APPLICATION FOR TOWN HALLS AND CITIZENS: GENERAL TERMS OF USE

The company specializes in providing IT services and developing IT programs and software.

As part of its activity, illiwap has developed software called "illiwap" intended to facilitate communication between Stations: communities, institutions, associations, companies or any other form of professional or non-professional organization and the Users of the Application. This software is licensed to said Stations.

To allow the connection of users (hereinafter the "Users") with the said Stations using the illiwap software, the illiwap company has developed a mobile application.

The purpose of these general terms of use (hereinafter the "T&Cs") is to determine the rules for using the Illiwap mobile application (hereinafter the "Application"), published by the company illiwap, a joint-stock company registered in the RCS of Saint-Etienne under number 883 419 400, whose registered office is located at 40 rue des Aciéries 42000 SAINT ETIENNE (hereinafter referred to as "illiwap" or the "Publisher").

The User is informed that access to the Application requires his/her prior and unreserved acceptance of these T&Cs. In this respect, s/he acknowledges having read these T&Cs when first using the Application and having accepted them expressly and without reservation; s/he also declares to be of legal age and legally responsible. The download and installation of the Application by the User on his/her phone imply acceptance of these T&Cs, without reservation, as defined above.

Any commercial use of the Application or its use for any purpose other than the use hereof is strictly prohibited.

Terms beginning with a capital letter in these T&Cs, whether used in the singular or plural form, will have the meaning given to them below: 

• Application: refers to the "Illiwap" mobile application, published and provided by illiwap, giving access to the Services, published and provided by illiwap, available for free download in the "App Store®” from Apple, the "Google Play®" from Google and the "App Gallery®" from Huawei. 
• Stations: refers to communities, institutions, associations, companies, or any other form of professional or non-professional organization, which communicates information to Users through the Application. These sources can be public or private.
• Device : refers to any device equipped with an IOS or Android operating systems such as smartphones or tablets. This Device must be able to connect to an internet, mobile or wifi network.
• T&Cs: refers to these general conditions of use of the Application which govern the conditions of access and use of the Application, as well as the rights and obligations of the Publisher and the User. 
• Content: designates the items including but not limited to the structure of the Application, the editorial content, the drawings, the illustrations, the images, the photographs, the graphic charters, the brands, the logos, the acronyms, the corporate names, audiovisual works, multimedia works, audiovisual content, audio and sound content, as well as any other content present within the Application and/or any other component of the Application. 
• Services : refers to the various functionalities and services offered by the Application and defined in article 2 below.

The Application allows the User to receive information or alerts transmitted by different Stations. The Application also allows the User to go back to the Stations that accept information. 

Mode of operation: the User can choose to follow the news of different Stations according to his/her centers of interest by scanning the QR Code of the Station which interests him/her via the scanner integrated in the application or by manually entering the name of it in the search bar of the application. 

The User can also consult the practical information of the Stations: telephone number, postal address, geographical location, email address, etc. in the “Practical information” tab on the page of each station.

Geolocalization: on the 1st launch of the Application, the User is offered to share his/her geolocation via a pop-up. However, s/he has the option of disabling this option later in the Application settings or those of his/her telephone if s/he does not wish to receive geolocalized alerts from authorized Stations.

If the User disables his/her geolocalization, certain services of the Application using the position of the smartphone to function will no longer be accessible. 

Notifications: on the 1st launch of the Application, the User is offered via a pop-up to receive notifications from the Stations s/he is following and geolocated alerts from authorized Stations in the event of the User's physical presence in the area concerned.

The User can manage the messages and notifications s/he receives via the tabs: "My Stations" and "Settings" of his/her Application or via the settings of his/her smartphone. From the “My Stations” tab of the application, the User can choose to follow or unfollow a Station, i.e. decide whether or not to receive its messages at any time. In the "settings" tab of the Application, the User can choose to disable his/her geolocalization in order to no longer receive geolocalized alerts from authorized Stations. The User can also disable his/her geolocalization and the receipt of notifications via the settings of his/her smartphone; thus s/he will no longer be informed when a message sent by the Stations to which s/he subscribes is sent or if s/he is physically in the area of​a geolocated alert sent by an authorized Station.

illiwap may at any time add new features to develop the Application. The User will be informed of this when the Application is opened via an information message.

To download the Application, the User must have a Mobile Device and access to the Internet network.

The Application can be downloaded free of charge from the “App Store ®”, “Google Play ®” and “App Gallery ®” platforms on the mobile devices defined in the FAQ on the Publisher's website: www.illiwap.com.

The User must have an adequate subscription with his/her mobile operator. The Application is also accessible via Wifi network.

The version of the Application software may be updated, which is acknowledged and accepted by the User. The Application Access Service is offered free of charge, excluding subscription costs with the mobile telephone operator and connection and Internet access costs.

The User agrees to: 

• Respect the recommendations of illiwap;
• Use the Application wisely and with reasonable care;
• Not to publish content (images, photographs, comments, etc.) or information that is illicit, insufficient, inaccurate or misleading, or even contrary to public order and morality or infringing the rights of third parties;
• Not to copy, sell, lend or rent, distribute, reproduce, exploit, present or display the content accessed by using the Application commercially or not;
• Respect the laws and regulations in force;
• Not to make commercial use of the Application and/or its contents. 

The User is informed that the Publisher may expressly cut off access to the Application in the event of publication of messages or ideas of a doubtful or illicit nature, such as (but not limited to) pedophilia, pornography, sex, sectarian affiliation or propaganda, racism, religious propaganda, incitement to hatred or terrorism by the User via the Application.

The Publisher undertakes to make its best efforts to ensure that the Application is accessible and operational at all times, subject to external limits, such as in particular access to the Internet network. As such, as the Publisher offers no guarantee of continuity of its Services, it is only bound by an obligation of means and not the result. The Service is provided "as is". The Publisher cannot guarantee that the Service will be uninterrupted or free from error or virus and does not provide any guarantee of any kind, express or implicit, particularly guarantees of quality or suitability for a particular use as to the availability and/or accuracy of data content. In particular, the Publisher cannot be held liable in the event of malfunction or lack of functioning of the Application resulting from the non-coverage or poor 3G/4G coverage or the absence or poor quality of the GPS signal. The operation of the Service is thus notably based on technologies developed and used by third parties towards whom illiwap has no means of intervention.

Furthermore, the Publisher reserves the right to temporarily interrupt accessibility to the Application for maintenance, correction and/or upgrading reasons. However, the Publisher undertakes to make its best efforts to limit the time of interruption as much as possible and to notify the User in advance. Thus, the User declares that s/he knows the Internet well and accepts its limits and constraints.

It is the property of the Publisher and subject to the laws governing intellectual property, in particular the layout, structure and graphic and textual elements of the Application. 

The use of the Application does not confer any rights on the Stations and/or Users other than the use of the Application as provided herein. 

Consequently, the Stations and the Users may not under any circumstances and in any way reproduce, represent, distribute, market, copy, translate, adapt, extract and/or decompile all or part of any of the elements reproduced on the Application and all or part of the Application in general, without the prior and express consent of the Publisher, except for the content/data of which they are the source. It is expressly understood that by posting content through the Application, the User acknowledges that said content is likely to be distributed to the Station and/or to all Users of the Application. 

The User thus grants to the Publisher the right to reproduce, modify, represent said content on the Application, for the whole world and for the entire duration of copyright protection, without any financial compensation, which the User expressly acknowledges. 

In addition, the User declares and guarantees to be the owner of the contents that s/he puts online and that they are free of all rights, or, at the very least, that s/he has the necessary rights for their distribution through the App.

As part of the use of this Application, the User may be required to transmit personal data concerning him/her. 

The Publisher attaches the greatest importance to the confidentiality of the information and personal data of the User. Its confidentiality policy was founded in compliance with the regulations and laws applicable to the protection of personal data, in particular the law "data-processing law and freedom” of 6 January 1978, the law of 6 August 2004 and in accordance with the European regulation No. 2016/679 of 14 April 2016 known as “GDPR”.

The User is informed that the Publisher has implemented the following personal data protection policy:

a) Collection of personal data - nature of the data collected

The personal data collected via the Application are as follows: 

As part of the use of the "reporting" functionality, the Application records the User's surname, first name, email address, telephone and the GPS position of his/her reporting. 

b) Purpose of personal data. 

The personal data collected from Users is intended to allow the Station to contact the User again after the report has been made, when necessary, in order to provide him/her with an answer or a request for clarification of his/her reporting. The GPS position of the reporting allows the Station to know precisely the location of the problem in order to respond to it efficiently and quickly. 

c) Sharing personal data with third parties

The User's personal data may be shared with third-party companies in the following cases:

• When the Publisher uses the services of third-party service providers to provide hosting services or for the use of technical solutions for the dissemination of indicators on illiwap premises. These service providers have limited access to the User's data, solely in the context of the performance of their services and have a contractual obligation to use them in accordance with the provisions of the regulations applicable to personal data protection;
• If required by law, the Publisher may transmit data to respond to complaints against the Application and to comply with administrative and legal procedures;
• If the Publisher is involved in a merger, acquisition, sale of assets or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, Users would be informed, before the personal data is transferred to a third party.

d) Storage time 

Personal data is kept for the exclusive purpose of reporting and only for the time necessary to fulfill the purposes mentioned above without being able to exceed 30 days, or to allow illiwap to meet its legal obligations. The data is automatically anonymized at the end of this 30-day period. 

e) Transfer of personal data 

The Publisher informs the User that no transfer of personal data has taken place to date. The data processed is hosted in France or in the European economic zone. In any case, the Publisher undertakes to comply with the legal provisions regarding the transfer of personal data abroad and undertakes in this respect to inform the User.

f) Security and confidentiality

The Publisher implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Application cannot guarantee the security of the transmission or storage of information on the Internet. 

Observance of the security and protection of your data is binding on all illiwap employees and service providers. This alertness is carried out: 

• Using cryptographic means in the transmission of data (SSL);
• Through a commitment to strict confidentiality of the Publisher's staff who would have access to personal data;
• By data backups.

g) Implementation of User rights 

In application of the regulations applicable to personal data, Users have the following rights:

• They can exercise their right of access to know the personal data concerning them by writing to the email address: contact@illiwap.com. In this case, before the implementation of this right, the Publisher may request proof of the User's identity in order to verify its accuracy;
• If the personal data held by the Publisher is inaccurate, they may request that the information be updated by writing to the email address contact@illiwap.com;
• They may request the deletion of their personal data in accordance with applicable data protection laws by writing to the email address contact@illiwap.com.

h) Evolution of the personal data protection policy 

The Publisher reserves the right to make any modification to this policy relating to the protection of personal data at any time. If a modification is made to this personal data protection policy, the Publisher undertakes to publish the new version on its Application. If the User does not agree with the terms of the new version of the Personal Data Protection Policy, s/he has the option of uninstalling the Application. 

i) Find out more 

To find out more about illiwap's personal data protection policy, the User can contact the Data Protection Officer at the following address: contact@illiwap.com. This address can only be used to exercise your rights.

The Application may contain hypertext links to third-party websites that are not governed by these T&Cs.

The Publisher has no control over the content of third-party websites referenced by hypertext links. These websites are published by third-party companies independent of the Publisher. 

The Publisher cannot therefore assume any responsibility for the content, advertising, products, services or any other information or data available on or from these sites. Consequently, the User acknowledges being solely responsible for the access and use of these sites. The Publisher cannot be held liable for any proven or alleged damage or loss resulting from or in connection with the use or the fact of having trusted the content, goods or services available on these sites.

The applicable T&Cs are those in force on the date of connection and use of the Application by the User. 

The Publisher reserves the right to modify all or part of the provisions of the T&Cs without notice or prior information to Users, at any time, in order to adapt them to changes in the service, to technical, legal or jurisprudential changes or when introducing new services. 

Any changes made by the Publisher to the T&Cs will be brought to the attention of Users by simple online release. They are deemed to have been accepted without reservation by any User who accesses the Application after said online release. The Publisher therefore invites all Users to regularly consult the T&Cs. 

Any new Service incorporating new techniques or new features improving the quality of existing Services will also be subject to these T&Cs, unless expressly provided otherwise.

These T&Cs are subject to French law. Any dispute or dispute relating to the execution or interpretation of these rules which cannot be settled amicably between the parties will be submitted to the competent courts.