Terms and conditions of use of the mobile application Corsica Aventure

The purpose of these general conditions of use (hereinafter referred to as "T&Cs") is to determine the rules of use of the mobile application "Corsica Aventure" published by SAS MHIKES (N° SIRET : 802 843 227).

By installing Corsica Aventure on your terminal and/or by accessing Corsica Aventure, as a user, you unconditionally and unreservedly accept all of the T&Cs defined below. If you do not wish to accept these Terms, we ask that you do not access Corsica Aventure. Any use of Corsica Aventure must comply with these T&Cs.

Article 1. DEFINITIONS

Terms beginning with a capital letter within these T&Cs, whether used interchangeably in the singular or in the plural, will have the meaning given to them below:

"Corsica Aventure" refers to the software application "Corsica Aventure" published and provided by SAS MHIKES, giving access to the Services, which is available free of charge in the Apple "Apple Store" and the "Google Play Store” from Google to be downloaded by the User on their Apple iOS and Android device. Corsica Aventure also includes the Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that compose it, the updates and new versions that may be made to Corsica Aventure by SAS MHIKES.

"Content" designates, without this list being exhaustive, the structure of Corsica Aventure, the editorial content, the drawings, the illustrations, the images, the photographs, the graphic charters, the brands, the logos, the acronyms, the denominations social media, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within Corsica Aventure and/or any other component of Corsica Aventure.

“Services” refers to the various functionalities and services offered by Corsica Aventure.

"Site" refers to the official websites of SAS MHIKES whose address is as follows: https://mhikes.com/ 

"User" or "You" means an adult or minor natural person who has previously obtained the authorization of his parents or the person vested with parental authority, and who has downloaded Corsica Aventure for his own needs, within the framework of strictly personal and non-commercial use, without direct or indirect profit.

Article 2. PURPOSE OF Corsica Aventure

The purpose of Corsica Aventure is to give you access to walks, courses or hikes selected by SAS MHIKES. As part of the use of Corsica Aventure, the User will be offered the opportunity to discover elements located near the hiking trails presented.

Several Services may be offered to the User and in particular:

- Access to road and/or walking and/or cycling guidance functions throughout the trip with or without connection to a mobile network/internet via access to location whether in background or foreground ;

- Access to geolocated and dated message functions throughout the trip via access to location whether in background or foreground; 

- Access to the travel program purchased by the User; Details of the travel services purchased by the User;

- Access to a selection of points of interest/good addresses depending on the trip and the itinerary selected by the User;

- Access to general practical information on the country(ies) visited ; 

- If necessary, access to a section entitled "my documents" grouping the travel vouchers in PDF format ;

- Provide information such as video, sound, photo, quiz, games ;

- Thanks to geolocation, the user will be able to use the mapping aspect of the trip and the step ; 

This list is non-exhaustive and may be modified at any time without liability being engaged in this regard by anyone.

Article 3. ACCESS TO Corsica Aventure

To access and use Corsica Aventure, You must have a compatible phone or mobile device and Internet access.

Corsica Aventure can be downloaded free of charge from the “Apple Store” and “Google Play Store” platforms on the following mobile devices:

- Apple® Iphone® mobile phone with the iOS operating system. The last 3 versions of the operating system are supported;

- Mobile phone with the Android® OS operating system. The last 3 versions of the operating system are supported; The software version of Corsica Aventure may be updated from time to time to add new functions and services.

Article 4. GEOLOCATION

The use of the geolocation functionality of Corsica Aventure requires the express prior consent of the user to be geolocated. For this the User must activate, if he wishes, the geolocation function directly in the settings of his mobile terminal and accept that Corsica Aventure can use it. This functionality can, at any time, and free of charge, be deactivated or activated. Disabling the "Geolocation" function will no longer allow Corsica Aventure to operate.

Thanks to the acceptance of the GPS geolocation function of the mobile phone and Corsica Aventure, the User may use Corsica Aventure to be guided when calculating routes to reach the starting point and for guidance on the selected route. 

Thank to the acceptance of the policy privacy and location policy, Corsica Aventure can access the location of the User when the application is active and in background mode. It is necessary to be guided even if the application is closed    

Thanks to the acceptance of the geolocation function of the phone, the User will be able to receive geolocated messages throughout his trip 

Thanks to the acceptance of the location function, the User will be able to access a map of his trip and his step; 

Article 5. FINANCIAL CONDITIONS

Corsica Aventure is offered free of charge to Users, excluding subscription costs with the mobile telephone operator, excluding connection and Internet access costs and excluding any additional costs billed for loading data..

Downloading Corsica Aventure and using it require a connection to the mobile network and/or the Internet. In this situation, the costs, fees, subscriptions and taxes related to mobile and/or internet subscriptions are the sole responsibility of the User. SAS MHIKES can in no way be held responsible.

Article 6. APPLICATION OF THE T&Cs

The T&Cs are applicable to any User of Corsica Aventure and associated Services. The User is invited to read carefully and on each visit the T&Cs which are accessible by hyperlink from the "settings" menu of Corsica Aventure and may be modified at any time and without notice.

Corsica Aventure may be regularly updated. In this regard, any Application downloaded by a User has a limited validity in time, taking into account these updates to be downloaded imperatively and any technical, legislative or regulatory developments, of which SAS MHIKES has no control.

Article 7. INTELLECTUAL PROPERTY OF Corsica Aventure

%SAS MHIKES is the exclusive owner of all the intellectual property rights relating to Corsica Aventure and its Content, subject to the rights of the company Easy-Mountain whose license SAS MHIKES exploits.

Without prejudice to the provisions of article 7, none of the provisions of the T&Cs may be interpreted as an assignment, transfer, sale, concession, license, loan, rental, authorization to operate granted directly or indirectly by SAS MHIKES for the benefit of the User on Corsica Aventure, its Content and/or the Services.

Article 8. LICENSE OF USE

SAS MHIKES grants the User a personal right to use Corsica Aventure, the Content and the Services, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free of charge solely for its own needs within the framework of the use of Corsica Aventure and the Services, to the exclusion of any other purpose.

It is strictly forbidden for the User to access and/or use the source codes of Corsica Aventure and/or the software components of Corsica Aventure.

The User does not acquire any intellectual property rights over Corsica Aventure, the Content and/or the Services or any other rights than those conferred herein.

This license does not confer any right of use to the User on the Content. The User is therefore prohibited from reproducing, representing, adapting and/or exploiting either Content. The User expressly agrees that the use of Corsica Aventure does not in any way infringe the rights of SAS MHIKES, and in particular that this use does not constitute an act of counterfeiting, unfair competition or parasitic Content.

Article 9. OBLIGATIONS OF THE USER

The User expressly undertakes:

- to download Corsica Aventure on his equipment exclusively for personal and non-commercial use;

- not to permanently or temporarily reproduce Corsica Aventure, in whole or in part, by any means and in any form;

- not to use software or processes intended to copy the Content without the prior written authorization of SAS MHIKES;

- - not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor apply reverse engineering (or "Reverse Engineering") of all or part of Corsica Aventure, Services and/or Content;

- not to export Corsica Aventure, to merge all or part of Corsica Aventure with other computer programs;

- not to make short quotations, analyzes and reproductions intended for press reviews as well as other uses expressly authorized by law within the limits and conditions set by the latter and subject in particular to citing the names of the authors and the editorial source;

- to expressly waive the use of software or devices likely to disrupt the proper functioning of Corsica Aventure, nor to take any action likely to impose a disproportionate burden on the infrastructures of SAS MHIKES;

- not to extract or reuse, including for private purposes, without prior written authorization from SAS MHIKES, a substantial or non-substantial part of the content of the databases and archives constituted by Corsica Aventure;

- not to put in place systems likely to hack Corsica Aventure and/or the Content in whole or in part, or likely to violate these T&Cs;

- to inform SAS MHIKES as soon as they become aware of an act of piracy and in particular of any illicit or non-contractual use of Corsica Aventure and/or the Content, regardless of the method of distribution;

- not to sell, rent, sublicense or distribute in any way Corsica Aventure and/or the Content to third parties.

Article 10. PROTECTION OF PERSONAL DATA

Any personal data likely to be collected in the context of the use of Corsica Aventure will be processed and stored in accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and the regulations ( EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

The confidentiality policy of SAS MHIKES can be consulted on the web page https://media.mhikes.com/media/prod/content/rb4d/cgu_rb4d-en.html.

10.1. Personal Data and Other Information Collected

The personal data or other information about you that we may collect from Corsica Aventure fall into the different categories set out below:

Data that may be provided voluntarily when using Corsica Aventure

The sharing of personal data such as geolocation, photos, opinions, telephone number, etc. through social networks or other functionalities is the responsibility of the user. These uses must be given special attention by the user. The latter should obtain information, in particular by consulting the privacy policies of the platforms or services concerned before any sharing.

No data from these exchanges is stored or kept by SAS MHIKES.

You can contact us by email: stores@easy-mountain.com. The personal data collected during these exchanges will be processed for the purpose of taking into account and providing, if necessary, an appropriate response. This data will be kept for one year.

Data collected automatically when using Corsica Aventure

When you use Corsica Aventure, your mobile device automatically transfers various technical information to Corsica Aventure server, without action on your part.

This information is necessary for the correct operation of Corsica Aventure and allows you to access the services offered.

More specifically, the information concerns the following data:

Some of this information does not allow us to make a direct connection with a particular person, especially if it is not associated with your IP address, and is intended to ensure the quality of online services.

In the event that non-personal information is combined with personal information, this combined information will be considered, within the meaning of the privacy policies, as personal data, as long as this information remains combined.

In any event, at the end of the usage process, the data listed above is stored anonymously, i.e. without being combined with your IP address, in so-called "Logfiles ". Thus, the information stored in these files does not make it possible to determine your identity.

The data referred to in this section are collected and processed on the legal basis of the execution of a contract to which the person concerned is a party (here the user) resulting from the use of Corsica Aventure (art 6 1.b of EU Regulation 2016/679 on the protection of personal data, known as RGPD).

Implementation of User rightsIn application of the regulations applicable to personal data, Users have the following rights:

 Specific case "Firebase"

Corsica Aventure uses "Firebase Services" (hereinafter "Firebase") which is an analysis service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Firebase Performance Monitoring

"Firebase Performance Monitoring" allows us to evaluate the behavior of users of Corsica Aventure in order to improve its operation and make your use more pleasant. Firebase is a real-time database that we use for real-time data exchange and storage. As part of Corsica Aventure, user data is thus transmitted to Firebase.

Some Firebase services process personal data which is limited, in most cases, to "Instance IDs" with a timestamp. These Instance IDs assigned by Firebase are unique and allow you to link different events or processes. We process this aggregated data to analyze and optimize usage behavior, for example by evaluating crash reports. As these data are necessary for the performance of the service offered in the use of Corsica Aventure, the legal basis for this processing is Article 6.b of the RGPD.

For "Firebase Performance Monitoring", Google uses the "Instance ID", as described above, as well as the "Advertising ID" of the end device. In your mobile device settings, you can limit the use of the Advertising ID as follows:

For Android: Settings > Google > Ads > Reset Advertising ID.

For iOS: Settings > Privacy > Advertising > Limit Ad Tracking.

The following are types of data collected by Firebase Performance Monitoring in the configuration used for Corsica Aventure.

See the full list  of automated traces collected by Firebase Performance Monitoring.

Firebase Cloud Messaging

"Firebase Cloud Messaging" is used to transmit push-notifications or so-called In-app messages (messages that are only displayed in Corsica Aventure). A pseudonymous push reference is assigned to the mobile device, which serves as a target for push messages or in-app messages. You will find more information in the section "Voluntary user authorization: push-notifications" described below.

The data resulting from this process may be transmitted by Google to a server in the United States for evaluation and storage. In the event that personal data is transferred to the United States, Google declares to be certified under the "EU-US Privacy Shield Framework" agreement and to comply with the resulting obligations.

For more information on privacy protection at Google and Firebase, refer to https://www.google.com/policies/privacy and https://firebase.google.com/support/privacy/.

10.2. Application permissions on the mobile device Permissions

Permissions

Following the installation of Corsica Aventure, it may request access to the following features of your mobile device:

Camera: take photos and record videos

You can disable authorized access in the settings. It is possible that updates to the Corsica Aventure application will automatically add features within each group.

10.3. Exercise of rights

You have the right to access, rectify and oppose information concerning you, which you can exercise by sending a letter indicating your contact details (surname, first name, address and a valid identity document (CNI, passport)) to: Service client de EASYMOUNTAIN – 17 chemin des prés – 38240 MEYLAN

To find out more about your rights, you can also consult the website of the Commission Nationale de l'Informatique et des Libertés, accessible at the following address: cnil.fr

Article 11. AVAILABILITY OF Corsica Aventure

SAS MHIKES undertakes to make its best efforts to secure access, consultation and use of the Services of Corsica Aventure. Corsica Aventure is accessible 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond the control of SAS MHIKES and subject to any breakdowns and maintenance interventions necessary for proper operation. of the App. Maintenance interventions may be carried out without the Users having been notified in advance.

Article 12. LIMITATION OF WARRANTY

Access to and use of Corsica Aventure are at the User's own risk.
Corsica Aventure and software are provided "as is" and "as available" without warranty of any kind.

It is up to all Users to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any attack.

The User declares to know and accept the characteristics and limits of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network; problems related to connection and/or access to the Internet network and/or websites; issues related to network availability and congestion; problems related to network failure or saturation; issues related to transit time, access to information posted online, response times to view, view, query or otherwise transfer data; the risks of interruption; the lack of protection of certain data against possible misappropriation or hacking; the risks of contamination by any viruses circulating on said networks, etc. for which the responsibility of SAS MHIKES cannot be engaged.

SAS MHIKES cannot be held responsible:

- in the event of a defect, loss, delay or error in the transmission of data which are beyond its control;

- sending messages and/or data to a false, incorrect or incomplete address;

- if data does not reach him, for any reason whatsoever, or if the data he receives is illegible or impossible to process;

- in the event that the User is unable to access or use the Site, Corsica Aventure and/or the Services for any reason whatsoever;

- if, for any reason, the connection should be interrupted.

Furthermore, SAS MHIKES declines all responsibility in the event of misuse of the terminal and/or incident related to the use of the terminal when using Corsica Aventure. SAS MHIKES can in no way be held responsible for any damage, of any nature whatsoever, caused to Users, to their terminals, to their computer and telephone equipment and to the data stored therein, nor for the consequences that may arise from their personal, professional or commercial activity.

Article 13. CHANGES IN THE TERMS AND CONDITIONS

The applicable T&Cs are those in force on the date of connection and use of Corsica Aventure by the User.

SAS MHIKES reserves the right to modify, at any time, all or part of the provisions of the T&Cs without notice or prior information to Users in order to adapt them to changes in the Services, to technical, legal or jurisprudential developments or when the introduction of new services.

Any changes made by SAS MHIKES to the T&Cs will be brought to the attention of Users by simply posting them online. They are deemed to have been accepted without reservation by any User who accesses Corsica Aventure after said posting. SAS MHIKES therefore invites all Users to regularly consult the T&Cs.
Any new Service incorporating new techniques or new features improving the quality of existing Services will also be subject to these T&Cs, unless expressly provided otherwise.

Article 14. TERMINATION

SAS MHIKES may terminate the use of Corsica Aventure at any time by giving You notice of termination.

Upon any termination, the rights and licenses granted to You will terminate and You must cease all use of Corsica Aventure.

Article 15. CONTACT

Any question relating to Corsica Aventure and/or the Services must be sent by post to the following address:

- Service client de EASYMOUNTAIN – 17 chemin des prés – 38240 MEYLAN

ARTICLE 16. APPLICABLE LAW

These T&Cs are subject to French law.

Any dispute or dispute relating to the execution or interpretation of these rules which cannot be settled amicably between the parties will be submitted to the competent courts.

Terms and Conditions updated on 8 of august, 2023