Legal notice and terms of use

Only the French version of these Terms is legally binding. This English translation is provided for convenience. In the event of any discrepancy or dispute, the French text prevails.

 

General Terms of Use, Purchase and Sale

These general terms of use were written to reassure you: since the whole point of our site is to promote good conduct, we would look rather foolish if we failed to follow our own precepts! We have therefore summarised and simplified the main concepts so that everyone can understand them, great humanitarians that we are.

That said, we do not claim to be infallible, so do not hesitate to send us a quick email to rap us on the knuckles (gently) if anything is unclear or needs clarifying, before taking legal action! The content will also be updated regularly, so we invite you to come back and re-read these fascinating and not at all boring pages as often as possible.

This legal document was drafted in French; consequently, in the event of any legal doubt, the French version shall prevail.

 

What is Rate A Company? (Legal notice)

The online listing and rating site is operated by Rate A Company, a French simplified joint-stock company (SAS) with share capital of 45,000 euros, registered with the Lyon Trade and Companies Register under number 808 980 569, with its registered office at 66 rue Cuvier, 69006 Lyon, France – contact@rateacompany.com – intra-community VAT number FR 70 808980569.

The Rate A Company site allows private and professional users to rate their experience with a company or entity, in particular against criteria specific to Corporate Social Responsibility. Rate A Company believes that dynamism and economic growth can go hand in hand with protecting the environment and the wellbeing of economic players, whatever their position and contribution to an economic chain that has become global.

Rate A Company also enables companies to be audited on the basis of a registered framework owned by Rate A Company. This framework draws on the criteria of ISO 26000, ISO 20400 and the United Nations Sustainable Development Goals. Rate A Company also offers training to professionals who wish to discover or implement a CSR strategy within their company. Rate A Company allows entities to communicate about their needs and offers by acquiring one or more communication spaces, sold as a service managed by Rate A Company, the terms of sale of which are detailed in the chapter of the same name. The communication space may be used to publish announcements, special offers, job offers, calls for tender or various press releases. Posted content must comply with the general law applicable to the media. Rate A Company carries out a partial check before authorising the publications mentioned above, but Rate A Company cannot be held legally responsible for the content posted.

The website, the published content (excluding communication spaces that have been sold), as well as the texts and questions, belong to Rate A Company and may not be reproduced or used.

Private and professional users are referred to as “users”, and professionals who purchase an audit or training, or rent communication spaces on the Rate A Company site, are referred to as “customers”.

In accordance with personal data protection legislation, information may be deleted at any time at the user’s request.

Version updated on 28 November 2022

 

1 - Definitions of the terms used in these Terms of Use and Sale

 

• Rate A Company or RAC: refers to the online platform and all the services set up by the company Rate A Company.
• User: refers to the internet user who enters the site or visits the pages of Rate A Company. It also refers to the internet user registered on the Rate A Company site, or a User who was contacted during the audit of an organisation by Rate A Company and who accepted or specified their GDPR conditions relating to the online publication of their review.
• Professional user: an individual, whether or not registered under a simple user profile, who acts in a professional capacity representing a company, in particular when purchasing services or entering into partnerships with Rate A Company.
• Comment: refers to the written experience of users or professional users published on the Rate A Company site.
• Reply: refers to a user’s reply posted following a published comment.
• Database: refers to all the information held on companies or entities, images and texts, whether extracted from official data or added by a user or a professional user.
• Company profile or page: the company profile or page refers to all the information held on a particular company or entity, including images and texts, comments and replies, across all profiles.
• Search results page: pages described as search results pages are the lists of companies displayed on the rateacompany.com site when the user enters or selects one or more keywords in the search fields provided for that purpose.
• Customer: refers to a professional who has purchased a service from Rate A Company: CSR audit, labelling, training or rental of communication space.
• Communication space: refers to the image areas identified as such on the Rate A Company pages.
• CSR audit: refers to Rate A Company’s unique framework based on the CSR criteria described above. The audit is carried out with all of a company’s stakeholders. Where it is conducted under the supervision of Rate A Company, in accordance with its methodology and the related rules of use, this audit leads to labelling and to the award and use of the Rate A Company CSR Label – Score Awarded by Stakeholders.
• CSR Label: refers to Rate A Company’s official CSR Label, validated in accordance with the legislation in force, Directive 2015-716 of 16 December 2015 and Ordinance 2019-1316 of 13 November 2019. The rules of use of the CSR Label – Score Awarded by Stakeholders can be consulted in BOPI 22/29 - VOL. I of 22/07/2022 under number 4880444.
• Illegal or offensive content: refers to messages and images that are illegal, contrary to public decency or not authorised under legislative, regulatory or contractual provisions. This includes, in particular, images or messages of a sexual or offensive nature or that would directly harm a third party.
• Quality commitment: refers to the writing instructions given to users in the About section or in the Terms of Use, and to the actions of moderators with regard to published comments, in order to maintain relevant and professional content quality.
• The values of Rate A Company: contributing to economic growth by providing a tool for transparency and information to the various players in the chain. Informing users free of charge about the principles of sustainable development. Encouraging and empowering companies or entities to implement the principles of Corporate Social Responsibility.
• Username: the user name chosen by the user, professional or otherwise, to identify themselves on the site and access their protected profile in the members’ area.
• Password: confidential information that the User must keep secret and which, used together with their Username, allows them to prove their identity and access their protected profile in the members’ area of Rate A Company.

 

2 - Purpose of these Terms of Use and Sale

These Rate A Company General Terms of Use set out the conditions under which users are authorised to use the site, and Rate A Company’s commitments to protect, as far as possible, the rights of Users and Customers, as well as those of the companies or entities listed, in order to prevent fake reviews.

By using this site, you acknowledge that you have read and understood the terms of use. You acknowledge that you are bound by these terms. If you do not accept the terms, you may not access the members’ area or use the site. If you use this site on behalf of a legal entity or natural person, you warrant that you have the right to bind that legal entity or natural person.

3 - Duties and obligations of each party

3.1 – Simple use

3.1.1 – For Rate A Company

A - Respect for private information: Rate A Company undertakes to protect your personal data and not to pass it on to any third party except in the cases described in its Privacy Policy. The collection and processing of personal data carried out on this site comply with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and with French Law No. 78-17 of 6 January 1978, as amended, known as the “Informatique et Libertés” law. The purposes, legal bases, retention periods, recipients and rights of individuals are detailed in the Privacy Policy, accessible from every page of the site. Although every means of protection is regularly put in place to ensure maximum security, Rate A Company shall not be held liable in the event of theft of this data and any subsequent misuse. The User may at any time request the deletion of their personal data by contacting Rate A Company or by deleting their account directly.

B - Ownership of information: Rate A Company owns the reviews submitted and all text or image data hosted on its site, apart from the elements uploaded to the communication spaces and registered visual trademarks. In accordance with the law, Rate A Company grants a right of rectification over personal data.

C - Rate A Company grants you the right to share and print the information contained on its website, provided this is done in a private, personal, non-commercial context and within the limits of reasonable use. All graphic elements such as illustrations, icons, colours or the Rate A Company logo belong to Rate A Company and may not be reproduced or copied, on pain of criminal prosecution. For any other use, a written request must be sent by registered post to the address of the registered office, and written authorisation must be awaited. The absence of a reply does not confer any right, and the reply must be deemed to be negative.

D - Rate A Company undertakes to implement tools to ensure that published comments do not break the law, particularly with regard to insults, sexist or racist remarks or incitement to violence. Through the dialogue boxes made available to internet users, Rate A Company undertakes to analyse every contentious situation brought to its attention.

E - Every comment will be published as recorded by the internet user, partially blurred if it contains certain terms contrary to the use of the platform (proper names, etc.), or deleted if it fails to meet the quality commitment required by Rate A Company. Under no circumstances will a comment be modified, and the Rate A Company site shall in no way influence, directly or indirectly, users’ ratings and comments.

 

3.1.2 – For the User

A - The User undertakes to use the site, whether browsing or participating, in compliance with Rate A Company’s criteria of use, and not to publish illegal or offensive content, within the framework of the applicable law and in accordance with the provisions of Rate A Company’s terms of use.

B - The User undertakes to use the site and to publish information, comments, ratings and replies in keeping with moral values and without receiving any financial or other consideration. The User undertakes to use the site and to publish information, comments, ratings and replies based on a personally lived experience and without any intention of causing direct harm.

C - The User undertakes to be as accurate and honest as possible when publishing information, comments, ratings and replies.

D - When registering, the User undertakes to provide their personal data honestly, without fraud or identity theft. The User certifies that they are over 16 years of age at the time of registration on the Rate A Company site. The User undertakes not to choose a username with illegal or offensive content, or a name identifiable with a registered trademark or a recognisable entity.

E - The User undertakes to create only one account, administered by themselves and under their responsibility, and not to create an account on behalf of a third party. Any breach of this rule may result in the immediate deletion of the account and all associated items.

F - The User who registers undertakes to provide accurate information regarding their identity, email address and other data required to access the Rate A Company platform, and to update any changes to this information. The User is responsible for the effective receipt of emails sent to them by Rate A Company, in particular by configuring their email service so that emails sent from an <@rateacompany.com> address are correctly delivered to their inbox.

G - Any unauthorised reproduction of Rate A Company’s trademarks, logos and distinctive signs constitutes an infringement punishable by criminal sanctions. The offender is liable to civil and criminal penalties, and in particular to the penalties provided for in Articles L. 335-2 and L. 343-1 of the French Intellectual Property Code.

 

3.2 – Professional use

3.2.1 – For Rate A Company

A - The Professional User, as a user, is subject to the same conditions as the simple user, as described above. They have read the provisions, rights and duties applicable and defined in paragraphs 3 and 4, which respectively set out Rate A Company’s obligations and duties in the context of simple use, the limitation of liability and exclusion of warranties of Rate A Company, and the duties and obligations of the user.

B - Rate A Company undertakes to provide a Communication space that meets the expectations of Professional Users and to carry out site maintenance as promptly as possible. However, Rate A Company cannot be held liable for malfunctions that are beyond its authority and competence.

C - Rate A Company undertakes to put in place clear and detailed terms of sale.

D - In accordance with the law, Rate A Company undertakes to use all necessary means to check that the images, texts, or texts and images published in the communication space do not contain illegal or offensive content.

 

3.2.2 – For the Professional User

A - The Professional User undertakes to give ratings, upload images, and write comments and replies in a disinterested and honest manner, as faithfully as possible to the experience they have had, in keeping with the values of Rate A Company.

B - When renting communication space, the Professional User undertakes to serve the economic development and long-term viability of the company or entity for which they work, or of the company or entity they represent. They are informed that any breach of this duty may give rise to legal proceedings. Rate A Company cannot be held liable for any breach of this principle.

 

4 - Limitation of liability and exclusion of warranties

A - By the very nature of its activity, Rate A Company cannot be held liable for internet users’ comments or for the economic consequences arising from them. In the event of a dispute, Rate A Company will decide on the fate of the disputed comment on the basis of the explanations provided by both parties and in accordance with the principles of good morals. Both parties therefore undertake to provide the necessary conclusive evidence within the time allowed, or to waive their rights of recourse against Rate A Company.

B - Rate A Company cannot be held liable for the relevance or accuracy of the comments or replies published on the site.

C - Rate A Company cannot be prosecuted for the malicious use of its site, or of the information contained on its site, by a third party.

D - Given the participatory nature of the site, the verification means put in place and the means made available to correct and complete information, Rate A Company cannot be held liable for the accuracy and automatic updating of the information contained in the database, or for links to the websites of companies or entities recorded on the company profile.

 

5 - Hyperlinks

Rateacompany.com offers hyperlinks to websites published and/or managed by third parties. Insofar as no control is exercised over these external resources, the simple User and the Professional User acknowledge that Rate A Company assumes no responsibility for the provision of these resources and cannot be held liable for their content.

 

General Terms of Purchase and Sale

A - Every order must be recorded in a contract signed between the ordering party, referred to as the “Customer”, and Rate A Company. This contract is subject to the general terms of sale set out below and to the terms stated in the related contract. The Customer declares that they accept them without reservation. Invoices are to be paid by bank transfer in accordance with the payment terms provided for in the contract signed by both parties. In accordance with Article L. 441-10 of the French Commercial Code, failure to pay within the stated period will give rise to late-payment interest calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 10 percentage points, invoiced separately and exempt from VAT. Under Article D. 441-5, the amount of the fixed compensation for recovery costs provided for in the twelfth paragraph of Article L. 441-6 I is set at 40 euros.

B - These General Terms of Sale are available online at any time to any User, Professional User or Customer who requests them, so as to enable them to place an order.

 

6 - THE CSR AUDIT - CORPORATE SOCIAL RESPONSIBILITY

The Rate A Company CSR audit comes in 3 offers: the Freemium version (free of charge), the semi-autonomous version and the Committed CSR Approach + version.

6.1. The Freemium audit offer

A - When the Rate A Company framework is used in its Freemium form, Rate A Company and the simple or professional User behind the initiative are subject to these Terms of Use.

B - The simple or professional User undertakes to use the Freemium offer sincerely and without defect, in keeping with the values stated and upheld by Rate A Company.

C - Rate A Company shall not be responsible for the quality of the results, comments and replies posted on the platform in connection with the audited company. Rate A Company shall in no way guarantee the sincerity of the statements or profiles recorded on the platform, or of the company that has undergone the CSR audit by its stakeholders in the Freemium version.

D - A company audited through this formula may under no circumstances claim to have obtained the CSR Label – Score Awarded by Stakeholders, in any form whatsoever, on pain of prosecution.

6.2 CSR audits, semi-autonomous offer and Committed CSR Approach +

A - Rate A Company’s paid audits are subject to these general terms of use, purchase and sale, and must be the subject of a written contract between a legal representative of the audited company and a representative of Rate A Company.

B - The Customer undertakes to act in good faith, honestly and rigorously when carrying out this CSR audit by Stakeholders.

C - Should Rate A Company be forced to cancel a service offer for reasons of force majeure, Rate A Company undertakes to organise a new session as soon as possible.

 

7 - The CSR LABEL – Score Awarded by Stakeholders

A - The CSR Label – Score Awarded by Stakeholders by Rate A Company may only be awarded following an audit that has taken the form of a contract signed between the customer and a legal representative of Rate A Company.

B - In accordance with the regulations, the label is subject to its own rules of use, which supplement these terms of use, purchase and sale, as well as the private-law contract governing the terms of the agreement between the Customer and Rate A Company.

C - Rate A Company undertakes to provide all the elements relating to labelling, and will identify audited companies to simple and professional Users by means of a small pink badge in the top-left corner of the formally audited company’s page on rateacompany.com.

 

8 - CSR and sustainable development training

A - The Customer undertakes to place the order and to complete the information form used to determine the skill level and expectations relating to the chosen training course, at least 1 MONTH before the scheduled training date.

B - Should Rate A Company be forced to cancel a service offer for reasons of force majeure, Rate A Company undertakes to organise a new session as soon as possible.

C - The materials provided at the end of the training remain the property of Rate A Company and may not be reproduced or transferred. They must not be used outside strictly private use.

D - Training courses can be adapted, in terms of duration and materials, to all forms of disability (visual, hearing, mental, cognitive or other), provided Rate A Company is notified at least 1 month before the scheduled training date.

E - Training takes place on the Customer’s premises or in rooms rented and equipped for the occasion. In the event of a particular physical disability, please let us know sufficiently far in advance so that we can arrange a fully suitable room.

F - Should the training fees not be paid by the body responsible for the administrative and financial management of the training, or by the external paying body, the Customer shall remain liable to pay the amount to Rate A Company.

G - All training fees are due upon signature of the contract between the two parties.

8.1 Training cancellation fees

A - All training cancellations or postponements must be made in writing, by registered letter or by email with proof of receipt.

B - If the Customer cancels the order and the cancellation is received at least 21 calendar days before the first day of training, the amount paid to Rate A Company will be refunded in full, but a preparation fee may be applied depending on the time spent and the Customer’s request.

C - If the Customer cancels the order and the cancellation is received between 20 and 10 calendar days before the first day of training, the full preparation fees will be due, together with 50% of the training fees (delivery, travel, etc.).

D - If the Customer cancels the order less than 10 calendar days before the first day of training, 100% of the amounts will remain due by the Customer to Rate A Company.

E - Travel, accommodation and meal expenses will be invoiced to the Customer in addition.

F - If a trainee drops out part-way through the training, or is absent without justification on the day of the training, neither the trainee nor the Customer may claim a refund. Rate A Company reserves the right to offer an alternative solution to make up for the time lost due to this absence, or for the training itself, depending on its availability.

G - The trainee is required to comply with the internal rules, which will be sent to them before the training.

 

9 - Rental of communication space

A - Rate A Company provides one or more communication spaces identified as such on the Rate A Company site, at a cost and for a duration determined upon signature of the contract. The rental of communication spaces is subject to a private-law contract between the customer and Rate A Company.

B - The rental of communication space on the rateacompany.com platform must comply with these terms of use, purchase and sale.

 

10 - Brand image

Unless otherwise stated in writing, the Customer authorises Rate A Company to cite it and to use its visual identity in Rate A Company’s communication and marketing materials. The Customer authorises Rate A Company to cite it as a reference at events or in commercial operations.

 

11 - Force majeure

Rate A Company cannot be held liable in the event of force majeure or events beyond its control.

 

12 - Disputes and conflicts

In the event of a dispute or conflict, both parties undertake to seek an amicable solution to any disagreement that may arise from the performance of the services or from any other conflict situation. If no amicable agreement can be reached, mediation will then be preferred. If the two parties do not reach an amicable solution, or if mediation fails, the parties will submit the dispute or conflict to the courts of Lyon, France, which will then have sole jurisdiction.

 

13 - Changes to these terms of use, purchase and sale

Rate A Company reserves the right to change the terms, conditions and notices of this agreement at any time. Users and Customers are therefore advised to regularly consult the latest version of the Terms of Use, available on the website www.rateacompany.com.