PRIVACY POLICY FOR THE MOBILE APPLICATION “MY IN&BOX”

PRIVACY POLICY FOR THE MOBILE APPLICATION “MY IN&BOX”

privacy policy FOR THE MOBILE APPLICATION “MY IN&BOX”

Version as of February 25th, 2021

These General Terms and Conditions of Use (hereinafter referred to as the Terms) govern the use of the MY IN&BOX Application, which can be downloaded on Android or iOS devices and connected to an In&box.
The In&box refers to the airbag system detection device, sold (or made available) and presented on the my.inemotion.com website.

These Terms are made between the User – or where applicable, their legal representatives – and the company In&motion (hereinafter referred to as the Company) a simplified joint stock company with a capital of 36,291 euros, registered in the Annecy Trade and Companies Register under number 805 388 329, with headquarters at Parc Altaïs 178 route de Cran Gevrier 74650 Chavanod Annecy France.

Any use made for any reason whatsoever of the MY IN&BOX Application necessarily implies full and unreserved acceptance of these General Terms of Use (Terms).
Any use of the Application by a minor must be exercised under the control of their legal representative who accepts these Terms on their behalf.

Definitions

“Application” refers to the MY IN&BOX Mobile Application, the use of which is governed by these Terms, and which can be downloaded by the User via their tablet or smartphone directly from online mobile download platforms,

“User” refers to the person using the Application or, if applicable, their legal representative.

– “General Terms of Use” or “Terms” refers to this document and its possible appendices,

“In&box” refers to the airbag system detection device containing the sensors used to detect and control the inflation of the airbag in the event of a fall,

“Parties” refer to both the Company and the User,

“Company” refers to the company In&motion,

1. Introduction

In&motion develops and markets the In&box, which is integrated into compatible airbag products. The In&box is the detection device for detecting a fall in order to control airbag inflation. The In&box is only valid with the purchase of an airbag product compatible with the In&motion airbag system. For the technical aspects of the In&box, the User must refer to their user manual provided with the In&box – also available on the Company’s website – which contains all the technical and practical features of the In&box.

2. Purpose and Conditions of Use of the Application

2.1. Purpose of the Application

In&motion operates this Application which aims to allow Users access to their In&box dashboard as well as the settings of their In&motion user account.

To access the Application, the User must log in using the username and password chosen when creating their account on the site my.inemotion.com.

The Application will then allow the User to access several tabs:

– The In&box dashboard: to obtain information on inflator connection status, battery level, detection mode used (track, road), updates available, WIFI network configured, emergency call feature (for French and Belgium users only).
– The after-inflation procedure to guide the User after the airbag system has been activated.
– The referral allowing the User to share a promotional code in order to benefit from a specific offer
– User account settings to access the User’s account information, profile, and Application settings (logout…).

The Application detects the User’s In&box via Bluetooth, allowing connection and configuration:

– In&box pairing and activation: the first time it is used the User must pair the In&box to their In&motion account. They will be able to perform this procedure via the Application by logging into the user account and connecting the In&box to their smartphone or tablet.

– Connection: once paired, the Application will connect to the User’s In&box as soon as it is switched on to allow access to the dashboard.

– Configuration of the WIFI access point: the User has the possibility via the Application to configure the WIFI access point in the In&box so that it can download the latest available In&box updates.

– Update : the User can update his In&box directly from the mobile Application

– Detection mode switch: the User can, via the mobile Application, select the detection mode dedicated to his use (street mode, track mode)

– Emergency call: the User can through the mobile Application, activate the “Emergy call by Liberty Rider” feature (for French and Belgium users only)

In the event that a User has not created an In&motion account, a Guest Mode is available in the Application to access the Dashboard tab although connection to an In&box is impossible.

2.2. Purpose of the Terms

The purpose of these Terms is to establish the contractual provisions relating to the respective rights and obligations of the Parties in connection with the use of the Application.

2.3. Terms and Conditions of Use

The use of all the functionalities of the MY IN&BOX Application is free and reserved only for Users who have previously purchased or leased an In&box.

The Application is directly connected to the In&box via Bluetooth.

3. Emergency Call by Liberty Rider

This Emergency Call feature is proposed by In&motion in partnership with Liberty Rider.

Liberty Rider is a simplified joint stock company, registered in the Toulouse Trade and Companies Register under number 821070489, whose head office is located at 5 esplanade Compans Caffarelli – Bâtiment A – CS 57130-31071 Toulouse CEDEX 7 (hereafter “Liberty Rider”).
Liberty Rider can be contacted at the following coordinates: contact@liberty-rider.com

3.1 How does it work?

The “Liberty Rider emergency call” feature allows the In&motion Application to alert the emergency services in the event of inflation of the In&motion airbag system.

If the In&box orders the triggering of the airbag system, the Application initially triggers an alarm. The Application makes the phone ring and vibrate for 2 minutes. During this period, the User has the possibility of deactivating the alert mode manually by clicking on the “I’m fine” button, if the situation does not justify Liberty Rider to alert the emergency services.

If the User has not deactivated the alert at the end of the aforementioned period, he acknowledges and accepts that Liberty Rider initiates the emergency procedure through his subcontractor specializing in handling calls. emergency and connected services related to security.

3.2 How to activate it?

If you have subscribed to the Revolution plan, this feature is automatically included in your membership for free.
If you have subscribed to the Regular plan, this feature is a paid option to which you can subscribe at the time of subscription or from your user area.

Once the option is purchased or included, the functionality will appear on the dashboard of the “My In&box” mobile application.
Please note, in order to obtain this functionality, you must update your In&box to software version 5.4.0 and update your mobile application with the latest version available on Google PlayStore or Apple Store.

In order to activate the feature, the user must follow the following procedure:
– Click on the “Emergency call” tab
– Enter the rider’s phone number: be careful, this number will be called by the emergency system in the event of an accident. It must be a mobile phone number, French or Belgian and corresponding to the mobile phone number of the biker (i.e. the one on which the “My In&box” application is installed and that the biker carries with him during his trips)
– Authorize authorization requests from the mobile application: bluetooth, location

The “Liberty Rider emergency call” feature can be deactivated at any time by simply clicking on the corresponding tab. In this case, the call for help will not work in the event of an accident.

The “Liberty Rider Emergency Call” feature only works in street detection mode. It will therefore not be active for any other detection mode.

3.3 Authorizations to be granted and elements to be taken into account

This feature will be able to start automatically provided that the location is ‘always authorized’ and that the energy saving mode is deactivated.
The User therefore does not need to launch the “My In&box” mobile application for each trip.

The User acknowledges that this service is only available to Users resident in France, including the following Overseas Collectivities Guadeloupe, Martinique, Guyana, Reunion Island and Mayotte as well as in Belgium. Users residing in the aforementioned countries may use the service in the following countries: France & DOM TOM, Portugal, Spain, Italy, Austria, Germany, Luxembourg, Belgium, the Netherlands and Switzerland.

However, the User should check the following items so that the “Liberty Rider Emergency Call” can work and trigger the call for help in the event of an accident:

• Update the In & box and the “My In&box” mobile application with the latest version available
• Always allow the “My In&box” application to access the position of your device
• Do not turn off the phone’s Bluetooth
• Do not deactivate the location of your phone for the “My In&box” application
• Do not disable the use of data
• Do not activate energy saving mode on your phone
• Do not ride in a country not covered by the Liberty Rider functionality
• Do not drive in any detection mode other than street mode
• Do not have a too low battery on your In&box and / or your phone before setting off
• Do not log out of your user account on the My In&box application
• Keep your phone close to your In&box during the journey
• It is necessary to have a telephone network and an Internet network for the emergency alert to work

In order to ensure the functioning of the Application, the “My In&box” Application must be able to access the continuous location of the User.
This continuous location authorization allows iOS and Android systems to retrieve the position during the emergency call process and thus alert Liberty Rider services to manage the call for help via their support platform.
In the event that the authorization is less than the recommended authorization, the Application may not be able to function correctly and In&motion cannot be held liable.
To authorize continuous location, the User must take the necessary steps on his mobile phone.

4. Acceptance of the Terms

The use of the Application implies the acceptance of these Terms. Also, the User undertakes to read these Terms carefully when accessing the Application.

5. Technical Specifications

The Application can be downloaded to any mobile device such as a smartphone or tablet equipped with Android operating systems versions 5 and later or iOS version 12.4 and higher. It requires that the device be equipped with a Bluetooth Low Energy compatible chip.
The “notifications” feature is however only available from Android 8 and iOS 12.4
It can be downloaded, for iOS equipment on the App Store, and for Android equipment on the Google Play Store.

In any case, access to the Application requires access to the Internet (WIFI, 3G/3G+/4G). The User is advised to download the Application while connected to the WIFI network.
In&motion reminds Users that the Application is only available on Android 5+ and iOS 12.4+.
No refunds, unless the User’s right of withdrawal is exercised, may be made in the event of a misunderstanding on this question of incompatibility.
The User acknowledges that he/she has the means and skills necessary to use the Application. The equipment required to access and use the Application is the responsibility of the User, as are the telecommunications costs incurred by their use.

6. Obligations

6.1. User Obligations

In using the Application, each User undertakes not to violate public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these Terms.

Each User has the obligation to:

– Comply faithfully and respectively with In&motion, third parties and other Users;
– Use the Application in accordance with its purpose as described in these Terms;
– Not attempt to copy, extract, modify, reproduce any part or all of the elements of the Application – including but not limited to names, trademarks, logos, images, videos, music, underlying technology, database – by any means whatsoever;

– Not misuse the purpose of the Application to commit crimes, misdemeanours or contraventions punishable under the Penal Code or any other law;

– Respect the privacy of third parties and, where applicable, other Users;
– Be honest and sincere in the information provided to In&motion;
– Not to seek to undermine the automated data processing systems used by the Application within the meaning stated in Articles 323-1 et seq. of the Penal Code;

– Not distribute data that has the effect of decreasing, disorganizing, slowing down or interrupting the normal operation of the Application.

The User agrees to use the Application personally and not to allow any third party to use it in his place or for his own account, except to bear full responsibility.
The User is also responsible for maintaining the confidentiality of his username and password and expressly acknowledges that any use of the Application from his In&motion User Account will be deemed to have been carried out by himself.

6.2 In&motion Obligations

The Company undertakes to ensure the proper operation of the Application and to take the necessary measures to maintain the continuity and quality of this service.

However, In&motion draws Users’ attention to the fact that current communication protocols via the Internet do not allow the transmission of electronic exchanges to be ensured in a secure and continuous manner.
In&motion will make its best efforts to guarantee the User optimal security when using the Application. In&motion declines any responsibility as per the cases of paragraph 7.

7. Intellectual Property

7.1. Ownership of Intellectual Property Rights

The User acknowledges that the trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions, computer codes, technologies and texts contained on or in the Application are the exclusive intellectual property of In&motion and may not be reproduced, used or represented without express authorization under penalty of legal action.
Any representation or reproduction, in whole or in part, of the Application and its contents, by any means whatsoever, without the express prior authorization of In&motion is prohibited and shall constitute an infringement punishable by Articles L. 335-2 et seq. and Articles L. 713-1 et seq. of the Intellectual Property Code.

In particular In&motion expressly prohibits:
– Extraction, by permanent or temporary transfer of all – or a qualitatively or quantitatively substantial part – of the contents of a database to another medium, by any means and in any form whatsoever;
– Reuse, by making available to the public all – or a qualitatively or quantitatively substantial part – of the content of the database, whatever its form.

The acceptance of these Terms constitutes recognition by the User of In&motion’s intellectual property rights who undertakes to respect them.

7.2. Application User Licence

In&motion grants a personal, non-exclusive and non-transferable license to Users to use the Application in accordance with these Terms.
Any other use of the Application and its content is excluded from the scope of this license and may not be made without the express prior authorization of In&motion.
Thus, it is in practice prohibited for the User:
– To decompile, disassemble, reverse engineer or otherwise make whole or part of the Application understandable, or attempt to do so;
– To access the Application in order to design a competing application or service;
– To use the Application to provide services to third parties or sublicense, sell, rent, assign, commit, distribute, display, commercially operate the Application to third parties.

The fact of publishing, making available to the public or communicating to the public a software, an application, a site, etc. that makes it possible to bypass the normal use of the Application is not authorized and may give In&motion legitimacy to initiate legal action.

7.3 License on Items Downloaded by the User

The User grants In&motion a license to use the items and content (photograph, names, etc.) that he/she uploads to its Application.

8. Liability

Access to the Application and use of its content is the liability of the User. In particular, it is the liability of the user to protect himself/herself against any virus or element that could damage his/her connection equipment or the data it contains.
In addition, In&motion cannot be held liable under any circumstances:
– If it is impossible to temporarily access the Application for technical maintenance or updating operations. Users acknowledge that In&motion cannot be held liable in the event of malfunctions or interruptions of said transmission networks or the equipment of the Users of the Application;
– In the event of a virus attack by the Application or made by a third party from the Application, and its possible consequences;
– In the event of abnormal use or illegal use of the Application, the User is solely liable for any damage caused to third parties and for the consequences of any claims or actions that may result therefrom;
– In the event of non-compliance with these Terms attributable to Users;
– In the event of delay or non-performance of its obligations, where the cause of the delay or non-performance is related to a case of force majeure as defined in Article 8 of these Terms;
– In the event of an outside cause not attributable to In&motion.

9. Force Majeure

In&motion reserves the right to suspend, delay, modify or cancel the performance of its obligations in the event of the occurrence of events or circumstances of force majeure or fortuitous events or circumstances contractually assimilated to cases of force majeure or fortuitous events, even if they do not meet the legal definition, such as: fire, work stoppage independent of and outside the company’s control, flood, epidemic, war, requisition, strike, hurricane, tornado, earthquake, revolution, theft of all or part of the equipment, as well as in the event of the occurrence of any circumstance or event outside the control of In&motion occurring after the conclusion of the Terms and preventing performance under normal conditions.
It is specified that, in such a situation, the User may not claim any compensation and may not bring any action against In&motion.
In the event of one of the aforementioned events, In&motion will endeavour to inform the User as soon as possible.

10. Data Protection

Concerned about respecting the integrity of User data, In&motion undertakes to respect the confidentiality of Users’ personal information and data in accordance with applicable data protection and confidentiality laws.

Personal information and data that the User has provided directly or indirectly to the Company are necessary for the performance of the present contract and are of legitimate interest to the Company in order to fulfil its obligations to provide the User service and to process complaints.

In&motion only uses Users’ personal information for the purpose of improving its technology and associated services. Any other use will be subject to a prior request to the User to obtain their consent.

All information relating to data protection and the processing of User information is available in the “Privacy Policy” document, available on the In&motion Site and Application.

Such personal data may be kept by the Company for the duration of the contractual relationship and for a maximum of 3 years from the last contractual relationship with the User.

The User has, in accordance with national and European regulations in force, a permanent right of access to modify, rectify and oppose information concerning him/her. This right can be exercised at the following address: customer@inemotion.com. Any request for the User to exercise his/her rights must be signed and accompanied by a copy of valid identification if the Company so requests.

11. Information collected

 By browsing the sites published by In&motion, using our airbag systems and our applications, the User is required to provide In&motion with certain personal data. All of this data is necessary for the use of our airbag systems as well as for navigation on the In&motion Site and the Mobile Applications.

The information that may be collected by the “My In&box” mobile application is as follows:

  • Civility;
  • Last name and first name;
  • E-mail adress ;
  • Phone number;
  • Address
  • Country of residence
  • Preferred contact language
  • Geolocation;
  • User information (creation of an account): username and password; In&box serial number; serial number of the compatible product purchased, serial number of the scanned inflator
  • Personal information: date of birth, date of obtaining a driving license, insurance, motorized 2-wheeler (s) used, equipment worn (helmet, jacket, etc.)
  • Data collected by automated means: Facebook, Google, social media plugins
  • Data transmitted as soon as the User benefits from a specific offer with one of our partners: insurance member number …
  • Any information transmitted voluntarily;

Regarding geolocation, the use of the Mobile Application and in particular the “Emergency call by Liberty Rider” feature imperatively requires continuous geolocation of the User’s device.

With the prior consent requested from the User by the Mobile Application, In&motion may collect the location data received from the mobile device used in order to operate the Application and in particular for the “Emergency call by Liberty Rider ». This makes it possible to indicate the location of the User for emergency services in the event of an accident.

If the User does not wish to indicate his location and wishes to prevent the collection of location data, he can deactivate the activation of location on his device or update the preferences on the mobile application.

However, disabling geolocation will prevent the User from using the “Liberty Rider emergency call” feature and therefore from contacting emergency services in the event of an accident.

12. Modification of the Terms

These Terms apply to any User using the Application. The Terms may be modified and updated by In&motion at any time, in particular to adapt to legislative or regulatory changes. The Terms applicable are those in effect at the time the User navigates the Application.

13. Translation of the Terms

In the event that this document is written in one or more languages, the French version shall prevail.

14. Convention of proof

Each Party undertakes to recognise an evidential value equivalent to that of a paper document for any electronic document or any information exchanged between them through their electronic correspondence or communication tools made available to them on the website, as well as for any digital data stored, accessed on or generated by the website relating to their pre-contractual relationship and those of their contractual relationship.

The Parties waive, except in the case of proven computer fraud of the information systems used or deliberate human falsification, the right to rely on any unenforceability or invalidity of evidence provided by means of the aforementioned documents or information.

15. Waiver

The fact that either Party does not claim the Application of any clause of the Terms or acquiesces in its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by that Party of its rights under such clause.

16. Partial Invalidity

The annulment of any of the provisions of the Terms shall not entail the annulment of these Terms as a whole, unless the disputed provision cannot be considered, in the minds of the Parties, to be substantial and decisive, or if its annulment undermines the general balance of the Terms.

17. Customer service

In&motion provides the User with a customer service department to answer any request for information on the In&box and the Application.
The Client may contact the Company as follows:
– by phone at +33 (0)4 57 41 14 30,
– by e-mail at customer@inemotion.com.
Customer service is open at the following times: from 9am to 12:30pm and from 1:30pm to 6pm Monday to Friday GMT+1.

The opening times might change over time and are available on the “Contact” page of the In&motion website preprod.inemotion.com.
The Company will make its best efforts to respond:
– within fifteen (15) business days of the Customer’s requests for information;
– within ten (10) business days for claims.

18. Applicable Law and Attribution of Jurisdiction

18.1 Applicable Law

These Terms are governed by French law.

18.2 Assignment of Jurisdiction

Any difficulties of interpretation, execution and any disputes relating to these Terms, and more generally access to the Website and the use of its services, shall first be the subject of an attempt for amicable resolution between the User and the Company.

18.3 Pre-mediation

In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and he has not obtained satisfaction or response within two months, he can submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint.
The MCP MEDIATION mediator can be contacted directly online at the following address: www.mcpmediation.org or by mail MÉDIATION DE LA CONSOMMATION & PATRIMOINE – 12 Square Desnouettes – 75015 PARIS

18.4 On-going dispute

If a dispute continues after mediation, the User, who is a consumer may, pursuant to Article R. 631-3 of the Consumer Code, bring the matter before one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the court of the place where he/she resided at the time the contract was concluded, or the damage occurred.

If a dispute continues after mediation, the User, who is a professional or non-professional, may bring an action before the competent court in Annecy, France.

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