SHIPPEO has developed a digital platform for road freight transportation management services. This collaborative approach creates a direct link between principals ("Principals") and their carriers (“Carriers”) to provide real-time visibility into the performance of the transportation. Through this platform, SHIPPEO provides Carriers and Principals with features enabling the sharing of the information necessary to monitor the performance of a given transportation order, and real-time management of the movement of charters.
- Administrator: A person designated by a Licensee and acting under the Licensee’s responsibility in respect of SHIPPEO in order to define and administer the rights of Users and the creation of their Accounts through an Administrator Account on the Platform.
- Application: A mobile application edited and made available by SHIPPEO allowing Licensee’s Authorized Users to connect to the Platform and transmit Data.
- Database: A structured and organized set of Data collected by SHIPPEO via the Platform from SHIPPEO Licensees and data generated, calculated and integrated by SHIPPEO and to which the Tools and the Platform are linked. The Database is financed, constituted, structured and operated by SHIPPEO, which is its owner, independently of the Data contained therein, in its capacity as “Producer” within the meaning of Article L. 341-1 of the French Intellectual Property Code and Article 7.1 of European Directive 96/9/EC.
- Content(s): Any content, including transportation orders and comments, posted online or exchanged on the Platform and/or the Application by the Licensee and hosted by SHIPPEO as part of the Services.
- Account: An Administrator or User Account created by SHIPPEO allowing a User to access the Platform and the Tools and to benefit from the Services.
- Data: All data processed by SHIPPEO and/or exchanged with the Licensee regarding the performance of the Services, including, in particular, vehicles identification data, GPS positions and data on the drivers and Authorized Users of a Carrier.
- Designated Licensee: licensee designated by and performing on behalf of a Principal services other than the execution of transportation orders, and in this quality benefiting from the Services, the Platform and the Tools, including through the Application.
- Principal(s): Licensee(s) carrying out the activity of shipper, transportation organizer(s), principal(s) and SHIPPEO client(s) on behalf of whom one or more Carriers performs a transportation order, which is monitored via the Platform, the Tools and the Services.
- Interface: A computer interface between the Platform and the Licensee’s information systems enabling the exchange of Contents and/or GPS positions.
- Tools: The Application and Interface made available to the Licensee by SHIPPEO in connection with the provision of the Services.
- Infrastructure: The computer and/or telecommunications equipment, including the Servers SHIPPEO uses for the provision of the Services.
- Licensee(s): The Principal, the Designated Licensee or the Carrier, indifferently or collectively, as well as all their respective Authorized Users.
- Party(Parties): The Licensee and/or SHIPPEO, separately or together.
- Connection Points: The Infrastructure’s terminals connected to electronic communications networks, intended to receive the requests of Users and to deliver the Services.
- Servers: The computer equipments connected to the Internet to host the Platform, the Tools and the Contents.
- Services: All of the services produced and provided by SHIPPEO through the Platform and the Tools enabling Licensees to open an Account, to consult their transportation orders, to post Contents for processing purposes and the handling of such transportation orders and accessing alerts, indicators and analyses of these orders prepared by SHIPPEO.
- SHIPPEO: SHIPPEO, a French société par actions simplifiée with share capital of €161,801.10, with its registered office located at 60 rue d'Hauteville, 75010 Paris, registered with the Paris Trade and Companies Register under number No. B 801 689 415, represented by its Chairman.
- Carrier(s): A Licensee performing transportation orders on behalf of one or more Principal(s) and wishing to benefit from the Services, the Platform and the Tools.
- Plateform: A web portal designed by SHIPPEO accessible via an Account at www.shippeo.com allowing a licensee such as the Licensee to access the Services through a valid Account.
- User: Any natural person authorized by the Licensee to use the Services, the Platform and the Tools and acting under the responsibility and on behalf of the Licensee.
- Authorized User(s): Both the User(s) and Administrator(s) of the Licensee.
The foregoing provisions relating to the term and the termination of the Licensee’s Accounts may be derogated from under specific conditions that may be agreed upon between the Licensee and SHIPPEO.
The Services are provided and the License is granted by SHIPPEO to the Licensee free of charge, unless otherwise specified in any Specific Conditions that may be agreed upon between SHIPPEO and the Licensee.
The Services, the Platform and the Tools are reserved exclusively to Authorized Users having been authorized by the Licensee through SHIPPEO. To this effect, the Licensee must request to SHIPPEO the creation of an Administrator Account. Authorized Users’ access to the Platform, the Tools and the Services is then carried out remotely via the Application or the Interface and via the Internet and requires the use of identifiers and passwords or any other authentication tool provided by SHIPPEO (hereinafter the “Access Codes”), which are communicated by SHIPPEO to the Licensee.
Once an Account is activated, any Administrator authorized by the Licensee may create and administer User Accounts, unless the Licensee delegates these tasks to SHIPPEO. An Administrator may modify User identifiers or passwords directly using the Platform or by requesting assistance from SHIPPEO.
The Licensee must ensure that the Administrator delete or ask SHIPPEO to delete the Accounts of the Users who no longer have use of them, in particular because they are no longer involved in the issuing of transportation orders by the concerned Principal, or in the services provided by the concerned Designated Licensee. Absent such deletion or request for deletion, the Licensee remains solely responsible for any illegitimate access or use of the Accounts by the Users who no longer have the use of such Accounts.
It is strictly forbidden for one User to have several Accounts or to use the Services from an Account opened by another User by fraudulently using the identifiers of such User. Each User is solely responsible for maintaining the confidentiality of his/her identifiers.
Each User undertakes to take all necessary measures to ensure their complete confidentiality, in particular, so that no third party can use their identity and Account under conditions likely to violate the rights of third parties or any of the applicable laws or regulations on the Internet.
SHIPPEO grants the Licensee a non-exclusive, non-transferable and non-assignable right to use the Platform and the Tools in order to redistribute them to the Licensee’s Authorized Users, to the exclusion of any third party, for the carrying out of its activity and its internal needs, throughout the world and for the duration of the Term. SHIPPEO provides the Licensee with access to the Platform and the Tools.
The Licensee acknowledges that any update of the Platform and/or the Tools shall not be construed as granting a new License unless otherwise stipulated by SHIPPEO in connection with the provision of a new version of the Platform, the Tools and/or the Database.
Access to the Platform and the Tools, and the use of the Services, require computer equipment with Internet access. SHIPPEO shall provide its best efforts to ensure that access to the Services is available 24 hours a day, seven days a week, except in cases of force majeure or events beyond the SHIPPEO’s control and subject to the potential outages or maintenance necessary to ensure the proper functioning of the Platform, the Tools and the Services. SHIPPEO does not guarantee that the Platform, the Tools and the Services will be permanently accessible. Given the complexity of the Internet, the unequal capacities of the various subnetworks, fluctuations at peak times for certain Internet users, and the various bottlenecks over which SHIPPEO has no control, the responsibility of SHIPPEO is limited to the operation of its Infrastructure, the outer limits of which are constituted by the Connection Points. SHIPPEO cannot be held responsible for:
Given the nature and complexity of the technologies used to provide the Services, SHIPPEO commits to providing reasonable care in the provision of the Services, with the Licensee acknowledging that the Services provided cannot be guaranteed to be free of any defects, faults, interruptions or unavailability. In the event of any defects resulting from elements which are SHIPPEO’s responsibility, the Licensee undertakes to inform SHIPPEO, which will make its best efforts to remedy them as soon as possible. However, SHIPPEO cannot be held responsible for:
SHIPPEO may interrupt the Services, without incurring any responsibility and without fault on its part, for the maintenance of the Tools, the Servers and the Platform, with Users being informed beforehand whenever possible. SHIPPEO may also suspend all or part of the Services in the event of:
It is expressly understood that the Account(s):
In the event where a Licensed Carrier would want to subcontract all or part of the performance of a transportation order to a third party, such third party may autonomously and independently access the Services, the Platform and the Tools in its capacity of Carrier under the same conditions as the Licensee, subject to having an Account that would be specific to such third party thus acquiring the status of Licensed Carrier.
The Services provide Authorized Users the ability to add Data and Contents , including in the form of “Chat” comments or messages, on the Platform. The Licensee is solely responsible for the comments of its Authorized Users, as SHIPPEO does not modify comments or the Data or Content transmitted by a Licensee via the Platform or the Tools in general. SHIPPEO is also not responsible for decisions made by Licensees on the basis of Data or Content transmitted by another Licensee via the Platform or the Tools.
The Licensee must hold its Authorized Users accountable and ensure that each Authorized User agrees not to issue Data and/or Contents that would render the Licensee liable for one of its Authorized Users, in particular for:
- using all or part of the content of pre-existing works without the authorization of the copyright owners of such works,
- reproducing and/or using the trademark, corporate name, logo or other distinctive sign of a third party,
In general, the Licensee undertakes not to transmit through its Authorized Users any material that may violate intellectual property rights or the rights of third parties and in particular, trademark law, personal rights or copyrights.
The Licensee acknowledges having been informed of the risks of errors that may occur when using the Platform, the Tools and the Services.
The Carrier expressly acknowledges and agrees that the use of the Platform, the Tools and the Services engages its responsibility, particularly with respect to the Principals on whose behalf it performs transportation orders. SHIPPEO does not accept any responsibility with regard to Licensees and Authorized Users for any direct or indirect damage that may arise from misuse of the Platform, the Tools and/or the Services. SHIPPEO assumes no responsibility for the Data and/or the Contents posted by Authorized Users, which is the sole responsibility of the Licensee. SHIPPEO also reserves the right to upgrade the Services. Technical changes may be made without prior notice by SHIPPEO.
The Licensee is solely responsible for the preservation, security and integrity of the Access Codes and undertakes to inform SHIPPEO of any loss or misuse of Access Codes, as soon as possible and by any means, and immediately confirming this loss or misuse to SHIPPEO by registered letter with acknowledgment of receipt. Until receipt by SHIPPEO of such confirmation, any action by an Authorized User will be irrefutably deemed to have been performed by the Licensee and will be the Licensee’s sole responsibility in respect of SHIPPEO or third parties.
The Licensee acknowledges that, despite the high level of security standards implemented by SHIPPEO:
SHIPPEO reserves its right to suspend access to the Tools, Platform and/or Services in the event of a legitimate suspicion of fraudulent use or attempted fraudulent use of Access Codes.
SHIPPEO holds the exploitation rights related to and associated with the Platform and the associated Tools and training materials and any successive versions.
Any suggestion as to the correction of errors or comments regarding any new functionality of the Tools, the Platform or the Databases communicated by the Licensee to SHIPPEO is the exclusive property of SHIPPEO. SHIPPEO remains free to choose at its sole discretion whether or not to develop the features or corrections suggested by the Licensee.
The Licensee shall not register or attempt to register or use any software, trade name, trademark, service mark, domain name or design which, in whole or in part, incorporates or creates by its similarity any confusion with SHIPPEO, its distinctive signs or its Tools, its Platform and/or its Databases.
The Licensee shall promptly notify SHIPPEO of any existing, likely or suspected counterfeiting of the Platform, the Tools or a Database or any other intellectual property right of SHIPPEO, and any claim or allegation that the Platform, the Tools or a Database infringes the rights of a third party.
The Licensee acknowledges that the gathering and processing of Data and Contents relating to Authorized Users and to events effecting transportation orders and their performance are necessary in order to benefit from the Services.
For the purpose of providing the Services, SHIPPEO and any subcontractors process, in particular:
The Data and Content collected are:
In particular, the Carrier is the owner and is responsible for Authorized Users’ raw identification data, the Carrier’s vehicle identification Data, the GPS positions transmitted by the Carrier’s vehicle and relating to the performance of a transportation order as well as related Content (the “Carrier Data”).
Through the Platform and the Tools, the Carrier’s Data is accessible to the Principal, with whom the Carrier has a contractual relationship for transportation services by way of a transportation order, for the Term and for the purposes of the Services supplied to the Principal concerned by the performance of such transportation order.
In particular, the Carrier’s Data relating to the GPS positions of a transportation order it performs, is processed by the Platform and the Tools in the following conditions.
The registration by SHIPPEO, via an Interface, of the GPS positions of the vehicle of a Carrier performing a transportation order on behalf of a Principal is carried out only if and when said vehicle is assigned to such transportation order and between:
SHIPPEO receives and records the GPS positions of an Authorized User via the Application if the following three cumulative conditions are met:
The GPS positions are accessible to the Principal of a transportation order performed by a Carrier, only if and when a vehicle or an Authorized User of the Carrier is assigned to such transportation order and between:
It is the Licensee’s responsibility to give all necessary information and instructions to Users of the Application regarding the timing and manner of transmitting GPS positions via Interfaces and terminating transmission via Interfaces. Should a User not close the transmission via the Interface of the GPS positions to the Platform and to the Tools, the GPS positions are still processed by the Platform, under the responsibility of the Carrier, and accessible to the Principal concerned.
The data transmitted via the Interfaces and relative to the GPS positions are retained by SHIPPEO for a maximum duration of twelve (12) months in accordance with the recommendations of the CNIL. At the end of this twelve (12) month period, this GPS Position Data is electronically archived and anonymized in accordance with the recommendations of the CNIL, in order to be de-correlated with any information relating to a Principal, a Carrier and/or a transportation order.
SHIPPEO undertakes to the Licensee not to engage in any behavior aimed at replacing the Licensee with his or her customers, subcontractors or business partners. In particular, SHIPPEO undertakes not to develop activities as a forwarding agent or Carrier.
Each Party shall remain responsible for the processing of personal data which it uses as such and shall thereby indemnify the other Party against any claim based on non-compliance with its obligations in this regard.In the performance of the Services, SHIPPEO shall have access to certain personal data of the Licensee and the Licensee’s Authorized Users.
The collection and transmission by the Licensee to SHIPPEO of personal data relating to the Licensee, its Authorized Users and the GPS positions of its vehicles must be carried out in accordance with the provisions of the French Freedom of Information Act of January 6, 1978, as well as the recommendations of the CNIL, in particular, the simplified standard 51 when the Carrier has subscribed to this formality with the CNIL under the following conditions.
The Licensee is particularly responsible for informing the Licensee’s Authorized Users and, in general, its agents the personal data of whom is intended to be transmitted to the Platform via the Interfaces, that their personal data or the GPS positions of their vehicles, collected for the purposes of the Services, may be communicated to SHIPPEO for the purpose of processing and monitoring the performance of the transportation orders to which such Data relates.
The Licensee hereby undertakes to comply with all of the legal and regulatory obligations incumbent upon him or her and resulting from the provisions of the Labor Code in respect of his or her employees and agents. In any event, the Licensee shall indemnify SHIPPEO against all governmental or judicial claims, based on the violation by the Licensee or the Licensee’s subcontractors of the legal and regulatory obligations incumbent upon them, relating to full disclosure to their employees or agents and the prior consultation of their representatives, where applicable, on the processing of their personal data resulting from the operation of the Services, the Platform or the Tools.
In accordance with the French Freedom of Information Act of January 6, 1978, each Licensee may, through his or her Administrator Account, access the personal data of the Licensee’s Users to have it rectified or, if necessary, request that SHIPPEO delete it, either in connection with the closing of an Account or in the context of the completion of a transportation order, once its performance is completed, subject to SHIPPEO’s statutory obligations to preserve data.
In any event, the Licensee shall carry out the necessary backups of the Data, Content, files, information, or documentation of any kind that it makes available to SHIPPEO.
The Licensee shall designate one or more Administrator(s) in charge of communicating with SHIPPEO and forwarding to SHIPPEO the list of the Licensee’s Authorized Users as well as the Licensee’s authorization for them to access the Platform, the Tools and the Services.
Confidential Information means any commercial, technical, financial or economic elements and/or data communicated in any way between the parties, including any printed materials, studies, documentation, accounting documents, rates, software, and more generally by all means and all media, of the confidential information transmitted between the Parties for the purpose of providing the Services, whether or not explicitly identified as such.
The Parties particularly undertake that Confidential Information concerning the other Party shall:
The Parties are reciprocal guarantors of the respect of this confidentiality commitment by the members of their personnel and/or any agent, including Authorized Users.
Any information which is disclosed by the receiving Party at the request of a court or government shall not be deemed to be Confidential Information, provided that the receiving Party promptly notifies the other Party of such request so that it can defend its rights.
The Parties agree that all data, information, files and other digital elements exchanged between the Parties will constitute admissible, valid and binding proof with the same evidential weight as a signed written document.
The Licensee is responsible for the Content that its Authorized Users put on line, SHIPPEO assuming no responsibility of any kind whatsoever in this regard. Consequently, the Licensee shall indemnify SHIPPEO against any legal action that may be brought against it, in particular with regard to the Content of its Authorized Users. The Licensee undertakes to be personally responsible with regard to any and all claims and/or procedures, in any form or nature, made against SHIPPEO that are directly or indirectly related to the hosted Content.
To this end, the Licensee particularly undertakes to pay directly to any claimant any sums which such claimant may require from SHIPPEO and to intervene voluntarily, if necessary, in any proceedings against SHIPPEO, and to guarantee any penalties that may be pronounced on such occasion.
In view of the complexity of the Services provided, SHIPPEO is subject to a best efforts obligation. It is expressly agreed between the Parties that indirect damages or injury such as business losses, loss of opportunity, loss of orders, commercial problems of any kind, loss of profits or damage to a brand image shall not be compensated. Any legal action directed against the Licensee and/or its Users by a third party shall constitute indirect damage and consequently does not give rise to any right to compensation.
The fulfillment of SHIPPEO’s obligations, in respect of the supply of the Services, may be subcontracted, in whole or in part, to any person of its choice, which the Licensee accepts without reservation.
Each Party may use the name, trade name, trademarks and trade visual(s) (logo(s)) of the other Party as a trade reference and include all or part of that information in any commercial and/or technical support, subject to prior notification to the other Party, who may oppose it at any time for any legitimate reason.
The using Party shall, as soon as possible, stop the use of these elements on the supports which may be modified.
SHIPPEO grants the Licensee the right to use its emblems, including the name of the application, solely for the purpose of promoting SHIPPEO’s Platform, Tools and Services to third parties, and subject to prior notice.
IN THE EVENT OF A DISPUTE, THE COMMERCIAL COURT OF PARIS (“Tribunal de Commerce de Paris”) SHALL HAVE EXPRESS JURISDICTION, NOTWITHSTANDING MULTIPLE RESPONDENTS OR ACTIVATION OF GUARANTEES, INCLUDING FOR URGENCY PROCEDURES OR PROTECTIVE MEASURES, IN SUMMARY PROCEEDINGS OR ON PETITION.
The person responsible for the processing of your Personal Data is Shippeo ("Shippeo" or "We").
Our Site and Services are not intended for minors and are exclusively for persons over the age of eighteen (18) with legal capacity. We do not collect or process personal data about minors through our services. In the event that we are informed of the processing of Personal Data of minors, we will take the appropriate measures to permanently delete this data from our servers.
Depending on your use of the Site, Shippeo's resources and services and the purposes of your interactions with Shippeo, we may collect different types of personal data about you (your "Personal Data"):
We collect and use your Personal Data for the purposes described below, depending on your use of Shippeo Services and your interactions with Shippeo:
We will not sell, trade, rent or transfer your Personal Data in any other way, without your consent, which will have been given after you have received prior information, except for the cases listed below:
Within Shippeo: we may share your Personal Data within Shippeo to ensure the proper functioning of our Site and related features, as well as our relationship with our customers, prospects or users of the Site;
With third-party providers: we may communicate your Personal Data to third parties in or outside the European Union, in particular in the context of offers or joint services, as well as to help us operate the Site;
With third parties for legal reasons: in the event that Shippeo would be required to comply with laws and regulations and / or lawful requests and orders or if permitted by law (that is, for the protection and the defense of rights, a situation that threatens life, health or safety, etc.).
We always require these third parties to provide sufficient guarantees of confidentiality and security and to take the physical, organizational and technical measures necessary to protect and secure your Personal Data, in accordance with the legislation in force. Possible transfers of your Personal Data outside the European Union are governed by the mechanisms validated by the European Commission or the competent authorities.
Shippeo secures your Personal Data by putting in place appropriate physical, organizational and technical measures to prevent unauthorized access, alteration, use, disclosure, modification or destruction in accordance with the Applicable Law. These measures include the use of encryption technology.
Only our employees and contractors who must necessarily process your Personal Data in accordance with the purposes described in Article 3 above are authorized to access it under strict conditions of confidentiality and security.
Although Shippeo implements all possible measures to protect your personal data, we cannot guarantee the security of information transmitted to our Site during their transit via the Internet using an unsecured protocol.
Access, rectification, update and deletion of your Personal Data. In the cases provided by the Applicable Law, you may request access to your Personal Data held and processed by Shippeo, consult them, obtain a paper or electronic copy and request correction, updating or deletion. You can exercise these rights by sending a written request, accompanied by a copy of your ID to the contacts mentioned in Article 9 "Contact Us". We will endeavor to respond to your requests as soon as possible and under the conditions provided by applicable law. However, in some cases, we may not be able to respond favorably to meeting our legal or contractual obligations.
Opposition. You can, at any time, ask to no longer receive information or offers, either by writing to us at one of the addresses indicated in Article 9 "Contact us", or following the unsubscription process described in the received messages. In certain cases, the exercise of your right of opposition may result in a modification of the terms of supply of our services or the operation of the Site, if your Personal Data is necessary in the context of these.
Portability. In the cases provided by the Applicable Law, you can also exercise your right to portability, by writing to us at the coordinates indicated in Article 9 "Contact Us". We will endeavor to respond to your requests as soon as possible and under the conditions provided by applicable law. However, in some cases, we may not be able to respond favorably to meeting our legal or contractual obligations.
Claim to a Control Authority. Without prejudice to any other legal process, you have the right to lodge a complaint with the supervisory authority of the country of the European Union in which you reside, work or in which you judge that a violation of your rights would have been committed.
When you use our Site, information about your browsing and your device (computer, tablet, smartphone, etc.) may be recorded using small text files "Cookies" installed on your device through your Internet browser, subject to the choices you have made about Cookies that you may change at any time (see "Your Cooking Choices" section below).
Only the issuer of a Cookie is likely to access this Cookie and read or modify information contained therein. The information about you contained in the Cookies we use is not passed on to third parties other than our subcontractors, when necessary, for the purpose of providing our Services. We do not transmit this data to other third parties.
When you browse our Site, we and, as the case may be, the service providers acting on our behalf, may be required, subject to your choice, to install various cookies in your terminal, allowing us to recognize the browser of your terminal during the period of validity of the relevant Cookie. The Cookies we issue are used for the purposes described below, subject to the choices you have made about Cookies that you may change at any time (see "Your Cookies Choices" section below).
Cookies necessary for the operation of our Site:
The Cookies that we use allow us, in particular:
- To adapt the presentation of our Site to the display preferences of your terminal (display resolution, operating system used, etc.) when using our services, according to the hardware and software for viewing or reading your terminal;
- To memorize information relating to a form that you have filled in while using our Site (connection to the software, contact request, etc.).
Cookies for Analysis and Audience Measurement:
Cookies that we use allow us to establish statistics and volumes of use and use of the various elements of our Site (pages, sections and content visited, navigation routes, etc.), thus enabling us to improve interest and ergonomics of our Site.
You may at any time configure your browser to choose to accept, restrict or disable all or part of the Cookies. You have the option to delete all cookies already stored on your computer. Your browser can also be set to notify you when cookies are placed in your device and ask you to accept them or not (case by case or in full). Each browser is different, refer to the "help" menu of your browser for more information on how you can set it. We remind you, however, that the deactivation of all or part of the Cookies is likely to disrupt the normal operation of our Site and some of its features.
We keep your personal data only for the time necessary to satisfy the different purposes set out in Article 3 above, except in cases where (i) you request us to delete them before the expiry of this period, subject to the conditions imposed by the Applicable Law, and (ii) where the law authorizes or requires us to keep them longer.
The http://www.shippeo.com/ is the property of:
60 rue d'Hauteville, 75010 Paris, France
Simplified public limited liability company (SAS) with a capital of 161.801,10€
RCS Paris – 801 689 415
VAT number: FR 11 801 689 415
210-208 Utah Street, San Francisco (CA 94103), United States
The user of this website acknowledges having the skills and means necessary to access and use this site.
The Shippeo trademark and logo featured on the site are registered and protected. Any total or partial reproduction of this trademark or this logo from the website without the authorization of Shippeo is prohibited, within the meaning of articles L.713-2 and following of the Intellectual Property Code.