These General Terms of Use ('GTU'), governed by French law, are intended to govern the use of any of the websites, widgets, applications, APIs, or modules ('the Service') published by the company CIRCUITS SAS ('the Company'), registered with the Nancy Trade and Companies Register under number B 529 618 241, with its registered office at 8 Rue de la Monnaie, 54000 Nancy, and whose publishing director is Mr. Sylvain Caucheteux, acting as President. Any access or use of the Service implies the User's express and unreserved acceptance of these GTU. Every User guarantees the Company that they have all the rights, authorizations, and powers necessary to accept the GTU on behalf of the entity ('the Entity') on whose behalf they are accessing or using the Service. Access to or use of the Service by the User implies acceptance of the GTU by the Entity. The Company reserves the right to modify these GTU at any time. The applicable conditions are those in effect and available on the Service on the date of access by the User.
The Services offer Users access to routes or tourist points of interest in various formats such as interactive maps, supplemented with texts, photographs, comments, images, videos, sounds, animations, or any other multimedia content known or unknown to date. Users have the option to create an account on the Service ('the Account') under the conditions provided in article 2 below, and then become a member of the Service ('the Member'). The Contents are created or supplied by contributing Members ('the Contributors').
To benefit from all the functionalities of the Service, the User must become a Member by creating an Account using the online form provided for this purpose. Moreover, it is the Member's responsibility to ensure that the personal data identifying them are accurate and complete. Upon validation of the form, the User will be able to log into their account. Access to the Account can be done by entering the associated username and password, the confidentiality of which is solely the responsibility of the Member. Use of the Service following registration is valid for an indefinite period. The Company reserves the right to terminate it at any time, by email, with reasonable notice. In case of non-compliance with the obligations inherent to the Users' responsibility outlined below, access to the Member's personal space may be temporarily or permanently suspended immediately and without notice by deactivating your Account, without prejudice to the other rights of the Company. The Member themselves may request to deactivate their Account at any time by contacting the Company according to the contact methods described in the 'Company Contact Modalities' section of these GTU.
By making available the Content they have inserted on the Service, the Member becomes a 'Contributor' and agrees that Users may, free of charge and for exclusively personal purposes, view and share the Content by default, on the Service as well as on partner websites of the Company ('Partner Services') or from the Service or a Partner Service, on other electronic communication media (including smartphones, tablets, connected TVs, and game consoles), for as long as the Content is hosted on the Service. The Contributor may at any time, using the dedicated function in their personal space on the Service, prohibit the dissemination of part or all of their Content on the Service or the Partner Services. Moreover, for the duration of the hosting of the Content and strictly within the framework of the functionalities allowing access to the Service via the internet or other electronic communication media, the Contributor authorizes the Company to reproduce/represent the Content and, as necessary, adapt its format for this purpose. The Contributor is also informed that, given the intrinsic characteristics of the internet, data transmitted, including the Content, are not protected against the risks of misappropriation and/or hacking, for which the Company cannot be held responsible. It is up to the Contributor, if necessary, to take all appropriate measures to protect this data. In the event of deactivation of a Contributor's Account, whether initiated by the Contributor or the Company and regardless of the reason, the Contributor's Content will be removed from the Service.
From their personal space on the Service, the Contributor can view statistics on the dissemination of their Content.
All Content inserted by the Contributor can be retrieved by them, at any time, under the following conditions:
Other Contributors of the Service ('Other Contributors') may upload Content in accordance with the GTU. The User undertakes not to access the Content of Other Contributors for any reason other than personal, non-commercial use, as intended and authorized by the normal functionalities of the Service. Furthermore, considering the possibility of exporting Content, the User undertakes not to export the Content of Other Contributors to sites that constitute or include elements constituting (i) a violation of the intellectual property rights of third parties, nor (ii) an infringement on individuals (including defamation, insults, injuries, etc.) and privacy, nor (iii) an incitement to violence or hatred against any individual or group, nor (iv) an incitation to cruelty towards animals, nor (v) sexually explicit or strongly suggestive content, nor (vi) an incitement to drug use or any illegal activity, nor generally (vii) an infringement of public order and good morals, nor more generally any breach of applicable regulation in force.
The Service is the exclusive property of the Company. In general, the Company grants Users a free, personal, non-exclusive, and non-transferable right of access and use of the Service, subject to the acceptance and compliance with the GTU. All other rights are expressly excluded without the prior written consent of the Company. The content, other than the Content inserted by the Contributors, included or accessible on and/or through the Service, including any text, graphics, logos, names, marks, designations, tabs, features, images, sounds, data, photographs, graphics, and any other material or software ('Cirkwi Content'), is the exclusive property of the Company or its licensors, is protected by intellectual property law, and is subject to applicable laws and regulations in this field. The Cirkwi Content may in no case be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, sold, rented, conceded, or exploited (in whole or in part) in any way, without the express and written consent of the Company or its licensors. Users agree not to use or exploit the Cirkwi Content for purposes other than those specified within these GTU. Furthermore, Users are not authorized to modify, improve, edit, translate, decompile, disassemble, or create one or more derivative work(s) from the Cirkwi Content (in whole or part), unless this possibility has been expressly granted to them by the Company or by the owners of such content, under a separate agreement.
By providing Content on the Service (whether texts, photographs, Tourist Objects, comments provided, a pseudonym, or an avatar), the Contributor is bound to respect all legal and regulatory provisions in force, whether depending on their place of residence or the place concerned by the Content. It is therefore up to the Contributor to ensure that the storage and dissemination of this Content via the Service does not constitute (i) a violation of the intellectual property rights of third parties, (ii) an infringement on individuals (including defamation, insults, injuries, etc.) and privacy, (iii) an infringement of public order and good morals (including, glorification of crimes against humanity, incitement to racial hatred, child pornography, etc.). By uploading and making public a Content on and/or through the Service, the Contributor guarantees that they hold all the rights and authorizations necessary from the rights holders concerned and have paid all rights and payments due under these terms to collective management organizations. Otherwise, the Company reserves the right to remove the Content from the Service and/or deactivate the Contributor's Account without prior formality. In addition, the Contributor personally incurs specific criminal penalties related to the contentious content (imprisonment and fine), in addition to any conviction to pay damages. Given the community nature of the Service and out of respect for everyone's sensibilities, it is up to the Contributor to maintain a certain ethic regarding the Content and/or comments uploaded and, in particular, to refrain from disseminating any content of a violent or pornographic nature.
The Company considers the User to be responsible for their use and their own actions on the Service. For their own protection and that of other Users, it is therefore up to the User to exercise caution when consulting and using the Content, while being aware of the multiplicity of sources of contribution as well as the responsibilities of the Company described in the section below. Given the collaborative nature of the Content of the Service, the Company recommends that the User verify the reliability of the information relating to the Content they use, ensuring in particular that this use does not constitute (i) a violation of the intellectual property rights of third parties, (ii) an infringement on individuals (including defamation, insults, injuries, etc.) and privacy, (iii) an infringement of public order and good morals (including, glorification of crimes against humanity, incitement to racial hatred, child pornography, etc.).
The Company makes available to Users on the Service a number of Contents including Tourist Objects created by the Contributors. Contributors, as authors, are solely responsible for the Content they publish on the Service. Consequently, the responsibility of the Company cannot be engaged in the event that the Content published by the Contributors contravenes any legal and/or regulatory provisions in force or has caused any damage to a User or any person. THE CONTENTS, ESPECIALLY THE TOURIST OBJECTS, ARE PROVIDED BY THE CONTRIBUTORS AND DISSEMINATED BY THE COMPANY FOR INFORMATIONAL PURPOSES. THE COMPANY DOES NOT CERTIFY THE RELIABILITY OF THE INFORMATION PROVIDED BY THE CONTRIBUTORS, INCLUDING MAPS, TEXTS, PHOTOGRAPHS, IMAGES, VIDEOS, SOUNDS, ANIMATIONS, OR ANY OTHER CONTENT THEY INSERT ON THE SITE. THE COMPANY STRONGLY RECOMMENDS THAT USERS VERIFY THIS INFORMATION BEFORE EXPLOITING IT.
When the User operates the Service, they entrust certain personal data. This privacy policy has been designed to help the User understand what data the Company collects, why it collects it, and what it does with it.
European data protection rules grant the User the following rights, among others:
To exercise any of these rights, the User can contact the Company at any time using the contact methods described in the 'Company Contact Methods' section of these GTU.
The personal data that the Company collects from Users include, among others:
The Company may also collect and process data on how the User uses the Services, views the Contents, and other related activities.
As part of the registration and login using a third-party service, such as Google OAuth (Google LLC) or Facebook Login (Facebook, Inc.), the Service may collect personal data from the third-party service, including the User's email address (or phone number), as well as their names and surnames. It should be noted that the use of a third-party service to register or log in is subject to the terms of use of the third party. Furthermore, registration or login using a third-party service results from a freely given choice by the User, in that the use of a third-party service is not the default method for registration or login and is only provided for convenience.
The Service may collect and store data (including personal data) on the User's device, using mechanisms such as web browser storage (cookies, local storage) and application data caches.
The Service stores in local storage or cookies:
This information is only useful for the operation of the Service and the optimization of its ergonomics; they are not recorded on the Company's servers.
More specifically, the User's geolocation is used to guide the User when their device is in standby or when the application operates in the background, to suggest points of interest nearby and to provide a summary of their journey (duration, average speed, etc.).
The Company collaborates with partners who may write third-party cookies that are then used by them across their services. Here is a list, which may be amended depending on the needs of the Company, while remaining compliant with this privacy policy:
The controller of the personal data of the User is the Company, whose contact details are listed in the preamble of these GTU. The management, sales, customer service, accounting, and technical departments have access to the information in the performance of their duties, when necessary. The personal data collected from the User and processed by the Company are intended to:
The Company assures the User that it recognizes the importance of providing them with a secure environment. Therefore, the Company implements precautions in line with customary practices and the state of the art to preserve the User's personal data against unauthorized access or unauthorized modification, disclosure, or destruction, in light of the nature of the data and the risks presented by the processing performed.
In particular:
The Company undertakes to retain the User's personal data only for the time necessary to achieve the purposes for which they were collected and processed or, if applicable law provides for a longer storage and conservation period, for the duration prescribed by law. Personal data are then pseudonymized, anonymized, aggregated, or deleted.
The Company informs the User through this privacy policy that web browsers and mobile devices allow them to limit the behaviors of locally stored data or disable them in the settings or options. The steps to do this are different for each browser, and the User can find instructions in the 'Help' menu of their browser. Through the browser or their device, the User can also view the cookies already registered, and delete them one by one or all at once. Cookies are text files so the User can open them and read their contents. The data contained within are often encrypted and correspond to a web session, so they only make sense to the Service that wrote them. If the User disables cookies, they will no longer be able to log in to their Account on the Service or use it properly.
When the User sends an email or any other communication to the Company, it may use these communications to process the questions and respond to the User's requests. The execution of this service at the request of the User (Article 6, paragraph 1, point b) of the GDPR) constitutes the legal basis for processing these data.
At any time the User has the option to accept or refuse to receive communications from the Company, whether by mail, email, phone, or any other means they may specify. When the User agrees, in accordance with the provisions provided by the GDPR, the Company may send the User commercial or informational communications.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, on Data Processing, Data Files, and Individual Liberties, amended by Law No. 2004-81 of August 6, 2004, the User is informed that the Company has made a simplified declaration to the CNIL registered under the number CAm0602969x. The Company commits to protecting all personal data of the User, which data are collected and processed by the Company with the strictest confidentiality, in accordance with the provisions of the aforementioned Law.
The Company also assures the User that any collections and processing of personal data are carried out in accordance with the 2018 General Data Protection Regulation.
The Service is in principle accessible 24/7, except for interruptions, scheduled or unscheduled, for maintenance needs or in the case of force majeure. Being in fact subject to an obligation of means, the Company cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Service. The Company exercises the utmost care but does not guarantee that the Service, and the servers that make it available, are free from viruses and other harmful components. It is up to the User to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet network and to verify that their computer configuration contains no viruses and is in perfect working order.
The User accepts the fact that the Company and its suppliers can in no case be held responsible for material and/or immaterial, direct and/or indirect damages that could result from access to or use of the Service and/or its content, including inaccessibility, data loss, deterioration, destruction, or viruses that could affect the User's computer equipment, and/or the presence of viruses on its Service.
The computerized records kept in the Company's systems in compliance with the standards of security, will be considered as proof of communications of emails, submission of registration forms, content. The archiving of registration forms is performed on a medium that ensures the faithful and durable character required by the current European legal provisions. It is agreed that in the event of a discrepancy between the computerized records of the Company and the documents in paper or electronic format at the User's disposal, the computerized records of the Company will prevail.
For any questions related to these GTU or the processing of data carried out by the Company, or to exercise the rights conferred by the GDPR, the User and/or Member may contact the Company by email at: support@cirkwi.com; making sure to justify their identity (mention their names, surnames, represented company, email address, and attach a copy of their ID).
Effective version – May 25, 2018 – Circuits SAS ©