General Terms and Conditions of Use of the MINUTESIGHT mobile application
The purpose of these general terms and conditions of use (hereinafter referred to as « T&C") is to determine the rules for using the "Minutesight" mobile application (hereinafter referred to as "Application") published by Far&Easy (hereinafter referred to as "Far&Easy").
By installing the Application on your device and/or accessing the Application, as a visitor and/or user, you accept without condition or reservation all of the T&Cs defined below. If you do not wish to accept these T&Cs, we ask you not to access the Application.
Any visit and/or use of the Application must be made in compliance with these T&Cs.
Article 1. DEFINITIONS
Terms beginning with a capital letter within these T&Cs, whether used in the singular or plural, shall have the following meanings:
"Application" means the "Minutesight" software application published and provided by Far&Easy, providing access to the Services, which is available free of charge in Apple's Apple Store for download by the User on his Apple iOS device. The Application also includes content, software, programs, tools (programming, navigation,...), databases, operating systems, documentation and all other elements and services that compose it, updates and new versions that can be made to the Application by Far&Easy.
"Content" means, without limitation, the structure of the Application, the editorial content, drawings, illustrations, images, photographs, graphic charters, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or any other element of the Application.
"Services" refers to the various features and services offered by the Application.
"Site" refers to the official Far&Easy website at the following address: www.farandeasy.com
"User" or "You" refers to an adult or minor natural person who has previously obtained the authorization of his or her parents or the person vested with parental authority, and who has downloaded the Application for his or her own needs, for strictly personal and non-commercial use, without direct or indirect profit.
"Caller" refers to any person who sends a notification to another person through the use of the Application.
"Filmer" refers to any person who shoots and sends live images to another person through the use of the Application.
Article 2. PURPOSE OF THE APPLICATION
The purpose of the Application is:
- to give You access to geographical position information of other Application carriers.
- to allow You to ask other users of the Application to film and send You their live images.
- to direct the framing of the Filmmaker by displaying direction arrows on his screen.
- to exchange points with other application carriers, Appellants giving points and Filmmakers earning points. A sum of points is provided free of charge on the first download of the application, points that can be earned later through participation in games, contests or content sharing activities organized by Far&Easy.
This list is not exhaustive and may be modified at any time by Far&Easy without any liability on its part.
Article 3. ACCESS TO THE APPLICATION
To access and use the Application, You must have a compatible phone or mobile device and Internet access.
The Application can be downloaded free of charge from the Apple Store platform on the following mobile devices:
Apple® iPhone® mobile phone with iOS operating system running on iOS 11 or later operating system.
The software version of the Application may be updated without notice to add new features and services.
Article 4. GEOLOCATION
The use of the Application's geolocation functionality requires the user's express prior consent to be geolocated. To do this, the User must activate, if he/she so wishes, the geolocation function directly in the settings of his/her mobile device and accept that the Application may use it. This feature can be disabled or activated at any time, at no charge.
By accepting the GPS geolocation function of the mobile phone and the Application, the user can:
- be positioned anonymously on the map as a point, visible by itself and all other Users.
- receive notifications inviting him to film around him in the place where he is.
- receive informative or commercial messages during the session of use of the Application.
- the User may, if he/she wishes, no longer appear on the map in places of his/her choice.
The Settings menu and the "Privacy Areas" tab of the Application allow You to create geographical areas called "Privacy Areas" in which You do not appear on the Minutesight map.
Far&Easy draws the attention of Minutesight Users to the fact that the presence of a User in a private place can help to remove the anonymity of this User.
Far&Easy declines any responsibility if a User does not create Privacy Zones in a private place where the visualization of his presence on the Minutesight map could harm him.
Article 5. MOTION DETECTION
The use of the Application's motion detection functionality requires the express prior consent of the user. To do so, the User must accept that the Application may use it.
By accepting the motion detection function of the mobile phone and the Application, the User minimizes battery consumption, as the Application no longer sends new geolocation information if the phone and the Application are stationary.
Article 6. USE OF THE CAMERA
The use of the smartphone camera by the Application requires the express prior consent of the User. To do this, the User must activate, if he/she so wishes, the function of authorizing the use of the camera directly in the settings of his/her mobile device and accept that the Application may use it. This feature can be disabled or activated at any time, at no charge.
By accepting the use of the mobile phone camera and the Application, the User can film and send the images live to the Caller.
Article 7. NOTIFICATIONS
The principle of operation of the Application requires the express prior consent of the user to receive notifications. To do this, the User must activate, if he/she so wishes, the function of accepting receipt of notifications directly in the settings of his/her mobile device and accept that the Application may use it. This feature can be disabled or activated at any time, at no charge. Notifications allow Users to contact each other to request minutes of video. In the geographical areas in which You do not wish to receive notifications, the Application, in its Settings menu and in the "Privacy Areas" tab, allows You to create geographical areas in which You will not receive notifications.
Article 8. FINANCIAL CONDITIONS
The Application is offered free of charge to Users, excluding subscription costs with the mobile telephone operator, connection and Internet network access costs and any additional costs invoiced for loading and transmitting data.
Article 9. APPLICATION OF T&Cs
The T&Cs are applicable to any User of the Application and Services.
The User is invited to read carefully and at each visit the T&Cs which are accessible by hyperlink on the home page of the Application and which may be modified at any time and without notice by Far&Easy.
The Application may be updated on a regular basis. In this respect, any Application downloaded by a User has a limited validity in time, taking into account these updates to be downloaded imperatively and any technical, legislative or regulatory changes, of which Far&Easy does not have control.
Article 10. INTELLECTUAL PROPERTY OF THE APPLICATION
Far&Easy is the exclusive owner of all intellectual property rights relating to the Application and its Content, subject to the rights of the companies whose license Far&Easy operates and whose list is available on this page.
Without prejudice to the provisions of Article 9, none of the provisions of the T&Cs may be interpreted as an assignment, transfer, sale, concession, licence, loan, lease, operating authorization granted directly or indirectly by Far&Easy to the User for the benefit of the Application, its Content and/or the Services.
Article 11. USER LICENSE
Far&Easy grants the User a personal right to use the Application, Content and Services, which is non-exclusive, revocable, non-transferable, non-transferable, worldwide and free of charge solely for his own use in connection with the use of the Application and Services, to the exclusion of any other purpose.
The User is strictly prohibited from accessing and/or using the source codes of the Application and/or the software components of the Application.
The User does not acquire any intellectual property rights in the Application, Content and/or Services or any rights other than those granted herein.
This license does not grant the User any right to use the Content. The User therefore refrains from reproducing, representing, adapting and/or exploiting the Content.
The User expressly undertakes that the use of the Application shall in no way infringe Far&Easy's rights, and in particular that such use shall not constitute an act of counterfeiting, unfair or parasitic competition of the Content.
Article 12. USER OBLIGATIONS/APPLICATION
The User expressly undertakes:
- to download the Application on its equipment exclusively for personal and non-commercial use;
- not to reproduce permanently or provisionally the Application, in whole or in part, by any means and in any form;
- not to use any software or processes designed to copy the Content without the prior written permission of Far&Easy;
- not to adapt, modify, translate, transcribe, arrange, compile, decompilate, assemble, disassemble, transcode or reverse engineer all or part of the Application, Services and/or Content;
- not to export the Application, to merge all or part of the Application with other computer programs;
- to make short quotations, analyses and reproductions for press reviews and other uses expressly authorised by law within the limits and conditions set by the law and subject in particular to mentioning the names of the authors and the editorial source;
- to expressly renounce the use of software or devices likely to disrupt the proper functioning of the Application, nor to take any action likely to impose a disproportionate burden on Far&Easy's infrastructures;
- not to extract or reuse, including for private purposes, without prior written authorization from Far&Easy, a substantial part or not of the content of the databases and archives constituted by the Application;
- not to set up systems likely to hack into the Application and/or the Content in whole or in part, or likely to violate these T&Cs;
- to inform Far&Easy as soon as they become aware of an act of piracy and in particular of any illegal or non-contractual use of the Application and/or the Content, regardless of the method of distribution;
- not to sell, rent, sub-license or distribute in any way the Application and/or Content to third parties.
- to report them without delay by the means of application
Article 13. USER OBLIGATIONS/CONTENTS PASSING THROUGH THE APPLICATION
1-Offensive or illegal content:
The user expressly refrains from transmitting through the Application any content that is inappropriate, pornographic, incites racism or discrimination, invites attacks against persons and property, encourages violence and in general any illegal content.
All users undertake to report to Far&Easy any inappropriate and/or illegal content that may be sent to them through the application.
In this case, a screenshot and/or video recording is desirable as evidence.
The User must immediately use the "last visit report" tab, available in the parameters, specifying the nature of the content concerned. A file number is sent to the user who made the report for file tracking.
The User who has transmitted the abusive images will have his application automatically blocked, Far&Easy reserves the right to transmit the report file to the competent authorities.
2-Rights of the persons filmed:
It is prohibited to film people without their consent, and it is prohibited to publish videos of recognizable people without their permission.
Minutesight Users undertake not to film people without their consent and undertake to obtain the authorisation of the people appearing in a video in the event of publication of this video.
Minutesight Users release Far&Easy from any liability in the event of a dispute over the content of the videos transmitted or published.
Article 14. OPERATION OF THE APPLICATION - EXCHANGES BETWEEN USERS
The purpose of the application is to exchange minutes of live video between Users.
The application works by exchanging points for minutes of live video, each point being worth one minute of live video.
A User who requests and receives one minute of live video from another User gives him a point in exchange.
A User who agrees to film and sends one minute of live video to another User receives a point in exchange.
A point capital is allocated to each User when the Application is first loaded on his smartphone.
Far&Easy reserves the right to change the number of points awarded on the first load of the Application.
Far&Easy may award additional points to Users for games, contests, videos and any other reason it deems relevant.
Article 15. SHOOTING IMAGES
The User who films and transmits images by means of the Application at the request of another User undertakes to frame the images according to the direction arrows he receives. In this he acknowledges that he is filming under the direction of the video requester.
Article 16. IMAGE RECORDING
The User who films and transmits images by means of the Application acknowledges and accepts that the images he sends may be recorded by the User who receives them, by means of the recording functions of the smartphone screen or by any other means.
Article 17. COPYRIGHT OF FILMED IMAGES
The User who films by means of the Application expressly acknowledges that he/she does not choose the location, time or framing of the images. He acknowledges that he is acting as a cameraman for the director who sends him framing instructions in the form of direction arrows. He acknowledges and accepts that the author of the images is the one who decides the parameters and framing of the shooting, i.e. the requester of the video.
He acknowledges and accepts that he has been compensated for his technical performance by the point he received in exchange for his intervention, which will allow him in turn to request one minute of live video from another User.
The personal data collected on the Far&Easy Site with your consent are processed for the following purposes:
- the organization of games and contests
this processing is based on your consent and/or by the execution of the rules of the games and contests.
- requests for points allocation
The processing is carried out under the responsibility of Far&Easy, represented by Mr François Marquet, acting in his capacity as Chairman of SAS Far&Easy and as Data Protection Officer, whose contact details are as follows:
- Address: 61 rue des Tilleuls 30900 Nîmes FRANCE
- Mail: email@example.com
The recipients of the collected data are SAS Far&Easy, for the data necessary to manage your customer account, send electronic messages and participate in the games.
The data collected are kept for the following periods of time:
- to manage your points account: for five years from the time they are collected.
- relating to your participation in the games: for three years from the date of collection.
- for commercial prospecting purposes: for three years from the date of collection.
At the end of the above periods, the data is deleted. However, if data are processed for commercial prospecting purposes, at the end of the three-year period, they may be kept for a second three-year period if you agree to continue to receive commercial offers from Far&Easy. If no or no answer is received from you, we will delete your data from our databases.
In order to preserve the confidentiality and security of your personal data and in particular to protect them against unlawful or accidental destruction, accidental loss or alteration, or unauthorised disclosure or access, we take appropriate technical and organisational measures, in accordance with applicable legal provisions. To this end, we have put in place technical measures (such as firewalls) and organisational measures (such as a login/password system, physical protection measures, etc.).
You have the right to access, rectify or delete your personal data, transfer or transfer them to a third party, obtain a restriction on processing or oppose such processing. We will comply with your request subject to compliance with our legal obligations.
You have the right to withdraw your consent to the processing of your personal data at any time. The withdrawal of your consent does not affect the lawfulness of the processing carried out before it was withdrawn.
You can implement these rights:
- By post to the following address:
François Marquet - Personal data protection
Far&Easy 61 rue des Tilleuls 30900 Nîmes FRANCE ;
- By e-mail to the following address: firstname.lastname@example.org
In order to ensure the confidentiality and protection of your personal data, we must be able to verify your identity in order to respond to your request. To do so, you must attach, in support of any request to exercise the rights mentioned above, a photocopy of an identity document mentioning your date and place of birth and bearing your signature, in accordance with the provisions of Law No. 78-17 of 6 January 1978 known as the "Loi Informatique et Libertés", Article 92 of the Decree of 20 October 2005 implementing this law for French nationals, and European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
Finally, you have the right to file a complaint with the CNIL if you consider that your rights have not been respected. The CNIL's contact details are as follows:
Commission Nationale de l'Informatique et des Libertés
3 Place de Fontenoy
75334 Paris Cedex 07
Phone: +33 1 53 73 73 22 22 22
Article 19. APPLICATION AVAILABILITY
Far&Easy undertakes to do its best to secure access, consultation and use of the Application Services. The Application is accessible 24 hours a day, 7 days a week except in the event of force majeure or an event beyond the control of Far&Easy and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Application. Maintenance interventions may be carried out without prior notification to Users.
Article 20. WARRANTY LIMITATION
Access to and use of the Application is at the User's own risk.
The Application and software are provided "as is" and "as available" without warranty of any kind.
It is the responsibility of all Users to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any breach.
The User declares that he/she knows and accepts the characteristics and limits of the Internet network and, in particular, the functional and technical performance characteristics of the Internet network; problems related to connection and/or access to the Internet network and/or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to information posted online, response times to display, consult, query or otherwise transfer data; risks of interruption; lack of protection of certain data against possible hijacking or hacking; risks of contamination by possible viruses circulating on said networks, etc. for which Far&Easy cannot be held responsible.
Far&Easy cannot be held responsible:
- in the event of a defect, loss, delay or error in the transmission of data that is beyond its control;
- sending messages and/or data to a false, erroneous or incomplete address;
- if data were not received, for any reason whatsoever, or if the data it receives were illegible or impossible to process;
- in the event that the User is unable to access or use the Site, Application and/or Services for any reason whatsoever;
- if, for any reason whatsoever, the connection should be interrupted.
In addition, Far&Easy declines any responsibility in the event of misuse of the terminal and/or any incident related to the use of the terminal while using the Application. Far&Easy shall under no circumstances be held liable for any damage of any kind caused to Users, their terminals, computer and telephone equipment and data stored therein, nor for any consequences that may result from this on their personal, professional or commercial activity.
Article 21. EVOLUTION OF THE TERMS AND CONDITIONS
The applicable T&Cs are those in effect at the date of connection and use of the Application by the User.
Far&Easy reserves the right to modify, at any time, all or part of the provisions of the T&Cs without prior notice or information to Users in order to adapt them to changes in the Services, technical, legal or jurisprudential developments or when setting up new services.
Any modifications made by Far&Easy to the T&Cs will be brought to the attention of Users by simply posting them online. They are deemed to have been accepted without reservation by any User who accesses the Application after the said posting. Far&Easy therefore invites all Users to consult the T&Cs regularly.
Any new Service incorporating new techniques or features that improve the quality of the existing Services will also be subject to these T&Cs, unless otherwise expressly provided.
Article 22. TERMINATION
Far&Easy may terminate the use of the Application at any time by giving You notice of termination.
Upon any termination, the rights and licenses granted to You will be terminated and You must cease all use of the Application.
Article 23. CONTACT
Any questions regarding the Application and/or Services should be addressed to: Far&Easy 61 rue des Tilleuls 30900 Nîmes -FRANCE or via email@example.com
ARTICLE 24. APPLICABLE LAW
These T&Cs are subject to French law.
Any dispute or controversy relating to the execution or interpretation of these rules which cannot be settled amicably between the parties shall be submitted to the competent courts within the jurisdiction of the Court of Appeal of Nîmes.
Done at Nîmes, 10 June 2019.