General conditions of use

WARNING 
 

SAFETYGO does not make a diagnosis. SAFETYGO (term used to identify the mobile application and/or the web platform) aims to send qualified voluntary first aider for a rapid care of the victims while waiting for professional rescuers to arrive, increasing therefore victims’ chances of survival.

Under no circumstances it replaces a medical examination made by a general practitioner or a specialist. A medical examination normally includes a medical history, a clinical and physical examination and, where appropriate, diagnostic testing. The Application SAFETYGO uses a warning system allowing a rapid intervention of a voluntary first aider and does not include all the fundamental aspects to make a complete diagnosis.


Under no circumstances you should use the information in this Application to make a diagnosis.

ARTICLE 1 - Object

The present General Conditions of Use (hereinafter «GCU») have the purpose of defying the modalities and conditions under which the society RESILIENCE SAS (hereinafter «RESILIENCE») provides its mobile Application, and the services available in favour of the User.

The installation and use of the application SAFETYGO (hereinafter the «Application») implies for the User the acceptance and application without reservation of the present GCU.

Users are informed that the present GCU could be modified at any time by RESILIENCE, editor of the Services. In this regard, they agree and accept that their use or their simple access to the services after the modification date implies the acceptance of the new GCU.

 

ARTICLE 2 – the Application

2.1 Definitions


The term «Application» refers to the program «SAFETYGO» available on virtual stores for mobile phones or compatible tablets.

The Application includes «contents» and «services»:

  • Content refers to the texts, sounds, videos (audiovisual and multimedia works), the graphic charter, the logos of sponsor brands, the images and illustrations, the photos, in other words every thing that composes the Application

    • Services refer to the features included in the Application

 

The term «Situation» refers to any emergency or serious risk situation subject to a call relayed by any emergency service which guarantee security to the platform SAFETYGO in order to put in place any means needed for its resolution, especially the information relay provided by the User through video-calls, normal calls or SMS.

The term «User» or «Users» refers to a natural person of legal age who downloaded the Application and accepted the present GCU.

The term «User» includes three skill levels:

  • Any citizen without particular skills in terms of first aid

  • Any citizen who has acquired some skills in terms of first aid

  • Certificated professional rescuers such as healthcare workers, paramedics (non-exhaustive list).

 

The term «Victim» refers to a natural person in an emergency situation or in danger in need of a rapid rescue operation.

 

2.2 Descriptionof the Application

 

The Application allows Users to receive push notifications after a message has been transmitted by every emergency service that owns the platform PERMISE DE SAUVER, in which the place where the Victim is and, as far as possible, a description of his/her physical condition are indicated, or the place of the emergency Situation.

a) Aims of the Application

 

The aims of the Application are:

  • Sending Users who have received a push Notification to deal with the victims waiting for professional rescuers and increasing the chances of a better takeover;

  • Sending Users who have received a push Notification to the places of an emergency situation as witnesses to inform about the current situation, waiting for the professional rescuers to arrive on site;

  • Informing Users about vigilance situations by sending geolocated Notifications;

  • Entering the different rescue devices and places on the entire national territory, such as defibrillators, pharmacies, fire stations, ... (non-exhaustive list).

 

b) The Applicaiton operation

 

Activation: services with access to the platform SAFETYGO send a push notification with information concerning the Situation to Users.

 

Acknowledgement of receipt and feedback: the User accepts or not the assistance request through the Application.

 

Control and geolocation: the operator geolocates the User in real-time and sees his progression.

 

c) Application features

 

The Application allows:

  • - To build a network of users who take part in the information chain;

  • - To identify the position of rescue devices (mapping);

  • - To quick and safely inform and alert the first aiders through a push notification;

  • - To get the best itinerary to reach the Victim or the Situation (mapping);

  • - To establish a communication through video, call or sms (photos and texts) in real-time with a simple touch thanks to a live-photo and live-video system and inform therefore emergency services;

  • - To be accompanied in his first aider action and follow the progress of the operation from the beginning to the end;

  • - To control the flows of persons in case of serious risk;

  • - To build a database of rescue devices (defibrillators, access hours, ...)

 

The Application implies:

 

  • - «Push notifications»: these are alert messages sent to the User who has installed the Application on his mobile phone or compatible tablet (Note: «push notifications» are sent and reported to the User even if the Application previously installed is closed.

  • - A geolocation system: it allows to geolocate the User of the Application and/or the Victim or the Situation in real-time;

  • - An interactive interface: it allows the User to be aware of the situation, to communicate with the operator in charge of the delivery of assistance, to indicate him his intention to deal with the Victim or to go to the places of the emergency situation and allows to follow the first aider in real-time.

 

ARTICLE 3 – Push notifications

 

Push notifications are warning messages sent to smartphones or tablets of Users after geolocation data are taken into account by the Application, after the selection of the closest Users and the selection of the skill level of Users who are the most able to act.

 

Push notifications allow the acknowledgement and the response of alerted Users availability, for example by reporting the distance and the time of the route required to reach the intervention place.

 

The use of the Application feature called «push notification» requires the prior consent of the User. For this the User must turn on the feature «notification» in his mobile device settings and accept that the Application could use it. This feature can be turned on or off at any time and toll-free.

 

Thanks to the acceptance of the notification feature the User can receive messages for information purposes (in the form of sounds or texts) even if the Application «SAFETYGO» is closed.

 

ARTICLE 4 - Application availability

 

To access and use the Application the User must have:

  • A compatible telephone or a compatible mobile terminal such as:

oMobile phone Iphone® (Apple®) having the operating system iOS (iOS 9.x or a more recent version)

o Mobile phone having the operating the system Android® OS

4.4.x or a more recent version

  • An access to Internet

  • An access to geolocation

 

The Application is accessible 24 hours a day, 7 days a week except in case of force majeure or the occurrence of an event beyond the control of RESILIENCE and on condition of possible outages and maintenance works for the good Application operation. Maintenance works can be carried out without notification to users.

 

The society RESILIENCE:

- Can not be held responsible of the impossibility to access to the Application for whatever reason

- Can not be held responsible for whatever reason if the Internet connection is interrupted

 

ARTICLE 5 – Financial conditions 

 

The Application is downloadable for free from the platforms «Apple Store» et «Google Play Store».

 

The Application is provided for free to users excepts for subscriptions costs  to mobile operators, except for connection costs and except for possible extra cost for data loading.

ARTICLE 6 – Obligations for the User

 

6.1 Intended Use

The User explicitly agrees:

  • To download the Application on his support for strictly personal and non-commercial use, not-for-profit (direct or indirect);

 

  • Not to replicate, on a temporary and/or final basis, the entire or part of the Application whatever the content, and/or the features whatever the purpose or transmission modality;

  • Not to impede or obstacle the work of the Services, the Platform operation or refuse to comply with the required conditions, the proceedings, the general rules or the applicable regulations;

 

  • Not to download, send, transmit in any way any illegal content, any publicity, any unsolicited or unauthorized promotional material as well as any computer virus, code, file or program configured for interrupting, destroying or limiting the  Services or Platform operation;

 

  • Not to attempt to mislead other users by usurping other people’s names or corporate names;

 

  • Not to undermine the rights of third parties, in particular intellectual property rights, rights of persons (especially committing acts that could be qualified as defamation, insult, injury and/or denigration), right to privacy (right to one’s image included), to public policy and decency (especially committing acts that could be qualified as crimes against humanity, crimes of instigation hatred on national or racial grounds, or pornographic) and, more generally, laws and legislation in force;

 

  • Not to sell, assign, sub-license or distribute in any way the Application and/or the content to third parties;

 

  • Keep confidential his username and password to prevent the use of the account by any third party or another User.

 

Any violation of one of the above-mentioned restrictions can engage the civil or criminal responsibility of the User and lead to the immediate and definitive cancellation of his subscription to the Application.

 

The Application use by the User must expressly be done in accordance with texts and legislation in force and in accordance with the rights of third parties, especially the right of the Victim, such as her right to property, to life, to dignity (non-exhaustive list).

 

6.2 Sincerity and accuracy of information

 

The User of the Application will fill in a sincere and accurate manner all the fields of the Application that concern him (complete identity with name, surname, age, professional situation and telephone number) and concerning his diplomas or any other document attesting his capacity to act in case of warning notification.

 

The responsibility of RESILIENCE, or any service owning the platform SAFETYGO, will not be engaged in case of incomplete, inexact or false declarations of the User.

6.3 Absence of the right of withdrawal

In accordance with the dispositions of the article L. 121-20-2 1 of the Code of Consumption, the User acknowledges and expressly accepts (i) that the provision of the Service begins from the download of the Application and the validation of his subscription to the Service before of the end of the period of seven clear days provided by the Code of Consumption and (ii) acknowledges and  accepts not to benefit from the right of withdrawal related to distance or online sale.

ARTICLE 7 - Guarantees and Responsibilities of the editor

 

7.1 Availabilty of services

 

Services are normally accessible 24 hours a day, 7 days a week except for the interruption, planned or not, because of maintenance works, technical reasons, content improvement, optimization of the  Platform or Services use or in case of force majeure.

 

The User declares to dispose of the skills, the supports and the programs required for Internet and to know the use, especially the limitations about technical performances, response time and the risks related to safety communication.

 

Therefore RESILIENCE does not guarantee that the Services will be free of anomalies, errors or computer bugs.

 

Being subjected to an obligation of means, RESILIENCE can not be held responsible of any direct or indirect damage of any nature whatsoever resulting from an unavailability of the Services.

 

Finally, RESILIENCE can not take on the connection costs and in general all the communication costs generated by the access of Services and their use.

 

7.2 Use of services

 

Despite having completed all the procedures and taken precautions to assure the reliability of the information in the Application, RESILIENCE can not be held responsible for a bad use of the Application by the User or for negligence.

 

RESILIENCE has only an obligation of means and can not be held responsible for any result in the use of the Application.

 

RESILIENCE can alert Users on a discretionary basis, depending on their qualification level: the aim is to send to the Victim or on the place of the emergency situation the most suitable person to act or to inform the rescuers.

 

The preliminary intervention of the User does not exempt professional rescuers of a complete medical diagnosis of the Victim. Therefore, professional rescuers previously called must normally take care of the Victim.

 

Professional rescuers have full responsibility for their acting as health professionals and can not turn against RESILIENCE if the intervention or any other acting of the Application User causes any prejudice to them or to the Victim.

 

In any case RESILIENCE, or any service owning the platform SAFETYGO, can not be held responsible of any direct, indirect, material and/or immaterial prejudice caused to the Victim or any other person who was in the place of the emergency situation. The User can not invoke the warning notification sent by the Application or its content to exempt himself from the responsibility.

 

7.3  Use of information

 

The User acknowledges that the Application has the only purpose to alert and its content is of an informative nature, not presuming the actual or future health condition of the Victim or the emergency situation.

 

RESILIENCE does not guarantee the accuracy, the completeness, the exhaustiveness and the relevance of the provided information. The Application content does not deal with the entirety condition of the Victim and the situation in which the Victim and/or the User are.

 

RESILIENCE has no control over the User or the interpretation that the User gives about the information appearing on the Application concerning the Victim or the emergency Situation. Any use or interpretation of information appearing on the Application is User’s responsibility.

 

Despite having completed all the procedures and taken the precautions to assure the reliability of information in the Application, RESILIENCE can not be held responsible for errors, omissions or results obtained for a bad use or a bad comprehension of the information in the Application or a negligence by the User.

 

The information appearing on the Application do not replace the opinion, diagnosis or prescription of an health professional.

 

The information relayed by the Application can not serve in any case as a basis for the User to take any medical decision, settling for providing firs aid to the Victim or reporting the state of the emergency Situation as a witness, waiting for the intervention of health professionals and professional rescuers.

 

Any information provided by the Application derived from the information relay previously transmitted to the services owning the platform SAFETYGO. RESILIENCE can not be held responsible in any case for damages, losses of any nature included an information error, an information delay, a loss of opportunity that are behind infirmities, sequelae or death (non-exhaustive list).

 

More generally and in the limits permitted by the legislation, in any case RESILIENCE or the services using the platform SAFETYGO can not be held responsible of any indirect and/or immaterial prejudice such as the loss or destruction of data, the loss of real or eventual profits and benefits, whatever the cause and the basis, whether RESILIENCE or the services using the platform SAFETYGO have been informed or not about the possible realization of such damages.

 

7.4 Technical constraints

 

The Application works with the mobile terminals using the operating systems Apple iOS and Android.

 

RESILIENCE does not guarantee the absence of computer bugs, inaccuracies, errors or other harmful elements. The Application depends on the mobile and internet network to work. Therefore the warning notification system can only work if subject to the availability of the network. RESILIENCE declines all responsibility in case of network unavailability.

 

7.5 Suspension and/or cancellation of the subscription 

 

Without prejudice to any damages or interests that RESILIENCE could seek, RESILIENCE reserves the right to suspend the access of an User to the Service and/or cancel in its own right, without notice or compensation, his subscription to the Service in case of non-compliance of the present GCU by the User and especially:

  • Non-compliance of intellectual property rights;

  • Provision of false information at the time of his subscription to the Service;

  • Acts against the interests to RESILIENCE.

 

ARTICLE 8 – User Responsability

 

8.1 Information

 

The interpretation and use of information and documents available on the Application are under the sole responsibility of the User who assumes responsibility for all the consequences.

 

The information available on the Application concern the condition of the Victim and/or the emergency Situation state and their location as they are transmitted to the services using the platform SAFETYGO and relayed by these services to the User through the Application.

8.2 Application use

In general, the User is committed to take all the risks related to the Application use, so that the responsibility of RESILIENCE can not be held for any prejudice or damage of any nature whatsoever resulting from the use of the Services and/or their contents by the User.

The Application use is done under the sole responsibility of the User and at his own risk.

 

The User in the only responsible of any damage or prejudice caused by his intervention after a warning notification.

 

8.3 Conditions of access to the Service

 

The User acknowledges his legal capacity to accept the present GCU, that is an adult as defined by law and is not under guardianship or trusteeship.

 

ARTICLE 9 - Intellectual property rights

The Application is the property of RESILIENCE SAS with capital of 77 900,00 euros, whose head office is located in 35, rue Pré Gaudry, 69007 LYON, SIREN : 809 385 412.

 

The Application and every element that composes it are the exclusive property of RESILIENCE SAS in accordance with the provisions of the Code of Intellectual Property (copyrights, rights related to patents, trademarks, designs and models, logos).

 

The integrity of the Application «SAFETYGO» is protected by the international and French legislation related to intellectual property. Any reproductive and representation right is reserved, included the downloadable documents.

 

All the texts, graphics, icons, photos, plans, logos, videos, sounds, brands and more generally all the elements composing the Application and the platform SAFETYGO can not, in accordance with the articles L122-4 and L341-1 and following of the Code of Intellectual Property, be subject to any total or partial representation, reproduction, exploitation or extraction, whatever support it is, without the prior and express agreement of the society RESILIENCE.

The provision of the Application as well as the present GCU can not be considered as a transfer of ownership in the profits of the User.

 

The society RESILIENCE grants to the User only the personal right of the Application, contents and services use. This right is revocable, non-exclusive, non-assignable and non-transferable.

 

The use is done only for the needs of the User in accordance with ARTICLE 2 - Description of the Application, with the exception of any other purpose.

 

The present licence does not confer any right of use of the content to the User. The User is prohibited from reproducing, representing, adapting and/or exploiting the contents.

 

It is strictly forbidden for the User to access and/or use the source codes of the Application and/or software components of the Application. The User shall not obtain any intellectual property rights of the Application, the content and/or the services or any other right than the ones that have been conferred by the present GCU.

 

The User explicitly agrees that the Application use does not violate in any cases the rights of RESILIENCE SAS and especially that this use does not constitute an act of counterfeiting, unfair or parasitic competition of the Content.

 

The society RESILIENCE can stop the use of the Application at any time.

 

At the time of the Application stop, the rights and licences accorded to the User will be cancelled and he will have to stop any use of the Application.

 

The User is not authorized to decompile or disassemble the Application, reproduce, represent, modify, translate, adapt, totally or partially, with the prior agreement of RESILIENCE.

 

The non-compliance of this interdiction will constitute an act of counterfeiting that could engage the civil and criminal responsibility of its author. The society RESILIENCE reserves the right to institute legal proceedings against any person not respecting the law.

ARTICLE 10 - Personal data processing

The information and personal data reported by the User subject to a computer processing and they are temporarily retained by RESILIENCE.

 

The information ans personal data are used by RESILIENCE for the good operation of the Application and to inform the User about the activity of his account and of the Application.

 

10.1  Collection of personal data

Personal data that are collected are:

 

  • At the time of the creation of the User account, name, surname, city, telephone number, e-mail address, date of birth and level of qualification in terms of first aid (nature of the diploma(s) and date of obtaining);

  • At the time of the use of the Application, it registers his connection, use and location data.

  • During an intervention, texts and photos communications between the User and the emergency service subject to a temporarily retention.

 

All the collected data subject to a temporarily retention.

 

10.2  Retention period of personal data


Collected personal data are retained until the cancellation of the account by the User. However, the retention period of personal data related to archived interventions is 36 months.

10.3  Retention place of personal data

Data collected through the Application are retained by:

OVH

SAS with capital of 10 069 020 €

RCS Lille Métropole 424 761 419 00045  APE Code 2620Z

N° TVA : FR 22 424 761 419

Head office : 2 rue Kellermann - 59100 Roubaix – France

 

10.4 Right of access, rectification or cancellation of personal data

In accordance with the Law known as “Information technologies, data files and civil liberties” of January the 6th 1978, the User has the right of access, rectification and cancellation of his personal data, that he can exercise by accessing the section “Contact Us” on www.permisdesauver.info or sending an e-mail to the following address contact@permisdesauver.fr or by post to the following address: RESILIENCE, 35 rue pré Gaudry, 69007 LYON.

 

The User must specify name, surname, age, e-mail address, his telephone number and his username.

 

The User will have to join in his demand any element allowing to accurately identify him. The reply will be provided within a maximum period of 1 month following the reception of the demand.

 

10.4  Use of personal data

Personal data collected from Users are aimed at provision of the Services, their improvement and at maintaining a safety environment. More specifically the uses are the following:

 

  • Access and use of the Application by the User;

  • Operation management and optimization of the Application;

  • Verification, identification and authentication of data transmitted by the User;

  • Prevention and detection of frauds, malwares and safety incident management;

  • Management of possible disputes with users;

  • Contact the Users;

  • Send notifications to Users

 

10.5  Sharing of personal data with third parties

 

Personal data could be share with third societies or public establishments in the following cases:

 

When RESILIENCE provides the Application to emergency services to send intervention notifications. These emergency services dispose of a limited access to User’s data, in accordance with the use of these Services and have a contractual obligation of using them in accordance with the provisions of the regulation applicable in terms of personal data protection;

 

When RESILIENCE uses providers services to provide the assistance to Users. These provisions dispose of a limited access to User’s data, in accordance with the use of these Services and have a contractual obligation of using them in accordance with the provisions of the regulation applicable in terms of personal data protection;

 

If required by law, RESILIENCE reserves the right to transmit data to respond to complains presented against the Application and follow the judicial  and administrative procedures;

 

If RESILIENCE is involved in a merge or acquisition operation, in a transfer of assets or in a court-supervised administration procedure it could be required to transfer or share totally or partially its assets, included personal data. In this case, users will be informed before the personal data are transferred to a third party.

 

10.6  Personal data privacy

 

RESILIENCE uses Google Analytics to analyse its audience and improve its content. The personal data collect through 

Google Analytics used in the Application aims to analyse users behaviour in the Application in order to measure their audience and improve their performance.

 

Google Analytics uses third-party cookies in order to distinguish the users. Cookies are text files installed in visitors terminals. They do not contain any personally identifiable information, only usernames randomly created.

 

By browsing the Application, the User gives is express agreement for personal data collected by Google Analytics to be treated to analyse users’ behaviour with a view to improving the performance of the application.

 

RESILIENCE implements organisational measures, software techniques in terms of digital security to protect personal data against alterations, destructions and non-authorized accesses. However, it is noted that internet is not a completely safety environment and RESILIENCE can not guarantee the safety of the transmission or the retention of information on internet.

 

10.7  Responsible of personal data treatment


Personal data are collected by RESILIENCE SAS, head office located in 35, rue Pré Gaudry 69007 Lyon.

10.8  Data Protection Delegate

The Data Protection Delegate (DPD) is in charge with assuring the compliance of the Services with the General Data Protection Regulation (GDPR), EU legal framework, and coopering with the supervisory authority. You can contact him by post at the following address: RESILIENCE, Délégué à la Protection des Données – 35, rue Pré Gaudry 69007 Lyon.

ARTICLE 11 - Rights of database producer

 

RESILIENCE is the producer of the database constituted by the application in accordance with articles L.341-1 and following of the Code of Intellectual Property. Any extraction or use of the content of the database not expressly authorized can engage the civil and/or criminal responsibility of its author.

 

ARTICLE 12 - Applicable law

 

The present Application, the modules, the conditions of use are governed by French law, whatever is the place of use. This is so for the substantive and formal requirements, notwithstanding the places of execution of substantial or accessory obligations.

 

In case of a possible dispute, and after attempts have been made to seek an out-of-control settlement, only Lyon jurisdictions will be competent for the dispute.

ARTICLE 13 - Legal notices

 

The Application in edited by: SAS RESILIENCE, 35 rue pré Gaudry, 69007 LYON, SAS with capital of 77 900,00 euros - RCS LYON 809 385 412.