CGU

Version of 01/10/2020

Last updated on 16/02/2021

Art 1 – Scope and fields of application

OPTIMALOGISTIC is a freight forwarder and provides its services through this web portal and its mobile application(s). These services are governed by these General Conditions of Use. As a commission agent, OPTIMALOGISTIC organizes the shipments of a principal (hereinafter the shipper), by retaining a transport provider (hereinafter the carrier) and ensuring the smooth running of the service. OPTIMALOGISTIC invoices the principal on the basis of the tariff applied to the said services and contracts with the carrier who in turn invoices it.

Art 2 – Contractual terms

It is specified that all the carriers who are registered on the OPTIMALOGISTIC marketplace perform their services in strict compliance with:

  1. of these Terms

 2. the Standard General Transport Contract published by the Ministry of Transport and Logistics for Tunisia or the Convention relating to the contract for the international carriage of goods by road in Africa and Europe, for which a redirect link is attached to these conditions . As such, the acceptance of these T&Cs by Users, Carriers or Shippers, necessarily entails the express and unreserved acceptance of the General Standard Transport Contract published by the Ministry of Transport in Tunisia or the Convention relating to the transport contract. international freight by road in Tunisia and Europe. The rights and obligations of the parties not fixed by these conditions and not contrary to them are therefore governed by this Standard Contract enacted in application of article L 1432-4 of the Transport Code in its version applicable on the day of transport in Tunisia. or by this Convention in Tunisia. The handing over of the goods to the carrier is equivalent to the express and unreserved acceptance of these conditions and to the waiver by the sender of his own general conditions of purchase, or special conditions and other general conditions emanating from him. The user expressly acknowledges that any complaint made, for any reason whatsoever, will be processed on the basis of the General Conditions of Use of OPTIMALOGISTIC in force on the day of shipment. In particular, the Carrier waives any clause contradicting these conditions which may appear in its delivery note / consignment note / CMR.

OPTIMALOGISTIC acts as a freight forwarder, duly registered with the RNE, and has all the guarantees of professional civil liability in accordance with this activity. It thus provides ordering customers with all the guarantees specific to this activity, in particular with regard to the proper performance of the service.

Art 3 – Modification of the General Conditions of Use

The General Conditions of Use of the service are made available to Users on the Site and the Application. In order to reflect changes in the law or in the Service, OPTIMALOGISTIC may modify the General Conditions at any time and without notice. Users will be informed by email and via information on the Site and the Application. The User who refuses the General Conditions of Use has no other choice than to stop using the service.

Art 4 – Definitions

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

Delivery slip / Consignment note / CMR: this is an official document which finalizes the contractualization of the service requested by the customer and carried out 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 following a dispute.

Internationally, this slip is drawn up in a specific form, according to the Convention relating to 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 / CMR, but waives the application of any clause contradicting these conditions which may be contained in this document.

Parcels – Merchandise: designates the products and merchandise for which a Shipper requests transport from point A to point B.

Freight Forwarder: also called Transport Organiser, here we mean any service provider who organizes and executes, under his responsibility and in his own name, in accordance with the legislation in force and in particular the provisions of Article L 132-1 of the Commercial Code, a transport of goods according to the modes and means of its choice on behalf of a principal.

Sender: designates the user who is at the origin of the delivery request, and who can contract the service with OPTIMALOGISTIC.

It can be a company of all types of trades, as well as more specifically freight forwarders looking for subcontractors. It can be any company governed by commercial law, Tunisian or foreign, governed by Tunisian tax law and which must comply with Tunisian law in terms of trade and taxation when placing a transport order through the service.

Site: corresponds to the website www.OPTIMALOGISTIC.com allowing access to OPTIMALOGISTIC services.

Carrier: any company authorized to provide transport services with its own vehicles, and registered for this purpose with the RNE (National Register of Companies) and the Prefecture of Police of its head office and which, within the framework of the OPTIMALOGISTIC service actually performs the service as actual carrier of the goods, to the exclusion of any subcontracting activity.

User: Any company that is registered on the OPTIMALOGISTIC site and wishes to request a transport service (shipper) or carry out transport (carrier). More generally, any company using the service or any employee or employee of this company who uses the service in whole or in part.

Art 5 – Access to the OPTIMALOGISTIC service

Registration is done via a form accessible on all pages of the Site. Registration on the Site is free. The User must complete, according to the instructions available online, a dedicated form made available to him, and will provide the information necessary for his identification. He must complete all the fields designated on the form as mandatory. The User undertakes to provide true, accurate, up-to-date and complete information on his identity, the identity of his company and any information requested in the registration form. The User must accept the T&Cs without any restriction. The User assigns himself a username and a personal and confidential password chosen by himself, in order to allow him to use the services accessible on the Site and reserved for subscribers. The selected identifier corresponds to an e-mail of the User, allowing to communicate with the latter. The user has the obligation to ensure the confidentiality of his username 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. Upon validation or upon first reconnection to the service, the user is registered on the Site for an indefinite period.

The registration of the registration is worth power given by the User to OPTIMALOGISTIC of the exploitation of the information transmitted in order to be able to carry out the services made available on the platform, in particular the good execution of requests for shipments made by shippers bound for carriers looking for freight. The methods of collecting and processing data are detailed in the article dedicated to this purpose.

The user agrees to regularly update all of his personal information. He can make any necessary changes to the registration data provided when accessing the services after identification.

He can at any time decide to terminate his registration by sending an email to [email protected]. The termination will take effect within a maximum period of 7 working days after receipt of the said email, subject to any outcome of the operations in progress with the User (in particular any payments for services).The identifiers and personal data will then be deleted from the application and the other data archived in accordance with OPTIMALOGISTIC's general data collection and processing policy according to the processing concerned, detailed in the dedicated article of these CGU.

Art 6 – Commitment of Users

The User undertakes in particular to:

   1.   Provide accurate data when registering on the Site. In the event that the User provides false, inaccurate, obsolete or incomplete data, OPTIMALOGISTIC will be entitled to temporarily or permanently suspend his account without notice and to refuse him access to all or part of the service after sending of a formal notice which had no effect.

   2.  Guarantee the authenticity and completeness of the information exchanged with the other Users of the service and the company OPTIMALOGISTIC, in particular for each service request made by a shipper or acceptance of said request by a carrier. Such information must not violate any law or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, discriminatory practices or false advertising), disrupt the operation of the service in any way or damage its integrity. Failing compliance with this commitment, the company OPTIMALOGISTIC may, after formal notice that has remained without effect, suspend without notice, temporarily or permanently, the User's account and refuse him access to all or part of the service.

   3.  Regularly update all of its information via its member area.

   4.  Respect all the obligations imposed on it by the General Data Protection Regulations and have them respected by its own possible subcontractors, with regard to the information which could be transmitted to it by OPTIMALOGISTIC, detailed in the article “Collection and Processing of Data”.

In the event of non-compliance with said commitments, OPTIMALOGISTIC reserves the right to issue warnings, temporarily or permanently deactivate a User account for any reason that OPTIMALOGISTIC deems legitimate, without notice or justification.

Art 7 – Obligations incumbent on the sender

The company will have to take advantage of an intra-community VAT number and will be responsible for any repayment of the Value Added Tax to which it should or should not be subject, whether in Tunisia or in the country of origin of the its head office. The company must be legally registered with its country of origin and be able to present its registration number to the registry on simple request: RNE and/or MF, or equivalent for countries other than Tunisia.In the event of possible exemption from VAT, this will still be invoiced to the sender and possibly reimbursed (in the event of a dispute or compensation), through OPTIMALOGISTIC, and the sender will be solely responsible for the repayment any of this to the State, without either the carrier performing the service, nor OPTIMALOGISTIC being able to be worried in any way whatsoever if the sender fails to fulfill his obligations.

Art 8 – Obligations incombant au transporteur

A – Registration and legal acts

The carrier must be registered with the RNE of its head office, so that OPTIMALOGISTIC can verify that it complies with all the regulatory obligations necessary for the exercise of its profession, namely, and without limitation: professional capacity, financial capacity, professional capacity of the manager, transport licenses and licenses per vehicle operated. The carrier must be able to prove that he has the regulatory insurance required for the exercise of his profession. In addition, when first accepting a request on the site, the carrier must provide:

   its community license (vehicles > 3.5t payload) and its internal transport license (< 3.5t payload)

   an RNE extract less than 3 months old

   a certificate of professional insurance

   a sworn statement to regularly employ employees who are themselves authorized to carry out a professional activity on Tunisian territory

This information must be transmitted with each update. All of these documents must also be communicated immediately at the express request of OPTIMALOGISTIC. The impossibility, for the carrier, to provide, at the express request of OPTIMALOGISTIC, all of this information within 24 working hours, may justify its immediate exclusion from the portfolio of carriers referenced by OPTIMALOGISTIC.The use of the service includes the geolocation of the carrier's vehicles using the drivers' smartphones or any other process implemented by the Carrier connected to the OPTIMALOGISTIC platform.If it has not already done so, the Carrier undertakes to make a declaration to the Commission Nationale Informatique et Libertés according to simplified standard 51 concerning the geolocation of employee vehicles. In addition, he undertakes to inform all of his employees concerned of the use of the OPTIMALOGISTIC geolocation service.He must do this by issuing a memo posted or delivered by hand to each person concerned. This memorandum details the methods of processing, its purpose, the recipients of the information and the retention period, as well as the rights of access and rectification and opposition for legitimate reasons.It also mentions the possibility of deactivating the geolocation function, in particular if the geolocated telephone or the equivalent process used is used outside working hours. OPTIMALOGISTIC provides the carrier with a model of this service note.

B – Transport providers outside Tunisia

For European carriers outside Tunisia who wish to register on OPTIMALOGISTIC, the regulatory obligations equivalent to those required of Tunisian carriers will be required: authorization to exercise, insurance with TIR conventions, tax registration, and this without limitation. In the same way, OPTIMALOGISTIC reserves the right to exclude any carrier outside Tunisia who does not communicate this information to it within 24 working hours.

C – VAT management

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

D – Invoicing to OPTIMALOGISTIC

OPTIMALOGISTIC, freight forwarder, contracts with the carrier who has retained the service submitted by the principal on the website and on the OPTIMALOGISTIC mobile application. The Carrier establishes its invoice in the name of OPTIMALOGISTIC according to the price fixed with OPTIMALOGISTIC via the service.

E – Informations Co2

In accordance with article 228 of the law of July 12, 2010 on the national commitment to the environment, the Carrier undertakes to provide OPTIMALOGISTIC with information on the Co2 consumed during the transport service. OPTIMALOGISTIC provides a minimum estimated base calculated for a Truck SPL, available in the Shipper's member area and on its invoice.

Nevertheless, the Carrier undertakes to provide OPTIMALOGISTIC with precise information calculated according to the actual vehicle selected, in particular if the sender requests it.

F – Subcontracting

OPTIMALOGISTIC, freight forwarder, promotes the direct link between the shipper and the carrier carrying out the mission via its website and its applications. As such, the carrier having reserved the offer submitted by a principal therefore waives any exclusion of liability related to any recourse against a potential subcontractor. Similarly, the rating assigned to it by its client(s) cannot be contested due to the use of a potential subcontractor. The use of a network of carriers is authorized from the moment the carrier having reserved the service notifies the sender and continues to assume all the obligations mentioned in these T & Cs vis-à-vis the sender (in particular in terms of direct compensation). In the event of a breach of this obligation, OPTIMALOGISTIC may pronounce the immediate exclusion of the carrier concerned.

Art 9 – Quality of carriers and service as a whole

OPTIMALOGISTIC in no way guarantees Carriers selection by Shippers. The Sender also does not have the possibility of choosing a particular carrier for the delivery of the goods. OPTIMALOGISTIC does not guarantee the Shipper the ability of carriers to respond on the Site. The Users of the services act with knowledge of the facts and assume their responsibility for the services provided via the platform and their possible consequences. The quality control of the services will be carried out in particular by the evaluations and by the analysis of the disputes that the Shippers and the Carriers are invited to declare following the performance of the services in accordance with article 12. It is specified that as part of the quality monitoring of the services provided through OPTIMALOGISTIC, the non-resolution of a dispute between a shipper and a carrier may result in the exclusion of the carrier and/or the shipper from the service. , by simple decision of the company OPTIMALOGISTIC, without prior notice or warning, which users expressly accept.

Similarly, the company OPTIMALOGISTIC may exclude any user whose actions would be contrary to these terms of use, in particular but not exclusively, because such behavior would lead or could lead to a potential dispute with the other party.

Art 10 – Financial conditions

OPTIMALOGISTIC invoices the principal for its transport service according to a scale described in article 11. It then contracts with the carrier when the latter reserves the transport service offer and is invoiced by the latter according to another scale. The carrier has access to the scale of the principal, in order to avoid any confusion on the amount of the service.

Art 11 – Shipper pricing

An estimate will be established for the sender on the OPTIMALOGISTIC platform, once the details and specifications of his request have been entered by him. Once this estimate has been accepted, the tariff proposals contained therein are binding on the Shipper. Before acceptance by a Carrier, the Shipper nevertheless has the option of canceling its request free of charge.

After acceptance by a carrier, the quotes are binding on both parties, Shipper and Carrier, who undertake to fulfill the request. Any cancellation will then result in penalties invoiced to the party who initiated it and described in article 14, which the parties acknowledge and accept. As such, the volume, weight, dimensions of the various goods and packages, the pick-up and delivery addresses, and all related comments, as well as the potential options, mentioned in the accepted and validated quotes, must be maintained for the duration of the contract. A variation of the tariffs will be automatically applicable in the event of modification of one of the components of the price accepted by the sender, or of any error emanating from his fact, including and without restriction: inaccurate dimensions or weight, erroneous or incorrect address , unknown contact, unsuitable means of handling, truck accessibility not provided for and not indicated, specific accessibility not specified, or any other failure in the declaration of the service requested. In this sense, it is specified that when entering a transport request, the sender has the option of entering comments relating to the specificities of the service he is requesting. The sender is liable for all the consequences of the absence or insufficiency of said comments. In particular, the sender undertakes to assume all liability relating to a defect in the packaging, packaging, marking or labeling, as well as a breach of the obligation to inform and declare on the nature and particularities of the goods, for example with regard to dangerous goods. The price for the carrier is all-inclusive (in particular tolls, fuel tax, tunnels, bridges, etc.): no additional costs can be accepted after validation of the quote, except for breaches opposable to the sender in the description of his shipment. On these bases, the prices are calculated by OPTIMALOGISTIC according to the price algorithm developed internally and are based on several criteria, including in particular, without these being limiting: the estimated driving time, the estimated handling time, the average cost price of the profession and the cost price indicators provided by the CNR (National Roads Committee), the volume and weight of the goods to be transported, the urgency of service. These rates are likely to change according to the different cost prices that impact the transport services. As such, OPTIMALOGISTIC only guarantees the price communicated at the time of validation of the order and cannot guarantee the same price for the same service over a given period. OPTIMALOGISTIC's desire is to guarantee carriers rates at least equal to their cost price. It is recalled that selling at a loss is strictly prohibited in Tunisia. The options are applied according to customer requests and are also subject to adjustment. However, the price of the options will always be displayed before any order so as to maintain full transparency in their application. The rates are deemed accepted at the time of validation of the request.

Art 12 – Disputes / Reservations

All disputes arising during a transport service, whether during loading and/or unloading or during the service itself, whether they concern the goods or not (delay, accessibility, etc.) must be the subject of "reservations" duly justified and stipulated on the delivery note (BL), the consignment note or the CMR. These reservations must have been signed (a signature by a person authorized to represent the company loaded or delivered) on the delivery note concerned. OPTIMALOGISTIC provides shippers and carriers with a web and telephone platform to manage disputes related to a service. If one of the parties so requests, OPTIMALOGISTIC will intervene in the management of the dispute as commission agent and will have full latitude to issue an opinion according to the applicable laws, and to adjust the price of the service upwards or downwards. decline, according to the conditions of article 11, and depending on the case, additionally or not, according to the penalties described in article 14, what the users acknowledge and accept. If the questioning of the sender were to be made by the carrier, the latter must provide proof of this by any means necessary for this purpose: photo of the goods with condition of the pallets, packages or packaging, unagreed and unspecified accessibility for heavy goods vehicles, incorrect addresses, necessary options not required, etc. The only declaration of the driver who carried out the service will not be admissible. It is also recalled that all reservations, of whatever nature, must be confirmed by registered mail with acknowledgment of receipt for the attention of OPTIMALOGISTIC or the carrier within 3 working days of the service. It is reminded if necessary that the mention "subject to opening" has no legal value. All these steps are mandatory for the regulatory insurance of OPTIMALOGISTIC or carriers to apply. Failure to comply with this procedure may result in the insurers refusing to take charge of disputes, even if they are proven. As such and in this case, neither the carrier, nor OPTIMALOGISTIC, can be blamed if the various documents which constitute the legal proof of the dispute or the reservations are missing, incomplete, or sent after the legal deadlines. As part of the services offered by OPTIMALOGISTIC, and more specifically its intervention in the resolution of disputes, the sender must imperatively send OPTIMALOGISTIC a hard copy of the letter confirming the reservations, with a photocopy of the acknowledgment of receipt as well as the related BL or CMR and any other element relating to the dispute. OPTIMALOGISTIC may question each of the parties to the dispute and ask them for any information or additional information. At the end of the study of the dispute, OPTIMALOGISTIC will have full latitude to issue an opinion according to the applicable laws, and to adjust the price of the service and to proceed with any compensation on the means of payment communicated by the parties. Users acknowledge that OPTIMALOGISTIC's decision will be binding on them and undertake not to oppose any compensation for their means of payment.

Art 13 – Invoicing Shippers and Carriers

Shippers and carriers expressly authorize OPTIMALOGISTIC to issue them each invoice in electronic format. The terms of invoicing and payment of invoices are specified on the site and on the application when the quotes are accepted by the Shippers and the Carriers. Under no circumstances can the sender pay the carrier directly without going through the payment methods made available to them by the platform. Only payment through the platform guarantees the parties the possibility of benefiting from OPTIMALOGISTIC services before, during and after the service. OPTIMALOGISTIC invoices the costs of legal recovery of 30 dinars excluding tax per unpaid invoice.

Art 14 – Compensation for Shippers and Carriers

As a reminder, any dispute or breach originating solely from an inaccuracy in the data provided by the Shipper when requesting transport, may give rise, on the decision of OPTIMALOGISTIC, to a price adjustment as described in Article 11, what users recognize and accept. For other cases, the following compensation, including the OPTIMALOGISTIC commission, will be calculated and payable to the offending party:

In the event of a delay outside a restrictive time slot: no increase or penalty may be required if the service occurs within 24 hours of the estimated delivery time slot.

In the event of a delay within a 2-hour pick-up or delivery window: less than 2 hours late, no penalty; over 2 hours, 10% of the delivery price.

In the event of a delay within a 1 hour pick-up or delivery window: less than 1 hour late, no penalty; over 1 hour, 10% of the fare.

In the event of a delay of between 24 and 48 hours in relation to the delivery deadline: penalty of 25% of the price invoiced. In the event of a delay of more than 48 hours from the delivery deadline: penalty of 50% of the invoiced price.

In the event of a discrepancy in the weight to be transported: up to 10% greater than the weight declared by the customer, no penalty; in the event of an overrun of more than 10%, a price increase proportional to the overrun, within the limit of 100% of the advertised price. It is recalled that in this case the responsibility of the sender may be called into question if the service concerned causes the carrier to exceed the authorized payload on his vehicle. Any fine will in this case be passed on by the carrier to the sender, who accepts it. In the event of inaccessibility of the loading address or impossibility of loading the goods due to a lack of information from the sender: the sender will have the choice:

 a) either to cancel the shipment, in which case 50% of the advertised price will be due;

 b) either to make the carrier and his vehicle wait to find an emergency solution and allow the loading: in this case a flat rate of 40 D HT per hour will be applied per hour of waiting with a maximum of 300 € HT per 24 hour period. The carrier may refuse to wait beyond the loading window initially planned, in which case the shipment will be canceled with the penalty due by the shipper provided for in a).

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

 a) or to have the goods repatriated by the carrier to the point of departure, in which case the advertised price will be due, increased by 100% (options included), within the repatriation periods chosen by the carrier, without these exceeding 72 hours.

 b) or to make the carrier and his vehicle wait to find an emergency solution: in this case a flat rate of 40 DHT per hour will be charged per hour of waiting with a maximum of 300 D HT per 24-hour period. However, the carrier will not be required to wait beyond the initially scheduled delivery window. In such a case, the overtime necessary to reorganize a delivery will be invoiced at a flat rate of 40 D HT per hour.

In the event of representation of the carrier following the impossibility of loading or delivery during the 1st passage which did not result in the cancellation: 30 DHT for a light commercial vehicle, 60 DHT for a heavy goods vehicle / SPL, to which will be added costs conventional sleeping arrangements if the driver has been immobilized overnight.

In the event of loading or unloading of the goods resulting in immobilization of the vehicle for more than 1 hour: OPTIMALOGISTIC quotes including one hour of immobilization, any additional hour of immobilization will be invoiced to the sender at 40 D HT per hour. Any hour started is due in full.

In the event of cancellation before loading at the initiative of the shipper or the carrier:

       up to 6 working hours before loading (working hours are from 8 a.m. to 6 p.m. Monday to Friday), 30 DHT

       less than 6 working hours before loading 35% of the advertised price with a minimum of 30 DHT

In the event of cancellation after loading and before delivery: the advertised price will be due, to which will be added, if the vehicle is geo-located with less than 50% of the journey already made: 50% of the advertised price; with more than 50% of the journey completed: 100% of the advertised price, necessary for the return of the goods.In general, in the event of late delivery, the compensation due in compensation for all justified damages may not exceed the amount of the price of transport (duties, taxes and miscellaneous costs included) and excludes direct, indirect, material damages. and immaterial such as loss of market, profits, chance, loss of enjoyment, stoppage of production, etc. This clause applies in all cases without exception and automatically falls within the scope of the Standard General Transport Contract published by the Ministry of Transport in Tunisia or the Convention relating to the contract for the international carriage of goods by road. in Tunisia, attached hereto.

In the event of multiple loading or delivery addresses not provided for in the shipment:

      a flat rate of 40 DHT will be due in addition for each unplanned loading or delivery address

      if the distance or duration of the trip is extended by more than 10% due to multiple loading or pick-up points, the carrier will be entitled to a rate increase in proportion to the extension

Art 15 – Additional insurance

OPTIMALOGISTIC has taken out a Transported Goods “Third Party Shipper” contract through Zitouna Takafel. Upon request, OPTIMALOGISTIC may offer the shipper to take out specific insurance via this contract to cover the value of the goods transported, when establishing their transport request. The remuneration of OPTIMALOGISTIC on the complementary insurance varies according to the type of product concerned. The price of the service is always indicated prior to any agreement. No insurance is taken out by OPTIMALOGISTIC without an order validated on the computer 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 sender, through OPTIMALOGISTIC, takes out insurance with an insurance company known to be solvent at the time of coverage. No other insurance can intervene within the framework of the service, except that subscribed by the carriers carrying out the service.

Under these conditions, OPTIMALOGISTIC can in no way be considered as an insurer. The conditions of the policy will be communicated to the sender at the time of establishing his request and must be accepted by him. A certificate of insurance will be issued, if necessary, on request.

Art 16 – Accessibility and Availability of the Service

OPTIMALOGISTIC is accessible 24 hours a day, 7 days a week, except in cases of force majeure, technical and/or computer and/or telecommunications difficulties and/or maintenance periods. OPTIMALOGISTIC reserves the right at any time, and without notice, to permanently interrupt, 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 connection costs being borne by Users. Users must ensure that their Internet connection is reliable and has effective anti-virus protection. The downloading of all documents and files made available to Users is their responsibility. OPTIMALOGISTIC does not guarantee their quality or their ability to contain viruses or not.

Art 17 – Collection and Processing of Data

The information collected by the company OPTIMALOGISTIC as part of the service is subject to automated data processing and for which the company OPTIMALOGISTIC is responsible. The purpose of this processing is to connect shippers and carriers to ensure the fulfillment of transport requests. In order to provide the best possible service to its customers, OPTIMALOGISTIC retains their data as long as their account is active, then archives them after termination for statistical purposes in an anonymous manner by means of an irreversible transformation process. OPTIMALOGISTIC terminates the accounts of inactive users for a period of 36 months and archives the data relating to them.

In accordance with the law n ° 78-17 of January 6, 1978, the User has a right of access, rectification and opposition to all of his personal data by writing by mail and justifying his identity. at [email protected]. The company undertakes to provide an answer within a maximum of 7 working days after receipt of said email. The User may at any time have access to his data or modify them via his member area. It is recalled that OPTIMALOGISTIC acts in a B2B framework and that its processing is in no way intended to exploit the data of its users in a personal context. For example, the user who leaves his company may at any time request the deletion of his personal data entrusted to OPTIMALOGISTIC, in particular his first name, last name and e-mail, in particular if the latter reveals his identity, always under subject to the outcome of operations in progress and according to the archiving obligations, in particular accounting, of OPTIMALOGISTIC.

Purpose of using the data and content collected by OPTIMALOGISTIC

Users are informed that the purpose of collecting and processing the data and content provided by them is the proper execution of shipment requests made by shippers to carriers looking for freight. They are carried out in a manner proportionate to this purpose.OPTIMALOGISTIC uses in particular the identification data of each sender and each carrier (surname, first name, identifier, email address, VAT number, telephone number, etc.), data relating to the proper execution of a delivery, in particular internal messages , the geolocation of the drivers who use its services and any other data that may be requested on the platform. OPTIMALOGISTIC can also use any historical data that a user wishes to give it, such as a transport plan, a budget, or a shipping history.

Hosting and recipients of data and content collected.

Servers and data are hosted in a physically secure and ISO 27001 Datacenter. No database storage on internal servers is carried out (including personal computers) to avoid the massive theft of sensitive data (in the event of a breach of the offices). Access to these servers is limited by SSH keys, available exclusively to employees with the authorization to connect to them. The OPTIMALOGISTIC host is PCI-DSS certified and no public or tax administration, public body or other third party has access to it.

The data related to a unit shipment are only used within the framework of the service specific to OPTIMALOGISTIC. No data is resold: all data is intended for internal use, for the sole purpose of providing and improving the service. OPTIMALOGISTIC may call on subcontractors to carry out specific processing activities, always within the framework of the purpose of use described above. In the context of a shipment request reserved by a carrier, the sender's personal data such as his first and last name (but not his e-mail) or his telephone number and any personal information he may have give in the comments relating to the request will be sent to the carrier for the purpose of ensuring the proper completion of the shipment. Conversely, the surname and first name of the driver assigned by the carrier will be communicated to the sender. The driver's geolocation is only used in association with the driver's identity when searching for the availability of a driver by OPTIMALOGISTIC and when monitoring the mission assigned to him: in the latter case, in addition to OPTIMALOGISTIC, the sender is the recipient of the data concerning this tracking. The geolocation of the driver is also available for the Carrier who registered him on the OPTIMALOGISTIC platform, as long as the geolocation is activated by the driver in the application. OPTIMALOGISTIC requires through these T&Cs that its users, carriers and shippers, carry out processing in accordance with the obligations imposed on them by the General Data Protection Regulations (GDPR) and maintain a mapping of processing in order to ensure this.

Internal GDPR device

In order to guarantee its compliance with the General Data Protection Regulations (GDPR), a mapping of data processing is carried out and updated regularly. This mapping makes it possible to identify the persons concerned, the data processed, the purpose of the processing, the possible transmission of the data as well as their archiving periods. It contains the list of suppliers to ensure their compliance. A Data Protection Officer oversees all of these processes and their updating. OPTIMALOGISTIC employees are trained and made aware of these obligations.

Art 18 – Right of withdrawal

The user is informed that, pursuant to Article L. 121-20-4 of the Consumer Code, all the services offered on the Site, which relate to transport services, are not subject to the application the right of withdrawal provided for in articles L. 121-20 and following of the Consumer Code with regard to distance selling.

Art 19 – Intellectual property

The Site, the applications relating to OPTIMALOGISTIC and all the elements appearing there (information, data, text, sounds, images, drawings, graphics, distinctive signs, logos, brands, etc.) are the exclusive property of the company OPTIMALOGISTIC. All of these elements are protected by intellectual property rights and, as such, protected against any use not authorized by law. Any total or partial representation or reproduction of the content of the site and applications, by any means whatsoever, without the express authorization of the company OPTIMALOGISTIC, is prohibited and would constitute an infringement (art. L.335-2 and following of the Code intellectual property) likely to engage the civil and criminal liability of the infringer. The user by validating his registration authorizes the company OPTIMALOGISTIC to use the information transmitted.

Art 20 – Limitation of liability

OPTIMALOGISTIC undertakes to make every effort to ensure the use of the services of the Site and the Application as well as its accessibility.

It is expressly agreed that if the responsibility of OPTIMALOGISTIC were to be retained, it could not go beyond the reimbursement of the sums paid by a shipper or paid to a carrier for the services provided within the limit of the last month and this in relation with the damage.

The company OPTIMALOGISTIC can in no way be held responsible for direct or indirect, material or immaterial damage, occurring with the service, in particular the loss of profit, any technical problem or suspension of the service. OPTIMALOGISTIC disclaims all responsibility for the information transmitted by its content supplier partners. They are solely responsible for the information relayed on the Site. OPTIMALOGISTIC has no control over the nature or characteristics of the data that passes through the server center. Therefore, it is not responsible for any failures that may occur on the services accessible via the Internet. It is up to the User to take all necessary measures to protect their data and software against intrusions, computer viruses or possible circumvention by third parties, using or from the service. The company OPTIMALOGISTIC disclaims any responsibility for the compatibility, reliability, and operation of software other than those developed by itself. The company OPTIMALOGISTIC cannot be engaged in all the hypotheses of modification of the situation of the User if the latter has not transmitted to it the information relating to the modification of his situation prior to the occurrence of this one. The carrier, who performs the service is responsible for the proper performance of the service. Finally, OPTIMALOGISTIC cannot be held liable in cases of force majeure and in cases of suspension of service, in particular in the event of network interruption, failure of the reception equipment or the User's line.

Art 21 – Legislation

Any dispute to which the use of the OPTIMALOGISTIC service may give rise will be subject to Tunisian law and the jurisdiction of the Commercial Court of Tunis, even in the event of multiple defendants or warranty claims, for emergency procedures, protective procedures , in summary proceedings or by motion