The Yass Prize App End User License Agreement
This End User License Agreement (“Agreement”) is between you and The Yass Prize and governs use of this app made available through the Apple App Store. By installing the The Yass Prize App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the The Yass Prize App. In order to ensure The Yass Prize provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each post.
1. Parties: This Agreement is between you and The Yass Prize only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. The Yass Prize, not Apple, is solely responsible for the The Yass Prize App and its content.
2. Privacy: The Yass Prize may collect and use information about your usage of the The Yass Prize App, including certain types of information from and about your device. The Yass Prize may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the The Yass Prize App.
3. Limited License: The Yass Prize grants you a limited, non-exclusive, non-transferable, revocable license to use The Yass Prize App for your personal, non-commercial purposes. You may only use the The Yass Prize App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions: By using the The Yass Prize App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the The Yass Prize App does not violate any applicable law or regulation. Your access to the The Yass Prize App may be terminated without warning if The Yass Prize believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the The Yass Prize App, you agree to be bound by this Agreement in respect to your child’s use of the The Yass Prize App.
5. Objectionable Content Policy: Content may not be submitted to The Yass Prize, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. Warranty: The Yass Prize disclaims all warranties about the The Yass Prize App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, The Yass Prize, not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support: The Yass Prize does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, The Yass Prize, not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims: The Yass Prize, not Apple, is responsible for addressing any claims by you relating to the The Yass Prize App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the The Yass Prize App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims: The Yass Prize shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the The Yass Prize App. To the extent The Yass Prize is required to provide indemnification by applicable law, The Yass Prize, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the The Yass Prize App or your use of it infringes any third party intellectual property right.
The Company offers a platform The Yass Prize (hereafter, the “Platform”) to its users which have subscribed on the Platform and as such have a user account (hereafter, the “Users”). The Platform is available at the following url address https://yassprizemovement.org/.
The Company uses a solution called “Hivebrite”, which enables the import and export of user lists and data, the management of content and events, the organization of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind.
In this regard, as data controller, the Company is particularly aware and sensitive with regard to the respect of its Users privacy and personal data protection. The Company commits to ensure the compliance of the processing it carries out as data controller in accordance with the applicable provisions of the “Loi n°78-17 dated January 6, 1978, relative à l’informatique, aux fichiers et aux libertés” and the EU Regulation EU 2016/679 regarding data protection dated April 27, 2016.
ARTICLE 1. COLLECTED PERSONAL DATA
1.1 When subscribing on the Platform
When subscribing on the Platform, the User is informed that its following personal data is collected. The User commits to only provide accurate, exhaustive, and regularly updated data regarding its identity, its content and any information in general. Under no circumstances shall the Company be liable for any data that is illegal contrary to public order provisions.
In the event the User does not consent to the collection of the above-mentioned date, it shall be informed that it cannot have access to the Platform.
1.2 During the use of the Platform
The User may validly publish, at its own initiative, any content on the Platform which shall be kept by the Company.
The User commits not to publish any content which contains, including but not limited to, any remarks/images/pictures, contrary to application legislation and regulations, to
public order and good morals, or affecting the rights of third parties, including but not limited to:
- Identity fraud of a third person;
- Remarks/publish pictures or images that are violent, defamatory, offensive, malicious,
obscene, inciting to discrimination or hatred, racist, xenophobic, anti-Semitic, condoning or approving war crimes, inciting to committing a crime, offense, act of terrorism, or contrary to the security of minors;
- Counterfeiting the intellectual property rights of a third person;
- Commercial canvassing or elements that could be qualified as unfair competition.
In any event, Hivebrite shall not be liable for the content, accuracy, or up-to-date state of the information freely published by the User.
The User consents that, following the publication of the content, its information will become public on the Platform and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and the Company.
In most cases, Users post contents without previous moderation from the
Company. The Company does not alter the content or information of the User, except under exceptional circumstances. The Company reserves its right to freely delete or amend the content or information of the User, without prejudice to the Users.
The User is informed that the Company does not collect any particularly sensitive data within the meaning of applicable legislation and regulations.
1.3 Cookie data
The Company informs the User that Hivebrite, as well as its subcontractors, uses a tracking technology on its terminal such as cookies whenever the User navigates on the Platform.
A cookie is a message that, subject to the User settings, is sent to its terminal when the User navigates on a website. The aim is to collect data regarding the internet navigation of the User to send tailor-made services to its terminal (computer, mobile phone or tablet).
ARTICLE 2. THE PURPOSE OF THE DATA PROCESSING
The Company and its subcontractors collect, process and host personal data that are freely transferred by the User when accessing the services proposed by the Platform. The Company only collects and processes the User’s personal data for the purpose for the optimal implementation and use of the Platform that is put at its disposal.
ARTICLE 3. USER’S CONSENT TO THE COLLECTION OF DATA
The Company informs the User that no personal data within the meaning of applicable legislation and regulations shall be collected without the prior explicit consent of the User.
The Company and its subcontractors commit to a lawful and fair collection of the User’s data, in full transparency and in compliance with the rights conferred to the User pursuant to applicable legislation and regulations.
ARTICLE 4. LENGHT OF DATA RETENTION
The Company informs the User that the data is retained only during the length of the User’s subscription on the Platform.
In accordance with application legislation, cookie data will be automatically deleted thirteen (13) months following their placing on the User’s terminal.
ARTICLE 5. OBLIGATIONS OF THE COMPANY
As data controller and in accordance with applicable legislation and regulations, the Company commits to:
- Keep a processing register;
- Put in place all necessary technical and organizational appropriate measures in order
to ensure the security, confidentiality, integrity, availability and the resilience of the
process systems and services;
- Limit the access to the Users’ data to the persons duly authorized to this effect;
- Increase awareness and train staff members regarding the processing of personal
- Guarantee to the Users their rights regarding the access, portability, erasure, rectification and opposition in relation to the collection and processing of their data;
- Notify the competent supervisory authority of any security breach presenting a serious
risk regarding the rights and liberties of the Users within 72 hours of the occurrence of
such a breach;
- proceed with the deletion of the Users’ data in the event of an absence of any contact
with the Company for a period of three (3) years;
- Only subcontract the processing of the Users’ data to Hivebrite which, as subcontractor,
has put all necessary technical and organizational measures in order to guarantee the security, confidentiality, integrity, availability and resilience of the processing systems and services.
For any additional information on Hivebrite, you can consult the webpage available at the following address: www.hivebrite.com.
ARTICLE 6. EXERCISE OF THE USERS’ RIGHTS
The User is duly informed that it disposes at any time, meaning prior to, during or following the processing of data, to a right to access, copy, rectify, oppose, port, limit and delete its data.
In addition, in the event the User considers that its rights have not been respected, the User of which the personal data is collected can file a reclamation before the competent supervisory authority. For any additional information, you can review your rights on the websites of the competent authorities.
The competent supervisory authorities are listed on the following website:
ARTICLE 7. HOSTING OF THE USERS’ PERSONAL DATA
The personal data collected by the Company is hosted by the following service providers:
Nature of the hosting: Hosting of all data and content produced / provided by the User, as well as images, profile pictures and backups
Nature of hosting: Hosting of all data and content produced / provided by the User, as well as images, profile pictures and backups
ARTICLE 8. DATA BREACH
In case of breach of its systems, or theft, deletion, loss, alteration, disclosure, unauthorized access, or any other malicious act, the Company commits, in the event the said breach presents a serious risk regarding the rights and freedoms of the Users, to notify the Users, within a period of seventy two (72) hours as of the occurrence of the breach, of (i) the nature of the breach, (ii) the probable consequences of the malicious act, (iii) the appropriate measures proposed to remedy the malicious act. The malicious act presenting a serious risk regarding the rights and freedoms of the Users shall be notified to the competent supervisory authority.
The User is duly informed that the Company shall not be liable in case of breach of IT security which can cause damages to computer equipment, as well as in case of breach or malicious act by a third party targeting the system or the Platform.
ARTICLE 9. COOKIE MANAGEMENT CONFIGURATION AND OTHER DATA
The User’s consent is requested through a banner at the bottom of the Platform homepage.
In case of consent, the User’s internet navigator shall automatically transmit to the Company the data collected and detailed under Article 1.2.
The User is informed that the cookies and trackers will be automatically deleted following a period of thirteen (13) months.
The User may at all times configure its navigator in order to prevent the creation of cookie files.
However, certain functionalities of the services proposed by the Platform may not function properly without cookies. In addition, even if most navigators are configured by default and accept the creation of cookie files, the User has the possibility to choose to accept the creation of all cookies other than the functional cookies or to systematically decline them or to choose the cookies it accepts depending on the issuer by configuring the following settings:
• Internet Explorer:
- Click on the settings menu, followed by “Internet Options”;
- Under the “General” tab on the upper-left hand side, scroll down to “Browsing history”;
- Check the "Temporary Internet files and website files,""Cookies and website data," "History," and "Download History" boxes;
- Click on “Delete”;
- Close out of Internet Explorer and reopen it for changes to take effect.
- Click on your Tools bar;
- Click on “Preferences”;
- On the menu to the right, select "Privacy";
- Under the “history option”, there is a shortcut titled "clear your recent history", click on that;
- Select only the top four options and hit clear now.
- Click on “Safari” in the top left corner of the finer bar;
- Click on “Preferences”;
- Click on the “Privacy” tab;
- Click on “Manage Website Data”;
- Click on “Remove All”;
- Click “Remove Now”.
• Google Chrome:
- Click the Tools menu;
- Click on “More tools”;
- Clear browsing data;
- At the top, choose a time range.
- To delete everything, select “All time”;
- Next to "Cookies and other site data" and "Cached images and files", check the boxes;
- Click on “Clear data”.
NEW SECTION: In order to configure the data settings, please find below the recommendations of the Company:
A) Data collected for the following purposes: General data enabling the proper functioning of the Platform and the improvement of the services proposed by the Platform.
Settings: Data that is essential for the provision of services by the Company, non-configurable.
B) Data collected for the following purposes: Data regarding the management of payment services proposed by the Platform, delinquencies and litigation.
ARTICLE 10. PERSONS AUTHORIZED TO ACCESS THE USERS’ DATA
The data of the Users are accessible only to the persons duly authorized to do so by the Company for administrative or maintenance purposes of the Platform to the exclusion of any commercial use, and if applicable, in order to enforce the rights exercised by the Users regarding their data (in particular the right to access, rectify, oppose, port and to be forgotten).
The Company informs the User that, outside of hosting and payment services, it uses the following subcontractor:
- The company KIT UNITED for its HIVEBRITE solution, a French société par actions simplifiée with a capital of 284.280,00 Euros, registered with the Paris Companies register under the number 75339171300017, having its registered office at 8, rue de la Grande Chaumière, 75008 – Paris.