TERMS AND CONDITIONS
The ‘FamiNum’ application is the property of TRALALERE – SAS with capital of €251,000 located at 4, rue de Braque in Paris 03.
The publication manager is Deborah Elalouf.
Contact the publication manager: faminum@tralalere.com
The Webmaster is: Vincent Fauche
Contact the Webmaster: webmaster@tralalere.com
Hosting provider: Cloud Infinity 32 boulevard de Vaugirard 75015 Paris France.
DEFINITIONS
OWNER: Tralalere, the company that created the application
SOFTWARE: the application made available in the Store
USER: The person downloading and using the SOFTWARE
SERVICES: Services provided by Tralalere to Users of the application
TERMS AND CONDITIONS
The OWNER has developed an application offering a guided, customizable and engaging family experience to guide the use of digital technology in the home.
The SOFTWARE is available under the terms and conditions described below.
The purpose of these terms and conditions is to specify the conditions under which the OWNER grants the USER a right to use the SOFTWARE and/or the associated SERVICES.
By downloading the SOFTWARE, it is understood that the USER tacitly accepts the terms of this contract.
The OWNER grants the USER a personal and non-exclusive right to use the SOFTWARE for their own needs.
By downloading the SOFTWARE and/or services, the USER expressly accepts to be bound by the terms and conditions of this agreement.
ARTICLE 1 – LICENSE OF USE
Downloading the SOFTWARE gives the USER a non-exclusive, private and/or collective right to use it.
Use of the SOFTWARE by the USER implies unreserved acceptance of these Terms and Conditions.
This use of the SOFTWARE may only be made free of charge and must be in pursuit of educational objectives. Any commercial use of the SOFTWARE and its contents is strictly prohibited.
All of the content published in the SOFTWARE, including but not limited to texts, photographs, illustrations, graphics, computer graphics, maps, videograms, music, icons and software, hereinafter referred to as ‘the Content’, may constitute works within the meaning of article L.112-1 et seq. of the French Intellectual Property Code or content protected by rights related to copyright within the meaning of article L.211-1 et seq. of the French Intellectual Property Code.
Pursuant to Article L. 122-4 of the French Intellectual Property Code, any representation or reproduction in whole or in part without the consent of the author or their successors or assigns is unlawful. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
The OWNER also recalls that infringement of copyright is an offence punishable in France by three years’ imprisonment and a fine of 300,000 euros.
Similarly, the French Intellectual Property Code punishes by three years’ imprisonment and a fine of 300,000 euros any fixation, reproduction, communication or making available to the public, whether in return for payment or free of charge, or any broadcast of a performance, phonogram, videogram or a program, without the authorization, where required, of the rights' holder.
The USER therefore undertakes to:
not reproduce the downloaded Content on any medium, including print and digital media, provided that said copies of the Content are strictly limited to personal or collective educational use;
not represent, distribute or network, in any form or by any means, the Content outside the SOFTWARE;
not adapt, modify, move, alter or remove the Content outside the Content aggregation, modification and customization services offered by the SOFTWARE itself;
not alter, modify, move, remove or replace the names of the OWNER of the SOFTWARE and/or the authors of the Content or their successors and/or any other information relating to the rights of the publishers and/or the authors of the Content or their successors.
ARTICLE 2 – PROTECTION OF PERSONAL DATA (GDPR and Data Protection Act)
In accordance with the provisions of the French Data Protection Act of 6 January 1978, the USER is hereby informed that the OWNER automatically processes their personal data, in particular when they log on to their account.
The personal information that the USER provides in the SOFTWARE may only be used by the OWNER.
The processing of the USER’s data may give rise to the exercise of the USER’s right of access, rectification and deletion, as well as a right to object on legitimate grounds, by contacting the OWNER by e-mail at: dpo@tralalere.com
The OWNER collects and uses the USER’s personal information in order to simplify access to their services. The personal data that the USER provides to the OWNER is not transmitted to third parties outside the company.
In accordance with the European privacy law that came into force on 25/05/2018, General Data Protection Regulation (GDPR):
The data collected is stored securely and will be systematically destroyed 1 year to the day after the date of the last connection, as this is a non-commercial contact.
This includes the following data: Surname, first name, email address, date of birth, gender, number of family members, answers to questions, favorites, sorting filters.
The USER also has the right to delete this data completely and immediately, and can do so on their own directly in the SOFTWARE via the ‘Delete my account’ button on the ‘MY PROFILE’ page
Your rights regarding your personal data
You may access and obtain a copy of your personal data, object to its processing, have it corrected or deleted. You also have the right to limit the processing of your data.
Understanding your data protection and privacy rights
Exercising your rights
TRALALERE’s Data Protection Officer (DPO) is your contact for any request to exercise your rights in relation to this processing.
Contact the DPO by email: dpo@tralalere.com
Contact the DPO by post:
Data Protection Officer
TRALALERE
4 rue de Braque
75003 Paris
Complaints to the CNIL
If, after contacting us, you feel that your rights with regard to your data have not been respected, you may submit a complaint to the CNIL.
ARTICLE 4 – LIMITATION OF LIABILITY
The USER shall be solely liable for any direct or indirect, material or immaterial damage or loss if it is caused by, based on or arising from the use of the SOFTWARE by the USER or any person authorized by the USER to use the SOFTWARE. By use, we mean any use of the SOFTWARE whatsoever, whether fraudulent or not.
In this respect, the USER waives any claim or legal action relating to such damages, on the basis of the contractual liability of the OWNER of the SOFTWARE or on any other basis.
Minors are allowed to access the SOFTWARE, on the express condition that they have received prior consent from their parents (or the person exercising parental authority) to do so and to provide the information and e-mail addresses to which any communication may be sent. The fact that they register implies that they have obtained this prior consent, which is expressly required in the SOFTWARE at the time of registration.
The OWNER of the SOFTWARE reserves the right to request written proof of this at any time, and to carry out any checks, as well as to delete any personal account held by minors who fail to provide said proof within five (5) days of the request, or within any other time limit set by the OWNER. The OWNER of the SOFTWARE will immediately delete any personal account upon receipt of a parental request to close the personal account and delete the related content.
The OWNER of the SOFTWARE agrees to make its best efforts to ensure secure access, consultation and use of the SOFTWARE.
Consequently, the OWNER of the SOFTWARE cannot be held liable in the following cases:
Operating difficulties or temporary interruption of these services beyond the control of the OWNER of the SOFTWARE, in particular in the event of interruption of electricity or telecommunications services;
Temporary interruptions to services required for upgrades or maintenance;
Failure or malfunction in the transmission of messages or documents.
ARTICLE 5 – APPLICATION OF FRENCH LAW
The rules applicable to the use of the SOFTWARE and to all the Content and information it contains are governed by French law. Any dispute is subject to the exclusive jurisdiction of the French courts.