# Article 1: Object The following “Terms of Use” define the legal framework of terms and conditions of the “Ben le Koala” mobile App’s services, and its use by the “user”. These Terms of Use must be accepted by every user who wants to create an account in the App. It establishes the contract between the App and the user. # Article 2: Disclaimer ## App Owner Signes de sens manages the App and the Services which you are the user of. Signes de sens is an association created in 08/13/2003, registered under the SIRET code 450 274 568 000 51 and the NAF/APE code 8690F. Our head office is located at 30 Boulevard Jean-Baptiste Lebas 59000 Lille (France). Our Inter-community VAT number is the following: FR 67 450 274 568. ## Publication CEO Simon Houriez, CEO of Signes de sens ## App location The App is hosted: In the App Store, at the address Apple Distribution International Ltd., iTunes Store Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland. In Google Play, at the address Google Commerce Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The back office is located in Firebase, at the address Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. # Article 3: Definitions The following clause aims to define the different essential terms of the contract: User: means any person who uses the mobile App or one of the Services proposed by the App. User content: means data transmitted by the user within the App. # Article 4: Access to Services The downloading of the App on a user’s terminal is a necessity to have access to the App’s contents. The downloading of the App is free. The creation of an account is optional to have access to the App’s contents. If the user wants to follow the progression of the child, he needs to create an account. The App allows all users free access to the following Services: * Educational videos, * Additional educational tools, * Tips. The mobile App is accessible for free, anywhere, to any user with a smartphone or tablet with an Internet connection. All of the costs supported by the user in order to have access to the Service (computer hardware, software, internet connection, etc.), are at their expense. The owner of the App makes use of all the means he has to ensure qualitative access to his Services. Because this is an obligation of means, the owner does not claim his responsibility to reach this result. Signes de sens does not claim responsibility for any event due to a case of force majeure, which leads to a malfunction of the network, or the server, through the App Ben le Koala. The access to the App Services can, at any moment, be interrupted, suspended, modified without advance notice, for maintenance or any other case. The user agrees to not claim any compensation because of the interruption, suspension or modification of this contract. The user can contact the App owner by email at the following address: [production@signesdesens.org] (production@signesdesens.org) # Article 5: Account ## Account creation Creating an account is not necessary to use the App. The user needs to create an account to have access to the “child profile” page, which gives access to the child’s progression functionalities. Creating an account is free. In order to create an account, the user must be 18 years old or older. The user can create an account during his first use of the App, or on the “child profile” page without having created an account before. He needs to click on the button “sign up”, and type his email and password. The user agrees to ensure his user ID and password’s confidentiality and security. He is strictly responsible for the use of his account, user ID and password. Claiming a third party’s identity is completely prohibited. By creating an account, the user agrees to receive information by email about Ben le Koala’s project. ## Account advantages With an account, the user has access to the child’s progression functionality. On the “child profile” page, the user can follow the progression of learning skills. This functionality requires an account. If no account has been created, the user can go on the “child profile” page and click on “log in”. On the log in/sign up page, the user clicks on “sign up”. He types his email and password, and creates his account. He is automatically connected. If an account has been created, the user can go on the “child profile” page and click on “log in”. On the log in/sign up page, the user clicks on “sign up”. He types his email and password, and logs in. When the user is connected, he can create a child profile by clicking on “create”. He types in the child’s information: user ID and year of birth. ## Modification of the account information All the account information can be modified on the “settings” page: * Email can be modified by clicking on “modify email”. * The password can be modified by clicking on “modify password”. * The user can request to delete his account. The child’s profile information can be modified on the “child profile” page: * User ID can be modified. * Date of birth can be modified. * Profile can be deleted. ## Delete account The user can directly delete his account on the “settings” page by clicking on “delete my account”. # Article 6: Copyright All of the elements included in Ben le Koala’s App (including texts, graphics, pictures, illustrations, video animations) are the exclusive property of Signes de sens, unless otherwise specified. No reproduction, even partial, other than those provided for in Article L 122-5 of the Intellectual Property Code, can be made of the App without its express permission. # Article 7: Privacy Policy All of the activities covered by this privacy policy concerned Ben le Koala’s App. Signes de sens claims, as part of its activities and according to the current legislation in France and in Europe, to ensure protection, confidentiality and security of its user's personal data or its product’s buyers data, and to respect their private life. ## Why does Signes de sens process your data ? Signes de sens only processes your personal data for determined, explicit and legitimate uses. The uses pursued by Signes de sens are the following : * Following the child’s progression in learning, and post content for the user. * Better understanding how the users make use of the App, to maximize functionalities and content. * Designing educational tools for the user’s needs. * Conducting analysis and furthering knowledge about the learning development of children with or without disabilities. * Collecting user’s propositions, testimonies, and opinions. * Dealing with complaints. * Communicating by email about Ben le Koala’s projects and events. * Collecting user’s opinions through Google Form, an online survey tool provided by Google Inc. All your data is kept for the time necessary to achieve the uses mentioned above. ## What data is processed? Signes de sens processes your collected personal data directly from you. Signes de sens is never recipient of the data collected by a third party. Signes de sens does not transmit data to a third party. Signes de sens only processes data if this data is necessary to the pursued use. Signes de sens processes the following data: **Global data:** * For each use, Signes de sens stores information related to the use (views per videos). This data is used to compile global statistics and does not identify the user personally. **Personal data:** * Contact data: mail address. * Child data: user ID, year of birth. * Child’s progression data: time spent understanding the skill, skills in progress per child. ## What are your rights? In accordance with dispositions of the law n° 78-17 from 6th January 1978, modified in 2004 related to computing, files, and liberties, you can obtain communication and, if so, rectification or deletion of information about you. ## How to exercise your rights? You can exercise your rights at any moment by contacting: * Postal service: Signes de sens, 30 boulevard Jean-Baptiste Lebas 59000 Lille (France) * Mail: [production@signesdesens.org] (production@signesdesens.org) * Phone: 03 20 06 00 45 (France), from Monday to Friday, 9:30AM - 5:30PM ## How is your data secured? Signes de sens ensures that your data is processed with security and confidentiality, including when some operations are executed by subcontractors. All of our computer hosts also comply with the Data Protection Regulation. ​ ## Security incident In case of a security incident that will affect the user’s personal data (destruction, loss, modification or revelation), Signes de sens claims to respect the obligation of notification of personal data’s violations, particularly toward the French DPA (CNIL). ## Modification of the Data Protection Policy # Article 8: Responsibility and Force Majeure All the information sources published on the App are considered reliable. However, the App reserves the right not to guarantee the reliability of the sources. All the information given on the App is purely informative. If you encounter inaccuracies, you have the possibility to inform us with the Problem Reporting Form. Ben le Koala’s staff is committed to examining all requests, and to correct those requests as quickly as possible. Also, the user is the only one to assume all responsibility for the use of information and contents of this App. All use of service by the user resulting directly or indirectly in damage must be subject to compensation to benefit the App. An optimal guarantee of the transmitted data’s security and confidentiality is not ensured by the App. However, the App is committed to making use of all necessary means in order to, at best, guarantee the data security and confidentiality. The App’s responsibility can not be engaged in case of force majeure, or the unforeseeable and insurmountable act of a third party. # Article 9: Contract Modification The App reserves the right to modify terms stated in this contract. # Article 10: Contract Duration The duration of the contract is not determined. The contract produces its effects toward the user when he uses the Service. # Article 11: Applicable Law and Competent Jurisdiction The French legislation is applicable to this contract. In case of no amicable dispute resolution between parties, only Lille’s courts are competent.