LEGAL NOTICE FOR THE MOBILE APPLICATION
The Application is edited by the Company Lumiplan Montagne, SAS (a French Simplified Joint-Stock Company) with a capital of 40,210 euros whose registered office is located at 1 impasse Augustin Fresnel 44800 SAINT HERBLAIN, registered in the French Register of Trade and Companies in Nantes under number B 432 911 469.
GENERAL TERMS AND CONDITIONS OF USE FOR THE MOBILE APPLICATION
The purpose of these General Terms and Conditions of Use (subsequently referred to as 'GCU') is to establish the rules for using the mobile application (subsequently referred to as the 'Application') produced by the Company Lumiplan Montagne.
The downloading and use of the application implies the unconditional acceptance of these CGU by the users who certify that they are over 15 (subsequently referred to as 'Users'). The Company Lumiplan Montagne reserves the right to modify these CGU at any moment by publishing a new version available for consultation.
ARTICLE 1. PURPOSE OF THE APPLICATION
The Application is provided to the Users by Lumiplan Montagne in the name of the corresponding ski station (hereafter the “Station”) to access information and services relating to resort and ski area.
Lumiplan Montagne reserves the right to change the list and content of the Application functionalities at any time without prior notice.
ARTICLE 2. ACCESS TO THE FONCTIONALITIES OF THE APPLICATION
To access the Application functionalities, the User must:
Have a mobile device with iOS (version compatible displayed on Apple store) or Android (version compatible displayed on Google Play store); Have an Internet access; Download the Application from the Apple Store or Google Play Store download platform; Optionnal : create a personal account (only for the use of selected services).
ARTICLE 3. AVAILABILITY OF THE APPLICATION
The Application is accessible 24/7, except in cases of force majeure, breakdown and maintenance operations. Maintenance operations may be carried out any time without prior notice.
ARTICLE 4. USE OF THE APPLICATION
The User undertakes:
To use the Application for private and not commercial purposes; Not to sell, lease or market all or part of the Application in any way; To use the Application for its intended purpose; Not to infringe the intellectual property rights to the Application and its constituent elements; Not to use data that is unlawful or that infringes third party rights, Lumiplan Montagne reserving the option to delete such data without prior notice with no right of the Users to claim payment of compensation of any kind; Not to commit any act compromising the security and confidentiality of data processed by the Application.
ARTICLE 5. GENERAL TERMS AND CONDITIONS OF USE FOR THE TRACKING MODULE SKI+INTRODUCTORY NOTE
Apple and Google Play are not sponsor and are not involved in the challenges proposed by this application in any way.
The tracking module developed in the 'Smartphone' application enabling anyone certifying that they are over 15 (hereinafter the 'User') to measure their skiing (or snowboarding) performances, to compare them with those of other Users. Notwithstanding the above, the SKI+ application is provided to the Users by Lumiplan Montagne in its name.
ARTICLE 5.1 SERVICES PROPOSED BY TRACKING MODULE SKI +
ARTICLE 5.1.1 Description of the services
The SKI + application enables Users :
to measure their skiing (or snowboarding) performances (the number of downhill runs, the difference in level, the distance, the times done...) via their GPS data and ski pass number, to replay the ski area via their GPS data and ski pass number, to perform the challenges proposed by Lumiplan Montagne and its commercial partners, and to compare their performances with those of the other Users, to consult the information on numerous ski resorts (hereinafter the 'Services').
The performances the User achieves enable him to earn points and to improve his position in the Users’ overall ranking. They also enable him to take part in challenges and to win the related electronic badges. In any event, the taking part in challenges, as is indicated in § 5.5 hereinafter, will not be the object of any attribution of a prize or present, or in general of any reward whatsoever on the part of Lumiplan Montagne.
ARTICLE 5.1.2 Availability of Services
Lumiplan Montagne cannot guarantee the continuity of access to the Services. SKI + maintenance operations may take place at any time and prevent access to the Services temporarily. As well as this kind of unavoidable inconvenience, adverse effects inherent to the use of the internet may happen (interruption of the service, exterior intrusion, virus, fraudulent use by a third party). Lumiplan Montagne cannot be held liable for any of this, or, more generally, for the interruption of the Services.
Lumiplan Montagne also reserves the right, without any notice being necessary, to interrupt the Services for good.
ARTICLE 5.1.3 Use of the Services
In order to use the SKI + Services the User must either open a SKI + account, and to do so choose a login name and password, which can be modified online on your SKI + Personal Space. The User is requested to personalize his profile by downloading a profile photo if he is over 18, or by choosing an avatar if he is under 18 ;
- log in through his Facebook account. Users over 18 duly acknowledge this and agree to SKI + having access to their Facebook profile photo and to it being seen by the other Users. For Users under 18, their Facebook profile photo will be replaced by an avatar which they will be invited to choose.
In this case, the User undertakes not to use as a profile photo a picture protected by someone else’s intellectual property rights and for which he has not obtained beforehand the right to use and share.
The Facebook or SKI + account login name and password chosen by the User are strictly personal and confidential and must not be communicated or shared by the User with third parties. The User is responsible for the use of his identifiers by third parties or for actions or declarations made through the intermediary of his personal User account, whether they be fraudulent or not and guarantees the Company Lumiplan Montagne against any claim in this respect. The User duly acknowledges that the Company Lumiplan Montagne has no obligation and does not dispose of the technical means to ensure the identity of the people joining and/or using its Services. If the User has reason to think that a third party is using his identifiers or his account, he must immediately inform the Company Lumiplan Montagne.
The User guarantees that the data he communicates are exact and correspond to reality. He undertakes to inform the Company Lumiplan Montagne immediately in the case of any modification in the data he communicated when he registered and, if necessary, to carry out the said modifications himself on his SKI + Personal Space.
Just the login name and, if applicable, the User’s profile photo can be visited by other Users, with the exception of the other personal data which shall remain confidential.
ARTICLE 5.1.4 Services are free of charge
The downloading and the use of the SKI + application by Users are not invoiced. Nonetheless Lumiplan Montagne reserves the right, eventually, to make its downloading and/or use payable.
It is specified that the equipment (mobile phone, software, means of telecommunication, ...) enabling access to the Services are to be paid for exclusively by the User, as are the communication charges related to the downloading of the application and its use.
ARTICLE 5.1.5 Absence of rewards for Users
Subject to what is indicated in §5.1.4 here above, Users take part in the challenges free of charge. As a consequence, Lumiplan Montagne does not attribute any prize or present, or in general any reward whatsoever to Users. The User duly acknowledges this, and therefore refrains from claiming any reward whatsoever from Lumiplan Montagne.
Lumiplan Montagne’s commercial partners to whom the Users’ data are transmitted under the terms and conditions laid down in §8 hereinafter, will be able, at their discretion, to attribute prizes, presents or rewards to some Users. The games-competitions-lotteries which may be organized by the Lumiplan Montagne’s commercial partners are done so under their own liability. Lumiplan Montagne shall never be assimilated to a lottery and/or competition organizer, and therefore can never be held liable for this, notwithstanding the fact that it suggests to the Users that they can visit the commercial partners sites in order to register for the games-competitions-lotteries organized by these partners. The rules and regulations of the games-competitions-lotteries organized by Lumiplan Montagne’s commercial partners must be requested directly from these partners. The User duly acknowledges and recognizes that the company Lumiplan Montagne is in no way liable for the terms and conditions that its partners shall themselves fix quite independently concerning the attribution of prizes, presents or rewards, or for the quality and delivery of the latter.
ARTICLE 5.2 THE USER’S OBLIGATIONS
The User certifies:
that he is informed of the risks attached to skiing, snowboarding, and in general all the other kinds of winter sports (falls, injuries...); that he is at least 15 years old. If applicable, the User certifies that he uses the SKI + application and does the challenges with the agreement of his legal guardians, and undertakes not to do so without their supervision; that he has the required physical condition to practise skiing, snowboarding, and in general any other winter sports, and that he has seen a Doctor beforehand in order to be sure of this; that he has full, good quality equipment necessary for skiing and/or snowboarding, and for any other winter sports; that he has been informed that it is recommended to practise winter sports with moderation, to stop from time to time, to drink regularly, to have a well-balanced, appropriate diet, to protect his skin and eyes,...
Prior to each use of the SKI + application, and in order to ensure that skiing conditions are not dangerous, the User undertakes to check at the ski resort both the weather conditions as well as the state of the skiing area.
The User undertakes within the framework of the Services :
not to ski anywhere other than on the marked skiing area; to respect the rules and regulations of the ski resort in which he is staying, and not to ski on any slopes which are closed; not to endanger his own life or the lives of any other people. For this, the User must always be in control of his trajectory and his speed, and adapt them to the place and circumstances he finds himself in. He must not use the Services when the weather conditions and/or the state of the skiing area are bad (risk of avalanches, insufficient snow coverage...); only to take part in the challenges for which he has the required level. The User undertakes, to this end, to inform himself of the required level before taking part in a challenge, and to ensure that the state of the skiing area has no effect on the indicated level of difficulty; to take part in the challenges in all good faith, and not to use any ruses to distort the reality of his skiing (or snowboarding) performances. Lumiplan Montagne reserves the right to terminate at any time the account of a User who has adopted any kind of behaviour which does not respect these general terms and conditions of use.
ARTICLE 5.3 LIMITS OF LUMIPLAN MONTAGNE’S LIABILITY
The aim of the SKI + application is to measure, in a playful manner, the skiers’ performances. It’s aim is not to provide its Users with information about the skiing area, or the weather conditions... The different information given by the SKI + application is communicated by the partner ski resorts. Lumiplan Montagne is not able to guarantee its updating in real time, or its exhaustive nature, and is exempt from any liability in that respect. Consequently, the User duly acknowledges that the SKI + application must only be used following the daily information (on the state of the skiing area and the weather conditions) provided directly by the ski resort in which he is staying.
Lumiplan Montagne cannot be held liable for the loss of User data or the impossibility of using or reconstituting the said data, resulting from a fault on the part of the User or limitation of internet access.
Lumiplan Montagne shall in no way be liable for the indirect prejudice undergone by a User or a third party following the use of SKI +.
ARTICLE 5.4 INTELLECTUAL PROPERTY
SKI + application is a creative work protected by current French and international legislation concerning copyright and intellectual, literary and artistic property and the other similar rights. All the elements making up SKI + such as namely, but not exclusively, trademarks, models, logos, pictures, texts, sound and other documents, are protected by intellectual property rights and are the sole and exclusive property of the company Lumiplan Montagne. They cannot be reproduced, used or represented without the express authorization of the company Lumiplan Montagne and/or its partners, failing which such use shall be subject to legal proceedings.
Likewise, all the trademarks which are listed under SKI + are trademarks protected by registration in the name of their respective holders. Thus any circulation, copy, duplication, modification, transfer, representation or reproduction, either in full or partial, of the SKI + application or of any one of the elements making it up, in any way or for any purpose whatsoever, is expressly forbidden, as is their alteration. The non-respect of this interdiction could constitute an infringement of copyright for which its author is liable.
The rights of use conceded to the Users by the company Lumiplan Montagne are reserved for private and personal use in the framework and for the length of time covered by the registration for the said Services. Any other use by the Users is forbidden without the authorization of the company Lumiplan Montagne.
The User expressly agrees not to modify, copy, reproduce, download, circulate, transmit, use commercially and/or distribute in any manner whatsoever the Services, trademarks, SKI + application and web site pages, or the computer codes of the elements making up the SKI + Services and application.
ARTICLE 6. MANAGING THE SETTINGS
The user can manage Application settings by clicking on the 'Settings' button on the Application 'Menu'.
The user can give details the stay and also provide information regarding his preferences. This enables the user to obtain information about activities available in the ski area that is appropriate for the members of the group.
ARTICLE 7. INTELLECTUAL PROPERTY
Lumiplan Montagne is the holder or licensee of the intellectual property rights to the Application and its constituent elements.
Lumiplan Montagne grants the user a non-exclusive, non-transferable, global, revocable and free licence to use the Application.
The user is specifically prohibited from undertaking any copy, extraction, reproduction, adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, reverse engineering, export, use of source code or merging of all or part of the Application or its constituent elements without express permission from Lumiplan Montagne beforehand.
This licence is granted for the protection period for intellectual property rights relating to the Application and its constituent elements provided for under French legislation.
ARTICLE 8. PERSONAL DATA PROTECTION FOR THE APPLICATION AND FOR SKI+
Lumiplan Montagne and the Station undertake to comply with the provisions of laid down by the Law No. 78-17 of 6 January 1978 “the French Data Protection Act” and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 'RGPD' and takes all necessary precautions to preserve the security of the personal data of users it is required to process, which are strictly necessary for the provision of corresponding services (hereinafter referred to as 'Personal Data').
8.1. Identity of the data controller and subcontractors
8.1.1. Lumiplan Montagne processes the Personal Data of the Users who are informed as subcontractor for the Application (the data controller being the Station) and as data controller for the SKI+.
The Data Protection Officer (DPO) of Lumiplan Montagne is Mr Jean-Marie FRECHE, whose contact details are as follows email@example.com.
8.1.2. If Lumiplan Montagne uses the services of subcontractors in the context of the provision of the Services, it guarantees Users that it verifies beforehand whether these subcontractors offer sufficient guarantees regarding the protection of Personal Data.
8.2. Personal Data processed and processing purpose
8.2.1. Personal Data means information that directly or indirectly identifies Users. By downloading the Application, the User duly accepts the use of its Personal Data according to these General Terms and Conditions.
8.2.2. In the context of the provision of the services, the process of the Personal Data of Users strictly is necessary for the provision of the services. Personal Data may include notably :
- Personal Data collected if the Users open a personal account to access to the application SKI+ via the Application: first name, name, email, date of birth, country, Facebook ID if login via Facebook connect, password, ski pass number
Personal Data collected only on the Application : tracking of the ski session ; passages to the ski lifts, GPS position, instantaneous speed, day and time, altitude of the ski session, badges earned and points earned, photos, videos.
8.2.3. The processing purpose of Users Personal Data is to :
On the Application :
- help the User geopositioned itself on the ski area or the resort and provide services in an nearby area.
- enable to send them all these information, the user must give permission to send push messages beforehand (Nota : They may withdraw consent by changing the settings on the 'Notification centre settings' page of the Application).
On SKI+ :
- to measure their ski and snowboard performances (number of descents, altitude difference, distance, time taken ...) via their GPS data and ski pass number,
- to replay the ski area via their GPS data and ski pass number,
- to carry out the challenges proposed by Lumiplan Montagne and its partners or by the Station, and to compare their performances with those of other Users,
- to consult the information of many ski resorts.
8.2.4. The Personal Data requested are mandatory for the providing of part or whole of the Services. Failure to active the location service, to permit to access to Personal Data on the Application, and all the Personal Data provided, on SKI+, will not allow to make the Users benefit from the services offered by SKI+ and by the Application.
8.2.5. Record is kept of Personal Data processed on SKI + and the Application.
8.3. Recipients of Personal Data
8.3.1. The Personal Data collected on SKI+ and on the Application is processed by the Lumiplan Montagne and Station teams and may be passed on to subcontractor companies to which it may call in the context of the execution of its services, with due respect conditions referred to in Article 8.1.2.
8.3.3. Lumiplan Montagne and the Station undertake not to transmit to any third party the Personal Data of Users, other than its subcontractors and partner companies (sponsors if Users use SKI+ via the Application). The Users duly accept that its Personal Data to be provided to partner companies when Users participate to challenge organized by them.
8.3.4. Personal Data is stored exclusively on hosting servers exclusively located in the European Union.
8.4. Retention period of Personal Data
8.4.1. Personal Data are only stored for a period of time strictly necessary for the accomplishment of the purposes.
8.4.2. Personal Data are stored, unless otherwise required by law or regulation, for a maximum of two (2) years from the last registrations or modifications made, taking into account the seasonality of the use of SKI +.
8.4.3. At the end of the retention period strictly necessary for the purposes mentioned in Article 8.4.1 or in the event of exercise of the rights by Users in accordance with Article 8.6, Personal Data is destroyed.
8.5. Personal Data security
High importance is attached to the security of Users Personal Data. Commitment is taken to take all necessary precautions and implements appropriate technical and organizational measures to permanently guarantee an appropriate level of security and to protect the Personal Data of Users against unauthorized alteration, destruction and access.The following technical measures are in place:
- secure hosting in France, OVH Datacenter, dedicated machine and on Ubuntu OS. (Refer to the OVH security policy, https://www.ovh.com/about/security.xml)
- Restriction of access to the server by SSH keys and protection by firewall
8.6. User Rights on their Personal Data
8.6.1. Users have the opportunity to exercise their rights of access, rectification, deletion, opposition, limitation of treatment, portability of their Personal Data and right not to be the subject of an individual decision automation (including profiling). To exercise one of these rights, Users must send their request by email to the following address: firstname.lastname@example.org. To which it will be responded to them as soon as possible and at the latest within one (1) month of receiving the request.
8.6.2. If the Users consider that the processing of their Personal Data constitutes a violation of the legislation in force, they have the possibility to file a complaint with the CNIL (www.cnil.fr).
8.7. Confidentiality of Personal Data
The confidentiality of the Personal Data of the Users is guaranted and it is ensured that authorized persons to process such Personal Data also undertake to respect the obligation of confidentiality.
ARTICLE 9. FINANCIAL CONDITIONS
Downloading the Application and access to and use of its functionalities are free, apart from any account charges made by phone service providers and Internet connection charges.
ARTICLE 10. LIMITATION OF LIABILITY
Lumiplan Montagne cannot be held liable for:
Any violation of the GCU by the User;
Any Internet network malfunction affecting the functioning of the Application. In this regard, the User hereby declares their awareness and acceptance of the features and limitations of the Internet, particularly the functional features and technical performance levels of the Internet, problems relating to Internet connection and access, problems relating to network availability and congestion, problems relating to network failure and saturation, problems relating to transit times, access to information posted on line, response times for displaying, viewing, accessing and otherwise transferring data, the risk of interruption, absence of protection for certain data against possible misuse and piracy and the risk of contamination by viruses on the network etc. ; Any malfunction or improper use of the device and any other User equipment ; Any data fault, loss, delay or transmission error beyond the control of Lumiplan Montagne.
ARTICLE 11. CHANGES TO THE GCU
The GCU applicable are those in force when the User logs onto and uses the Application.
Lumiplan Montagne reserves the right to change all or part of the GCU at any time without prior notice. The User will be informed of any new version of the GCU being posted on line the first time they log on to the Application after this has happened. They will be asked to read and accept the new version of the GCU. If they do not accept, the User will no longer be able to use the Application.
ARTICLE 12. CLAIM
The User can notify the company about any malfunction or failure by email at the following address email@example.com.
ARTICLE 13. LANGUAGE
Should there be any variation between the GCU in French and the GCU in English, the GCU in French shall take precedence.
ARTICLE 14. APPLICABLE LAW
These General Terms and Conditions are governed by French law.