These general terms and conditions of use (hereinafter, the "GTCU") are published by MIXITY, a French SAS company with variable capital of 25,000 Euros, registered with the Nantes Trade and Companies Register under number 849 373 023, whose registered office is located at 6, rue Edouard Nignon, 44300 - Nantes, France, and which can be reached at the following email address: firstname.lastname@example.org, duly represented by Sandrine CHARPENTIER, in her capacity as President and Director of publication of these terms and conditions (hereinafter, "Mixity").
"MIXITY" is a platform available on the link www.mixity.co allowing any company to assess, pilot and promote the impact of diversity and inclusion within its organization (hereafter, the "Platform"). Following the transmission of specific responses to a self-declaration questionnaire transmitted upon user registration (hereinafter, the "Questionnaire") and/or a collaborator questionnaire (hereinafter, the "Collaborator Questionnaire"), combined with a unique algorithm, the Platform makes it possible to generate a "Mixity Footprint", a geometric form expressing the degree of diversity and inclusion within an organization (hereinafter, the "Footprint") associated with an explanatory report of the results of the Footprint.
The Platform is accessible to the following users :
- Any organization wishing to use the Footprint to assess, monitor and promote the impact of diversity and inclusion in its organization (hereinafter, the "Organization"); to do so, it appoints an administrator to manage its user account (hereinafter, the "Administrator");
- Any Collaborator invited to give his/her own opinion on the degree of diversity and inclusion footprint in an organization for the purpose of participating in the organization's Collaborator Footprint (hereinafter, the "Collaborator") ;
- Any Internet user who visits the Mixity.co website and accesses the Diversity and Inclusion Footprints of the organizations that have chosen to communicate their score on Mixity.co (hereinafter, the "Internet user").
The Administrator, the organisation, the Collaborator and the Internet User declare that they have read and accepted the Terms and Conditions of Use before registering on the Platform by ticking the corresponding box. It is expressly agreed that the UCC governs the terms and conditions of use of the Platform.
Mixity reserves the right to modify the Terms and Conditions at any time, subject of course to prior notification to the user who undertakes to take due note of them. In case of doubt, the user is invited to consult the latest document available on the Platform.
It is understood that these UGC form part of the agreement contract including the terms and conditions for making the Platform available (hereinafter, the "Agreement Contract"), of which it constitutes a single contractual whole.
The terms defined below, preceded by a capital letter and taken either in the singular or plural, shall have the following meaning:
"Administrator": means the natural person designated by the organization to manage the back office.
"Notice": refers to the assessment assigned by the user on the five themes making up the Repository for generating the Organizational Footprint.
"Employee": means any employee invited by the Company to provide his or her own opinion on the Organizational Footprint's degree of diversity and inclusion for the purpose of participating in the Organizational Footprint.
"Terms and Conditions of Use" or "UCG": means these Terms and Conditions of Use.
"Footprint": refers to the Mixity Index obtained by the organization calculated thanks to the answers given in the Questionnaire compared to the Mixity algorithm.
"Organization": refers to the organization that contracts with Mixity for the purpose of calculating its Footprint and whose User Account is managed by an Administrator.
"Functionality": refers to the services offered by the Platform, as more fully described in Article 5 of the UGC.
"Mixity User": refers, indifferently, to the users of the Platform: the Administrator as well as the User.
"Platform": refers to the online platform published by Mixity and available on the link www.mixity.co.
"Questionnaire": refers to the self-assessment questionnaire offered to the organization at the time of the creation of its User Account allowing the calculation of its Footprint.
"User": refers to any User, whether a natural person, employee of the organization or not, who has a User Account, benefits from the Functionalities indicated in article 5.2 hereof and accepts the UCG.
2. PLATFORM ACCESS AND UGC ACCEPTANCE
As indicated in the Preamble of the present document, access to the Platform is reserved for three categories of Mixity Users:
- The organization, which contracts with Mixity, appoints an Administrator and has a back-office (hereinafter, the "Back-office") managed by an Administrator ;
- The User, who may or may not be an employee of the organization and who has a user account (hereinafter, the "User Account");
- The Employee, who is an employee of the organization and who has access to the Mixity Employee evaluation questionnaire (hereinafter, the "Employee").
The present grants Mixity Users a limited, non-exclusive, non-transferable and non-sublicensable right of access and use to the Platform. This granted right allows Mixity Users to benefit from all or part of the Platform's Functionalities for the duration of the subscription.
To access the Platform's Functionalities, Mixity Users agree to read and accept the present terms and conditions by ticking the corresponding box at the time of registration. If the Mixity Users - or the organization, if the Administrator is acting on behalf of the organization - do not accept the terms of the UCG, they must refrain from registering and cease all use of the Platform and of the Functionalities offered therein.
3. REGISTRATION TO THE PLATFORM
To register, the Mixity User is invited to go to the . The Mixity User is reminded that the terminal on which he connects and the related Internet connection remain his exclusive responsibility.
Registration to the User's Platform
To proceed with the creation of his Profile, the User is invited to click on the "Register" tab, located at the top right of the Platform.
The User is invited to indicate :
The User validates the "Send verification email" tab. Once the verification email has been received, the User is invited to click on the relevant link to confirm his registration.
The User is invited to complete his User Account by entering the following information:
Registration to the Administrator's Platform on behalf of the organization
Before any registration procedure, the organization is required to appoint a manager duly authorized to access and manage the back office.
To create the Back-office, the Administrator provides the following information:
The Administrator validates the tab «Send verification email». Once the said verification email has been obtained, he is invited to click on the relevant link to confirm his registration.
The Administrator is invited to complete the information requested in the Back-office :
To validate their registration, Mixity Users are invited to read the UCG and to validate them if necessary by checking the relevant box. If their consent is not validated, Mixity Users will not be able to create their account, validate their registration and benefit from the Platform's Functionalities.
Once the information communicated and the T&Cs have been validated, the Mixity User's registration is validated and he can, as he wishes, access his account and benefit from the Functionalities.
The Mixity User may modify his information at any time by clicking on the relevant tab in his account.
To proceed with the Employee evaluation when the organization has subscribed to this service, the Employee is invited to go to the domain via a dedicated link. He will not be asked to create a user account. The Collaborator will directly access the evaluation. The Employee is reminded that the terminal to which he/she connects and the related Internet connection remain at his/her sole expense and under his/her sole responsibility.
To validate their registration, Employees are invited to read the Terms and Conditions of Use and, if applicable, to validate them by ticking the relevant box. If their consent is not validated, the Employee will not be able to access the evaluation questionnaire.
Once the information has been provided and the Terms and Conditions have been validated, access to the evaluation questionnaire is possible. The Employee may only access the questionnaire once and may not go back on his or her answers, as the evaluation is carried out anonymously.
Access to evaluation by the Collaborator
To access the Employee appraisal, the Employee has a link sent to him/her by the company and/or by Mixity.
The User is invited to fill in :
He/she is invited to accept the UGC to access the evaluation.
4. COMMITMENTS OF THE MIXITY USER UPON REGISTRATION
When registering, the Mixity User undertakes to provide accurate, sincere, complete and up-to-date information and, in particular, a valid email address.
The Mixity User undertakes to maintain the strict confidentiality of his login and password and not to allow any third party to access his account which is strictly personal.
The connection to his account via the information communicated at the time of registration to the Platform makes it irrefutably presumed that the Mixity User, who is the only one attached to it, has access and use of the Functionalities. In the event of fraudulent access, modification of the password, or any suspicious activity via his identifiers, the Mixity User undertakes to inform Mixity immediately, by email at the following address: email@example.com, or by telephone at the following number: 06 07 35 78 29, or by post at the following address: Mixity - 6 rue Edouard Nignon 44300 Nantes.
Any fraudulent registration to the Platform, in particular by using information from a third party or infringing on the rights of a third party, may lead to the suspension and/or definitive closure of the account.
5. DESCRIPTION OF THE PLATFORM'S FUNCTIONALITIES
5.1. FUNCTIONALITIES OFFERED TO THE ORGANIZATION
By subscribing to the Platform, the organization benefits from the following features:
Creation of the Footprint
To proceed with the creation of the Organizational Footprint, the Administrator is invited to answer the Questionnaire in the "Create Your Mixity Footprint" tab after registering on the Platform.
The Administrator is asked to check off the most realistic answers, but is free not to answer any of the questions. Any erroneous answer will only affect the truthfulness of the generated Footprint. The Administrator is required to respond in good faith.
Once the answers have been given, the Footprint appears in a unique geometric form whose shape varies according to the answers given to each question related to each of the themes addressed in it.
Search and compare a Footprint
The Administrator can search for third party fingerprints free of charge :
The organization can subscribe to the Diversity and Inclusion Sense of Belonging service for its employees.
The organization is informed that the assessment by the Collaborators :
Participate in the evolution of one's own Footprint
The organization will be able to participate in the evolution of its own Footprint, as part of an annual review of its data by taking out an annual subscription.
5.2. FEATURES OFFERED TO MIXITY USERS
Creating a Footprint
If the User represents an organization, the User may validly proceed with the creation of the organization's Footprint.
He becomes Administrator. The creation of the Footprint is carried out under the same conditions as set forth in 5.1. herein.
Searching for a Footprint
The Mixity User and the Internet user can search for Fingerprints free of charge:
Employees invited by the organization to participate in the Diversity and Inclusion assessment of their company in order to achieve the Employee Footprint of their own organization may freely complete an assessment in the form of an online questionnaire, subject to activation of this Feature by the organization.
These evaluations are anonymous and both the organization and the Administrator never have access to the identity of the Collaborator conducting the evaluation.
At the end of the evaluation completed by the Employees, Mixity generates a footprint of the feeling of Diversity and Inclusion of the Employees, and gives the organization access to a dedicated dashboard on its Administrator account including a set of results in the form of graphs and text based on the aggregated results of all the answers to the questions asked in the evaluation.
Compare a Footprint
The Mixity User can compare one fingerprint with another according to the following criteria:
6. SUBSCRIPTIONS AND PRICES
The Platform is available by subscription: (hereinafter, taken singularly or in their entirety, the "Subscription(s)").
- Subscription Mixity Organisation
Paying on request
Organization account - validity: 1 year
Creating an organization account
Access to the Mixity questionnaire
Creation of the organizational footprint
Access to detailed evaluation results
Suggested good practices to go further
- Mixity Employee Survey Subscription
Paying on request
Organization account - validity: 1 year
Creating an organization account
Access to the Mixity Employee Survey
Creation of the Collaborators footprint
Access to the dashboard with evaluation results
The amounts and contents of each of the Subscriptions are defined in the quotation sent to the Company.
The Subscription takes effect upon signature of the Quotation for the organization. It is concluded for a period of one year.
No right of withdrawal is recognized for the organization that subscribes to a Subscription as a professional in the sense of the introductory article of the Consumer Code, nor for the Administrator managing the Back-office. Likewise, no right of withdrawal is recognized to the User who would like to proceed with the creation of his organization's imprint and become an Administrator.
Finally, by subscribing to the Platform and validating the UGC, the User agrees that the digital content of the Functionalities offered by the Platform shall be immediately provided to him/her and therefore waives his/her right of withdrawal, in accordance with the provisions of Article L. 221-28 of the French Consumer Code.
9. TERMINATION OF THE ORGANIZATION
The organization may terminate its Subscription by registered mail with return receipt requested, subject to two (2) months' notice.
The Footprint previously generated by the Platform may, at the organization's request, be deleted from Mixity's databases.
In the event of serious and/or repeated failure by Mixity to comply with the obligations provided for herein, which is not remedied within thirty (30) calendar days from the date of a formal notice to remedy the situation, sent by registered letter with acknowledgement of receipt, the organization may terminate the present agreement by operation of law, without prejudice to any damages it may claim.
In the event of serious and/or repeated failure by the organization to comply with the obligations set forth herein, and in particular with the payment of the Subscription, which is not remedied within thirty (30) calendar days from a formal notice to remedy the situation sent by registered letter with acknowledgement of receipt, Mixity may automatically terminate the present agreement, without prejudice to any damages it may claim.
10. UNSUBSCRIPTION OF THE USER
The Mixity User can unsubscribe from the Platform at any time by writing to Mixity at the following address: firstname.lastname@example.org or directly from his account. It is understood that in the event of unsubscription, the outstanding invoices remain due to Mixity.
Unsubscribing from the Platform does not prevent you from requesting the creation of a new account and the use of the Functionalities again, it being specified that the information previously uploaded on the Platform will not be recovered.
All limitations of warranty and liability set forth in these UGC shall remain in force after the unsubscription or termination hereof.
Mixity is subject to an obligation of means, taking into account the state of the art in use in its profession and undertakes to take all reasonable care in the execution of its obligations.
Mixity informs the Mixity User and the organization that it cannot be held liable in the event of unavailability of the Functionalities and the Platform resulting from the occurrence of a case of force majeure as defined in article 1218 of the French Civil Code. In this case, Mixity will inform the Mixity User and the organization of this case of force majeure and will make its best efforts to limit the consequences so that they will be able to use the Functionalities once the case of force majeure has been resolved. It is agreed that the performance of the obligations under the Agreement and these UGC is suspended as long as the case of force majeure continues. However, if the impossibility of performance or the delay in performance continues beyond a period of two (2) months from the aforementioned notification, each of the Parties may terminate the Agreement with immediate effect by written notification, without either Party being entitled to claim any compensation.
Furthermore, Mixity reminds the Mixity User and the organization of the characteristics and limits of the Internet and the :
it is recommended to have a fast Internet connection. Mixity is not responsible for the slowness of loading or downloading due to the Internet network or to the provision of the Mixity User's Internet access by his supplier;
Mixity is not in a position to guarantee the continuity of the Functionalities carried out via the Internet, which both the Mixity User and the organization expressly recognize as such;
- any operation carried out via the Platform (downloads, consultation, use) may require response times;
- access to and use of the Internet necessary for the use of the Platform requires imperative compliance with the legislation applicable in the country where the information is issued or consulted. In addition, the transmission of information via the Internet from French territory is subject to specific regulations to which the Mixity User must necessarily refer;
In addition, the data circulating on the Internet and network channels are not always protected against misappropriation and viruses. Therefore, any communication of passwords, confidential codes and any sensitive information is made by the Mixity User under his sole responsibility and at his own risk.
Moreover, Mixity cannot be held responsible for the good or bad execution of the Functionalities offered by the Platform, within the limits defined by the UGC.
12. INTELLECTUAL PROPERTY
Mixity informs its Mixity Users and the organisation that it has all the necessary rights relating to the Platform and the Functionalities, including, but not limited to, the rights to trademarks, images, logos, illustrations, photographs and content.
In the absence of prior written agreement from Mixity, it is expressly forbidden for the Mixity User and the organization to copy, modify, edit, improve, translate, decompile, create a derivative work, reverse engineer or in any other way attempt to find the source code, sell, sub-license, assign, transfer, all or part of the Platform.
Any reproduction, representation, exploitation of any nature whatsoever and for any purpose whatsoever, of all or part of the Platform or the Functionalities by the Mixity User or the organization, of brands, images, logos, illustrations, photographs, contents, texts, without this list being exhaustive, without the prior written authorization of Mixity constitutes acts of counterfeiting punishable under the Civil Code and the Penal Code in addition to constituting a violation of the commitments under the UGC.
In addition, it is expressly understood that the Questionnaire proposed to the Organization by Mixity is likely to have the status of an "original" work, within the meaning of the Intellectual Property Code and the case law in force. Mixity is and remains vested with all the rights attached to the Questionnaire and to the Repository in its capacity as author. The present document does not confer any intellectual property rights of any kind whatsoever for the benefit of the Organization. The provision of the Platform does not transfer any rights of any nature whatsoever relating to the Questionnaire and/or the Toolkit. The results attached to the Questionnaire as well as the Reference Material also remain the exclusive property of Mixity. Any reproduction, representation or use of any kind whatsoever of the Questionnaire(s) or the Repository without the prior written authorization of Mixity, as well as of the results, constitutes acts of counterfeiting punishable under the Civil Code and the Penal Code, in addition to constituting a violation of the commitments under the UGC.
13. PERSONAL DATA
Mixity, very concerned about the security of the processing carried out on the personal data of its Mixity Users via the Platform, undertakes to ensure the compliance of the processing it carries out as data controller and processor, in accordance with the law n°2018-93 of June 20, 2018 relating to the protection of personal data, which amended the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, as well as the Regulation (EU) 2016/679 of the Parliament and the Council dated April 27, 2016.
14. DISPUTES AND APPLICABLE LAW
If one of the provisions of the UGC proves to be null, unenforceable, contrary to the law or not applicable for any reason whatsoever, it is agreed that the disputed clause will not alter the others, which will retain their full effect.
Any difficulty relating to the execution, interpretation or validity of the UGC is subject to French law and to the competent courts under the conditions of common law and the Code of Civil Procedure.
Both the Mixity User and the organization are invited to contact Mixity as a priority in order to find an amicable solution, by writing to the following address Mixity SAS - 6 rue Edouard Nignon 44300 Nantes. Any search for amicable solutions will be welcomed by Mixity.
Latest version of the Terms and Conditions: July 16, 2020