ARTICLE 1. SUBJECT
The purpose of these general terms and conditions of use of the Ensemble mobile application (hereinafter referred to as the "General Terms and Conditions of Use") is to define the terms and conditions under which the Company (Arkéa Assistance) makes this Application available.
Use of the Application is subject to compliance with the General Terms of Use by users (hereinafter the "User(s)" or "you").
The Application allows you to send text and picture messages to a family member or friend who is a Subscriber to the Arkea Assistance service, as well as to establish a video conversation with him/her.
This Application only works in conjunction with a family member or friend who is a Subscriber to the Arkea Assistance premium service.
In order to interact with the Subscriber's remote control box, the Application User must obtain the box code provided by Subscriber. This code is strictly personal and shall not be distributed or given to third parties.
The General Terms and Conditions of Use come into force on the date they are put online and are enforceable from the date of first use of the Application, for the entire duration of your use.
In the event of non-compliance with these Terms and Conditions of Use, the Application may not function properly.
The Company is Arkéa Assistance, provider of the remote assistance service, for the performance of these Terms and Conditions.
ARTICLE 2. DEFINITIONS OF TERMS
"Application" means the applications and services associated therewith, constituting a program that can be downloaded and executed from the operating system of the smartphone or tablet. The Application is made up, without limitation, of software, updates of this software and all or part of the following elements: database, editorial content, graphics, photo, video.
"Subscriber" means any natural person having subscribed to the remote assistance offer.
"User" or "You" refers to any natural person with full legal capacity who has access to the Application and is responsible for its use.
The use of the Application is reserved for the relatives of the persons who have subscribed to the Company's remote assistance contract.
"Services" refers to the various functionalities and services offered by the Application.
ARTICLE 3. USE OF THE MOBILE APPLICATION
3.1. Prior acceptance of the General Terms and Conditions of Use
Access to and use of the Application implies knowledge, acceptance without reservation and compliance by You with these Terms and Conditions of Use accessible from the Application's home page.
Your acceptance of the General Terms of Use is shown when you click on the button provided for this purpose the first time you connect to the Application.
Access to the full content of the General Terms of Use is available from the "About" tab.
3.2. Rules for using the Application
You agree to use the Application fairly and honestly, in accordance with the purpose for which it was designed and in compliance with the law.
You acknowledge and agree that compliance with these Terms of Use is a substantial condition for maintaining your access.
Access to the Application or to some of its features may be withdrawn without notice and without you being liable to pay compensation of any kind whatsoever in the event of a breach of the provisions of these Terms of Use that makes it impossible to maintain access to the Application.
3.3 Free use of the Application
The Application is offered free of charge to Users, excluding subscription costs with the mobile telephone operator, Internet connection and access costs and any additional costs charged for data loading.
ARTICLE 4 FUNCTIONALITIES OF MOBILE APPLICATION
The Application allows the User to benefit from the following services:
- Sending text, photo or video messages (android only) to the Subscriber to the remote assistance service
- Consultation of messages previously sent by the User
- Making or receiving a video call with the tablet of the Subscriber to the telecare service
The Subscriber's tablet is identified by a number on the back of the tablet. The Subscriber must then give this number to the User so that he can contact him.
Registration for the Application is done by the User entering his first name, his own telephone number, a photo and the case number written on the back of the Subscriber's device.
The User's telephone number allows the link to be made with the Subscriber's box. It is essential that the User enters this number correctly, otherwise the system may not be functional.
After registering for the Application, the Subscriber sees a new contact with the photo and the first name of the User appear on the touch control panel (the Tablet). This allows the Subscriber to contact the User.
The Application as a whole can only be connected to a Subscriber to the remote assistance service.
Depending on the smartphone versions some functions may not be accessible, such as receiving a video call.
The User must accept all rights (e.g. access to the camera, photo gallery, microphone, ...) that are requested during installation and use if he wants to have a fully functional system.
In accordance with the commitments made by the User in these General Terms of Use, the User is responsible for the security of access to his phone.
ARTICLE 5. INTELLECTUAL PROPERTY RIGHTS
The presentation and content of the Application are fully protected by the regulations relating to the protection of intellectual and industrial property rights.
The Company is the owner of the Application (without limitation: computer and software developments, databases, documentation, visual or sound elements, graphics, trademarks and logos). None of the provisions of the General Terms and Conditions of Use may be interpreted as an assignment, transfer, sale, concession, license, loan, rental, authorization to operate granted directly or indirectly by the Company to the User on the Application, its Content and/or Services.
The Company does not claim any ownership rights on the information sent by the User in the context of the use of the Services.
The Company grants the User a simple personal right to use the Application, the Content and the Services, non-exclusive, revocable, non-transferable, worldwide and free of charge, solely for its own needs, in connection with the performance of the Arkéa Assistance Telecare contract, to the exclusion of any other purpose, and in compliance with these General Terms and Conditions of Use.
It is strictly forbidden for the User to access and/or use the source codes of the Application and/or the software components of the Application.
The User does not acquire any intellectual property rights over the Application, the Content and/or the Services or any other rights other than those conferred by these Terms of Use.
The User expressly undertakes that the use of the Application shall in no way infringe the Company's rights, and in particular that such use shall not constitute an act of counterfeiting, unfair competition or parasitic use of the Content.
ARTICLE 6. RESPONSIBILITIES
6.1. Responsibility of Arkéa Assistance
The Company shall be responsible for the proper performance of its contractual obligations and shall implement all means at its disposal to ensure access to the Mobile Application.
Moreover, the Company may not be held liable :
- in case of incompatibility or obsolescence of the equipment used by the User to connect to the Mobile Application (smartphone) and in case of damage or alteration of the User's equipment;
- in the event of a defect, loss, delay or error in data transmission that is beyond their control;
- if data does not reach the User, for whatever reason, or if the data transmitted is illegible or impossible to process;
- if the User is unable to access or use the Application and/or Services for any reason whatsoever;
- if, for any reason, the connection should be interrupted;
The Company shall in no event be held liable for any damage of any kind whatsoever caused to Users, their terminals, computer and telephone equipment and the data stored therein, nor for any consequences that may arise from this on their personal, professional or commercial activity.
The Company undertakes to make its best efforts to secure access, consultation and use of the Application Services. The Application is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the Company's control and subject to any breakdowns, network or equipment failures and maintenance operations necessary for the proper functioning of the Application. Maintenance operations may be carried out without prior notice to Users.
The Company specifies that the execution of the remote assistance system applies under the conditions, limits and exclusions provided for in the special and general terms and conditions submitted at the conclusion of the remote assistance contract; in the event of contradiction, the mentions appearing on the special and general terms and conditions shall prevail over the presentation of guarantees made on the Ensemble Application.
6.2. Responsibility of the User
Use of the Mobile Application requires certain equipment for which the User shall be responsible. The User shall thus ensure the compatibility, proper installation, operation and maintenance of the equipment required to use the Mobile Application. The User shall also be liable for any malfunction, virus attacks or attempted intrusions related to his connection equipment.
The User expressly undertakes :
- To download the Application onto his equipment exclusively for personal use;
- Not to reproduce the Application, either permanently or temporarily, in whole or in part, by any means and in any form;
- Not to use any software or process designed to copy the Content;
- Not to make any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, or reverse engineering of all or part of the Application, Services and/or Content;
- Not to export the Application, to merge all or part of the Application with other computer programs;
- To expressly refrain from using software or devices likely to disrupt the proper functioning of the Application, or to take any action likely to impose a disproportionate burden on the Company;
- To use the Service in a diligent and reasonable manner, without abusive use of the Service; Not to make defamatory, discriminatory, aggressive, provocative or insulting comments or comments contrary to public order, morality or the laws and regulations in force;
- Not to set up systems likely to hack the Application and/or the Content, in whole or in part, or likely to violate these TOS;
- To inform the Company as soon as it becomes aware of an act of piracy and in particular of any illegal or non-contractual use of the Application and/or the Content, regardless of the means of distribution;
- Not to sell, rent, sub-license or distribute in any way whatsoever the Application and/or the Content to third parties;
- To keep secret the number of the Subscriber's remote assistance box communicated by the Subscriber. The preservation of this data is the responsibility of the User and the Subscriber.
The User declares that he/she is aware of and accepts the characteristics and limitations of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network; problems related to the connection and/or access to the Internet network; problems related to the availability and congestion of the networks; problems related to the failure or saturation of the networks; problems related to transit time, access to online information, response times for displaying, consulting, querying or otherwise transferring data; risks of interruption; lack of protection of certain data against possible hacking or piracy; risks of contamination by possible viruses circulating on the said networks, etc. for which the Company cannot be held liable.
ARTICLE 7. PERSONAL DATA
7.1. Data controller
Personal data concerning you is collected by the Company, which is responsible for processing and ensuring the protection of your personal data. The developments below inform you about the conditions under which the Company collects, processes, stores, archives and deletes your personal data. They also inform you of the rights you have over your data.
The Company's policy on the protection of your personal data is also described in the personal data policy available on the
www.arkeaassistance.fr website.
7.2. Data collection and purposes
In accordance with data protection regulations, the Company collects your personal data and carries out processing operations on the basis of the execution of the contract.
These processing operations are mandatory in the context of the use of this Mobile Application. Otherwise, the Mobile Application may not be used.
- The User's first names, photos and telephone number are the data collected by Arkéa Assistance in the context of the use of the Mobile Application. This personal data is necessary for the use of the mobile Application and the security necessary for the use of the Application's services.
- The User guarantees that the remote assistance box number communicated by the Subscriber will be kept.
The User, via the Mobile Application, has the ability to send photo, video and text messages to the Subscriber. These messages and images belong to the User. The service that is the subject of this Mobile Application is not a storage service and it is the User's responsibility to keep his/her photos and images on his/her own devices. Under no circumstances may the User request the Company to create and send him/her an archive containing his/her photos.
The Company undertakes not to access or exploit personal data, photos or videos, transiting through the application.
7.3. Recipients of the data
All personal data collected within the framework of the contract will not be communicated other than for the purposes defined above.
By communicating your personal information, you authorise the Company to share it for the same purposes as those previously indicated for the benefit of duly authorised agents, subcontractors, partners and companies of the group to which the Company belongs, who may be involved in the said implementation.
The list of companies to which this information is sent is available on request from the Company.
7.4. Data retention period
In accordance with the applicable legislation, your data is only kept for the time strictly necessary to carry out the purposes set out above. This duration may be increased by the statutory limitation periods.
7.5. Data protection measures
In view of the nature of personal data and the risks involved in processing, the Company takes the technical, physical and organisational measures necessary to preserve the security of personal data and prevent it from being distorted, damaged or accessed by unauthorised third parties.
The Company chooses subcontractors or service providers that offer guarantees in terms of quality, security, reliability and resources to ensure the implementation of technical and organisational measures, including those relating to the security of processing.
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