TERMS OF SERVICE
Article 1 - Definitions
We will hereinafter designate:
- 'Application': the Spiky Community application and all of its pages and screens
- 'Publisher': The person, legal or physical, responsible for the publication and content of the application
- 'User': The mobile user visiting and using the application
Article 2 - Mentions imposed by the law of confidence in the digital economy and purpose of the application
This application is published by the simplified joint-stock company A2Digital.
The legal information concerning the publisher of the application, in particular the contact details and any capital and registration information, are provided in the legal notices of the application.
Information concerning the collection and processing of personal data (policy and declaration) is provided in the application's personal data charter.
Spiky Community is a mobile application that aims to facilitate the reception and inclusion of foreign people in France. Spiky brings together, sorts and categorizes useful information for settling in France in a single free multilingual mobile application: information on the healthcare system in France, on opening a bank account, activities to do in town, means of transport… The application also offers discounts negotiated with partners (reduction for health insurance…)
The use of the application supposes the acceptance, by the user, of the entirety of the present general conditions, which he recognizes by the same fact to have read them fully. This acceptance will be deemed to have the same value as a handwritten signature from the user. The user acknowledges the evidentiary value of the application publisher's automatic recording systems and, except for him to provide proof to the contrary, he waives the right to challenge them in the event of a dispute.
The acceptance of these general conditions assumes on the part of the users that they have the legal capacity necessary for this. If the user is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative.
Article 3 - Account in the application
The user creating an account on the application (member) has the possibility of accessing it by logging in using the identifiers provided when registering. The user is entirely responsible for the protection of the password he has chosen. It is encouraged to use complex passwords. If the password is forgotten, the member can generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in his account and the user is therefore prohibited from transmitting it or communicating it to a third party. Failing this, the publisher of the application cannot be held responsible for unauthorized access to a user's account. The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular, but without this example having any exhaustive character, when the member has knowingly provided erroneous information, during his registration) or any account that has been inactive for at least one year. Said deletion will not be likely to constitute damage for the excluded member who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility for the publisher to take legal action against the member, when the facts justify it. Each member is free to close his account. For this, the member must send an e-mail to the publisher indicating that he wishes to delete his account (contact e-mail address: firstname.lastname@example.org). The member can also delete his account independently, directly on the profile page of the application. No recovery of his data will then be possible.
Article 4 - Exemption from liability of the publisher in the context of the execution of this contract
In the event of impossibility of access to the application, due to technical problems or of any kind, the user cannot claim damages and cannot claim any compensation.
The hypertext links present on the application may refer to other applications or to websites and the responsibility of the application publisher cannot be engaged if the content of these sites and applications contravenes the legislation in force. Similarly, the publisher cannot be held liable if the use of these sites or applications by the user causes him harm.
Article 5 - Intellectual property rights relating to the elements of the application
All elements of the application belong to the publisher or a third party agent, or are used by the publisher with the authorization of their owner. Any copy of the logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is akin to counterfeiting. Any member who is guilty of infringement would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, at the initiative of the publisher of the application or its agent. This application uses elements (images, photographs, content) whose credits belong to its partners.
Article 6 - Limitation of liability
The publisher of the application, in particular in the online sales process, is bound only by an obligation of means; its responsibility cannot be engaged for damage resulting from the application such as loss of data, intrusion, virus, service interruption, or others. The publisher of the application, SAS A2Digital, cannot be held responsible for the non-performance of the contract concluded, due to the occurrence of an event of force majeure and in particular in the event of disasters caused by floods or fires.
The user expressly admits using the application at his own risk and under his exclusive responsibility. The application provides the user with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, SAS A2Digital can in no way be held responsible:
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, of data which may, among other things, result from the use of the application, or on the contrary from the impossibility of its use
- a malfunction, unavailability of access, misuse, improper configuration of the user's device, or the use of an obsolete device or device that is little used by the user
- the content of advertisements and other links or external sources accessible by the user from the application
Article 7 - Access to the application by Internet connection
The publisher cannot be held liable for technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, updating, modification, intervention of the host, an internal or external strike, a network failure, a power cut, or even improper configuration or use of the user's device.
Article 8 - Miscellaneous clauses
These general conditions are subject to the application of French law. They can be modified at any time by the publisher or his representative. The general conditions applicable to the user are those in force on the day of his purchase or his connection to the application. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them. Except for provisions of public order, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the discretion of the publisher with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise provided, of public order, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized.
The word "Cookie" is used here in the broad sense and includes any file placed on the user's device in order to identify it or save information permanently on the device. A "Cookie" allows the identification of the user, the personalization of his consultation and the acceleration of the display of the application thanks to the recording of a data file on his device. The application is likely to use "Cookies" mainly to 1) allow the application to memorize the actions and settings of the user in the application, 2) obtain navigation statistics in order to improve the experience. of the User, and 3) allow access to a member account and content that is not accessible without a login. The User acknowledges being informed of this practice and authorizes the publisher to use it. The User can refuse the recording of "Cookies" by changing the settings of his device or the application, but the publisher cannot then guarantee that the application will work as expected, and will not take any responsibility in the event of non - operation of the application.
Article 10 - Framework of conditions
If any provision of the Terms and Conditions is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These present conditions describe the entire agreement between the user and the publisher. They supersede all prior or contemporaneous written or oral agreements. The general conditions are not assignable, transferable or sublicensable by the user himself. A printed version of the Terms and of any notices given in electronic form may be requested in legal or administrative proceedings relating to the terms and conditions. The parties agree that all correspondence relating to these general conditions must be written in the French language.
Article 11 - Notices
Any notification or opinion concerning these general conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by post or any other nationally recognized courier service which allows you to regularly monitor your packages, or by email to the addresses indicated in the legal notices of the application, specifying your surnames, first names, contact details and subject of the notice.
Article 12 - Complaints
Any complaint related to the use of the application, the pages of the application on any social networks or the general conditions, legal notices or personal data charter must be filed within 365 days of the day on which the problem originated, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be inapplicable in court.
Article 13 - Inaccuracies
It may be possible that there are, throughout the Application, and to a limited extent, inaccuracies or errors, or information that is inconsistent with these General Conditions, the Legal Notices or the Data Charter Personal Application. In addition, it is possible that unauthorized modifications may be made by third parties to the Application or to related services (social networks, etc.).
In such a situation, the User has the option of contacting the Publisher by post or by email at the addresses indicated in the legal notices of the Application, with, if possible, a description of the error and its location in the application. , as well as sufficient contact information.
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The Spiky Community service has computer resources made available free of charge to make available any tool, official documentation or information that can help foreigners settle in France.
The information recorded is reserved for the use of SAS A2Digital and cannot be communicated to any third party except the site administrators.
In accordance with articles 39 and following of the law n ° 78-17 of January 6, 1978 modified in 2004 relating to data processing, files and freedoms, any person can obtain communication and, if necessary, rectification or deletion of information. concerning by contacting the service: email@example.com
The Spiky Community application is published by the company A2Digital, SAS with a share capital of €1,000, registered with the RCS of Lyon under the number SIREN 912 395 134 and whose head office is located at 217 rue Robert, 69730 Genay, France.
The application is hosted by OVH, a simplified joint-stock company with a capital of 10,000,000 euros, registered with the RCS of Roubaix under number 424 761 419 00045 and whose head office is located at 2 rue Kellermann – 59100 Roubaix – France.
All rights reserved - 01 July 2022
We will then designate:
"Personal data": is defined as "any information relating to a natural person identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to him", in accordance with the Data Protection Act of January 6, 1978.
“Service”: the Spiky Community service and all of its content.
“Publisher” or “We”: SAS A2Digital, legal person responsible for the publishing and content of the Service.
“User” or “You”: the Internet user visiting and using the Service.
This charter aims to inform you of the commitments of the Service with regard to respect for your private life and the protection of Personal Data concerning you, collected and processed during your use of the Service.
By registering on the Service, you agree to provide us with true information about yourself. The communication of false information is contrary to the general conditions appearing on the Service.
You will also find a description of your privacy rights and how the law protects you.
Article 2 - Data collected on the application
The Data collected and subsequently processed by the Service are those that you voluntarily transmit to us by completing the various forms present within the Service. For certain content operations, you may be required to transmit Data concerning you to third-party partners through their own services, more specifically when making payments. We will not have said data, their collection and processing being governed by the conditions specific to these stakeholders. We invite you to consult their conditions before communicating your Data in this context.
Your IP address (identification number assigned on the Internet to your computer) is collected automatically. You are informed that the Service is likely to implement an automatic tracking process (Cookie), which you can prevent by modifying the relevant settings of your internet browser, as explained in the general conditions of this Service.
In general, you can visit the Spiky Community Service without disclosing any personal information about yourself. In any case, you have no obligation to transmit this information. However, in case of refusal, you may not be able to benefit from certain information or services.
We also collect, use and share aggregate data such as statistical or demographic data for any purpose. Aggregated data may come from your personal information but is not affected as such by law because this data does not directly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific feature of the Service.
For the purpose of providing better content and services, the Spiky Community Service uses the Google Analytics analysis service: Firebase. Google Analytics does not track your browsing habits on third-party services. The information about you that Google Analytics has access to does not contain any personal data about you.
The so-called "sensitive" personal data that we are required to collect are subject to additional security measures: they are pseudonymised.
The contact details of Service Users who have registered on it will be saved, in compliance with the provisions of the Data Protection Act of January 6, 1978. In accordance with the latter, they have a right of access, withdrawal , modification or rectification of the Data they have provided. To do this, they just need to make a request to the following email address: firstname.lastname@example.org, or by mail addressed to: SAS A2Digital, 217 rue Robert, Genay 69730, France.
The collection of Users' Personal Data by the Publisher does not require a declaration to the French authority for the protection of Personal Data (the Commission Nationale de l'Informatique et des Libertés - CNIL).
Article 3 - Identity of the controller
The controller is SAS A2Digital, embodied by the President, Mrs. Anne-Charlotte DUPERRAY.
Article 4 - Purpose of the Data collected
The Data identified as mandatory on the forms of the Service are necessary in order to be able to benefit from the corresponding functionalities of the Service, and more specifically from operations on the content offered within it.
The Service is likely to collect and process the Data of its Users:
- For the purpose of providing you with the information or services to which you have subscribed, in particular: Sending occasional emails to present the application, new features, new offers, new partnerships or to communicate on physical events.
Article 5 - Recipients and use of collected Data
The Data collected by us is processed for the purposes of carrying out operations on the contents of the Service.
You are likely to receive electronic mail (emails) from our Service, in particular within the framework of newsletters that you have accepted. You can ask to no longer receive these e-mails by contacting us at email@example.com or on the link provided for this purpose in each of the e-mails that will be sent to you.
Only SAS A2Digital is the recipient of your Personal Information. These are never transmitted to a third party, notwithstanding the subcontractors to which the company calls. Neither SAS A2Digital nor its subcontractors market the personal data of visitors and users of its Service.
We require all third parties to keep your personal data secure and to treat it in accordance with the law. We do not allow our third party service providers to use your data.
Article 6 - Legal bases governing the processing of data
In accordance with the General Data Protection Regulations (GDPR), SAS A2Digital only processes personal data in the following situations:
with your consent;
- when there is a contractual obligation (a contract between SAS A2Digital and you);
- to meet a legal obligation (under EU or national law).
Article 7 - Data Security
You are informed that your Data may be disclosed pursuant to a law, a regulation or pursuant to a decision of a competent regulatory or judicial authority or, if necessary, for the purposes, for the 'Publisher, to preserve its rights and interests.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, modified, disclosed or accessed without authorisation. In addition, access to your personal data is subject to a defined and documented security procedure.
Article 8 - Data retention period
The Data is stored by the host of the Service, whose contact details appear in the legal notices of the Service, and are kept for the duration strictly necessary for the achievement of the purposes referred to above and cannot exceed 36 months. Beyond this period, they will be kept for exclusively statistical purposes and will not give rise to any exploitation of any kind whatsoever.
Article 9 - Authorized service providers and transfer to a third country of the European Union
SAS A2Digital informs you that it uses authorized service providers to facilitate the collection and processing of the data that you have communicated to us. These providers are located in the European Union exclusively.
SAS A2Digital has previously ensured the implementation by its service providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and data protection. These service providers are also subject to the General Data Protection Regulation (GDPR).
Article 10 - Computer rights and freedoms
- The right of access: it is your right to make a request for access to data concerning you in order to receive a copy of the personal data that we hold; However, due to SAS A2Digital's obligation of security and confidentiality in the processing of personal data, you are informed that your request will be processed provided that you provide proof of your identity, in particular by production of a scan or photocopy of your valid identity document.
- The right of rectification: the right to ask us to rectify personal data concerning you which is incomplete or inaccurate. Under this right, the legislation authorizes you to request the rectification, updating, blocking or deletion of data concerning you which may be inaccurate, erroneous, incomplete or obsolete.
The right to erasure, also known as the "right to be forgotten": in some cases, you can ask us to delete the personal data we have about you (unless there is a legal reason imperative that obliges us to keep them).
- The right to limit processing: you have the right in certain cases to ask us to suspend the processing of personal data,
- The right to data portability: you have the right to ask us for a copy of your personal data in a common format (for example a .csv file).
- The right to object: you have the right to object to the processing of your personal data (for example, by prohibiting us from processing your data for direct marketing purposes).
However, the exercise of this right is only possible in one of the following two situations: when the exercise of this right is based on legitimate reasons or when the exercise of this right is intended to prevent the the data collected is used for commercial prospecting purposes.
Contact us if you wish to exercise any of the rights described above by writing to us at 217 rue Robert, 69730 Genay, France or by email at firstname.lastname@example.org.
You will not have to pay any fees for access to your personal data (nor for the exercise of any other right). However, we may charge you a reasonable fee if your request is manifestly unfounded, repetitive or excessive. In this case, we may also refuse to respond to your request.
SAS A2Digital will be entitled, if necessary, to oppose manifestly abusive requests due to their systematic, repetitive nature, or their number.
We may request specific information from you in order to confirm your identity and ensure your right of access to your personal data (or to exercise any other right). This is a security measure to ensure that this personal data is not delivered to a person who is not authorized to receive it. We may also contact you to obtain more information about your request, in order to give you a faster response.
We try to respond to all legitimate requests within one month. This one-month period may be exceeded if your request is particularly complex or if you have made several. In this case, we will notify you and keep you informed.
Article 11 - Complaint to the Data Protection Authority
If you consider that SAS A2Digital does not respect its obligations with regard to your Personal Information, you can address a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which you can send a request electronically at the following address: https://www.cnil.fr/fr/plaintes/internet.
All rights reserved - 01 July 2022