Dift, the platform for collecting and donating to associations

The website

www.dift.com

(hereinafter the "Platform") is published by RespUp SAS, a company with a share capital of €22,857.83, headquartered at 42 rue de Maubeuge, 75009 Paris, registered under number 909 928 111 with the Paris Trade and Companies Register (hereinafter the "Company" or "Dift" or "We").

We are a citizen support Platform for responsible projects. Our goal is to promote the funding of projects with strong social or environmental impact, in France or in the European Economic Area. These projects are carried by non-profit organizations.

1 - PURPOSE

These Terms of Use (hereinafter "ToU") define the conditions under which users may access and use the Platform.

This document is a contract concluded between the user of the Platform (hereinafter "You" or "User") and the Company, hereinafter referred to individually as a "Party" and collectively as the "Parties".

Access to the Platform is subject to the User's compliance with the ToU. Accordingly, by browsing the Platform, the User is deemed to have accepted these Terms of Use.

When a User checks the box stating "I accept the ToU and the Privacy Policy of the Platform", they confirm their unreserved acceptance of the ToU. The Privacy Policy and all information regarding the processing of Users' data on the Platform are accessible via

this link

These ToU apply to two types of Platform use, each entailing distinct rights and obligations for the User:

Participation in a Campaign organized by a Patron: a company organizes a vote or consultation among its employees, customers, or partners. The User is invited to vote for one or more pre-selected Projects. In this case, no payment is made by the User.

Direct donation: the User makes a financial donation to a Beneficiary Organization via the Platform. The User thereby becomes a Donor within the meaning of these ToU. In this case, the User proceeds to payment via the payment service provider Stripe.

The articles of these ToU apply to both cases unless explicitly stated otherwise.

2 - DEFINITIONS

For the purposes of this contract, the following terms shall have the meanings set out below:

Association: refers to any foundation, non-profit association governed by the French law of July 1, 1901, or any endowment fund.
Captain Cause Endowment Fund: refers to the French endowment fund, a non-profit organization of which the Company is the founding member, acting in the public interest.
Campaign: refers to the period during which a Sponsor or Patron invites selected Voters to vote for one (or, where applicable, several) Projects from their pre-selection.
Amount: refers to any sum of money collected through the Platform from Patrons and Sponsors for the purpose of supporting and funding one or more Projects offered on the Platform.
Personal Space: refers to the User's personal space (or account) on the Platform, accessible, where applicable, by the User using their login credentials.
Patron: refers to any legal entity that enters into a contract with the Captain Cause Endowment Fund for the purpose of carrying out a patronage operation for its exclusive benefit.
Beneficiary Organization(s): refers to any organization (Association, commercial company, or company holding an accreditation or label) that carries Projects on the Platform and may receive Amounts.
Pre-selection / Pre-selected: refers to the Projects pre-selected by a Sponsor or Patron from a catalog of dozens of Projects, for submission to a vote.
Project(s) or Impact Project(s): refers to one or more projects carried by an Association or a commercial company, to be implemented with the support of Amounts collected through the Platform from Patrons and Sponsors.
Service(s): refers to the services offered by the Company and accessible via the internet on the Platform.
Company: refers to Respup. The Company is responsible for selecting Projects, engaging with Voters through the Platform, and presenting to Voters all the Projects for which they can vote.
Sponsor: refers to any legal entity that enters into an advertising sponsorship contract with the Company for the purpose of supporting a Project.
User: refers to any individual using the Platform, whether for the purpose of voting for one or more Projects (also referred to as a "Voter") or making a direct donation to a Beneficiary Organization (also referred to as a "Donor").
Vote or Voting: refers to the act of designating a Beneficiary Organization that will receive the support of the Sponsor or Patron, as applicable.

3 - SERVICES

The Company makes the following Services available to Users on the Platform:

Create a User account
Browse the Project catalog
Vote for one or more Projects pre-selected by the Patron or Sponsor
Make a donation to one or more Projects
Share the vote on social media
View a presentation of the provisional Campaign results
Track the progress of one or more Projects
Receive project progress updates by email

4 - ACCESS TO THE PLATFORM

Access to the Platform and use of the Services are reserved for individuals with full legal capacity. By accessing the Platform, the User declares being at least 18 years of age or, if a minor, acting with the authorization of their legal guardian. Dift reserves the right to suspend any account held by a minor without parental authorization.

The Platform is designed to provide Users with information to discover the Company's activities, as well as a presentation of the Projects. The Platform also offers features and/or information enabling Users to contact the Company.

However, certain pages of the Site and certain Services are only accessible to Users who have previously set up their Personal Space.

To create their Personal Space, the User must complete the required fields. If this information is not provided, the User's Personal Space cannot be created and they will be unable to access Services that require the prior creation of such a Personal Space — this notably applies when accessing the Platform solely via an identification token.

The Company reserves the right to suspend access to the User's Personal Space and to automatically and without notice suspend the provision of all or part of the Services, in the event of a breach by the User of their obligations or commitments under these ToU.

5 - REGISTRATION AND DESCRIPTION OF SERVICES

When using the Platform, the User acknowledges that access to certain Services may be restricted to Users holding a login (email address) and a password, or, depending on the User's registration method on the Platform, by means of a token generating a unique and strictly personal access link to the Platform. The User is solely responsible for protecting this information and maintaining its confidentiality. The User may register on the Platform either following an invitation from a Patron or Sponsor, or spontaneously on their own.

In particular, a Patron or Sponsor may, if they wish, provide Dift with the email addresses of their employees, partners, or collaborators, so that these individuals may be invited to register on the Platform. In such a case, the Patron or Sponsor in question guarantees the lawfulness and legality of the collection of the corresponding personal data from the individuals concerned, as provided for by the amended French Data Protection Act (loi informatique et libertés).

It is specified that it is each User's responsibility to make appropriate use of the information made available to them, and they remain fully responsible for doing so. Accordingly, if a User transfers or shares their email containing the unique registration link and a third party uses the associated voting right, the Platform will by default consider such vote as valid.

6 - USER OBLIGATIONS

When using the Platform, the User agrees to:

Comply with the provisions described in the ToU and applicable laws, and respect the rights of third parties;
Not upload or distribute illegal content on the Platform, including any content that infringes third-party rights, or that is defamatory, insulting, obscene, offensive, discriminatory, hateful, violent, xenophobic, inciting violence or racial hatred, or any other content contrary to morality and decency;
Not communicate or send, through the Platform, any content linking to illegal, offensive platforms or platforms contrary to the purposes of the Platform;
Not upload or publish on the Platform any content that would conflict with the purposes of our Services;
Not use the Platform to send mass unsolicited messages (such as advertisements).

In the event of a breach of one or more obligations set out in the ToU, the Company reserves the right to deny Platform access to the offending User.

7 - VOTING PROCEDURES

This article applies only to the use case "Campaign organized by a Patron" described in Article 1. The Platform's mission is to ensure the greatest possible transparency in the operation.

Dift therefore presents to Voters on its Platform all the Projects for which they can vote, as pre-selected by the Sponsor or Patron. This presentation will notably include the nature, objectives, main characteristics, and progress of the Projects.

Subsequently, the Platform collects the votes, then presents the results and the allocated amounts. Once the votes are finalized, the Amounts are disbursed to the Beneficiary Organizations.

All Votes are final. The User is informed and agrees that they will not be able to modify their vote. In the event of identity theft by a third party, the User must notify the Platform to determine what remedies may be available.

The voting process currently used by the Platform is as follows:

Each User is allocated by a Patron or Sponsor, depending on the case, a determined Amount (for example: €10) or an individual participation right within a consultation enabling the distribution of a global budget (for example: €100,000).
Depending on the parameters decided by the Patron or Sponsor and the Platform, the User may choose to allocate this Amount by voting for one or more Projects from a list pre-selected by the Sponsor or Patron.
If permitted, and if the User selects several Projects, the Amount will be distributed equally among the chosen Projects.
The User may vote throughout the duration of the Campaign, as decided by the Sponsor or Patron and communicated to the User.
If the User has not voted during the Campaign period, their Vote is deemed not cast. All Amounts corresponding to uncast Votes are pooled and will be allocated to the Projects pre-selected by the Sponsor or Patron, in the same proportion as the results of the votes cast by the Users.

The Platform takes all appropriate measures to demonstrate the proper use of funds by Beneficiary Organizations.

8 - DONATION PROCEDURES

This article applies only to the use case "Direct Donation" described in Article 1.

As part of a direct fundraising campaign organized by a Beneficiary Organization on the Platform, the User may make a financial donation to that Beneficiary Organization. The donation is made via the Platform by following these steps:

Selection of the Beneficiary Organization and the donation amount;
Provision of required personal information (last name, first name, email address, postal address where applicable);
Secure payment via the payment service provider Stripe, whose terms of use are accessible at:
https://stripe.com/en/legal
;
Confirmation of the donation by electronic means.

All donations are final and cannot be refunded, except in the case of a manifest error or duly established fraudulent transaction.

If the Beneficiary Organization is eligible for the tax reduction schemes provided for by the French General Tax Code (Articles 200, 238 bis and 978) and has activated this option, a tax receipt (the corresponding Cerfa form) will be automatically generated and sent to the Donor at the email address provided at the time of the donation. Dift issues this receipt on behalf of and in the name of the Beneficiary Organization.

Dift cannot be held liable for the ineligibility of a Beneficiary Organization for the tax reduction scheme. It is the Donor's responsibility to verify the eligibility conditions applicable to their tax situation.

By making a donation, the Donor is informed that their personal data (last name, first name, postal address, donation amount and date, email address) will be transmitted to the Beneficiary Organization receiving the donation, under the conditions described in the Privacy Policy accessible at

https://dift.com/privacy

. The Donor has the right to object to the transmission of their email address, exercisable by contacting

[email protected]

In accordance with Article L. 221-28 12° of the French Consumer Code, the right of withdrawal provided for in Articles L. 221-18 et seq. does not apply to donations made via the Platform, as these constitute gratuitous gifts to non-profit organizations. Accordingly, any donation validated by the Donor is final and cannot be refunded, except in the case of a manifest processing error or duly established fraudulent transaction.

9 - IMPACT PROJECTS

Each Beneficiary Organization guarantees to the Platform and its Users that the Projects they carry are not contrary to public policy, do not infringe human dignity, are not contrary to public morals, and do not involve any illegal activity. Any User who becomes aware of conduct by a Beneficiary Organization that violates these ToU may notify the Platform, which will take all necessary action with respect to the relevant Project and the corresponding Beneficiary Organization.

10 - PERSONAL DATA PROCESSING

The processing of Users' personal data is carried out in accordance with Regulation (EU) 2016/679 (GDPR) and French Law No. 78-17 of January 6, 1978 on data processing, files, and individual liberties. The detailed terms of this processing are described in the Privacy Policy accessible at:

https://dift.com/privacy

The qualification of data controllers differs depending on the type of Platform use:

a) Campaign organized by a Patron (vote/consultation)

In this case, Dift and the Patron organizing the Campaign act as joint data controllers within the meaning of Article 26 of the GDPR for the personal data of Participants collected in the context of the vote. Participants' data is not transmitted by default to the Beneficiary Organization. Dift acts as a technical intermediary between the Patron and the Beneficiary Organization. Participants are informed, at the time of their registration or participation in the Campaign, of the processing carried out on their data. They may exercise their rights by contacting Dift at

[email protected]

, the single point of contact designated by the joint controllers in accordance with Article 26(1) of the GDPR.

b) Direct collection (donation)

In this case, Dift and the Beneficiary Organization receiving the donation act as joint data controllers within the meaning of Article 26 of the GDPR for the personal data of Donors. The data required for the issuance of the tax receipt is transmitted to the Beneficiary Organization on the basis of a legal obligation. The Donor's email address is transmitted by default to the Beneficiary Organization on the basis of the latter's legitimate interest in maintaining a relationship with its donors; the Donor is informed of this at the time of validating their donation and has the right to object. Donors may exercise their rights by contacting

[email protected]

11 - INTELLECTUAL PROPERTY

The content of the Platform, including its structure, design, interfaces, databases, texts, digital content, trademarks, images, videos, music, as well as all graphic elements and HTML code references (meta-tags), with the exception of content belonging to third parties, is the sole property of the Company. This content is protected by the French Intellectual Property Code and by any applicable national or international legislation.

Users are authorized to display the Platform's pages on their screen solely for personal, temporary consultation and in accordance with the purposes of the Platform as defined in the ToU.

Similarly, the User agrees not to:

Extract, engage in web scraping, transfer, or use, temporarily or permanently, all or part of the Platform and its databases for commercial or other purposes;
Extract or use, repeatedly and systematically, all or part of the information visible on our Platform, where such action manifestly exceeds normal and private use of the Platform;
Exploit, commercialize, or distribute any component of the Platform, including the information available on the Platform and any other databases that may be subject to sui generis protection applicable to databases;
Use software or manual processes to copy our web pages or to record or collect information on those pages without the prior express written consent of the Company;
Use devices or software to disrupt or attempt to disrupt the proper functioning of the Platform, or to take actions that would impose a disproportionate burden on our infrastructure.

12 - SERVICE AVAILABILITY AND MAINTENANCE

The Company uses all available means to provide Platform Users with a quality service. However, we do not guarantee that the Platform will operate without interruption or be free from errors. In general, we do not guarantee the completeness or accuracy of the content and information provided by Beneficiary Organizations via the Platform. We do not guarantee that the Platform will meet Users' needs. It is the Users' responsibility to ensure that they have effective access to the appropriate technical means for using our services.

We reserve the right to temporarily suspend access to the Platform from time to time for maintenance and update purposes. We will endeavor to carry out maintenance operations during non-working hours and to limit their duration.

13 - LIABILITY

The Company shall under no circumstances be held liable for direct and/or indirect damages that may result from the use of content, data, or information of any kind accessible via hyperlinks. It is the User's responsibility to verify that the information on these partner websites is accurate, complete, and compliant with applicable regulations. The application of these ToU does not extend to third-party websites.

The User acknowledges and accepts that the internet network, and more generally any telematic network used for data transmission, may involve risks related to the lack of protection of certain data against potential misappropriation and risks of virus contamination. Accordingly, the Company shall not be held liable for any loss or alteration of data, any loss of profit, revenue, opportunity, time, or any indirect damage, whether such loss or damage is due to negligence or any other cause, in connection with the performance or non-performance of the ToU.

The Company's liability shall not be engaged, except in cases of gross negligence, for any act or omission, non-performance, partial performance, or delay in the performance of its obligations in relation to damage or loss suffered directly by a User as a result of an act or omission by another User or any person connected to them.

Users are solely responsible for all content they transmit on the Platform. Accordingly, Users warrant that they will not transmit content that constitutes an infringement of copyright or, more generally, any intellectual property right, an infringement of persons, or a breach of public order and public morals, under penalty of exclusion from the Platform.

The Platform reserves the right to include links on its Platform providing access to websites, web pages, or applications other than those of the Platform, as well as to redirect the User to other websites, web pages, or applications. Users are expressly informed that the websites, web pages, or applications accessible via these links do not belong to the Platform, which reserves the right to remove any such links from its Platform to a third-party application or website if, in particular, it were to become contrary to applicable regulations or its values. The Company shall not be liable for Users' access via links provided on the Platform to third-party websites or other resources on the internet, nor for the content of information provided by such third-party websites or resources upon activation of said links.

14 - TERM

The contract is concluded for an indefinite period from the date of the User's acceptance of the ToU.

By operation of law, the Company may immediately suspend access to the Platform and the Service in the event of non-compliance with the ToU by the User. In such a case, the Company will notify the User of this suspension by email and formally request that the breach be remedied.

After a period of ten (10) days from this notification remaining without effect, the Company may block the offending User's access to the Platform, without formality and without prejudice to any damages it may seek in compensation for the harm suffered.

We reserve the right to modify the Terms of Use at any time. In such a case, we will publish the new version of the Platform's Terms of Use and will notify you of the change at least 15 days before the new ToU come into effect by means of a pop-up window that will appear when you log in to the Platform.

15 - MISCELLANEOUS

In the event that one or more provisions of the ToU are deemed illegal, unenforceable, or inapplicable by a court decision, the remaining provisions of the ToU shall remain in force, provided that the general economy of the contract is not thereby fundamentally disrupted.

The failure of a Party to require strict compliance with any obligation under these ToU, on any occasion whatsoever, shall not be construed as a waiver of any of the aforementioned rights and shall not deprive that Party of the right to require strict compliance with that obligation or any other obligation under the ToU at any time.

Upon termination or expiration of these ToU, the following articles shall remain in force: Intellectual Property; Liability; Miscellaneous Provisions; Governing Law.

16 - GOVERNING LAW

The ToU are governed by French law. In the event of a dispute, the Parties agree to first attempt to resolve it amicably.

If this fails, all disputes arising between the Parties in connection with the signing, interpretation, validity, performance, and termination of these ToU shall be subject to the exclusive jurisdiction of the French courts, even in the case of multiple defendants and regardless of the type of proceedings (including injunction, appeal, warranty, or petition proceedings).