Legal Notices / Privacy Policy / Terms & Conditions – Cruise Friendly Mobile Application
Version française en bas de page
In force on 09/29/2021
The present Legal Notices and Terms & Conditions of Use (hereinafter, referred to as « T&Cs ») are intended to provide a legal framework for the terms of provision of the mobile application by the Var Provence Cruise Club, a Chamber of Commerce and Industry of Var (hereinafter CCI of Var) service, and to define the conditions of access and use by the « User » (hereinafter referred to as « the User » or « the Users » of the mobile application). These T&Cs are accessible on the mobile application under the « T&Cs » section.
ARTICLE 1: Legal Notices
The Cruise Friendly mobile application is edited by the Var Provence Cruise Club, a Chamber of Commerce and Industry of Var service, under SIRET number 18830001600014.
Head Office
Chamber of Commerce and Industry of Var
236 Boulevard Maréchal Leclerc
83000 Toulon
Administrative building :
Var Provence Cruise Club
Chamber of Commerce and Industry of Var
Campus Grande Tourrache
450 avenue François Arago
83130 La Garde – France
Phone number: +33 (0) 4 94 22 80 60
Email address: contact@varprovence-cruise.com
The Director of the publication is:
Jacques BIANCHI, President of the Chamber of Commerce and Industry of Var
Chamber of Commerce and Industry of Var
236 Boulevard Maréchal Leclerc
83000 Toulon
Design and production of the Cruise Friendly mobile application:
9B +
Head Office: 5 rue Ambroise Thomas, 75009 Paris
Secondary office: 39 rue Victor Clappier – 83000 Toulon
Phone number: +33 (0) 4 94 62 95 76
Email address: contact@archistoire.com
Website: www.9bplus.fr
Hosting of the Cruise Friendly mobile application:
Ecritel Group
Site de Clichy : 1 rue Mozart
92110 Clichy – France
Phone number: +33 1 40 61 20 00
Email address: contact@ecritel.net
ARTICLE 2: GDPR compliance – Data processing purposes and User’s rights
Purposes of data collection
The mobile application processes User data in whole or in part for the purposes of:
– Prepare and publish content;
– Upload contact forms and respond to contact requests;
– Geolocate users to offer them pleasant and personalized navigation;
– Allow technical administration in conjunction with service providers (third-party application maintenance, hosting, domain name registrar, certification authority);
– Allow the User to navigate on the Cruise Friendly mobile application and to adapt the content to the terminal to improve navigation (interactive and personalized use of the mobile application);
– Extend and update the Var Provence Cruise Club databases.
Data collected
User identification data
Personal Data includes the following:
Civility; Name ; First name ; Address ; Postal code ; City ; Country ; Email ; Phone number;
Service usage data in local storage
The mobile application hosts in the local storage:
– Some User preferences regarding the display of the Service,
– The IP address and geolocation of the User;
This information is only useful for Service operations and the optimization of its ergonomics. It does not identify the User in any way and under any circumstances.
Data source
Contact
The User wishing to contact the Var Provence Cruise Club must click on the « Contact us » tab. The User will then leave the Cruise Friendly mobile application and will be directed directly to the contact form page of the Cruise Friendly website. In accordance with these T&Cs, the site’s privacy policy that applies to the collection of personal data is as follows:
For the User who is redirected to the contact form displayed on the Cruise Friendly Site, the personal data whose communication is required for the consideration of the request are identified by an asterisk “* Mandatory fields”. Failure to communicate personal data identified as mandatory will result in non-validation of the form. The Var Provence Cruise Club will therefore not be able to comply with the request.
The data is transmitted by the User who wishes to send a request, a remark or a report. The information collected on this form is recorded in a computerized file by the Var Provence Cruise Club for the management of contact requests. They are kept for a maximum of three years and are intended for their management teams or technical department to respond to Users’ requests. The period begins from the sending of the contact form.
For more information, the User can also consult the complete Privacy Policy of the Cruise Friendly Website
Geolocation
The User is informed that the use of the Cruise Friendly mobile application may require acceptance of geolocation when using the mobile application to access the functionalities mentioned below. The use of the geolocation of the mobile application requires the consent of the User to be geolocated. For this, the User will be notified by a window when downloading and at each update of the mobile application to activate, if desired, the geolocation function (once, always or only when the application is activated). At any time, this functionality can and without charge, be deactivated, modified or reactivated directly in the settings of the User’s mobile terminal. By accepting the GPS geolocation function of the mobile phone and the mobile application, the User can:
– be informed of its position;
– be guided during a circuit / route;
– be informed of nearby Cruise Friendly members (shops, restaurants, museums, leisure providers …) and monuments, discoveries with the circuits closest to him
– select a discovery trail corresponding to a specific theme using filters;
In case of refusal of geolocation, navigation on the mobile application will not be able to function in the same way as other services requiring this functionality (proposal of the nearest merchant routes, etc.)
Data transmission to third parties
In order to simplify and optimize the use of the mobile application, Cruise Friendly uses the services of the external providers mentioned below. The User has the option of obtaining information on the data protection provisions for the establishment and use of the services and functions, to possibly exercise their rights with these providers. Here is the list, which may be amended according to the needs of the mobile application, while remaining compliant with these T&Cs.
Mapbox:
The mobile application uses Mapbox, an OpenStreetMap focused map hosting and service provider. The mobile application uses these maps to illustrate city maps and map views. Mapbox is used on the User’s consent in accordance with art. 6 para. 1 let. a of the GDPR. The operating company of Mapbox is Mapbox, Inc., 1714 14th Street NW, Washington, DC 20009-4309, USA.
The integration of Mapbox components is intended to allow Users to display geographic data using maps integrated into the Cruise Friendly mobile application. No terminal or User identification data is transmitted.
To consult all Mapbox’s data protection provisions: https://www.mapbox.com/privacy/#star
Mandatory nature of data collection
Use of the application is conditional on acceptance and provision of mandatory information.
Persons involved
Data processing concerns:
– Staff from the CCI of Var responsible for publishing content and technical administration of the application;
– Members and staff of the CCI of Var, as well as third parties, identified in the publications;
– Users of the application;
– The staff of the service providers concerned.
Data recipients
Categories of recipients
Depending on their respective needs, the recipients of all or part of the data are the staff of the VPCC from the CCI of Var and the staff of the service providers concerned.
Data transfers outside the EU
No data transfer outside the European Union is made.
Data retention
The Var Provence Cruise Club only keeps the User’s Personal Data for a period of time necessary and proportionate to the purpose for which they were collected, namely for a maximum period of 3 years from the last exchange that the User had with the Var Provence Cruise Club and carried out on its initiative.
Beyond the said time periods, your data will be anonymized for statistical purposes or purely deleted.
Security
Security measures are implemented in accordance with the CNIL’s information systems security policy (PSSI), which emanates from the State’s PSSI. These are: Traceability measures; Software Protection Measures; Saving data; User access control
Personal data rights
In accordance with the applicable laws in terms of protection of Personal Data, in particularly, the User has the right to access, rectify or remove data concerning him and the right to obtain a copy of the Personal Data held by the Var Provence Cruise Club in a structured electronic format (portability).
The User also has a right of opposition for legitimate purposes regarding the processing of his personal data and the right of opposition to the data being used for prospecting, mainly for commercial purposes.
The User can exercise his rights by addressing their request by mail to the following address: DPO (Data Protection Officer) for the CCI of Var, 236 boulevard Général Leclerc – CS90008 – 83097 Toulon Cedex or directly by email at : dpo@var.cci.fr
A response, or at least an acknowledgment of receipt will be provided within a maximum of 72 hours from receipt of the request. A final answer must be given within a maximum of one month (article 12.3 / GDPR). This period may be extended by two months depending on the complexity and the number of requests received, provided that the person concerned is informed thereof within one month of receipt of the request (article 12.3 / RGPD).
Complaint with the CNIL
In case of dispute regarding the exercise of his rights, the User has the option to complain to the National Commission for Computerisation and Freedom (CNIL): https://www.cnil.fr/en/plaintes
ARTICLE 3: Purpose and scope – T&Cs
These Terms and Conditions of Use described below regulate the relationship between the Cruise Friendly mobile application and the Users, and apply without restriction or reservation for any use or download of the mobile application.
The User is required to accept these T&Cs for any download and for any use of the mobile application by checking the box « By using our application, you acknowledge having read and accepted our Legal Notice and our Terms and Conditions of Use of the Service. « .
These T&Cs are accessible at any time in the mobile application in the « T&Cs » section in the main menu and will prevail, where applicable, over any other version or any other contradictory document.
The publisher of the Cruise Friendly mobile application may modify these T&Cs at any time, without notice. Users will be informed of the modification hereof through the publication of the updated T&Cs on the application and by a notification signaling this change within the application and must again be accepted in their updated version via an active window with checkbox « By using our application, you acknowledge having read and accepted our Legal Notice and our Terms and Conditions of Use of the Service. » to constitute acceptance of the new version. Users are advised to read these T&Cs carefully and to regularly consult the updated T&Cs, in the « T&Cs » section of the mobile application. If an User rejects these T&Cs or refuses to comply with them, he will not be able to use the mobile application. In this case, it is recommended to uninstall the mobile application of the phone.
The Cruise Friendly mobile application allows the User free access to the following:
– Discovery of Cruise Friendly destinations;
– List of tourist points of interest for Cruise Friendly destinations
– Exploration of some remarkable points of interest at 360 ° degrees in order to discover heritage and history in an immersive and intuitive way (Archistoire);
– Visit circuits;
– Events;
– Geolocation;
– List of Cruise Friendly members by destination with a geolocation system allowing the User to identify them near their location;
– Description, practical information and tips from Cruise Friendly members;
– Proposal of merchant routes (with the closest Cruise Friendly members);
– Download destination files for offline consultation;
– An interactive map of Cruise Friendly members by destination;
– Consultation possible in English or in French;
– Advertising from certain Cruise Friendly partners or the destination;
This list is not exhaustive and can be modified at any time by Cruise Friendly and its partners without their responsibilities being incurred by anyone.
The mobile application is freely accessible anywhere and to any User with Internet access. The Cruise Friendly mobile application can be downloaded via application stores (such as Google Play or the App Store) using available technologies, and in particular a smartphone-type mobile terminal. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at their expense.
ARTICLE 4: Intellectual Property
The brands, logos, signs as well as all the contents of the Cruise Friendly mobile application (texts, images, sound, video, graphics or illustrations, structure, databases, software, codes as well as any other material and visual components of the mobile application…) are protected by the Intellectual Property Code and more particularly by copyright.
The Cruise Friendly brand is a trademark registered by the Var Provence Cruise Club (Chamber of Commerce and Industry of Var). Any representation and/or reproduction and/or partial or total exploitation of this mark, of any nature whatsoever, is prohibited. It is recalled in accordance with Article L122-5 of the Intellectual Property Code, that the User who reproduces, copies or publishes the protected content must quote the author and its source.
Except for the iconography, the pages of the mobile application may be reproduced on paper or digitally under the following conditions: respect for the integrity of the reproduced documents (modifications or alterations of any kind), clear, legible and explicit quote of the Cruise Friendly mobile application as the source and mention that reproduction rights are reserved and strictly limited. The use of this information should be limited to personal, associative or professional purposes. Use for commercial or advertising purposes is strictly prohibited.
The User must request the prior authorization of the Var Provence Cruise Club for any reproduction, publication, copy of any iconography. He undertakes to use the content of the mobile application in a private, associative or professional context; any use for commercial and advertising purposes is strictly prohibited.
Regarding the databases used as a source of information for the Cruise Friendly application, these are protected by the law of July 1, 1998 and the French and Community copyright regime. Any substantial extraction from the databases of the mobile application (collected information, capture, modification or use) is strictly prohibited. Only a private copy of the content of the database reserved for the exclusive use of the User and on paper is authorized.
Any total or partial representation of the mobile application by any means whatsoever without the express authorization of the operator would constitute a punishable violation by Article L 335-2 and following of the Intellectual Property Code.
ARTICLE 5: Liability
The sources of the information disseminated on the Cruise Friendly mobile application are deemed reliable, but the application does not guarantee the absence of defects, errors or omissions. The information communicated is presented for information purposes and is general without contractual value. The Var Provence Cruise Club implements all its technical means to ensure the regular updating of the information contained on the mobile application. The Var Provence Cruise Club cannot be held responsible for any incorrect information.
The data source for Cruise Friendly partners comes from the protected departmental data network, Apidae. For any questions, changes or to report an error, please write your request directly to the following address: hotline@apidae-tourisme.com
The Var Provence Cruise Club cannot be held responsible for the modification of the administrative and legal provisions occurring after a publication. The Var Provence Cruise Club cannot be held responsible for the use and interpretation of the information contained in this mobile application. The Var Provence Cruise Club cannot be held responsible for any viruses that could infect the mobile phone or any equipment of the Internet user, following use, access, or download from the mobile application. The responsibility of the Var Provence Cruise Club cannot be engaged in force majeure events, unpredictable and insurmountable facts of a third party.
The Var Provence Cruise Club undertakes to provide a Service in accordance with these T&Cs and reserves the right to modify any information or content appearing in the mobile application, at any time and without notice, as part of its update or the correction of errors or inaccuracies or if it deems appropriate without this opening the right to any compensation for Users. The Var Provence Cruise Club makes no commitment to maintain permanent and uninterrupted access to the mobile application. In the event of violation of these T&Cs or of the laws and regulations, the Var Provence Cruise Club also reserves the right to suspend access to all or part of the Service without this giving rise to any right to any compensation.
The Var Provence Cruise Club will not be responsible for the inadequate functioning of the mobile application if it results from maintenance operations, incidents, or problems related to its ability to support the systems essential to the use of the service, even if the Var Provence Cruise Club makes its best efforts to ensure a rapid response, without being responsible for delays related to telecommunications services. The Var Provence Cruise Club will in no way be responsible for the telephone operators and Internet access providers malfunctions which the User resorted. The Var Provence Cruise Club is also not responsible for the incorrect configuration of the User’s mobile terminal. It is up to each User to ensure the proper functioning and configuration of his equipment.
Hypertext links may be present on the Cruise Friendly mobile application. The User is informed that by clicking on these links, he will exit the Cruise Friendly mobile application which has no control over the web pages of these links and can be responsible for their content.
ARTICLE 6: User’s Obligations
The User agrees to make a lawful use of the Service and its contents, in accordance with the legislation, these T&Cs, morality, good morals and public order. Users who use the mobile application for purposes prohibited by law and/or contrary to these terms will be exposed to legal proceedings. The data allowing their identification may be provided to the competent authorities in the event of legal proceedings instituted against them.
Without this list being exhaustive, the User is informed that he is expressly prohibited from:
– Undertaking unauthorized or fraudulent use of the mobile application and/or its content for illicit purposes or effects;
– Access or attempt to access restricted resources or areas of the mobile application, without complying with the conditions required for such access;
– To introduce or distribute on the network, viruses or any other physical or logical system that may cause damage to the physical or logical systems of the owner of the mobile application, its suppliers, other Users or any third party;
– Submit content that may constitute a press offence, under the law of 29 July 1881 on the press freedom.
ARTICLE 7: Applicable Law and Competent Authority
French law applies to this contract, regardless of the place of use of this application. If no amicable resolution of a disagreement between the parties is possible, the French courts will have exclusive jurisdiction. For any question relating to the application of these T&Cs, you can contact the publisher at the contact details listed in ARTICLE 1.
Translation
The original version of these Terms and Conditions of Use was written in French. In the event of a conflict between a translated version of these T&Cs and their original version in French, the French version will prevail.
