Terms & Conditions

updated the 16/10/2018

Art 1 - Scope

Chronotruck is a freight forwarder and is providing expertise through this web portal and its mobile application(s). These services are governed by these General Terms and Conditions for Use. As a freight forwarder, Chronotruck organizes the shipments of an ordering party (hereinafter the Sender), selecting a carrier (hereinafter the Carrier) and ensuring the smooth running of the service provision. Chronotruck invoices the ordering party on the fare basis applied to so-called services and enters into contract with the carrier who invoices it in turn.

Art 2 - Contractual Terms

It is hereby stated that all carriers that are registered in Chronotruck's marketplace provide their services by adhering to these Conditions and the AXA insurance contract thereafter as well as the General Standard Contract of Transport published by the Ministry of Sustainable Development in France or the CMR convention in Europe, whose links are provided below the present conditions. In this respect, the acceptance of the present Terms of Use by the Users, Carriers or Shippers, necessarily implies the explicit and unconditional acceptance of the AXA insurance contract and of the General Standard Contract of Transport published by the Ministry of Sustainable Development in France or of the CMR convention in Europe. The rights and responsibilities of the parties, not agreed herein, and not in opposition to the latter are therefore governed by this Standard Contract pursuant to article L 1432-4 of the Transport Code in its version applicable on the transport’s day in France or by the CMR convention in Europe. The goods’ delivery to the carrier is equivalent to the explicit and unconditional acceptance of these conditions and to the waiver by the sender of his own General Terms and Conditions of Purchase, or Special Conditions and other General Terms and Conditions issued by him. The user expressly acknowledges that any complaint issued for any reason whatsoever will be dealt with on the basis of the Chronotruck General Terms and Conditions for Use in force, on the day of the shipment. In particular, the Carrier waives any contradictory clause to these conditions which could appear in its delivery slip / consignment note / Haulage document - CMR (Convention on the Contract for the International Carriage of Goods by Road).

Chronotruck act as a freight forwarder, duly registered with the Regional Directorate for Environment, Development and Housing (DREAL), and has all the guarantees of professional liability (insurance) that comply with this activity. It thus brings to clients ordering party all the guarantees specific to this activity, in particular as regards the good achievement of the service.

Art 3 - Modification of the General Terms and Conditions for Use

The General Terms and Conditions for Use of the service are made available to Users on the Website and on the Mobile Application. In order to reflect changes to legislation or to Services, Chronotruck may modify the General Terms and Conditions for Use at any time and without notice. Users will be informed by e-mail and via news item on the Website and on the Application. Users refusing the General Terms and Conditions for Use will have no choice but to discontinue using the service.

Art 4 - Definitions

Application: chimes in with the mobile applications available on any electronic terminal allowing access and to use of the service.

Delivery slip/consignment note/Haulage document (CMR): This is an official document that finalizes the contractualization of the service requested by the customer and conducted by the carrier. The slip includes, in particular, the description of the goods to be transported, the pick-up and delivery addresses, and any reservations that have arisen as a result of a dispute. Internationally, this slip is set as specific way, according to the Convention on the Contract for the International Carriage of Goods by Road (known as CMR). Each Carrier is free to use its own delivery slip/consignment note/haulage document (CMR), but waives the application of any contradictory clause to these conditions which would be provided within this document.

Parcels - Merchandise: means the products and goods for which a shipper does a transport request from point A to point B.

Freight forwarder: hereinafter referred to as a transport organizer; any service provider is defined here as organizing and implementing, under his responsibility and in his own name, in accordance with the law in force and particularly the provisions of Article L 132-1 of the Commercial Code, the carriage of goods by the ways and means of his choice, for a principal account.

Shipper: refers to the user who may be the source of delivery request, and who can procure the services with Chronotruck. It may also be a business of all types of professional activity, as well as more specifically, a business of freight forwarders looking for subcontractors. It may also be any French or foreign commercial law company governed by European tax law and having to comply with French law on trade and taxation when placing an order for transport through the service.

Site: matches the www.chronotruck.com website providing access to Chronotruck services.

Carrier: any undertaking authorized to conduct transport services with its own unique vehicles and registered for this purpose with the DREAL (Regional Directorate for Environment, Planning and Housing) and the Police Headquarters of its registered office and which in the framework of the Chronotruck service actually performs the service as the actual carrier of the goods, excluding any subcontracting activity.

User: Any company that is registered on the Chronotruck site and wishes to make a request for transport service (sender) or carry out transport (carrier). More generally any company using the service or its employees or subordinates using all or part of the service.

Art 5 - Access to the Chronotruck service

The registration is done via a form accessible all over the pages of the Site. Registration on the Site is free. The User will have to complete a dedicated form made available to him, according to accessible online instructions, and provide the required information for his identification. He must fill in all fields identified as mandatory on the form. The User agrees to provide truthful, accurate, up-to-date and full details about his identity, the identity of his company and any information requested in the registration form. The user must accept the General Terms and Conditions for Use without restriction. The User should be assigned an ID and a own personal and confidential password, in order to allow him to use the services accessible on the Site and provided to subscribers.

The selected ID maps to an User’s e-mail, allowing to communicate with the latter. The user has the obligation to keep some confidentiality in his ID and password at all times.

The Registered User will receive an e-mail message at the address he has specified, confirming the validity of his e-mail and his registration. As soon as this is validated or when the user reconnects to the site, the user is registered on the Site for an indefinite period.

The registration serves as irrevocable permission given by the User to Chronotruck to use the information submitted in order to be able to realize the services available on the platform, specifically executing shipments requests by finding available carriers. Data collection and processing details are explained in the dedicated article.

The user agrees to regularly update his personal information. He may carry out any necessary changes to the registration data provided when access to services after identification.

He may decide to terminate its registration through email to the address clients@chronotruck.com at any time. The cancellation will come into effect within a maximum of 7 (seven) working days after receipt of the said email, subject to any unwinding of the transactions in progress with the User (in particular the possible payments of services). Login and personal data will then be deleted from the application and the remaining data will be archived according to the data collection and processing policy of Chronotruck depending on concerned data, as detailed in the dedicated article of the present Terms and Conditions.

Art 6 - Users Commitment

The User agrees to:

  1. Communicate accurate data when registering on the Site. In the event that the User provides false, inaccurate, obsolete or incomplete data, Chronotruck will be entitled to suspend his account temporarily or permanently without notice and to deny him access to all or part of the service after the User has provided, a formal notice remained ineffective.
  2. Guarantee the authenticity and completeness of the information exchanged with the other Users of the service and Chronotruck, in particular for each request for a service made by a sender or acceptance of this request by a carrier. Such information shall not infringe any law or regulation (including, without limitation, those governing export controls, consumer protection, unfair competition, discriminatory practices or misleading advertising), disrupt the operation of the service in any way or impair its integrity. In the absence of this commitment, Chronotruck may, after unfruitful giving notice, temporarily or definitively suspend the User's account and deny him access to all or part of the service.
  3. Regularly update all of his information via his member area.
  4. Respect all obligations imposed by the General Data Protection Regulation and make sure all its providers and subcontractors respect them regarding all data which could be transmitted by Chronotruck as detailed in the "Data Collection and Processing" Article of the present Terms and Conditions.

In the event of non-compliance with these commitments, Chronotruck reserves the right to give warnings, to temporarily or permanently deactivate a User account for any reason that Chronotruck considers legitimate, without notice or justification.

Art 7 - Shipper's Obligations

The company will avail of an intracommunity VAT number and will be responsible for any repayment of Value Added Tax to which it should or may not be subject, whether in France or in the country of origin of its registered office. The company must be legally registered with its country of origin and be able to present, on request, its registration number: SIRET and / or SIREN, or equivalent for any country other than France. In the event of a possible exemption from VAT, the latter will still be invoiced to the sender and may be reimbursed (in the event of a dispute or compensation), via Chronotruck, and the sender will do his / her own exclusive business to the State, without the carrier conducting the performance, nor Chronotruck being able to be really worried in any way whatsoever if the shipper fails to fulfill his obligations.

Art 8 – Carrier’s Obligations

A - Registration and legal deeds

The carrier must be registered with DREAL at its registered office so that Chronotruck can verify that it fully complies with all the regulatory requirements required for the exercise of its profession, namely, and without limitation: professional competence, financial capacity, professional capacity of the manager, transport licenses and licenses per vehicle used. The carrier must be able to prove that he / she has the statutory insurance compulsory for the exercise of his profession. In addition, upon first accepting an application on the site, the carrier must provide:

  • his community authorization (vehicles> 3.5 tonnes payload) and his internal transport license (<3.5 tonnes payload)
  • an incorporation certificate of less than 3 months
  • a declaration of provision of social statements from the welfare agency responsible for collecting social contributions (URSSAF) issued within the last 6 months
  • a certificate of professional insurance
  • a sworn statement of regularly using employees who are authorized to work on the French Territory

This information should be sent to each update. All such documents shall also be communicated immediately upon the explicit request of Chronotruck. The impossibility for the carrier to provide Chronotruck's explicit request for all of this information within 24 business hours can justify its immediate exclusion from the portfolio of carriers referenced by Chronotruck. The use of the service includes the geolocation of the vehicles of the carrier thanks to the smartphones of the drivers or any other mean implemented by the carrier connected to the Chronotruck application. If it has not already done so, the Carrier undertakes to make a declaration to the French National Agency regulating Data Protection (CNIL) according to the simplified standard 51 as regards the geolocation of employees' vehicles. In addition, he undertakes to inform all its employees for the use of the Chronotruck geolocation service. He or she must do so by posting or hand-delivering a memorandum to each person involved. This memorandum itemizes the modalities of the treatment, its purpose, recipients of the information and the period of retention, as well as the rights of access and rectification and opposition for legitimate reasons. It also mentions the possibility of disabling the geolocation function or any other comparable implemented mean, in particular if the geolocated telephone is used outside business hours. Chronotruck provides the carrier with a memorandum's template.

B - Europeans transport providers outside France

For European carriers outside France wishing to register on Chronotruck, the regulatory obligations equivalent to those requested to French carriers will be required: authorization to practice, insurance to the conventions of the haulage document CMR, tax registration, and without limitation. In the same way, Chronotruck reserves the right to exclude any European carrier outside France who withholds the information concerned within 24 hours.

C - VAT management

In the event of a VAT exemption, the VAT may still be paid to the carrier or refunded to Chronotruck (in case of dispute or compensation) and the carrier will have to deal exclusively with the repayment of VAT to the carrier without the other parties being able to be worried in any way whatsoever if the carrier fails to fulfill its obligations.

D - Billing to Chronotruck

Chronotruck, a freight forwarder, enters into with the carrier who has held the service submitted by the client on the Chronotruck website and mobile application. The Carrier invoices Chronotruck according to the price fixed with Chronotruck via the service.

E –Co2 Information

In accordance with article 228 of the Act of 12 July 2010 on national environment commitment, the carrier shall be obliged to provide Chronotruck with information on the Co2 used during the provision of transport. Chronotruck provides a minimum estimated basis calculated for a SPL Heavy duty, available in the Shipper's member area and on his bill. Nevertheless, the carrier shall be obliged to provide Chronotruck with accurate information calculated on the actual vehicle used, in particular if the sender requests it.

F - Sub-contracting

Chronotruck, a freight forwarder, fosters the direct link between the sender and the carrier carrying out the mission through its web site and its applications. As such, the carrier having booked the offer submitted by a principal, therefore waives any exclusion of liability related to an appeal against a potential sub-contractor. Similarly, the rating assigned by his or her clients cannot be challenged because of the use of a potential sub-contractor. The use of a carriers' network is authorized as soon as the carrier having booked the provision notifies the sender and continue to comply fully with its legal obligations referred to in these GTCU regarding the sender (in particular direct compensation). In the event of breach of its obligations, Chronotruck may declare the immediate exclusion of the carrier involved.

Art 9 - Quality of the carriers and service in its entirety

Chronotruck does not guarantee the carriers a selection by shippers. Nor can the Shipper have the ability to choose a specific carrier for the delivery of the goods. Chronotruck does not guarantee the Shipper the ability of carriers to answer on the Site. The Users of the services act with full knowledge of the facts and are responsible for the services performed via the platform and their potential consequences. The quality control of the services will be carried out in particular by assessments and analysis of the litigation which the shippers and the Carriers are invited to report after the completion of the services in accordance with article 12.

It should be stated that, in the framework of the follow-up of the quality of services provided through Chronotruck, the non-resolution of a dispute between a shipper and a carrier may give rise to the exclusion of the carrier and/or the sender from the service, upon Chronotruck's request, without prior warning or notice, that users expressly agree. Similarly, Chronotruck may exclude any user whose actions would be contrary to these conditions of use, including but not exclusively, because such behavior would entail or could lead to a potential dispute with the other party.

Art 10 - Financial Conditions

Chronotruck shall invoice the ordering party for its transport services according to a scale described in article 11. It then enters into contracts with the carrier at the time when the latter books the offer of transport services and is invoiced by the latter according to another scale. The carrier has access to the ordering party scale, in order to avoid any confusion about the amount of the service.

Art 11 - Shippers pricing

A cost estimate will be created for the sender on the Chronotruck platform, once its request's details and specifications its has entered in a full and exhaustive manner. Once the cost estimate has been accepted, the tariff proposals contained therein shall be binding on the shipper. Before acceptance by a Carrier, the Shipper may cancel its request without costs.

After acceptance by a Carrier, the cost estimates commit both parties, Shipper and Carrier, who undertake to carry out the request. Any cancellation will result in penalties billed to the party initiating it and described in article 14, which the parties acknowledge and agree. As such, the volume, weight, dimensions of the miscellaneous goods and parcels, pick-up and delivery addresses, and any comments thereto, as well as the potential options mentioned in the cost estimates, must be maintained for the duration of the contract. Any variation in the rates will be automatically applicable in case of modification of one of the components of the prices accepted by the Sender, or of any error emanating from it, including and without limitation: inaccurate dimensions or weights, incorrect address, unknown contact, unsuitable means of handling, accessibility of heavy goods vehicles, not provided for and not indicated, specific accessibility or any other failure to declare the requested service. In this respect, it shall be stated that during its transport requests entry, the Sender is entitled to enter comments involving delivery particularities he asks. The sender shall be responsible for all the consequences of an absence or inadequacy of such comments. In particular, the Shipper undertakes to assume all responsibility for a defect in conditioning, packaging, branding or labelling, as well as a breach of the obligation to inform and report the nature and the characteristics of the goods, for example with respect to dangerous goods. The Carrier price is all inclusive (including tolls, gasoil taxes, tunnels, bridges, etc.): no additional fees can be accepted after validation of the cost estimate, apart from failures opposable to the shipper in its expedition description. On those bases, rates are calculated by Chronotruck according to the prices algorithm developed internally and are based on several criteria, including but not limited to: estimated driving time, estimated handling time, the average cost price of the profession and cost indicators provided by CNR (Comité National Routier), the volume and weight of the goods to be transported, the urgency of the service. These prices are likely to evolve according to the different cost prices impacting the transport services. As such, the Chronotruck warranty service is only valid in relation to the price provided at the time of validation of the order and can not guarantee the same price for the same service over a given period. Chronotruck's aim is to ensure prices to carriers, at least equal to their cost prices. Given that selling at a loss is strictly prohibited in France. The options are applied according to customer requests and are also subject to be adjustment. However the price of the options will always be displayed prior to any order so as to maintain full transparency in their application. Rates shall be deemed to have been approved at the time of the request's validation.

Art 12 - Litigation / Reservations

All disputes arising during a transport service, whether during loading and/or unloading or during the service itself, whether they relate to the googds or not (delay, accessibility, etc.) must duly reasoned and stipulated on the delivery slip (DS), the consignment note or the haulage document (CMR). These reservations must necessarily have been the subject of a signature (a signature by a person entitled to represent the company loaded or delivered) on the delivery slip involved. Chronotruck provides shippers and carriers a web platform and a call center to manage disputes related to a service. If one of the parties requests it, Chronotruck will intervene in the management of the dispute as a commission agent and will have full discretion to issue a notice in accordance with the applicable laws and adjust the price of the service upward or downward. According to the terms of article 11, and according to the circumstances, additionally or not, according to the penalties described in article 14, which the users acknowledge and accept. If the shipper's involvment is to be made by the carrier, the carrier must provide proof by all means necessary for this purpose: picture of the goods with condition of pallets, parcells or packaging, unacknowledged and unspecified accessibility for a truck, incorrect addresses, no required necessary options, etc. The sole declaration of the driver having performed the service will not be admissible. Given that all reservations of any kind must be confirmed by registered letter with acknowledgement of receipt to the attention of Chronotruck or the carrier within 3 business days after the delivery. Inasmuch as the words "subject to opening" is null and void. All these steps are mandatory for Chronotruck's regulatory insurances or carriers to apply. Failure to comply with this procedure may lead to the refusal of coverage by the insurers of the disputes, even if they are true. For this reason, neither the carrier nor Chronotruck could be involved if the various documents which constitute the legal evidence of the dispute or reservations are missing, incomplete, or sent after the statutory deadlines. As part of the services proposed by Chronotruck, and more specifically its intervention in the resolution of disputes, the shipper must imperatively send Chronotruck a hard copy of the confirmation letter with the photocopy of the receipt as well as the relevant delivery slip or the haulage document (CMR) and any other matter relating to the dispute. Chronotruck may question each of the parties to the dispute and request any information or additional information. At the end of the examination of the dispute, Chronotruck will have the discretion to issue an opinion according to the applicable laws and adjust the price of the service and proceed to any compensation on the means of payment provided by the parties. The users acknowledge that Chronotruck's decision applies to them and undertake not to object to the possible compensation of their payment method.

Art 13 - Shippers and Carriers Billing

Shippers and carriers expressly authorize Chronotruck to issue each invoice in electronic format. The invoicing and payment methods are specified on the site and on the application when Shippers and Carriers accept the cost estimates. Under no circumstances the shipper could pay the carrier directly without going through the terms of payment made available to them by the platform. Only payment via the platform guarantees to the parties the opportunity to benefit from the Chronotruck services before, during and after the service Chronotruck invoices the legal collection fees of €40 per unpaid bill.

Art 14 - Shippers and Carriers Compensation

As a reminder, any dispute or breach resulting solely from an inaccuracy of the data provided by the Shipper during its request for transportation may give rise, on Chronotruck's decision, to a price adjustment as described in section 11, which users acknowledge and accept. For other cases, the following damages, including the Chronotruck commission, will be calculated and payable to the ordering party:

In the event of a delay outside a restrictive slot: no extra-pay nor penalties may be required if the delivery takes place within 24 hours of the estimated delivery window.

In the event of a delay in delivery timeframes or delivery of 2 h: below 2 hours late, no penalty; over 2 h, 10% of the price of the delivery.

In the event of a delay in delivery timeframes of 1 h: below 1 h of delay, no penalty; over 1 h, 10% of the fare.

In the event of a delay between 24 h and 48 h in relation to the delivery deadline: penalty of 25% of the invoiced price. In the event of a delay of more than 48 h in relation to the delivery deadline: penalty of 50% of the invoiced price. If there is a difference in the weight to be transported: up to 10% higher than the weight declared by the customer, no penalty; when the weight exceeds more than 10%, a price increase proportional to the exceeding, up to a limit of 100% of the advertised price. Given that in this case the responsibility of the shipper may be questioned if the service involved is expected the carrier to perform authorized overloading on his vehicle. Any fine will be passed on to the sender by the carrier, who accepts it. In case of inaccessibility of the loading address or impossibility to load the goods due to a lack of information of the sender: the sender will have the choice: a) to cancel the shipment in which case, 50% of the advertised price will be due; (b) to allow the carrier and his vehicle to wait for an emergency solution and allow loading: in this case a fixed rate of €55 excl. VAT per hour will be charged per hour of waiting with a maximum of €600 excl. VAT per 24 hours. The carrier may refuse to wait beyond originally scheduled loading slot, which case the shipment will be canceled with the penalty due by the sender in a).

In case of inaccessibility of the address of delivery or refusal of delivery of the recipient: the sender will have the choice:

  • a) to have the goods returned by the carrier to the point of departure, in which case the advertised price shall be, plus 100% (including options), within the repatriation times chosen by the carrier without exceeding 72 hours.

  • b) to have the carrier and his vehicle waiting for a backup solution: in this case, a flat rate of €55 excl. VAT per hour will be charged, per hour of waiting with a maximum of €600 excl. VAT per 24 hours . However, the carrier will not be required to wait beyond the initially scheduled delivery window. However, the carrier is not required to wait beyond the originally scheduled slot. In such a case, the overtime required to reorganize a delivery will be invoiced at the fixed price of €55 excl. VAT per hour.

In case of representation of the carrier due to the impossibility of loading or unloading during the 1st visit which has not led to cancellation: 55 euros HT for a light commercial vehicle, 99 euros HT for a heavy truck / semi, to which will be added an overnight contractual compensation if the driver was immobilized until the next day.

In the event of loading or unloading of the merchandise causing the vehicle to be detained for more than 1 hour: Chronotruck specifications including one hour of immobilisation, any additional hour of immobilization will be invoiced to the sender €55 excl. VAT per hour. Any hour begun is due in full.

In case of cancellation prior to loading on initiative of the shipper or the carrier:

  • up to 6 working hours before loading (working hours from 8 am to 6 pm from Monday to Friday), € 24.90 excl. VAT
  • less than 6 working hours before loading 35% of the advertised price with a minimum of 24.90 excl. VAT

In case of cancellation after loading and before delivery: the advertised price will be, and will be added, if the vehicle is geolocated with less than 50% of the journey already carried out: 50% of the advertised price; with more than 50% of the journey carried out: 100% of the advertised price, necessary for the return of the goods. Generally speaking, in case of delayed delivery, the compensation due for all justified damages cannot exceed the amount of the transport price (duties, taxes and miscellaneous charges included) and excludes direct, indirect, material damage and intangible assets such as loss of market, profit, luck, loss of enjoyment, shutdown of production etc. This clause applies in all cases without exception and automatically falls within the scope of the General Standard Contract of Transport published by the Ministry of Sustainable Development in France and of the CMR convention in Europe, attached hereto.

In case of multiple addresses of loading or delivery not foreseen in the expedition:

  • a flat rate of 35 € excl. VAT will be added for each unloaded loading or delivery address
  • if the distance or duration of the journey is extended by more than 10% due to the multiple loading or pick-up points, the carrier will be entitled to an increase in the price in proportion to the lengthening

Art 15 - Supplementary Insurance

Chronotruck has entered into a Contract for Goods Carried '"Third Party Shipper" through the brokerage firm Filhet-Allard & Cie. At the request of Chronotruck, Chronotruck may propose to the sender to take out ad-valorem insurance through this contract to cover the value of the goods transported, at the time of its request for transport. Chronotruck's remuneration for supplementary insurance varies according to the type of product concerned. The price of Ad Valorem is always indicated before any agreement. No insurance is subscribed by Chronotruck without a validated order on the It tools and repeated at each request by the sender, for each shipment, specifying the risks to be covered and the values to be guaranteed.

If such an order is given, the shipper, through Chronotruck, shall buy a policy from a notoriously solvent insurer at the time of the coverage. No other insurance may be provided as part of the service, except that taken out by the carriers performing the service.

Under these conditions, Chronotruck can not be considered under any circumstances as an insurer. The conditions of the policy will be communicated to the sender at the time of the establishment of his request and will have to be accepted by him. A certificate of insurance will be issued, if required, upon request.

Art 16 - Accessibility and Service Availability

Chronotruck is available 24 hours a day, 7 days a week, except in cases of force majeure, technical and / or computer difficulties and / or telecommunications and / or maintenance period. Chronotruck reserves the right to, at any time and without delay, to interrupt definitively, suspend and / or modify access to all or part of the Site without the right to compensation for the benefit of Users. Users must have their own Internet connection to access the platform, with Internet user fees being the responsibility of the Users. Users must ensure that their Internet connection is reliable and has effective anti-virus protection. The downloading of all the parts and files made available to the Users is under their responsibility. Chronotruck does not guarantee their quality or their ability to carry viruses or not.

Art 17 - Data Collection and Processing

The information collected by the company Chronotruck as part of the service is the subject of an automated data processing registered with the CNIL under the number 1867209 and of which the person in charge is Chronotruck. The purpose of this treatment is to bring shippers and carriers into contact with each other in order to ensure that transport requests are made. In order to provide the best service to its prospects and customers, Chronotruck keeps their data as long as their account remains active and then archives them for statistical purposes in an anonymised manner using an irreversible transformation process. Chronotruck terminates the accounts of inactive users for a period of 36 months, and archives data related to them.

In accordance with Law No. 78-17 of January 6, 1978, the User has the right to access, rectify and oppose all his personal data by writing by a letter and proving his identity to customers@chronotruck.com. The company undertakes to provide a response within a maximum of 7 working days after receipt of the said email. The User may access to his data or change via his member area, at any time. Chronotruck acts in a BtoB setting and does not intend nor has received authorization from its users to exploit their data for BtoC purposes. For example, any user who leaves its company may at any time request the deletion of its personal data transmitted to Chronotruck, especially his first name, family name and email, especially if the latter reveals his identity, always subject to the unwinding of ongoing operations, and according to the requirements of accounting by Chronotruck.

Purpose of Data and Content Collection by Chronotruck

Users are informed that data and content collection and processing of said data and content provided by their care have for sole purpose the execution of shipments requests made by shippers by finding available carriers. They are carried out in a proportionate manner for that purpose. Chronotruck uses identification data of each shipper and each carrier and their users (family, name, first name, identifier, email address, VAT number, phone number...), and also data relative to the execution of a shipment, including internal messages, geolocation of drivers who use its services and any other data that may be requested on the platform. Chronotruck can also use any historical data transmitted by the user such as a shipping plan or budget or past shipments listings.

Hosting and recipients of collected data and content.

Servers and data are hosted in a physically secure and SOC 1 type 2 secure and ISO 27001 certified data center. There is no data storage on in-house servers (including personal computers) to prevent personal data theft (in case of offices’ break-in). Access to those servers is restricted by SSH keys, with only 2 people of the IT department having security clearance to connect to them. Chronotruck's hosting service provider is PCI DSS-certified with no access granted to any public or tax administration, nor to any government or other third-parties.

Data relative to any shipment are only used for the purpose of the service provided by Chronotruck. No data is sold or rented to any third party: all of the data is intended for internal use, for the sole purpose to carry out and improve the service. Chronotruck may appeal to subcontractors for specific treatment activities, always in the context of the intended purpose described above. As part of a shipment request booked by a carrier, personal data of the shipper such as its name and first name (but not its e-mail) or its telephone number and any personal information that could be given by the shipper in the comments area on the request will be sent to the carrier in order to ensure the execution of the shipment. Conversely the name and surname of the driver assigned by the carrier will be communicated to the shipper. The geolocation of the driver is used in combination with the identity of the driver only to check the availability of a driver by Chronotruck for a shipment request and in the follow-up tracking of the mission assigned to the driver: in the latter case, in addition to Chronotruck, the shipper is the recipient of this tracking data. The geolocation of the driver is also available for the carrier who enrolled him on the Chronotruck platform, as long as the geolocation system is activated by the driver in the application. Chronotruck requires through the present Terms and Conditions that its users - shippers and carriers - carry out processes which respect the obligations imposed by the General Data Protection Regulation (GDPR) and keeps an updated and exhaustive mapping of processes to ensure this point.

Internal GDPR Framework

To ensure the respect of the General Data Protection Regulation (GDPR), an extensive mapping of all data processes has been achieved is updated regularly. This mapping identifies concerned users, processed data, the purpose of each process, the potential transmission of data and their storage duration. It also lists all subcontractors and providers to ensure their conformity to the GDPR. An internal Data Protection Officer is responsible for supervising these processes and ensuring they are up-to-date. Chronotruck employees are trained and regularly updated on these obligations.

Art 18 - Right of withdrawal

The user is informed that, pursuant to Article L. 121-20-4 of the French Code de la Consommation (Consumer Code), all services offered on the Website and the Application, which relate to freight services are not subject to the application of the right of withdrawal provided for in Articles L. 121-20 et seq. of the Code de la Consommation relating to digital and over-the-phone commerce.

Art 19 - Intellectual property

The website, Chronotruck applications and all the elements contained therein (information, data, text, sounds, images, drawings, graphics, distinctive signs, logos, trademarks...) are the exclusive property of Chronotruck. All these elements are protected by intellectual property rights and, as such, protected from any use unauthorized by law. Any representation or total or partial reproduction of the contents of the site and the applications, by any means whatsoever, without the express authorization of Chronotruck, is prohibited and constitutes an infringement (art. L.335-2 and following of the French Code of Intellectual property) which could start civil and criminal prosecution of the counterfeiter. The user, by validating his registration, authorizes Chronotruck to exploit the transmitted information.

Art 20: Limitation of Liability

Chronotruck undertakes to do everything in its power to ensure the proper use of the services on the website and on the application and their accessibility.

It is expressly agreed that if Chronotruck's liability were to be engaged, it could not exceed the reimbursement of sums paid by a shipper or paid to a carrier for services rendered within the last month, relating to the prejudice.

In no event shall Chronotruck be liable for any direct or indirect material or immaterial damages arising out of the service, including loss of profit, technical problems or suspension of service.

Chronotruck disclaims any responsibility for the information provided by its content provider partners. They are solely responsible for the information relayed on the Site.

Chronotruck does not exercise control over the nature or characteristics of the data transiting through the hosting provider. As such, it is not responsible for failures that may occur on services accessible via the Internet. It is the User's responsibility to take all necessary measures to protect his / her data and software against intrusion, computer viruses or possible circumvention by third parties, using the service or transiting through it. Chronotruck disclaims all liability for the compatibility, reliability, and operation of software other than those developed by itself. Chronotruck can not be engaged in any case of modification of the situation of the User if the latter did not transmit the information relating to the modification of its situation before the occurrence of the said modification.

The carrier who performs the service is responsible for the proper performance of the service. Finally, Chronotruck cannot be held liable in cases of force majeure and in cases of suspension of service, in particular in the event of interruption of networks, failure of the reception equipment or of the User access.

Art 21 - Legislation

Any dispute arising out of the use of the Chronotruck service will be subject to French law and to the jurisdiction of the Paris Commercial Court, even in the event of multiple defendants or third party claims, for emergency procedures, protective procedures, by summary application or by application.


Annex:

General Standard Contract of Transport published by the Ministry of Sustainable Development

https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000034330431&dateTexte=&categorieLien=id#JORFSCTA000034330443