GENERAL INSTRUCTIONS FOR USE OF THE FLIPR APP

GENERAL INSTRUCTIONS FOR USE OF THE FLIPR APP

The use of the mobile application “FLIPR” implies full acceptance of these terms and conditions of use.

These conditions of use may be supplemented or modified at any time, the User is therefore invited to consult them regularly on the website: https://www.goflipr.com

1. LEGAL INFORMATION

Publisher: CTAC-TECH, a simplified joint-stock company with a capital of € 90000, whose head office is 425 rue Jean Rostand 31670 LABEGE, registered with the Trade and Companies Register of TOULOUSE under the number 819 808 049 00012, represented by Mr Sven FONTENY, President.

2. PREAMBLE

These general conditions of use constitute a legal agreement concluded between the User and the company CTAC-TECH, concerning the application “FLIPR” (hereinafter, “the Application”).

The User, by downloading and then accessing, has the ability to consult and organize the Information collected by the connected Object from which the Application works.

The User, by downloading and then accessing the Services and / or using them, expressly accepts the present conditions.

3. DEFINITIONS

“Application”: means the “FLIPR” application for smartphones, developed and provided by the Publisher, and accessible for download on the “App Store” and “Google Play” application platforms.

“User Account”: means the personal account of the User, in which he can access his personal data.

“Terms of Use” or “TOS” means these terms and conditions.

“Content”: refers to the data made available to the User via the “FLIPR” Application.

“Cookie”: refers to a small file of information deposited in a dedicated space of the hard disk of a terminal (here the mobile phone), during the consultation of an online content. Their purpose is to serve the proper functioning of the Application “FLIPR” and they require their acceptance by the User. 2

If the user’s mobile terminal browser is configured to reject them, the services may be inaccessible.

“Personal Data” means any information referring to an identified or identifiable natural person. An identifiable natural person may be identified, directly or indirectly, in particular by reference to a name, an online identifier, or elements specific to his physical, cultural or social identity.

“Publisher” or “Company” means the company CTAC-TECH as presented above.

“Services”: refers to all the services offered to the User via the “FLIPR” application.

“Site”: means the website designed, developed and operated by the company CTAC-TECH and whose url address is the following: https://www.goflipr.com

“Processing of personal data” means any set of operations that may or may not be performed using automated processes and applied to personal data, such as, but not limited to, collection, registration, organization, retention , consultation, use, communication by transmission, dissemination or any other form of provision.

“User” or “Customer”: means any natural person or emancipated, non-professional, validly registered on the application “FLIPR” after creating a User Account and using the Services.

4. ACCESS TO SERVICES

The App, available exclusively for mobile phones, is available for download on Android and IOS phones through the “Google Play” and “App Store” application platforms.

All software and hardware necessary for downloading the Application and all other related costs, including telecommunication costs, are the sole responsibility of the User. The User is solely responsible for the material used in the context of the use of the “FLIPR” Application.

The functionalities specific to the communication and management of the information collected and transmitted by the object connected to the Application use the Sigfox connected object network, a low-frequency network comparable to the GSM network. Use of this service does not imply any additional fees or subscription terms. Thanks to Sigfox, the User can be informed by FLIPR about the Measures relating to his swimming pool in all places, regardless of the distance to which he is located.

The User also has the option to use the Application via the Bluetooth system, but this only works within a radius of 8 meters around his swimming pool.

The User is solely responsible for the consequences of the use of the Application and the Services it offers, until the deactivation of his account. The Publisher reserves the right to suspend or delete the Account of a Malicious User in case of violation of these Terms and Conditions and / or the violation of legal and / or regulatory provisions. 3

To access the Services of the “FLIPR” Application, the user must create his personal account. This step requires the following information:

– E-mail address, password

– Last name First Name

– Telephone number

Once the User has completed the required personal information, the application proceeds to the connection and registration of the FLIPR connected object that the User has in his possession.

To benefit from the “FLIPR” services, the User must have purchased the FLIPR connected object as well as all the functionalities required for its use, provided for in the various “packs” offered by the Publisher. Information on this subject is available on the website: https://www.goflipr.com/functionalities

5. FEATURES OF THE APPLICATION

The application “FLIPR” allows the user to remotely control the information provided by the connected object connected to it and operating in the pool of the user.

The user is therefore always able to know if malfunctions are to be noted in the operation of his pool, while also being informed of specific measures to take in case of problems.

If the User is not able to react to an alert issued by the Application, he may use the Services to be reminded later of the actions to be taken.

The User is also able to consult, via the Application, the history of the previous analyzes, information concerning the weather and the UV index, as well as expertise and tips for optimal management of the pool.

For an optimal functioning of the Application, the User is invited to fill in the following data:

– the characteristics of its swimming pool (volume, type of filtration, etc …)

– the maintenance products he has by means of a scan of the product bar code.

On the basis of the information provided by the User and the measurements taken by the Connected Object, the Application provides the User with recommendations for the dosages of maintenance products to be added to the pool water. Example: “Add 220gr of pH +”

These recommendations for dosages of maintenance products to be added provided to the User using the data provided by the latter, can not engage the responsibility of the Editor in case of incorrect dosage. The User must validate these recommendations with regard to the instructions for use and use affixed to the packaging of its cleaning product.

For more information on the content of the “FLIPR” Application, visit the website: https://www.goflipr.com/functionalities

6. MODIFICATION OF THE APPLICATION

The Publisher reserves the right to make any changes and improvements to its Application that it deems necessary or useful and can not be held responsible for damages of any kind that may arise from this fact.

7. AVAILABILITY OF THE APPLICATION

The application is accessible to the User 24 hours a day, 7 days a week. The Publisher nevertheless reserves the right, without notice or compensation, to temporarily close access to it and will not be liable for any damages that may arise. thereby.

8. LIABILITY

It’s forbidden :

– use the Services in a manner that contravenes any applicable laws or regulations;

– Use the email address of a third party natural or legal person to create an account and use the Services of the Application;

– use the Services of the Site for commercial or professional purposes, for the benefit of third parties;

– To attempt to decompile, debase or pirate the Services and to circumvent or disable the encryption or security measures applied to the data transmitted, processed or stored.

The Publisher can not be held liable for any malfunctions of the Internet leading to failures in the administration, security, integrity or management of the services offered.

The connection of any person to the services is under the full responsibility of the User. It is the responsibility of any User to take appropriate measures to protect their own data and / or software stored on their computer equipment.

It is reminded by the Editor that the recommendations for dosages of cleaning products provided to the User using the data provided by the latter, can not engage its responsibility in case of incorrect dosage. The User must validate these recommendations with regard to the instructions for use and use affixed to the packaging of its cleaning product.

9. PRIVACY POLICY

As part of its business and products offered for sale, including FLIPR, CTAC-TECH collects data. This private data is grouped into 2 categories:

– Personal data: data that identify, directly or indirectly, a person, collected during the setting of the Application and / or when ordering on the website flipr.fr (or www.goflipr.com).

– Measurements: water quality data taken by the FLIPR connected object.

9.1. Protection of personal data according to the law

The collection and processing of Personal Data, made when the Customer uses the Services, is carried out in accordance with the law 78-17 of January 6, 1978 relating to data processing, files and freedoms, called “Data processing and Freedoms”. The processing of data has been declared to the CNIL (number: 1960430 V 0).

In accordance with Articles 38, 39 and 40 of Law No. 78-17 of January 6, 1978, the User has the right to access, rectify, modify and oppose the data free of charge which concern it or which concern the deceased persons of which you are having them cause. If the User wishes to exercise this right, he may send a letter to the FLIPR user service at the address below:

SAS CTAC-TECH, 425 Jean Rostand Street 31670 LABEGE

This request can also be sent by e-mail to: contact@flipr.fr

CTAC-TECH will make every effort to respond to the Customer’s request, in compliance with the legal deadline.

9.2. Information collected by CTAC-TECH

Whenever the Customer interacts with CTAC-TECH on the Services, Personal Data and Measurements are collected, as well as other information, as further detailed below:

– Personal Data and information that you provide as a result of your registration on the Website, and / or when placing an order on the Website and / or when setting up the application. This Personal Data and information includes: the email address, surname, first name, delivery address, billing address, mobile phone number and / or fixed, type of treatment of the pool, type the number of swimming pool equipment / accessories and their names, the age of the swimming pool, the average number of users of the swimming pool, the disinfectant stock and / or other products maintenance, Smartphone operating system, serial number, place of purchase, pool size, year of construction, type of integration, brand of pool. Except as part of a product purchase order on the Website, CTAC-TECH does not collect any information related to the User’s credit card or any other financial information. The company also collects information when the Customer installs a Flipr Product, such as the location of the installation. CTAC-TECH may also collect Personal Data or Measurements by automated means used to monitor or operate the Services, such as, but not limited to, Product information, capabilities and applications, how it is used, the activities related to the Services, the IP address of CTAC-TECH.

the User, the browser, etc. CTAC-TECH also saves passwords. However, they are inaccessible and absolutely not usable by CTAC-TECH.

– Measurements collected by the connected box FLIPR: CTAC-TECH collects Measurements of the connected object placed in the Customer’s pool. The following are collected: the consumption of disinfectant and / or other cleaning products on the season, the average water temperature and in real time, the state of consumption of the cleaning products, the alkalinity rate. , the hardness rate, the conductivity rate, the PH rate, the chlorine or bromine content, the salt content, and the average use time of the pool over the year.

– Personal Data provided via other CTAC-TECH Services. For example, CTAC-TECH collects Personal Data when the user responds to a survey, registers to benefit from a promotional or special offer, or sends an e-mail message, participates in a forum or interacts with our articles on the blog.

In order to allow an optimal transmission of the information collected by the FLIPR connected object to the Smartphone application, the Publisher uses the geolocation system. However, the User has the option to disable this feature directly from his Terminal. The User remains informed that the deactivation of the geolocation system hampers the proper functioning of the FLIPR Application.

By voluntarily providing Personal Data and Measures, Customer consents that CTAC-TECH will use them in accordance with the terms of this Privacy Policy. If the user provides Personal Data and Measurements through the Services, he acknowledges and agrees that such Personal Data and Measures may be transferred from his location to the offices and servers of CTAC-TECH, and all other authorized third parties cited in Articles 9.3 and 9.4 of this document, all located in the European Union.

9.3. Use of Personal Data and other Information

It is recalled here that CTAC-TECH uses Personal Data and measures in accordance with this Privacy Policy.

CTAC-TECH uses the Customer’s Personal Data and Measures only for the purposes intended, including, but not limited to, the purposes described below:

– Implementation and monitoring of the Services: CTAC-TECH uses the Users’ Personal Data and the measures to allow access to the Services and the follow-up of use of these Services. As part of the Services, CTAC-TECH uses the Personal Data and User Measures to provide analysis and personalized advice. In accordance with French law, the User also has the possibility to keep, check and modify his Personal Data, Measures, or any other information on the Site or the Services. A simple request by e-mail is enough. This will be confirmed by return mail. The actions taken will be effective within 30 full days (legal period).

– Sharing with third party partners, distributors / resellers: within the framework of certain partnerships, CTAC-TECH is led to share Personal Data and Customer Measures with the reseller or distributor from whom FLIPR was purchased, or, as part of a FLIPR purchased on the Website, CTAC-TECH is required to transfer Personal Data and Measures to certain distributors and resellers. The distributor and / or the reseller undertake to use such personal data and these measures exclusively for commercial purposes, such as, for example, a non-exhaustive list, to anticipate his inventory management in the store, or to send the Customer a dedicated offer. Under no circumstances may the distributor or reseller resell the Customer’s data, which remains the property of CTAC-TECH. The Customer has the right to access, modify and delete this Personal Data and its Measures. A simple request by e-mail is enough. This will be confirmed by return mail. The actions taken will be effective within 30 full days (legal period). The Customer also has the right to suspend the transfer of his Personal Data and Measures. This suspension is done by the agreement of the general conditions of use requested to the Customer during the setting of the application, and also in the settings of the application (General heading> Use and Privacy). The suspension – or reactivation – of this transfer agreement will be effective within a maximum of 30 full days (statutory period). In case of suspension, the Customer acknowledges and agrees to waive all claims against CTAC-TECH, that it may concern the malfunction of certain features of the entire Product.

– Surveys, contests and other special offers. From time to time, CTAC-TECH offers its Users the opportunity to participate in surveys, contests and other special offers. If, on this occasion, the User provides Personal Data, this Personal Data will only be used for these purposes.

– Questions and requests. If the Internet user contacts by email or by any other means CTAC-TECH, the Personal Data mentioned will only serve to answer or solve the problem.

– Communication about Products, Services and Events: when the user registers with the CTAC-TECH Services, he accepts that CTAC-TECH may from time to time use the Personal Data in order to be contacted in the future and to be kept informed of Products, Services and events that may be of interest. These communications will be made with the possibility of declining participation at any time, upon request.

– Research and Data Analysis: in an effort to understand and respond to the needs of Users of its Site and Services, CTAC-TECH conducts regular research on the profile, interests and behavior of its users, as well as on measures produced by the Product. These searches are based on data, measurements and other anonymized information. This research can be gathered and analyzed as raw or aggregated data and CTAC-TECH can share this anonymous data with advertisers, researchers, business partners, publications or any other third party. These data will not identify the Customer and will not be considered as Personal Data.

– Improved Services: CTAC-TECH may use Personal Data, Measurements, Aggregate Personal Data or any other anonymous data collected through the Services to improve the content and functionality of the Services, and to better understand users. and to improve our Services.

9.4. Disclosure of Personal Data and Other Information

CTAC-TECH considers that Personal Data and privacy are central to the relationship with the Customer.

Some Personal Data and Measures may however, under certain circumstances, be shared with third parties and used by these third parties, without further notice, in the cases mentioned below:

– Transfer of businesses: As CTAC-TECH develops its business, purchases and sales of certain activities are likely. In the event of sale, merger, reorganization, dissolution or any other similar arrangement, the Personal Data and Measures may be part of the transferred assets.

– Internal operational functions of CTAC-TECH: CTAC-TECH, like many other companies, sometimes uses other companies to carry out certain internal operational functions, such as sending mail by post, maintaining the basics of data, auditing Services, etc. In case of recourse to a third party, only the information specifically necessary for their missions is provided; this information is only used for the internal needs of CTAC-TECH.

– Legal requirements: CTAC-TECH may disclose Personal Data if required by law or if it may believe in good faith that it is necessary to fulfill a legal obligation, protect or defend the rights or property of CTAC- TECH, to act in an emergency to defend the personal safety of users of the Site or the public, or to provide protection for legal liability.

– Third parties during the action or authorization of the Customer: if the Customer decides to share his Personal Data or Measures on other platforms than the Website or the Services, such as, but not limited to, the social networking sites, or to make the Personal Data or Measures available to all, other users as third parties, the Customer must be aware that such Personal Data or Measures may be used by any third party.

– Anonymized Personal Data: As already stated above, CTAC-TECH may share information relating to the Personal Data of the User, not taking the form of Personal Data. For example, CTAC-TECH may share aggregated, raw or anonymous data with advertisers, researchers, business partners, publications or any other third party.

9.5. Choice of the user

The Customer may use the Application without disclosing Personal Data. However, if the Customer decides not to disclose Personal Data, some areas of the Application may not be accessible or fully functional.

The Customer may decide not to communicate the Measures. In this case, the products and services of CTAC-TECH would become inaccessible and non-functional, the sending of the Measurements and their analysis being the basis of operation of most CTAC-TECH Products and Services. 9

The Customer has the choice to authorize or not to be contacted by CTAC-TECH, and / or by third parties offering their products, Services and / or events likely to be of interest. The Customer can control all these choices by accessing the ‘My Account’ section on the Site or ‘Use and Privacy’ on the application.

9.6. exclusions

This Privacy Policy does not apply to personal data collected by CTAC-TECH other than the Personal Data and Measures collected through the Site, Services and Products.

This Privacy Policy does not apply to unsolicited information that Customer provides to CTAC-TECH through the Site or by any other means. This includes, but is not limited to, information published in any of the public areas of the Site, such as product reviews and advisories, any new product or product modification ideas. existing and any other unsolicited information. All unsolicited information is considered not to be confidential and CTAC-TECH is free to reproduce, use, disclose and distribute such unsolicited information to third parties without limitation or attribution.

9.7. security

CTAC-TECH takes reasonable steps to protect the Customer’s Personal Data provided through the Site from loss, misuse, misuse, disclosure, alteration or destruction.

However, no transmission via the Internet or email is never completely protected or error-free. This can not guarantee the security of e-mails sent from the Site or to the Site. CTAC-TECH invites Users to be extremely cautious when sending information via e-mail or Internet transmissions.

CTAC-TECH recalls that the password of the User constitutes confidential information that is strongly discouraged to communicate, in order to avoid any risk of identity theft.

If the User receives a CTAC-TECH e-mail that appears to be fraudulent, the User must notify the Publisher by forwarding the mail to: XXX. CTAC-TECH will take appropriate measures for situations of fraud or identity theft.

If the User suspects that his Account has been spoofed, he must contact CTAC-TECH as soon as possible at the address contact@flipr.fr or via the telephone number 0531600502.

9.8. Cookies issued on the Application

When consulting the Site and the FLIPR Application, information relating to the browsing of the User’s smartphone may be saved in Cookies files installed on the User’s Terminal, subject to the choices that this one will have expressed concerning Cookies and that it can modify at any time.

When the User connects to the FLIPR Application, CTAC-TECH may be required, subject to the User’s choice, to install various cookies in the Terminal. Cookies issued by CTAC-TECH allow:

– to establish statistics and volumes of use and use of the various components of the FLIPR Application (sections and contents visited, routes), allowing the Publisher to improve the interest and the ergonomics of its Services;

– to adapt the presentation of the Applications to the display preferences of the User’s Terminal (language used, display resolution, operating system used, etc.) during his visits, according to the hardware and software visualization or reading that the Terminal includes;

– to memorize information relating to a form that the User has filled in on the Application (registration or access to your account) or to products, services or information that he has chosen on the Application (service subscribed, content of the a shopping cart, etc.);

– to allow the User to access the reserved and personal areas of the Application, such as his Account, through identifiers or data provided in advance;

– to implement security measures, for example when the User is asked to connect again to a content or a service after a certain period of time.

The registration of a cookie in a Terminal is essentially subordinate to the will of the user of the Terminal, that he can express and modify at any time and free of charge through the choices offered to him by his browser software.

If the User accepts the recording of cookies in his Terminal, cookies embedded in the pages and contents he has consulted may be stored temporarily in a dedicated area of ​​his Terminal. They will be read only by their issuer.

If the User refuses the registration of cookies in his Terminal, or if he deletes those registered there, the User will no longer be able to benefit from a number of features that are necessary to navigate certain areas of the FLIPR application. This would be the case if the User tries to access the content or services that need to identify themselves.

Where applicable, CTAC-TECH declines any responsibility for the consequences related to the degraded operation of its services resulting from the impossibility of registering or consulting the cookies necessary for their operation and that the User would have refused or deleted. 11

9.9. Change of Privacy Policy of CTAC-TECH

The Site, the Services and the activities of CTAC-TECH may evolve. As a result, it may be necessary for CTAC-TECH to make changes to its Privacy Policy. CTAC-TECH reserves the right to update or modify this Privacy Policy at any time without notice. CTAC-TECH invites Customers to visit and read this Privacy Policy on a regular basis, especially before providing Personal Data or Measures. Continuing to use the Site, after modification or revision of its Privacy Policy, constitutes acceptance of said changes.

10. INTELLECTUAL PROPERTY

The “FLIPR” Application and all rights attached thereto are the exclusive property of the Publisher, which includes both the structure and content of the Application.

In particular, the software and other functionalities allowing the realization of the Measures provided to the User are the object of an exclusive right of intellectual property, for the benefit of the Publisher. As such, the User only has a license to use, on all the features made available in the FLIPR Application.

The User expressly undertakes that the use of the Application does not in any way affect the rights of the Publisher, and in particular that such use does not constitute an infringement, or unfair or parasitic competition of information.

11. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These Terms of Use are governed by French law. In this case, unless otherwise provided by public policy, any dispute will be submitted to the competent court.

However, in the event of a dispute between the User and the Publisher, the User may resort to alternative methods of dispute resolution, such as conciliation or conventional mediation, defined in French law by Articles 1528 et seq. Of the Code. civil procedure.