CONDITIONS OF USE
Dated 27 May 2020
Use of the website published by OLYTHE implies unconditional acceptance of the following provisions by any User wishing to benefit from the Services delivered by the website. The most recent version is authoritative.
ARTICLE 1. Legal Identity
The website is published by OLYTHE, a simplified joint stock company with a share capital of €2,900,000.00, registered with the Aix-en-Provence Trade and Companies Register under number 791 392 236, having its registered office at 240 rue Louis de Broglie, les Méridiens, Bâtiment B, 13100 Aix-en-Provence, France, represented by Mr Guillaume NESA, its current President, sole owner of all intellectual property rights to the Application, which may also be referred to individually the “Party” or collectively with the User as the “Parties”;
Hereinafter referred to as “OLYTHE”,
Director of the publication : Guillaume NESA.
The website is hosted by Gandi.net.
ARTICLE 2. Definitions
The following terms, whether used in the singular or plural herein, shall always have the following definition:
Refers to the mobile iOS or Android application for testing and monitoring alcohol consumption called “OCIGO”, available via the “AppStore” and “PlayStore”, developed, published and hosted by OLYTHE, which holds exclusive ownership thereof. Use of the Application is effectively granted by OLYTHE to the User under these GTCU, in accordance with the User Licence described in Article 10 below;
Refers to the device connected by Bluetooth to the User’s Smartphone which communicates information to the Application, such as Device Status, measurement data and battery level. The User must specifically order the Device from OLYTHE. The operating instructions are provided with the Device;
- User Data: Refers to all the User’s Personal Data, as well as all data over which the User holds an intellectual property right, provided by the User in the context of the use of the Services provided;
- Personal Data: Refers to all types of information, data and content collected in the context of the use of the Services provided by the Application, which, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, make it possible to directly or indirectly nominate or identify a natural person;
Refers to all the services which OLYTHE provides to Users through the website, under these GTCU;
Refers to the natural person covered by a User Licence and authorized as such to access the website and thus benefit from the Services;
ARTICLE 3. User Acceptance – Disclaimer
These General Terms and Conditions of Use (hereinafter referred to as the “GTCU”) are expressly agreed and accepted by the User, who declares and acknowledges that they are fully aware of them.
In any event, should the User start to use any of the Services offered by the website, they shall be subject to these GTCU. The User is therefore deemed to have accepted all of the rules stipulated herein, as well as those that may be listed in any document available on the website, incorporated into these GTCU by reference and which govern their relationship with third parties and with OLYTHE.
These GTCU are enforceable throughout the duration of use of the website, and until new GTCUs supersede the present document.
As the Application can be made available to any other user via the “guest” mode, the User ensures that any guest users comply with these GTCU, and shall act as a guarantor for them in respect of OLYTHE.
ARTICLE 4. Changes
OLYTHE reserves the right to modify the present GTCU, according to the technical evolution of the website or its Services, or due to changes in legislation, at its sole discretion.
Generally speaking, the use of the Site by the User is always subject to the most recent version of the GTCU accessible to Users at the time of such use. It is the User’s responsibility to consult the GTCU accessible on the website as often as necessary.
ARTICLE 5. ACCESS TO THE SERVICE
Access to the website and Services is free and does not require the creation of a user account or profile.
OLYTHE cannot guarantee the compatibility of the website with all browsers, operating systems and smartphones.
Access to the website and Services also depends on the quality of the User’s hardware and internet network.
ARTICLE 6. General Description of Services
OLYTHE has designed a breathalyzer to measure the alcohol content in exhaled air.
The purpose of the website is therefore the technical and commercial presentation of the OCIGO Device.
In addition, the website allows you to contact OLYTHE to order or request information on the OCIGO Device via the contact forms provided for this purpose.
The Services are subject to change without the prior consent of the User.
The User acknowledges and accepts that their use of the Application is governed by the status of the Services and the features available at the time of use.
ARTICLE 7. Violation
Any violation of the present GTCU authorizes OLYTHE to initiate any legal or criminal proceedings in order to put an end to the said violation and to claim compensation for its prejudice.
ARTICLE 8. License to use the website
8.1 Scope of the rights granted
OLYTHE grants to the User (who accepts), for the duration of use of the Application, the non-exclusive, non-transferable and non-assignable right to use the website, within the strict limit of the Area of Use hereinafter defined, in the Territory, in strict compliance with the provisions set out herein (hereinafter the “Licence”).
The User expressly acknowledges that all rights relating to the website remain the exclusive property of OLYTHE.
The User may not sell, assign, publish, present or disclose these rights, or otherwise make them available to third parties by any means whatsoever.
8.2- Area of Use
This Licence is expressly limited to actions which are necessary to the use of the website by its Users.
8.3 Restrictions on Use
Use of the website published by OLYTHE and made available to Users is subject to the limitations described below.
This Licence is strictly personal and the User may not assign, transfer or delegate any rights or obligations that they hold under this Licence without OLYTHE’s prior written consent.
As an indication, OLYTHE prohibits any User from doing any of the following without its written authorization:
- Making any copy of all or part of the software solutions comprising the website;
- Permanently or temporarily reproducing the Application made available, in whole or in part, by any means and in any form, including when loading, displaying, running or storing the software;
- Practising reverse engineering, decompiling or disassembling the Application, computer program(s) or software solution(s);
- Modifying, altering, adapting or making any change of any kind whatsoever to the presentation and content of the Application, computer program(s) and software solution(s), trademark, trade name, logos etc. affixed to the Application, its presentation, and from removing the identification and ownership notices from the Application, including the names of contributors;
- Translating, adapting, arranging or modifying all or part of the Application, exporting it or merging it with other computer applications;
- Deleting or alter as they may appear on the presentations or in the content of the Application, computer program(s) and software solution(s);
- Renting the website;
- Publishing, without OLYTHE’s prior written consent, any performance or evaluation test or analysis relating to the website.
Once conceded, this Licence is granted for the duration of use of the User Account.
This Licence is expressly limited to the territories of the entire World.
ARTICLE 9. Equipment
The use and maintenance of any equipment required in order to access the website is the responsibility of the User, who will bear the costs thereof alone. OLYTHE shall not be liable for any damage to any equipment in connection with the use of the website.
ARTICLE 10. Personal Data
The collection of Personal Data and the computer processing to which they may possibly be subjected by OLYTHE is done in compliance with the laws and regulations in force and in particular the French Data Protection Act of 6 January 1978 as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter, the “Laws and Regulations in force”).
Your data is collected and processed during your use of the Services, and more specifically during :
- Visiting the www.olythe.io website;
Subscribing to the OLYTHE newsletter;
- The processing of requests,
- emails and complaints;
OLYTHE collects your Data directly from you, at your request and when using the Services.
When using the Services, OLYTHE collects the Data listed below:
- Activity and use of the Services: this Data is related to the analysis of the User’s activity on the Site or the Application, such as the type of content you consult, the content you publish, the frequency and duration of your activities, the data resulting from the analysis of the user’s profile;
- Technical information: this includes the type and name of your operating system, the mac address of your connecting device, the browser used and its version, the language used, the IP address; and
- Contact information: this is all the information transmitted via online forms and which helps OLYTHE to process requests.
The data that must be obligatorily filled in to benefit from the Services are indicated as such in the collection forms. If the User does not fill them in, he will not be able to access the Services.
The use of contact forms implies the collection of a certain number of personal data as defined by the Laws and Regulations in force from Users. These data may be used by OLYTHE in order to :
(i) allow access to the Services;
(ii) send the newsletter to Users and communicate with the User;
(iii) process all or part of the Services offered;
(iv) send information relating to the use of the Site, its updates, its evolutions, or other, by personal message to the User;
(v) to produce statistics;
(vi) to send any commercial offer, in particular promotions or exceptional offers, sales proposed by OLYTHE or its partners, to which the User expressly consents by accepting the General Conditions of Use when filling in the contact form;
(vii) to draw up statistics on traffic and on the use of the Services;
The Personal Data collected in this way are intended for :
- The services and persons authorized by OLYTHE;
- OLYTHE’s service providers;
Moreover, the data may be communicated to any authority legally entitled to know them, in particular in case of judicial requisition by judicial, police or administrative authorities.
These data may be used by OLYTHE throughout the duration of use of the Site and in the strict necessity of the purposes defined above and for the legal period of conservation and prescription.
As soon as an order is placed by the User, the processing of this personal data will be covered by the General Terms and Conditions of Sale applicable to this order.
In accordance with the Laws and Regulations in force, all Users have the right to access, modify, rectify, delete, and make portable the data concerning them, as well as the right to request the limitation or oppose the processing of such data.
The User may exercise these rights or ask any question relating to your Data and their processing by writing to the following address: firstname.lastname@example.org or by post to the following address: OLYTHE – 240 rue Louis de Broglie, les Méridiens, Bâtiment B, 13100 Aix-en-Provence, France.
ARTICLE 11. Cookies
When the User uses the Services, cookies may be automatically installed on his browser software and terminal. Cookies are blocks of data that are used to record information relating to navigation and use of the Services. OLYTHE uses the cookies listed below in order to analyze how the Services are used and to be able to provide personalized Services and improve the relevance of the information offered. OLYTHE also uses the cookies of the share buttons allowing to share content from the Services on other existing social networks.
- Technical / Strictly necessary cookies: These are cookies that are essential for the operation of the Application and the Site, they allow to navigate on the Application and the Site in a fluid manner and to use its functionalities. These cookies allow the User to identify himself (session cookies), to propose the right information and to personalize the experience.
- Statistical / Analytical Cookies (Google Analytics): These cookies make it possible to recognise and count the number of visitors and to see their browsing behaviour when they use the Application and the Site. This helps OLYTHE to improve the user experience, navigation and makes it easier to find what you are looking for.
- Performance Cookies: These cookies collect information about how the Services are used. They allow us to understand the interaction with OLYTHE, the possible causes of certain errors, and also allow us to test new features. This information is only used to improve the performance of the Services.
- Functional Cookies: These cookies allow you to activate specific features on Olythe in order to improve your user experience, such as remembering your choices and preferences (such as language) or retaining more complex information (such as localization).
- Security Cookies: OLYTHE uses these cookies to activate and support security features, but also to help detect malicious activity and violations of these Terms and Conditions of Use. With the exception of so-called “essential” cookies, the installation of these cookies requires the express consent of the User. In this respect, by continuing to browse the Site after having read the cookies banner, the User acknowledges having read and accepted the installation of the said cookies. Moreover, cookies can be deactivated at any time, individually or in totality by modifying the appropriate parameters of the du However, this could prevent the use of certain functionalities of the Services. The User can manage, disable or allow cookies by modifying the parameters of the Internet browser by consulting the links below:
- Internet Explorer: http://windows.microsoft.com/fr-fr/windows7/block-enable-or-allow-cookies
- Chrome: https://support.google.com/accounts/answer/61416?hl=fr
- Safari: https://support.apple.com/fr-fr/HT1677
- Mozilla: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- Opera: https://help.opera.com/latest/security-and-privacy/
ARTICLE 12. Security
In order to guarantee the security of your data, OLYTHE takes all useful precautions, be they physical, logical, administrative or organizational, with regard to the nature of the data and the risks presented by the various processing operations, to preserve the security of the data and prevent it from being distorted, damaged or accessed by unauthorized third parties.
To this end, OLYTHE uses an SSL encryption protocol for data transmission between the terminals and servers of our service providers and controls and manages access to information within OLYTHE.
ARTICLE 13. Intellectual Property
OLYTHE retains ownership of all intellectual property rights to the Application, and more generally all components reproduced or used on the Application are protected as intellectual property, including graphics, trademarks, logos, designs, text, slogans and multimedia content (the “Components”).
In particular, OLYTHE has registered designs with the European Union Intellectual Property Office (EUIPO) under the following numbers:
Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these Components, without the prior written consent of OLYTHE, is strictly prohibited.
The User acknowledges and accepts that access to the website and the computer program(s) and software solution(s) made available to it by OLYTHE shall not entail any transfer or concession of intellectual property rights (in particular trademark rights or copyright) or other rights for the benefit of the User.
Any breach of this clause may result in an infringement of copyright, trademark or other intellectual property rights that may expose the User to civil and/or criminal penalties.
The fact that OLYTHE does not initiate proceedings as soon as it becomes aware of these unauthorized uses does not constitute acceptance of the said uses or waiver of prosecution.
The User undertakes to inform OLYTHE without delay of any infringement of the latter’s intellectual property rights that they may become aware of.
ARTICLE 14. Applicable Law and Jurisdiction
These GTCU are subject to French law.
All disputes relating to these GTCU shall be brought to the attention of the materially and territorially competent court.