GENERAL CONDITIONS OF USE
The present general conditions of use (hereinafter referred to as ‘GCU’) are to determine the rules for using the ‘Smile Advise’ mobile application (hereinafter referred to as the ‘Application’) published by the company IDNext (hereinafter referred to as ‘IDNext’).
By installing the Application on your terminal and/or accessing the Application as a visitor and/or user, you unconditionally and unreservedly accept all the GCU set out below. If you do not wish to accept the present GCU, please do not access the Application.
The GCU must be complied with every time the Application is visited and/or used.
Article 1. DEFINITIONS
Terms beginning with a capital letter in the present GCU may be referred to interchangeably in the singular or the plural and will mean the following:
‘Application’ refers to the ‘Smile Advise’ software application published and provided by IDNext that allows access to the Services, which are free for Users to download in the ‘Apple Store’ for an Apple iOS or ‘Google Play Store’ for an Android terminal. The Application also includes Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other information and services it is comprised of, updates and new versions which IDNext can install on the Application.
‘Content’ refers to everything up to and including the Application’s structure, editorial content, drawings, illustrations, images, photographs, graphs, brands, logos, acronyms, corporate names, audiovisual work, multimedia work, visual content, audio and sound content, as well as any other content used in the Application and/or any other information that the Application is comprised of.
‘Services’ refers to the various features and services the Application offers.
‘User’ or ‘You’ refers to any adult or child under 18 years of age who has previously obtained authorisation from their parents or legal guardian, and who has downloaded the Application for their own needs, strictly for personal, non-commercial, non-profit, direct or indirect use.
Article 2. PURPOSE OF APPLICATION
The purpose of the Application is to report incidents, add points of interest and reference stakeholders. It is a turnkey solution to involve citizens in a participative approach. Smile Advise makes a new form of dialogue between communities/companies and residents possible. Each groups’ reports contribute to improving how cities, their facilities and their territories work.
Smile Advise also makes it possible to create thematic maps to highlight its economic fabric, heritage, good practices and noteworthy addresses.
Article 3. ACCESSING THE APPLICATION
To access and use the Application, You must have a compatible phone or mobile device and internet access. The Application is free and can be downloaded from the ‘Apple Store’ and ‘Google Play Store’ platforms on the following mobile devices:
- Apple® iPhone® mobile phone with operating system iOS 8 or iOS 9
- Android® mobile phone with operating system OS 4.4 to OS 4.4.
The version of the Application software may be updated occasionally to add new features and services.
Article 4. GEOLOCATION
Using the Application’s geolocation feature requires the user to give their express prior consent in order to be geolocated. Should the user wish to use this feature, they will have to directly activate the geolocation function in their mobile terminal’s settings and accept that the Application can use it. This feature can be enabled or disabled for free at any time. When the user accepts the GPS geolocation function on the Application via their mobile phone, they can:
- - Make a report
- - Get information
Article 5. FINANCIAL CONDITIONS
The Application is offered free of charge to Users excluding mobile operators’ subscription fees, connection and Internet access fees, and any extra costs incurred for loading data.
Article 6. APPLICATION OF GENERAL CONDITIONS OF USE AND GENERAL CONDITIONS OF SALE
The GCU are applicable to anyone who uses the Application. The User is advised to read the GCU carefully every time they use the Application and are accessible by clicking on the hyperlink on the Application’s homepage and may be amended at any time without warning by IDNext.
The Application may be updated regularly. As such, any Application downloaded by a User is only valid for a limited time, given that these updates must be downloaded, and any technical, legislative or regulatory developments which IDNext does not have control of.
Article 7. APPLICATION INTELLECTUAL PROPERTY
IDNext is the exclusive owner of all intellectual property rights relating to the Application and its Content, subject to the rights of companies of which IDNext operates the licence. A list of these companies is available on this page.
Without prejudice to the provisions of Article 7, none of the GCU’s provisions can be construed as an assignment, transfer, sale, concession, licence, loan, lease, operating licence granted directly or indirectly by IDNext for the benefit of the User on the Application and its Content.
Article 8. USER LICENCE
IDNext grants Users a non-exclusive, revocable, non-assignable, non-transferable, worldwide personal right to use the Application, Content and Services, which is free to use only for their own purposes when using the Application and Services, and excludes any other purpose.
It is strictly forbidden for the User to access and/or use the Application’s source codes and/or software components. The User acquires no intellectual property rights over the Application, Content or any other rights other than those conferred by the present conditions. This licence does not confer any right to use the Content. The User is therefore prohibited from reproducing, representing, adapting and/or using any Content whatsoever.
The User expressly accepts that using the Application does not affect IDNext’s rights in any way, and particularly that using it is not for counterfeiting, unlawful or parasitic competition of the Content.
Article 9. USER COMMITMENTS
Users expressly agree to:
- download the Application on their own mobile exclusively for personal and non-commercial use.
- not reproduce the Application permanently or temporarily, partially or wholly, by any means and in any form.
- not use software or processes to copy the Content without prior written permission from IDNext.
- not make any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, or reverse engineering of any or all of the Application or Content.
- not export the Application or merge any or all of it with other computer programs.
- expressly waive the use of software or devices that may prevent the Application from functioning properly, or take any action likely to impose a disproportionate burden on IDNext's infrastructures.
- not extract or reuse a substantial or insignificant part of the Content of the databases and archives created by the Application, including for private purposes, without prior written permission from IDNext.
- not install any device which could hack the Application and/or the Content, partially or wholly, or violate the present CGU.
- inform IDNext as soon as they become aware of an act of piracy and especially any unlawful or non-contractual use of the Application and/or the Content no matter how it is distributed.
- not sell, rent, sublicence or otherwise distribute the Application and/or Content to third parties.
Article 10. PERSONAL DATA PROTECTION
The personal data collected on the IDNext mobile application with your consent is processed for the following purposes:
- Making sure reports are taken into account properly,
Christophe MASSON, Managing Director of IDNext, whose contact details are: 40 boulevard de la liberation 26100 ROMANS SUR ISERE. To ensure your personal data remains confidential and secure and especially to protect it against unlawful or accidental destruction, accidental loss or alteration, or unauthorised disclosure or access, we will take appropriate technical and organisational measures in accordance with the applicable legal provisions. As such, we have implemented technical measures (such as firewalls) and organisational measures (such as an ID/password systems, physical protection, etc.).
You have the right to access, rectify, delete, transfer or have your data transferred to third parties, and limit or contest it being processed. We will comply with your request subject to compliance with the legal obligations incumbent upon us.
You have the right to withdraw your consent for your data to be processed at any time. Withdrawing your consent does not affect the lawfulness of the processing performed prior to withdrawing it.
You can exercise these rights:
- By sending an email to the following address: firstname.lastname@example.org
In the interest of confidentiality and personal data protection, we must be able to verify your identity in order to answer your request. To do so, you must include a photocopy of an identity document showing your date and place of birth and signature, to support any request to exercise the rights mentioned above, in accordance with the provisions of Law No. 78-17 of January 6, 1978 entitled the ‘Data Protection Act’, Article 92 of the Decree of October 20, 2005 made to apply this law for French nationals, and the regulation Directive 2016/679 of 27 April 2016 on the protection of individuals with regard to personal data processing and circulation.
Finally, you have the right to submit a complaint to the CNIL if you think your rights have not been respected. The contact details of the CNIL are as follows:
Commission Nationale de l’Informatique et des Libertés
3 Place Fontenoy
75334 Paris Cedex 07
Tel.: +33 1 53 73 22 22
Article 11. APPLICATION AVAILABILITY
IDNext is committed to striving to secure access, consultation and use of the Application Services. The Application is accessible 24 hours a day, 7 days a week, except in case of force majeure or an event that is out of IDNext’s control and subject to any unforeseen failures and maintenance operations necessary to ensure the Application works correctly. Maintenance may be carried out without Users being given prior warning.
Article 12. WARRANTY LIMITATION
Any User who accesses and uses the Application does so at their own risk.
The Application and software are provided as they are and are subject to availability without any warranty.
It is the responsibility of any User to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any infringement.
Users declare that they are aware of and accept the characteristics and limits of the Internet network and, especially the functional characteristics and technical performance of the Internet network; issues regarding connecting to and/or accessing the Internet and/or websites; issues regarding network availability and high traffic flow; issues regarding network failure or saturation; issues regarding transit time, accessing online information, response times to display, consult, check or otherwise transfer data; the risks of interruption; certain data not being properly protected against possible hijacking or piracy; the risk of being infected by viruses circulating on said networks, etc. which IDNext cannot be held liable for.
IDNext cannot be held responsible:
- In the event of a fault, loss, delay or error in data transmission which is out of its control.
- Sending messages and/or data and to a wrong, incorrect or incomplete address.
- If data did not reach its recipient, for whatever reason, or if the recipient received data which was unreadable or impossible to process.
- If Users fail to access or use the Site, the Application and/or the Services for any reason whatsoever.
- If the connection is interrupted for any reason.
Furthermore, IDNext declines any responsibility if Users use their terminal improperly and/or encounter an incident regarding the use of their terminal when using the Application. IDNext cannot be held liable for any damage whatsoever caused to Users, their terminals, computers and telephone equipment and the data stored therein or the consequences that may affect their personal, professional or commercial activity.
Article 13. EVOLUTION OF GENERAL CONDITIONS OF USE
The relevant GCU are those in force on the date Users connect to the Application.
IDNext reserves the right to amend any or all of the provisions set out in the GCU at any time without prior notification being given to Users in order to adapt to changes in the Services, technical developments, legal or jurisprudential or when implementing new services.
IDNext shall inform Users of any amendments made to the GCU by simply uploading them to the Application. Users who access the Application shall be considered as having fully accepted said amendments once they are uploaded. IDNext therefore advises all Users to check the GCU regularly.
Any new Service which includes new techniques or features that improve the quality of existing Services will also be subject to these GCU, unless expressly stated otherwise.
Article 14. TERMINATION
IDNext may terminate Application use at any time by providing You with a termination notice.
Upon termination, (a) the rights and licences granted to You will be terminated and You will need to stop using the Application.
Article 15. CONTACT
Any questions about the Application and/or Services should be sent by email to: email@example.com or by phoning 04 75 72 04 15.
Article 16. LOI APPLICABLE
The present GCU are subject to French law.
Any dispute or disagreement regarding the execution or understanding of this regulation which the parties cannot settle amicably shall be submitted to the relevant courts of jurisdiction at the Romans Court of Appeal.
Done in Romans, on 29 October 2018.