• The term “Application” refers to the “App-Elles” software published and provided by Resonantes, downloadable on virtual stores for compatible mobile telephones. The Application also includes the Content, programmes, software, plugins, databases, documentation and all other elements and services that compose it, as well as updates and new versions that may be made to the Application by Resonantes.
• The “Content” means the text, sounds (audio and sound), videos (audiovisual and multimedia works), the graphic charter, the logos of partner companies, images and illustrations, and all the other elements not listed here that compose the Application.
• The term “Services” refers to the different features included in the Application.
• “Site” refers to the official website of the App-Elles Application which has the following address: www.app-elles.fr
• “User” or “You” refers to a physical person, adult or minor (having first obtained consent from their parents or legal guardian), who has downloaded the Application for their own needs, for strictly private use and non-commercial use, with no direct or indirect commercial gain.
The purpose of the application is to provide access to resources and contacts that could help and assist you when faced with a past, present or potential violent situation. The Application has several features:
1. The automatic sending of information on your approximate geographic position and sounds in your environment to the mobile phones of contacts of your choice defined beforehand. This service is provided solely as a convenience and is not designed, nor should it be considered as an equivalent alternative to emergency calls to the competent authorities.
2. The automatic call and the pre-composition of telephone numbers of helplines, help centres and emergency services
3. The instantaneous consultation of help information and resources via websites and dedicated web applications.
The application enables the user to:
• Send an alert to 3 of their contacts by push notification,
• Share and save the GPS position of their mobile in real time with these 3 contacts,
• Share and save the audio environment with these 3 contacts,
• Directly initiate a telephone call to the national emergency services,
• Make telephone calls to more than 1,000 professional helplines,
• Consult websites specialised in violence against women,
• Consult the once-upon-a-map.com site, an interactive map showing all international shelters and support structures
This list is non-exhaustive and may be modified at any time by Resonantes without it being held liable in any way whatsoever.
Article 5. AUDIO
The use of the Application's audio recording feature from the microphone of your mobile phone requires the express prior consent of the User to be recorded. For this, the User will have to authorise the use of the microphone on their mobile device in the permissions when first installing the Application. This functionality can, at any time, and at no cost, be disabled or enabled.
Acceptance of the mobile device’s microphone audio recording feature allows the User to:
• share their sound environment in real time with contacts of their choice when they trigger an alert.
The audio recording service may not work accurately, permanently or without error depending on circumstances, such as the network connectivity, the charge status or power level of your mobile phone battery or that of your chosen contacts and/or other circumstances that are beyond the control of Resonantes. The accuracy of the information on your position and the timely availability of the Services may be affected by your environment, as well as the status of your mobile phone and that of your chosen contacts.
The entire “App-Elles” application is protected by French and international intellectual property rights. All reproduction and representation rights are reserved, including for downloadable documents. All the text, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, and more generally, all of the elements making up the “App-Elles” application cannot, in accordance with Articles L122-4 and L341-1 et seq. of the French Intellectual Property Code, be the subject of any representation, reproduction, exploitation or extraction, in whole or in part, on any media whatsoever, without the express prior authorisation of Resonantes and its partners. Failure to comply with this prohibition would constitute an act of infringement and may engage the civil and/or criminal liability of its author. Resonantes and its partners reserve the right to initiate legal proceedings against any person who fails to comply with this prohibition. None of the legal provisions of these GCU can be interpreted as a cession, transfer, sale, concession, licence, loan, lease, or operating authorisation granted directly or indirectly by Resonantes for the benefit of the User on the Application, its Content, and/or Services.
Article 11. PROCESSING OF PERSONAL DATA
The creation of your user account allows you to use the alert service of the App-Elles application provided by its partner and sponsor, WaryMe. Once you have created it, you can send and receive alerts to and/or from other user accounts that you have previously invited and/or accepted in your application (your “trusted contacts”).
You must provide your email address in order to connect to your user account and thereby receive the above-mentioned communications. Your email address also allows you to create a new password should you lose it. Without this email address, our communication device could not function. The legal basis is Article 6.1.a of the EU General Data Protection Regulation (consent). Under no circumstances will your email be used in a mailing campaign or listing.
When an alert is raised, we collect and transmit data relating to the GPS and microphone of your mobile device via secure servers with limited access. The coordinates of your GPS position and audio environment captured by your mobile phone are then saved and shared in real time with your trusted contacts when they read your alert. Under no circumstances are your GPS and audio data used to track or listen to you without your knowledge.
Two categories of data are collected:
1) User identification:
◦ Email address
2) Data relating to the alerts raised:
◦ Location information from the collection of GPS data provided by the user’s mobile device,
◦ Audio recordings from the collection of sounds captured by the user’s mobile device.
The “App-Elles” application is provided “as is” and “as available” without warranty of any kind. The User acknowledges and accepts the characteristics and limitations of the Internet network and, in particular, its functional characteristics and technical performance; problems relating to the connection and/or access to the Internet network and/or websites; problems relating to network availability and congestion; problems relating to network failure or saturation; problems relating to the transit time, access to the information posted online, the response time to display, consult, query or otherwise transfer data; the risks of interruption; the absence of protection of certain data against possible misuse or piracy; the risk of contamination by viruses circulating on said networks, etc., for which Resonantes shall not be held liable. Resonantes cannot be held responsible:
◦ in case of data transmission fault, loss, delay or error which are beyond its control;
◦ for sending messages and/or data to a false, incorrect or incomplete address;
◦ if Resonantes does not receive the data, for any reason, or if the data it receives is illegible or impossible to process;
◦ if the User could not manage to access or use the Site, Application and/or Services for any reason whatsoever;
◦ if, for any reason, the connection should be interrupted.
It is the sole responsibility of the User, like any other web user or mobile phone owner, to protect their own equipment, particularly against any form of attack from viruses and/or hacking attempts for which Resonantes can in no way be held responsible. As such, it is the sole responsibility of the User to take all appropriate measures to protect their own data and/or software stored on their equipment (telephone, computer) against any threat (malfunctioning, virus, piracy. The list of examples is not exhaustive).
◦ The User is solely responsible for the installation, operation and maintenance of their technical equipment needed to use the Application. In any case, Resonantes will in no way be held responsible should the Application be incompatible or cause the malfunctioning of some of the User’s equipment.
◦ The User is solely responsible for the use they make of the Application and cannot hold Resonantes liable for any claim and/or proceeding brought against him or her. The User undertakes to assume personal responsibility for any complaint and/or proceeding that might be brought against Resonantes and that is related to their personal use.
◦ Resonantes cannot be held responsible in case of failure to comply with the laws of a foreign country.
◦ Links may refer to other applications, websites or other social networks. Resonantes cannot be held responsible in cases where the content of such applications, websites or social networks contravenes the rights of a third party and, more generally, the legal or regulatory provisions in force.
◦ The information communicated in the “App-Elles” Application is provided on an indicative basis; it is non-contractual and Resonantes cannot be held responsible for its content. It can be modified or updated without prior notice.
◦ Resonantes also reserves the right, at any time and without notice, to make any changes or improvements to the Application. Resonantes cannot be held liable for any omissions and/or errors that the Application may contain.
◦ The version of the “App-Elles” Application may be updated from time to time to add new Content and/or new services without notifying the User in advance.
◦ Resonantes cannot be held liable for any direct or indirect damage of any kind resulting from the use of the Application or from the inability to use it.
◦ Resonantes cannot be held liable for any direct or indirect damage of any kind resulting from the use of, or inability to use, the websites linked to the Application or that Users can access via the Application.
Established in Nantes, 2nd April 2019.