本通用条款（以下简称“CGU”），适用于法国法律，旨在规范任何人（以下简称“用户”）使用由CIRCUITS SAS公司（以下简称“公司”）编辑的任何网站、小部件、应用程序、API或模块（以下简称“服务”）时的行为。公司注册于南希商业与公司注册处，注册号为B 529 618 241，注册地址为南希Monnaie街8号，出版负责人为Sylvain Caucheteux先生，以总裁身份行事。任何访问或使用服务均意味着用户明确且无保留地接受本CGU。任何用户都保证其拥有接受代表其所在公司、协会或其他实体（以下简称“实体”）使用服务的CGU所需的所有权利、授权和权限。公司保留随时修改本CGU的权利。适用的条件是用户访问服务时有效且可获取的条件。
服务为用户提供访问各种格式的旅游路线或景点，如交互地图，配有文本、照片、评论、图像、视频、声音、动画或其他已知或未知的多媒体内容（以下简称“内容”）。用户可以在符合下文第2条规定的条件下在服务上创建一个账户（以下简称“账户”），从而成为服务的会员（以下简称“会员”）。内容由贡献者会员（以下简称“贡献者”）创建或提供。
为了享受服务的全部功能，用户必须通过在线表格创建一个账户成为会员。此外，会员有责任确保识别其个人信息的准确性和完整性。一旦表格验证，用户即可登录其账户。账户可通过输入用户名和密码访问，会员应自行保密。服务的使用在注册后有效期不定。公司可随时通过电子邮件终止，提供合理通知。如果用户未履行下文用户责任相关的义务，公司可立即且无需通知，临时或永久暂停会员的个人空间访问权限，通过停用其账户，并且不损害公司的其他权利。会员本人可随时联系公司按照本CGU“公司联系方式”一节的规定请求停用其账户。
通过在服务上提供内容，会员即成为“贡献者”，并同意用户可以免费并且仅出于个人目的，在服务及公司的合作网站（以下简称“合作服务”）上，默认查看和分享内容，或从服务或合作服务上在其他电子通讯设备上（包括智能手机、平板电脑、连接电视和游戏机）分享内容，且此权限持续内容在服务上的托管期间。贡献者可以随时使用服务个人空间中的专用功能，禁止在服务或合作服务上传播 部分或全部内容。此外，贡献者在内容托管期间，并在严格限制在使服务通过互联网或其他电子通信方式可访问的功能范围内，授权公司复制/展示内容，并在需要时调整格式以实现此目的。贡献者还被告知，鉴于互联网的固有特性，传输的数据，包括内容，不受保护，不会因公司的行为而受到侵害和/或盗窃的风险，这一点公司不承担责任。如果需要，贡献者应采取所有适当措施保护这些数据。如果由于贡献者或公司的原因而停用贡献者的账户，则该贡献者的内容将从服务中移除。
贡献者可以从其服务个人空间查看其内容传播的统计数据。
贡献者可以随时在以下条件下恢复其插入的所有内容：
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 ©