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Legals

Shuttle Terms of Service

The following Terms of Service govern your contractual relationship with H2G Lab, whether you are a Customer or a User, as defined in Article 1 of the present Terms of Service.

The following Terms of Service govern all uses of the Shuttle.tools service (*.shuttle.tools), or any other website owned and operated by H2G Lab which incorporate these terms and conditions, including all services, functionalities, Shuttle applications (Shuttle SDK) and support packages provided via the Service. The Service offered is subject to your acceptance without modification of all of the terms and conditions contained in the Agreement.

Please read the Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not use the Service. If these terms and conditions are considered an offer by H2G Lab, acceptance is expressly limited to these terms.

Effective date: 21/01/2019

1. Definitions

"Account" represents an individual User's authorization to log in and use the Service. Serves as a User's identity on Shuttle.

"Add-On" means the different options, other than Apps and Users, a Customer can pay for, to be included in their Service.

"Agreement" refers, collectively, to all the terms, conditions and notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other policies, schedules (including the Shuttle Privacy Policy and procedures that we may publish from time to time on the Platform.

"App" refers to each application and affiliated build(s), version(s) and attached metadata distributed via the Service.

"Business Day" refers to any day which is not a Saturday, Sunday or a public holiday in France.

"Content" refers to (i) the data (including, without limitation, binaries, text, image, sound, video) inputted on the Platform by the Customer or its Users for the purpose of using the Service (ii) and the Apps.

"Customer Content" refers to both Content and Generated Content.

"Customer" refers to the individual person, company or organisation that has subscribed to a Plan.

"Downloads" refers to the act or process of downloading a build of an app on a device by a registered user or a third party user.

"Generated Content" refers to (i) the metadata that are generated by the Customer and/or their Users when they are using the Services (including, without limitation, access logs, actions logs, etc.); (ii) and/or Third Party User's data that may be collected through the Service when they are using a Customer's App integrating our Shuttle SDK (including without limitation, notation, user's feedback, crash reports, logs).

"H2G Lab", "We," and "Us" refer to H2G Lab SAS, a french simplified joint-stock company (société par actions simplifiée) with share capital of € 10.000, incorporated and registered in France with company number 827 646 084 RCS Lyon, whose registered office is at 31 rue Mazenod, 69003 Lyon (FRANCE). These definitions also refer to our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

"Normal Business Hours" refer 09:00 to 18:00 UTC+01:00 (CET) time, each Business Day.

"Organisations" are shared workspaces of the Service that may be associated with a single entity or with one or more Users where multiple Users can access Content. An Organisation can also refer to an instance of the Service.

"Owner" refers to a User of the Service who is designated by a Customer to administer one or several Customer's Organisation(s). An Owner is deemed to act on behalf of the Customer.

"Personal Information" means any information relating to an individual, and on the basis of which they can be identified, directly or indirectly.

"Plan" refers to the type or level of the Service chosen by the Customer and available to the Users. With each plan of the Service comes a set of available features, Add-Ons and a predefined set of available Variables.

"Platform" refers to Shuttle's web platform located at shuttle.tools, and all services, mobile applications and products provided by H2G Lab at or through the Platform. It also refers to H2G Lab-owned subdomains of shuttle.tools.

"Service" refers to the subscription services provided by H2G Lab to the Customer in accordance with their Plan, and notably the right to access and use the Shuttle online application and any additional Variables purchased by the Customer.

"Shuttle SDK" refers to our tools used to obtain technical and human feedback (notation, comments, crash reports, logs, etc.).

"Third Party User" refers to an individual end-user who is only authorized by the Customer to download and use a Customer's application integrating our Shuttle SDK. Third Party User does not have a User Account.

"User" refers to each individual end-user of Customer and/or their affiliates (including, without limitation, employees, agents or consultants thereof) who are authorised by the Customer to use the Service. A User can have different roles, depending of the rights and privileges granted by the Customer. A User must be at least 16 (sixteen) years of age.

"Variables" refer to the sum of the different Apps, Downloads and Add-Ons available in the Service the Customer pays for. These Variables are used to define the payment.

"You" and "Your" refer, depending on the context, either to you as a Customer or you as a User.

2. Overview of Shuttle Service

Shuttle is a platform for centralized apps management and deployment, which is working with several platforms (such as iOS, Android, macOS). Shuttle allows you to deploy your applications easily.

Shuttle is developed by H2G Lab who releases an open-source version of its code on Github (the Shuttle Community Edition). This Agreement does not apply to the Shuttle Community Edition.

This Agreement only applies to the Service offered by H2G Lab through its Platform. Shuttle Service is an open-core software-as-a-service platform provided by H2G Lab. The Service offering is a commercial version of Shuttle which remains the property of H2G Lab.

3. Your Account and Service

3.1 General Obligations

Whether you are a Customer or a User, you undertake that:

  • You will not allow or suffer any Account to be used by more than one individual User unless it has been reassigned in its entirety to another individual User, in which case the prior User shall no longer have any right to access or use the Service;

  • You are responsible for maintaining the security of your Account including the confidentiality of your credentials, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with the Account. You must immediately notify H2G Lab of any unauthorized use of your Account or any other breaches of security. H2G Lab will not be liable for any act or omission by You, including any damages of any kind incurred as a result of such acts or omissions.

3.2 Specific obligations for Owner

The Owner of an Organisation has ultimate administrative control over that Organisation, the Users and the Content within it. An Organisation may have multiple owners, but there must be at least one User Account designated as an owner of an Organisation. If you are the owner of an Organisation under these Terms, we consider you responsible for the actions that are performed on or through that Organisation.

4. Acceptable Use of Your Account and the Service

By accepting this Agreement, you agree not to use, encourage, promote, or facilitate others to use, the Service or your Account in a way that is harmful to others ("Acceptable Use").

Examples of harmful use include, but are not limited to:

  • engaging in illegal or fraudulent activities,
  • infringing upon others' intellectual property rights,
  • distributing harmful or offensive Content that is defamatory, obscene, abusive, an invasion of privacy, or harassing,
  • violating the security or integrity of any computer, network or communications system,
  • and taxing resources with activities such as cryptocurrency mining.

The Customer shall not license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party except the Users.

H2G Lab reserves the right, without liability or prejudice to its other rights to the Customer, to suspend the Customer's access to the Service and/or to disable the User's Account and/or limit the features or functionality of the Service in case of breach the provisions of this clause.

5. Payment and Plan

5.1 Pricing

Our Plan, pricing and payment terms are available at https://www.shuttle.tools/pricing/. If you agree to a Plan, that will remain your price for the duration of the Plan; however, prices are subject to change at the end of a payment term. We may, in our sole discretion, change prices from time to time. Changes to pricing will be implemented immediately on update to the Platform and will be charged to new or existing Customers reaching their payment terms. Fee increases will not apply to current Customers whose payments are in good standing for the duration of their subscription to the same paid Plan and chosen Variables.

All our plans include a 30 days free-trial period with unlimited Variables consumption starting at the time of the subscription.

5.2 Billing Schedule & No Refunds

We will bill you at the beginning of each billing cycle for the subscribed Plan and for consumed Variables of the elapsed billing cycle.

For monthly or yearly payment terms, the Service is billed accordingly and is non-refundable.

5.3 Upgrades, Downgrades, and Changes

You may change your level of service at any time.

If you change from a monthly billing term to a yearly billing term, H2G Lab will bill you immediately for a full year, deducing the prorated amount of the non-used period of the previous monthly subscription.

If you upgrade to a higher level of service, we will bill you for the upgraded Plan immediately, including the consumed Variables to-date. We will also update your billing cycle accordingly.

In the event of a downgrade, we will deposit prorated credits to your Owner Account. These credits have no currency or exchange value, are non-transferable and non-refundable, and will expire following the termination of your paid services terms with the Service. These credits will be automatically used against your next payment installments. If you choose to downgrade your level of service, you and your Users may lose access to features or capacity of the Account.

5.4 Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card or any other approved methods of payment for fees that you authorize for the Service.

5.5 Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay H2G Lab any charges incurred in connection with your use of the Service. If you dispute the matter, contact Shuttle Support by email (support@shuttle.tools). You are responsible for providing us with a valid means of payment.

5.6 Failure to Pay Fees When Due

If your account is overdue, in addition to any other rights and remedies, we reserve the right to suspend access to the Service and/or otherwise limit the features or functionality of the Service. We may terminate our Agreement if you fail to pay the outstanding amounts owed within thirty (30) days of the payment due date.

6. Term

As a Customer, the term of your Agreement with H2G Lab will commence on the date of your first subscription plan and continue for the period set forth in your subscription Plan. The Term will renew for successive equivalent periods, unless either party refuses such renewal by notification (written email request for cancellation or cancellation action on the Owner's dashboard) made before the renewal date. Cancellation will be effective at the end of the applicable subscription period.

As a User, the term of your Agreement with H2G Lab will commence on the date of the creation of your Account and continue as long as you are allowed to use our Service.

7. Content

As a User, our Service allows you to post, link, store, share and otherwise make available certain Content. You are responsible for the Content that you post or make available to the Service, including its legality, reliability, and appropriateness. When you post, link, store, share and otherwise make available certain Content on an Organisation, you are deemed to act for and on behalf of the Customer who owns this Organisation.

As a Customer, You remain responsible for the Content that your Users post or make available to the Service on your Organisation, including its legality, reliability and appropriateness.

Whether you are a Customer or a User, You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Therefore, You hereby grant to us and our affiliates a non-exclusive, limited to the duration of the Agreement, irrevocable, worldwide, royalty-free, fully paid-up, license to use, reproduce, display, transmit, modify, and otherwise exploit any Content that you post on or through the Service, solely in connection with the Service.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated Content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Content or activities on the Service.

8. Content Posted on Other Websites

We do no review, and cannot review, all of the material, including computer software, made available through the websites and webpages to which this website links, and that links to this website. H2G Lab does not have any control over those non-H2G Lab websites and webpages and is not responsible for their contents or their use. By linking to a non-H2G Lab website or webpage, H2G Lab does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. H2G Lab disclaims any responsibility for any harm resulting from your use of non-H2G Lab websites and webpages.

9. Third-Parties services

Depending on the Plan subscribed by the Customer, the Users may use third parties' services through our Platform and our Services. H2G Lab is not responsible for and does not operate the third parties' services, which are provided by separate and distinct companies. The Customer is legally bound by a separate agreement with such third parties' providers.

THE CUSTOMER ACKNOWLEDGES THAT THE INTEROPERABILITY OF OUR SERVICES WITH THIRD PARTIES' SERVICES MAY STOP AT ANY TIME, COMPLETELY OR IN PART AT ANY TIME, WITHOUT PRIOR NOTICE. THEREFORE, THE CUSTOMER ACKNOWLEDGES THAT THE THIRD PARTIES' SERVICES EVENTUALLY SUBSCRIBED BY IT WAS NOT A DECISIVE FACTOR OF ITS CONSENT.

As H2G Lab asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by H2G Lab violates your copyright, please send a notice with all of the items below, to the address below, and we will take appropriate action:

1) A description of the copyrighted work that you claim is being infringed; 2) A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material; 3) Your name, title (if acting as an agent), address, telephone number, and email address; 4) The following statement: "I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; 5) The following statement: "The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed"; and 6) An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Submissions under this Copyright Directive Policy should be sent to Shuttle Legal.

We will review your submission and take whatever action we deem appropriate under the Copyright Directive, including removal of the challenged Content from the website. Furthermore, we may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.

11. Data Privacy

11.1 H2G Lab Processing

Whether you are a Customer or a User, H2G Lab processes personal information for several purposes and notably to provide its Service.

11.2 Customer's Processing

By using Shuttle Service, Customer can process personal information of different individuals (Users and/or Third-Party Users) for their own purposes.

In such case, H2G Lab and the Customer are jointly responsible (joint data controllers) on the Customer's processing of personal information and their responsibilities towards individuals are shared as described in the Shuttle Joint Data Controller Agreement.

As a Customer, you acknowledge that you are legally bound by our Joint Data Controller Agreement and you undertake to comply with the obligations contained therein.

12. Availability and Support

We shall use commercially reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for planned maintenance carried out outside our Normal Business Hours, provided that We have used a reasonable endeavor to give the Customer at least a 12 hours notification in advance.

Notwithstanding the above, H2G Lab is allowed to perform unscheduled maintenance inside Normal Business Hours, and without prior notification, in case of vital maintenance or serious security issue.

We will provide for each Customer, as a part of the Service and at no additional cost to the Customer, a standard customer support service during Normal Business Hours. Depending on Customer's Plan subscription or additional Variables purchases, We may offer the Customer an enhanced support services separately, under the provisions of our pricing terms available at https://www.shuttle.tools/pricing/.

13. Hosting and geographical location

As a Customer, and depending on your subscription Plan, we may offer you the possibility to choose for each of your Organisations where your Customer Content will be geographically hosted.

If your subscription Plan does not allow you to decide the geographical location of your Customer Content, your Customer Content will be hosted in the European Union. This location can be changed at any time by H2G Lab without prior notice.

14. Intellectual Property

14.1 General Provisions

Ownership, copyright and title of any software that is developed by H2G Lab shall at all times remain with H2G Lab. You shall not acquire directly, indirectly or by implication any title, copyright or ownership in the software or any part thereof. This Agreement does not transfer from H2G Lab to you any H2G Lab or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with H2G Lab. H2G Lab, the H2G Lab logo, Shuttle, the Shuttle logo, and all other trademarks, service marks, graphics and logos used in connection with H2G Lab, or the Service are trademarks or registered trademarks of H2G Lab LTD or H2G Lab SAS. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any H2G Lab or third-party trademarks.

14.2 Shuttle SDK License

H2G Lab hereby grants You a nonexclusive, non-transferable, non-sublicensable, revocable license to use and incorporate our Shuttle SDK into your App, in an unmodified way, and to distribute such App with our Shuttle SDK integrated into it to your Third-Party Users, solely for the purpose of enabling interoperability with our Service, solely to allow you to collect and retrieve Generated Content related to your Third Party Users' activities (including without limitation, notation, user's feedback, crash reports, logs).

Notwithstanding with the hereinabove license, Shuttle SDK remains owned by H2G Lab and is not sold to you.

15. Changes

H2G Lab reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. H2G Lab may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. H2G Lab may also, in the future, remove features at any time without warning.

16. General Representation

You represent and warrant that (i) your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local law or regulation in your country, state, city, or other governmental area, regarding online conduct and acceptable Content, and including all applicable laws regarding the transmission of technical data exported from the European Union or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

17. Cancellation of Account

As a User, if you wish to delete your Account, you need to contact the Owner who invited you to access and use our Services since this Owner is responsible to manage your Account.

As a Customer, it is your responsibility / or the responsibility to your Owner who acts on your behalf, to properly delete any Account or Organisation.

As an Owner, you can delete your Account only if another Account is also designated as an Owner within your Organisation or if there is no instance operating within your Organisation. In the later case, your Organisation is also deleted and cannot be recovered.

18. Termination and Survival

H2G Lab may terminate the Agreement effective immediately if:

  • The Customer or their Users breach any of the obligations stated in Articles 3, 4 of this Agreement
  • or the Customer does not pay any amount owing under Article 5 of this Agreement within thirty (30) days of payment due date,
  • or the Customer or their Users breach any other provision of this Agreement and do not remedy such breach upon a warning setting a reasonable time period for such remedy.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

19. Reversibility

In the event of termination of the contractual relations between the Parties, howsoever caused, H2G Lab undertakes to set up a reversibility phase to allow the Customer to recover their Customer Content.

The Customer will have a period of thirty (30) days from the termination of the contractual relationship with H2G Lab to notify in writing their concern to recover their Customer Content.

If the Customer notifies H2G Lab within this period, H2G Lab will have thirty (30) days from the date of the notification to provide to the Customer their Customer Content in a standard and structured computer format (such as a .csv, .json or .xml format).

If the Customer does not notify H2G LAB within the stipulated period of his concern to recover the Data, H2G LAB will no longer be obliged to grant the Customer's request and may, without notice, destroy all the Customer Content.

20. Limitation of Liability

IN NO EVENT WILL H2G LAB OR ANY OF ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY DAMAGES WHATSOEVER. H2G LAB SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

21. Indemnification

As a Customer, You agree to indemnify and hold harmless H2G Lab, its affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of this Agreement, including but not limited to your violation of this Agreement.

22. Disclaimer of Warranty

THE SERVICE IS PROVIDED "AS IS". H2G LAB AND ITS AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER H2G LAB NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. AS A CUSTOMER OR A USER, YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK.

23. Partial Invalidity

If any provision of this document is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

24. Failure to Enforce

The failure of either party to enforce at any time, or for any period of time, the provisions hereof shall not be construed to be a waiver of such provision or of the right of such party to enforce each and every such provision.

25. Dispute Resolution

The parties will engage in good faith negotiations to resolve the dispute for a period of forty (40) business days after written notice of the dispute or issue is provided by one party to the other. Within such forty (40) business days, representatives from each party will engage in negotiations to resolve the dispute, and such individuals will meet in person, via video conference or via telephone and attempt to informally resolve the dispute or issues. If those persons are unable to resolve the dispute within such forty (40) business days, then unless the parties have mutually agreed to extend the negotiation period, a party may exercise its rights available to such party under this Agreement or otherwise.

26. Jurisdiction

The Parties irrevocably agree that the courts of Lyon (France) shall have exclusive jurisdiction to settle any dispute or claim (namely, any claim, suit, demand, action and proceeding) that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

27. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of France, and without regard to international law rules of conflict of laws.

28. Publicity

As a Customer, by accepting these terms, you agree that H2G Lab may reference and use Your name, logos and trademarks in Shuttle marketing and promotional materials, including, but not limited to the Shuttle Platform, solely for purposes of identifying You as a customer of Shuttle. Otherwise, neither party may use the trade names, trademarks, service marks, or logos of the other party without the express written consent of the other party.

Shuttle Privacy Policy

1. About Our Privacy Policy

This Privacy Policy applies to the Personal Information H2G Labs collects from you or about you when:

  • you visit our website shuttle.tools (for further information check our Privacy for Visitors);
  • you subscribe to our Services (for further information, check our Privacy for Customers);
  • you use our Platform (for further information, check our Privacy for Users);
  • you use an App which integrates our Shuttle SDK (for further information, check our Privacy for End-Users).

We explain below why and how We process your Personal Information.

This Privacy Policy is effective from January 21, 2019.

We may change this Privacy Policy at any time and We will notify you thereof, either by email or by any means of electronic notice, within a reasonable time period prior to the entry into force of any later version.

2. When this Privacy Policy does not apply?

We draw your attention on the fact that this Privacy Policy only applies to the processing of personal data H2G Lab realizes as sole and only one data controller and which are described hereinafter.

It means that this Privacy Policy does not apply to the processing of personal data which are introduced and processed under the control of a Customer.

In such case, H2G Lab acts as a joint data controller only on the means of these processing of personal data whereas the Customer decides and determines solely the purposes of their processing.

Therefore, the Customer must provide you all the necessary information on their processing of personal data and will be your contact point for any request or exercise of your rights related to such processing.

3. Definitions

"App" means a Customer's mobile application distributed through our Services.

"Content" refers to (i) the data (including, without limitation, binaries, text, image, sound, video) inputted on the Platform by the Customer or their Users for the purpose of using the Service (ii) and the Apps.

"Customer" means the individual person, company or organisation who (ii) administrates one or several Organisations and decide which Users can contribute on it (ii) and/or ask End-Users to test an App into which our Shuttle SDK is integrated.

"Customer Content" refers to both Content and Generated Content.

"Downloads" refers to the act or process of downloading a build of an app on a device by a registered user or a third party user.

"H2G Lab", "We," "Our" and "Us" refer to H2G Lab SAS, a french simplified joint-stock company (société par actions simplifiée) with share capital of € 10.000, incorporated and registered in France with company number 827 646 084 RCS Lyon, whose registered office is at 31 rue Mazenod, 69003 Lyon (FRANCE). These definitions also refer to our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

"Organisations" are workspaces on the Platform, owned and managed by an Entreprise who invite Users of its choice to collaborate on it.

"Personal Information" means any information relating to you, and on the basis of which you can be identified, directly or indirectly.

"Platform" means Shuttle's web platform located at shuttle.tools, and all services, mobile applications and products provided by H2G Lab at or through the Website. It also refers to H2G Lab-owned subdomains of shuttle.tools.

"Services" mean all the online services we offer you when you access or use our Platform.

"Shuttle SDK" refers to our SDK tools used by Customers to obtain insights (notation, comments, feedbacks, crash reports, logs, etc.) on their Apps.

"User" refers to any individual user who has an account on our Platform.

"End-User" refers to a end-user of a Customer's App into which our Shuttle SDK is integrated.

4. How can you contact us?

You can contact us in in any of the following ways:

5. What kinds of Personal Information do We process concerning you?

We process different kinds of your Personal Information depending you are:

  • a Visitor of our website shuttle.tools;
  • a Customer of our Services;
  • a User of our Platform;
  • or an End-User of a Customer's App

For more information, please read Article 6 “Why and for what do you use my Personal Information?” below, in which we explain the purposes of our processing of your Personal Information.

We can process Personal Information you provide to us or we collect automatically.

We process different kinds of Personal Information:

Contact Information Civility, name or business name, first name, last name, address (including head office, billing location), phone number, email, date of birth, customer ID code, accountable ID code, company number).
User ID Information Username, password, email, user rights and privileges, role (Administrator, Owner, Member).
Professional life Information Profession, role, activity, economic category.
Payment Information Payment, conditions, terms (subscribed plan, discount reduction, advance payment), bank account details, check number, credit card number, credit card expiry date, security code of credit card, credit terms and conditions.
Transaction Information Transaction number, purchase details and services details.
Customer Relationship Information Documentation request, subscribed services, billing date and amount, transaction history.
Direct Marketing Information Data necessary for loyalty actions, direct marketing, survey, service testing and promotion, contests and any promotional operation such as the date of participation, the answers given to the contests.
Reviews and opinions Data relating to the contributions of individuals who submit notices on our services, including their pseudonym or username.
Log Data and Device Information Time, date, IP address, browser information, screen size, operating-system.
Cookies Information For more information, please read Article “12 How do we use cookies?” hereinafter.
Contributions Comments, likes, files uploaded and downloaded, contributions, messages, activities on the Platform, date and hour of activities.
Shuttle SDK Information Apps' insights (notation, comments, feedbacks, crash reports, logs, etc.).

6. Why is the provision of some of my Personal Information necessarily required?

We sometimes require you to provide us with some of your Personal Information. We request this when it is necessary for the provision of our Services or required by law. For instance, we need to collect your email address when you sign up to our newsletter or when you create an account on our Platform.

Failure to provide us with mandatory information may have consequences: We will not be able to create your account; We will not be able to provide our Services to you, etc.

When some Personal Information is required, we add an asterisk (*) next to the collection field and We explain you why We need to process it.

7. Why and for what do you use my Personal Information?

We need to use your Personal Information for several purposes because we have a lawful basis to do it, which can be either:

  • the necessity to enter into or perform Our Term of Use with you (Contractual necessity),
  • our necessity to comply with legal obligations (Compliance with law),
  • a legitimate interest We have in processing your Personal Information (Our Legitimate Interest),
  • you have consented to such processing (Your Consent).

PLEASE NOTE THAT YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT FOR ANY PROCESSING OF THE OPERATIONS LISTED ABOVE AT ANY TIME, BY CONTACTING US OR BY WITHDRAWING YOURSELF YOUR PERSONAL INFORMATION OF THE PLATFORM, WHERE POSSIBLE.

We collect, process and use your Personal Information for the hereinafter purposes of processing.

7.1 Privacy for Visitors of our website shuttle.tools

PURPOSES LEGAL BASIS (CATEGORIES OF) PERSONAL INFORMATION CONCERNED
To answer to your questions from our contact form Legitimate Interest Contact Information.
Contributions.
To prevent and detect fraud, to improve the security of our services Legitimate Interest Log Data and Device Information.
Contributions.
To keep a log of actions and pages visited on our website Compliance with law Log Data and Device Information.
To leave our cookies Consent For further information, please read Article 12 “How do we use cookies?” below.

7.2 Privacy for Customers of our Services

PURPOSES LEGAL BASIS (CATEGORIES OF) PERSONAL INFORMATION CONCERNED
Management of our contractual relationship: provision of our Shuttle services, support and customer services Contractual necessity Contact Information.
User ID Information.
Professional life Information.
Payment Information.
Transaction Information.
Customer Relationship Information.
Management of our contractual relationship: automatic monthly or annually payment plan Contractual necessity Payment Information.
Management of our contractual relationship: accounting requirements, tax obligations, etc. Compliance with law Contact Information.
Payment Information.
Transaction Information.
Customer Relationship Information.
Management of our contractual relationship: claims management, litigation management Legitimate Interest Contact Information.
Customer Relationship Information.
Marketing: Direct marketing by email (B2B) Legitimate interest (You can unsubscribe at any time) Contact Information.
Professional life Information.
Customer Relationship Information.
Marketing: Sending our newsletter by email Legitimate interest (You can unsubscribe at any time) Contact Information.
Customer Relationship Information.
Marketing: Management of the list of our unsubscribed customers Legitimate Interest Contact Information.
Customer Relationship Information.

7.3 Privacy for Users of our Platform

PURPOSES LEGAL BASIS (CATEGORIES OF) PERSONAL INFORMATION CONCERNED
To enable you to access and use our Platform, services and applications Contractual necessity User ID Information.
To improve and optimize our Platform, services and applications Legitimate Interest Contributions.
Log Data and Device Information.
To send you service and support notifications, updates and security alerts Legitimate Interest User ID Information.
To answer information requested by you Legitimate Interest User ID Information.
To prevent and detect fraud, to improve the security of our services Legitimate Interest Log Data and Device Information, Your Activity.
To keep a log of actions and pages visited on our website Compliance with law Log Data and Device Information, User ID Information.
To leave our cookies Consent For further information, please read Article 12 “How do we use cookies?” below.

7.4 Privacy for End-Users of a Customer's App using ShuttleSDK

PURPOSES LEGAL BASIS (CATEGORIES OF) PERSONAL INFORMATION CONCERNED
To get insights from the Apps Consent Shuttle SDK Information.

8. How long do We retain your Personal Information for?

We retain your Personal Information for as long as is necessary for the purpose for which we obtained them, notably as long as you continue to use our Services and for a 3 (three) years period after the last use of such Services or last contact with you.

At the end of the hereabove mentioned period, We will be able to contact you to find out whether you wish to continue using our Services. In the absence of a positive and explicit response from You, your Personal Data will be deleted or archived in accordance with the provisions in force, and those provided by the French Commercial Code, the French Civil Code and the French Consumer Code.

We retain cookies data no more than 13 (thirteen) months after their storage on your device.

We retain log of actions and pages visited on our Platform for a 12 (twelve) months period in accordance with French law.

9. What kinds of profiling or automated-decisions processes do you use?

Actually, We do not use profiling or automated decision-making processes.

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

10. Who are recipients of my Personal Information?

Recipients of your Personal Information will be:

  • Our teams: in particular our IT services, our Customer services, our Marketing services.
  • Your company (our Customer): who creates you an Account and/or who invites you to contribute on one of its Organisation.
  • Our IT providers:
Who ? Why ?
Google Inc. (Google Cloud) To host our data
Google Inc. (Google Analytics) To do web analytics
Github pages To host https://www.shuttle.tools
The Rocket Science Group, LLC To send email marketing
Typeform, SL. To build forms and surveys
Mailgun Technologies, Inc. To send email
Pipedrive EU To manage our customer relationship
Stripe Payments Europe, Ltd. To manage payment service and information (https://www.stripe.com)

We may also need to forward your information to local authorities due to a legal obligation or at the request of an administrative authority empowered to make this type of request.

11. Do we transfer your Personal Information outside the European Union?

Your Personal Information are hosted worldwide, namely some of our servers are located within the European Union and for others are located outside the European Union.

Please note that your company (our Customer) may decide geographically where its Contents will be stored.

We only decide to transfer some of your Personal Information where our recipients (for instance our IT providers) have provided adequate safeguards in accordance with GDPR.

Such adequate safeguards may be notably provided for by:

  • Adequacy decision of the European Commission;
  • Standard data protection clauses adopted or approved by the European Commission;
  • Compliance with an approved code of conduct;
  • Certification under an approved certification mechanism as provided for in the GDPR;

Contractual clauses agreed authorized by the competent supervisory.

Recipient concerned Adequate Safeguards
(Type of adequate safeguards + means to obtain them)
Third countries concerned
Google Inc United States: Adequacy decision of the European Commission (Privacy Shield framework)
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI

Other countries: EU Contract Clauses
https://cloud.google.com/terms/eu-model-contract-clause?hl=fr
United States, other countries.
The Rocket Science Group, LLC Adequacy decision of the European Commission (Privacy Shield framework)
https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active
United States
Mailgun Technologies, Inc Adequacy decision of the European Commission (Privacy Shield framework)
https://www.privacyshield.gov/participant?id=a2zt0000000PCbmAAG&status=Active
United States
Pipedrive Adequacy decision of the European Commission (Privacy Shield framework)
https://www.privacyshield.gov/participant?id=a2zt0000000TSfxAAG&status=Active
United States
Stripe Payments Europe, Ltd. Adequacy decision of the European Commission (Privacy Shield framework). https://stripe.com/privacy-shield-policy
EU Standard Contractual Clauses with data recipient outside the European Economic Area https://stripe.com/gb/privacy#international-data-transfers
United State
+
Countries outside the European Economic Area

12. How do we use cookies?

A cookie is a small text file that is downloaded onto your terminal equipment when you access our Platform.

We use cookies for different purposes:

Technical Cookies: These are cookies that are necessary for the performance of our Services (i.e. to store some information such as your language preferences, to remember you, to secure your browsing on our Platform, etc.).

Analytics Cookies: These are cookies that are used for collecting information about how you use our Services and visit our Platform (i.e. duration of your navigation on our Platform, pages visited, link clicked, referrer page, etc.).

Targeting or advertising cookies: These are cookies that are used to personalize our content or ads based on your interests and preferences.

Type of cookie Editor Cookie name Description / Purpose Duration More information
Technical Cookies Shuttle.tools Cookie Consent Stores the user's cookie consent state for the current domain 13 months
Analytics Cookies Google Analytics. _gid Registers a unique ID that is used to generate statistical data on how the visitor uses the website. 1 day Get more information on Google Analytics cookies
_gat Used by Google Analytics to throttle request rate 1 day
_ga Registers a unique ID that is used to generate statistical data on how the visitor uses the website. 14 months
Targeting or advertising cookies doubleclick.net r/collect This cookie is used to send data to Google Analytics about the visitor's device and behavior. It tracks the visitor across devices and marketing channels. Session

13. How can you control cookies?

You can change your choice and withdraw your consent at any time by expressing your preferences on our Cookie Preference Manager here: https://www.shuttle.tools/#cookie.

14. What are your rights?

You have several rights to your Personal Information under GDPR.

Right of access: You have the right to access your Personal Information by making a request in writing to Us. It means you have the right to obtain a copy of your Personal Information.

Right to rectification: You have the right to rectify or to complete your Personal Information if it is inaccurate or incomplete.

Right to erasure: You have the right to request the erasure of your Personal Information. Please note that this right is not absolute and only applies in certain circumstances (for instance only if the Personal Information is no longer necessary for the purpose which we originally collected or processed for it, etc.).

Right to restrict processing: You have the right to request the restriction of your Personal Information where you have a particular reason for wanting the restriction.

Right to data portability: You have the right to ask the portability of your Personal Information. It means you have the right to receive Personal Information you have provided to Us, in a structured, commonly used and machine readable format.

Right to object: You have the right to object to the processing of your Personal Information. This allows you to ask us to stop processing your Personal Information.

Right related to automated decision making including profile: You have the right not to be subject to a decision based solely on automated means, if the decision produces legal effects concerning you or significantly affects you in a similar way.

Right to lodge a complaint: You have the right to lodge a complaint before the data protection supervisory authority: Commission Nationale de l'Informatique et des Libertés - CNIL 8 rue Vivienne, CS 30223 F-75002 Paris, Cedex 02 Tel. +33 1 53 73 22 22 Fax +33 1 53 73 22 00 Website: http://www.cnil.fr/.

15. How to exercise your rights?

To exercise your rights, please contact Us by using the contact information at the beginning of this Privacy Policy.

We will do our best to answer you within a month.

Sometimes we will not be able to accept your request because your Data Protection Rights may only apply in certain circumstances or depends of the legal basis of processing: we will then inform you.

We may need to ask you for a proof of identity to be certain that it is you.

Please note that we will only be able to answer to requests related to H2G Lab's processing of personal data. For more information, please read Article 2 “When this Privacy Policy does not apply?” above.

Example: if a Customer created you an Account, we cannot delete your Account or answer to a data portability request related to Information you have created or uploaded into an Organisation. Indeed, the Customer is solely responsible to answer to your request related to such processing of personal data.

However, if you contact us by mistake, we will forward your request to the Customer.

Joint Data Controller Agreement

Effective date: 21/01/2019

This Joint Data Sharing Agreement is made between H2G Lab and the Customer.

1. Definitions

All the terms defined hereinafter beginning with a capital letter, whether used in the singular or plural, are used with the meaning given in H2G Lab's Terms of Service.

2. Background

To be provided to our customers, Our Shuttle Service requires the processing of some Users Personal Information. As Shuttle SaaS supplier, H2G Lab is the only one able to determine the purposes and means of the processing of Personal Information essential to run the Platform and the Service.

Therefore, H2G Lab is the sole data controller of its own processing, which are listed and described in its Privacy Policy.

By subscribing to our Services, the Customer will notably be able to create Accounts for individuals of their choice, to manage their own Users, Organisations and Contents. The Customer will then act as a data controller. Indeed, the Customer will solely determine the purposes of their own processing of Personal Information (the reasons for why the Customer uses our Services).

A part of the means of their processing of Personal Information will also be determined by the Customer, notably (i) by their settings on the Shuttle Dashboard (ii) or by their actions on the Platform (iii) or by their specific and written instructions given to H2G Lab. However, some means of this processing of Personal Information won't be determined by the Customer but by H2G Lab, who provides the same means for all its Shuttle SaaS customers.

In view of the foregoing, H2G Lab cannot be qualified as data processor of the Customer processing but must be qualified as joint processor.

In these circumstances, and in accordance with Article 26 of the GDPR, it is necessary to determine the respective obligations of each in order to ensure full protection of the rights available to Users on their Personal Information.

It should be remembered that, according to the European Court of Justice: “the existence of joint responsibility does not necessarily imply equal responsibility of the various operators involved in the processing of personal data. On the contrary, those operators may be involved at different stages of that processing of personal data and to different degrees, so that the level of responsibility of each of them must be assessed with regard to all the relevant circumstances of the particular case.” (ECJ, June 5, 2018, C-210/16 case “Facebook”).

The Article 29 Working Party (former European Data Protection Supervisor) also considers that “the participation of parties in the determination of purposes and means of processing in the context of joint control may take different forms and does not need to be equally shared” and that in the case of plurality of actors, “they may have a very close relationship (sharing, for example, all purposes and means of processing) or a more loose relationship (for example, sharing only purposes or means, or a part thereof)” (Opinion 1/2010 of the Article 29 working party of 16 February 2010 on the concept of ‘controller' and ‘processor').

This is the purpose of the present Joint Data Controller Agreement.

3. Scope

3.1 H2G Lab's processing of Personal Information

H2G Lab is solely responsible for the processing of Personal Information described in its Privacy Policy:

H2G Lab's processing of Personal Information

3.2 Customer's processing of Personal Information

H2G Lab and the Customer are jointly responsible (joint data controllers) on the Customer's processing of Personal Information. Their responsibilities are shared as described below:

Customer's processing of Personal Information

4. Shared obligations

Each Party undertakes to respect its obligations as data controller, in accordance with the provisions of European Regulation 2016/679, known as the "General Data Protection Regulation" (GDPR) of April 27, 2016.

In particular, it is the responsibility of each Party to determine on its own whether its activities require the appointment of a Data Protection Officer (DPO) and whether its processing require a Data Protection Impact Assessment.

H2G Lab may assist the Customer in providing any documentation relating to the technical means implemented on Shuttle, provided that such assistance does not force to disclose any H2G Lab trade secret.

H2G Lab shall use any data processor of its choice, provided that such data processors provides sufficient guarantees in accordance with article 28 GDPR.

5. H2G Lab specific obligations

H2G Lab undertakes not to process Customer’s Users Personal Information for direct marketing campaign.

At the end of the Agreement term, whatever the cause, H2G Lab undertakes to delete all the Customer’s Users Personal Information, provided that H2G Lab has not a specific reason to keep them longer (namely only for compliance with a legal obligation, necessary to prove a right or to prove the performance of its contractual obligation).

H2G Lab undertakes to implement the following security measures:

  • Prevention of unauthorized persons from gaining access to data processing systems in which Personal Data are Processed.
  • Authentication via passwords and logging of access on several levels.

6. Customer specific obligations

The Customer remains free to determine the purposes of their processing of Personal Information when using H2G Lab Service and Platform.

However, the Customer undertakes to use the H2G Lab Services only for purposes which are compatible with the purpose of Shuttle Platform, namely to facilitate apps management and deployment.

In particular, the Customer undertakes not to process special categories of personal data, namely sensitive data within the meaning of Article 9 GDPR or personal data relating to criminal convictions and offences within the meaning of Article 10 GDPR.

The Customer acknowledges is awareness that H2G Lab is not certified as a health data hosting provider within the meaning of the French Public Health Code. Therefore, the Client undertakes that their processing of Personal Information does not concern “health data” understood as any data relating to the physical or mental health, past, present or future, of a natural person (including the provision of health care services) that reveal information about the health status of that person.

7. Information to be provided to data subject

Each Party undertakes to provide Users with transparent information that complies with the requirements of Articles 12 to 14 GDPR on the purposes and means of its processing.

H2G Lab provides Users with transparent information in its Privacy Policy, regarding H2G Lab’s processing of Personal Information (as identified in article 3.1 below). The Customer is solely responsible to provides their Users with transparent information and undertakes to do it for their own processing of Personal Information (as identified in article 3.2. below).

In accordance with Article 26 § 2 GDPR, the essence of the present Joint Data Controller Agreement is made available to Users in H2G Lab Privacy Policy.

8. Rights of data subject

Each Party undertakes to allow Users to exercise their rights on their Personal Information (right of access, right to rectification, right to erasure, right to restrict processing, right to data portability, right to object, right related to automated decision including profiling, right to lodge a complaint).

The Customer is designated as contact point for their Users to answer to their requests for the exercise of their rights. In its Privacy Policy, H2G Lab informs Users that the Customer has been designated as contact point.

Nevertheless, if a Customer’s User contact H2G Lab by mistake, H2G Lab will transfer the User request to the Customer (except if this request only concerns User Personal Information who H2G Lab processes solely).

H2G Lab undertakes to transfer this request to the Customer as soon as possible and to inform the User of the transfer of this request.

The Customer agrees to answer to the User request within one month after the request, in accordance with Article 12 of the GDPR.

H2G Lab will assist technically the Customer to fulfill its obligation to answer to requests for the exercise of the rights of the Users: right of access, rectification, cancellation and opposition, right to limitation of treatment, right the portability of data, the right not to be the subject of an individual automated decision (including profiling).

9. International transfers

Each Party may freely transfer personal data outside the European Union or the European Economic Area, provided it has previously made sure that appropriate safeguards are in place to ensure the transfer, in accordance with articles 44 to 49 GDPR.

10. Personal data breach

H2G Lab is responsible of the security and the confidentiality of data (including Personal Information) hosted by it or by its subprocessor.

The Customer is responsible of the confidentiality of ID Account (username and password) used by them or by any of their affiliates, subsidiaries, contractors, officers, agents and employees.

In the case of a data breach, the Party who becomes aware of it undertakes to notify the other Party within a maximum of 24 hours by email (H2G Lab : contact@shuttle.tools / Customer email).

By data breach, the Parties means any breach of the confidentiality, the integrity or the availability of Personal Information.

The notification shall at least:

  • describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
  • communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;
  • describe the likely consequences of the personal data breach;
  • describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay.

When the data breach concerns Shuttle Users (including Customer’s Users), H2G Lab will notify:

  • the French data protection authority (CNIL) of the personal data breaches without undue delay and, where feasible, not later than seventy two (72) hours after having become aware of them, unless the breach in question is unlikely to result in a risk to the rights and freedoms of natural persons.
  • the data subject without undue delay where said breach is likely to result in a high risk to the rights and freedoms of natural persons.

When the data breach concerns other data subjects than Shuttle Users (including Customer’s Users), the Customer will notify (only if GDPR is applicable):

  • the competent data protection authority of the personal data breaches without undue delay and, where feasible, not later than 72 hours after having become aware of them, unless the breach in question is unlikely to result in a risk to the rights and freedoms of natural persons.
  • the data subject without undue delay where said breach is likely to result in a high risk to the rights and freedoms of natural persons.

Shuttle Community Edition License

License for the Open Source distribution of Shuttle is GNU Affero General Public License version 3 (https://www.gnu.org/licenses/agpl-3.0.en.html)