TERMS AND CONDITIONS OF USE OF THE VIZYGOOD APPLICATION
Updated and applicable as of 24/10/2022
The present general Terms and Conditions of Use are agreed to between the undersigned:
The COACH FOR EYES company, a limited liability company with a capital of 34,000 euros, VAT number FR 84 821 660 446, registered with the Paris Trade and Companies Register under number RCS 821 660 446, having its head office at 42 rue de Maubeuge, 75009 Paris and being represented by its President, Mrs. Nathalie WILLART (hereinafter, “Coach For Eyes”) and any person having the full legal capacity being registered as a User (hereinafter, the “User”) of the Vizygood application (hereinafter, the “Vizygood”). The terms with a capital letter have the meaning given to them in these Terms and Conditions of Use.
Coach For Eyes SAS publishes an innovative application, Vizygood, intended for the prevention of visual fatigue. The Terms and Conditions of Use apply to the use and access to the following websites and mobile application:
The Vizygood mobile application
Vizygood application for Microsoft Teams
and to all other associated sites, if any (hereinafter the “Site” or the “Sites”, if any). Coach For Eyes reserves the right, and at its sole discretion, to freely modify the Terms and Conditions of Use at any time and invites the User to consult them regularly. In case of modification of the Terms and Conditions of Use, the terms and conditions of use applicable to the Sites will be those in force at the time of the order of the User on the Sites. The Terms and Conditions of Use come into force as soon as they are published on the Sites and immediately replace the former terms and conditions of use for all future operations.
The Sites developed by the Coach For Eyes SAS company have for objective to improve the visual well-being of the Users in front of the screens, and gives to its Users recommendations in the field of prevention. The User is expressly informed that Coach For Eyes SAS is not a health provider nor a health establishment and is not able to provide medical advice and does not have vocation to collect data related to health. The Services that the Company provides do not contain, do not constitute, and should not be construed as medical advice or medical opinions. Consequently, the Coach For Eyes Company invites the User of the Sites to systematically consult a qualified health professional in case of doubt about his health condition. Vizygood is not a tool of diagnosis or prevention of diseases. The use of the Application or the Sites does not create a doctor-patient relationship between the User and the Company.
The Sites and Application are published by Coach For Eyes. The director of publication is Mrs Nathalie WILLART. The Sites and the Application are hosted by Microsoft Azure in servers located in France.
For any information or question, Coach For Eyes is at your disposal:
By email: email@example.com ;
By postal mail at the following address Coach For Eyes, SAS – 42 rue de Maubeuge, 75009 Paris
YOUR RIGHTS AND OBLIGATIONS
ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
The Terms and Conditions of Use define your contractual relations with Coach For Eyes, as well as the conditions in which the Sites can be used. The Terms and Conditions of Use as well as, if necessary, our General Conditions of Sale, express the entirety of the rights and obligations of the User and Coach For Eyes and will prevail on all other general or particular conditions not expressly agreed by Coach For Eyes. By accessing the Sites or the Application, the User accepts in a whole, unconditional way and without reserve these Terms and Conditions of Use. The User must not use our Sites or Application, if he does not subscribe to these Terms and Conditions of Use. In the event that the User does not wish to accept all or part of the Terms and Conditions of Use, he/she is requested to renounce any use of the Sites or Application.
USE OF THE APPLICATION AND VIZYGOOD SITES
By connecting to the Sites or the Application, the User certifies that he/she is of legal age and legally capable and accepts without reservation the Terms and Conditions of Use. In order to use the Site or the Application, the User must have an iOS or Android compatible phone or a web browser as well as Internet access (access cost borne by the User), and a personal profile.
Taking into account the technical constraints of computing and telecommunications inherent to the use of the Application and the Sites, Coach For Eyes cannot be held responsible in case of damage caused by a malfunction of one or several stages of access to the Application and/or to the proposed Sites, due in particular but not exclusively to the inconveniences inherent to the use of the Internet network, such as break of service, external intrusion, presence of computer viruses or malfunction of any nature whatsoever.
The Application and the Sites support the following browsers:
– Google Chrome™: latest stable versions
– Mozilla® Firefox® : latest stable versions
– Apple® Safari® for macOS: latest stable versions
– Microsoft® Edge® : latest stable versions
Microsoft® Internet Explorer® is not compatible with the Vizygood Application and Sites.
For an optimal experience, Users are recommended to use the most recent version of their browser supported by Vizygood.
The User is invited to bring up without delay to Coach For Eyes any difficulty that he would come to notice within the framework of his use of the Application or the Site.
Coach For Eyes does not guarantee an optimal functioning of Vizygood if the version used does not correspond to the last version of the mobile Application on the downloading platforms (Google Play and Apple Store). The responsibility of Coach For Eyes cannot be engaged in case of damage caused by a dysfunction on a previous version of the Application.
The User is only responsible for the activities undertaken through his profile, as well as for the maintenance of the confidentiality of his password. Users shall never use another User’s profile. The User shall immediately inform Coach For Eyes in writing of any unauthorized use of his profile or any other breach of security related to his profile of which he has knowledge.
Coach For Eyes is and remains the only owner of the software, the Sites, the methods, the process, the questionnaires, the analysis tools, the techniques, the developments and the know-how used in the Application or the Vizygood Sites, what the User recognizes expressly.
As such, Coach For Eyes is invested in the whole rights, including copyrights, on the Application and Sites of Coach For Eyes, in accordance with the Code of the intellectual property.
Any reproduction and/or representation of the Application or Sites of Coach For Eyes, that it is total or partial, whatever is the form is forbidden
The User has no property or privative right of any kind on the Application and Sites of Coach For Eyes, the User having only a temporary and partial right of use on the Application and Sites of Coach For Eyes.
All the brands, photographs, texts, comments, illustrations, images animated or not, video sequences, sounds, as well as all the data-processing applications which could be used to make function the Application and Sites and more generally all the elements reproduced or used on the Application and Sites are protected by the laws in force under the intellectual property.
They are the full and whole property of Coach For Eyes or its partners. Any reproduction, representation, use or adaptation, under any form, of all or part of these elements, including the computer applications, without the prior written agreement of Coach For Eyes, are strictly forbidden. The Contents are accessible to the User within the framework of a personal, private, not collective and not commercial use. Any representation and/or reproduction and/or partial or total exploitation of the Contents proposed by the Site, by some process that it is, without the prior written authorization of Coach For Eyes is strictly forbidden and would be likely to constitute a counterfeit within the meaning of the articles L 335-2 and following of the Code of the intellectual property. The fact that Coach For Eyes does not engage any procedure as soon as it becomes aware of these unauthorized uses does not mean that it accepts the said uses and waives the prosecution.
VIZYGOOD is a French semi-figurative trademark belonging to Coach For Eyes, registered at the INPI.
COACH FOR EYES is a French trademark belonging to Coach For Eyes, registered at the INPI.
The Contents designate all the information whatever the format (text, image, video, etc.) put at your disposal by Coach For Eyes. The User is only responsible for the use he makes of the Contents present on the Site and, consequently, the Coach For Eyes company is not to be held responsible for direct or indirect damage resulting from the use of these Contents; the User is only responsible for the use of the Contents of the Sites having a hypertext link, Coach For Eyes declining any responsibility as for these Contents in accordance with the provisions below; it is up to the User to take all necessary measures to make sure that the technical characteristics of his equipment allow him the consultation of the Contents of the Sites.
ACCEPTABLE USE POLICY
User shall not do or attempt to do or encourage any User or third party to do or attempt to do any of the following while accessing and using the Coach For Eyes Services:
- Reconstruct the logic, decompose, modify, alter, distort, disassemble, or create a derivative work from any software used for the Sites and Application.
- Use the Sites or Application to knowingly or intentionally infringe upon the intellectual property rights of others, including, without limitation, their patents, copyrights, trademarks, trade secrets, or any other applicable intellectual property rights as they now exist or may hereafter exist, anywhere in the world.
- Access the Sites or the Application using automated methods (such as robots, spiders, etc.), except with the prior written permission of Coach For Eyes
- Use the Sites or Application for any illicit, illegal, malicious or discriminatory purpose.
- Hinder the good functioning of the Sites or Application.
The User recognizes that any violation of the GCU allows Coach For Eyes, notwithstanding any recourse against him, to take measures in order to restrict his access to the Sites or Application.
AVAILABILITY OF THE SITE
Coach For Eyes commits itself to implement all the reasonable means at its disposal to ensure a quality access to the Site at any time, 24 hours a day and 7 days a week, but has no obligation to achieve it, in particular in case of force majeure, malfunctioning of the network, of the servers, or of any other event escaping its control.
Coach For Eyes can interrupt, suspend or modify temporarily and without notice the access to the Site, notably for security reasons, for the restructuring of machine resources, for the maintenance or the improvement of the Sites or to improve the availability of information via Internet. As much as possible, Coach For Eyes commits itself to broadcast a message informing you of this interruption of the Site. In any case, Coach For Eyes will make its best efforts so that the interruption affects you the least possible. Coach For Eyes cannot be held responsible for possible damages caused by these interruptions, including the losses of data.
Consequently, Coach For Eyes cannot guarantee an availability of the Site, a reliability of the transmissions and performances in terms of response time or quality.
CREATION OF HYPERLINKS
Vizygood can refer to websites, applications, products or services of third parties. Coach For Eyes is not responsible for the practices of the third party websites made available or linked to our Sites, nor for their information or content.
When a User uses a link to another website, these Terms and Conditions of Use are not applicable anymore.
Coach For Eyes also has the right to suspend or close a User profile at any time and without notice, if the latter does not respect these Terms and Conditions of Use or if he uses the Sites in violation of the Acceptable Use Policy or of the legal or regulatory provisions in force.
The deactivation of a profile, regardless of the cause, will not result in the payment of any compensation. It is effective immediately.
RESOLUTION OF THE LITIGATIONS
Before bringing an action or a recourse against Coach For Eyes, the User agrees to try to solve the dispute in an amicable way by contacting Coach For Eyes at this address: firstname.lastname@example.org or at email@example.com.
Any claim, amicable or judicial, relating to the execution or the interpretation of the Terms and Conditions of Use will have to be formulated within one (1) year as from the generating fact or the deactivation of the account, under penalty of prescription. Any dispute to which the use of the Sites could give rise or relating to the execution or interpretation of the Terms and Conditions of Use will be governed by French law and the exclusive jurisdiction of the Commercial Court of Paris.
By authorizing the collection of his personal data, the User authorizes by these Terms and Conditions of Use Coach For Eyes to send all notifications to the email address used to create his account and the information of the newsletter, according to his choice. In order to remove all doubts, the User will be considered as having received any notification sent by virtue of theseTerms and Conditions of Use, at the time of their sending by Coach For Eyes. If the User does not wish to receive any more these notifications by email, he has to make the request by email to the following address: firstname.lastname@example.org
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
It was originally written in French. In the event it is translated into one or many languages, the French text shall prevail in case of dispute.
The nullity of a clause does not entail the nullity of the Terms and Conditions of Use , with the exception of an impulsive and determining clause having led one of the Parties to contract. The cancelled clause(s) shall be deemed unwritten.
The fact that one or the other of the Parties does not avail itself at a given moment of any of the clauses or that it tolerates the temporary or permanent non-performance of the obligations of the other Party shall not be interpreted as a waiver of the right to avail itself of such clause at a later date. The fact that either Party tolerates a non-performance or imperfect performance of these Terms and Conditions of Use or, more generally, tolerates any act, abstention or omission of the other Party that does not comply with the provisions of these Terms and Conditions of Use shall not confer any right whatsoever on the Party benefiting from this tolerance.
By express agreement between the Parties, these Terms and Conditions of Use are subject to French law, to the exclusion of any other legislation.
Any dispute relating to the conclusion, interpretation or execution of the Terms and Conditions of Use shall be submitted to the Commercial Court of Paris, which shall have exclusive jurisdiction, including in summary proceedings, notwithstanding any third party appeal or plurality of defendants.
DATA PROCESSING AND CONFIDENTIALITY
The present clauses aim at defining the conditions in which Coach For Eyes (hereafter the Subcontractor) undertakes to carry out on behalf of the User the operations of processing of personal data defined hereafter.
Within the framework of their contractual relations, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable as of 25 May 2018 (hereinafter, “the European Data Protection Regulation”).
The User is informed that, within the meaning of the Terms and Conditions of Use, personal data means, in accordance with Article 4 of the European General Data Protection Regulation, “any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”); an “identifiable natural person” is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to:
- An identifier, such as a name,
- An identification number,
- Location data,
- An online identifier,
- Or to one or more factors specific to his physical, physiological, genetic, psychological, economic, cultural or social identity.
By continuing his navigation on the Site, the User accepts expressly that Coach For Eyes collects personal data concerning him in a direct and indirect way.
Coach For Eyes collects the following categories of data: Identity and civil status (name, first name, e-mail address, date of birth), password for the creation of the profile, connection data (IP address and statistics of use), answers to the questionnaires of Vizygood. This data is used solely to optimize Vizygood’s services and recommendations.
Access to the Sites requires the creation by the User of a password to create a Vizygood user account. This password is strictly personal and confidential, and the User agrees to keep it secret and not to disclose it in any form whatsoever to third parties. The User is responsible for the protection of his/her login and password. Unless proven otherwise, any connection to the Sites or transmission of data using the User’s access codes will be deemed to have been made by the User. In case of loss or theft of the identifiers and/or password or of use of the password by an unauthorized third party, the User must immediately inform Coach For Eyes at the following address, in order to revoke these identifiers and password and to obtain new ones: email@example.com. Coach For Eyes will not be responsible for the access to the Site of unauthorized third parties allowed by the illicit use of the login and password.
PURPOSE OF PROCESSING OF PERSONAL DATA
The personal data are the object of a treatment implemented by Coach For Eyes with the exclusive aim of providing, exploiting, maintaining and improving the services for a better prevention of the visual fatigability.
The processing implemented by Coach For Eyes has the following purposes:
- Creation of the user profile
- Carrying out operations relating to the management of the Users;
- The follow-up of the User relationship such as the realization of satisfaction surveys, the management of the Users requests and notifications;
- To carry out operations relating to the elaboration of statistics;
- The management of the requests of right of access, rectification, opposition, oblivion, limitation of the treatment, information, portability of the data, will relative to the data and opposition to the profiling.
Coach For Eyes guarantees to have satisfied all the legal obligations relating to the protection of personal data in force, and in particular to have carried out all the preliminary formalities with the French authority of data protection, the National Commission of Data processing and Freedoms (CNIL), which falls to him for the implementation of the treatment of personal data.
SECURITY – CONFIDENTIALITY – RECIPIENTS
The protection of personal data constitutes a central point of the confidentiality policy of Coach For Eyes. We thus take the commitment to assure the confidentiality of all the data in personal matter concerning you including those resulting from the use of our Sites.
Coach For Eyes undertakes to put in place all useful measures of physical, organizational and technical protection to protect your personal data against any loss, inappropriate use, unauthorized access, disclosure, modification and/or destruction.
Apart from the processing purposes mentioned above, personal data will not be sold, exchanged, transferred or given without the explicit consent of the User, for any reason whatsoever.
On the other hand, when the regulation in force requires it, Coach For Eyes is likely to transmit the personal data of the Users to the organizations and authorities legally authorized to reach it (in particular the judicial and administrative authorities).
Coach For Eyes does not intervene as a health data host in the sense of the article L1111-8 of the Public Health Code and does not have recourse to such a provider.
In case of subcontracting of the hosting of your personal data, Coach For Eyes is obliged to contractually transfer on the provider all the obligations stipulated in the European general regulation on data protection and the regulatory obligations in force.
DURATION OF CONSERVATION OF THE DATA
Coach For Eyes keeps the personal data for a period which does not exceed the duration necessary to the purposes exposed by the present. Beyond this period, the personal data may be archived in order to respect the legal and regulatory obligations to which Coach For Eyes is subjected or destroyed and in any case not more than ten (10) years except during litigation.
The personal data allowing to establish the proof of a right or of a contract, or preserved in the respect of a legal obligation by Coach For Eyes are archived in accordance with the provisions in force.
TRANSFER(S) OF DATA OUTSIDE THE EUROPEAN UNION
Within the framework of the provision of the Services, Coach For Eyes is likely to have recourse to providers of analyses and notification (“further subcontractors”) whose servers are located in countries which are not members of the European Union and which were not the subject of a decision of adequacy of protection of the European Commission. In this case, Coach For Eyes makes sure that this transfer is carried out in conditions in conformity with the regulations in force by taking all the appropriate measures and in a legal, technical and operational framework suitable to ensure the confidentiality and the security of these data.
RIGHT OF ACCESS, RECTIFICATION, OPPOSITION AND DELETION
In accordance with the regulations on the protection of personal data, the User has the right to access, rectify, delete and oppose the processing of his/her personal data, as well as the right to define the fate of his/her data after his/her death.
The User can exercise these rights and formulate his requests by sending an e-mail or a letter, accompanied by an identity document, to the following address firstname.lastname@example.org – Coach For Eyes, 42 rue de Maubeuge – 75009 Paris or by using the contact form placed at his disposal on the Site.