Terms of Use
1. Purpose and scope
The purpose of these General Terms of Use (hereinafter the "GTU") is to define the conditions under which PLANNERS makes the Site available to Users and the conditions under which they use it.
They constitute the contract entered into between PLANNERS and the User.
They apply, without restriction or reservation, to every User of the Site, whether a Couple, a Provider or a mere visitor.
The GTU are accessible at all times on the Site. The User declares that they have read and accepted them before any use of the Site.
The paid services provided by PLANNERS to Providers, who are professionals, are governed by the General Terms and Conditions for the Supply of Services (hereinafter the "GTS"). In the event of any contradiction between the GTU and the GTS with regard to those paid services, the GTS shall prevail. The GTU remain applicable to everything the GTS do not govern.
The processing of personal data is described in the Privacy Policy, which is the reference document on this matter.
2. Legal notices
The Site is published by:
THE GOBELINERS61 rue de Lyon
75012 Paris
France
SASU with a share capital of 10,000 euros
RCS Paris 532 571 122
EU VAT number: FR91532571122
Publication director: Benjamin Jeanjean.
Contact: hello@planners.fr or contact form.
The Site is hosted by:
Vercel Inc.340 S Lemon Ave #4133
Walnut, CA 91789
États-Unis
3. Definitions
In these GTU, the following terms have the meanings set out below:
- PLANNERS: the company THE GOBELINERS, publisher of the Site and proprietor of the "Planners" trade mark, a party to this contract.
- The Site: the online service operated by PLANNERS, accessible from all of its national domain names, as well as its modules embeddable on third-party sites.
- User: any person who accesses the Site or uses one of its services, whether or not they hold an account.
- Member: the User who holds an account, identified on the Site by means of their login credentials.
- Couple: the User, acting for purposes which fall outside the scope of their professional activity, who is looking for providers for their wedding or their event and may submit a Request. The Couple has the status of consumer.
- Provider: the professional User who presents their business on the Site with a view to entering into contact with Couples. The Provider is a User within the meaning of these GTU; their paid contractual relations with PLANNERS are additionally governed by the GTS.
- Request: the project submitted by a Couple on the Site, including in particular the envisaged date and place of the event, the indicative budget and the Couple's contact details.
- User Content: any item transmitted or uploaded by a User to the Site, in particular texts, descriptions, photographs, videos and profile information.
- Login and password: all of the information enabling a Member to be identified on the Site. The password is confidential.
- Cookies: the trackers placed on or read from the User's device while browsing, whatever their technology.
4. Acceptance and amendment of the GTU
Acceptance of the GTU takes place upon creation of the account, by an express action of the User. For non-member Users, use of the Site constitutes acceptance hereof.
PLANNERS may amend the GTU, in particular to take account of changes to the Site, to its business model or to regulations.
Any proposed amendment is notified to Members on a durable medium, at the email address associated with their account, at least fifteen (15) days before it comes into force. Where the amendment relates to the ranking parameters described in article 12, that period is extended to thirty (30) days.
During the notice period, the Member may terminate the contract free of charge, by deleting their account or by informing PLANNERS. Continued use of the Site after the amendments come into force constitutes acceptance of them. The Member may also expressly waive the benefit of the notice period; the amendments are then immediately applicable to them.
The notice period does not apply where the amendment results from a legal or regulatory obligation to which PLANNERS is subject, or where it is necessary to address an imminent danger aimed at protecting the Site, the Users or third parties against fraud, malware, illegal content or a breach of data security.
The applicable version is the one in force on the Site on the day of use, subject to the notice periods set out above.
5. Access to the Site and free services
The Site is accessible free of charge to any User with access to the Internet. The costs incurred in accessing it (hardware, software, connection) remain the responsibility of the User.
The following services are accessible free of charge:
- consulting the information articles and guides;
- consulting the directory of Providers;
- submitting a Request and being put in contact with Providers;
- using the budget simulator.
Registration of a Provider and publication of their listing in the directory are free of charge. Subscribing to a paid offer is never a condition for appearing in the directory.
The non-member User does not have access to the services reserved for Members; to that end they must identify themselves by means of their login and password.
PLANNERS implements the means at its disposal to ensure quality access to the Site. In this respect it is bound by an obligation of means and not an obligation of result.
Access to the Site may be subject to interruptions, suspensions or modifications, in particular for maintenance, update or security operations or in the event of a technical constraint. PLANNERS informs Members of scheduled interruptions where circumstances permit. This clause concerns solely the technical availability of the Site; it does not allow PLANNERS to restrict, suspend or terminate the account of a particular User, which falls exclusively under article 10.
An event of force majeure resulting in a malfunction of the network or of the servers does not engage the liability of PLANNERS.
The User may contact PLANNERS by email at hello@planners.fr or from the contact form.
6. Account, credentials and security
The Member is responsible for the confidentiality of their password. Any disclosure, in any form whatsoever, is prohibited.
The Member shall inform PLANNERS without delay of any unauthorised use of their account of which they become aware.
Acts performed from the Member's account are deemed to have been performed by them, unless proven otherwise, in particular in the event of impersonation or of a security failure attributable to PLANNERS.
The Member undertakes to provide accurate information and to keep it up to date.
The Member may delete their account at any time from their personal area.
7. Liability
PLANNERS operates a platform for putting parties in contact. It is not a party to the contracts concluded between a Couple and a Provider, takes part neither in their negotiation nor in their performance, and provides none of the wedding services offered by the Providers.
The choice of a Provider, the ordering of their services and the settlement of any disputes between them fall solely within the relationship between the Couple and the Provider. PLANNERS is not liable for a Provider's breaches, delays or failures in the performance of their obligations.
The information, texts and photographs appearing on the Providers' listings emanate from the Providers themselves. PLANNERS does not guarantee their accuracy, their completeness or that they are up to date. The photographs and graphics presented on the Site have no contractual value.
The general information published on the Site, in particular the articles, guides and estimates produced by the budget simulator, is provided for information purposes only and constitutes neither a quotation nor professional advice.
PLANNERS is bound, in the provision of the Site, by an obligation of means. Its liability may be engaged only under the conditions of the general law, in the event of proven fault, and only for the damage which is the direct consequence thereof.
PLANNERS implements appropriate technical and organisational measures in order to ensure the security and confidentiality of the data processed, under the conditions set out in the Privacy Policy.
The liability of PLANNERS may not be engaged in the event of force majeure or of the unforeseeable and insurmountable act of a third party.
The Site contains outbound hypertext links. PLANNERS exercises no control over the sites to which they lead and is not liable for their content or for the resources they offer.
The provisions of this article may not have the effect of excluding or limiting the rights which the law confers on the consumer User.
8. PLANNERS' intellectual property
The structure of the Site, its developments, its graphic design, its editorial texts, its trade mark, its logos and its distinctive signs are the property of PLANNERS or of its partners and are protected by intellectual property law.
Any reproduction, representation, adaptation or exploitation, in whole or in part, of these elements, without the prior written authorisation of PLANNERS, is prohibited and is liable to constitute an infringement.
PLANNERS is the producer of the database constituted by the directory of Providers and its content. The following are prohibited, in accordance with the provisions of the French Intellectual Property Code relating to the rights of the producer of databases:
- the extraction, by permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of the content of that database, onto another medium;
- the reutilisation, by making available to the public, of all or a qualitatively or quantitatively substantial part of that content;
- the repeated and systematic extraction or reutilisation of insubstantial parts of the content, where they manifestly exceed the conditions of normal use of the Site.
In this respect, the use of robots, harvesters, site rippers or any equivalent automated process is prohibited in particular, as is the constitution of a file or of a competing service from the data of the Site.
Consulting the Site and using its features in accordance with their intended purpose remain free, including for the purposes of a Provider's professional activity.
9. Users' content and licence granted to PLANNERS
The User retains all of their rights in their User Content.
The User warrants that they hold the necessary rights in the User Content which they upload, in particular the authorisations of the authors and of the persons depicted, and that this content does not infringe any third-party right.
In order to enable PLANNERS to operate the Site, the User grants PLANNERS, on a non-exclusive and free-of-charge basis, a licence over their User Content, comprising the rights of reproduction, representation, adaptation and translation, for the following purposes only:
- the display and distribution of the content on the Site, on all of its national domain names and on its modules embeddable on third-party sites;
- the technical adaptation necessary for such distribution, in particular resizing, cropping, compression and format conversion, including through image optimisation providers;
- the automatic translation of textual content into the languages of the Site, the User being informed that an automatic translation may contain inaccuracies;
- the reproduction and representation of the content in PLANNERS' communications relating to the Site and to the Providers appearing on it.
This licence is granted worldwide, for the duration of publication of the content on the Site, extended by a period of thirty (30) days after its withdrawal, strictly necessary for the purging of caches and technical copies.
This licence confers on PLANNERS no right to assign the User Content to third parties outside the purposes set out above.
The withdrawal of content by the User, or the deletion of their account, terminates the licence under the conditions set out above. Reproductions made by third parties or by search engines are beyond the control of PLANNERS.
10. Reporting, moderation and restriction of service
The User undertakes not to upload content that is illegal, misleading, infringing third-party rights or contrary to these GTU. Each User is responsible for the content they publish.
Reporting. Any person may report to PLANNERS content which they consider to be illegal, by email to hello@planners.fr or from the contact form. The report is handled diligently and in a non-arbitrary manner. In order to enable it to be examined, it shall state: the reasons why the content is considered illegal, the electronic address enabling it to be located on the Site, as well as the name and email address of the person making the report, save where the reported content concerns an offence for which anonymity is permitted. The person making the report receives an acknowledgement of receipt and is informed of the decision taken.
Moderation. PLANNERS may withdraw User Content, restrict access to it, or suspend, restrict or terminate an account, where the User's content or conduct is illegal or contrary to these GTU.
Statement of reasons. Any decision to withdraw, restrict, suspend or terminate is notified to the User concerned on a durable medium, with a statement of reasons indicating: the scope of the measure, the facts and circumstances on which it is based, where applicable the use of automated means, the legal or contractual basis relied upon, and the available avenues of challenge. This notification takes place before the measure takes effect or, where urgency, a legal obligation or the protection of Users and third parties so requires, at the time it takes effect.
Prior notification is not due where PLANNERS is subject to a legal or regulatory obligation to withdraw which exempts it therefrom, or where the User has repeatedly infringed these GTU.
Challenge. The User may challenge any moderation decision concerning them, by setting out their observations, by email to hello@planners.fr, for a period of six months from the notification. PLANNERS examines the challenge diligently, in a non-discriminatory and non-arbitrary manner, and informs the User of its reasoned decision. Where the challenge is well founded, the measure is lifted without delay. The examination of the challenge is not entrusted exclusively to automated means.
These avenues of redress are without prejudice to the User's right to bring the matter before the competent court.
11. Communication of the Couple's contact details to Providers
The Couple is informed, before submitting their Request, that the service is based on the communication of their contact details to Providers.
When a Couple submits a Request, it is brought to the attention of the Providers likely to respond to it. Those Providers first access a version of the Request which does not reveal the Couple's contact details.
The Couple's email address and telephone number are then communicated to a Provider in the following two cases:
- where the Provider decides to unlock the Request by spending a credit;
- where the Provider holds a Premium subscription in force: the Couple's contact details are then revealed to them as soon as the Request is consulted, without any further step on their part.
The number of Providers who may thus access the contact details of the same Request is not limited. The Couple is liable to be contacted by several Providers, by email, by telephone or by message.
The Couple's telephone number is verified by means of a one-time code sent by message.
The Provider is authorised to use the contact details thus obtained only in order to respond to the Request. Any other use, in particular canvassing for other services, transfer to a third party or inclusion in a prospecting file, is prohibited.
The Couple may at any time request no longer to be contacted by a Provider and exercise their rights under the conditions of article 13.
12. Ranking of Providers
This article describes the main parameters determining the ranking of Providers on the Site and the reasons for their relative importance.
The ranking is based on an internal score recalculated daily for each Provider. This score results from a profile rating, adjusted by a responsiveness coefficient. It is communicated neither to the public nor to the Provider themselves.
Parameters of the profile rating, in decreasing order of importance:
- The completeness of the profile — the amount of information filled in on the listing. This is the first parameter of the profile rating: an incomplete listing does not enable the Couple to decide, and the introduction fails.
- The richness of the content — the quality and number of photographs and the substance of the descriptions. These elements determine the essential part of the Couple's decision.
- The freshness of the content — how long ago the listing was last updated. A listing which has not been updated for a long time signals a risk of discontinued activity or of out-of-date information.
- The existence of a paid commercial relationship with PLANNERS — described in detail below. This is the least important of the four parameters.
To this profile rating there then apply:
- A responsiveness coefficient, which multiplies the profile rating according to the proportion of requests processed within seven days of their receipt, assessed over the last ninety days. This coefficient may reduce the score by half at most: it is, on that account, the most powerful lever available to the Provider, ahead of the completeness of the profile. A Provider who does not reply is automatically downgraded: directing a Couple to an unreachable Provider does the Couple a disservice.
- A temporary discovery bonus for newly registered Providers, tapering over sixty days, so that a recent registration is not condemned to invisibility.
Effects of the remuneration paid to PLANNERS on the ranking. In accordance with the regulations applicable to online intermediation services, PLANNERS sets out below the direct and indirect influence of any remuneration on the ranking:
- A Provider holding a current Premium subscription benefits from the highest gain in position provided for by this parameter.
- A Provider holding a current Essentiel subscription benefits from a lesser gain in position.
- A Provider who has purchased credits individually, without a subscription, benefits from a smaller gain in position still. The purchase of credits therefore influences the ranking.
- These three gains are not cumulative: only the most favourable is retained. They presuppose a subscription or a purchase in force and cease with it.
- In the Requests channel, at equivalent geographical distance, the Providers in a position to unlock a Request — because they hold a credit or a Premium subscription — are presented before the others. In this context, remuneration therefore produces an additional effect, independent of the score.
- No position may be purchased directly. The amount paid, beyond these tiers, has no effect: paying more does not rank higher.
- Remuneration cannot compensate for an incomplete, poor or out-of-date profile or for a lack of responsiveness, whose cumulative weight is preponderant.
Ranking contexts. The rules differ according to the page consulted:
- Geographical directory: Providers are ranked according to the score described above.
- Keyword search: the relevance of the listing with regard to the terms searched for is preponderant. The score intervenes only to decide between listings of comparable relevance.
- Nearby suggestions: approximately two thirds of the Providers offered are selected according to the score, the remaining third being drawn by random rotation from among the Providers in the area, so as not to freeze visibility.
- Requests channel: geographical proximity to the place of the event takes precedence, then the ability to unlock the Request, then the score.
PLANNERS does not disclose the numerical weighting of these parameters, the disclosure of which would make it possible to manipulate the ranking to the detriment of Users. This reservation does not preclude the description above, nor the rights which the regulations confer on Providers.
Any amendment to the ranking parameters is notified under the conditions of article 4.
13. Personal data
THE GOBELINERS, whose details appear in article 2, is the data controller for the personal data collected on the Site.
The processing operations implemented — categories of data, purposes, legal bases, recipients, retention periods and any transfers outside the European Union — are described in the Privacy Policy, which is the reference document on this matter and to which these GTU refer.
The communication of the Couple's contact details to Providers, described in article 11, is an integral part of the service: it is inherent to the operation of putting parties in contact.
In accordance with Regulation (EU) 2016/679 and French Law no. 78-17 of 6 January 1978 as amended, the User has the following rights:
- the right of access to their data;
- the right to rectification of inaccurate or incomplete data;
- the right to erasure of their data;
- the right to restriction of processing;
- the right to portability of the data they have provided;
- the right to object to processing, on grounds relating to their particular situation;
- the right to withdraw their consent at any time, where the processing is based on it, without such withdrawal calling into question the lawfulness of the processing carried out beforehand;
- the right to lay down directives concerning the fate of their data after their death.
Where data is processed for the purposes of commercial prospecting, the User may object at any time and without having to give a reason. Processing for those purposes is then brought to an end.
These rights are exercised at the address privacy@planners.fr. The Member may also update their data and delete their account from their personal area.
The User has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés:
CNIL3 place de Fontenoy — TSA 80715
75334 Paris Cedex 07
www.cnil.fr
14. Cookies
When consulting the Site, Cookies are liable to be placed on or read from the User's device.
Cookies which are not strictly necessary for the operation of the Site are placed only after the User's consent has been obtained, expressed by means of the banner displayed on their first visit. Until such consent has been given, no tracker subject to consent is placed and the measurement and advertising tools are not loaded.
The banner makes it possible to refuse as easily as to accept, in a single action, as well as to exercise a choice by category:
- Necessary cookies: essential to the operation of the Site and to the provision of the services expressly requested, in particular maintaining the session, security and remembering the User's choices. They do not require their consent.
- Audience measurement: traffic statistics intended to understand the use of the Site and to improve its design and layout.
- Advertising: measuring the effectiveness of campaigns and delivering advertising messages.
The User may change their choices or withdraw their consent at any time, as easily as they gave it, by reopening the Cookie management module accessible from the Site. Withdrawal of consent does not affect the lawfulness of the processing carried out beforehand.
Cookies subject to consent may lead to the collection of information such as the IP address, the characteristics of the device and of the browser, the operating system, the pages consulted as well as the date and time of connections.
Refusal of non-necessary Cookies does not preclude access to the Site or to its services.
Further information on Cookies and the means of controlling them is published by the CNIL on its site www.cnil.fr.
15. Governing law - Language
These GTU and the operations arising from them are governed by French law.
However, where the User is a consumer residing in another Member State of the European Union towards which PLANNERS directs its activity, that choice may not have the result of depriving them of the protection afforded to them by the mandatory provisions of the law of their country of habitual residence, which may not be derogated from by agreement.
These GTU are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text is authoritative in the event of a dispute.
16. Disputes
In the event of difficulty, the User is invited to contact PLANNERS, by email to hello@planners.fr or from the contact form, in order to seek an amicable solution.
All disputes to which these GTU might give rise, concerning both their validity, their interpretation, their performance, their termination, their consequences and their aftermath, and which could not have been resolved between PLANNERS and the User, shall be submitted to the competent courts under the conditions of the general law.
The consumer User may bring proceedings, at their choice, before one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or before the court of the place where they resided at the time the contract was concluded or the harmful event occurred.