CONDITIONS D’UTILISATION DE SYMBIOSIS

To use Symbiosis services, you must agree to the terms and conditions detailed below. By accepting these terms and conditions, you enter into a legally binding contract with Symbiosis. We encourage you to read the terms and conditions carefully.

 

DATA INTEGRITY

Our Privacy Notice sets out in general terms what personal data we collect from you, how we use that data and where we store it. The Privacy Notice also sets out in detail your data protection rights and establishes who can access your data, how to get help and how to change your settings. You should read the Privacy Notice before registering.

 

CREATION AND MANAGEMENT OF A USER ACCOUNT

To use our application, you must first create a user account. To do so, we need certain information from you, such as your username, email address and activity level. During the creation of your account, you are also asked to provide information that will enable the functionality of the service provided (date of birth, gender, height, weight, elements concerning heart rate, level of physical activity). We request this information in order to be able to provide you with the most accurate training data possible, as your personal details possibly a better word here, such as your age and heart rate, affect various calculations we provide you with, such as calorie removal. We consider the data you provide to us to be correct.

When you register, we verify your e-mail address and ask you for authorisation for certain data processing actions, in accordance with the legislation in force: authorisation to process personal information, authorisation to process sensitive personal information (see the section Processing Sensitive Personal Data). Symbiosis’ servers use the Firebase platform for hosting its users’ data.

If you are a minor, we require the permission of a parent or guardian to create your account and invite a third party to challenge, or to add you to your friends list. Within the framework of the laws protecting minors specific to each country, Symbiosis disclaims all responsibility for a lack of authorization from parents or legal guardians.

Once your account is created, you can take advantage of Symbiosis services and modify the data you provided during registration by selecting “My Profile” from the application menu.

If, at any time, you wish to stop using our services and permanently delete your account, you can do so either directly in the application or by requesting assistance from our Customer Service. Please note that closing your user account will result in the deletion of all your information and data which cannot be retrieved and used afterwards. Symbiosis does not keep or sell any data following the deletion of an account.

 

DISCLAIMER

The Symbiosis Services and the user content they contain are provided by Symbiosis on an “as is” and “as available” basis. Symbiosis does not guarantee that its services will be uninterrupted or free of errors or viruses. Symbiosis reserves the right to revise, withdraw access to, or discontinue providing its services to you at any time without notice. Symbiosis expressly disclaims all warranties, express or implied, including, without limitation, warranties of title, non-infringement, fitness for a particular purpose, availability, accuracy, reliability or content of the Symbiosis services. You acknowledge and confirm that use of the Symbiosis Services is at your own risk and that you are exposed to User Content from a variety of sources. Symbiosis accepts no responsibility for any user content or information provided by other users of the Symbiosis Services.

In order to respect human dignity as well as non-differentiation, Symbiosis provides a system of denunciation (Report Abuse) during a game allowing you to inform our customer service of an abuse that will immediately end the game. Symbiosis will then make every effort to ban the said user and provide the competent legal services with the various necessary information in accordance with the law. Symbiosis is committed to respect for human dignity, respect for others and discrimination.

Except for liability for death or personal injury or damage due to malice or gross negligence, Symbiosis, its affiliates, officers, directors, employees and agents shall not be liable for any direct, indirect, incidental, special, punitive, consequential or other damages, loss of profits, turnover, goodwill, anticipated savings or data, caused by the use or inability to use the Symbiosis Services even if the risk of damage has been reported.

The user is invited to check that there are no contraindications to the practice of sport and that he has an environment that allows him to practice physical and sporting activity in complete safety. In case of doubt, the user is required to consult a health professional. Failing this, Symbiosis cannot be held liable.

 

USER RESPONSIBILITIES

You are responsible for the way you use Symbiosis services. You agree to defend, indemnify and hold harmless Symbiosis, its affiliates, officers, directors, employees and agents and other users from and against all third party claims and all costs, liabilities, losses, or damages arising out of or in connection with: your breach (actual or alleged) of these Terms and Conditions, any intellectual property, other rights or privacy of a third party.

Symbiosis is responsible to the licensee for the ease of use of the application, up to the interface of the central internet network. Symbiosis shall not be liable for the licensee’s basic IT infrastructure, such as Internet connections, media used, operating system versions or the proper functioning of other software. Maintenance and support for the media used is not part of this agreement.

 

RESPONSIBILITIES OF THE USER RELATED TO THE VIDEO / SOUND INTERCONNECTION

Code of Conduct :

  • Content, elements or actions that violate these terms and conditions are not permitted. By agreeing to these terms and conditions, you are obliged to comply with the following rules:
  • Don’t break the law.
  • Do not engage in any activity that exploits, harms or threatens to harm children of any kind.
  • Don’t send spam. Spam refers to unwanted or unsolicited e-mails, postings, contact requests, sms (text messages) or instant messages.
  • Do not publicly post or use the services to share inappropriate content (e.g., relating to nudity, bestiality, pornography, any creed or religion, offensive language, violence or criminal activity).
  • Do not engage in fraudulent, misleading or deceptive activities (e.g., asking for money under false pretenses, impersonating someone else, using the services to fraudulently increase the number of authorized readings or to falsify ratings, notes or comments).
  • Do not intentionally circumvent restrictions on access to or availability of services.
  • Do not engage in activities that would be harmful to you or to the Services or to others (e.g., spreading viruses, harassment, publishing terrorist or violent extremist content, hate speech, calls for violence against third parties).
  • Do not infringe the rights of third parties (e.g., unauthorized sharing of music or other copyrighted content, resale or other distribution of maps or photographs).
  • Do not engage in activities that violate the privacy rights of others.
  • Do not help anyone to break these rules.
  • If you breach any of the obligations set forth in the above section or otherwise violate these Terms, we may take action against you including (without limitation) discontinuing the Services or closing your Symbiosis account immediately for cause or blocking the sending of any communication (e.g., e-mail, file sharing) to or from the Services. We also reserve the right to remove or block your content from the Services at any time if we believe it may violate applicable regulations or these Terms. In investigating suspected violations of these Terms, Symbiosis reserves the right to review your content in order to resolve the issue or refer the matter to appropriate legal authorities. However, we do not control the Services and do not seek to do so.

 

PRIVACY NOTICE

USE OF SYMBIOSIS SERVICES

Symbiosis services are only compatible with iOS 12 or later, WatchOS 5 or later and iPadOS 12 or later.

When you use Symbiosis services, we may collect certain information about you. This personal information is used only to provide you with the service in question, and for no other purpose. Symbiosis does not disclose, give or sell your information to anyone, unless required by law. We may use certain data for research and development purposes to improve our services. In this context, we always use the data in a completely anonymous form. In other words, the data used does not contain any means of personally identifying our customers.

Symbiosis is a young company with customers all over the world, which is why there is a possibility that your data may be transferred outside your home country. Your data is stored on servers of the Symbiosis ecosystem hosted on the Firebase platform. Your email address or username may be transferred outside the EU/EEA to our service provider’s servers for the purpose of generating automatic notifications or error reports. Even in this case, the service providers do not have access to your data.

We only transfer data for the purpose of providing you with the requested service. In this context, your data will not be disclosed or transferred to any third party. They remain your property and remain under the control of Symbiosis.

 

PROCESSING OF YOUR PERSONAL DATA

When you create a user account to access Symbiosis Services, we ask you for certain personal information (for example, username, e-mail address, gender, date of birth and all items related to heart rate). This information is necessary in order to provide you with a personalized experience when using our services. For example, we use your age to provide you with a more accurate calculation of calories burned and heart rate during your session. We rely on the fact that all the information you provide is correct.

Concerning the calculation of the maximum and average heart rate, Symbiosis allows you to modify the data, if necessary, according to your knowledge. We remind you that Symbiosis uses a calculation method, a general formula, described in the “Information” section and that it is by no means an exact and precise element for each user.

We may collect information about you when you use Symbiosis services or contact our Customer Service department. If you only subscribe to the Symbiosis newsletter, we will only ask you for one piece of information: your e-mail address.

We process your personal information only for the purposes listed in this Privacy Notice and for use in connection with a specific service. You may also contact our Customer Service department for more information on the processing of personal data in connection with each service.

When you use Symbiosis products or services, we collect information about you and may combine it with other personal data already in our possession, if it was collected for the same purpose. If we have collected information about you for other purposes, we will not combine your information. In addition, we may use your personal information to ensure the proper operation and security of the Symbiosis services, to verify your identity, or to investigate fraud or other misuse of the services. We may also process your information as part of our research and product development activities. We continually strive to develop new features and improve our existing offering. In these activities, your information is always anonymous and not personally identifiable.

When you use our services that are subject to a fee, we may record your payment card information, with your permission, to facilitate future payments. This information is stored in an encrypted format within a third party system. We carefully select our service providers and ensure that they meet all industry-standard requirements to ensure secure and reliable data processing. When processing your payment information, we comply with the applicable legislation as well as the terms and conditions of use set and monitored by the payment service providers.

If you wish, you can also share information related to Symbiosis services to systems or services offered by third parties, such as social networks. Symbiosis is not responsible for information transferred outside of its own systems or for the accuracy of such information. The information security and privacy practices of each service provider apply to such information.

 

SAFETY

The communication of personal data, whether face-to-face, by telephone or over the Internet is never without risk, and no technology or system can claim to be completely secure and protected against falsification and hacking. Symbiosis takes all necessary precautions to prevent unauthorized access to or misuse of your personal data. For example, Symbiosis uses encryption and firewall technologies when collecting personal data that is stored on secure servers. In the event that the Symbiosis site supports online transactions, it ensures the security of these transactions and the protection of confidentiality through security measures that comply with industry standards. To ensure that your credit card information and other personal data transferred as part of the purchase process is appropriately secured against interception by a third party, we use industry-standard security measures, such as SSL authentication.

 

PROCESSING OF SENSITIVE PERSONAL DATA

The majority of Symbiosis services work with data collected through our application. Some of the data collected (such as heart rate data) is of such a nature that we must ask for your permission to collect or process it. We will ask for your specific permission for each service that processes data of a sensitive nature.

The data used to calculate your Maximum Heart Rate (Max HR) is only used to provide, in the “Summary” part of the application, a curve of your heart rate during each session. These heart rate curve summaries are only recorded to allow you to compare and to give you the possibility to observe your progress or the right intensity to respect during your session. The user is the only one who can refuse or accept the recording of his different heart rate curves. He can delete them or keep them according to his will.

 

RECORD KEEPING AND ACCURACY OF INFORMATION

We want to keep our database up to date. That’s why we regularly delete unnecessary and outdated personal information. We only keep data for as long as it is necessary to achieve the purposes for which it was collected or in accordance with the applicable law. For more information on retention periods, you can contact us using the contact details provided below.

Some Symbiosis services also allow you to manage your personal information yourself. We recommend that you occasionally check the accuracy of your information and correct it if necessary. You are responsible for the accuracy of the information you provide.

 

YOUR RIGHTS

You always have the right to access your personal information. Some of our services allow you to access it directly. Otherwise, our Customer Service department can help you or provide you with a copy of the personal data we hold about you. You have the right to know what information about you has been collected, how it is used and to which parties, if any, it has been disclosed. To verify your identity in order to comply with your request, we may need to ask you for additional information.

Symbiosis is authorized to process your personal information if it serves a legitimate interest. In some cases, we use this legal basis for our research and development activities, because we want to constantly develop and improve our services. You have the right to object to the processing of your personal information for these purposes. However, your right to object is not absolute. The data used for our research and development work is anonymised and does not identify you personally. This type of anonymized data processing is essential for Symbiosis. It enables us to develop and offer you the best possible functionality and to remain at the forefront of technology.

You always have the right to refuse direct marketing. If you no longer wish to receive emails from Symbiosis, please click on the “Unsubscribe” link in each of our communications and follow the instructions. If you have created a user account, you can unsubscribe from our e-mails directly via our service. Symbiosis will not provide or share any mailing lists to third parties for promotional purposes. Service related e-mails (to confirm a purchase, etc.) generally do not offer an unsubscribe option, as they are necessary to benefit from the service you have requested. Such e-mails also include notifications about changes to our Privacy Notice and Terms of Use.

You have the right to correct or delete any information about you, either by doing so yourself directly through Symbiosis Services or by sending a request to our Customer Service. When you request the deletion of your data, we will delete your user IDs, as well as all information and data about you. This includes data from all Symbiosis Services you have used. Deleted data is not recoverable. Once we delete your information, you will only be able to use the service by creating a new user account. Some of your data, such as information related to your purchases, will be retained for a certain period of time in accordance with the mandatory provisions of applicable law.

The law allows you to refuse profiling and automatic decision making. However, Symbiosis does not engage in the type of profiling to which the law refers. We also do not make automatic decisions related to your person or behavior. You may also request that the processing of your information be restricted, even when you have prohibited the processing of your data and the assessment of the legal basis for the processing of your information has not been carried out.

We ask for your consent for some of our services, only if it is necessary for the provision of the service in question. You have the right to withdraw your consent at any time. To do so, access the service concerned. Please note that, in some cases, withdrawing your consent will prevent us from providing the service to you.

You have the right to obtain, in a computer-readable format, the information about you contained in Symbiosis systems, when the processing of your data is subject to your consent or the execution of a contract.

You may also request the transfer of your information to a third party. Symbiosis is not responsible for the ability of the third party’s system to process the information in the format used for the transfer.

If you suspect misuse of your data, you can lodge a complaint with the Data Protection Ombudsman or a similar authority. The contact details of the various data protection ombudsmen, sorted by country, can be found on our PRIVACY FAQ page.

 

COOKIES

Our website uses cookies. You can learn more about this by reviewing our Cookie Policy.

 

USE OF CUSTOMER DATA FOR MARKETING PURPOSES

When you subscribe to a newsletter or subscribe to S services, we ask for your consent to receive marketing communications from Symbiosis. By giving your consent, you agree to receive various communications from Symbiosis, such as newsletters, information about new products and services, targeted social network advertising, targeted Net Promoter Score (NPS) questionnaires related to our marketing, etc. We may address certain communications to specific groups of users, for example, based on the devices they use. For example, other communications may be targeted to certain geographical areas.

You may withdraw your consent at any time to no longer receive marketing communications from Symbiosis or the Symbiosis Services. Once you withdraw your consent, your name will no longer appear on any Symbiosis marketing mailing list. Symbiosis does not give or sell any customer data to third parties.

 

ERROR LOGS

In order to always offer you the best possible service, even in the event of a problem, we keep error data (“error log”). When you synchronize your device with the Symbiosis service, the error log is copied to our server. Error log data is kept for a maximum of two months. This allows us to ensure that we have it available if you contact our Customer Service following the occurrence of an error or problem.

 

USERS UNDER 13 YEARS OLD

Our policy prohibits our customers under the age of 13 from making purchases or engaging in any other legal acts on Symbiosis websites without the consent of a parent or legal guardian. For example, a minor under the age of 13 may not create a user account linked to a Symbiosis service without prior authorization from a parent or guardian.

 

CHANGES TO THE PRIVACY NOTICE

This Privacy Notice was created on April 21, 2020. We may need to make changes to this Privacy Notice, in which case we will inform our customers by e-mail or through our services. If you have any questions regarding Symbiosis’ third-party services or products, please do not hesitate to contact our Customer Service. You will also find information about our privacy policy. If you have any questions or comments regarding Symbiosis’ privacy practices, please do not hesitate to contact us at no-reply@symbiosis-touch.com

 

PRICE LIST CHANGE

Symbiosis reserves the right to change the monthly cost of its subscriptions without the users’ permission.