General Sales Conditions

Conditions and Privacy Policy

Terms of use:

Using My Keeper, users are bound to respect the terms of use My Keeper. Due to the use of My Keeper of Google products, are included the terms and conditions of Google.

 

Privacy policy:

My Keeper uses Google Maps, Google Places Web, and Google Directions API and other services based on location. Using this application, My Keeper and users accept the Keeper of My privacy policy. Due to the use of My Keeper of Google products, including Google's privacy policy.

TERMS OF USE OF MOBILE APPLICATION MY KEEPER

 

These general conditions of use (hereinafter "Terms") are the rules for using the mobile application "My Keeper" (hereinafter referred as the "Application") published by My Keeper.

The installation and access to the Application, and its use are subject to the unconditional acceptance of the Terms by the user.

 

ARTICLE 1. PURPOSE OF THE APPLICATION

 

The purpose of the application is:

The creation, development and marketing of connected object and accessories related to these objects and mobile application including a subscription purchase, sale service and sale of data.

The provision of ancillary services to the main subject:

The participation of the company, by any means, directly or indirectly, all operations related to its object, in particular through the creation of new companies, by taking interest, contribution, subscription or purchase of shares or rights, mergers or otherwise in any existing or future companies, by way of conclusion of all types of commercial contracts; acquisition, operation or sale of any processes, trademarks and patents concerning these activities.

And all industrial, commercial, economic, financial, civil, securities or property, related directly or indirectly to the corporate purpose or any similar object, related or complementary.

My Keeper reserves the right to modify at any time without notice the list and content of the functionality of the application.

 

ARTICLE 2. ACCESS TO FEATURES OF THE APPLICATION

 

To access the functionality of the application, the user must:

 

  1. Having a mobile device (smartphone) with the iOS operating software (version 7.8 and 9) and Android (4.3 and higher) and access to the Internet;
  2. Download the application on the website www.mykeeper.fr or a download platform mobile application (App Store or Google Play);
  3. Accept the Terms;
  4. Create a personal space with a valid phone number, an email address and a birth year.

 

ARTICLE 3. AVAILABILITY OF APPLICATION

 

The Application is available round the clock, 7 days 7, except in cases of force majeure, breakdowns and maintenance. Maintenance operations may be carried out at any time, without notice.

 

 

ITEM 4. USE OF THE APPLICATION

 

4.1. General rules

 

The user agrees to:

 

  • Use the Application solely for personal, noncommercial purposes;
  • Do not sell, rent or commercialize in any manner whatsoever, all or part of the Application;
  • Use Application exclusively for the purposes for which it is intended;
  • Keep confidential and not to disclose to a third party login data (email and phone number) allowing access to his personal space;
  • Do not infringe the intellectual property rights for My Keeper on the application and the component elements;
  • Do not use illegal data or infringing the rights of others, My Keeper reserving the right to delete data without notice and without the user can claim payment of any compensation whatsoever;
  • Do not commit any act prejudicial to the security and confidentiality of data processed by the application.

 

4.2. Provisions specific to certain features

 

Sending alert:

 

The feature "Alert Sending" allows the user to send free alert to his family and the community with My Keeper location of the victim and a conversation between guards to help him.

The user can access this feature by clicking on "I need help! "My Keeper in the map or by using the alarm button connected My Keeper by two successive pressures on the unit. In both cases, the user must first have created a circle of guards with his family and those close.

By adding someone to guard his circle, the user agrees to share it with her when an alert is sent location data.

The user may at any time modify these circles guards (add or delete a contact) accessible on the "My guards circles" under the "Settings" application. Sharing location data when the user alerting sending cease simultaneously with the removal of the guard.

If the user agrees to "Preventing upon warnings community" other users of the application My Keeper present in a close radius will receive the alert. By accepting the help of the community, the user agrees to share it with her when an alert is sent location data.

 

 

Report an incident:

The feature "Report a problem" is used to signal to the rest of the community of people in need or people with signs of aggressiveness.

The user can access this feature by clicking on "Report a problem" in the Map My Keeper. The user undertakes not to report actual incidents.

 

ARTICLE 5. INTELLECTUAL PROPERTY

 

My Keeper is the owner of the intellectual property rights on the Application and component elements.

My Keeper grants you a non-exclusive, transferable, worldwide, revocable and free for the use of the Application as intended.

The user agrees not to carry out any copying, extraction, reproduction, adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, reverse engineer, export, use of source codes or any fusion or part of the application or the component elements, without the prior express consent of My Keeper.

This license takes effect upon acceptance of the Terms by the user and is granted for the term of protection of intellectual property rights relating to the Application and component elements as provided for under French law, subject to the is under section "termination" of the TOS.

 

ARTICLE 6. PERSONAL DATA

 

Data collected for the creation of personal space and during use of the application is subject to a data processing to allow the user to benefit from the features of the application in a personalized way, facilitate and enrich their experience. Collected include the user's location data when using features based on geographical information.

 

These data are exclusively for My Keeper controllers.

 

In accordance with the Data Protection Act of 6 January 1978, amended in 2004, the user has the right to access, modify and delete data concerning him, he can exercise by contacting:

  • My Keeper by email at contact@mykeeper.fr or by mail to the following address:

154 Chemin Saint Michel, 06620 Le Bar sur Loup.

The lack of supply or removal of personal data will not however the user to access the application and to use the features.

 

ITEM 7. FINANCIAL CONDITIONS

 

Downloading the Application, as well as access to its features and their use, are free but subscription fees from an operator of telephony and cost of connection to Internet. The introduction of a pay part of the application is scheduled for the 2017-2018 year.

 

 

ARTICLE 8. LIMITATION OF LIABILITY

 

Responsibility for My Keeper can be incurred due to:

 

  • A violation of the TOS by the user;
  • A violation of user-behavior charter when it comes to using a person.
  • A malfunction of the Internet network affecting the operation of the Application. In this regard, the user acknowledges and accepts the characteristics and limits of Internet networks including functional and technical performance of the Internet, problems of connection or access to the Internet, problems related to availability and network congestion, problems related to the failure or saturation of the networks, the problems related to transit time, access to information put online, response times to view, consult, question or otherwise transferring data, the risks of interruption, lack of protection of certain data against possible misuse or piracy, the risk of contamination by viruses circulating on the said networks, etc. ;
  • A malfunction or misuse of the terminal and other user equipment;
  • Default or loss, delay or independent data transmission error of the will of My Keeper;
  • On impersonating a third by a user.

 

ARTICLE 9. TERMINATION

 

The user can delete his personal space at any time and without charge, upon request from My Keeper:

 - My Keeper by email at contact@mykeeper.fr or by mail to the following address:

154 Chemin Saint Michel, 06620 Le Bar sur Loup.

 

My Keeper reserves the right to delete user's account without notice for violation of the TOS by it, but may not require payment of any compensation whatsoever. My Keeper can use this right without prejudice to the right to seek payment of damages in compensation for damage suffered due to the violation of the TOS by the user.

 

My Keeper also reserves the right to delete the account of the user in case of abandonment of the application without the user can claim payment of any compensation whatsoever.

 

Deleting the account of the user results in the concurrent termination of the license granted to the user for use of the Application.

 

 

ARTICLE 10. MODIFICATION OF THE TERMS

 

The applicable Terms are those in effect on the date of the connection and use of the application by the user.

 

My Keeper reserves the right to modify all or part of the TOS at any time, without notice. The user is informed of the on-line a new version of the TOS at its first connection to the application following this on-line. He was invited to play this new version of the Terms and accept. In default of acceptance, the user can not use the Application.

 

 

ARTICLE 11. CONTACT

 

Any request concerning Application should be addressed to:

- My Keeper by email at contact@mykeeper.fr or by mail to the following address:

154 Chemin Saint Michel, 06620 Le Bar sur Loup.

 

 

ARTICLE 12. LANGUAGE

 

In case of discrepancy between the TOS in French and Terms in another language, the French language Terms prevail.

 

 

ARTICLE 13. APPLICABLE LAW

 

The Terms are subject to French law.

Policy summary

 

Data Controller and Owner

MY KEEPER, SAS – 154 chemin saint Michel, 06620 Le Bar sur Loup.

Phone : +33 6 66 70 82 72 / E-mail : contact@mykeeper.fr

RCS Grasse – SIRET 821 064 474 0001

 

Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookie, Usage data, Phone number, General activity data, Gender, Geographic position and Various types of Data.

Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection.
The Personal Data may be freely provided by the User, or collected automatically when using this Application.
Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User.
Failure to provide certain Personal Data may make it impossible for this Application to provide its services.

Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

Mode and place of processing the Data

Methods of processing

The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.

Place

The Data is processed at the Data Controller's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.

Retention time

The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.

 

The use of the collected Data

The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Analytics, Contacting the User, Handling activity data, Hosting and backend infrastructure, Infrastructure monitoring, Location-based interactions and Social features.

The Personal Data used for each purpose is outlined in the specific sections of this document.

 

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

  • Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google Inc.)

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookie and Usage data.

Place of processing : USA – Privacy Policy – Opt Out

  • Contacting the User

Phone contact (This Application)

Users that provided their phone number might be contacted for commercial or promotional purposes related to this Application, as well as for fulfilling support requests.

Personal Data collected: Phone number.

  • Handling activity data

These services allow the Owner to use the activity data collected by your device in order for this Application to operate or to provide specific features. This may include movements, heartbeat, change in altitude or data about the surroundings.
Depending on what is described below, third parties may be involved in the activity tracking.
Most devices allow for the User to control which Data is accessed or stored.

Activity data tracked by your device (This Application)

This Application uses some activity data tracked by your device to operate or to provide specific features.

Personal Data collected: Gender and General activity data.

  • Infrastructure monitoring

These services allow this Application to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved.
Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of this Application.

  • OVH

 

OVH informations

Données personnel collecté : Données personnels varié, tel que spécifié dans les politique de confidentialité du service.

Lieu du traitement : France – politique de confidentialité.

 

  • Location-based interactions

Geolocation (This Application)

This Application may collect, use, and share User location Data in order to provide location-based services.
Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User’s location data may be tracked by this Application.

Personal Data collected: Geographic position.

  • Social features

Inviting and suggesting friends (This Application)

This Application may use the Personal Data provided to allow Users to invite their friends - for example through the address book, if access has been provided - and to suggest friends or connections inside it.

Personal Data collected: Various types of Data.

Further information about Personal Data

  • Access the Address Book

This Application may request access to your Address Book.

  • Push notifications

This Application may send push notifications to the User.

  • Unique device identification

This Application may track Users by storing a unique identifier of their device, for analytics purposes or for storing Users' preferences.

Additional information about Data collection and processing

Legal action

The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

System Logs and Maintenance

For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.

The rights of Users

Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.

This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Data Controller reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Data Controller removes the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Data Controller has about Users.

Information about this privacy policy

The Data Controller is responsible for this privacy policy, prepared starting from the modules provided by CNIL.

 

Definitions and legal references

Personal Data (or Data)

Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

Usage Data

Information collected automatically from this Application (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User

The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.

Data Subject

The legal or natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural person, legal person, public administration or any other body, association or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy.

Data Controller (or Owner)

The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

This Application

The hardware or software tool by which the Personal Data of the User is collected.

Cookie

Small piece of data stored in the User's device.

Legal information

Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.

This privacy policy relates solely to this Application.

The Terms are subject to French law.