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I.            FORWARD

Notico® is a mobile application offering various services designed by Deveryware. Société Anonyme represented by Jacques SALOGNON as Chairman and Chief Executive Officer, with a capital of € 346,050, whose registered office is located at 43, Taitbout street, 75009 Paris, and registered with the Paris Trade and Company Register under number B 447 796 475.

Contacts

Phone number: +33 (0) 1 80 90 54 80

Fax number: +33 (0) 1 80 90 54 81

E-mail: notico@deveryware.com

Before using the Notico® mobile application, the User declares:

– To be at least 16 years old;

– Ensuring compliance with the prerequisites for the use of Notico® (see V. Eligibility);

– Have read and accept these Terms and Conditions of Use of the Notico® application;

It is previously specified that the Services offered by the Notico® application are varied. Some Services are freely available to the public users and others are reserved for professionals users and are only accessible by paid subscription.

For Professional Services, Additional Terms apply. These will be provided with the relevant Services.

II.           Definitions

Terms beginning with a capital letter within these Terms of Use, whether used in the singular or the plural, shall have the meanings given to them below.

Destination: refers to the purposes of using the Notico® mobile application. It could be among other things to locate contacts and be located by them (depending on the choice of settings set up) and receive alerts from public authorities, etc.

Deveryware Platform or Platform: refers to the computer system of Deveryware hosting the Notico® mobile application. The Platform works with various localization techniques, such as GSM, GPS, radio frequencies and WiFi.

GNSS: refers to Global Navigation Satellite System.

GPS: refers to Global Positioning System.

Identifier: refers to both the user-specific identifier (« login ») and the password (« password »).

In charge of Treatments: in these General Conditions of Use, as in the meaning of the regulations in force concerning the protection of personal data, this term refers to the person, the public authority, the service, the company or the organization determines the orientations of treatments and sets the means.

LBS: Location-Based Services, Location Based Services.

Mobile Support: refers to any smartphone or tablet that downloads, installs, and uses the Notico® mobile app.

Non-Professional Users: refers to a person who uses the Public Alerts Service and / or the Contact Service.

Open Data: means information freely accessible by all and reusable that Deveryware recovers and distributes to Users in their raw state.

Personal data: means any information collected as part of the Services provided by the Notico® application to identify, directly or indirectly, the Users.

Professional User: means a person who uses the Notico Professional Service for professional purposes.

Privacy Policy: This term refers to the rules of privacy applicable when using the Notico® mobile application

Pseudonymisation: Technique consisting of replacing an identifier (or more generally personal data) by a pseudonym. This technique allows the re-identification or the study of correlations in case of particular need.

Public authorities: refers to persons representing the State and local authorities in charge of a public service mission (Prefect, Mayor, Fire Department, etc.).

General Terms of Use (UGC): this term refers to these terms of use.

Right of use: means the right for the User to use the Notico® mobile application in accordance with its Destination, via the Internet directly or via a compatible Mobile Support after downloading and installing the application.

Service: This term refers to one or other of the solutions offered by the Notico® application.

User: means any natural person who uses the Services provided by the Notico® mobile application. It may be a Professional User or a Consumer User;

III.          PURPOSE

These Terms of Use are intended to set the terms and conditions under which the Professional User or Non Professional User has access to the Notico® mobile application.

IV.         CONTRACTUEL DOCUMENTS

These General Terms and Conditions of Use are binding on the Professional or Non Professional User when he has activated the Notico® mobile application by ticking the box where he acknowledges having reached the age of 16, read the present terms of use and the Privacy Policy.

In any case, on the date of first use of the Notico® mobile application, the Terms of Use are deemed read and accepted without reservation.

Deveryware reserves the right to modify these Terms of Use at any time without notice. However, Users will be notified of these changes 30 days before their entry into force.

The General Conditions of Use are permanently accessible via the Notico® mobile application by following the sections « Profile / Read more … / Legal information and version ».

V.           PRECONDITIONS

The use of the Notico® mobile application is subject to compliance with the following prerequisites:

– Benefit from internet access ⃰;

– Accept the Terms and Conditions of Use and the Privacy Policy;

– Open a Notico® account (in case of use of the “Contact Service” and / or the “Professional Service”);

– Have support compatible with the Notico® mobile application

⃰ The User wishing to benefit from the Services of the mobile application Notico® subscribes to the telecommunications operator providing access to the Internet.

VI.         DESCRIPTION OF NOTICO® SERVICES

As Notico® is an application offering various Services; the User is obliged to respect the rules applicable to the Service used.

Notico® is a mobile application that can be downloaded from Stores and offers the following Services:

– « Professional »: service reserved for professionals. It allows professionals to locate their employees in real time and send them assignments. It also allows its employees to make geo-localized lifts;

– « Public Alerts »: an accessible service without obligation to create an account. On the one hand, it allows the User located in a area to receive in real-time Open Data informations recovered by Deveryware and on the other hand to the User who is in a risk area to receive alerts and essential information from Public Authorities;

– « Contacts », a service enabling the User to locate his contacts who have previously given him permission to do so or to be himself located by his contacts to whom he has given permission to do so;

VII.        Terms of Access

Access to the Notico® mobile application is free to any User with access to the internet. All costs related to access, whether material costs, software or Internet access are exclusively the responsibility of the User. He is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.

Any User may, without obligation to create an account, receive Public Alerts, depending on its location.

Access to the Public Alerts Service, without an account, only requires the User to recognize:

– To be at least 16 years old,

– To have read and accepted the Terms and Conditions of Use and the Privacy Policy.

However, to receive personalized Public Alerts or to benefit from the “Contacts Service”, the User must first create an account.

The procedure for creating an account and accessing to the Notico® mobile application must be strictly observed by the User.

The Professional or Non Professional User wishing to open a Notico® account must be aware of the functional and technical characteristics and ensure that it is appropriate to his needs.

The creation of an account is done through an interface of opening of account proposed at the launching of the application, after its downloading.

Account activation includes the following steps:

Step 1: the User is invited to create a strong username and password, all the fields being obligatory;

Step 2: the User is then invited to give his phone number which will be used to communicate him the verification code;

This number will also be used to reset the password if the User forget it;

– Step 3: the User receives by SMS a verification code necessary for the activation of his Notico® account;

A User who has an account has the option to invite another person through a SMS to discover and use the Notico® mobile application.

It is reminded that the User is solely responsible for the conservation and use of his Identifiers. He will ensure that no third party not authorized by him has access to his « Notico® » account.

For this purpose, it is recommended to him:

– To use a complex password (consisting of at least 8 alphanumeric characters) and a number;

– To change his password regularly;

– Not to use a password already used for another service.

Access to a user account implies the use of an account with strictly personal and confidential identifiers (username & password) which must not be communicated to a third party under any circumstances.

The Identifiers are intended to reserve the User’s access to the Notico® services, to protect the integrity and availability of the Notico® mobile application, as well as the integrity, availability and confidentiality of their data.

IT IS EXPRESSLY RECORDED THAT DEVERYWARE COMPANY NEVER REQUESTS AND FOR ANY REASON THAT IT IS FOR THE USER TO COMMUNICATE ITS IDENTIFIER AND THAT ANY APPLICATION IN THIS DIRECTION SHOULD BE CONSIDERED AS A FRAUDULENT REQUEST.

The User must be particularly careful when accessing his account in public Wi-Fi or connection sharing.

In general, the User assumes sole responsibility for the security of access to his Notico® account. In the event that he becomes aware of unauthorized access to his Notico® account or if his password is forgotten, the User will use the procedure set up by Deveryware to reset his account identifiers.

VIII.      Installing the Notico® App

Services provided by the Notico® mobile application are available by downloading and installing the Notico® mobile application on a Mobile Support.

The User is responsible for the installation of the Notico® mobile application and for these updates and makes sure to comply with the instructions for installation and configuration of the Notico® mobile application.

It is up to the User to make sure beforehand the compatibility of his Mobile Support with the technical characteristics of the Notico® mobile application.

IX.          Availability of the Notico® mobile application

Deveryware strives to ensure availability of the Notico® mobile app 24 hours a day and 7 days a week.

Given the complexity of the Internet network, and in particular its technical performance and response times to consult, query or transfer information data, Deveryware cannot ensure continuity or absolute availability Services provided by the Notico® mobile application.

Deveryware is not responsible for the inherent technical hazards of the Internet, mobile phone networks, GNSS GPS coverage, Wi-Fi, and access interruptions that may cause slowdowns or downtime..

The company Deveryware reverses the right, without notice, nor compensation, to close or temporarily suspend the use of the Notico® mobile application in particular to carry out operations of maintenance, updates, etc.

The company Deveryware cannot be held responsible for the possible impacts related to the delay of the notifications and the unavailability of the Services of the mobile application Notico®.

X.           Intellectual Property Rights

The various components of the Notico® application are the exclusive property of Deveryware in accordance with Article L 111-1 of the Intellectual Property Code. Without this list being exhaustive, these include among others:

  • The logo and name of Notico®;
  • the source code;
  • texts and images;
  • Architecture;
  • Softwares ;
  • The database ;
  • The graphical interface;

These General Conditions of Use do not imply any transfer of any kind of intellectual property rights on these elements belonging to the company Deveryware for the benefit of the User.

Any reproduction and / or representation, total or partial of one of these rights, without the express authorization of the company Deveryware, is prohibited and would constitute an infringement sanctioned by the articles L. 335-2 and following of the Code of the intellectual property .

Similarly, under no circumstances the creation of an account may be interpreted as an assignment of intellectual property rights belonging to Deveryware.

The User has a personal right of use, non-exclusive, non-transferable and non-transferable.

This right of use is granted to the User only for the sole purpose of enabling him to use the Services provided by the Notico® mobile application, to the exclusion of any other purpose, as long as his account Notico® is active.

The User is prohibited from proceeding to any translation, adaptation, arrangement, recompilation or modification of the Notico® mobile application in particular with a view to creating a similar solution.

Deveryware warrants that it holds all intellectual property rights, or the authorizations, assignments or licenses of any rights of third parties necessary to the Notico® mobile application and allowing it to concede the use thereof to the User.

XI.          Hypertext links

Insofar as no control is exercised to verify the validity of the information of the websites quoting the Notico® mobile application or containing a link redirecting to the Notico® website www.notico.com , Deveryware informs the User that the content of these external sites cannot be considered as contractual information likely to engage its responsibility.

XII.        Personal data

1.    General stipulations

When creating the User account, Personal Data concerning the User will be requested. The boxes with a small star are reserved for essential information for the provision of Notico® mobile application services.

Deveryware reserves the right to use this personal data in strict compliance with the regulations.

To ensure compliance, Deveryware has a Data Protection Officer (DPO).

A Privacy Policy has been adopted, in which Deveryware explains how the personal data of the Notico® Services Users are processed. We strongly recommend you to read it by clicking here.

The Privacy Policy presents the following information:

  • The commitments of the company Deveryware to guarantee the confidentiality of your Personal Data;
  • The details of Personal Data collected by category;
  • The different periods of retention of Personal Data;
  • The details of the rights you are entitled to and the procedure for exercising them.

In accordance with the applicable rules, the User is informed that he has a right of access, interrogation, and rectification that allows him, if necessary, to rectify, complete, update, lock or erase any Personal Data that is inaccurate, incomplete, equivocal, out of date or whose collection, use, disclosure or retention is prohibited.

The User also has the right to oppose the processing of his data for legitimate reasons as well as a right to object to this data being used for prospecting purposes, particularly commercial.

2. Special stipulations

Any processing of personal data set up by Deveryware as part of the « Professional », « Contacts » and « Public Alerts » services provided by the Notico® mobile application has been the subject of a normal declaration by the DPO from Deveryware.

It is reminded that for the « Professional » Service, the Deveryware Company will be considered as a Joint Controller of the processing of personal data that will be communicated by the employer of the Professional User.

As for the « Contacts » and « Public Alerts » Services offered by the Notico® application, the Deveryware company will be considered as the Controller of Processing Personal Data communicated by the User to access the services offered by the mobile application. Notico®.

The User guarantees Deveryware that he understands the indispensability of the processing of his Personal Data and that he does not oppose their treatment.

As such, he accepts that his Personal Data is collected, processed and transmitted to the Deveryware Platform via the Notico® mobile application.

3. Personal data collected

a. Location data

The person equipped with a Mobile Support can be located by the Notico® mobile application according to the settings and parameter of the support concerned.

Location information is collected periodically to ensure the proper functioning of the Notico® Mobile Application Services.

However, the medium has settings to inhibit this collection of location information.

When the location information is received by the Deveryware platform, it can only be transmitted to other users based on the settings and permissions chosen by the User in the Notico® mobile application.

b. Other data collected,

When registering a User for the Notico® mobile application, Personal Data relating to him is collected to facilitate the proper performance of the Services expected.

These data are:

  • His phone number ;
  • His pseudonym;
  • If necessary, the picture of the User.

In order to measure the audiences and the proper functioning of the Notico® Mobile Application Services, other Personal Data about you may be collected, including:

  • METRICS PIWIK and AZETONE data;
  • Preferences and favorites settings data.

Access to this data is strictly reserved for authorized persons only and within the limits of their functions.

4. Recipients of Personal Data by Type of Service

The Personal Data of the Deveryware Platform remains confidential in order to respect the privacy of Users.

a. Professional service

The Personal Data processed within the framework of the “Professional Service” are only communicated to the customer considered as a Joint Controller in the same way as the Deveryware Company.

A matrix of responsibilities with details of the responsibilities of each Joint Controller will be attached to the contract between the customer and Deveryware.

b. « Contacts » service

The User has control over his location data. Other than the other Users to whom he has given permission to locate him, no other person may have access to his location data.

c. « Public Alerts » service

The public authorities in charge of crisis management or rescue operation may, within the framework of their mission and only in the case of ORSEC level alerts or orange vigilance, have on a cartographic background a set of Pseudonymised information.

These data make it possible to visualize:

– The position of the people to whom the alert message was sent;

– The number of people present in a given area;

– The number of people who have not read and read the alert.

XIII.       Guarantees of correct use

The company Deveryware declines any responsibility in the event of incorrect installation and / or use not conforming to the purpose of the Notico® application made by the User. The User agrees to use the Notico® application in a lawful and fair manner, in compliance with these Terms of Use or any special conditions, acting in a manner consistent with the application and in accordance with the laws and regulations. regulations, public order, morality and the rights of third parties.

The User prohibits any illegal or constitutive behavior of a fraud against the company Deveryware, other users or third parties.

The User agrees not to collect in any way information from other Users, manually or automatically, especially email addresses, without their consent, particularly for the purpose of sending surveys not solicitations or spams, email chains, etc.

XIV.      Responsibilities

  1. General provisions

Each party assumes responsibility for the consequences resulting from its mistakes, errors or omissions, causing direct damage to the other party.

Although Deveryware does its best to provide a quality service, Deveryware cannot be held responsible for the quality, integrity, completeness and accuracy of the information transmitted via the Notico mobile application. ®.

Deveryware declines all responsibility for any decision made by the User on the basis of the information published on the Notico® mobile application.

In any case, the company Deveryware can in no way be held liable, in any way whatsoever, in case of dispute or litigation between a User and a Public Authority or between a Deveryware client and its employees.

The User is invited to take all the necessary precautions including backup and duplication of data.

  1. Special provisions

As Notico® is a mobile application offering different Services, special responsibilities are required for each Service.

a. Professional service

Since the « Professional » Service is a service reserved for professionals in the course of their activities, Deveryware must be considered as a technical intermediary.

The company Deveryware will in no way be held liable following a misuse of the use of Notico® by a customer.

b. « Contacts » service

As for the « Contacts » Service, a technical device allows the User to invite the contacts he wishes to locate. The company Deveryware can not be responsible for any abuse of the use of this device, except in the case where it has been notified (by mail: notico@deveryware.com) and that it will have nothing done to put an end to it.

c. « Public Alerts » service

Since the « Public Alerts » Service is an intermediation service, Deveryware can not be held responsible for the content of the Open Data information that it collects and distributes to Users or for alert messages issued by the Public Authority identified.

XV.        Closing the Notico® account

The User may, at any time, delete his account from the Notico® application in the « my profile » section.

The member is informed that from the moment he is no longer a user of the Notico® application, he will lose access to his personal account.

Closing the account, for any reason whatsoever, implies the loss of all data, information and benefits conferred by the Notico® application.

The deletion of the account is irreversible.

It is then the User’s responsibility to take the necessary measures to preserve his data.

XVI.      Force majeure

In accordance with Article 1218 of the Civil Code, the company Deveryware can not be held liable for any breach of its obligations, if such a breach results from: a government decision, of justice or the CNIL (French Authority for the protection of personal data), that it acts of withdrawal or suspension of authorizations, whatever they may be, of a total or partial strike, internal or external to the company, of a fire, of a natural disaster, of a state of war, total or partial interruption or blockage of telecommunications or electrical networks, computer hacking or, more generally, any other event with the characteristics defined by case law and French law.

XVII.     General provisions

The parties agree to perform their obligations with perfect good faith.

The parties declare these commitments sincere.

In case of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

If one or more provisions of these Terms of Use are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a court of competent jurisdiction the other stipulations will retain all their force and bearing.

These Terms of Use of the Notico® application express the entirety of the obligations of the parties.

XVIII.   Law and Jurisdiction

The present General Conditions of Use are governed by French law.

Any dispute between the company Deveryware and the User as to the interpretation and execution of these Terms of Use is subject to an amicable settlement.

The party wishing to trigger this procedure must notify the other by registered letter with acknowledgment of receipt.

If, within a period of fifteen (15) days after its release, an attempt at an amicable resolution does not succeed, the User will be entitled to seize a mediator. The outcome of the mediation must occur within ninety-five (95) days.

If, within this period, no solution is found or if the user does not wish to resort to mediation, the dispute will be brought before the competent court of Paris if the user is a legal person. In case of dispute with a user who is a natural person, the competent court will be that of the domicile of the natural person.

Terms & Conditions of Use – Version October 2018