Terms of Service
March 1, 2020
IMPORTANT - NOTE TO THE USER:
ACCEPTANCE OF GENERAL CONDITIONS:
Please read these General Conditions of Access and Use carefully. They define the conditions and restrictions that you accept when using the BLACK TRACK application.
you acknowledge that these General Conditions are enforceable and you agree to comply with them by clicking on the box provided for this purpose.
the General Conditions may be consulted at any time on the Application.
The attention of the User is drawn to the fact that the content offered in the Application relates to the resolution of criminal investigations and may therefore offend the sensitivity of certain people. The Application is reserved for people over the age of 18 and it is recommended that the most sensitive people not to use the Application.
The surveys offered by BLACK TRACK are inspired by real facts but may include fictional elements, integrated into the surveys by BLACK TRACK or the Users. Consequently, BLACK TRACK does not guarantee the veracity and accuracy of the facts and stories presented in the Application.
Application: application published by BLACK TRACK offering Users the possibility of resolving inquiries proposed on the Application, of proposing inquiries and of interacting with other Users.
BLACK TRACK: simplified joint-stock company, registered in the Bastia Trade and Companies Register under the number 824 424 923, whose head office is located at Lancissement le Lancone number 8 bis - 20620 BIGUGLIA, represented by its Chairman in office, Madame Gina RANALLI, who created and operates the Application.
Boost: designates the credits purchased by the User to benefit from the paid functionalities under the conditions defined in article 4.
User Account: space made available to the User thanks to a username and password, allowing him to use the functionalities of the Application, to access and modify his data, to configure the sharing options and receiving messages.
General Conditions or Contract: these general conditions apply to access and use of the Application and its functionalities.
User content: texts, photographs or any other data published by the User on the Application, in particular on the page relating to his profile, in his exchanges with other Users or during the proposal of surveys.
Terminal: User's mobile device, with a compatible operating system, of which the User is the sole owner or has control, over which the Application is installed and used.
User: any person who has downloaded and uses the Application on their Terminal and undertakes to comply with these General Conditions.
Expert User: User, natural or legal person, having the quality of professional and who uses the Application for professional purposes.
The User natural person must be an adult and have the capacity to contract.
The User declares and guarantees that it is not located in a country subject to an embargo by the United States government, designated as supporting terrorism or that it is not included in a list of people subject to restrictions or prohibitions established by the United States government.
Otherwise, the User is not authorized to use the Application.
SUBJECT OF GENERAL CONDITIONS
These General Conditions define the conditions under which the User has the right to use the Application as well as the respective responsibilities of BLACK TRACK and the User.
BLACK TRACK may at any time modify, update, suspend or delete the Application, the services or modify the General Conditions. In case of modification of the General Conditions, BLACK TRACK will inform the User about the Application and the new General Conditions will be applicable subject to the acceptance of the User. In the absence of acceptance, the User may terminate the Contract under the conditions provided for in article 9.
ACCESS TO THE APPLICATION AND REGISTRATION
3.1. Access to the Application: the functionalities of the Application are accessible to the User on the Terminal after its download on the legal download platform of applications corresponding to its Terminal (Apple Store or Google Play Store) and the creation of a User Account.
The User must have a system (hardware and software) compatible with the Application (compatibility indicated on the presentation of the Application on the Download platform for the Application) and Internet access which are available. charge and under the responsibility of the User. Use of the Application may require periodic updates.
3.2. Creation of the User Account and provision of information: the User must create a User Account on the Application by communicating the requested information, and will choose a username and password in order to connect to his User Account.
The User Account allows the User to manage his profile and the information provided and to use the functionalities of the Application described in article 4.
It is recommended that the User choose a strong password according to the recommendations indicated. The Client acknowledges that his username and password are strictly personal and confidential. It therefore refrains from communicating or sharing them with third parties. The User is solely responsible for the use of his User Account, as well as all actions and declarations made via his User Account, and as such guarantees BLACK TRACK against any request in the event of fault on his part.
BLACK TRACK cannot in any case be responsible for the provision of false information by the User or its consequences.
BLACK TRACK does not have the technical means necessary to verify the identity of Users accessing and registering on the Application and cannot guarantee the Users as such. Consequently, in any case, BLACK TRACK cannot be held responsible for the usurpation of the identity of a User
However, to preserve the quality of the Application, in case of doubt about the accuracy of the information provided by the User, BLACK TRACK reserves the right to request official proof from the User in question and / or to suspend access to the User Account during the necessary checks. In the absence of communication of the requested supporting documents or if the inaccuracy of the data was proven, the right to use the User's Application may be terminated under the conditions of Article 9 of these General Conditions.
In addition, Expert Users must provide proof of their professional status and their User Account will only be validated after receipt of said proof.
3.3. Sharing of information: the User can configure his profile to choose to make his profile information public on his profile by sharing it with other Users whom he has authorized to view this content ("Members") (his position, his name, first name and gender, date of birth, e-mail address and / or locality, photo gallery, surveys). He may also choose to authorize other Member Users to publish content on his profile and / or accept or not to receive messages from unknown Users. The authorization given to Member Users to consult the User's information and / or publish content on their profile may be withdrawn.
Professional profiles (Expert Users) are public by default and any User can contact them by default.
The features offered on the Application can be free or paid, as explained below.
In addition, to benefit from all the services and functionalities offered on the Application, the User must authorize the Application to access the photographs stored on his Terminal as well as the Terminal's geolocation system.
Surveys: The User may participate in surveys, access the indices offered and / or hide the indices posted by other Users, publish indices specific to the survey which will be geolocated on the interactive map offered in the Application (photograph or video , provided that the User has accepted access to his photographs and geolocation), request assistance from other Users by posting an alert and follow the news feed specific to each survey grouping together alerts and news from other Users.
The User may propose surveys, indicating the information required on the form provided for this purpose, which must be validated by BLACK TRACK before their publication according to relevance criteria, etc.
Access to certain surveys is chargeable.
News feed: The Application includes a news feed presenting news or advertising content related to the Application and its overall concept. The User can share news, post news, comment on published news or even bring news up using a Boost.
Messaging: The User may also communicate through the private messaging service with other Users that he has accepted (“Members”) or subject to having accepted to receive messages from Users who are not members, that is- ie "unknown" Users.
Notifications: The User may receive notifications in the Application in order to be notified, in particular, of the receipt of a new message or of the publication of a new element in the surveys in which he participates. The User may receive Push notifications subject to their consent. The User can deactivate notifications in the Application and Terminal settings.
Paid functionalities: as indicated above, certain functionalities are chargeable (certain surveys and the possibility of sending information back to the top of the news feed) and require the use of the number of Boost indicated to access it.
Boost can be acquired in packs at the prices indicated in the Application ("shop" tab) and cannot be purchased individually.
The packs are purchased directly from Google or Apple (“integrated purchase”) via their Apple or Google account, which are solely responsible for processing the payment, according to their own applicable rules which the User is invited to consult. BLACK TRACK has no control over integrated purchases and their payment and in no case has access to the User's bank data. The right of withdrawal, if applicable, is exercised directly with Google or Apple.
Boost are valid for the period during which the User Account is active and are consumed when they are used. They cannot be transferred to other equipment, can be downloaded only once and once the purchase has been made, cannot be replaced or reimbursed. If the User Account is canceled or deleted, or the Application is uninstalled, the Boost will be lost.
OBLIGATIONS OF THE USER
5.1. User Content: The User accepts and undertakes to use only User Content over which he holds all the rights necessary for their use within the framework of the Application and not to use or distribute User Content likely to relate infringement of third parties or of applicable laws.
For example, the User undertakes not to use User Content contrary to good customs and public order, inappropriate, defamatory, abusive, pornographic or pedophile, obscene, violent, provocative, racial or discriminatory, condemning war crimes, crimes against humanity, or terrorism.
Likewise, the User undertakes not to use User Content which infringes the rights of third parties such as the right to private life, the right to image or intellectual property rights. He undertakes not to use or distribute photographs or private correspondence of other people without their agreement, or damaging their honor or reputation.
Finally, the User undertakes to publish only User Content related to the Application and its concept.
In general, the User undertakes not to harm the Application and refrains from any maneuver likely to affect its proper functioning.
The User acknowledges and accepts that he is solely responsible for the legality of User Content, in accordance with article 7.
The User acknowledges that any publication of illicit User Content constitutes a serious breach of this Agreement likely to result in sanctions and in particular the withdrawal of the disputed User Content, the suspension of the User Account, the deletion of the User Account within a period of '' one month after notification by BLACK TRACK of the breach committed by the User, and this without compensation for the defaulting User.
5.2. Reporting of Illegal User Content: the User may inform BLACK TRACK through the reporting system provided for this purpose in the Application if he considers that the behavior of another User or that content published on the Application does not '' does not comply with current law or with this Agreement, in particular for the content constituting an apology for crimes against humanity, a provocation to the commission of acts of terrorism and their apology, an incitement to racial hatred, to hatred towards people because of their sex, their sexual orientation or identity or their handicap as well as in particular child pornography, an incitement to violence, an incitement to violence against women, or an attack on human dignity.
In its capacity as host of User Content, BLACK TRACK undertakes to promptly remove from the Application any manifestly illegal content reported by a User under the conditions provided by law, it is up to the User to exercise all recourse that '' he considers useful against the author of the content reported to obtain damages.
The User is informed that any abusive denunciation is likely to give rise to a fine or to damages.
5.3. Warnings to the User: the User recognizes and accepts that by using the Application, he will be able to access content relating to criminal investigations which may shock or strike the most sensitive persons.
In addition, the news feed may allow Users to access content, sites or services offered by third parties. In this case, these contents, sites or services are subject to the general conditions of the third party concerned and BLACK TRACK is in no way responsible for the exchanges or relations between the User and this third party.
6.1. BLACK TRACK rights: BLACK TRACK is the holder of all rights and / or legally operates the Application.
The User acknowledges that the brands, models, copyrights and all other intellectual property rights concerning the Application and its concept, including any modifications, translations, adaptations, improvements, corrections, updates or new versions or works derivatives, are and remain reserved at all times for BLACK TRACK. Any total or partial reproduction of the aforementioned elements constitutes an infringement of the rights of BLACK TRACK.
The User undertakes to use the Application in accordance with this Contract and not to infringe in any way whatsoever the BLACK TRACK property rights. Such an attack could give rise to legal proceedings and to the termination of this Contract.
6.2. License granted to the User on the Application: subject to compliance with the General Conditions, BLACK TRACK grants the User a personal, limited, temporary, non-transferable and non-exclusive right to download, install and use the Application on its Terminal, in its executable form. Any unauthorized use in this Agreement is prohibited. In particular, but without limitation, the User is prohibited from:
copy, reproduce, modify in any way whatsoever, integrate into another product, all or part of the Application, even to correct the errors it may contain, this option being exclusively reserved for BLACK TRACK, with the exception copies authorized by law;
disassemble or practice some reverse engineering, try to discover the source codes (strictly confidential) and / or data files specific to the Application, including to make it interoperable with other hardware or software than those mentioned in the article 1;
distribute, give, sell, sublicense, or otherwise transfer, even free of charge, all or part of the rights conferred by this Contract, by any means, to anyone; as such, the User undertakes to erase the Application from his Terminal in the event that he transfers ownership or control to a third party;
remove, hide or alter any mention of property or label affixed on or in the credits of the Application.
6.3. Right of use of User Content by BLACK TRACK: the User recognizes and concedes to BLACK TRACK the rights of use on User Content necessary for the provision of services by the Application, namely their reproduction, representation and display on the website. 'Application to make them accessible to other Users, for the duration of the User's rights and worldwide.
7.1. Guarantees of BLACK TRACK: BLACK TRACK will make its best efforts to allow a continuous access to the Application with diligence and in the respect of the rules of the art, except interruption required for maintenance, possible breakdowns, technical constraints or legal, without these periods of interruption can not engage the responsibility of BLACK TRACK nor open the right to any reimbursement or compensation to the extent permitted by law.
As the Application falls within a particularly complex area of computer technology and in the current state of knowledge, it cannot materially be subject to tests concerning all the possibilities of use and no other guarantee than those described in this Contract. cannot be assumed.
In particular, the adequacy of the Application cannot be guaranteed for all the needs and requirements of the User which are at his sole discretion, or the functioning of the Application without errors or damage. To the extent permitted by law, the application is provided "as it is", as part of an obligation of means.
Assistance, maintenance or updating of the Application for the benefit of the User is not included in the license provided for in this Contract. The User therefore recognizes that BLACK TRACK (or the operators of the download platforms) has no obligation to provide maintenance and assistance services regarding the Application.
7.2. Guarantees of the User: the User is the publisher of User Content and guarantees that they do not infringe the rights of third parties or the legislation in force.
It guarantees BLACK TRACK against any claim linked to User Content due to a fault on the part of the User, including all indemnities, costs and attorneys' fees which could be charged to BLACK TRACK as a result of the fault of the User.
8.1. Responsibility of BLACK TRACK: BLACK TRACK assumes an obligation of means in the execution of the Contract and cannot be held responsible for operational defects of the Application by the mere fact of their existence. BLACK TRACK's liability can only be established in the event of foreseeable damage, resulting from a proven breach of its obligations directly attributable to BLACK TRACK.
BLACK TRACK will not be responsible for any damage originating in the use of the Application or User Content which is not in accordance with this Contract, nor for any technical problem of the User on his Terminal which would not be linked to a fault of BLACK TRACK. BLACK TRACK cannot be held liable if, for a reason beyond its control, the Application is inaccessible or of poor quality, in particular due to the User, his Terminal or the means allowing him access and use of the Application.
In no case may BLACK TRACK be held liable to the User, including in the event of a claim by a third party, for indirect damage in the context of the use of the application or the impossibility of using it.
The responsibility of BLACK TRACK, which has the sole quality of host with regard to User Content, cannot be held liable for the illicit nature of User Content published on the Application or the withdrawal of such User Content following a notification, with the exception of the cases provided for by the law applicable to the responsibility of the hosts.
With regard to Expert Users, BLACK TRACK's liability will in any event be strictly limited to a total amount of 500 euros.
To the fullest extent possible and permitted by law, the limitations and exclusions of warranty and liability provided for in this Agreement apply regardless of the basis of liability.
8.2. Responsibility of the User: The User is solely responsible for the use he makes of the Application and for damages which would be attributable to a fault on his part, vis-à-vis BLACK TRACK or third parties, in particular related to the creation, use, distribution, deletion or modification of User Content or to events organized through the Application.
DURATION AND TERMINATION
This contract is concluded for an indefinite period.
9.1. Suspension of the User Account: the User may suspend his Account at any time, the suspension of the account will result in the invisibility of the User profile and content. The user can reactivate their Account within a period of 60 days using their identifiers.
9.2. Termination by the User: the User may stop using the Application at any time, in particular by deleting it from his Terminal and / or deleting his User Account without notice. This deletion is immediate and is irrevocable.
9.3 Deletion of inactive accounts: Accounts which have been inactive for a period of 3 years will be automatically deleted by BLACKTRACK. The deletion will result in the loss of published user content, boosts and items saved by the User (progress in surveys, history of private messages, comments, etc.).
The deletion of the Account, on the initiative of the User or in the absence of reactivation of the Account suspended within the period indicated, will result in the deletion of all the data of the Account saved on the Application and the deletion of Boosts. This deletion has an immediate effect but may be effective at the end of a maximum period of 60 days, a period necessary for BLACK TRACK to proceed with the deletion of all data concerning the User. During this period, the account will be hidden and will no longer be accessible on the Application.
The User must create a new Account in order to be able to use the Application again.
Notwithstanding the above, it is specified that the data associated with the Account and / or the performance of the Contract may be archived for the duration indicated in the confidentiality policy (duration of the legal obligations of BLACK TRACK and legal limitation period for the declaration , the exercise or defense of the rights of BLACK TRACK in court).
9.2. Termination by BLACK TRACK: BLACK TRACK may terminate the Contract, either by notifying the User with reasonable notice, or in the event of the User's failure to fulfill his obligations and in particular in the cases provided for in article 5.
In the event of termination, the User must stop using the Application and delete it from his Terminal. The provisions applicable to the deletion of the Account will apply. The provisions which must survive the termination or cancellation of the Contract, by their nature or expressly, will continue to apply for the duration which is applicable to them.
12.1. Intuitu personae. The Contract is concluded "Intuitu personae". The User may not transfer or assign in any way whatsoever all or part of his rights and obligations resulting from this Contract.
12.2. Tolerance: The fact for one of the Parties not to demand at any time the strict execution by the other Party of any provision or condition of this Contract will not be deemed to constitute a definitive waiver of this provision or condition .
12.3. Invalidity of a clause: If one of the non-essential clauses of the General Conditions turns out to be null or unenforceable by virtue of a law or regulation or following an enforceable decision of a jurisdiction or a competent authority, the Parties expressly agree that the Contract will not be affected by the nullity of the clause in question.
12.4. Applicable law and jurisdiction: the Contract is subject to French law.
Any litigation which could arise within the framework of its validity, its execution and its termination could, before any legal action, be the subject of discussions between the Parties with a view to an amicable settlement.
The User may also have recourse, in the event of a dispute, to a mediation procedure or any other alternative method of dispute resolution. It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal actions.
Any legal action relating to the conclusion, interpretation, execution or termination of this Agreement will be the jurisdiction of the competent courts in application of the applicable rules or, with regard to Expert Users, of the exclusive jurisdiction of the courts materially Marseille authorities.
01 March 2020
BLACK TRACK may collect personal data about you in the context of the use of the BLACK TRACK application, which is processed in the manner described below.
BLACK TRACK is committed to the privacy of users and to compliance with the regulations in force.
The data controller is BLACK TRACK, a simplified joint-stock company, registered in the Bastia Trade and Companies Register under number 824 424 923, whose head office is located at Lotissement le Lancone number 8 bis - 20620 BIGUGLIA, represented by its President in office, Mrs. Gina RANALLI. Users can contact BLACK TRACK at the following address: firstname.lastname@example.org .
Purpose of processing
The processing of personal data collected in connection with the use of the application is as follows:
Data linked to the creation of the user account and the use of the application
Access your photos / videos to the geolocation system from your device
Data linked to the creation of the user account
The data linked to the creation of the user account are the data that you communicate via the registration form (pseudonym, email address, last name, first name, country or locality and, where applicable, the photos uploaded to your profile).
Mandatory data are indicated by an asterisk.
Then, within the framework of the use of the application, BLACK TRACK will have to process all the data and content that you provide (such as indices, photographs, comments, content published on the news feed, proposals surveys, use of messaging). BLACK TRACK may also collect the data that you communicate within the framework of your interactions with it (such as requests for information, support, exercise of rights concerning personal data, reporting of illegal content).
BLACK TRACK does not collect any payment data insofar as any payment for in-app purchases is managed directly by the operators of the application's download platforms (Google / Apple).
Purposes and legal basis: personal data is collected for the following purposes:
User account management
Execution of the contract (general conditions), exchanges with the user if necessary
Identification of the user in the application with other users
Providing application services and features
Ensure application security
Manage illegal content
Manage requests for the exercise of rights relating to personal data
This personal data is necessary for the execution of the general conditions (contract) and the provision of application functionalities, as well as for compliance with the legal obligations of BLACK TRACK. In the absence of communication of the personal data identified as compulsory, you cannot conclude the contract and use the application.
The processing of data for security purposes (analysis of fraudulent behavior) is based on the legitimate interests of BLACK TRACK to ensure the security of the application.
The processing of data for the purposes of processing reports of illegal content or requests to exercise rights relating to personal data is based on the legal obligations of BLACK TRACK.
Access to user photographs / videos and geolocation
As part of using the application, you can authorize the application to access your photographs / video and the geolocation system of your device.
Purpose and legal basis: this data is collected in order to provide you with functionalities of the application allowing the use of posting clues in the form of photographs / videos and geolocating them on the map offered by the application.
The processing of this data is based on your consent which will be materialized by the acceptance of access to your photographs and / or to the geolocation system of your device via a pop-up during your registration. You can withdraw your consent at any time in the settings of your device.
BLACK TRACK may also send you information e-mails. This processing is based on the legitimate interests of BLACK TRACK to send information e-mails to its users concerning the company, its activities, products or services.
How is personal data processed?
Recipients: the recipients of the data are:
BLACK TRACK staff;
BLACK TRACK's technical suppliers (host, IT service providers), as well as its advisers;
other users of the application: you can choose the data you want to share or not in the settings of your user account.
Conservation and archiving: your personal data is processed during the term of the contract, until the deletion of your account.
Deleting the account will delete all the account data saved on the application. This deletion has an immediate effect but may be effective after a maximum period of 60 days, the technical period necessary for BLACK TRACK to proceed with the deletion of all data concerning the user (certain data subject to '' manual deletion). During this period, the account will be hidden and will no longer be accessible on the application.
In addition, this data can be kept by BLACK TRACK in its contact database for 3 years after your last contact in order to contact you if necessary.
The data relating to the contract, its execution and its consequences are archived for a period of 5 years after the end of the contract for the purposes of establishing, exercising or defending a legal claim (limitation period).
What are your rights on the personal data communicated?
You have the following rights over the personal data that you have communicated to BLACK TRACK, under the conditions provided for by the regulations in force:
A right of access and rectification (you can in particular modify the profile data on your user account);
A right to erasure of data ("right to be forgotten"), a right to limit processing;
A right to object to the processing (if the processing is based on legitimate interests), in particular the right to request to no longer receive the newsletters sent by BLACK TRACK;
The right to withdraw your consent when the processing is based on it;
The right to define directives relating to the fate of his personal data after his death;
A right to the portability of the raw data supplied to BLACK TRACK;
The right to lodge a complaint with the competent authority (in particular the CNIL in France).
These rights can be exercised on request from BLACK TRACK at the following coordinates: SAS Black-Track Lotissement le lancone 8bis 20620 Biguglia; email@example.com .