General Terms of Use.
Article 1: Purpose
These General Terms of Use (CGU) legally govern the use of the services of the Purple application.
Forming the contract between the Purple company and the user, access to the application must be preceded by the acceptance of these CGU.
The use of Purple and its services is only possible under the condition of accepting these terms. By creating an account on the Purple application, you agree to comply with these general conditions of use. If you do not agree with the entirety of these terms and conditions, we advise that you should not register on Purple.
Article 2: Legal Notice
The Purple application is operated by Fairwik, registered in the RCS under the number 978 438 174 R.C.S. Paris, with its headquarters located at 9 RUE DES COLONNES, 75002 PARIS 2, Metropolitan France.
The web host for the Purple website and application is Akamai Technologies, 145 Broadway Cambridge, MA 02142.
The domain name for the Purple website is registered with OVH, 2 rue Kellermann, 59100 Roubaix.
Article 3: Access to the Application
The Purple application provides free access to the following services:
- Share photos and videos from your parties with other users.
- Security and prevention via a notification or SMS system in cases of Gender-Based and Sexual Violence.
- Enhance your relationships with other users during your parties.
- Provide statistics about the moments shared with your friends.
- Propose a notification system among friends to suggest taking themed photos or videos.
- Receive challenges from your friends or directly from the application. Users understand that these challenges are proposed as suggestions and do not represent any obligation.
The application is accessible for free from the Play Store and App Store by any user with an Internet connection. All costs necessary for access to the services (hardware, Internet connection, etc.) are the responsibility of the user.
Access to services dedicated to members is achieved using a username and password.
For maintenance or other reasons, access to the application may be interrupted or suspended by the publisher without prior notice or justification at any time.
Article 4: Data Collection
For the creation of a User account, the collection of information at the time of registration on the application is necessary and mandatory. In accordance with Law No. 78-17 of January 6 related to computing, files, and freedoms, the collection and processing of personal information is carried out respecting privacy.
According to the Data Protection Act of January 6, 1978, articles 39 and 40, the User has the right to access, rectify, delete, and oppose their personal data. The exercise of this right is carried out through:
The contact form on the Purple website https://purpleapp.ovh/
Their customer space.
The information requested when creating an account on our application is as follows:
- Email address;
- Password;
- Profile picture;
...
Article 5: Age Limit and Authorization
Purple grants access to its application for users over 18 years old only. Otherwise, the use of the Purple application is not authorized.
You are prohibited from using the application if you are a convicted sex offender.
You are also prohibited from using the application if your account has been previously banned by our moderators due to a violation of the CGU and our general policies.
Article 6: Prohibited Uses
You do not have the right to act against the law or incite others to do something illegal, non-consensual, or unauthorized by the application's usage policy.
You are not authorized to create derivative works or reverse engineer our source code and its components. Only a written authorization from our teams can allow this.
You are not authorized to share private or confidential information of another user without their consent.
You are not authorized to do anything that infringes upon another user's rights.
Article 7: Intellectual Property
The brands, logos, and the contents of the Purple application (graphic illustrations, texts, etc.) are protected by the Intellectual Property Code and copyright law.
The reproduction and copying of the content by the user require prior authorization from the site. In this case, any use for commercial purposes or for advertising is prohibited.
Article 8: Liability
Although the information published on the application is deemed reliable, the application reserves the right not to guarantee the reliability of the sources.
The information disseminated on the Purple application is presented for informational purposes only and has no contractual value. Despite regular updates, the application's liability cannot be engaged in the event of changes to administrative and legal provisions appearing after publication. The same applies to the use and interpretation of the information communicated on the platform.
The application disclaims all liability for any viruses that may infect the user's computer equipment after using or accessing the application.
The application cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.
The total guarantee of the security and confidentiality of the data is not assured by the application. However, the application commits to implement all required methods to do so as best as possible. In this sense, we reserve the right to delete, modify, or restrict any information or content that goes against the law and our T&Cs.
Although our application will always do its best to ensure security and stability, we cannot guarantee that our service will be flawless or without imperfection.
We will not be held responsible in the following situations: losses that do not result from a breach of these Conditions on our part or our actions; unpredictable losses for you and us at the time of accepting these Conditions; defamatory, inappropriate, obscene, illegal, or otherwise reprehensible content shared by third parties that you may encounter through our Service; and circumstances beyond our reasonable control.
Article 9: Hyperlinks
The application may contain hyperlinks. By clicking on these, the user will leave the platform. The platform has no control over and cannot be held responsible for the content of the web pages related to these links.
Article 10: User Publications
The Purple application allows members to post videos, photos, and written content, including, but not limited to, comments.
In their publications, members must comply with netiquette rules and current laws.
The application reserves the right to pre-moderate publications and may refuse to post them without providing a justification.
The member retains all intellectual property rights. However, any publication on the site implies the delegation of a non-exclusive and free right to the publishing company to represent, reproduce, modify, adapt, distribute, and broadcast the publication anywhere and on any medium for the duration of intellectual property rights. This may be done directly or through an authorized third party. This includes the right to use the publication on the web and mobile networks.
With each use, the publisher commits to mentioning the member's name near the publication.
The user is responsible for any content they post online. The user agrees not to publish content that could harm the interests of third parties. All legal proceedings initiated by an injured third party against the site must be taken over by the user.
The application may delete or modify user content at any time, for any reason, and without notice.
Article 11: Mobile Phone Use and Costs Incurred by Mobile Service Providers
You are responsible for all costs associated with mobile telephony incurred by accessing our Services. This includes data usage and messaging fees, including but not limited to SMS, MMS, or any other form of message-based communication (collectively referred to as "Messages"). We advise you to consult your mobile operator to understand these costs before using our Services.
Article 12: Security
We place a high priority on security within our Services to ensure a safe environment for all our users. However, we cannot guarantee absolute security. Therefore, your role is crucial. By using our Services, you agree to abide by these Conditions, including our Community Rules and any other guidelines provided by Purple to maintain the security of the Services.
If these guidelines are not followed, we reserve the right to remove any offending content, close your account, or restrict its visibility, and retain information related to your account in accordance with our data retention policies. We may also notify and share your information with third parties, including authorities, if necessary to ensure the safety of our users and others, to investigate and respond to potential violations, and to identify and resolve any fraud or security issues.
Your physical safety when using our Services is essential. Therefore, avoid any use that might expose you or others to danger, particularly respecting traffic laws and safety regulations. For example, using our Services while driving is prohibited. Never compromise your safety or that of others to take a Purple or use other features of Purple.
Article 13: Privacy
Protecting your privacy is important to us. To find out how your data is managed when using our Services, please refer to our Privacy Policy.
Article 14: Moderation
A significant amount of content available on our Services is created by users, publishers, and other third parties. This content, whether shared publicly or transmitted privately, is the sole responsibility of the user or entity that posted it. Although Purple reserves the right to verify, moderate, or remove any content present on the Services, we do not systematically check all content. Therefore, we cannot ensure that content provided by other users complies with our conditions, Community Rules, or any other applicable conditions, policies, or regulations.
Users may report content produced by others or other users' accounts in case of a violation of our conditions.
Article 15: Termination and Suspension
You have the option to terminate these CGU at any time for any reason, including if you disagree with changes made to these Conditions, by deleting your Purple account. or, in specific cases, the account associated with certain parts of the services used.
We may need to limit, interrupt, or suspend your access to the services in case of non-compliance with these Conditions, our community rules, or the law, for reasons beyond our control or for any other reason. This may result in the termination of these Conditions, partial or total interruption of the services, or the imposition of new restrictions on your use of the services. For example, your account may be disabled after a period of inactivity or we may reassign your username at any time. We will attempt to notify you in advance, but cannot ensure the ability to do so in all cases.
If your access to the services is restricted, interrupted, or suspended due to a violation of our community rules, you will be informed and will have the opportunity to contest this decision.
Before taking restrictive action, we will review all relevant facts and circumstances based on the information available to us and the reason for the action undertaken. For example, in the case of a violation of community rules, we will consider the severity, frequency, and consequences of the violations, as well as the underlying intent. These considerations will influence our decision to limit, interrupt, or suspend your access and, in the event of a suspension, the duration of it. You can find more details on how we handle and sanction abuses on our support site.
Whether you or Purple terminate these Conditions, certain sections of the agreement, numbered 2 to 12 (for clauses that survive by their terms) and 14 to 18, will continue to apply.
Article 16: Duration of the Contract
This contract is valid for an indefinite period. The beginning of the use of the services on the site marks the application of the contract with respect to the user.
Article 17: Severability
If any provision of these Conditions is found to be unenforceable, it will be removed from the document without affecting the validity or enforceability of the remaining provisions.
Article 18: Applicable Law and Competent Jurisdiction
This contract is governed by French law. The absence of amicable resolution of disputes between the parties implies recourse to the competent French courts to resolve the litigation.
For any questions relating to the application of these CGU, you can contact the publisher at the coordinates listed in ARTICLE 2.
Privacy Policy.
Article 1: Preamble
This privacy policy aims to inform the users of the application:
· About how their personal data is collected. Personal data refers to any information that can identify a user. This may include their names, age, postal or email address, location, or IP address (non-exhaustive list);
· About the rights they have concerning these data;
· About the person responsible for processing the collected and processed personal data;
· About the recipients of these personal data;
· About the site's cookie policy.
This policy supplements the legal notices and the General Conditions of Use that users can consult at the following address: https://purpleapp.ovh/terms-and-conditions
Article 2: Principles Relating to the Collection and Processing of Personal Data
In accordance with Article 5 of the European Regulation 2016/679, personal data are:
· Processed in a lawful, fair, and transparent manner in relation to the subject concerned;
· Collected for specified, explicit, and legitimate purposes, and not further processed in a manner incompatible with those purposes;
· Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed;
· Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, with regard to the purposes for which they are processed, are erased or rectified without delay;
· Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;
· Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.
Processing is only lawful if, and to the extent that, at least one of the following applies:
· The data subject has consented to the processing of their personal data for one or more specific purposes;
· Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
· Processing is necessary for compliance with a legal obligation to which the controller is subject;
· Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
· Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
· Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, particularly when the data subject is a child.
Article 3: Personal Data Collected and Processed in the Context of Website Navigation
Article 3.1: Collected Data
The personal data collected during our activities are as follows:
- Email Address;
- Password;
- Profile Picture;
- A brief description about you;
- Username;
- Dates of your events;
- List of friends attending the events, as well as the personal data associated with those friends;
- Name of your events;
- Text content, including, but not limited to, comments;
- Photos and videos taken by the user.
The information you send through our services or save in them. All information considered private (photos, videos, reactions, and written content, including, but not limited to, comments) is regarded as such by our company. Be aware that users who access your photos, videos, comments, and any other type of content have the ability to take screenshots, record, or copy this information out of the Purple application. Therefore, it is recommended not to send messages or post content that you would not want saved or distributed by someone else. The collection and processing of these data serve the following purposes:
- Managing your user profile, monitoring service quality, personalizing your user experience. For instance, this allows us to offer you the ability to see who sent a photo/video and on what days, as well as to have personalized statistics related to your shared moments. We also use some of your data to ensure our products are up to date, especially to guarantee compatibility of our Services with the latest operating system and device versions. To determine what to develop or how to optimize our services, it's crucial to understand trends and interest in our features. We analyze metadata and usage trends of collective events to decide if adjustments are needed in certain aspects of functionality, such as the maximum capacity of a group. User data mining helps us identify usage trends, thereby contributing to the broader improvement of Purple. Our analyses also produce insights about our users that help us understand their needs. We use your data to enhance the security of our Services, verify users' identities, and combat fraud or any other unauthorized or illegal activity. For example, we offer two-step verification to secure your account and may alert you by email or SMS if unusual behavior is detected. We also review URL links shared on Purple to determine if those sites are potentially malicious, and we might warn you if there's a risk. Finally, we use the information collected to ensure compliance with our CGU and laws. This includes implementing, investigating, and reporting activities that breach our terms of use, our policies, or legislation, responding to requests from judicial authorities, and complying with legal obligations. For instance, when illegal content is posted on our Services, it may be necessary to enforce our Conditions and other regulations. In some cases, we may also use your data or share it to cooperate with law enforcement requests, report security issues to the relevant authorities, industry partners, or other entities, or to fulfill our legal commitments.
Article 3.2: Method of Data Collection
When you use our website or application, the following data are automatically collected:
- Email Address;
- Password;
- Profile Picture;
- A brief description about you;
- Username;
- Dates of your events;
- List of friends attending the events, as well as the personal data associated with those friends;
- Name of your events;
- Text content, including, but not limited to, comments;
- Photos and videos taken by the user.
They are stored by the data controller under reasonable security conditions, for a duration of: 2 years.
The company may retain some personal data beyond the announced periods to fulfill its legal or regulatory obligations.
Article 3.3: Data Hosting
The web host for the Purple website and application is Akamai Technologies, 145 Broadway Cambridge, MA 02142. The domain name for the Purple website is registered with OVH, 2 rue Kellermann, 59100 Roubaix.
In the event that personal data collected by the company are shared with third parties, Article 3.6: "Transmission of Data to Third Parties" details the arrangements made.
Article 3.4: Duration of Data Retention
In some cases, legal obligations require us to retain your data, preventing us from deleting it. For example, if a court order requires us to keep a copy of your content. Other reasons that might compel us to retain a copy of your data include receiving reports of abuse or violations of our conditions or policies, or if your account, the content you created, or that created with other users of Purple is reported for abuse or policy violations by other users or our systems. Additionally, some information may be retained temporarily or as required by legal requirements.
Article 3.5: Data Sharing
Within Purple, your data may only be shared with users who are present at your private parties.
We share information about your activities and statistics with our business partners. For example, in the case of a partnership where an event promotion is contemplated, or an agreement with competent teams to combat gender-based and sexual violence is supported by our external partners.
We share information about your activity, such as usage of our application features, with partners working to prevent gender-based and sexual violence.
Article 3.6: Transmission of Data to Third Parties
As part of our operations, it may be necessary to share certain personal data collected with third parties. This transmission of data is strictly regulated in accordance with current legal and regulatory obligations to ensure the protection and confidentiality of personal data.
The transmission of data to third parties is carried out exclusively for specific, legitimate, and explicit purposes that are directly related to our business activities.
We commit to selecting partners who ensure a level of data protection consistent with our security standards and legal requirements.
Article 4: Data Controller and Data Protection Officer
Article 4.1: Data Controller
Personal data are collected by FAIRWIK, a simplified joint-stock company with a capital of €6000, whose registration number is 978 438 174.
The data controller can be contacted as follows:
By mail at the address: 9 rue des colonnes - 75002 Paris;
By phone at +33 (0)7 82 22 33 91;
By email at contact@fairwik.com.
Article 4.2: Data Protection Officer
The Data Protection Officer for the company or the responsible person is: Alexandre Senet, who can be contacted as follows:
By mail at the address: 9 rue des Colonnes - 75002 Paris;
By phone at +33 (0)7 51 64 31 42;
By email at: contact@fairwik.com.
If you believe, after contacting us, that your "Computer and Freedomices" rights are not respected, you can submit a complaint to the CNIL.
Article 5: User Rights Regarding Data Collection and Processing
Any user affected by the processing of their personal data has the following rights, in accordance with European Regulation 2016/679 and the French Data Protection Act (Law 78-17 of 6 January 1978):
· The right to access, correct, and erase data (as set out in Articles 15, 16, and 17 of the GDPR);
· The right to data portability (Article 20 of the GDPR);
· The right to restrict (Article 18 of the GDPR) and object to data processing (Article 21 of the GDPR);
· The right not to be subject to a decision based solely on automated processing;
· The right to determine the disposition of data after death;
· The right to lodge a complaint with a supervisory authority (Article 77 of the GDPR).
To exercise your rights, please send your correspondence to 9 rue des Colonnes - 75002 Paris or by email at contact@fairwik.com.
For the data controller to comply with the request, the user may need to provide certain information such as: full name, email address, and account, personal space, or subscriber number. Visit the cnil.fr website for more information on your rights.
Article 6: Control Over Your Data and Personal Information
We want you to have control over your information, which is why we offer a variety of tools, including:
-
Access and update your information. You have the ability to access and modify most of your account's basic information directly from the app. Navigate to your profile and settings to explore the available options.
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Delete your information. If you wish to delete your account, learn how to do so below:
Your account deactivation will be effective for a period of 30 days, during which it can be reactivated. After this period, if no action is taken, your account will be permanently deleted after an additional 30-day period.
Delete your Purple account on Android and iOS:
- Log into your account.
- Go to your profile (circle at the top right of the homepage).
- Go to settings (gear icon at the top right of the homepage).
- Press "Delete my account."
- Type "DELETE" in the designated field.
- Click on "Confirm."
You can also delete certain data from our services, such as photos you have shared in collective albums, those highlighted on your profile, and more.
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Control who can see your content. Your content posted at a party is visible only to those who attended the same party with you. These individuals cannot see photos posted at other parties they did not attend, although they can still view your profile.
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Download your data. You have the option to use our "Save the Album" feature as well as the download button in your Timeline to retrieve a copy of your photos and videos taken via Purple, in a portable format. This allows you to move or store them at your convenience.
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Right to object to processing. Depending on your location and the nature of the data we process, you may have the right to object to the processing of this information. If certain data is processed against your will, you can notify us by contacting us at the following email address: contact@fairwik.com.
Article 7: Conditions for Modifying the Privacy Policy
The publisher of the Purple application reserves the right to modify this Policy at any time to ensure compliance with the law in force for the users of the site.
Users are invited to review this Policy each time they use our services, without needing to be formally notified.
This policy, issued on 07/03/2024, was updated on 07/04/2024, 14/05/2024.
