« The Company » : refers to ECHOES. ECHOES is a company with a capital of 1 000,00 €, having its registered office located at 155 impasse du Cade - 83260 LA CRAU - France and registered with the Toulon Trade and Companies Register under number 840 597 819 00019.
« Application » : is the Smartphone application that can be downloaded from Apple Store and Google Play and provides all the features offered by The Company. The ECHOES application is free.
« telematic device » : refers to the telematics device included in the vehicle by the car manufacturer or refers to a hardware device integrating a SIM card "Machine To Machine" or M2M installed vehicle.
« Customer/Customers » : refers to all customers who use one or more products or services under The Company.
« User/Users » : refers to any natural or legal person accessing the Application and related services.
« User account» : refers to the User account opened via the Application.
« Content » : refers to all textual and iconographic elements published on the Application.
ITEM 1. CONTEXTE
Access, consultation and use of the Application will be governed by these general conditions of use.
The User accepts these general terms and conditions of use without reservation or restriction.
The applicable general conditions of use are those in force on the day of use when activating ECHOES products, services or software solutions.
The Company reserves the right to modify them at any time.
ITEM 2. USERS
The ECHOES Application and its services are intended for persons with legal capacity.
By accessing and using the Application, the User states that he/she is of legal age and capable or is a legally constituted entity.
The user will receive an e-mail with these login information when the services are activated.
To log in, registered users have a username and password to enter.
It is the responsibility of each User of the ECHOES Application to ensure that the confidentiality of their username and password is preserved. The User shall be solely responsible for the use of his username and password and the consequences that may result from it for him or a third party.
2.2.2 The users' guarantee
By using the ECHOES Application, the user declares, warrants and undertakes to:
- not to damage the Application with any software
- not to modify the mentions, content or elements of the Application's services
- not to contravene the provisions of articles 323-1 to 323-7 of the Criminal Code punishing hacking practices
- not to use or exploit the electronic or postal contact details of other Users of the Application for sending electronic mail and to engage in "spamming".
In the event of failure to comply with any of these obligations and, without this list being exhaustive, the User acknowledges and accepts that The Company will have the right to refuse access to all or part of its Application and related services without prior notice.
ITEM 3. ECHOES APPLICATION
Users are informed that The Company collects and processes geolocation data using Google APIs in particular.
The Company reserves the right to use APIs from other partners if necessary, without expressly informing users.
ITEM 4. THE OPERATION OF THE INTERFACES
The Company strives to make the Application and its services available 24/7. In the event of maintenance operations or in the event of force majeure, The Company is obliged to temporarily suspend the Application.
The User also declares and guarantees that he has all the skills and equipment necessary for the use of the Application and the services provided by The Company.
ITEM 5. LAW AND JURISDICTION
The law applicable to these general terms and conditions is French law.
The language of interpretation is French.
Any use of the Application must comply with the rules of French law and shall be deemed to have occurred on French territory.
Any disputes arising from these general conditions, in particular their validity, interpretation, execution, resolution or disputes, shall be submitted to the competent courts of the Commercial Court of Toulon.
ITEM 6. PERSONAL DATA PROTECTION
6.1 THE COLLECTED DATA
The Company collects your personal data in the following cases:
- Operation of the Application: on this occasion, vehicle geographical coordinates are recorded
The Company ensures that it takes all necessary measures, in accordance with applicable legal provisions, to ensure the protection, confidentiality and security of your personal data.
In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose the processing of data concerning you. You can exercise your rights by contacting us through our contact form.
The Company is concerned about the protection of personal data and is committed to ensuring the highest level of protection for the User's personal data in accordance with the Data Protection Act.
6.2 purpose of your personal data
The main uses of your personal data are as follows:
- Access and use of the Application
- Verification and authentication of your data
- Fight against fraud, misuse, viruses and other malicious software
- Managing the relationship with user
On the other hand, this data may be necessary to address: advice, news of products, offers or advertisements, only in the event of their acceptance.
If the User does not wish to receive any letters or telephone messages, he may make a request by e-mail indicating his surname, first name, address and customer number on the contact form on the website .
ITEM 7. responsibility
The Company makes the Application and Products available to Users to enable them to geolocate their vehicles.
The Company declines all responsibility related to any technical consequences that may be due to the connection.
The User acknowledges that: The Company cannot assume all the connection costs incurred by the Application and its use by the User.
The Company cannot be held responsible for any loss of data that may occur during the use of the Application or the inability to access or use it.
The User is solely responsible for: any use that does not comply with these general conditions of use of his Application; any claim or procedure brought against The Company for its non-conforming use of the Application.
If a User witnesses an abuse or wants to report a complaint, he can contact the company via the Site www.echoes.solutions.
ITEM 8. INTELLECTUAL PROPERTY
The User may not copy, reproduce, distribute, publish, modify, adapt, transfer or transfer the contents in any form whatsoever without the express written permission of the rights holder. Failing this, civil, administrative or criminal sanctions are incurred.
The Company reminds that the rights granted to ECHOES prohibit reuse and extraction, by making all or part of the content, in any form, available to the public.
All Users therefore undertake not to explore data to extract data from it, which are the exclusive properties of The Company.
ITEM 9. VALIDITY AND UPDATE
The update and validity date of this document is 17th November 2020.
This document cancels and replaces all previous versions.