Stay Fresh In Paris respects the privacy of all its users, and the team being it is committed to protect your personal data.
For this purpose, we have drafted this privacy policy to enable you to gain a better understanding of the data processing in relation with your usage of the application, that will collect, use, disclose (only anonymously to those needed) personal data obtained in connection with this service.
Stay Fresh In Paris does not require you to log in nor create an account to register. This service is free and
provided without counterpart based on a sharing of personal data.
This service only uses the information that you will provide, that is limited to the addresses that you
enter in the application and your GPS location, when authorised and in transit, and the necessary logs and
IP data to deliver the service from a technical side.
The necessary data processing related to this service is based on your consent, that you can withdraw at any
time, just by closing the application.
The purpose of the collection and processing carried out solely to allow the service to function.
The personal data collected will be processed by Expleo and its subprocessors in Europe, on secured servers
and under the appropriate legal mechanisms to ensure confidentiality and compliance.
The data is only kept by the service for the time necessary to process the request and help you navigate
while the application is activated. At the end of the process, when the application is closed, all data are
automatically deleted.
The service is edited by EXPLEO Group - 3 Avenue des Prés 78180 Montigny le Bretonneux.
Only statistic data are shared between the Creation Team for research purposes, and nothing is sold nor
shared externally, except for technical purpose.
For technical purposes, your IP address and the Adress will be shared with external API, that will not have
access to further data about you, and will only use it to provide the results:
Finally, each user has the right to lodge a complaint to its country’s personal data supervisory authority.
BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU: (A) HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) ACCEPT AND AGREE TO BE BOUND BY ITS TERMS, ON BEHALF OF YOURSELF AND, IF APPLICABLE, ANY CORPORATION, ORGANIZATION OR OTHER LEGAL ENTITY ON WHOSE BEHALF YOU ARE ACTINF; (C) REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE TO USE OR ACCESS THE SERVICE AND TO ENTER INTO THIS AGREEMENT; AND (D) HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/INSTALL/USE THE APPLICATION.
Definitions. For the purposes of these Terms and Conditions, terms starting with a capital letter have meanings defined under the following conditions, whether they appear in the singular or in plural:
Acknowledgement. These are the Terms and Conditions governing the use of the Application and the agreement that operated between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the access to and use of the Application. Your access to and use of the Application is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Application. By accessing or using the Application You agree to be bound by these terms and conditions. If You disagree with any part of these Terms and Conditions then You may not access the Application. YOU REPRESENT THAT YOU ARE OVER THE AGE OF 16. THE COMPANY DOES NOT PERMIT THOSE UNDER 16 TO USE THE APPLICATION.
License grant and Restrictions. Subject to Your strict compliance with these Terms and Conditions, the Company grants You a limited, non-exclusive, personal, revocable, non-transferable, non-sublicensable, free of charge license to:
To the extent You choose to access the Application, You do so at Your own initiative and agree to use the
Application only as permitted by these Terms and Conditions and any applicable law, regulation, or
additional policies, terms or guidelines the Company may make available.
You shall not, within the limits of the applicable law:
Reservation of rights. Intellectual Property. You acknowledge and agree that the Application is provided by the Company under license, and not sold, to You. You do not acquire any ownership interest in the Application under these Terms and Conditions, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms and Conditions. The Company reserves and shall retain its entire right, title, and interest in and to the Application, including copyrights, trade secrets, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to You in these Terms and Conditions.
Privacy. You are responsible and liable for all uses of the Application through access provided
by You,
directly or indirectly. Specifically, and without limiting the generality of the foregoing, You are
responsible and liable for all actions and failures to take action with respect to the Application by any
person or entity to whom You may provide access to or use of the Application.
Your access to and use of the Application is conditioned on Your acceptance of and compliance with Our
Privacy Policy, which can be found at: https://stayfreshin.com/. Our Privacy Policy describes Our policies and procedures on the
collection, use and disclosure of Your personal information when You use the Application and tells You about
Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our
Application.
Term and Termination. The term commences when you download the Application, or otherwise acknowledge Your acceptance, and will continue in effect until terminated by You or the Company as set forth in this section. You may terminate this Agreement by deleting this Application from Your Device. The Company may terminate or suspend Your access to or use of the Application, in whole or in part, immediately without prior notice to You, if the Company determines that:
“AS IS” and “AS AVAILABLE” DISCLAIMER. YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE
APPLICATION IS AT
YOUR SOLE RISK. THE APPLICATION IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", AND WITH ALL FAULTS AND
DEFECTS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
REGARDLESS OF THE COMPANY’ EFFORTS TO PROVIDE YOU WITH HIGH QUALITY AND SAFE SERVICES, THE COMPANY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OF IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING ANY: (A) WARRANTIES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS OR INFORMATIONAL CONTENT OF THE APPLICATION;
(C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D)
WARRANTIES FOR SERVICES RECEIVED OR ACCESSED THROUGH THE APPLICATION; (E) WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA OR ANY OTHER DATA
DISPLAYED BY THE APPLICATION; (F) WARRANTIES THAT YOUR USE OF THE APPLICATION WILL BE SECURE OR
UNINTERRUPTED; AND (G) WARRANTIES THAT ERRORS IN THE APPLICATION WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT THE SERVICE IS ONLY PROVIDING AGGREGATED CLIMATE DATA FROM VARIOUS SOURCES, THAT MAY
NOT REPRESENTS THE CURRENT TEMPERATURE NOR WIND CONDITIONS EXPERIENCED BY USERS. THIS SERVICE IS NOT
DESIGNATED TO PROVIDE AN EXACT STATUS REGARDING THE CONDITIONS EXPERIENCED ON SITE. THIS SERVICE IS NOT
INTENDED TO BE USED AS A HEALTH SERVICE.
YOU AGREE THAT (I) LOCATION DATA IS PROVIDED FOR BASIC NAVIGATIONAL AND PLANNING PURPOSES ONLY AND IS NOT
INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE ERRONEOUS,
INACCURATE, TIME-DELAYED OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR
ENVIRONMENTAL DAMAGE; AND (II) THE RESULT YOU RECEIVE FROM THE APPLICATION MAY VARY FROM ACTUAL ROAD,
TERRAIN, CYCLING OR PEDESTRIAN PATHS, OR OTHER CONDITIONS DUE TO FACTORS THAT CAN AFFECT THE ACCURACY OF THE
APPLICATION AND DATA THEREIN, SUCH AS, BUT NOT LIMITED TO, WEATHER, ROAD, TRAFFIC, AND PATH CONDITIONS, AND
GEOPOLITICAL EVENTS. FOR YOUR SAFETY, ALWAYS USE YOUR INDEPENDENT JUDGMENT AND PAY ATTENTION TO POSTED ROAD,
CYCLING, AND WALKWAY SIGNS AND CURRENT ROAD AND ROUTE CONDITIONS. FOLLOW SAFE PRACTICES AND TRAFFIC
REGULATIONS, AND BE AWARE THAT DIRECTIONS MAY NOT INCLUDE SIDEWALKS OR CYCLING/PEDESTRIAN PATHS.
Limitation of Liability. To the extent permitted by applicable law, the Company will not be held
liable for
any direct, indirect, incidental, special or consequential damages whatsoever (including, but not limited
to, damages for lost profits, lost data or other information, interruption of business, personal injury, or
any other pecuniary losses arising out of or in any way related to the use of or inability to use the
Application, third party software and/or third party hardware used with the Application, or otherwise in
connection with any provision of this Terms). The Company’ liability for losses and/or damages suffered by
means of the Application will be limited to the obligation to delete the content or material causing those
losses/damages within a reasonable amount of time.
For Yourself and anyone else claiming under You or on Your behalf, You agree to release and discharge the
Company, and each of its officers, employees and directors, and each third party beneficiary from all
claims, liabilities and losses in connection with the Application, including but not limited to, claims for
personal injury or property damages arising from the total or partial failure of performance of the
Application (including, but not limited to, lack of continuity, availability, reliability or usability of
the Application), even if caused by or based upon the Company’ negligence, gross negligence, strict products
liability, or the malfunction of the Application. Furthermore, there is the possibility that hackers may
gain access to the Application, altering the Application’s content and introducing damaging materials in the
Application (e.g., viruses, worms, corrupted files). In these cases, the Company will not be held liable in
any manner for damages, losses or modifications caused to You or third parties.
THE APPLICATION HAS NOT BEEN PROGRAMMED TO BE USED WHILE YOU ARE DRIVING. CONSEQUENTLY, YOU ACKNOWLEDGE THAT
THE COMPANY WILL NOT BE HELD LIABLE FOR ANY DAMAGES SUFFERED BY YOU OR THIRD PARTIES DUE TO WILLFUL
MISCONDUCT OR NEGLIGENCE ON YOUR PART, WHERE THE APPLICATION IS USED WHILE DRIVING, IN VIOLATION OF THIS
PROVISION.
Governing Law and Dispute Resolution. The laws of France, excluding its conflicts of law rules, shall govern this Terms and Your use of the Application, and regardless of Your location. the fullest extent permitted by applicable law, any legal suit, action or proceeding arising out of or related to these Terms and Conditions or the Application shall be instituted exclusively in the competent courts of France, except that the Company can also elect to bring proceedings against You in the courts for the place where You are domiciled.
Third-party materials. The Application may display, include, or make available data from third parties (referred to as “Third Party Materials”). The Company makes no representation that the Application or Third Party Materials are appropriate, accurate or available for use in any particular location. To the extent you choose to use or access Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, regulations, terms, or other requirements. You are prohibited from republishing, retransmitting, reproducing, or otherwise using any images accessed through “Stay In Fresh In Paris” as a stand-alone file. By using the Application, You agree that the Company is not responsible for examining or evaluating the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. The Company does not warrant or endorse and do not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties.
Miscellaneous.
Severability. If any provision of these Terms and Conditions is held to be unenforceable or
invalid, such
provision will be changed and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any
right or any
power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or
power hereunder preclude further exercise of that or any other right hereunder.
Amendments. The Company reserves the right, at its sole discretion, to modify or replace these
Terms and
Conditions at any time, without notice. What constitutes a material change will be determined at Our sole
discretion. By continuing to access or use the Application after those revisions become effective, You agree
to be bound by the revised terms. If You do not agree to new terms, in whole or in part, please stop using
the Application.
Assignment. You may not assign these Terms and Conditions or delegate any obligations hereunder,
in whole or
in part, without the Company’ prior written consent. Any such purported assignment or delegation by You
without the appropriate prior written consent will be null and void and of no force and effect.