1 PREAMBLE
The "Longlife Family" solution is a set of applications published by the company LifeStone Link offering a range of services facilitating the care of Seniors and strengthening intergenerational links.
The Longlife Family Application is available for download from the Apple Store platforms edited by Apple Inc. and Google Play edited by the company Google Inc. It is intended for use on an IOS or Android type smartphone.
2 DEFINITIONS
Words or expressions beginning with a capital letter will have the following meaning in the remainder of this document:
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Facilitator: member of CCAS, EHPAD or Foyer-Logement welcoming autonomous, semi-disabled or dependent residents, who can support Seniors for browsing the Longlife Family application on the tablet and send them news-type content via their host account , messages, videos, files and photos.
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Application ou Mobile Application: set of mobile applications that make up the solution, namely the Longlife Family application intended for Seniors and Animators and the mobile application intended for Seniors' Families.
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Family: refers to all family members, relatives and friends of the Senior who have access to the Longlife Family application, through which they can exchange messages and other content.
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Senior: person associated with a Longlife Family account and benefiting from the services offered by the Application, thanks to which he will have access to entertainment content and services allowing him to interact with his Family.
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Service: all the services accessible from the Application.
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Company:LifeStone Link, a simplified joint-stock company with a share capital of € 72,470 with its registered office at 200 boulevard de la resistance, 71000 MACON, France registered with the RCS of Mâcon under number 838 588 671.
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Users: all people using the Services (Seniors, Family and Animators).
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Personal data: any information directly or indirectly identifying a natural person (eg name, registration number, telephone number, photograph, date of birth, municipality of residence, fingerprint, etc.).
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Processing of personal data: any operation, or set of operations, relating to such data, whatever the process used (collection, recording, organization, conservation, adaptation, modification, extraction, consultation, use, communication by transmission dissemination or any other form of provision, reconciliation or interconnection, blocking, erasure or destruction, ...).
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Responsible for processing personal data: the person who determines its purposes and means and who is criminally responsible for breaches of the Data Protection Act and the European Data Protection Regulation during implementation data processing.
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Data transfer: Any communication, copy or movement of personal data intended to be processed in a country outside the European Union.
3 SUBJECT
3.1 ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
The General Conditions of Use (TOU) described below are intended to define the legal framework for the use of the Service by Users as well as the relationships that may be established between them and the Application.
These Terms & Conditions are made available to Users on the Mobile Application where they can be viewed directly and can also be communicated to them on request.
By installing and using the Application, Users declare and acknowledge having read these T & Cs and fully accept them.
The Company reserves the right to modify these T & Cs at any time and without notice. The applicable conditions are those in force on the applications during use. Consequently, Users must keep themselves informed and consult these T & Cs each time they are used.
3.2 OPENING OF USER ACCOUNTS
To use the Application, the User must provide personal information relating to his identity, such as his name and first name. Otherwise, the opening of the User account will not be possible. The use of Users' personal data is governed by paragraph 3.5 of the T & Cs.
The User acknowledges and agrees to keep confidential the username and password allowing access to his account. The username and password are personal and must not be shared or transferred to any natural or legal person, in any form whatsoever.
The User is solely responsible for his account and the use he makes of it.
3.3 ACCESS TO SERVICES
The connection to the necessary telecommunication services (Internet), the equipment necessary for the use of the Services for Seniors and Animators (touch pads) remain the responsibility and under the responsibility of the Users.
Under these conditions, the Company cannot be held responsible for a non-functioning, an impossibility of access, or poor conditions of use of the Application attributable to internal dysfunctions to the access provider, to the congestion of the Internet network, equipment malfunctions and for all other reasons outside the Company having the character of a case of force majeure As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Operation of the Service may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and / or their presentation. As far as possible, the Company will inform Users prior to a maintenance or update operation.
3.4 PERSONAL DATA
The personal data provided by the Users or by the establishments in which the Seniors reside are intended for Longlife Family.
The processing of your personal data complies with the Data Protection Act and the European Data Protection Regulation and is entered in the CIL Groupe register.
Users are informed that in application of articles 39 and 40 of law n°78-17 known as "Informatique et Libertés" of January 6, 1978 amended by law 2004-801 of August 6, 2004, any User proving his identity has a right of access, rectification, modification and deletion of personal data concerning him, by making the request by mail to the address of the Company.
The Company may establish general statistics on the use of the Application for the purpose of improving the Service offered. They will in no case be disclosed to a third party.
Users acknowledge having been informed of the processing of their personal data, recognize that it is necessary for the execution of the Application and the Mobile Application and as far as necessary expressly authorize it. Users also authorize the Company to transfer their personal data to France which would be collected in another country (in this case the right of access to personal data will be as described above). In general, the data processed within the framework of the application are not intended to leave French territory.
Personal data is kept with a third party appointed by the Company, for the duration of the effectiveness of the Users' account as well as for 6 months from the date of the deletion of this account.
3.5 SOCIETY RESPONSIBILITY
The Company undertakes to do everything in its power to keep the Application in an operational state. As such, it agrees to carry out regular checks in order to verify the functioning and accessibility of the Application. The Company reserves the right to temporarily and exceptionally interrupt access to the Application for any maintenance or improvement interventions in order to ensure its proper functioning. Technical incidents or operational interruptions resulting therefrom do not give the right to any compensation, compensation or price reduction.
The Company cannot be held liable in the event of:
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Difficulties (speed of access, slowdown) or momentary impossibilities of access to the Application which could have originated from circumstances which are external to it, or which would be due to disturbances of the telecommunication network.
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Damage of all kinds, direct or indirect resulting from the use of the Application and in particular any financial loss, loss of programs and / or data from the mobile terminal of the Senior or of any User of the Application (Senior or Host) .
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Omissions and / or errors that the Application and the customer sites to which it redirects could contain.
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Hacking of servers or any other event (excluding deletion of Users' accounts) leading to a possible leak / destruction / alteration / loss of personal data kept by the third party appointed by the Company for this purpose.
3.6 USER'S RESPONSIBILITY
Users are solely responsible for the use of the content of the Application and its consequences. The Company cannot be held responsible for the use of services by Users and in particular, but not exclusively, with regard to:
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Respect for laws, regulations, charters of practice or professional ethics, national and international in force, particularly but not exclusively in matters of copyright and image rights;
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Editing, reproduction, consultation and / or sharing, of any content, aimed in particular at incitement to crimes and offenses, incitement to racial hatred or suicide, denial of crimes against humanity, or containing elements of child pornography, which are strictly prohibited by The Company in the context of the use of the Application;
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Editing, reproduction, consultation and / or sharing, of any content of a violent or pornographic nature that may be accessible to minors, which are strictly prohibited by The Company in the context of the use of the Application;
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Any violation of the above standards by an Animator that may cause harm, direct or indirect, to the Senior and / or to the Family of the latter;
3.7 HYPERTEXT LINKS
The Application offers links to websites published and / or managed by third parties. Insofar as no control is exercised over these external resources, the User acknowledges that the Company cannot be held responsible for their content, their products, their advertising or any elements or services presented on these sites.
3.8 INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and content (texts, images, visuals, logos, brands, etc.) implemented by the Company on the Application are protected by intellectual property rights in force belonging to The society.
In accordance with the provisions of the Intellectual Property Code, only the use of the Application for private use is authorized to the exclusion of any other use.
Any other use, except with the prior authorization of LifeStone Link, constitutes an infringement and is punishable under intellectual property rights.
Any reproduction, representation, distribution and use of any of its elements, including disassembly, decompilation, decryption, extractions, downloading, reusing, copying, in whole or in part, without the authorization of the Company are strictly prohibited, under penalty of legal proceedings.
The use of the Application and the Mobile Application in fact does not entail any transfer of intellectual property rights in favor of Users.
3.9 APPLICABLE LAW AND COMPETENT JURISDICTION
The language of these Terms & Conditions is French and the French version will prevail over all other versions translated into another language.
Any difficulty arising from the interpretation and / or execution of these presents which could not be resolved amicably by the parties, will be subject to the assessment of the competent French courts.
The only laws applicable to these T & Cs are French laws.