Terms of Service ("TOS")

Effective Date: April 2, 2019.

Welcome,

These terms of service (“TOS”) apply to you ("User")and and Resonantes, 15 Quai Ernest Renaud, Nantes, France ("Resonantes") regarding your use of the application App-Elles ("App-Elles"), its websites and related services ("Services"). As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these TOS.

The TOS are applicable to any User of the Application and the Services. You are invited to read carefully and on each visit the TOS which are accessible by hyperlink on the settings page under the "Legal information" section of the Application and which may be modified at any time and without notice by Resonantes. The Application may be updated regularly. In this regard, any Application downloaded by a User has a validity limited in time, taking into account these updates to download imperatively and any technical, legislative or regulatory developments, which Resonantes does not have control. These TOS are governed, interpreted and applied in accordance with French law, the language of interpretation being the French language in case of dispute over the meaning of a term or a provision of the TOS.

Article 1. PURPOSE OF THE APPLICATION

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 2. ACCESS TO APPLICATION

To access and use the Application, you must have:

    • A compatible telephone or mobile device

    • Internet access

    • A customer account with Google and/or Apple virtual stores

    • A mobile phone with the Android® OS 5.2 operating system or later and Apple iOS 7 or later

 

The version of the Application software may be subject to occasional updates to add new features and new services. The application is accessible 24 hours a day, 7 days a week except in case of force majeure or other event that is beyond the control of Resonantes and subject to any breakdowns and maintenance work required to ensure the proper functioning of the application. Maintenance work may be carried out without users having been notified in advance.

Resonantes:

    • cannot be held responsible for the inability to access the Application for any reason whatsoever.

    • cannot be held responsible should the internet connection be interrupted for any reason whatsoever

Article 3. FINANCIAL CONDITIONS

The Application can be downloaded free of charge from the Google Play Store and Apple App Store platform. The Application is offered to Users free of charge excluding the costs of subscription to the services of a mobile phone operator, connection costs and internet access costs, and any additional costs charged for downloading data. You may or may not be charged for the transfer of data on your environment and geographic location according to the conditions applied by your mobile phone operator.

Article 4. LICENSE TO USE THE APPLICATION

Resonantes grants the User a personal right to use the Application, Content and Services, non-exclusive, voidable, non-assignable, non-transferable, worldwide and free only for their own needs in connection with the use of the Application and Services, and to the exclusion of any other purpose. Users are strictly forbidden from accessing and/or using the Application source codes and/or Application software components.

The User does not acquire any intellectual property rights in the Application, the Content and/or the Features, or any other rights other than those conferred by the present. This license does not give the User any right of use on the Content. It is therefore prohibited for the User to reproduce, represent, adapt and/or exploit any Content. The User expressly undertakes that the use of the Application does not in any way affect the rights of Resonantes, and in particular, that such use does not constitute an act of counterfeiting, unfair or parasitic competition of the Content.

Article 5. INTELLECTUAL PROPERTY RIGHTS RELATING TO THE APPLICATION

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 6. THE ALERT FUNCTION

Geolocation

The use of the Application's geolocation feature requires the express prior consent of the User to be geolocated. For this, the User will have to activate, if they wish, the geolocation feature directly in the settings of their mobile device and accept that the Application can use it. This feature can, at any time, and at no cost, be disabled or enabled. Acceptance of the mobile phone’s GPS geolocation feature allows the User to:

    • share their GPS position in real time with contacts of their choice when they trigger an alert.

 

The geolocation service may not work accurately, permanently or without error depending on circumstances, such as the network connectivity, the availability of GPS/Wi-Fi information, 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.

Audio streaming

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.

Article 7. CODE OF CONDUCT

The User expressly agrees:

    • to download the Application on their device for strictly personal, non-commercial use;

    • not to reproduce, permanently or temporarily, all or part of the Application by any means and in any form;

    • not to use software or processes intended to copy the Content without the prior written permission of Resonantes.

    • not to make any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, or Reverse

Engineering to all or part of the Application, Services and/or its Content;

    • not to export the Application, and not to merge all or part of the Application with other computer programmes;

    • not to make short quotes, analyses and reproductions intended for press reviews or any other use expressly authorised by the law within the limits and conditions set by the latter and subject, in particular, to mentioning the names of the authors and the editorial source

    • to expressly waive the use of software or devices that may interfere with the proper functioning of the Application, or to take any action likely to impose a disproportionate burden on the infrastructures of Resonantes;

    • not to recover or reuse, including for private purposes, any part, whether it be substantial or not, of the database content and archives formed by the Application without the prior written authorisation of Resonantes;

    • not to set up systems likely to pirate the Application and/or the Content in whole or in part, or likely to violate these TOS;

    • to inform Resonantes of any known act of piracy and in particular, of any unlawful or non-contractual use of the Application and or the Content, regardless of the method of dissemination;

    • not to sell, rent, sub-licence or otherwise distribute the Application and/or the Content to third parties in any way whatsoever.

Article 8. LIMITATION OF LIABILITY

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.

Article 9. AMENDMENT OF Terms of Service

The applicable TOS are those in force on the date of login and use of the Application by the User. Resonantes reserves the right to modify, at any time, all or part of the TOS without notifying or informing Users in advance in order to adapt them to changes in Services, technical developments, legal or case law, or when setting up new services. Any changes made by Resonantes to the TOS will be brought to the attention of Users simply by posting them online. These changes are deemed accepted without reservation by any User who accesses the Application subsequent to said posting. Resonantes therefore invites all Users to regularly consult the TOS  Any new Service incorporating new technologies or new characteristics that improve the quality of existing Services shall also be subject to these TOS, unless expressly provided otherwise.

Article 10. TERMINATION

Resonantes may terminate use of the Application at any time. At the time of termination of the Application, all rights and licenses that were provided to the User shall be terminated and the User shall end all use of the Application.

Article 11. CONTACT

Any questions relating to the Application and/or its Services should be submitted by post to the following address: Resonantes, 15 Quai Ernest Renaud, 44100 Nantes, France.

Article 12. APPLICABLE LAW

These GCU are subject to French law. Any dispute or litigation relating to the execution or the interpretation of these General Conditions of Use that cannot be settled amicably between the parties will be submitted to the competent courts under the jurisdiction of the Commercial Court of Nantes, France.

RESONANTES SERVICES PRIVACY NOTICE

Last updated: February 8, 2020.

This notice explains how Resonantes (referred to as “we” in this notice) collects, stores, uses, or otherwise processes the personal data of end users of our Services as defined below (referred to as “you” in this notice), and what rights you have if we are processing your personal data.

1. DATA CONTROLLER

By “data controller”, we mean an entity that determines how and why personal data is processed. With regard to the activities described in this notice, we are the data controller. Our non profit organisation name is Association Resonantes. Our address is 15 Quai Ernest Renaud, 44100 Nantes, France.

 

While operating the Services, we may share your data with partners we work with. Some of these partners are data controllers independently of us and, therefore, independently determine how and why they process your data. 

2. CONTACT INFORMATION

In matters related to this notice, you can reach us by email at contact@app-elles.com

3. WHY DO WE PROCESS YOUR DATA AND ON WHAT BASIS ?

To execute our contract with you, we may use your data to:

• create a user account at your disposal in our Application or other services, if necessary,
• allow you to use our Application and Services,
• provide you with the appropriate version of our Application and our Services (for example, select a version in an appropriate language for you),
• where applicable, allow you to communicate with other users in our Application or in other Services (for example, by offering a chat function, among other comparable functions),
• send you information related to our services (for example, technical notices, security alerts or administrative messages), or
• check your account creations and allow you to reset your passwords,
• if necessary, allow you to recover your data recorded during an alert.

With the legitimate aim of optimizing the quality of our Services, we may use your data to:

• implementing our Services (for example, ensuring the security and proper functioning of our Services),
• troubleshoot or correct bugs, errors or other problems with our Services,
• measure and analyze the use of our Services or the data collected within the framework of our Services (for example, to identify trends or inform our operations),
• create anonymous data (e.g. aggregated data), which we can then use and distribute freely,
• organize questionnaires or studies to learn more about our users, or
• improve our current Services or develop new Services.

With the legitimate aim of optimizing your user experience in our Application, we may use your data to:

• adapt your experience in our Application to your activity,
• to offer you offers, content and services in our Applications according to your activity,
• manage your requests for assistance and, more generally, our relations with you, or
• send you information related to our services (for example, technical notices, security alerts or administrative messages).

With the legitimate aim of promoting our Services and reaching interested audiences, we may use your data to:

• keep track of installations (including the source of each installation),
• measure, analyze and improve the effectiveness of our advertising (including our advertising outside our Services),
• send you messages about offers, events and other news related to our Services or other operations

With the legitimate aim of protecting our operations, we may use your data to:

• detect, analyze or prevent any fraudulent actions, or any other reprehensible behavior,
• assess our operations or processes (for example, to verify that they operate as intended, or in accordance with legal or contractual constraints), or
• establish, exercise or defend our legal rights to the fullest extent permitted by applicable laws and legislation.

With your consent, we may use your data:

• to send you newsletters and other comparable communications if you have subscribed to them (for example, by means of a subscription form on our websites) or for other objects that are detailed to you when we ask for your agreement (for example, using your GPS position to provide you with geographic experiences)

Finally, we may use your data to:

• comply with the legal obligations which we consider to apply to us (including accounting and tax obligations, as well as orders to provide information to the competent authorities) or
• protect your vital interests, or those of a third party.

In addition, we may use your data for other purposes compatible with those listed above.

 

We do not use your data to make automated decisions that significantly affect you. An "automated decision" is a decision made by an information system without human intervention.

 

4. WHAT DATA DO WE PROCESS ?

We use the following personal data:

• your names (nicknames), e-mail address or other contact information that you have provided (for example, when you created an account or agreed to receive our messages),
• online identifiers such as your online alias, your IP address, the identifiers that we assign to your account, or the identifiers associated with your hardware or operating system, including your advertising identifier,
• technical information about the device you use to use our Application or use our Services (for example, information about its type, model, manufacturer, operating system, language, screen, processor or memory),
• your approximate location (for example, your country, state or city), deducted from your IP address,
• incident logs or other information related to bugs, errors or other problems with our Services,
• deductions derived from your activity in our Services,
• any other information that you decide to communicate to us within the framework of our Services or other, and with your agreement, other information which is explained to you when we request your agreement (for example, your GPS position for sending alerts) .

We do not seek to collect or use any other special category of data that concerns you. By special categories of data, we mean information of a genetic, biometric or medical nature, information on racial or ethnic origins, habits or sexual orientations, political opinions, religious or philosophical beliefs, or belonging to a union, or information about your possible criminal record.

5. WHERE DO WE COLLECT YOUR DATA FROM ?

We collect your personal data from the following sources:

• directly with you when you communicate them to us (for example, when you create an account, send support requests or answer our questionnaires),
• directly from you and / or from your device by automatic means when you use our Services, in particular through cookies or similar technologies or software development kits (SDKs).

 

It is not compulsory to communicate data to us. However, we are unable to provide all or part of the Services without using your data. If you use our Services, we will collect data for all or part of the purposes described in this notice, depending on the Services you decide to use and your choices when you use them. You have various options to limit or control the extent to which your data is used. For example, you can choose to create a specific e-mail address reserved for your use of the App-Elles application or deactivate all or part of the cookies in your browser settings when you are redirected to our websites.

6. WHO DO WE SHARE YOUR DATA WITH ?

We may share your data with third parties for the purposes described in this notice. These can be the following categories of recipients:

• to partner companies of the Resonantes association who contribute to the development and implementation of our application or Services,
• individuals or companies outside of the Resonantes association who provide services to us and use data on our behalf when they provide these services (for example, providers of hosting services, analysis services, services that enhance functionality Services, or other services that contribute to the development and implementation of our Services),
• competent jurisdictions and government authorities, in situations where we consider that disclosing your data to them is necessary within the framework of applicable law,
• any person or entity where we believe that disclosing your data is necessary to exercise, establish or defend our legal rights, or to protect your vital interest and that of others, or
• any other person or entity, with your consent.

7. HOW LONG DO WE KEEP YOUR DATA ?

We will keep your data as long as necessary to fulfill the objectives which justified their collection, namely, inter alia, to provide you with the Services or to comply with legal, accounting and declarative constraints. We may regularly delete or anonymize inactive accounts or other data in our Games or Services.

 

After the applicable retention period, we will delete or anonymize your data or, if it is not possible to delete or anonymize it (for example, if the data is stored on a backup server), it will no longer be exploited until it becomes possible to delete or anonymize them. We may continue to use anonymous data (for example, aggregated data).

 8. HOW DO WE KEEP YOUR DATA SECURE ?

We have taken steps to provide a level of security appropriate to the level of risk arising from the processing of your personal data described in this notice. These measures are designed to protect your data against accidental or unlawful destruction, as well as against loss, alteration, disclosure or unauthorized access. The specific measures we adopt vary, but generally include encryption of data in transit, anonymization of data (if possible), controls to limit access to services or systems that contain personal data, as well as implementation of procedures dedicated to the management of supposed security incidents.

9. YOUR RIGHTS

If we use your data, you have the right:

• access your data, correct it or request its deletion,
• require us to limit the processing of your data,
• to contest the use of your data, to the extent that our use is justified by our legitimate interests, or by the legitimate interests of a third party, or
• if technically possible, request a copy (in machine-readable format) of the personal data that you have communicated to us.

When our use of your data is subject to your consent, you are free to revoke it at any time. Please note that we will have full legitimacy to continue to use your data if the law allows us to do so, even if you revoke your consent.

 

To exercise your rights, you can also contact us at privacy@app-elles.com. To honor requests sent by email, we may need to confirm your identity to verify that you have the right to make this request, which may involve requesting other information from you. For example, we may ask you to provide sufficiently detailed information about the account that is the subject of the request to allow us to confirm that you are the account holder or that you are acting on their behalf. In rare cases, and to the extent of applicable law, we reserve the right to charge you a reasonable fee for exercising your rights.

 

Finally, you also have the right to lodge a complaint with a supervisory authority. Any personal data likely to be collected in connection with the use of the Application will be processed and stored in accordance with Law No. 78 -017 of January 6, 1978 relating to Computers, Files and Freedoms modified. Refusal to provide certain personal data may deprive You of access to certain Services.

10. AGE LIMIT

In accordance with our TOS, you certify that you are at least 13 years old. However, we do not know the age of the users of our Services. If you are under the age of 13, please do not share your personal information with us (including your name, address, telephone number, or email address) and do not use the Services to share it with others.

 

If we discover that we have personal data about a user under the age of 13, we will take appropriate measures to ensure that we use that data in accordance with applicable laws and legislation, otherwise we will delete it from our records. If you have reason to believe that we hold personal data relating to a user under the age of 13, please contact us.

11. CHANGES

We may update this notice regularly, due to a change in our activities or because of the legal obligations which apply to us. You can view these changes here. Likewise, we will inform you of possible changes by other means adapted to the importance of the changes in question.