Application Terms

Identification
This application (the “Application”) is the property of OCEAN PINK, a simplified joint-stock company with capital of €5,000 registered in the Chateauroux Trade and Companies Register under number 844 724 336, whose registered office is located at 1 WAY OF THE LORDS 36220 LURAIS (contact@umay.app)
OCEAN PINK is subject for France to VAT under the number FR05844724336.
The publication director is Pauline VANDERQUAND.
The Application is hosted by OVH, SA par simplified share with a single shareholder with a capital of €10,174,560, whose head office is located at 2, rue Kellermann, 59100 Roubaix. Contact: www.ovh.com

 

Terms of Service
 
THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) ARE CONCLUDED BETWEEN OCEAN PINK AND ANY PERSON (“YOU” OR “THE USER”) USING THE APPLICATION. THESE TERMS AND CONDITIONS SOLELY GOVERN YOUR RELATIONSHIP WITH OCEAN PINK.

After having read them, the General Conditions must be accepted by any User wishing to access and use the Application. Simply downloading and connecting to the Application does not imply acceptance of these General Conditions by the User. In the event of non-acceptance of the General Conditions, the User must renounce the use of the Functions offered in the Application.

The General Conditions may be subject to modifications as the Company’s offer evolves. Consequently, OCEAN PINK reserves the right to modify the General Conditions at any time. Unless otherwise provided by law, OCEAN PINK will ask you via a notification in the application to accept the new General Conditions. If you do not wish to accept the updated General Conditions, you can request the deletion of your account (contact@umay.app) and uninstall the application.

These General Conditions were updated on [20/12/2021].

 

1. Definitions
 
“Application”: refers to the “UMAY” mobile application, available for free download from Google Play Store and Apple Store, compatible with iOS versions 10 and higher for iPhone and Android 6.0.
“General Conditions”: refers to this document.
“User Account”: designates the personal space created by the User which is necessary for the use of the Application.
“Hotels Safes”: designates the partner hotels of OCEAN PINK, committed to ensuring the safety of Users during their stays.
“Partners”: designates the commercial partners of OCEAN PINK referenced as being SafePlaces.
“SafePlaces”: refers to the places referenced on the Application by OCEAN PINK allowing Users to take refuge there if necessary. These may be OCEAN PINK Partner businesses, or any other place referenced by OCEAN PINK.
“Features”: designates all the features of the Application.
“Company”: refers to the company OCEAN PINK, owner and publisher of the Application.
“User”: refers to any consumer and professional, i.e. any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity, who has downloaded from his smartphone the Application and uses the Features in compliance with these General Terms and Conditions. It can also be Safeplace Managers using the application to manage their SafePlace space (updating information on their SafePlace and publishing events)

 

2. Features
 
UMAY is an application that aims to fight against street harassment and insecurity. Available free of charge on the various market platforms (Apple iOS, Google Android), it can be used anywhere in mainland France and Europe.

The Features provided to Users through the Application are as follows:

“Launch a journey”: The “Launch a journey” Functionality offers Users a travel geolocation service, transmitted in real time to other Users, trusted persons chosen by the User (the “trusted persons “). An alarm system will be triggered on his phone if the User stops moving, triggers an SOS or if his direction changes to a SafePlace. Notifications will be sent to Trusted Persons at each event during the journey so that they can intervene and rescue her.

“SafePlace”: The “SafePlace” Functionality offers any User who feels harassed while traveling or at a party, a map of the city showing the SafePlaces: bars, restaurants, hotels, shops, nightclubs etc. so that he/she can get there safely.

“Recommended Events” and “Nearby Safeplaces”: The “Recommended Events” and “Nearby Safeplaces” Function offers Users a selection of the Company’s partner SafePlaces, as well as a selection of events organized by these partners.

“Book a Safe Hotel”: The “Book a Safe Host” Functionality offers Users a selection of the Company’s partner Safe Hotels, where they can travel and stay in safety.

“Report”: Along their journeys, Users have the possibility of reporting various events: Feeling of insecurity, Harassment, Aggression, Domestic Violence, Sexual Assault. These reports, excluding domestic violence and Feeling of insecurity, will appear for 30 minutes after they have been reported to other Users. They are always anonymous. They will constitute a database then shared with the cities that are clients of UMAY services to adapt public policies.

Consequently, through the Application, the User may:
(i) Share their location with selected Users so that they can see their location in real time on a map: the User decides at all times with whom to share their location, so that only Trusted Contacts expressly selected by the User will have access to this information. Under no circumstances will information relating to the User’s location be shared by OCEAN PINK with a third party other than the selected Trusted Contacts. To select the Trusted Contacts with whom he wishes to share his location, the User must follow the steps detailed in the Application. In addition, any User may stop sharing their location with Trusted Contacts at any time. To do this, simply stop your journey in the Application. This option will be available at any time for the User
(ii) In case of danger, take refuge in the nearest open SafePlace indicated on the map in the Application.
(iii) Activate the “SOS” danger button in case of emergency.
(iv) Notify Trusted Contacts of safe arrival and stop sharing real-time location.
(v) Find Safe Hotels where to travel safely
(vi) Report the events of insecurity he encounters along his journey

The Features are available free of charge to all Users of the Application.

 

3. Technical conditions of use
 
Any User can download the Application free of charge via Google Play Store and Apple Store.

To be able to use the Application, any User must have a smartphone using one of the following operating systems (or higher): iOS 10 for iPhone and Android 6.0. All smartphones that support these operating systems meet the characteristics necessary for the proper functioning of the Application.

The proper functioning of the Application is subject to (i) the activation of geolocation services, (ii) access to an internet connection and (iii) the authorization to receive Push notifications.

 

4. Creation of User Accounts
 
Any use of the Functions offered by the Application necessarily requires prior (i) the creation of a User Account and (ii) the consideration and express acceptance of these General Conditions.

The creation of a User Account is done free of charge by filling in the identification data form offered to him.

OCEAN PINK does not under any circumstances verify or check the consistency or relevance of the data entered in the questionnaire. The User acknowledges that in no case OCEAN PINK is responsible for the veracity of this information.

The User agrees to update this information in his User Account as soon as it is modified so that this information is always up to date.

 

5. Creating a SafePlaces account
 
Safeplace managers have access to a reserved space to manage their SafePlace file (presentation file of their establishment or business).
To access this reserved space, managers must
Create a User account
In the user menu, select the “Safeplace access” function. Via the email provided when registering their establishment or business, and the password that will have been sent to them by email, they will be able to access this space to modify the information relating to their Safeplace and publish events.
It is the responsibility of the managers to modify the generic password transmitted during registration (via the “forgotten password” process

 

6. Copyright
 
The general structure, as well as the software, texts, images, animated or not, sounds, know-how… and all the other elements making up the Application are the exclusive property of OCEAN PINK or its partners.

Any total or partial representation of the Application, without the express authorization of the operator of the Application, is prohibited and would constitute an infringement punishable by articles L. 335-2 and following of the Intellectual Property Code.

The trademarks of OCEAN PINK and its partners, as well as the logos appearing on the Application are semi-figurative trademarks or not and are registered. Any total or partial reproduction of these brands or these logos, made from the elements of the Application without the express authorization of the operator of the Application is therefore prohibited, within the meaning of Article L.713-2 of the Intellectual Property Code.

These General Conditions do not imply any transfer of any kind of intellectual property right on the elements belonging to OCEAN PINK, or assigns such as sounds, videos, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the User. Any other use not expressly authorized in writing and in advance by OCEAN PINK is prohibited and constitutes an infringement.

 

7. Responsibilities
 
7.1 Obligations / Liability of the User
 
In particular, the User is prohibited from:
communicate information:
false, imprecise, misleading;
defamatory, slanderous or slanderous;
that infringe copyright, patent rights, trademark rights, trade secrets, other intellectual property rights, the right of disclosure or the privacy of third parties;
that violate French and/or applicable law;
which contain viruses, Trojan horses, “worms”, time bombs, “cancelbots” or any other computer program intended to damage or clandestinely intercept any computer system, data or personal information;
attempt to mislead other Users by usurping the identity or a corporate name or by damaging the image or reputation of other people and/or by impersonating a third party or an employee, an authorized service or an affiliate of OCEAN PINK;
disrupt, slow down, block or alter the normal flow of data exchanged within the framework of the Application;
fraudulently accessing, maintaining, hindering or disrupting OCEAN PINK’s information systems and in particular the servers, networks connected to the Application, or refusing to comply with the required conditions, procedures, general rules or applicable regulatory provisions to networks.
to question the responsibility of SafePlaces (and of any company of their possible groups) and to carry out denigration or defamation by publishing any content whatsoever on the internet or on social networks.

The User undertakes to comply with the legal provisions on the subject, applicable to information circulating on the Internet and/or the Application and will in any event remain solely responsible for any infringement of the rights of third parties which may result from his use of the ‘Application. The User is the sole judge of his legal, contractual and/or judicial ability to access the Application and/or use the Application. As such, by using the Application, the User acknowledges that he does not violate any legal, contractual or statutory provision. The User agrees to use the Application and the Services for purposes consistent with public order, public security and good morals and will in any event remain solely responsible for any breaches of public order, public safety and good morals which could result from its use of the Application. OCEAN PINK reserves the right to block or delete the User Account, as well as to take the appropriate legal actions in the event that a User violates the provisions of these Conditions.

 

In general, the User guarantees OCEAN PINK against any claim, action and/or claim to which it may be subject.

 

7.2 Obligations / Liability of OCEAN PINK
 
It is recalled that (i) the transmission of data on the Internet only benefits from relative reliability, these circulating on heterogeneous networks, with various characteristics and capacities, which are sometimes saturated at certain times of the day and of a to impact download times or data accessibility, (ii) the Internet is an open network and, consequently, the information it conveys is not protected against the risk of misappropriation, intrusion into your system , piracy of data, programs and files on his system, contamination by computer viruses, and (iii) it is the User’s responsibility to take all appropriate measures to protect his system and its content against contamination by viruses as intrusion attempts.

The Application and its content are provided “as is”. OCEAN PINK in no way guarantees (i) that the Application is accessible at all times or without error and/or free from defects and/or (ii) that the Functions, information or other content obtained by the User via the Application will meet the expectations of the User. In this context, it is recalled that access to the Application may be temporarily suspended, due to (i) hardware and/or software maintenance of the Application server, and/or (ii) hardware maintenance , software and/or editorial of the Application, (iii) the maintenance of third-party elements integrated into the Application such as the maps necessary for the operation of the geolocation of Users and/or (iv) the occurrence of a case force majeure. The possibility of temporary or permanent unavailability of the Application and/or malfunctioning of the Application cannot under any circumstances give rise to a claim for damages or any other form of compensation.

OCEAN PINK’s obligations are limited exclusively to the provision of the Features described herein. Under no circumstances may the Company be held liable for any indirect or direct damages arising from or relating to (i) the use of the Application by the User; (ii) the inability of the User to use the Application; (iii) the malfunction of the Application; (iv) modifying or deleting content transmitted via the Application; or (v) any event occurring within partner SafesPlaces and/or Hotels Safes.

 

7.3 Obligations / Liability of SafePlaces
 
The obligations of Safeplaces are limited exclusively to providing a welcoming reception area for all users and to complying as far as possible with the reception principles described in the UMAY reception charter. Under no circumstances can SafePlace be held liable for any indirect or direct damages arising from or relating to (i) the use of the Application by the User; (ii) the inability of the User to use the Application; (iii) the malfunction of the Application; (iv) modifying or deleting content transmitted via the Application; or (v) any event occurring within partner SafesPlaces and/or Hotels Safes.

Therefore OCEAN PINK or the SafePlace can in no way be held responsible for the consequences that may result from the use that the user may make of the UMAY Mobile Application.
OCEAN PINK or the SafePlace cannot be held liable in any way whatsoever in the event of bodily injury and/or immaterial and/or material damage related to the use of the Mobile Application.

The SafePlace will make its best efforts to provide a reception area to the user who requests it so that the user and or the SafePlace can contact the police, the emergency services, family, friends and or taxis according to the regulations in force. He undertakes to respect the welcome charter presented in this document

The SafePlace Hotel cannot be held responsible in the event that a User cannot access the reception area. Indeed the SafePlace Hotel is an establishment open to the public respecting specific rules relating to fire safety, therefore this airlock will be closed or inaccessible at certain times.

The User will be informed that if he wishes to leave the SafePlace by his own means, he assumes all responsibility in the event of damage or subsequent prejudice, knowing that the SafePlace remains free to contact the police and/or the emergency services, even in the event of contrary to the will of the User.

 

8. Force majeure
 
OCEAN PINK cannot be held liable in the event of non-performance of one of its commitments to Users, if this failure is due to a case of force majeure such as (and without limitation) natural disasters, riots, wars, epidemics , prince’s act, earthquakes, telecommunications malfunction.

 

9. End of contract
 
Each User may delete his User Account at any time without any prior justification, thus terminating his User contract. All you have to do is make a request by email to contact@umay.app

The deletion of the User Account may lead to the deletion of all the content to which You had access.

OCEAN PINK reserves the right to delete the User Account of any User who seriously and repeatedly violates these General Conditions.

 

10. Applicable law and jurisdiction
 
The General Conditions are subject to French law. The competent jurisdictions are determined by article L141-5 of the Consumer Code.

The Application complies with French legislation, and under no circumstances does OCEAN PINK give any guarantee of compliance with the local legislation that would be applicable to you, when you access the Application from other countries.

These General Conditions are written in French. In the event that they are translated into a foreign language, only the French text is authentic in the event of a dispute.

 

APPENDIX I


DATA PROCESSING AGREEMENT / GDPR

Given the operation of OCEAN PINK’s tools and services and in accordance with the EDPB Guidelines of September 2, 2020, the Parties have determined the positions of the Parties as follows.

 


 

Processing #1

Processing #2

Processing #3

Purpose(s) of Processing

Account Recovery

Statistics

Artificial Intelligence

Data Controller

Ocean Pink

Ocean Pink

 

Subcontracting

OVH

OVH

 

Nature of the operations carried out on the Personal Data

Email collection

Collection for statistical purposes of non-personal data

 

Types of Personal Data processed

Email

Gender, sexual orientation, age.

 

Categories of Data Subjects

All users

Users who completed these non-mandatory fields

 

Processing

Punctual, at the request of the user

Using the app

 

Place of Processing

WEB servers / France

Subcontractor of the Service Provider specifically involved in the processing

OVH – data storage

 

I. DEFINITIONS

Unless otherwise expressly specified in this DPA, the terms “Regulatory Authority”, “Personal Data”, “Data Subjects”, “Binding Corporate Rules”, “Controller”, “Processor”, “Processing” and “Personal Data Breach” will have, in this DPA, the definitions provided by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”).

In addition, the term Laws and regulations applicable to the protection of personal data will have, in this DPA, the following definition: “laws, regulations and other national and European standards, applicable to the processing of personal data implemented works under the Contract(s), including in particular the GDPR and French law adopted in addition to or in application of the provisions of the GDPR, as well as, where applicable, the European regulations applicable to the processing of electronic communications data , the use of tracking technologies such as cookies and direct marketing (“e-Privacy” rules). The laws and regulations applicable to the protection of personal data are interpreted by the CNIL and the EDPB. »