LEGAL INFORMATION FOR THE WELLNESS COACH - MYHEALTH AND WELLNESS COACH - MYSLEEP APPS (version 1.5)
- GENERAL INFORMATION ON THE COMPANY:
In compliance with the French law No. 2004-575 of 21 June 2004 on confidence in the digital economy, we inform you that:
Wellness Coach - MyHealth and Wellness Coach - MySleep are apps published by Terraillon SAS, a simplified joint stock company with a capital of EUR 3,200,000
SIRET No. 796 080 455 00101
APE code 4669 C
Address: 1 Rue Ernest GOUIN – 78290 CROISSY SUR SEINE FRANCE
E-mail: serviceconsommateurs@terraillon.fr
Telephone number: 00 33 1 30 15 41 50
Customer service telephone number: 00 33 826 881 789
Versailles RCS No. B 796 080 455
VAT Identification number FR12 796 080 455
The publishing director is the legal representative for Terraillon SAS.
The Wellness Coach - MyHealth and Wellness Coach - MySleep apps (hereinafter "Wellness Coach - MyHealth and Wellness Coach - MySleep" or "the Apps") are governed by French law.
The Apps are hosted on the servers of Ecritel, a company which has its registered office at 19 rue Alphonse de Neuville, 75017 Paris, has a capital of EUR 2,325,000 and is registered with the Paris Trade and Companies Register under number RCS 332 484 021.
Visitors who have access to the Apps in foreign countries must ensure that they comply with locally applicable laws.
Given that the legal information may change at any time, please consult it periodically.
- TERMS AND CONDITIONS OF USE FOR THE APPS:
You may only use these Apps in compliance with these Terms and Conditions of Use and your use at all times must be for legal purposes only. In other words, in compliance with all laws, regulations and practices in force in France or the country from which you are accessing these Apps.
In particular, you agree:
- Not to publish, send or distribute any harmful, obscene, defamatory or unlawful information either on these Apps or from them;
- Not to use these Apps in any way that is likely to harm the rights of others;
- Not to use any software, routine or device to interfere with or attempt to interfere with the correct operation of these Apps, whether manually or electronically, by any means whatsoever;
- Not to damage, corrupt or change the graphics of these Apps or the underlying computer code;
- Not to obtain or try to obtain unauthorised access to any of our networks, by any means whatsoever.
Without prejudice to all its other rights (whether they are of legal or other origin), Terraillon reserves the right to terminate your access to these Apps if it considers (at its own discretion) that you have infringed the provisions of these Terms and Conditions of Use.
Terraillon reserves the right to improve or change the information, services, products and other aspects of these Apps or even to remove them, at any time whatsoever without prior notice. Terraillon also reserves the right to change these Terms and Conditions of Use at any time whatsoever. These changes apply immediately, as soon as they are implemented in the online Apps.
By continuing to access or use these Apps, you are thus considered to have accepted the changes to these Terms and Conditions of Use.
- PROPERTY RIGHTS AND INTELLECTUAL PROPERTY:
Terraillon holds, reserves and maintains all property rights, especially intellectual property rights, including reproduction rights, on Wellness Coach - MyHealth and Wellness Coach - MySleep and the features that they contain.
All patents, logos, text, layouts, visual interfaces, photographs, graphics, icons and any other characteristic features contained in the pages of these Apps are the exclusive property of Terraillon.
Under the French Law of 11 March 1957 on copyright and the Intellectual Property Code, any reproduction, representation or dissemination of the Apps, in whole or in part, by any means or on any media whatsoever, is strictly prohibited without the express prior written consent of Terraillon or its rightful owners or successors and may give rise to court proceedings, with the sole exceptions referred to in Article 122-5 of the Intellectual Property Code and, in particular, of personal, private, individual and non-transferable usage rights over the Apps in whole or in part.
- LIABILITY AND GUARANTEE EXCLUSION:
App content:
Although Terraillon does its best to supply reliable content, despite all care taken with drafting text and publishing photographs, it is still possible that some errors might appear in the information displayed by these Apps. In no case whatsoever is Terraillon liable for direct or indirect damages that might result from accessing these Apps or using the information they display (e.g.: errors, omissions, lack of access, data loss, defects, deletions or viruses that might affect the user's computer equipment). Accordingly, the user accepts and agrees to use this information under their sole responsibility and is encouraged to carry out any relevant checks.
Hypertext links:
Subject to the mandatory provisions set out in French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, Terraillon has no control over content on third party sites. Terraillon therefore officially accepts no responsibility for the content of linked sites. These links are provided to users of the Apps as a convenience. The decision to click on a link corresponds exclusively to users. Furthermore, we remind you that non-affiliated sites and apps are subject to their own terms and conditions of use.
- PRIVACY POLICY (APPS):
By using the Apps, you may provide personal data about yourself to Terraillon, in particular, when creating a user account or subscribing to the Wellness Coach Nutrition Programme service.
This policy details Terraillon's commitments to managing personal data about you collected through the apps (the "Policy"). By providing your data to us, you are consenting to our use of them under the terms of the Policy and for the purposes detailed below.
Terraillon will collect and use your personal data supplied on the Apps in full compliance with French and European data protection legislation, and, in particular, will strictly comply with French Data Protection Law No. 78-17 of 6 January 1978 and General Data Protection Regulation no. 2016/679 of 27 April 2016 (known as "GDPR").
5.1 - Nature of the data concerned:
"Personal data" refers to any data relating to an individual or allowing identification of an individual. This includes names, telephone numbers and postal and electronic addresses, in particular.
"Technical data" refers to any data that is not relating to an individual and necessary for the proper use of our applications with our products. This includes in particular the dates of activation of the Products, the battery level, the serial number of the Products, the WiFi network. Geolocation permissions and camera access are required for pairing the Products. To display the reception of SMS and incoming calls on our activity bracelets, it is necessary to authorize access to your contacts, your SMS and your calls. This latter information is not stored in our applications.
Because of the nature of the products marketed by Terraillon, you are also required to provide Personal Data about your well-being, which are needed for the correct operation and normal use of the Apps and the services provided.
5.2 - Uses and recipients of the collected data:
When using Terraillon Apps, you may be required to provide personal information about yourself, in particular, when you log into the Apps for the first time.
You guarantee that the data that you provide on the Apps is correct.
- Contractual uses of your data
The process of collecting your personal data is contractual in nature, and concluding the contract that authorises you to use the Apps or the services that you have subscribed to through them is conditional upon collecting these data. These data are only used as part of your contractual relationship with Terraillon and are limited to the data which are strictly required for the service provided.
These data are strictly reserved for Terraillon's internal use and will not be subject to any commercial use, transmission or transfer to anyone whatsoever for commercial purposes or canvassing.
The data collected may be sent, in whole or in part, to Terraillon's contractual partners and other data recipients, strictly as part of the process of delivering the relevant service.
Therefore, the bank details that you are required to provide are processed by Terraillon's banking partner. Terraillon does not keep any record of these data.
Fields where information must be entered are marked on the website by a * or a similar symbol.
When you interact with Terraillon through its products or the Apps, Terraillon may collect Personal Data and other information, as detailed below:
- Data collected when registering on the Apps:
Terraillon collects Personal and Technical Data when you set up an Account on the Apps.
Terraillon's banking partner does not collect information on bank card numbers or other financial information, apart from when you register for the premium offer (Slimming Coaching) on the Wellness Coach - MyHealth App. If you do this, your bank details are processed by the accounts department of the company CM-CIC. CM-CIC will collect and process your personal data in order to execute the order and will store them for the duration of the order.
- Data collected when using the products and the Apps:
When using one or more products, Terraillon collects data through the Wellness Coach - MyHealth Apps (data on weight, BMI, body composition for the connected scales, blood pressure and heart rate for the connected blood pressure monitor, activity data for the connected wristband, etc.) and the Wellness Coach - MySleep Apps (environment data for the Homni intelligent sleep system and sleep data for the sleep sensor).
These data are then saved on a secure protected server.
- Data collected when subscribing to and using the Wellness Coach Nutrition Programme service:
When subscribing to and using the Wellness Coach Nutrition Programme service, you are required to share personal data with a dietician, about your well-being in particular. These data are not provided to Terraillon and are processed in accordance with the statutory provisions that apply to state-qualified dieticians providing advice remotely.
- Additional uses of your data
Terraillon may also collect data that you provide when using the Apps or subscribing to services through the Apps, in order to:
- create a customer account,
- contact Terraillon's customer service,
- sign up to receive marketing communications.
In these scenarios, Terraillon requires your prior consent to process your personal data, which is not needed for executing the sales contract.
Furthermore, Terraillon processes Personal Data about you which are not needed for executing the sales contract between you and Terraillon, subject to your prior consent.
Processing these data is strictly required for the following purposes:
- providing assistance to customers, including services such as the guarantee and after-sales service;
- facilitating and processing your searches and requests for information on Terraillon and its products and services;
- providing you with the latest information on Terraillon products and services;
- sending you marketing messages, in order to find out your opinion on Terraillon products and services, and to organise events and other promotional offers, in particular
5.3- Data transfer
Terraillon will only provide your Personal Data to third parties if you have given your prior consent, or if Terraillon is required to do so, in compliance with the law or as part of court proceedings.
Terraillon may share, make available or send data to other Terraillon Group companies in Europe or outside Europe, on the understanding that these companies are directly linked to Terraillon through a capital link (subject to Terraillon maintaining the strictest compliance with applicable laws on commercial and intellectual data protection). Terraillon companies will only use your Personal Data for the purposes outlined below and will be subject to stringent policies and conditions for using and protecting Personal Data.
Should your data be transferred to Terraillon companies outside the European Union (EU), Terraillon will comply with the mandatory provisions of the GDPR and, in particular, has implemented the appropriate safeguards to protect the rights and freedoms of users, as well as their personal data in the countries where these companies are located.
Terraillon ensures that the country outside the EU where some companies receiving the data are located is subject to a European Commission adequacy decision and therefore has a suitable level of protection.
If there is no adequacy decision, Terraillon ensures that one or several of the following measures have been put in place with the recipient country outside the EU, which are needed to protect the transferred data sufficiently:
- European Commission standard contractual clauses (SCC);
- binding corporate rules (BCR);
- standard contractual clauses (adopted by the authorities, which are considered in line with the European Commission clause models);
- an approved code of conduct (including the legally-binding and enforceable commitment by recipients outside the EU to apply appropriate safeguards),
- an approved certification mechanism (including the legally-binding and enforceable commitment by recipients outside the EU to apply appropriate safeguards),
- an administrative arrangement or a legally-binding and enforceable text created to enable cooperation between public authorities (Memorandum of Understanding (known as a MOU or MMOU, international agreement etc.), subject to prior authorisation from the French Data Protection Authority (Commission National Informatique et Libertés - CNIL);
- ad hoc contractual clauses, subject to prior authorisation from the CNIL.
5.4- Data storage
The data will be stored for a period which is no longer than needed for the purposes for which they are collected and processed. If your account is inactive for 3 years, you will be contacted to find out whether you would like to keep your account. If you say that you would not, or if you do not respond, the account will be deactivated and your data will be deleted.
Furthermore, at any time, if you ask us to delete your account, we will do so as quickly as possible after receiving your request to delete personal data about you.
5.5- Default information:
In general, you cannot use the Apps without having downloaded them or having providing general personal information about yourself.
You can always visit our Terraillon website at https://www.terraillon.com without being required to provide personal data.
You must create an account to access the Apps' functions and services and the fields marked with an asterisk indicate that some basic data are occasionally required. Failing to fill in the corresponding entry fields may lead to Terraillon being unable to provide you with some access or services.
5.6- Security and privacy of collected data:
Terraillon has implemented regulatory physical, electronic and administrative protection measures to protect your Personal Data. These data are only accessible by a limited number of authorised people, for the purposes outlined above only.
5.7- Access rights to personal data:
Any personal information that you provide to Terraillon is subject to the provisions of French Data Protection Law No. 78-17 of 6 January 1978 regarding computer systems, files and freedoms and to General Data Protection Regulation No 2016/679 of 27 April 2016.
Therefore, you have a right to information and a right of access, correction and deletion over personal information about you. You may also, on legitimate grounds, object to personal data about you being processed, and exercise your rights to object to and restrict the processing, as well as a right to portability.
When the processing activity is based upon your consent, you may at any time withdraw your consent, on the same terms set out above. This has no effect on the legality of the processing based upon your consent that was carried out before you withdrew it.
To exercise your rights at any time, please contact:
By post:
Terraillon SAS 1 Rue Ernest Gouin CS 50001 78290 CROISSY SUR SEINE CEDEX
By e-mail:
serviceconsommateurs@terraillon.fr
The data controller is the legal representative for the company.
Should you experience any difficulties, you have the right to lodge any complaint with the CNIL.
- LIABILITY - TECHNICAL PROBLEMS
Terraillon cannot be held liable for difficulties in accessing the Apps or users being temporarily unable to access them due to disturbances in the telecommunications network or other technical difficulties.
However, Terraillon will, as far as possible, inform you of any changes or interruptions to services available on the Apps.
You download any material at your own risk. You are solely liable for any damage caused as a result of downloading it.
The Apps may contain links to other websites or apps not operated by Terraillon (for example, Facebook, YouTube etc.).
Terraillon will not be held liable (i) for providing these links and (ii) for the content on websites providing hypertext links to apps or on external websites to which the Apps provide a hypertext link.
You are expressly informed that the photographs and illustrations on the Apps are for your information only and Terraillon will not be liable for them in any way.
Version 1.3
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