Effective as of 08/18/2022

The purpose of these General Conditions of Use (the “GCUs”) is to provide a legal framework for the provision of the ACTI’FUN mobile app (the “App”) and to define the conditions for access and use of the services by the user (the “User”). These GCUs are available on the App under the heading “GCU”.

The ACTI’FUN App allows the User free access to the following services:

→ Scanning QR codes on Proludic brand sports equipment;

→ Watching videos of sports exercises in order to use the apparatus and practise;

→ Recording exercise performance in his/her history;

→ Entering challenges with team-mates.

ARTICLE 1: Legal

The ACTI’FUN mobile App is published by Proludic SAS, a company with capital of 776,000 euros, registered in the Tours Trade and Companies Register under the number 347 839 193, whose registered office is located at 181 rue des entrepreneurs, 37210 Vouvray, France (the “Publisher”).

Telephone number +33 (0)2 47 40 26 44

E-mail address: proludic@proludic.fr

The ACTI’FUN App is hosted by the company OVH, whose head office is located at 2 rue Kellermann 59100 Roubaix, France.

ARTICLE 2: Access to the App

The ACTI’FUN App can be accessed free of charge by any User from any location with access to the Internet. All costs incurred by the User to access the service (telephone, software, Internet connection, etc.) are at the User’s expense.

The cost of communications to access the App (mobile data or internet) between the User and the Publisher shall be borne exclusively by the User. The User acknowledges that he/she has chosen his/her own equipment for connecting to the App, his/her Internet service provider, operating software and Internet browser in order to access the App, and releases the Publisher from any liability in the event of unsuitability, incompatibility or lack of interoperability between the App and the hardware and software that he/she has freely chosen and configured. The rights to access and use this App are personal, non-exclusive, non-negotiable and non-transferable.

Use of the features of the App implies acceptance of these GCUs. The User therefore undertakes to read these GCUs carefully when accessing the App and is invited to download, print them and keep a copy. It is specified that these GCUs are available after downloading the App during the first connection and then at any time in the “GCUs” section.

The Publisher reserves the right to terminate, without notice or compensation, any access for the User in the event of use that would infringe or present a risk of infringement of these GCUs, laws and regulations, morality or public order.

ARTICLE 3: Protection of Personal Data

In accordance with the law 78-17 of 6 January 1978 (amended by the law 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data) relating to information technology, files and civil liberties, the ACTI’FUN App has been declared to the Commission Nationale de l’Informatique et des Libertés (French data protection authority www.cnil.fr).

Nature of the data collected

In connection with use of the App, the Publisher may collect the following categories of data about its Users:

The Publisher may collect your Personal Data:

  • When you browse the App, through cookies and similar technologies used on the App (including IP addresses).
  • During Use, the Publisher collects information related to performance of exercises, information about the User’s experience of the equipment.

Recipients of the data

The Personal Data collected is intended for the Publisher as the Data Controller. It may be communicated to its possible service providers or technical subcontractors.

Retention period – deletion of the Account

The Personal Data necessary for the management of the App is retained for the duration of the relationship and three (3) years from the date of deletion of the App.

The Personal Data necessary to carry out loyalty actions and canvassing is retained for the duration of the relationship and three (3) years from the date of deletion of the App.

The Publisher retains the Personal Data for the time strictly necessary to achieve the purposes described above. After this period, it is anonymised and retained exclusively for statistical purposes and does not give rise to any use whatsoever.

The User has the option of deleting the App at any time in the settings of his/her hardware.

In the event of a breach of any provision(s) of the GCUs or any other document incorporated herein by reference, the Publisher reserves the right to terminate or restrict your use of and access to the App, without prior notice and at its sole discretion.

Rights of the persons concerned

In accordance with the applicable legislation on the protection of Personal Data, you have the right to access, rectify or erase your data. You also have a right to portability and a right to restrict the processing of your data (see the cnil.fr website for more information on your rights).

To exercise these rights or for any questions about the processing of your data, you can contact us as follows:

  • by email: proludic@proludic.fr
  • by post: Proludic, 181 rue des entrepreneurs, 37210 Vouvray, France

These rights may be exercised by writing to the Data Controller, in a letter signed by the person exercising the right, together with a photocopy of an identity document.

Security and confidentiality

The Publisher undertakes to implement all appropriate technical and organisational measures in order to guarantee a level of security adapted to any risks of accidental, unauthorised or illegal access, disclosure, alteration, loss or destruction of your Personal Data.

However, it should be noted that the Internet is not a completely secure environment and the Publisher cannot guarantee the security of the transmission or storage of information on the Internet.

ARTICLE 4: Obligations of Users

When using the App, each User undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these GCUs.

Each User is obliged to:

  • use the App in accordance with its purpose as described in these GCUs;
  • not to divert the purpose of the App to commit crimes, misdemeanours or offences punishable under the Criminal Code or any other law;
  • not to seek to undermine the automated data processing systems implemented on the App within the meaning of Articles 323-1 et seq. of the Criminal Code;
  • not to use the App to send unsolicited mass messages (advertising or otherwise).

The User shall not:

  • attempt to gain unauthorised access to the information system of the App;
  • misuse the App by deliberately introducing malicious software;
  • infringe the Publisher’s intellectual property rights;
  • denigrate the App and/or Proludic brand sports equipment on social networks and any other means of communication.

Finally, the User shall take care of the equipment made available to him/her. He/she shall refrain from any attitude and/or any remarks that are aggressive, shocking, insulting, likely to hurt others or, in general, to harm them in any way whatsoever. The User is solely responsible for the use of the equipment and facilities. Any material or object abandoned by the User will be considered lost.

ARTICLE 5: Intellectual property

The trademarks, logos, signs as well as all the contents of the App (texts, videos, sound, etc.) and the software that could be used to operate the App are protected by the Intellectual Property Code and, more particularly, by copyright.

The reproduction and/or exploitation of the App and the Proludic brand, in whole or in part, of any kind whatsoever and by any means whatsoever, is totally prohibited.

In particular, the User is expressly prohibited from extracting, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the contents of a database onto another medium, by any means and in any form whatsoever, as well as from reusing, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of the database, in whatever form.

The User must request prior authorisation from Proludic SAS for any reproduction, publication or copy of the various contents. The user undertakes to use the content of the ACTI’FUN by Proludic App in a strictly private context. Any use for commercial or advertising purposes is strictly forbidden. Any total or partial representation of this App by any means whatsoever, without the express permission of the operator of the ACTI’FUN by Proludic App, would constitute an infringement punishable by Article L 335-2 et seq. of the Intellectual Property Code. In accordance with Article L122-5 of the Intellectual Property Code, the User who reproduces, copies or publishes protected content must cite the author and the source.

ARTICLE 6: Responsibility

The Publisher’s responsibility cannot be sought, whatever the type of action, for direct or indirect damage, for example, and without this list being exhaustive, any financial or commercial prejudice, loss of profit, of clientele, of data, of intangible goods which may occur due to the use or the impossibility of use of the App, commercial disorder, loss of earnings, damage to a third party, fall or injury during the performance of the exercises presented in the videos, or accident during the use of the apparatus, action brought by a third party against the User, as well as their consequences, linked to the present document or to its execution, and more generally any event linked to the App and the use of the equipment and apparatus.

The Publisher therefore disclaims all liability in the event of any use of the App that does not comply with these GCUs. Consequently, the Publisher cannot be held responsible in any way:

  • in the event of temporary inability to access the App due to technical maintenance operations or updating of published information;
  • in the event of malfunctions or interruptions in the said transmission networks or in the computer equipment of the Users of the App;
  • in the event of hacking;
  • in the event of abnormal use or illicit exploitation of the App;
  • in the event of non-compliance with these GCUs attributable to Users;
  • in the event of delay or non-performance of its obligations, where the cause of the delay or non-performance is linked to force majeure;
  • in the event of an external cause not attributable to the Publisher;
  • in the event of an accident, fall or injury while using the apparatus and equipment provided, and while performing the exercises shown on video on the App.

ARTICLE 7: Hyperlinks

Hyperlinks may be present on the ACTI’FUN App. The User is informed that clicking on these links will cause him/her to leave the ACTI’FUN App. Proludic has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.

ARTICLE 8: Cookies

The User is informed that during his/her visits to the App, a cookie may be automatically installed on his/her browser.

Cookies are small files stored temporarily on the User’s telephone by the browser and which are necessary for the use of the ACTI’FUN App. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique, randomly generated and therefore anonymous identifier. Some cookies expire at the end of the User’s visit, others remain.

The information contained in the cookies is used to improve the ACTI’Fun App. By browsing the App, the User accepts them.

Cookies may be used for statistical purposes, in particular to optimise the services provided to the User, based on the processing of information concerning the frequency of access, the personalisation of pages, as well as the operations carried out and the information consulted.

In accordance with the recommendations of the CNIL, the maximum retention period for cookies is 13 months after their first storage in the User’s terminal, as is the duration of the validity of the User’s consent to the use of these cookies. The lifetime of the cookies is not extended with each visit. The User’s consent must therefore be renewed at the end of this period.

ARTICLE 9: Applicable law and jurisdiction

French law applies to these GCUs.

With a view to finding a solution together to any dispute that may arise in the performance of the present relationship, the parties agree to meet by any means (including by video-conference or telephone conference) within 15 calendar days (reduced to 8 days in the event of an emergency) from the sending of a registered letter with acknowledgement of receipt, notified by one of the two parties. This amicable settlement is a mandatory prerequisite to the institution of legal proceedings between the parties. Any legal action brought in violation of this clause shall be declared inadmissible. However, if within the above-mentioned period of 15 days (or 8 days in the event of an emergency), the parties do not manage to agree on a compromise or a solution, or if they do not manage to meet, the dispute will then be submitted to the jurisdiction designated below.

If the dispute persists despite the attempt at an amicable settlement, all disputes arising from the application of these GCUs, concerning their validity, interpretation, execution, consequences and repercussions, and which could not be resolved, will be submitted to the competent French courts under the conditions of common law.

For any question relating to the application of these GCUs, you can contact the Publisher using the contact details provided in ARTICLE 1.