Terms of use of the mobile application www.MOBITEE.com

Updated on May 22, 2018

Please read these General Terms of Use carefully before using the Service.

USERS OF THE SERVICE ARE INFORMED THAT THEY MAY TAKE ADVANTAGE OF THE SERVICE OFFERED BY MOBITEE ONLY SUBJECT TO THE UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS OF USE. IF YOU DO NOT AGREE TO THESE GENERAL TERMS OF USE OR THE PRIVACY POLICY, YOU MUST EXIT THE SITE AND MUST REFRAIN FROM USING THE SERVICES.

Definitions

General Terms of Use (GTU): refers to the General Terms of Use that govern the use of the MOBITEE Service.

MOBITEE Service or Service: refer to (i) the digital platform allowing access to certain digital content via a software application on certain smartphones, or (ii) the platform allowing access to certain digital content via MOBITEE’s Website (http://www.MOBITEE.com).

MOBITEE, Company, “we” or “us”: refer to MOBITEE SAS and all its partners, including but not limited to PIQ.

User or “you”: refer to any person using the Service through his or her User Account.

User Account: refers to the account created by the User when the Service is first opened and necessary to be able to activate the Service.

Privacy Policy: refers to MOBITEE’s commitment as to the retention and processing of the User’s Personal Data, without prejudice to the rights arising from the legal provisions in force.

Personal Data: refers to any information transmitted by the User permitting his or her direct or indirect identification.

Publisher: refers to the Publisher of the Website, namely MOBITEE, a simplified joint stock company (SAS) whose registered office is located at 91 rue du Faubourg St Honoré, 75008 Paris, France, registered with the trade and companies register of Paris under number 49988266000016.

Purpose 

The purpose of these General Terms of Use is to determine the characteristics, terms, and conditions of use of the Service as well as to define the rights and obligations of any User of the Service.

They also include MOBITEE’s Privacy Policy pertaining to the methods of collection, use, and protection of Personal Data in connection with the -Service, as well as the User’s choices with regard to the collection of his or her Personal Data.

They apply to the exclusion of all other terms.

However, they may be subject to changes. In that case, the applicable terms shall be those in force on the Application as of the registration date and then during its Use. MOBITEE reserves the right to modify or amend all or part of the Service's General Terms of Use at any time without notice. Use of the Service by the User constitutes full and complete acceptance of any changes made to the present General Conditions of Use.

Legal notices

The Website is published by MOBITEE France. 

Website publisher: MOBITEE, a simplified joint stock company (SAS) whose registered office is located at 91 rue du Faubourg St Honoré, 75008 Paris, France, registered with the trade and companies register of Paris under number 49988266000016.

E-Mail: contact@MOBITEE.com

Publication Director: Stan Chapus

Hosted by: https://www.hetzner.de/

Terms of use

MOBITEE disclaims any responsibility for the contents posted by Users on the Website and, in particular, may not be held liable for the content published by a User that may infringe upon the rights of one or more other Users or third parties, in which case MOBITEE shall provide the evidence that it was not informed of it by a User or a third party, that it could not know its contractual obligations in advance, or that it did not breach such obligations. MOBITEE reserves the right to immediately delete without notice any content published on the Website by Users that violates the rights of other Users and/or third parties and/or the laws and regulations in force.

The User agrees not to use the Service or Website to:

· publish or disseminate content that is sexually explicit, inappropriate, obscene, threatening, abusive, violent, vulgar, racist, injurious, defamatory, or untrue, is intended to harass, threaten, or bother, is of a pornographic nature or involving child pornography, attempts to justify crimes against humanity, is likely to incite racial hatred or violence or violate human dignity or the privacy of others, or violates the laws in force;

· send a computer virus, worm, Trojan horse, logic bomb, or any other type of file, software, or malicious code designed to limit, damage, interrupt, suspend, or destroy the functioning of any computer or telecommunications equipment;

· make reference or provide access to sites that do not comply with these General Terms of Use;

· access, use, or attempt to use the account, username, or password of another User or take the identity of another User in any way whatsoever;

· impersonate someone else, another user, or an employee or representative of MOBITEE; suggest that his or her statements or comments are supported and approved by MOBITEE; use the Website to send or transmit any content that may harm or cause damage to MOBITEE’s reputation in any way whatsoever;

· perform one of the following operations while accessing or using the site: request or try to collect, obtain, or retain personal data, passwords, account information, or any other type of information relating to other users;

· conceal the origin of communications;

· use search tools intended for the exploration of data, bots, or any similar tool to collect and retrieve data related to the Website;

· restrict, suspend, or prevent someone from using or accessing the Service or interrupt access to the Service, including but not limited to any act undertaken in this sense;

· interfere with or disrupt the functioning of the Service, servers, or network connections to the Service;

· violate any obligations, procedures, policies, or regulations related to the networks connected to the Service;

· publish, adapt, grant sub-licenses, translate, sell, reverse-engineer, decompile, or disassemble any part of the Service;

· make unauthorized attempts to access the Service (or any part of it);

· disseminate Content in violation of the property rights of third parties;

· go against, in any manner whatsoever, the rights of third parties or the laws and regulations in force; or

· take any measure that imposes or may impose (at the sole discretion of the Company) an unreasonable or disproportionate burden on the Company’s infrastructure or damage or disrupt the proper functioning of the Company’s infrastructure.

The User undertakes not to modify the software provided, where applicable, by MOBITEE in order to access the Service and not to use any modified version of this software and, in general, not to access it illegally and without the express permission of MOBITEE. Failure to comply with the User’s obligations, as defined, constitutes a serious breach of the obligations of the User in question. MOBITEE is entitled to disable the User’s account in the event of breach of one or more of those obligations.

Obligations of the User

The User guarantees that the data that he or she communicates are accurate and compliant with the regulations in force.

Any entry of false, inaccurate, outdated, or incomplete information or a User name or alias containing terms that are abusive, defamatory, violent, or obscene or, more generally, inappropriate terms may result in the closure of the User’s account.

More generally, MOBITEE reserves the right to suspend or delete the account of a malicious User or in case of violation of these general terms of use or violation of legal or regulatory provisions.

In particular, User accounts spoofing the identity of a third party shall be deleted.

The breach of the obligations thus defined constitutes a serious breach.

In the event that a User breaches one or more of these obligations, MOBITEE may terminate the contract and permanently eliminate the User’s possibility of opening a new account.

· Children under the age of 13 years

The Service is prohibited for children under the age of 13 years. MOBITEE refrains from knowingly collecting Personal Data or other information about children under the age of 13 years. If you are under the age of 13 years, please do not use or provide information through or within the framework of the Service.

If we find that we have collected or received Personal Data of a child under the age of 13 years, in the absence of any parental consent, we shall delete such data.

If you believe that we are in possession of Personal Data concerning a child under the age of 13 years, please send us an e-mail at the following address: privacy@MOBITEE.com.

Intellectual Property Rights

MOBITEE makes this Service available to the User for his or her strictly personal use.

All elements including but not limited to data, information, texts, files, animated/non-animated images, photos, videos, logos, designs, trademarks, models, and software available that are part of the MOBITEE Service are the exclusive property of MOBITEE. The Website and the Elements are specifically protected by French and international intellectual property law (in particular, copyright law and trademark law). As such, the software, interfaces, know-how, data, texts, articles, newsletters, press releases, presentations, brochures, illustrations, photographs, computer programs, animations, and all other information presented by MOBITEE to the User are the exclusive intellectual property of MOBITEE.

Accordingly, the User or a third party is prohibited from reproducing, representing, distributing, marketing, modifying, using, or transferring all or part of the reserved elements reproduced on the Service without the prior authorization of MOBITEE. Nothing in the Service should be construed as implicitly granting, by estoppel or in any other way, a license or a right pertaining to such Trademarks. Any unlawful use of all or part of the Website may result in criminal prosecution.

Computing, Data File, and Individual Freedoms

MOBITEE undertakes to ensure that the collection and processing of directly or indirectly personal data (“Personal Data”), carried out from the Service, are done in accordance with French data privacy law no. 78-17 of January 6, 1978. Its Privacy Policy is detailed below.

The User undertakes to respect all the laws relating to the protection of personal data and privacy during the use of the Service.

· Collection of your Personal Data

MOBITEE collects personal information, particularly your e-mail address, full name, address, and/or phone number.

Other Personal Data, automatically collected by MOBITEE, also relate to your computer hardware and software. Such Personal Data may include your IP address, your browser type, your domain names, access times, and the addresses of referring websites. Such Personal Data are used by MOBITEE and PIQ as part of the functioning of the Service in order to maintain the level of quality of the Service and to provide general statistics regarding the use of the services and MOBITEE’s website.

MOBITEE encourages you to review the privacy statements of websites that you visit from MOBITEE’s website in order to understand how those sites collect, use, and share your Personal Data.

MOBITEE disclaims all liability for the privacy statements or similar contents of websites other than MOBITEE’s website and websites of its family of websites or the use of your Personal Data by these third-party websites.

· Use of your Personal Data

MOBITEE collects and uses your Personal Data as part of the provision of Services. MOBITEE also tracks the websites and pages that you visit from MOBITEE’s site in order to determine which MOBITEE services are the most popular.

Such Personal Data are used in order to provide personalized advertisements and content on MOBITEE’s website and on Babolat’s site, including by way of electronic communications, to customers whose behavior indicates that they are interested in a particular area. MOBITEE is prohibited from selling or leasing its customer lists to third parties. In addition, MOBITEE refrains from using or disclosing sensitive Personal Data, particularly concerning race, religion, or political affiliations, without your explicit consent.

MOBITEE shall be entitled to disclose Personal Data about you (i) if it is compelled by law or by operation of court proceedings (for example, by an injunction), (ii) in response to a request from authorities responsible for the application of the law, or (iii) if it believes that the disclosure is appropriate or necessary for the prevention of a physical injury or a financial loss or in relation with an investigation involving a potential or proven illegal activity.

MOBITEE also reserves the right to transfer your Personal Data in the event of a sale, merger, or transfer of all or part of its business activity or assets. In the event of a sale, merger, or transfer, we shall do everything reasonably within our power to order the transferee to use the Personal Data provided by you in accordance with our Privacy Policy.

In case of communication of your Personal Data to MOBITEE, you may take advantage of the following rights:

· Examine the personal information provided by you;

· Request the correction of any error, any outdated information, or any omission noted in the personal information provided by you;

· Request that Personal Data not be used to contact you;

· Request that your Personal Data be deleted from the distribution lists used by us;

· Request that your Personal Data be deleted from our records;

· Refuse to be solicited by our website or by third parties.

In case of a request to delete your Personal Data from our records, you may need to wait a short time to allow us to process the request and verify that it is valid, that you are the originator of the request, and that the request does not come from an unauthorized third party. If you request the deletion of your Personal Data, we reserve the right to put an end to and/or limit your access to MOBITEE’s website or the Services.

To exercise any of these rights, please contact us at this address: info@MOBITEE.com.

· Security of your Personal Data

No method of protecting Personal Data is 100% safe. MOBITEE uses a variety of security technologies and procedures to help protect your Personal Data against any unauthorized access, use, or disclosure.

MOBITEE guarantees the security of personal information provided by you through encrypted transmissions on the computer servers in a controlled, secure environment protected against any authorized access, use, or disclosure.

· Modification of the Privacy Policy

MOBITEE reserves the right to modify this Privacy Policy at any time. In case of a significant change in the collection of personal information or in our privacy practices, we shall mention within the framework of the Service that our practices in this regard have been modified and shall indicate the link to the new policy to you.

In case of a substantial change in the terms of use of your Personal Data, we shall give you the option to exclude these new or differing terms of use.

· Application of this Privacy Policy

If you have any questions regarding this privacy statement, please contact us first at the following address: info@MOBITEE.com.

· Contact

MOBITEE gladly welcomes your comments regarding this privacy statement. If you feel that MOBITEE has not complied with this statement, please notify us at the following address: info@MOBITEE.com. We shall do everything reasonably within our power from a commercial perspective to quickly determine the nature of the problem and resolve it.

Modification of the application 

MOBITEE reserves the right, at any time, to modify or temporarily or permanently discontinue the Application without notice. 

Disabling of the User Account

Users may disable their Account at any time by making a request for the closure of their User Account to the Publisher at info@MOBITEE.com. Upon receipt of their request, MOBITEE shall immediately disable their account, subject to the time reasonably needed for the MOBITEE team member to carry out the deactivation.

The User also accepts and acknowledges that MOBITEE may immediately terminate his or her contract with MOBITEE and delete his or her account as well as all of these contents:

· If the User does not comply with these GTU and, more specifically, if the User publishes content that violates the intellectual property rights of MOBITEE or third parties;

· If an administrative or judicial authority orders it to do so by virtue of the applicable laws;

· If the User uses the service to conduct fraudulent or illegal activities.

The User acknowledges that if his or her account is deleted for a valid reason, neither MOBITEE nor a third party may be held liable for this deletion.

Applicable law

These Terms of Use and any dispute or claim arising from or related to these General Terms of Use, their subject matter, or their content (in each case, including non-contractual disputes or claims) shall be governed by and interpreted in accordance with French law without giving rise to any choice of a provision or a rule of law or conflict of laws. French shall serve as the language of interpretation.

Data Protection Policy effective from 25th May 2018

MOBITEE develops strong, long-lasting, trust-based relationships with our clients: ensuring your personal data remains secure and confidential is an absolute priority.

MOBITEE has a dedicated data protection team comprising a DPO (Data Protection Officer, registered with the CNIL - French Data Protection Commission) and specialist engineers.

Your personal data is hosted by Hetzner Online GmbH (https://www.hetzner.com)

DATA CONTROLLERS’ IDENTITY AND CONTACT DETAILS

The Data Control Manager is:

For personal data associated with creating and using a personal user account: MOBITEE, a joint stock company, whose head office is located at 91 rue du Faubourg St Honoré, 75008 Paris, France, registered with the trade and companies register of Paris under number 49988266000016.

Email: info@MOBITEE.com

Managing Editor: Stan Chapus

Hosted by: https://www.hetzner.de/

MOBITEE takes the necessary measures to ensure any personal data we store or handle is protected in accordance with the provisions of Internet Freedom Law and GDPR.

DATA ORIGIN & COLLECTION

All users’ data is collected directly from them.

MOBITEE is committed to obtaining consent and/or giving each user the opportunity to change or oppose the use of their data for certain ends, whenever this is necessary.

In all cases, you will be informed of how your data will be used via the different data collection forms.

PURPOSE OF DATA COLLECTED

1. Reason for collection

In order to create an account within the app, you are obliged to provide certain personal data. If you do not want to provide the requested information, then you may be unable to access certain parts of the app, and MOBITEE may not be able to provide the service you expect.

2. Purposes

You personal data is collected for legal reasons: MOBITEE uses it legitimately to ensure the best possible service. MOBITEE has a legitimate interest in carrying out customer satisfaction services to improve our services. Your consent is required in accordance with current legislation whenever prospective sales material or cookies are concerned.

User data collected by MOBITEE is largely used within the app itself.

As a secondary measure, your data is also collected for: preventing and tackling IT fraud (spamming, hacking etc.), improving the app, carrying out customer satisfaction surveys with regards to MOBITEE’s services (these surveys are carried out anonymously or are made anonymous after a short time), to obtain user statistics for this tool and to create internal reports for MOBITEE’s research and development team.

The compulsory or optional nature of any personal data requested, plus the possible consequences for MOBITEE users that fail to provide them are specified at the point of collection.

TYPES OF DATA HANDLED

To have full use of the MOBITEE app we will ask you to provide the following data: email address, name, address and/or telephone number, password, size, weight.

MOBITEE may also handle any data used to connect to and use the app for the prevention of IT fraud (spamming, hacking etc.). Browsing data like an IP address may be used to improve use of the app; connection and usage data may be used for customer satisfaction surveys on MOBITEE, your email address may be used for marketing campaigns (sms, email), so may your telephone number.

NO SHARING OF PERSONAL DATA

The personal data our users provide will not be passed on for sales or promotional use.

Personal data may be handled by MOBITEE’s subsidiaries and subcontractors (service providers), but only for the reasons detailed above and exclusively for the purposes detailed in this policy.

MOBITEE also uses the services by several specialist companies (mailshots, audience analysis): we can send you a list of companies upon request, email info@MOBITEE.com.

DATA RETENTION PERIOD

We only keep your data for the necessary time required for purpose, in accordance with the law.

USERS’ RIGHTS

Every time MOBITEE collects Personal Data, we take every possible precaution to ensure that this Personal Data is relevant to purpose.

In accordance with the European legislation in place, MOBITEE users have the following rights: the right to access (article 15, GDPR), correct (article 16, GDPR), update and complete user data; the right to block or remove personal user data (article 17, GDPR) if it is incorrect, incomplete, ambiguous or outdated; the right to withdraw consent at any time (article 13-2c, GDPR); the right to limit the use of user data (article 18, GDPR); the right to object to user data being handled (article 21, GDPR); the right to data portability when the data they have provided is automatically processed based on their consent or on an agreement (article 20 GDPR); the right to decide the fate of user data after death and to decide if MOBITEE may (or may not) pass on these details to a previously named third party.

As soon as MOBITEE is informed that a user has passed away and has their instructions, MOBITEE will destroy their data, unless it is deemed necessary to keep it for purposes of proof or to meet any legal obligations.

If you would like to know how MOBITEE uses your personal data, or to correct or oppose the handling of your data then please write to us at the following address: MOBITEE – 40 rue Madeleine Michelis 92 200 Neuilly sur Seine, France, or email info@MOBITEE.com. You should indicate which personal data you would like us to amend, update or delete and confirm your identity by including a copy of your passport. Requests to delete personal data are subject to the obligations imposed on MOBITEE by the law, in particular regulations concerning the storing and archiving of documents. Lastly, MOBITEE users have the right to lodge a complaint with the legal authorities, in particular with CNIL, the French Data Protection Commission (https://www.cnil.fr/fr/plaintes).

“COOKIES”

A ‘cookie’ is a small data file sent over the user’s browser and registered on the user’s device (computer, smartphone), (hereafter “Cookies”). This data file contains information like the user’s domain name, Internet provider and operating system along with the date and time they access the site. Cookies pose no risk of damage to the user’s device.

MOBITEE is likely to collect your data when you visit our website; data like pages visited and searches undertaken. With this information MOBITEE can improve the site’s content and your browsing session.

Cookies make browsing or finding services on a website easier, you can adjust the settings on your browser so that cookies can be accepted or rejected either as a general rule, or according to where the cookie comes from. You can also configure your browser so that each time a cookie is likely to be saved in your device you are asked for your preference. Please note that if you do not accept cookies then you may not be able to access all the functions of MOBITEE’s website.

If you refuse to accept cookies on your device or browser, or if you delete those that are registered, then your browsing and experience of the website may be limited. It may also mean that MOBITEE or our service providers, are unable to recognize the type of browser used by your device, its language and display settings, or the country from which your device appears to be connected to the Internet for technical compatibility.

MOBITEE can accept no liability for the consequences of the reduced running of the site and services offered resulting from refusing cookies or our inability to record or consult the required cookies for functionability due to the user’s decision. Each browser configuration is slightly different when it comes to managing cookies and your choices. Your browser's help menu has descriptions, so you can work out how to change your cookie preferences.

You can choose to delete or alter your choices concerning cookies at any time. MOBITEE may call upon external service providers to assist with collecting and handling the information set out in this section.

SOCIAL MEDIA

MOBITEE users may publish certain data obtained from the use of our services on Twitter, Facebook and Instagram directly from the MOBITEE app.

When you publish on these social media sites, MOBITEE may access any personal data you have registered as public that is accessible via your Twitter, Facebook and Instagram profile. However, MOBITEE will not create or use any independent Twitter, Facebook or Instagram database with the personal information you may have published there. MOBITEE will not collect any data linked to your private life in this way.

If you do not want MOBITEE to access any personal details that are published in the public area of your profile on social media accounts, then you should use the tools available on Twitter, Facebook and Instagram to limit access to this data.

SAFETY

MOBITEE uses every possible technical and organizational measure to ensure the safety and confidentiality of any data we handle.

To this end, we take every precaution possible with regards to the nature of the data we handle and the risks presented by its use in order to preserve the safety of the data and to avoid it becoming altered, damaged or accessed by a non-authorized third party. (Physical protection of offices, authentication processes with secure access via usernames and confidential passwords, connection logging, encryption of certain data etc.)

PERSONAL DATA AND MINORS

Any under age (under 16) or incapacitated user should obtain prior consent form their legal guardian before entering their personal data into the website or app. Unless required by law, MOBITEE may directly inform this guardian (i) of the specific categories of personal data collected from the minor and (ii) the option to object to the collecting, use or storage of this data.

The minimum age of 16 can be lowered to 13 in accordance with the local legislation in the user’s country of residence in line with article 8 of GDPR.

CONTACT US - DPO’S CONTACT DETAILS

If you have a question or complaint concerning MOBITEE’S compliance with the current policy or if you would like to send us a recommendation or comment in order to improve the quality of this policy, please contact us in writing at the following address: MOBITEE - 40 rue Madeleine Michelis 92 200 Neuilly sur Seine or email info@MOBITEE.com.