Odres reserves the right to suspend, after prior warning, the processing of manifestly unfounded notifications submitted repeatedly by the same person.

8. Personal data and cookies

The processing of personal data carried out by Odres in its capacity as controller — in particular data relating to prospects, contacts, invoicing, payment collection, support and security — is described in the Privacy policy (DOC 03), permanently accessible from the website https://odres.io, heading "Privacy policy", and provided on simple request to contact@odres.io. That Policy specifies, in its section 8, the location of each processing operation, the transfers actually carried out outside the European Economic Area and the basis for each of them.

The use of cookies and trackers on the Site is described in the Cookie policy (DOC 04), permanently accessible from the website https://odres.io, heading "Cookie policy".

For data introduced into the Solution by a professional client or its users, that client is the controller and Odres acts in the capacity of processor within the meaning of Article 28 of the GDPR, under the conditions defined by the Data Processing Agreement (DOC 10).

"Privacy" point of contact: contact@odres.io. Odres has not designated a data protection officer, the conditions of Article 37 of the GDPR not being met to date; any subsequent designation would be stated under this heading.

Competent supervisory authority: Data Protection Authority, rue de la Presse 35, 1000 Bruxelles — https://www.autoriteprotectiondonnees.be.

9. Accessibility and security

Odres implements reasonable technical and organisational measures in order to preserve the security of the Site and of the Solution. Any security vulnerability may be reported in accordance with the responsible disclosure policy described in the Acceptable use policy (DOC 12), at the address support@odres.io.

Odres never requests, through any channel whatsoever, a user's password or bank access credentials. Any such solicitation must be reported to support@odres.io.

It is prohibited to attempt to access all or part of the Site without authorisation, to disrupt its operation or to compromise its integrity. Such conduct may constitute an offence within the meaning of Articles 550bis and 550ter of the Belgian Criminal Code.

10. Applicable law and jurisdiction

This legal notice is governed by Belgian law, to the exclusion of its conflict-of-laws rules.

Any dispute relating to the Site falls within the exclusive jurisdiction of the courts and tribunals of the judicial district of Hainaut, Charleroi division, without prejudice to the right of Odres to bring proceedings before any other competent court and subject to the mandatory provisions of the user's country of establishment.

The contractual relations relating to the Solution are governed by the applicable contractual documents, in accordance with the hierarchy which they define.

11. Amendment of the legal notice

Odres may amend this legal notice in order to reflect a change in its identity, its organisation, its hosting, its services or the applicable legal framework. The applicable version is the version published on the Site on the date of consultation. The date of the last update appears at the head of the document.