Terms and conditions of use and privacy notice – SENSTROKE
TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES
Last updated: 11/08/2023
1- TERMS AND CONDITIONS OF USE
Welcome to SENSTROKE (« the application », « the product »), a service offered by REDISON (« we », « us » « our ») to which are following the Terms and Conditions of Use and Privacy Policies. These Terms and Conditions of Use and Privacy Policies affect the use of Senstroke and the services associated (« the services »).
They constitute a legal agreement, which is a contract (the « agreement ») between the user (« you », the « user ») and REDISON, regarding SENTROKE usage.
Children who are less than 13 years old are not legally authorized to use the application nor to try to sign up or create an account.
IF YOU DON’T AGREE WITH THESE TERMS, PLEASE DON’T USE THE PRODUCT.
App: the Senstroke application, developed by REDISON;
Catalogue: the page where you can browse all REDISON Content made available to you;
User, You: any App user holding a User Account, or using the App without being registered;
User Account: your personal account on the App;
User Content: any content created, published, or shared on the App by a User, including but not limited to creations, User profile descriptions and pictures, captions etc.
Headquarters : the Senstroke application is a REDISON product. REDISON is an SAS with a capital of 184 108 €, registered to the RCS of Arras under the number B 831 187 448. The Headquarters are located at 84 rue Paul Bert – 62300 LENS.
The Head of Publication is Jérôme Dron.
4-ACCEPTANCE OF THE CONDITIONS OF USE
6-DESCRIPTION OF THE THE APP SERVICE
The APP is a drumming application.
The App offers in particular the following functionalities:
Creating your User Account;
Connect your Senstroke sensors to the app thanks to Bluetooth
Using REDISON Content and other Third-Parties Content
get unlimited access to the REDISON Content and other Third-Parties Content ;
7- PRICE OF THE SERVICES – PREMIUM SERVICES
The access to the App and to the Services are entirely free of charge.
The cost of connecting to the Internet, and other fees relating to telecommunications are entirely your own responsibility.
8- REGISTRATION / CONNECTION
Access to the App / Downloading
To access the App, you must download it to your smartphone or tablet, via Apple or Google legal downloading platform (App Store, Google Play). The download is free.
Minimum age to register on the App and / or use the Services:
if you reside in the European Union: you must be at least 16 years old at the time of registration, or the minimum age required in your country (15 years old in France);
if you reside outside of the European Union: you must be at least 13 years old at the time of registration, or the minimum age required in your country.
Intellectual Property – License of use to REDISON
REDISON doesn’t claim ownership of your User Content. Nevertheless, by using the App, you hereby grant to REDISON a non-exclusive, non-transferable, royalty-free, non-sublicensable license to use and reproduce your User Content for the whole world, and for the duration of protection of your User Content by intellectual property rights, for the following purposes: (i) to share your User Content and make it available to other Users within the App, particularly in order for REDISON and other Users to use, publish, adapt, modify and create derivative works based on your User Content; and (ii) to promote the App or more largely, the services offered by, and activities of REDISON, by any means, and through any communication channel, known or unknown at this date, in particular any social media, internet website, intranet or extranet, mobile application, email communication, displays and posters, television advertisements, printed press etc. In this respect, REDISON undertakes to make its best efforts to credit your User Account whenever it shares your User Content.
In case the User Content includes your picture, you grant to REDISON, free of charge, the right to use your image for the promotion of the App or the Services, on the media as mentioned above, for the duration of your User Account, and for the whole world.
License of use granted to other Users
You acknowledge that by sharing your User Content and its sources, you authorize other Users to publish, adapt, modify, and create derivative works based on your User Content, or to download it and use it for their own private and non-commercial use. This license is granted for the whole world, and for the duration of protection of your User Content by intellectual property rights.
In this respect, no User may use your User Content, or any of their User Content which is based on your User Content, for any commercial use without your prior written consent.
In the same manner, you will be able to use other Users’ User Content within the limits set forth herein.
You declare and guarantee to REDISON that:
Your User Content, or any part of it, is a content on which you have all the rights, licenses, consents and approvals required to use and license, as provided hereinabove;
Your User Content does not violate rights of third parties including, without limitation, intellectual property rights, performers’ rights, privacy or advertising rights, or rights related to confidential information;
Your User Content does not include offensive language, especially of a racial or discriminatory nature;
Your User Content does not to incite violence or advocate terrorism, war crimes or crimes against humanity;
REDISON, its subsidiaries, affiliates, successors and assigns, and their employees, agents, officers, directors and / or shareholders will not be responsible for your User Content.
In this respect, you warrant REDISON and other Users against any disturbances, claims, evictions, remedies or actions of any person on the grounds of the violation of their rights, and that you shall be responsible for all costs and damages that may result from such claims or actions.
REDISON reserves the right to remove your User Content, suspend or terminate your access to the App and / or exercise all legal remedies if REDISON believes that any of your User Content violates any of the statements or foregoing warranties, or otherwise violates the rights of another person or that violates any law, rule or regulation.
10- REDISON CONTENT
REDISON owns all intellectual property rights relating to the REDISON Content that is made available to you through the Catalogue.
REDISON grants you, free of charge, and for the duration of your User Account, the personal and non-exclusive right to access and use, publish, adapt, modify and create derivative works based on the REDISON Content, exclusively within the App or to download it and use it for your own private and non-commercial use.
Any commercial use of REDISON Content, or of User Content based on REDISON Content without the prior written consent of REDISON is strictly prohibited.
11-THIRD-PARTY WEBSITES AND APPLICATIONS
The App can give you access to websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, third party (hereinafter “external services”, “third party services”).
The App needs to activate the location in order to use Bluetooth even if the app is used in the background.
REDISON has no control over external services, and is not, and can not be responsible for their content, operation or use. By pointing or otherwise providing access to external services, The APP makes no warranty or does not expressly or implicitly endorse, in relation to the legality, the accuracy, the quality or the authenticity of the content, information or services provided by these external services.
You are responsible for taking the precautions to protect yourself against fraud while you are using external services, and you have to protect your systems against viruses, worms, Trojan horses, and other harmful content or destructive and documents that can be included or may emanate from these external services.
The APP disclaims any liability for any damages arising from your use of external services, and you irrevocably waive any claim against the APP, regarding the content or functioning of all external services.
When the User’s terminal is not connected to a Wifi network but to a mobile broadband internet access and data credit provided by its operator, the User acknowledges and accepts that the use of the Services is charged as credit data or invoiced in addition where they are considered to be out of plan.
Payment of potential and/or additional third party costs, and in particular of roaming charges, in the event of use of the Services outside of the country where the User is established, invoiced by the User’s network operator are payable in full by the User. The payment of third party costs is the sole responsibility of the User.
12 –GOOD CONDUCT / PROHIBITED BEHAVIOUR
By using the App, you formally undertake not to carry out via the Services any illegal and / or immoral acts contrary to public order, to comply with the laws and regulations in force, not to contravene public order, and not to jeopardise the normal course of the App and Services.
The App is an automatic data processing system. Any fraudulent access or remaining within such system is forbidden and sanctioned by law. In the same manner, any hindrance or alteration of the functioning of such system, or any introduction, deletion, or modification of the data contained in such system are forbidden. Therefore, you undertake not to disturb the functioning of this automatic data processing system, and in particular not to introduce any virus, nor to damage, illegally access, or modify, the data stored on the App.
You shall not extract and / or re-utilize parts of the content of the App without the prior written authorization of REDISON. In particular, you shall not use any screen scraping, web scraping, or “crawling” robot, or any similar tool for the collection of data in order to extract or re-utilize a substantial part, or a non-substantial part but in a systematic or repeated way, or the elements contained on the App.
You undertake not to access, or attempt to access the App by any mean other than the interface of the App provided by REDISON, nor to engage in any activity likely to hinder or disturb the functioning of the App.
13- INTELLECTUAL PROPERTY
Consequently, you shall refrain from any action that could damage, directly or indirectly, the intellectual property rights of REDISON. As such, the use, reproduction, transmission, marketing or creation of derivative works based on the Protected Elements without the prior written agreement of REDISON is strictly prohibited and punishable as copyright infringement.
14 – PUSH NOTIFICATIONS
If you have approved them, you may receive push notifications via the App to inform you of events relating to your User Account, or to the Services when REDISON wants to share news about the App, its features, or the Premium Services.
You can deactivate or configure push notifications at any time on the “Settings” page of your device
15 -EXCLUSIONS FROM GUARANTEES
You hereby acknowledge that you use the App at your own risk. REDISON cannot be held liable for the quality or comprehensiveness or availability of the Services offered by the App, the latter being offered “as is”. Furthermore, REDISON reserves the right to amend or suspend its Services at its discretion, and to stop producing the App at any time, without incurring any liability as a result.
REDISON shall do its best efforts to maintain the App available 7 days a week, and 24 hours a day. However, access to the App may be temporarily suspended, in case of planned or unplanned maintenance, migrations, updates, or constraints related to the functioning of the Internet.
It is recalled that the transmission of data over the internet only benefits from a limited reliability. The networks used to transmit such data may have different characteristics and capacities, and are likely to be saturated at certain times of the day, which may affect their delay of transmission and their availability.
The App is to be used for private purposes only.
REDISON cannot be held liable for any indirect damage, resulting from your use of the App (and in particular but without limitation loss of data, loss of customers or business, loss of chance or opportunities, loss of reputation), or from your impossibility to access the App, your use of the elements contained on the App, from any default, bug or interruption of the App.
REDISON will make its best efforts to secure your access to the App, but shall not ensure full security. REDISON shall not be held liable in relation to any bug or damages relating to the use of the Internet network, such as service breakdowns, external intrusions, or in the presence of IT viruses, or security breaches that may cause damages to your IT equipment or data.
17 – DELETING YOUR USER ACCOUNT
You may, at any time, decide to delete your User Account by contacting: firstname.lastname@example.org. Your request will be processed within the best delays.
Deleting your User Account will entail the permanent deletion of your User Content and personal data, subject to REDISON’s legal obligations.
REDISON will still be able to use your User Content for the purpose of the license granted herebove, and other Users who have created their own User Content on the basis of your User Content will still be able to use such User Content within the conditions set forth hereabove.
If you wish to re-register on the App, you must provide all your information again.
19- FINAL PROVISIONS
20- APPLICABLE LAW – DISPUTES
In case a disagreement or a dispute arises, you may contact REDISON directly in an attempt to resolve the dispute amicably.
If the dispute cannot be resolved amicably, you are informed that you can choose to use mediation free of charge.
You can also visit the European online Dispute resolution platform, available at: https://webgate.ec.europa.eu/odr/.
21-WHO ARE WE AND WHAT IS THIS DOCUMENT?
The The APP application (the “App”) has been developed and is operated by REDISON, which is located 84, Rue Paul Bert, 62300, LENS, France and can be contacted by email at: email@example.com, (hereinafter “REDISON”).
REDISON undertakes to process your Personal Data in accordance with the applicable laws and regulations, and in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, or “GDPR”, and Law No. 78-17 of 6 January 1978 on information technology, data files and liberties, in its current version (hereinafter the “Applicable Regulations”).
22- WHAT PERSONAL DATA DO WE COLLECT AND WHAT FOR?
REDISON processes your Personal Data for the purposes and on the legal bases set out below.
Personal Data collected when you register on the App
When you register on the App, you must provide a certain amount of information, particularly your username, email and password. You may also add a profile picture to your profile.
You can also decide to sign up with Apple, using your Apple ID, or with Facebook which will transmit to REDISON the public information on your Facebook profile: name, surname, profile picture, and if you chose to share it or if authorized in your Facebook settings, your email address. Please note that if you chose to hide your email address, we won’t have it, but we will nevertheless be able to communicate with you through Apple or Facebook.
REDISON processes such Personal Data for the creation and management of your account and for providing the services offered via the App. This processing is necessary for entering into and executing a contract with you.
You are informed that REDISON also uses your email address to send you service messages, and information relating to the App (e.g. contents created by the community, tutorials, new features etc.), and direct marketing emails or newsletters relating to other similar products or services offered by REDISON, on the basis of its legitimate interests to communicate with you and inform you of new products or services.
You hereby acknowledge that some of your Personal Data (username and profile picture) will be visible to other users of the App when you post content.
Please note that you can also access the App as a “visitor”, without registering. The above Personal Data will then not be collected.
Personal Data collected when you subscribe
You can also subscribe to the App or make in-app purchases.
In case of in-app purchases, your card details and invoice information (name, surname and postal address) are collected and processed by Google or Apple, depending on the app store of your device.
Data collected when you contact REDISON through the App
While you are using the App, you may contact REDISON. REDISON will process your personal data based on its legitimate interests to process and answer your questions and claims.
Anonymous usage data
REDISON may collect usage data, in an anonymous manner, in order to better organize and manage the contents it presents on the App. This data is aggregated and can in no respect identify you.
With Whom Do We Share Your Personal Data?
Your Personal Data may be transmitted to REDISON’s processors and service providers, and particularly its technical, hosting, payment or client support services providers such as:
Zendesk for client support and ticketing;
DigitalOcean for data storage.
REDISON may also need to share your Personal Data with its external advisors (lawyers, accountants, etc.).
You are hereby informed that, while REDISON does not actively transfer your Personal Data outside the European Union, some of its data processors may do so, particularly to the United States, under the Privacy Shield:
– Zendesk: https://www.zendesk.com/company/customers-partners/privacy-policy/
How Long Do We Store Your Personal Data For?
REDISON shall store your Personal Data for any length of time required for the use of your account, as such, your Personal Data will be permanently deleted when you delete your account.
Furthermore, if your account remains inactive for a period of 3 years after the final user action, REDISON will send you an email to inform you of the deletion of your account.
You are hereby informed that REDISON reserves the right to store your Personal Data in its temporary archives where strictly necessary to defend its rights in the event of a dispute, for the applicable limitation period.
Also, please note that considering its status of hosting service provider, REDISON is subject to a legal obligation to retain some Personal Data relating to you for a duration of one year, on the basis of article 6.II of the Law 2004-575 of 21 June 2004 on confidence in the digital economy (LCEN).
How Can You Exercise Your Rights?
In accordance with the Applicable Regulations, you have the rights to access, rectify, and delete your Personal Data. Under the conditions of the Applicable Regulations, you also benefit from the rights to request the limitation of the processing, the portability of your Personal Data, and the right to object to processing for reasons pertaining to your personal situation when the processing is based on REDISON’s legitimate interest. You can also communicate instructions about the fate of your Personal Data in the event of your death.
You can also, at any time, and without reason, object to the processing of your Personal Data for the purposes of direct marketing.
You can exercise these rights with REDISON by sending your request accompanied by a copy of an identity document by email to the following email address: firstname.lastname@example.org or by mail, writing to the following address: REDISON, 84, Rue Paul Bert, 62300, Lens, France.
In any case, you may, at any time, submit a claim to the CNIL (French Data Protection Authority) (www.cnil.fr).