Terms of Service

General terms and conditions of use and sale of the services provided by WeShake to the Self-Employed Autoentrepreneurs

Welcome to the WeShake interface which can be accessed either through the website https://weshake.io or directly on the AppStore or PlayStore by downloading the WeShake mobile application (hereafter the « Interface or the Application »).

By accessing this Interface, any person accepts without reservation to be bound by all the present general terms and conditions of use and sale (hereinafter the « CGUV ») which he/she confirms to have read in their entirety.

The Interface is operated by WeShake, a French Société par Actions Simplifiée (simplified joint stock company) with a capital of €25,000, registered in the Paris Trade and Companies Register under number 918 285 644, whose registered office is located at 111 avenue Victor Hugo, 75016 Paris (hereinafter « WeShake or the Agent »).

WeShake can be contacted at the following address:

Postal address: 111 avenue Victor Hugo, 75016 Paris
Telephone number: 01 82 28 07 11
Email address: contact@weshake.io

Article 1 – Objet

The purpose of these Terms of Use is to define the terms and conditions of use and provision of the services described below (hereinafter the « Services ») for the benefit of the auto-entrepreneur (hereinafter the « Autoentrepreneur »).

WeShake and the Users are collectively referred to as the « Parties ».

In accordance with the regulations in force, WeShake has obtained the status of payment service agent from the eZyness Electronic Money Institution, in order to offer this service.

eZyness refers to the electronic money institution approved in France by the Autorité de Contrôle Prudentiel et de Résolution under the number CIB 16808 registered on the Register of Financial Agents (REGAFI), accessible on the website www.regafi.fr.

The payment services included in the offer subject of these GCUV are provided by eZyness, under its responsibility in accordance with the stipulations of the GCU (Appendix 1), and offered to the Self-Employed Person by WeShake in its capacity as agent, mandated by eZyness.

These relationships are not exclusive and are not subordinate to any other relationship between WeShake and the Users.

The present CGUV may be completed by specific terms of use for certain services offered on the Interface, which prevail over the CGUV in case of contradiction.

The present CGUV must be validated by the Self-Employed Entrepreneur at the time of its registration on the Interface. Without validation by the Self-Employed Person, the registration process is impossible and the opening of the services is completely blocked.

WeShake reserves the right, at any time and without notice, to improve, modify, alter, suspend or permanently discontinue all or part of the Interface and to restrict or prohibit access to it.

In addition, WeShake reserves the right to modify or update this TOU without notice. All changes shall be effective immediately upon posting. The Autoentrepreneur must regularly consult the latest version of the TOS posted at the following address « https://weshake.io/AEconditionsgenerales » and is deemed to accept it at each new connection to the Interface.

In case of problem, failure or malfunction preventing access to the Interface, Users agree to notify WeShake as soon as possible, by e-mail at the following address contact@weshake.io or by phone at 01 82 28 07 11. contact@weshake.io or by phone at 01 82 28 07 11.

Article 2 - Description of the proposed services

The Interface makes the following services available to self-employed entrepreneurs:

Article 2.1 Provision of payment services including the acceptance and acquisition of card payment transactions initiated by customers, natural or legal persons (hereinafter the « Client ») for the benefit of the Autoentrepreneur (hereinafter jointly the « Users ») below:

Standard banking services

  • Maintaining a business bank account;
  • The provision of an IBAN number;
  • The possibility of making transfers;
  • The possibility to collect money through an integrated system;
  • The possibility to receive money.

Prepaid cards and payment for a third party

The Interface offers the Autoentrepreneur the automatic generation of his invoices. The activation of the payment is triggered by the realization of an event as determined in the contract.  

The Autoentrepreneur holds a prepaid card which is a payment card for a third party allowing him to receive directly the total amount of the service from the Client, including all related fees and expenses which are intended for the third party, without the amount generated passing through the Autoentrepreneur.

Article 2.2 Tools for an Autoentrepreneur

The Autoentrepreneur benefits from the possibility of generating estimates, invoices and credit notes.

In addition, the Autoentrepreneur has the possibility to manage its activity, its prospects, its customers, its development, its risks and its suppliers.

The Autoentrepreneur benefits from an accounting tool, connected to the APIs of the URSSAF which allows him to meet his obligations as an Autoentrepreneur. Thus, the Autoentrepreneur can make his declarations in an automatic way through the Interface, having the possibility of adding invoices in an automatic or manual way.

Article 2.3 Connection between the Autoentrepreneur and the Platforms

The Interface lists all the companies with which it has a contractual relationship (the « Platforms »), which are looking for Autoentrepreneurs to provide services (the « Prestations »). Thus, the Autoentrepreneur who is looking for a job can, thanks to the Interface, transmit all the relevant documents for his business development (including KYC and KYB).

WeShake thus acts as an intermediary between the Self-Employed and the Platforms in order to provide the latter with the documents relating to the Self-Employed.

Furthermore, each Autoentrepreneur connecting to a Platform on WeShake accepts that the following information be disclosed to the Platforms:

  • Number of platforms he/she is connected to
  • If clients are invoiced by the Self-Entrepreneur directly, they will be grouped in « other »
  • Ratio of the turnover corresponding to the turnover generated via the platform on the general monthly turnover.
  • If applicable, the turnover that the platform can make the following month according to its own criteria.

It is understood that no disclosure of the name or the nature of the services performed will be sent by the WeShake interface to the said platforms.

Article 2.4 Legal assistance

WeShake offers its customers a legal assistance option. WeShake works with a law firm that responds to and handles all of its customers' requests

WeShake reserves the right to add or remove at any time and without notice, temporarily or permanently, all or part of the Services offered on the Interface, without any claim or recourse.

Article 3 - Payment Accounts 

In order to benefit from the Payment Services offered by the Agent, the Autoentrepreneur must open a payment account in the books of eZyness (the « Compte de Paiement »).

The Payment Account does not constitute a deposit account and the funds received on this Payment Account do not constitute funds repayable from the public within the meaning of Article L.312-2 of the French Monetary and Financial Code.

The Payment Account allows to record :

  • on the credit side only the payment transactions made by a Client through a payment card;
  • on the debit side, the amount of commissions due to the Agent under the contract;
  • on the debit side, refunds and repayments of unpaid amounts received by WeShake;
  • debit the reimbursement transactions of Clients; and
  • rejects of direct debits and transfers.

The Payment Account does not allow the Autoentrepreneur to carry out any other payment transactions than those mentioned above.

In addition, the third-party collection service involves opening a Payment Account for the Agent, which collects the amount of payments on behalf of the Self-Entrepreneur, as well as opening a Payment Account for the Self-Entrepreneur, which allows him/her to collect the sums intended for him/her under the contract he/she has entered into with the Agent.

The Agent shall also open a Payment Account for the receipt of commissions due to it under the said contract.

Article 4 - Registration on the Interface

Article 4.1: Access to the Interface

The Agent undertakes to use its best efforts to make the Interface available 24 hours a day, 7 days a week, all year round, except in case of force majeure, as defined in Article 19, or the occurrence of an irresistible event, subject to maintenance periods or possible breakdowns for which WeShake shall not be held responsible.

In order to use the Services in their entirety, the Self-Employed User must first register on the Interface and create a Payment Account, according to the procedure described in these Terms and Conditions. The Autoentrepreneur will be required to provide supporting documents in order to guarantee the veracity of the information provided. The registration and the creation of the Account on the Interface are subject to the control and validation of WeShake.

In the event of a malfunction of the Interface, WeShake will do its best to repair the malfunction as soon as possible, without being bound by any obligation of result and without being held responsible for this.

Article 4.2 : Conditions of Registration on the Interface

Self-employed persons accept the present Terms and Conditions by scrolling through the whole text, and by ticking a box intended for them when they register on the Interface.

Any person wishing to benefit from the Services offered by the Agent must first open a Payment Account on the WeShake Interface. In order to do so, in accordance with the regulations relating to the fight against money laundering and the financing of terrorism, the Autoentrepreneur must provide the following elements/documents (« KYC »):

  • Kbis extract or K extract or D1 extract less than 3 months old;
  • A copy of the identity document of the Autoentrepreneur accompanied, if necessary, by a copy of the identity document of his representative as well as a proof of his powers;
  • A copy of the proof of address of the registered office;
  • A document proving the financial situation, at least the turnover; and,
  • Where applicable, the identity document of the natural person mandated to use the Payment Services and proof of authority.

In addition, the Autoentrepreneur commits to provide his KYC elements to WeShake who will transmit the information to eZyness and make the documents available (see eZyness CGU list on the right). Before starting the commercial relationship, the Autoentrepreneur acknowledges and agrees that eZyness validates its account and verifies its KYC elements.

The Autoentrepreneur guarantees that the information and documents provided are complete, accurate and free of defects, and undertakes to update them immediately in case of change. In particular, the Self-Employed Person agrees to inform WeShake in case of any change in his situation, having an impact on the elements he has previously transmitted and thus upload the latest updated documents on the Interface.

Furthermore, the Self-Employed Entrepreneur acknowledges and accepts that WeShake is free to request at any time, additional documents and/or information and to proceed to additional verifications, in particular if the Agent considers that it needs them in order to comply with its obligations of vigilance in the sense of the fight against money laundering and terrorism financing The Contractor agrees to provide all documents required by WeShake, upon first request.

Article 4.3 : Authentication by WeShake

Following the receipt in due form of all the documents and information previously stated, they will be subject to a thorough verification by WeShake or by any third party company specialized in document analysis. In particular, and as stated above, KYC elements are subject to verification and validation by eZyness.

In case of erroneous information and/or documents of any kind, this will lead to the invalidation of the Payment Account. The Autoentrepreneur will not be able to connect or re-register on the Interface. In this case, the Autoentrepreneur will not be entitled to any remuneration for the Services previously performed and legal proceedings may be initiated against him/her.

In case of incomplete registration, it will not be validated.

Furthermore, WeShake reserves the right, at its sole discretion, to refuse the registration of a Contractor on the Interface, for any reason whatsoever or without any reason and without being held responsible for this.

Furthermore, WeShake reserves the right, at its sole discretion, to suspend or terminate, without notice or compensation, any account that is created or used under a false identity or for fraudulent purposes.

The Self-Employed User acknowledges and agrees that WeShake may at any time be required to report to the national financial intelligence unit (TRACFIN) any suspicion of money laundering or terrorist financing. The Self-Employed User expressly waives the right to take any legal action against WeShake on the grounds of breach of professional secrecy, in particular in the exercise by the Agent of its obligation to report suspicions.

Article 4.4 : Account validation

Once the information has been verified and validated, the Autoentrepreneur will receive an email validating the Account, which he/she will be able to access thanks to an identifier assigned to him/her and a password chosen by him/her (hereafter the « Identifiants »). The Identifiers allow the Autoentrepreneur to connect to an account that is personally dedicated to him/her on the Interface, which will allow him/her to update the information provided at registration and to manage the use of the Services in general.

The Autoentrepreneur undertakes to keep his Identifiers secret and remains solely responsible for their use. Any access to the Interface through the use of the Identifiers is deemed to have been made by the Self-Employed Contractor in question. The Self-Employed Entrepreneur shall be responsible for any consequences resulting from the loss or theft of his or her Identifiers and undertakes, in such case, to change them without delay.

The Autoentrepreneur undertakes to use his Payment Account on a personal, confidential and non-transferable basis, and is fully responsible in case of use of his Account by a third party in his name or on his behalf.

Article 5 - Invoicing and Payment Method

The price of the Services performed by the Autoentrepreneur between its customers and itself or platforms and itself are free. The request and acceptance of the connection is the sole responsibility of the Self-Employed, his customers and / or platforms. Weshake does not replace the platforms or the self-entrepreneurs. Each self-entrepreneur is free to set his services, his payment terms and his deadlines for the sales of his services, just as each platform is free to set its own strategies or policies.

Regarding the payment of services provided by the Autoentrepreneur, it is committed to the achievement of or services. Any request for payment is subject to validation of services. In case a customer would oppose to a payment and this whatever the dispute between the autoentrepreneur and his customer, Weshake will then open a dispute for payment, the inherent expenses are the responsibility of the autoentrepreneur who commits himself to pay the direct and indirect expenses.

The activation of the payments of the services performed within the framework of its collaborations with the platforms will be triggered by the realization of an event as determined in the contract between the self-employed contractor and the platform.

The amount of the Services performed by the Autoentrepreneur is first credited to the WeShake payment account, and is then transferred to the Autoentrepreneur's Payment Account.

The Autoentrepreneur's Payment Account is debited with the amount of the commissions related to the Service(s) performed that are due to WeShake for the Services he/she has subscribed to.

The funds credited to the Autoentrepreneur's Payment Account will be paid out periodically depending on the formula chosen by the Autoentrepreneur. This period will be between 48 hours and one week. 

Article 6 - Transaction history

WeShake provides the Autoentrepreneur with a history of the transactions made on the Payment Account during the last 12 months, indicating in particular the date, the transaction number, the amount, the wording, which is accessible on the Interface via the Autoentrepreneur's personal management space.

This information is then classified by month and year allowing the Autoentrepreneur to find at any time the entire history of its transactions.

The Autoentrepreneur acknowledges and agrees to inform WeShake at its request on the origin of the payment transactions, their purpose and the destination of the funds.

Article 7 - Obligations of Self-Employed Contractors and Prohibited Behavior 

Article 7.1 : Obligations of Autoentrepreneurs

The Autoentrepreneur is fully committed to respecting the obligations contained in the present CGUV, and notably all the obligations listed in the present Article.

  • The Autoentrepreneur undertakes to use the Interface and Services in compliance with the laws and regulations in force and without infringing on the rights and safety of third parties or public order.
  • The auto-entrepreneur undertakes to exercise constant vigilance with regard to the confidentiality of his or her Identifiers, for which he or she is and remains solely responsible. In addition, the auto-entrepreneur acknowledges and accepts that he/she is solely responsible for his/her Payment Account, and in particular for the holding and conservation of his/her Identifiers at his/her own risk and peril.
  • The auto-entrepreneur agrees to verify the accuracy of the transaction history as indicated in Article 6 above. The auto-entrepreneur acknowledges and accepts that this transaction history as presented on the Interface via his or her personal management space is authentic and prevails over any other information relating to payment instructions and their execution by WeShake.
  • The Autoentrepreneur agrees to inform WeShake without delay in case of security risk. In particular, the Autoentrepreneur agrees to promptly request WeShake to block his or her Payment Account in writing in the following cases: (i) when he or she becomes aware of the loss, theft, misappropriation, or unauthorized use of his or her Credentials, or of any transaction made and/or debited without his or her authorization, or (ii) when an instruction has been improperly carried out
  • The Autoentrepreneur undertakes to comply with the obligations and regulations relating to the fight against money laundering and the financing of terrorism, in particular by informing and informing the Interface of any unusual payment transaction.
  • The Autoentrepreneur undertakes to carry out the Services in a reasonable manner, with prudence, professionalism and security, in good faith, in compliance with the terms and conditions indicated in the present CGUV.
  • The Autoentrepreneur agrees to use its best efforts to carry out the Service.
  • The Autoentrepreneur acknowledges and accepts the constraints he may face when using the Interface and Services. He/she is aware of the technical constraints for which he/she is fully responsible, in particular those related to the Internet connection on which the quality of the Services will depend.
  • In the event of a problem, failure or malfunction preventing access to the Interface, the Contractor agrees to notify WeShake as soon as possible, by email at contact@weshake.io or by phone at 01 82 28 07 11.
  • The Contractor agrees to personally use the Services without granting, transferring or assigning the rights and obligations arising therefrom to any third party.
  • The Autoentrepreneur guarantees the accuracy and truthfulness of the information and documents he/she provides when registering, as well as when booking Services. The Contractor agrees to ensure that the information and documents concerning him/her and their vehicle are complete and up to date. If not, he/she commits to rectify them without delay.
  • The Autoentrepreneur is solely responsible for the information communicated to the Customers, and to the Platforms if necessary, as well as for the relations and exchanges that will be created between them within the framework of the requested Services. He undertakes to maintain respectful and courteous exchanges.
  • The Contractor agrees to cooperate actively with WeShake and with the Customers, and the Platforms if applicable, in particular by providing them with all the information necessary for the proper execution of the requested Services. In particular, WeShake reserves the right to request at any time any additional document or information from the Contractor, which the Contractor guarantees to provide as soon as possible. If the Self-Employed Person fails to do so, WeShake may suspend or prohibit the Self-Employed Person from accessing the Interface without liability.

Article 7.2 : Prohibited behaviors

Any violation of the CGUV as well as the adoption of a behavior prohibited by the present Article, are sanctioned by the Article 10.

  • It is strictly forbidden to use the Services for purposes that differ from their object.
  • It is strictly forbidden to slow down, harm, interrupt or prevent the proper execution of the Services. Thus, any intrusion or attempt to hack WeShake's systems is strictly prohibited.
  • It is strictly prohibited to send, use, copy, post or permit any posting that is defamatory or obscene or that is abusive, threatening, illegal, indecent or in violation of the privacy of any person.
  • You may not use the Interface to promote any third party site, nor may you employ any maneuver to promote the dissemination of information or links to a third party site.
  • It is strictly forbidden to use the Interface, or to publish or disseminate content that is (i) contrary to applicable laws and regulations, public order and morality, (ii) prejudicial to the interests or safety of third parties, (iii) fraudulent, deceptive or misleading, or (iv) racist and defamatory.

Article 8 - Warranty of the Autoentrepreneurs

The Autoentrepreneurs bear the burden of all complaints, claims, actions and/or demands that WeShake may suffer as a result of the violation, by an Autoentrepreneur, of any of its obligations or warranties under the terms of these GCUV.

They agree to fully indemnify WeShake for any and all claims, losses and/or damages that it may suffer and in such case, to pay all costs, expenses, legal fees and/or charges that it may incur.

Article 9 - Processing of Autoentrepreneurs' Complaints

The Autoentrepreneur may obtain all information relating to the execution of the present GCUV by contacting WeShake under the conditions and terms provided for in the GCUV. The Autoentrepreneur has a direct relationship with the Agent.

The Contractor is informed of the existence of a "Complaints and Disputes" service that he/she can contact in case of problems at the following address: contact@weshake.io.

Thus, any dispute regarding operations or transactions carried out on the Payment Account, the Autoentrepreneur must be made directly to WeShake at the addresses indicated in the present CGUV, as soon as possible, and at the latest within thirteen (13) months following the date of the disputed transaction. 

Furthermore, if the Contractor wishes to make a claim, he/she can contact WeShake by email at contact@weshake.io or by phone at 01 82 28 07 11.

WeShake undertakes to acknowledge receipt of the request within ten (10) working days from its receipt and to answer it within fifteen (15) working days, except in exceptional cases, notably due to the complexity of the request. In this case, WeShake will provide a definitive response within thirty-five (35) business days of receiving the request.

If no solution can be found with WeShake, the Autoentrepreneur who is a consumer has the right to contact a consumer mediator free of charge in case of dispute, in order to find an amicable solution to a dispute arising from the interpretation or execution of the present Terms, according to the conditions set out in Articles L.611-1 et seq. and R.612-1 et seq. They may thus contact the following consumer mediator: ASF Mediator The site lemediateur.asf-france.com is the property of the ASF Association Française des Sociétés Financières, an association registered under number 42/3586 and governed by the law of July 1, 1901, whose headquarters are located at:

24, avenue de la Grande Armée – 75017 PARIS
Tel: 01 53 81 51 51 / Email: asfcontact@asf-france.com

The Autoentrepreneur may also resolve the dispute through the online dispute resolution platform set up by the European Commission, accessible at the following address:  https://ec.europa.eu/consumers/odr.

Article 10 - Consequences resulting from breaches

In case of failure to comply with any of the provisions of the Terms of Use or in case of violation of the laws and regulations in force, WeShake will send a formal notice by registered letter with acknowledgment of receipt to the Contractor, expressing its intention to avail itself of the provisions of this Article. Once the fifteen (15) day period has elapsed after receipt by the Self-Employed Person of this notice, WeShake reserves the right to adopt any measure it deems appropriate.

Thus, WeShake shall have the discretion to suspend, restrict or remove access to the Interface, or any content published on the Interface, without any compensation being claimed, and without any formality, procedure or judicial intervention being required, at any time.

Furthermore, WeShake reserves the right to notify the relevant authority and to take legal action if it deems it necessary.

Article 11 - Unpaid invoices

In the event of an unpaid invoice issued by a Customer's bank, or by a Platform if applicable, WeShake may charge the unpaid invoice to the Contractor by deducting the corresponding amount from the sums received or to be received by WeShake on behalf of the Contractor. If the Agent fails to do so, the Agent may take any action to recover its rights.

Article 12 - Reimbursement

The reimbursement of the Client, or of the Platform if applicable, will be made directly by the Autoentrepreneur on the Interface via his personal management space. The refund is made from the funds available on the Payment Account.

The amount reimbursed is then charged to the Autoentrepreneur:

  • Either by deduction from the amounts collected or to be collected by WeShake on behalf of the Self-Employed Person;
  • Or on his monthly invoice.

Article 13 - Duration of the Services and deregistration

Self-employed entrepreneurs benefit from the Services for an indefinite period.

They can unsubscribe from the Services by sending a request to this end by registered mail with acknowledgment of receipt, to the address listed in the Preamble, respecting a fifteen (15) days notice as of the receipt by WeShake of the said mail.

Unsubscribing from the Services will result in the termination of the eZyness TOU.

Unsubscribing from the Services will result in the suspension of the Autoentrepreneur's account and its various options. He will be de facto disconnected from the platforms to which he is registered.

Article 14 - Independence and Absence of Subordination and Exclusivity

The Parties acknowledge that they are independent partners, put in contact via the Interface, without any subordination link between them.

The Contractor acknowledges and accepts that he/she is working as a self-employed person, without any exclusivity or subordination link with WeShake.

The Contractor is entirely free to develop his or her clientele outside of the Interface and to enter into similar agreements with any other person, entity or company, even if competing with WeShake.

In this respect, the choice of the Self-Employed Contractor to limit his activity to WeShake is his exclusive responsibility and does not allow him to claim any exclusivity or to claim the existence of a subordination link with WeShake, and the Platforms if necessary.

Article 15 - No Liability

Performance of Services

WeShake may refuse to execute any transaction if it is found to be erroneous or incomplete or in violation of applicable laws and regulations. 

In addition, WeShake may suspend any operation or transaction in case of doubt as to the legality of the use of the Payment Account, in particular in case of breach of security of the Payment Account, suspicion of money laundering and/or financing of terrorism or in case of freezing of assets by an administrative authority.

WeShake acts in its own name and does not act in the name of or on behalf of any User. The latter contract directly and strictly between themselves, without the intervention or participation of WeShake. WeShake shall not be held liable for any potential dispute related to the relationship between the Contractor and the Customer, or the Platform, as the case may be.

WeShake shall not be liable for (i) the improper performance or non-performance of the Service by the Self-Employed Person, (ii) the information provided by the Self-Employed Person and displayed on the Interface, even if WeShake has made any verifications of any kind, (iii) the modification or cancellation by the Contractor, the Customer, or the Platform of the booking of the Service and the consequences thereof, or (iv) the non-payment by the Customer or the Platform.

WeShake shall in no event be liable for any direct, indirect, incidental, special, punitive or consequential damages of any kind resulting therefrom, but also in case of unavailability of all or part of the Interface.

The Contractor, the Customer, or the Platform, as the case may be, shall be solely liable in the above-mentioned situations, as well as in all situations that bind them together. WeShake shall not be liable for any act, statement, omission, breach or negligence of any of them, or for any damages arising therefrom. Accordingly, any dispute must be resolved directly between them.

Content of the Interface and Operation of the Internet Network

The Autoentrepreneur acknowledges and agrees that he/she is using the Interface under his/her own responsibility and waives any liability to WeShake in this regard.

While WeShake takes reasonable steps to ensure the accuracy and reliability of the data and other information displayed on the Interface, including that relating to Self-Employed Persons, WeShake makes no warranty in this regard.

In no event shall WeShake, its officers, directors, employees or agents, be liable for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from (i) errors, mistakes or inaccuracies in the content of the Interface, (ii) personal injury or property damage of any kind resulting from access to and use of the Interface, (iii) any unauthorized use of WeShake's secure servers and access to any personal and/or financial information stored thereon, (iv) any interruption of WeShake's servers, (v) any bugs, viruses or other items that may be transmitted to or through WeShake's service by a third party, or (vi) any damages of any kind resulting from any event related to the use of the Interface.

The Self-Employed acknowledge and agree that WeShake cannot be held responsible for their ranking and/or order of display on the Interface, and cannot be held responsible for a lack of visibility.

WeShake declines all responsibility in case of temporary or permanent interruption of the Interface, or difficulties or inabilities to access it, in particular for reasons related to disruptions of the Internet network. Furthermore, WeShake cannot be held responsible for the loss of information related to the Payment Account of the Autoentrepreneur.

The Interface may include hyperlinks that redirect to websites operated by third parties. WeShake is not responsible for the content of these linked third-party websites and is therefore not responsible for the information contained therein that may be linked to the Interface by means of a hyperlink.

Article 16 - Agreement on proof

Self-employed persons expressly acknowledge and agree that:

  • The Identifiers make it possible to validly identify the author of a document and to establish the authenticity of said document,
  • The information entered by the Autoentrepreneurs is binding on them as soon as it is validated,
  • Any electronic document containing the Identifiers of an Autoentrepreneur has the same legal value as a written document signed by him,
  • The operations carried out as well as the mentions registered on the Interface are proof of the reality of the operations carried out within the framework of the proposed Services and constitute the main accepted mode of proof,
  • The history of transactions as presented on the Interface via its personal management space is authentic and prevails over any other information relating to payment instructions and their execution by WeShake.

Article 17 - Confidentiality and protection of personal data 

Conformément aux lois et règlements en vigueur relatives à la protection des données personnelles, WeShake recueille certaines informations ou données personnelles afin d’assurer le bon fonctionnement de l’Interface et de la mise en relation. WeShake garantie notamment le respect du Règlement (UE) 2016/679 du Parlement Européen et du Conseil du 27 avril 2016 relatif à la protection des personnes physiques à l’égard du traitement des données à caractère personnel et à la libre circulation de ces données ainsi que la loi n˚78-17 « Informatique et Libertés » du 6 janvier 1978 telle que modifiée par la loi du 20 juin 2018 (ci-après dénommées collectivement les « Lois et Règlements »).

Collected data

When registering, Users are informed of the essential data, indicated by an asterisk, in order for WeShake to process and validate their registration on the Interface. In case of refusal or failure to provide any of these data, the registration will not be validated and the Interface cannot be used.

WeShake reserves the right to collect the personal data of the Users.

Use of collected data

L’utilisation et le traitement des données collectées par WeShake est indispensable afin de permettre aux Utilisateurs d’accéder à l’Interface et de l’utiliser. De plus, ces données sont nécessaires à l’exécution des CGUV, au développement de l’Interface et à l’amélioration de son  fonctionnement.

The Self-Employed hereby expressly authorize WeShake to provide all the required information concerning them in its possession to the Customers and the Platforms.

The automated processing of personal data consists of profiling and thus using such data to evaluate certain aspects of the data subject, and to analyze or predict his/her interests, behavior and other attributes.

Self-employed persons authorize WeShake to provide certain information to its technical service providers in order for them to benefit from certain features of the Interface.

WeShake is committed to ensuring that the personal data collected is secure and kept confidential.

Conservation of collected data

Personal data is kept in order to meet the needs of the Self-Employed and for WeShake to fulfill its legal obligations.

Personal data is kept by WeShake for the duration necessary to perform the Services and/or until the closure of the Payment Account, in accordance with legal and regulatory obligations.

Only certain data may be retained for a period of three (3) years following the time required to perform the Services and/or close the Payment Account.

Par ailleurs,  WeShake peut être amené à conserver certaines données en vue de  satisfaire aux obligations légales et règlementaires, notamment afin de faire valoir ses droits et/ou à des fins statistiques ou historiques. En effet, dans le cadre de toute demande effectuée par les autorités administratives ou judiciaires, WeShake peut être amené à communiquer des données personnelles.

At the end of the above-mentioned periods, the personal data collected will be deleted or made anonymous by WeShake.

Les données personnelles sont traitées par WeShake ainsi que par les prestataires techniques qui soutiennent l’activité (hébergeur du site, moteurs de recherches …) agissant en qualité de sous-traitant de WeShake. Les Autoentrepreneurs reconnaissent et acceptent que WeShake communique ses données personnelles à des partenaires ou sous-traitants dont une activité leur a été externalisée pour l’exécution des Services.

In the event of a claim, Self-Employed Users acknowledge and agree that WeShake may disclose their personal data to its insurer if necessary.

Collection and Use of Non-Personal Information

Like many commercial organizations, WeShake monitors the use of this Platform by collecting aggregate information. WeShake may automatically collect non-personal information about Self-Employed Users, such as the type of Internet browser they use, the web pages they visit, or the website that directed them to the Interface. This information does not identify Users and is used only to help WeShake provide effective service on this Interface.

Commitments and rights of the Autoentrepreneurs

Self-Employed Contractors agree to:

  • à respecter les dispositions des lois et règlements en vigueur et notamment les Lois et Règlements relatives à la protection des données personnelles auxquels ils ont accès dans le cadre des Services, et leurs conséquences éventuelles et plus généralement de l’utilisation de l’Interface;
  • not to use the personal data relating to their Customers, and to the Platforms if applicable, in particular for commercial purposes, and to process them within the framework of the execution of the Services and with the sole objective of providing the best Services;
  • à conserver lesdites données personnelles uniquement pour la durée des Prestations et leurs conséquences éventuelles et procéder par la suite à leur destruction sans délai ;
  • à recueillir le consentement des Clients et aux Plateformes le cas échéant, pour toute collecte et traitement de leurs données personnelles, tout en les informant des conditions de cette collecte ainsi que des droits dont ils disposent relativement à ces données ;
  • à garantir la protection, la préservation de la sécurité, et la conservation de la confidentialité des données personnelles des Clients et aux Plateformes le cas échéant ;
  • to communicate valid and up-to-date data on their situation;
  • agree to be profiled by WeShake for quality and security purposes; and,
  • not to disclose the personal data of any third party with whom they come into contact in the course of providing the Services.

Les Autoentrepreneurs bénéficient d’un droit d’accès, de rectification, de suppression, de portabilité de leurs données personnelles, d’opposition au traitement de leurs données collectées et traitées par WeShake en adressant une demande accompagnée d’une copie de leur carte d’identité à l’adresse courriel suivante : contact@weshake.io or by paper format to the WeShake address indicated in the Preamble.

Si malgré les efforts employés par WeShake pour préserver la confidentialité des données personnelles des Utilisateurs, ces derniers estiment que leurs droits ne sont pas respectés, WeShake leur rappelle qu’ils  disposent de la possibilité de saisir l’autorité nationale de contrôle en matière de traitement de données (en France : https://www.cnil.fr/fr/plaintes).

Warning

Autoentrepreneurs expressly acknowledge and agree that, when they provide personal information on the Internet, this information may be collected and used by third parties.

Use of Cookies

WeShake receives and records information from Users' browsers or smartphones when they use the Interface and uses "cookies" to collect this information. Cookies" are small removable data files, containing no personal information, that are automatically stored by the User's web browser or smartphone. They allow Users to carry information on the WeShake Interface without having to re-enter it. They contain information about the use of the Interface without allowing WeShake to identify the User. They are used for advertising and audience measurement purposes (number of visits, pages viewed, ...)

In case of refusal of the " Cookies ", WeShake does not guarantee the optimal functioning of the Interface.

The Self-Employed User acknowledges and agrees that WeShake reserves the right to install a "Cookie" on his/her computer or smartphone in order to record any information related to his/her navigation on the Interface.

If Users do not wish to have a cookie placed on their computer or smartphone, they may set their browser or smartphone to do so by following the procedure described in the following link « https://www.cnil.fr/fr/les-conseils-de-la-cnil-pour-maitriser-votre-navigateur ».

Article 18 - Intellectual property rights

The design and content of the Interface, as well as the texts, databases, layout, scripts, hypertext links, graphics, visuals, interactive functions, software, drawings, images, logos, videos, sound elements, codes, and the trademarks, service marks, corporate names, trade names, and other intellectual and industrial property rights (hereinafter the « Droits de propriété intellectuelle ») contained therein are and remain the exclusive, full and complete property of WeShake and are protected by the Intellectual Property Rights and by the laws of the country in which they are located, and other intellectual and industrial property rights (hereinafter the « Intellectual Property Rights ») contained therein are and remain the exclusive, full and complete property of WeShake and are protected by the Intellectual Property Rights and the rights of the producers of databases in force.

The use of the Interface does not imply the authorization or the transfer of a right of exploitation of any content appearing on the Interface. Any use, reproduction, distribution, adaptation, translation or representation, in whole or in part, of all or part of this Interface, by any process whatsoever, and on any medium whatsoever, is strictly prohibited and constitutes an infringement punishable by the Intellectual Property Code, unless expressly authorized in writing and in advance by WeShake in its capacity as author and holder of all Intellectual Property Rights.

WeShake reserves the right to take legal action and to claim compensation for the entirety of the damages against any person who violates this prohibition.

Only private and non-commercial use is permitted, subject to compliance with the Intellectual Property Rights.

Article 19 - Force majeure

Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the French jurisprudence: total or partial strikes, internal or external to the company, lock-out, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory modification of the forms of commercialization, computer breakdown, blockage of means of telecommunication, including networks, and any other external, unforeseeable and irresistible event, independent of the express will of the Parties and preventing the normal execution of the present GCUV.

Article 20 - Other clauses

In the event that one of the provisions contained in the present CGUV is declared wholly or partially null and void by virtue of a law, regulation or judicial decision, this annulment or invalidity will not affect the other provisions of the CGUV, the terms of which will remain fully in force and will retain their full and complete effect. WeShake may in this case proceed to the drafting of a new provision while respecting the positive law applicable to the CGUV.

Article 21 - Applicable law and jurisdiction

The present CGUV are subject to French law.

Any dispute or litigation that may arise in the context of these CGUVs, and in particular in the context of their interpretation or execution, and that is not resolved amicably within thirty (30) days of its occurrence, will be submitted to the competent courts of the jurisdiction of the Courts of Paris, notwithstanding a plurality of defendants or a call for guarantees, if applicable.

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