updated on January 2018
As an introductory remark, Users and Members are informed that the Services provided by the Publisher through the Website enable them to (i) find out the characteristics of the functionalities of the Product and the associated Application, (ii) place Orders for Products, track the progress of such Orders and (iii) access, amend and/or add to Personal Data which is necessary to use the Application.
ARTICLE 2. DEFINITIONS
All of the terms and expressions referred to below shall have the meaning assigned below:
- Mobile Application
The term “Mobile Application” refers to the software application “Cosmo Connected” which is published and provided by the Publisher so that it can be used in conjunction with the Product and which gives access to, among other things, the assistance service, which is available free of charge in Apple’s “Apple Store” and Google’s “Google Play Store” to be downloaded by any Member on his/her mobile telephone which runs on an Apple iOS or Android operating system and has an Internet connection.
The Application also includes the software, programs, tools (for programming, browsing, etc.), databases, operating systems, documentation and all other components and services which it comprises, and updates and new versions which may be made to the Application by the Publisher.
The Application also gives access to some Personal Data of the Member through the “Emergency Assistance Alert”.
The term “Order” refers to any order for (a) Product(s) made by the Customer from the Company through the Application, the Website or any other medium or person authorized by the Company to offer the Product for sale.
The term “Account” refers to the environment accessible on the Website which a Member can access by providing unique identifying information (username and password) which makes it possible to (i) place Orders for Products and track the progress of such Orders and (ii) access, amend and/or add to Personal Data which is necessary to use the Application.
- Intellectual Property Rights
The term “Intellectual Property Rights” refers to all intellectual property rights as referred to in European and International agreements such as the World Intellectual Property Organization (“WIPO”), including copyrights, derivative rights, related rights of artists, performers and record and video producers, trademarks, patents and trade names (including Internet domain names and email addresses); this list is not exhaustive.
- Personal Data
The term “Personal Data” shall mean any information relating, within the meaning of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data as amended, to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
The term “Member” refers to a User who is an individual and who has registered on the Website by opening an Account.
The term “Services” refers to the means and functionalities made available to the User or Member through the Website in order to (i) place Orders for Products and track the progress of such Orders and (ii) access, amend and/or add to Personal Data which is necessary to use the Application.
- Emergency Assistance Alert
The expression “Emergency Assistance Alert” refers to the paid-for functionality which is not integrated into the Application and which can alert the emergency services in case of an anomaly during the journey of the user of the Product.
ARTICLE 3. ACCESS TO THE WEBSITE
Access to the Website and its functionalities is reserved for individuals who have legal capacity.
Each User must also have the skills, equipment and software required to use the Internet and acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet.
The Publisher shall endeavour to provide constant access to the Website, except in the event of force majeure or an event beyond the Publisher’s control, and subject to any breakdowns and maintenance operations which are necessary for the proper operation of the Website and its functionalities.
Consequently, the Publisher cannot be held liable if it becomes fully or partly impossible to access the Website and/or its functionalities for any length of time whatsoever.
Technical support can be accessed by the User by contacting Customer Service by email at the following email address: firstname.lastname@example.org.
In addition, the Publisher may stop the Website or some of the functionalities of the Website at any time and without notice, with no entitlement to compensation.
The User acknowledges and agrees that the Publisher shall not be liable for stoppages, and consequences which may arise out of them for the User or any third party.
ARTICLE 4. REGISTRATION ON THE WEBSITE AND CONTENTS OF ACCOUNTS
For the purposes of registration on the Website and optimal use of the Application, a registration form shall be submitted to the User so that (s)he can communicate to the Publisher various personal details (such as, for illustrative purposes: email address, surname, first name, date of birth, telephone number, postal address, etc.) which are compulsory or optional as specified on the form.
With regard to this point and the processing of this personal data, the User/Member is invited to take note of the provisions of article 8 herein, and the confidentiality policy which appears on the Website.
By registering on the Website, each User guarantees that the communicated data is truthful, accurate and correct. (S)he undertakes to provide a valid email address and telephone number and shall ensure that (s)he is the sole owner of them.
The User also undertakes not to use any aliases or email addresses which could infringe the rights of third parties (including use of a surname, alias, trademark filed by a third party, or works protected by intellectual property law).
The Publisher reserves the right to reject any registration which does not satisfy the aforementioned requirements.
When registering, the User must enter a password with an adequate security level in accordance with the recommendations made on the Website.
After registering, each Member shall have a personal and confidential username and password which must not be communicated, or shared with third parties.
Each Member shall be solely responsible for the keeping and use of his/her identifying details by third parties and actions and/or statements undertaken/made through his/her Account, whether or not they are fraudulent. (S)he shall hold the Publisher harmless from any claims in this regard.
In addition, any connection to the Website via an Account and/or transmission of data/information performed while using an Account shall be deemed to have been performed by the Member who owns the Account and at his/her sole liability.
If his/her connections details are lost or misappropriated, the Member concerned undertakes to inform the Publisher, immediately and in writing, of the unauthorized use of his/her Account and to change his/her password.
In this regard, the User or Member waives the right to bring any claims against the Publisher, including on the basis of any infringement of his/her right to his/her image, honour or privacy resulting from dissemination or disclosure of information concerning him/her.
ARTICLE 5. USE OF THE WEBSITE
For the purposes hereof, all Members shall refrain from acting for personal, commercial or collective purposes, in order to harm the reputation and/or interests of the Publisher, by means of any kind of intrusion and/or fraudulent use whatsoever.
While using the Website, each User or Member undertakes to obey the following rules in particular:
- comply with current laws and respect the rights of third parties;
- do not disseminate inaccurate or fraudulent information and/or content;
- do not disseminate information and/or content which is contrary to other people’s rights or is defamatory, insulting, obscene, offensive, violent or encouraging of violence, political, racist or xenophobic and, in general, any content which is contrary to current laws and regulations and/or common decency;
- do not disseminate information and/or content which reduces, disorganizes or prevents normal use of the Website.
Users and Members shall refrain from:
- using the Website for any purpose other than the one for which it was originally intended;
- accessing or attempting to access the Website by any means other than those make available to them through the Website;
- using data mining systems, robots or any other similar method to collect and make use of data;
- checking, scanning or testing the vulnerability of the Website, its host or its network and/or breaching the security or authentication measures implemented by the Publisher;
- attempting to interfere with the Website, its host or its network, by methods including downloading computer viruses, overloading, flooding, spamming, mailbombing or crashing;
- downloading, posting online and/or transmitting in any way whatsoever information and/or documents which they do not have the right to download, post online and/or transmit, according to a law, regulation or contractual obligations, or which constitutes an infringement of a patent, trademark, drawing and model, database, manufacturing secret, copyright, right to privacy or a person’s image and/or any other right of ownership belonging to a third party, or in order to usurp ownership and/or the identity of an individual or legal entity.
If a Member breaches one or more of these rules, the Publisher reserves the right to close the Account(s) of the Member concerned as stipulated in article 6 herein, automatically delete the disputed messages and/or block his/her access to all or part of the Services, temporarily or permanently, without notice or compensation.
ARTICLE 6. SUSPENSION AND CLOSURE OF ACCOUNTS
Each Member can close his/her Account, at any time and without giving reasons, by making a request for closure by email to the following address: email@example.com
In addition, the Publisher can decide, unilaterally and without providing justification, to shut the Website down temporarily or permanently.
ARTICLE 7. INTELLECTUAL PROPERTY
Except where stipulated otherwise, the general structure of the Website, and the texts, graphics, images, photos, sounds and videos appearing on it, and more generally all content of which it is made up and the various support codes and algorithms, are the property of the Publisher or its partners.
The attention of Users and Members is drawn to the fact that some content of the Website may result from reuse of data and/or materials of third parties by the Publisher in accordance with the reuse instructions laid down by each of them.
Consequently, any representation and/or reproduction and/or commercial use of some or all of the content, methods and functionalities offered through the Website, directly or indirectly, by any User and/or Member, through any process whatsoever, without the Publisher’s prior written authorization is strictly prohibited and may constitute a counterfeit or an intellectual property rights infringement within the meaning of European and International agreements such as the World Intellectual Property Organization (“WIPO”) agreements and/or an infringement of the Publisher’s rights, or even an infringement of the rights of partners and/or third parties, which may entitle the latter to compensation among other things.
The “Cosmo Connected” trademark has been registered at the French National Institute of Industrial Property (“INPI”). Consequently, any representation and/or reproduction and/or use of part or all of this trademark, including the associated visual identity, of any kind whatsoever, is strictly prohibited.
In addition, all Users/Members, regardless of their capacity or activity, are forbidden to implement a mechanism which systematically references all or part of the contents of the Website (videos, news, etc.), including by means of deep hypertext links, for the purposes of offering, on any other website, service and/or application, referencing of the aforementioned content intended for the public for any purposes, including commercial purposes.
ARTICLE 8. PERSONAL DATA
When using the Website and the Services, Members enter personal details concerning them which enable them to benefit from the functionalities of the Website or are intended to optimize the use of the Application. In this regard, and in accordance with the applicable legislation, it is pointed out that filling in data fields which are marked by an asterisk is mandatory.
If the User does not fill in one or more mandatory data field(s), the Publisher will not be able to offer access to the Services. Consequently, the User will not be able to progress from one stage to another, or validate the registration form and access the Services of the Website.
If the User does not fill in the optional data fields, the User will be able to access the Services. (S)he will also be able to fill in, at any time, the optional data fields which were not filled in when creating his/her Account in order to personalize the Services as much as possible.
The processing of personal data that is performed for the purposes of creating an Account and the Services has been declared to the French National Data Protection Commission under no. 2087336 v0.
In accordance with Article 10 of Directive 95/46 EC, Users and Members are informed that the Publisher, who is also responsible for the processing of personal data collected through the Website, processes personal data which concerns them.
The information that is communicated by the User and the Member through the forms available on the Website is intended for the authorized staff of the Publisher for administrative and commercial management purposes.
The main aim of the processing of this data is thus to enable Members to access the Website and use it and the associated Services (including the Application). It can also enable us to send you newsletters and notifications, etc.
The Member is informed that for the purposes of using the Assistance Service, some pieces of information collected through the Application cannot be processed or distributed to the emergency services due to the applicable regulations. The Member therefore notes that this information will be stored on his/her terminal and will not be used or backed up.
The secondary purpose of this processing is to perform commercial prospecting. In this event, in addition to the recipients referred to above, authorized employees of commercial partners may also perform it.
The Publisher states that unless the Member’s Account is closed early, the collected information will be stored for up to five (5) years.
The Member agrees and authorizes the Publisher to send his/her personal data to any trusted third party, whether a legal entity or an individual, including for commercial purposes. It is expressly agreed that the emergency services are expressly regarded as trusted third parties.
The Member has a right of access and interrogation in relation to personal data which concerns him/her. (S)he also has the right to request that Personal Data which concerns him/her and is incorrect, incomplete, ambiguous or banned from being collected be amended, corrected, blocked or deleted. (S)he can also request that this data be supplemented or updated.
The Member also has the right to object to the processing of his/her Personal Data, on legitimate grounds, and the right to object to the use of this data for commercial prospecting purposes, at no cost to him/her.
To exercise his/her rights, the Member must give the Publisher notice of his/her request, enclosing a copy of his/her signed identity document, by post to the following address:
6, rue Duret
75116 PARIS - FRANCE
The Member must comply with the provisions of Directive 95/46 EC as amended and its related transposition into national law, breaches of which are punishable by criminal penalties. In particular, (s)he must refrain from any collection, any misuse and, in general, any act which may be detrimental to the privacy or reputation of persons.
The confidentiality policy which is adhered to by the Company is set out on the Website.
ARTICLE 9. COOKIES
The Member is informed that during his/her visits to the Website, information concerning his/her browsing may be collected and stored by means of cookies which may be installed on his/her terminal automatically.
Cookies are data stored in the terminal equipment of an Internet user which may be used by the Website to send information to the User’s or Member’s browser and which enables this browser to send information to the site of origin (such as a session identifier, the selection of a language or date, etc.). Cookies can also be used to store status information where a browser accesses the different pages of a website or where this browser subsequently returns to this website, and thus to optimize browsing.
While browsing the Website, you may come across different types of cookies:
The main purposes of the Publisher’s cookies are:
- to store variable and personalized data concerning a visitor to the Website;
- to memorize the various entries made in order to optimize services which will be of interest to the User or Member and to facilitate the completion of the various forms.
- tracking cookies;
- audience cookies;
- technical and functional cookies.
The main purposes of third-party cookies are:
- to distinguish between Users, sessions and new visits;
- to compile statistics analysing visits and anonymous browsing;
- to register the source of traffic or a campaign;
- to memorize the login and password in order to enable a Member who is already registered to connect;
- to personalize potential commercial offers;
- to make the connection of a User/Member to the Website secure, to memorize his/her usage preferences and to optimize browsing;
- to collect the display settings of a site in order to facilitate browsing.
This list is not exhaustive and may change as the Website changes.
The User can refuse to allow cookies to be installed on his/her computer terminal by configuring his/her browser in accordance with the procedure stated on the latter.
In this event, the use of the Website and access to the Services could be affected as a result.
ARTICLE 10. HYPTERTEXT LINKS
The Website can contain both simple and deep hypertext links to other sites on the Internet.
The Publisher cannot be held liable for the content of third-party sites to which a hypertext link relates.
Without the Publisher’s explicit prior authorization, it is forbidden to create a simple or deep hypertext link to the Website, failing which liability may be incurred.
ARTICLE 11. RULES ON INTERNET USE
The User declares that (s)he accepts the characteristics and limitations of the Internet, and acknowledges in particular that:
- the Publisher assumes no responsibility for services which can be accessed through the Internet and has no control whatsoever over the nature and characteristics of data which may pass through its server centre;
- data which circulates on the Internet is not protected from potential misuse, among other things. Any information which the User regards as sensitive or confidential shall be communicated at his/her risk and peril;
- the User shall be solely responsible for the use of data which (s)he consults, interrogates and transfers on the Internet;
- the User acknowledges that the Publisher has no means of controlling the content of services which are accessible on the Internet.
ARTICLE 12. PUBLISHER’S LIABILITY
The information and/or documents that appear(s) on the Website and/or can be accessed through this site come(s) from sources which are considered to be reliable. However, this/these information and/or documents may contain technical inaccuracies and typographical errors.
The Publisher reserves the right to correct them, when such errors are brought to its knowledge.
Checking the accuracy and relevance of information and/or documents made available to the User or Member is highly recommended.
Information and/or documents on the Website may be altered at any time, and may have been updated without notice.
Under no circumstances can the Publisher be held liable for any damage whatsoever resulting from the interpretation or use of information and/or documents available on the Website.
However, in view of the general interest attached to suppressing the justification of crimes against humanity, provocation to commit acts of terrorism and justification of them, incitement of racial hatred, hatred of persons because of their sex, their sexual orientation or identity or their disability and child pornography, incitement of violence against women, and affronts to human dignity, the Publisher undertakes, as soon as it becomes aware of them, to remove any text, photograph, video or material of any other nature whatsoever which is posted online on the Website by a member and is violent or pornographic in nature or may constitute a serious affront to human dignity.
The information and/or documents available on the Website shall be used at the entire and sole liability of the User or Member, who takes responsibility for all consequences that may result from such use, and the Publisher cannot be held liable for it.
ARTICLE 14. APPLICABLE LAW / DISPUTES
Unless otherwise required by applicable law, these provisions and any matters relating to them, including all disputes, will be governed by the laws of France and be settled in the courts of Paris (France) or, if you are a consumer in the courts of the country where you reside.
Notwithstanding any provisions to the contrary, the consumer may not be deprived of the protection granted by the provisions of a Member State of the European Union pursuant to Directive 2011/83/EU of the European Parliament and of the Council of 25 October of 2011 on consumer rights amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, when the distance contract or off-premises contract is strictly related to the territory of that State. As such, the application of the law designated above may be waived in favor of the law of the country of the User in the conditions established by Regulation EC No 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I).
In the event of any controversy or dispute, the Parties shall attempt, promptly, in good faith and before any judicial action, to resolve it by alternative dispute resolution methods such as extra-judicial mediation and conciliation.
The Parties may agree to resolve their dispute in accordance with Directive 2013/11/UE of the European Parliament and of the Council of 21 may 2013 on alternative dispute resolution for Consumer disputes and the Regulation (EU) No 524/2013 of the European Parliament and of the council of 21 May 2013 on online dispute resolution for Consumer disputes.
The Online Dispute Resolution platform is available here.
ARTICLE 15. ENTRY INTO FORCE