The use of Planner 3D (hereinafter referred to as ‘the Solution’), accessible on the Partner Websites is subject to observance of these general terms and conditions of use (hereinafter the ‘T&Cs’).
The purpose of these T&Cs is to specify the terms under which the User may use the KazaPlan Solution across all the Partner Websites.
To use the Solution, you must read these T&Cs carefully and accept them beforehand without any restrictions or reservations and undertake to comply with them. These T&Cs may be subject to amendments at any time, due to technical constraints or upgrades in particular, and these will take effect when they are published online.
These T&Cs take effect on the date they are published online on the Partner Website and are enforceable on the date of the Solution’s first use for the duration of its use.
The Solution must be used by Users exclusively within this framework and in accordance with the T&Cs, and exclusively for personal and private use. It is provided by the Partner Websites free of charge and exclusively for personal use. Any use not expressly authorised by these Terms and Conditions of Use is prohibited and makes its perpetrator liable for prosecution.
These definitions are to be interpreted identically in the singular and the plural.
Refers to this document which forms a contract between the User, Partner and the company IDILINK. The T&Cs must be accepted by the User before they can save their Plan(s) on a Partner Website.
Refers to an account created by the User on a Partner Website. It is separate from the KazaPlan Personal Account.
KazaPlan Personal Account:
Refers to the KazaPlan account created by a User when they first save their Plan(s) on a Partner Website. This registration requires that the User provide the KazaPlan Data as well as, if applicable, the Partner Data specific to each Partner Website. This KazaPlan Personal Account enables the User to access their Plans from all the Partner Websites, if applicable, on condition that the KazaPlan Personal Account has been linked to their Partner Account.
KazaPlan Personal Account e-mail and password, chosen by the User when creating a KazaPlan Personal Account, as well as Plans saved by the User. The Email and password enable the User to save their Plans and find them on any Partner Website.
Data other than KazaPlan Data, provided by the User when using the Solution and in particular when creating/logging in to a Partner Account and/or to a KazaPlan Personal Account.
The Partner Data is collected by each Partner, with IDILINK acting as a processor, and is not disclosed to any other Partner.
Refers to data that is collected and processed within the framework of the Solution, which is also legally subject to French data protection law.
General KazaPlan File:
File containing all the KazaPlan Data of all the Users collected by IDILINK when a KazaPlan Personal Account is created and for which IDILINK is solely responsible.
Partner KazaPlan File:
File for which a Partner is solely responsible containing KazaPlan Data (i) that it has collected from Users, through its IDLINK processor, when a KazaPlan Personal Account is created (ii) and/or that it has been sent by IDILINK when a User wants to have access, on this Partner’s Website, to the Plans that they have previously saved on another Partner’s Website.
File for which a Partner is solely responsible exclusively containing Partner Data, collected by the Partner, with IDILINK acting as the processor.
Refers to companies that have the rights to use the Solution in SaaS mode and which provide it to Users on their own Website, after they have accepted these T&Cs. The number of Partners may change.
Refers to a Partner’s website(s), or its web application available on desktop, tablet or mobile, from which a User may have access to the Solution through their KazaPlan Personal Account, either directly or indirectly when this KazaPlan Personal Account has been linked to a Partner Account.
Refers to the KazaPlan 3D scalable Planner, accessible on the Partner Websites in SaaS mode, that is the subject of these T&Cs. IDILINK, a public limited company with headquarters at Rue Sadi Carnot, 59790 in Ronchin, registered on the Lille Trade and Companies Register under number 509 633 715, is the sole owner of the Solution’s operating rights and has granted operating licences to the Partners.
Refers to the physical web user who logs into a Partner Website and has accepted these T&Cs before saving their Plan(s). The User must act solely on their own behalf.
Provision of the Solution is currently under experimentation and will be constantly changing. As a result, the User acknowledges and accepts that the Solution may be upgraded during its use.
Furthermore, it is possible that the Solution may no longer be available on one, several or all the Partner Websites, and the User cannot make any claims against any Partner or claim any compensation.
Presentation of the Solution/Features
The Solution is both architecture software and layout and interior design software that enables the User to create their own virtual house and in particular to:
design and draw a 2D plan of their interior, with the possibility of placing and moving walls and partitions, and adding floors, doors and windows,
model their 3D interior, adding the furnishings from the range of furniture and accessories available in each Partner’s library,
have a broad range of paint and coatings, to redo the décor from floor to ceiling in their virtual home,
store their Plans online free of charge (and not on the User’s computer or other device),
access their own Plans from any computer and Partner Website when the Personal Account has been linked to a Partner Website’s Partner Account,
as an option, and with the use of fee-paying credits or those provided partly by the Partner, to produce HD and 360 renderings
As a partner option, draw up a furniture project or house estimate; as well as add items to a Partner’s e-commerce website basket.
The Solution does not require any downloading prior to use. It is accessible via the internet with the recently updated search engines Chrome and Firefox.
In any case, no Partner is liable for the unsuitability of the Solution for the User’s equipment, which is their own concern.
The Solution is available from any location, as long as the basic technical conditions are met, in particular in terms of equipment, mobile telephone network access, internet access and the technical compatibility of the equipment used.
Under no circumstances will the Partners be liable for the inaccessibility of the Solution for technical reasons or any others.
Procedure and conditions of registration to use the Solution
6.1. Using the Solution
Any web user may freely create Plans on the Partner Websites free of charge.
This use does not require any registration. But it does not enable the User to save the Plans or have access to them from a Partner Website.
To be able to save Plans, they must first create a KazaPlan Personal Account. The User can then save the Plans(s) that they have created online using the Solution. Once their Plan(s) have been saved, the User may add to them, amend them or use any other feature offered by the Solution at any time by logging into the Partner’s Website via their KazaPlan Personal Account.
The User can also find their Plan(s) on all the other Partner Websites
after having linked their KazaPlan Personal Account to their Partner Account
on each Partner Website, if applicable, as stipulated in Article 6.3.
To use the Solution, the User must be aged over 18 years. An adult user can user the Solution for minor(s) over whom they have parental authority, which they expressly declare.
The Solution is also available on the website www.kozikaza.com. To ensure that the Solution works properly in a network (data circulation), with respect to the Users, this website is assimilated with the Partner Websites and the company IDILINK with a Partner.
6.2. Conditions for the first time Plans are saved on a Partner Website
To save the Plans created with the Solution online, the User must (i) create their KazaPlan Personal Account (ii) after having created a Partner Account, if applicable.
- To create their Partner Account, the User must accurately fill in the form provided (Partner Data). The User undertakes to keep their information up to date.
- To create their KazaPlan Personal Account, the web user must enter their e-mail address and a password (KazaPlan Data), as well as any other information determined by each Partner (Partner Data). To facilitate the creation of a KazaPlan Account, the Partner may pass on the User’s e-mail address to the Company so that the former does not need to type it in. The User hereby authorises the Partner to pass on their e-mail address to the Company, to add it to the General KazaPlan File. Similarly, to facilitate access to the Solution, the same User’s KazaPlan Account and User Account may be linked by a token, so that the User does not need to systematically enter their KazaPlan Account credentials to access the Solution.
The User is informed that the password is personal and confidential. They undertake not to disclose it to third parties and to take all the necessary precautions to avoid third parties having access to it. The User is responsible for protecting their personal credentials to log in to their KazaPlan Personal account and access the Solution, as well as the activities and actions carried out from their KazaPlan Personal Account. In this respect, they must take all the precautions necessary for this protection. They are encouraged to use safe and complex passwords (‘strong’ passwords: passwords that use a combination of upper case and lower case letters, digits and symbols). The User undertakes to inform KazaPlan immediately in the event of the loss or theft of their password. Failing this, and unless proven otherwise, any login or data transmission made using the password will be deemed to have originated from the User and will be at their sole liability. To be acknowledged, complaints must be sent to KazaPlan via the contact form on www.kazaPlan.com.
After registering, the User may consult the Plans they have saved online free of charge. They may work on their own Plans (amend them, add to them or save them again, etc.) as long as they have logged in from their KazaPlan Personal Account on the same Partner Website.
6.3. Conditions for consulting and amending Plans on other Partner Websites
After having saved their Plans on a first Partner Website, the Solution enables Users to have access to one or more other Partner Websites, in order to consult them, add to them, amend them and save any changes.
To be able to access their Plans on one or more other Partner Websites, the User must, depending on the case:
Either visit a Partner Website to initially create a Partner Account. For this, they must fill in a form (Partner Data). Once this registration is complete, their KazaPlan Personal Account and their Partner Account are linked by providing their KazaPlan username and password. The User can then have access to the Plans saved on the other Partner Websites on this Partner Website.
Or visit a Partner Website to enter the credentials of their KazaPlan Personal account, if applicable, having provided other information (Partner Data). The User can then have access to the Plans saved on the other Partner Websites on this Partner Website.
The Plans amended on a Partner Website may be saved and are accessible from all the Partner Websites under the same conditions.
Users’ personal data
Within the framework of using the Solution, the User will provide certain information to the Partner and IDILINK that may be qualified as Personal Data.
As the KazaPlan Solution is an IDILINK tool which is intended to be available on multiple websites, its operation requires that IDILINK, which collects the KazaPlan Data and is solely responsible for processing the General KazaPlan File, be able to disclose it to Partners. Furthermore, when using the Solution, Partner Data is also collected by IDILINK as the Partner’s processor. This Personal Data processing is governed by this article.
7.1. Data controllers
Each Partner and IDILINK are solely responsible, in terms of the files for which they are responsible, for the formalities incumbent on them with respect to personal data protection.
7.1.1. Files for which the Partner is responsible
- The Partner is solely responsible for the Partner KazaPlan Files and Partner Files, and in this respect is solely responsible for meeting all the obligations imposed on it by Data Protection legislation, in particular in terms of the declarations, data collection, User information and potentially the gathering of their consent, exercising their rights, etc.
The Partner is not however responsible for the way in which the KazaPlan Data which is sent to it by IDILINK has been collected when a User wants to access their Plans on the Partner’s Website.
- The Partner is likely to subcontract the hosting, collection and processing of files for which it is responsible to IDILINK, and the latter can use processors itself.
- When creating a Partner Account, the User provides a certain amount of personal data to the Partner (from among the Partner Data).
In the absence of a Partner Account, when creating a KazaPlan Personal Account on a Partner Website (or when the User logs in to a Partner Website), the User may need to provide Partner Data to IDILINK, as the Partner’s processor.
- The Partner is solely responsible for processing the Partner File. The Partner undertakes not to collect or process sensitive personal data. This Partner Data is not passed on to any other Partner or to IDILINK. Users can exercise the rights they are given by the French data protection law with the Partner by writing to an address that is provided to each User.
Partner KazaPlan File
- When creating a KazaPlan Personal Account, the User gives the Partner an e-mail address as well as a password to be able to save their Plans (KazaPlan Data). This information is also collected by IDILINK on its behalf under the conditions set out in Article 7.1.2 of these T&Cs.
When a User wants to have access on a Partner Website to Plans that they have previously saved on another Partner’s Website, the KazaPlan Data is sent by IDILINK to the Partner.
- Each Partner is solely responsible for its Partner KazaPlan File containing KazaPlan Data which it has collected or that IDILINK has sent it.
The Partner undertakes not to disclose the information of their Partner KazaPlan Account to third parties or to rent and/or sell it in whole or in part.
7.1.2 General KazaPlan File for which the Company is responsible
In the procedure to create a KazaPlan Personal Account, as well as when saving/amending each item of KazaPlan Data, the User provides KazaPlan Data to IDILINK, the creator and coordinator of the KazaPlan Solution. This KazaPlan Data is incorporated by IDILINK in the General KazaPlan File containing all the KazaPlan Data of all the Partner Websites’ Users, which IDILINK is solely responsible for processing. Users can exercise the rights they are given by the French data protection law with IDILINK.
Finally, the KazaPlan Data contained in IDILINK’s General KazaPlan File is sent to a Partner every time a User wants to have access to their Plans on this Partner’s Website. In this case, the KazaPlan Data is sent to the Partner which integrates it in its Partner KazaPlan File. Users can exercise the rights they are given by the French data protection law with the Partner.
7.2. Processing purposes
7.2.1. Partner File and Partner KazaPlan File
The purposes of the Partner KazaPlan Files and Partner Files are determined by each Partner:
The Partner Files and Partner KazaPlan Files, for which the Partner is responsible, have the following purposes:
To enable identification of the user for their personal account on the Partner website
To send the sales or information newsletter(s) dedicated to the partner’s business
To contact the customer when they have given their consent
To compile statistics
7.2.2. General KazaPlan File
The General KazaPlan File has the following purposes, determined by IDILINK:
- Operation of the KazaPlan network.
The purpose of the General KazaPlan File is to enable identification of the User, through their KazaPlan Personal Account, on all the Partner Websites.
The General KazaPlan File also enables the User to access the Plans they have saved on all the Partner Websites, which requires the IDILINK to send KazaPlan Data to the Partners:
for Partner Websites which require the creation of a Partner Account, IDILINK transfers the KazaPlan Data to the Partner after establishing the link between the KazaPlan Personal Account and the Partner Account. The Partner incorporates this KazaPlan Data in its Partner KazaPlan File.
for Partner Websites which do not require the creation of a Partner Account, IDILINK transfers the KazaPlan Data directly to the Partner which incorporates it in its Partner KazaPlan File.
- To present examples of Plans created (without indicating the User’s name).
- To send information by e-mail exclusively relating to the KazaPlan Solution.
- To compile statistics.
7.3. Data recipients
- The Partner Files and Partner KazaPlan Files are exclusively managed by the Partner. The Partner does not disclose Partner Data or the Partner KazaPlan File to other Partners or to IDILINK.
- The KazaPlan Data in the General KazaPlan File is collected by IDILINK when the User is on the KazaPlan website or a Partner Website. When a User requests access to their Plans on a Partner Website, IDILINK transfers this User’s KazaPlan Data to that Partner, which incorporates it in its Partner KazaPlan File, for which it is solely responsible.
7.4. Storage period
- For Partner Files, the storage period is 3 years (the storage period is determined by each Partner).
- The KazaPlan Data of the Partner Kazaplan Files and the General KazaPlan File is stored for a period of 3 years from the data a Plan was last saved on a Partner Website. Beyond this time, the Partners and IDILINK may keep the Plans for statistical purposes in anonymised format.
If a Partner leaves the KazaPlan network, they must immediately delete their Partner KazaPlan File and only keep one copy, either directly or indirectly.
If a User informs a Partner and/or IDILINK that they want to unsubscribe from the KazaPlan network and have their personal data deleted, the Partner must inform IDILINK. IDILINK will inform all the other Partners which must delete all the data relating to this User contained in the Partner Files and the Partner KazaPlan Files. IDILINK will delete this User’s data from the General KazaPlan File.
The same procedure will be followed if a User’s data is rectified, modified or deleted.
7.5. User’s Rights
In accordance with the French data protection law, all Users have the right to access, rectify or delete information concerning them or object to its processing.
- For the Partner Files and Partner KazaPlan Files, these rights are only exercised by the User with the Partner.
- For the General KazaPlan File, these rights may be exercised by contacting the IDILINK data protection department via the address email@example.com
7.6. Personal data security
The Partners undertake to maintain secure computing resources to manage registration for the service more easily (Partner Accounts and KazaPlan Personal Accounts), either directly or by using subcontractors.
The personal data is only accessible to authorised personnel.
7.7. CNIL (French data protection authority) declarations
Each Partner is responsible for the legal obligations, in particular declaring the Partner Files and Partner KazaPlan Files.
IDILINK is responsible for the legal obligations, in particular declaring the General KazaPlan File.
8.1. Users’ Rights
Using the Solution does not confer on the User ownership of the intellectual property rights over any program, service, graphics, logo, creation, technology, trademark or other relating to the Solution.
IDILINK and the Partners are the sole owners of the databases comprising the Plans, information entered in the forms, etc. and are the sole owners of intellectual property rights over these databases in application of Articles L. 112-3 and 341-1 et seq. of the French Intellectual Property Code.
8.2. Non-infringement warranty
The User who uses the Solution undertakes to observe all related intellectual property rights of any kind.
Any copy, reproduction, modification or representation of the Solution or its components, either in full or in part, in any form whatsoever and in any way whatsoever, is prohibited.
The User must hold the Partners and IDILINK entirely harmless against any claim alleging the User’s breach of intellectual property rights.
8.3. Authorisation to use Users’ Plans
The User authorises the Partners and IDILINK to use the Plans (and the information they contain) that they save on the Partner Websites. The User thereby authorises the Partners to reproduce, represent, distribute and communicate their Plans to the public. This authorisation is valid for the period the Plans are protected by any intellectual property rights and for the whole world. This authorisation is stipulated as free of charge. This authorisation to reproduce, etc. may be sold/transferred by the Partners to their subcontractors. This authorisation is valid for the use of the Plans and information via the Solution, in particular on the Partners’ websites, to present examples of Plans created or for statistical purposes. Under no circumstances will the User’s name be mentioned when using the Plans.
Users’ rights and responsibilities
The 3D Plan Solution is used under the Users’ sole and entire responsibility.
Users are solely responsible for the information they disclose on the Solution.
In the event of the abnormal use or illegal operation of the Solution, Users are solely responsible for the damages caused to third parties and the consequences of any claims or proceedings that may result.
Users also waive the right to take any action against the Partners and IDILINK in the event of proceedings initiated by a third party against them due to the illegal use and/or operation of the Solution.
It is expressly agreed that the Partners and IDILINK have no obligation to keep the Plans saved by the Users for a determined period. The Plans saved may be deleted at any time.
Users must refrain from using the Solution to:
publish, send, share, store or provide content in any other way that contravenes public order, is detrimental, threatening, illegal, defamatory, unauthorised, abusive, offensive, malicious, vulgar, obscene, fraudulent, infringes on privacy or image rights, is heinous, incites violence, racial or ethnic hatred or is in any other way reprehensible,
create several accounts or steal a third party’s identity,
send any item containing computer viruses or any code, file or computer program designed to interrupt, destroy or limit the operation of software, computer equipment or electronic communications,
publish, send, share, store or provide content in any other way that constitutes or encourages a criminally reprehensible act or provides instructions on how to perpetrate it, infringes a third party’s rights or is likely to incur a third party’s liability or breach local, national or international legislation.
Users are solely responsible for the content they incorporate in the Solution, in particular any content that may be of an offensive or illegal nature or likely to infringe third parties’ rights.
Partners and IDILINK’s responsibility
Solution access and operation
The Partners and IDILINK make every effort to guarantee the Solution’s smooth operation.
The Partners and IDILINK are not bound with respect to the Users by any guarantee, either explicit or implicit, including any guarantee of quality and suitability for a specific use of the Solution which is offered free of charge to Users.
The Solution is in principle accessible 24/7. However, the responsibility of Partners and IDILINK cannot be incurred in the following cases (list not exhaustive):
if the Solution is interrupted for any reason whatsoever,
in the event of a temporary or extended impossibility to access the Solution (and/or the websites and applications linked to it) due to technical problems, irrespective or their origin,
in the event of unavailability or an overload or any other reason preventing the normal operation of the mobile telephone network used to access the Solution,
in the event of contamination by potential computer viruses circulating on the Internet,
more generally, in the event of direct or indirect damages caused to Users, irrespective of their nature, resulting from access to or use of the Solution (and/or the websites or applications which are related to it),
in the event of the abnormal use of illegal operation of the Solution;
in the event of the Users’ loss of their login and/or password or the theft of their identity.
in the event of the deletion of Plans and the Solution.
Content that Users publish online
The Partners and IDILINK do not create the content that Users publish online nor do they publish it and these actions are under the Users’ sole responsibility.
As the Partners and IDILINK do not carry out prior moderation of the content that Users publish online, they cannot be held liable for any content that is illegal, contravenes public decency or public order in the country concerned or that constitutes any infringement of others’ rights, in particular intellectual property rights or personal data processing.
The Partners and IDILINK cannot be held liable for discussions between Users.
The Partners and IDILINK cannot therefore be held liable for any content created with the Solution or any online publication of this content. In this way, in light of the legal qualifications defined by Article 6 of Law no. 2004-575 for Confidence in the Digital Economy (LCEN) dated 21 June 2004, the Partners and IDILINK are the hosts for the content that Users publish online. The Partners and IDILINK are not therefore responsible for Users’ content and do not have any obligation to monitor this content.
The Solution’s public content
Despite the greatest care taken in the creation and updating of the Solution, the Partners and IDILINK cannot provide any guarantee, explicit or tacit, concerning the information contained in the Solution they have created.
Consequently, the Partners and IDILINK cannot be held liable for any direct or indirect damage resulting from any errors, inaccuracies or omissions of information contained in the Solution.
Plans created via the Solution and content
The Partners and IDILINK cannot be held liable for Plans created by a User via the Solution. The Partners and IDILINK decline any liability concerning any claims, disputes or damages pursued by a third party or another User due to the Plans, the KazaPlan Personal Account or any other items relating to the Solution.
IDILINK cannot be held liable for the content of the Partner Websites offering the Solution, their access or their operation. Each Partner is only responsible for their own Website.
The Partners and IDILINK cannot be held liable or considered to have breached these T&Cs due to any delay or failure in executing them, when the reason for this daily or failure in execution relates to a case of force majeure as defined by the jurisprudence of the French courts and tribunals including electricity interruption, suspension, reduction or disturbances or other, or any interruptions of electronic communications networks or events beyond their control.
The Partners and IDILINK specify that the use of hypertext links may lead Users to other websites or applications that are independent from the Partners Websites.
The hypertext links that redirect to other sites or applications from the Solution or the Partner Websites http://www.mis-en-contact.com cannot, under any circumstances incur the Partners’ liability.
It is the User’s responsibility to check the regularity of the hypertext links present on the websites they visit.
Amendments to these terms and conditions
The Partners and IDILINK reserve the right to amend the terms, conditions and wording of these terms and conditions at any time, in particular in the event of technical, legal or jurisprudential changes or when implementing new services.
Users are therefore advised to regularly consult the latest version of the T&Cs available on www.kazaPlan.com.
These amendments will come into effect immediately as soon as the amended T&Cs are published on the website www.kazaPlan.com.
Continued use of the Solution after each amendment is made to these terms and conditions constitutes Users’ acceptance of these amended terms and conditions.
Should any part of these general terms and conditions of use become null, invalid or inapplicable for any reason whatsoever, the term or terms in questions will be declared non-existent and the remaining terms will retain their full force and scope and continue to be applicable. The terms declared non-existent will then be replaced by the terms that come closest to the content and meaning of the annulled clause.
Applicable law and jurisdiction
These general terms and conditions of use are exclusively subject to French law.
Any dispute, including a provisional court order, which arises when the Solution is used will be subject to the Lille Courts with jurisdiction, notwithstanding the introduction of third parties or multiple defendants.