2. THE SERVICES RELATED TO THE LOYALTY PROGRAM ARE ADDRESSED TO USERS OF AN AGE OF EIGHTEEN (16) OR ABOVE.REGISTRATION AND ACCOUNT
In order to access the loyalty program and/or some of our Services through our mobile applications or websites, you may be required to create an account with Us. It’s voluntarily to create an account and provide Us with the required information of personal data.
When creating your account with Us, you will have to complete the relevant registration process and you will be offered the following choices:
• create an account by using the references of the loyalty card already issued to you by Us (i.e., entering the code mentioned below the barcode of the loyalty card or scanning the barcode) and confirming your personal information (i.e., first and last names, birth date, address, postal code, gender, telephone number and email); or
• create an account by providing Us with the requested information (i.e., first and last names, email, birth date, address, postal code, gender and telephone number), and choosing a password; or
• create an account by using your Facebook, Google or Twitter account.
In any event, you agree to provide accurate and complete information to Us, as well as to update such information if necessary.
Once created, the account will be automatically linked and associated to the loyalty card that We could have issued to you before the account creation.
If you are not the holder of a loyalty card issued by Us at the time of your account creation, the creation of the account will automatically trigger the creation of a loyalty card with Us. You acknowledge that the loyalty program and card are personal and reserved for individuals for their own and non-professional use. They cannot be transferred and the loyalty card is in no way a payment card. You agree that We may freely modify, suspend or terminate the loyalty program at any time and for any reasons.
In order to access the account, if you have chosen to connect by using your Facebook, Google or Twitter account, you will be asked to log in with your password for Facebook, Google or Twitter. In all other cases, you will be asked to log in with your email and chosen password.
You agree to immediately notify Us at Lesquatretemps.firstname.lastname@example.org of any unauthorized use of your account to access the Services.
Please note that if you want to subscribe only to our loyalty program, without creating an account with Us for other Services offered through our mobile applications or websites or if you want to benefit from a physical loyalty card, please refer below to the specific provisions related to the loyalty card creation (“Specific provisions applicable to our Loyalty Program Service”).
3. EXTERNAL LINKS AND CONTENT
We may propose hypertext links from the Services, or from communication you receive from the Services, to third-party web sites or Internet sources. We do not control any of these web sites or Internet sources.
You expressly acknowledge that We are not in any case responsible or liable for any information, content, products, services or material available on third-party web sites or Internet sources, nor for any alleged or actual damages resulting from the access or use of such information, content, products, services or material available on third-party web sites or Internet sources.
4. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
If you use the Services, We will ask you to provide your personal data or information in order to provide the Services which require you to be authenticated and to manage and improve our commercial relationship. Some information is necessary for providing and managing the Services while other information allows Us to know you better and therefore to adapt our Services to your needs.
5. INTELLECTUAL PROPERTY
5.1 Our Content
The Services, which include any software used in connection with the Services, and all of their contents (including, but not limited, to texts, editorial content, database, page design, operating software, photos, images, graphics, videos, sounds, maps, logos, trademarks, information and any elements of all and every kind comprising the Services) (collectively “the Content”) are protected by applicable legislations on author’s right, copyrights, trademarks, service marks, patents or other proprietary rights and are owned, controlled or licensed by or to Us.
We grant you a personal, non-exclusive, worldwide, non-transferable, limited and revocable license to enter and use the Services only for personal use on any computer or mobile device, for the duration of the use by you of the Services.
Failure to comply with these provisions constitutes an infringement and may result in civil and/or criminal sanctions. We or our licensors reserve the right to take legal action against anyone who does not comply with these provisions.
5.2 Your Content
You may generate, post, upload, input, submit or make available through the Services information, texts, editorial content, photos, images, graphics, videos, sounds, messages, logos, trademarks and any materials of every kind that you submit, store or share while using the Services (collectively “Your Content”).
You retain the ownership and any other property rights you hold in Your Content. However, by generating, posting, uploading, inputting, submitting or making Your Content available through the Services, you agree to grant Us and our affiliated companies a worldwide, royalty-free, non-exclusive, sublicensable and transferrable license to use, reproduce, represent, publicly display, publish, adapt, reformat, exploit and translate Your Content in any medium and in connection to the Services to the extent permitted by applicable law. This license will last until the expiration of a one-year period following the closure of your account, whatever the reasons for such closure.
6. YOUR RESPONSIBILITIES
6.1 User Content and Conduct
Services functionalities allow you to share Your Content and information via the Services, including sharing information on social networks. However, you are and shall remain, in all circumstances, solely responsible and liable for the use of the Services and for all of Your Content.
You agree not to use any of Your Content or the Services for any unlawful or inappropriate purposes including, but not limited to :
• posting, providing, inputting, uploading, submitting or otherwise any of Your Content to the Services that is contrary to public order and morality, unlawful, threatening, stalking, harassing, violent, abusive, harmful to others, tortuous, defamatory, obscene, libellous, insulting, pornographic, invasive of another's privacy, hateful, or racially, ethnically, discriminatory or otherwise objectionable, or which promotes or encourages illegal activity;
• posting, providing, inputting, uploading, submitting or otherwise any of Your Content to the Services that infringes any laws or regulations or third party’s rights, including any copyright, trademark, trade secret, patent, intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
• posting, providing, inputting, uploading, submitting or otherwise any “spam”, marketing materials, unsolicited or unauthorized advertising, or any other form of solicitation via the Services;
• using any viruses, time bombs, cancelbots, malware, worms, malicious code, defects, Trojan horses, corrupted files or any other computer code, files or programs designed to disrupt, destroy, limit or impair the normal operation of the Services, servers or networks connected to the Services;
• harming or attempting to harm children in any way;
• creating fake identity for the purpose of misleading others;
• using technology, automated systems such as “bots”, “spiders”, or “crawlers” or other means to collect or access unauthorised content or non-public spaces;
• using any data mining, robots, or similar data gathering and extraction tools;
• attempting to test, probe or scan the vulnerability of any system or network connected to the Services or breach security or authentication measures;
• advertising or offering to sell or buy any goods or services for any business purpose.
We do not monitor Your Content placed on the Services. However, We reserve the right, but do not assume the obligation, to review Your Content and to remove or delete, at our sole discretion, any of Your Content that does not comply with these Terms or Use. We also do not monitor or restrict communications between users via the Services.
You expressly acknowledge that if you access the Services, you may receive or be exposed to content, goods or services that you may consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. To the extent permissible under applicable laws, you agree that We are not liable for any action with respect to any such content on the Services. However, if you identify any unlawful content, please notify Us at Lesquatretemps.email@example.com.
6.2 Your Liability
You are entirely responsible for maintaining the confidentiality of your passwords and account identifiers. We are not responsible for any consequences resulting from the use of your account by an unauthorized third party. You are also responsible for all activities that occur under your account. We encourage you to choose a strong password and regularly change your password in order to limit the risks of unauthorized access to your account.
You are and shall remain, in any circumstances, solely responsible for Your Content you transmit to the Services, your use of the Services and all activities undertaken under your account. Consequently, you are responsible for properly configuring or taking all appropriate measures to maintain appropriate security, protection and backup of Your Content, including your own data and/or software stored on your computer and/or mobile device against any attacks.
You understand and agree that you access, download or otherwise obtain information, material or data using the Services at your own discretion and risk and you are solely responsible for any damages to your computer system or loss of data that result from the download of such information, material or data.
You must provide all equipment (including computer, mobile device, etc.) to access and use the Services, in compliance with applicable laws and regulations, including but not limited to intellectual property rights laws.
7. OUR RESPONSIBILITIES
The Services provided by Us are for information purposes only. Although all reasonable efforts are provided to ensure that the Content of the Services is current accurate, complete, up-to-date, the Services are provided by Us on an "as available" basis without any warranties. You expressly agree that your use of the Services is at your sole risk.
To the full extent permitted by applicable law, We are not liable for (i) damage, loss or any consequences arising from any use of the Services or their Content, or for Your Content you may release on the Services, and (ii) to you for any indirect damages or losses, as well as any immaterial damages, damages for loss of profits, revenues, usage or data resulting from the use or operation of the Services.
You expressly acknowledge that (i) the Services are not error-free or free of virus, (ii) the connection to the Services implies the risks inherent to any connection and transmission on the Internet and mobile phone networks, in particular with respect to the data transfer speed, information query or consultation response time and technical performance, (iii) We have no control over third parties networks or websites you may access in the course of your use of the Services, (iv) We are not liable for any loss of data, failure to store, misdelivery or untimely delivery of any data or material through the Services, and (v) We disclaim all warranties, whether express or implied, including warranties of merchantable/satisfactory quality or fitness for purpose or need of the Content and the Services.
8. SPECIFIC PROVISIONS APPLICABLE TO OUR LOYALTY PROGRAM SERVICE AND PHYSICAL LOYALTY CARD
Our loyalty program is free of charge and allows you to benefit from offers, promotions and information related to our loyalty program as further described on our website.
In order to benefit from our loyalty program, you should create a specific account with Us as described below. If you want to benefit from a dematerialized version of the loyalty card and/or from other Services offered by Us through our mobile applications or websites, including the loyalty program, please refer above on the general provisions related to registration and account (“Registration and Account”).
Our loyalty program and the physical loyalty card are made available to you on request through one of the following options:
• at the shopping centre: (i) go directly to the reception of our shopping centre; (ii) complete the relevant form with the requested information; and (iii) the hostess will immediately establish and deliver you your personal loyalty card; or
• through our website: (i) visit our website and complete the registration form related to the loyalty program available on our website or use your Facebook, Google or Twitter account; (ii) an identifier will be assigned to you and sent by email; (iii) print the email and go with this email to the reception of the relevant shopping centre; and (iv) the hostess will immediately establish and deliver you your personal loyalty card.
Once created, if you decide to benefit from our other Services or from a dematerialized version of the loyalty card, please refer above on the general provisions related to registration and account (“Registration and Account”), in particular on the way to create an account by using the references of the loyalty card already issued to you by Us.
In any event, you agree to provide accurate and complete information to Us, as well as to update such information as often as necessary.
You acknowledge that the loyalty program and card are personal and reserved for individuals for their own and non-professional use. They cannot be transferred and the loyalty card is in no way a payment card. You are entirely responsible for maintaining the confidentiality of your passwords and account identifiers. We are not responsible for any consequences resulting from the use of your account by an unauthorized third party. You are also responsible for all activities that occur under your account. You agree to immediately notify Us at Lesquatretemps.firstname.lastname@example.org of any unauthorized use of your account to access the Services.
You agree that We may freely modify or suspend the loyalty program at any time and for any reasons.
The system embodied within the loyalty card is based on RFID (Radio Frequency Identification) technology. RFID consists in using electromagnetic fields to transfer data, for the purposes of automatically identifying and tracking tags attached to the loyalty card. However, if this process does not suit you, please use the dematerialized version of the loyalty card available via our mobile application.
. However, if this process does not suit you, please use the dematerialized version of the loyalty card available via our mobile application.
9. SPECIFIC PROVISIONS APPLICABLE TO GEOLOCATION
9.1 “Meet My Friends” Service
Through some of our mobile applications, We offer a Service named “Meet My Friends”. You can access this Service if you have created an account with Us and only through your mobile device. For further information on registration, please refer above on the general provisions related to registration and account (“Registration and Account”).
The “Meet My Friends” Service allows its users to share their location within our shopping centre with their friends who are also using the “Meet My Friends” Service. Thus, users can visit the shopping centre separately while knowing where their friends are and then meet up at a specific location or suggest a meeting place. In addition, you will also be able to locate through the “Meet My Friends” Service, from to time to time, some of our employees or suppliers, in charge of specific missions within the shopping centre (e.g., personal shopping assistants, chefs in charge of cooking classes).
In order to be located on the map, you will be required to activate the Bluetooth feature on your smartphone. If you only want to check out the map and your contacts’ location, the activation of the Bluetooth feature is not required.
The first time that you connect to the “Meet My Friends” Service, We will seek for your consent to enable the geolocation of your mobile device and the sharing of your geolocation data.
If you accept the geolocation of your mobile device and the sharing of your geolocation data, this will be effective immediately and for any further connections, except if you use the “visible/non visible” feature available directly on the map to modify temporarily your geolocation settings. You may also disable permanently geolocation in your profile settings at any time.
If you have used your Facebook, Google or Twitter account to create your account with Us, you will be able to locate your contacts on such social network who are also using the “Meet My Friends” Service and ask them to share their respective location.
. You can configure all the location-sharing rules through your accounts settings by choosing one of the following options:
• to be visible to all other users of the “Meet My Friends” Service; or
• to be visible to your contacts only; or
• not to be visible to any users of the “Meet My Friends” Service.
The confidentiality parameters that you have set up will be registered and applicable each time you use the mobile application. In addition, at any time, you will have a direct access to a “visible/invisible” option directly on the map in order to change temporarily the confidentiality settings for the duration of the current session.
You will not be able to share your location outside our shopping centre. The location option is activated by the beacons which are installed in the common areas of the shopping centre only.
Considering the above, you expressly agree that some features of the “Meet My Friends” Service are based on geolocation data, in particular the geographic position of your mobile device within our shopping centre.
Therefore, for the purpose of the provision of the Services, some features of the “Meet My Friends” Service may require that your geolocation data be transmitted to Us and these geolocation data be shared with all other users of the Services or only with your contacts depending on the way you have configured the Service.
9.2 Other Services
Subject to your prior consent, information related to your location within our shopping centre may be collected and processed by Us while you are authenticated on our mobile applications for the purposes of measuring the frequency and duration of your visits and your itineraries within our shopping centre. On the basis of such frequency, duration and itineraries, subject to your prior consent, We will grant you loyalty advantages and promotional materials.
The first time that you authenticate on our mobile application, We will seek for your consent to enable the geolocation of your mobile device. If you accept the geolocation of your mobile device, this will be effective immediately and for any further connections on our mobile application and for any further visits in our shopping centre. You may disable the geolocation of your mobile device at any time through your mobile settings.
10. ADDITIONAL SERVICES
We have developed the new services called Smart Park and In & Out in order to improve your experience when visiting our commercial centers.
When you log on to your user account in order to use the « Smart Park » service, We process personal data in order to enable to geolocate your car in the parking areas of our shopping centres. However, if you do not log on to your user account, no personal data will be processed.
When you want to benefit from the « In & Out » service, We process the personal data you provided us with when you created your user account. In particular, the licence plate enables to open automatically the parking barriers when you enter or leave our shopping centres.
In addition, we may process your personal data as a result of using « Smart Park » and « In & Out » services, to inform you of any new services that We could develop and which may be of interest for you.
The personal data is not shared with and/or made available to third parties or used for any other purposes than those abovementioned. As a result of Article 39 and following of the French Data Protection Act 78-17 dated 6 January 1978 and amended in 2004, you have the right to access, rectify or delete your personal data. You can exercise these rights by contacting the centre management at email@example.com.
14. APPLICABLE LAW AND JURISDICTION