Legal Notice and Privacy Policy - AgoraPass Cap d'Agde

Last Updated: [Date of last update - March 21, 2025]

1. Application Publisher

The AgoraPass Cap d'Agde mobile application (hereinafter "the Application") is published by The Sane Intention SAS, having its registered office at 91 rue de l'Assomption, 75016 Paris, France, and registered with the Paris Trade and Companies Register under SIRET number 949 180 210, and intra-community VAT number FR FR09949180210.

The Sane Intention is responsible for the operation of the Application in the Cap d'Agde Méditerranée tourist area.

Videomark EURL holds the rights to the Application and provides the technical platform to The Sane Intention.

• Email : contact@videomark.com
• Address : 54 rue René Boulanger, 75010 Paris

2. Hosting

The Application is hosted by Vicem SAS, whose registered office is located at 6 rue des Bateliers, 92110 Clichy, France.

User data is stored on servers located in France.

3. Intellectual Property

Copyright: © The Sane Intention. All rights reserved.

4. Terms of Service (ToS)

Use of the Application implies full and complete acceptance of the Terms of Service (ToS) accessible via the following link: [Link to your ToS]. By creating an account, you accept our Terms of Service and our Privacy Policy.

These Terms of Service are subject to change or addition at any time. Users are therefore encouraged to consult them regularly.

The Application is normally accessible to users at all times. However, the publishing director may decide to interrupt it for technical maintenance reasons.

4.1 Access to the Application

The AgoraPass Cap d'Agde Application can be partially used without creating an account. Users can, without registering:

• View general information about merchants (name, address, description, opening hours, etc.).
• View merchants on the map.
• Access merchants' websites (if available).

However, to access certain features, creating a user account is *mandatory*. These features include:

• Contacting a merchant via the application (sending messages).
• Adding merchants to favorites.

By creating an account you accept these ToS.

5. Description of Services Provided

The Application allows users to use the following services:

• Consult the information published on the Application.
• Access referenced websites.
• Create and manage a user account.
• Add merchants to favorites.
• Contact a merchant (requires an account).

6. Privacy Policy

6.1. Data Controller

The data controller for personal data is The Sane Intention, whose complete contact details are provided in Section 1.

6.2. Contact Details of the Data Controller

See Section 1.

6.3. Data Collected During Use Without an Account

When you use the Application without creating an account, we do not collect any personal data that directly identifies you.

6.4. Data Collected When Creating an Account

To create an account and access all the features of the Application, we collect the following categories of personal data:

• Email address
• First name
• Last name
• Phone number
• Password (hashed)

6.5. Purposes of Processing

We collect and process your personal data for the following purposes:

• Creation and management of your user account.
• Connecting tourists and merchants (only upon explicit request of the user via sending a message to the merchant).
• Management of your favorites.
• Compliance with our legal obligations.

6.6. Legal Basis for Processing

The legal bases for this processing are:

• Performance of the contract (for account creation, connection, and favorites management).
• Compliance with a legal obligation (data retention).

6.7. Data Recipients

The recipients of your personal data are:

• Authorized personnel of The Sane Intention.
• The merchant with whom you choose to get in touch, and *only* when you explicitly initiate this connection by sending them a message via the Application. This sharing is necessary for the connection functionality.
• Videomark EURL, as a data processor, for the provision of the technical platform of the Application.
• Vicem SAS, as a data processor, for hosting the Application.

No data is shared with other third parties for advertising or tracking purposes.

6.8. Data Transfers Outside the EU

Your data is not transferred outside the European Union.

6.9. Data Retention Period

Your personal data is retained for the following duration:

• Your user account data is retained as long as your account is active. It is deleted [or anonymized - choose the option and adapt] [X days/months] after your account is deleted.
• [Adapt durations for each type of data, respecting the principle of minimization.]

6.10. Your Rights

In accordance with the General Data Protection Regulation (GDPR), you have the following rights regarding your personal data:

• Right of access
• Right to rectification
• Right to erasure ("right to be forgotten")
• Right to restriction of processing
• Right to data portability
• Right to object
• Right not to be subject to a decision based solely on automated processing

To exercise these rights, you can contact us at the email address indicated in Section 1, or directly *via the link provided for this purpose in the application* to delete or anonymize your account.

6.10.1. Deletion or Anonymization of your Account

You can delete your user account or request its anonymization at any time directly from the application. A link is provided for this purpose in [Specify the precise location of the link: for example, "your account settings", "the 'My Profile' section", etc.].

Account Deletion: Deleting your account results in the permanent deletion of all your personal data associated with that account, except for data that we are legally required to retain (for example, for accounting or tax purposes – if applicable, specify which data and for how long, *mandatory*).

Account Anonymization: Anonymizing your account transforms your personal data in such a way that it is no longer possible to identify you, *irreversibly*. Your data is then stored in an anonymous and aggregated form, and is no longer considered personal data.

[Choose *either* deletion, *or* anonymization, *or* offer both options, clearly explaining the difference.]

6.11. Data Security

We implement appropriate technical and organizational measures to ensure the security of your personal data and prevent any unauthorized access, disclosure, alteration, or destruction.

6.12. Cookies

The AgoraPass Cap d'Agde application does not use any cookies or other trackers.

7. Changes to the Legal Notice

We reserve the right to modify this legal notice at any time. We encourage you to consult it regularly. Changes will be effective upon their publication on the Application.

Terms of Service (ToS)

These Terms of Service (hereinafter "ToS") govern the use of the AgoraPass Cap d'Agde mobile application (hereinafter "the Application"), published by The Sane Intention, and operated by the latter in the Cap d'Agde Méditerranée tourist area. Videomark EURL holds the rights to the Application and provides the technical platform to The Sane Intention.

1. Purpose of the Application

The purpose of the AgoraPass Cap d'Agde Application is to connect tourists and merchants in Cap d'Agde Méditerranée. It allows users to view information about merchants, locate them, access their websites, and, for users with an account, contact merchants and add merchants to their favorites.

2. Access to the Application

The Application is partially accessible without creating an account.

Users can, without registering:

• View general information about merchants (name, address, description, opening hours, etc.).
• View merchants on the map.
• Access merchants' websites (if available).

However, to access certain features, creating a user account is mandatory. These features include:

• Contacting a merchant via the application (sending messages).
• Adding merchants to favorites.
• [Any other feature requiring an account - complete if necessary]

3. Creating a User Account

To create an account, the user must provide the following information:

• Email address
• First name
• Last name
• Phone number
• Password

By creating an account, the user confirms that they have read and understood these ToS and the Privacy Policy, and accepts their terms without reservation. The user guarantees the accuracy of the information provided.

By creating an account you accept our Terms of Service and our Privacy Policy.

4. Use of the Application

The user agrees to use the Application in accordance with these ToS and applicable legislation. They are prohibited from:

• Using the Application for illegal or fraudulent purposes.
• Infringing on the intellectual property rights of The Sane Intention, Videomark, or third parties.
• Disseminating illegal, defamatory, abusive, obscene, or immoral content.
• Disrupting the operation of the Application (viruses, cyberattacks, etc.).
• Using data mining techniques ("scraping") or any other automated means to collect information about the Application or its users.

5. Responsibilities

5.1. User Responsibility

The user is solely responsible for their use of the Application and the information they publish or transmit on it. They are responsible for the confidentiality of their login credentials (email and password).

5.2. Responsibility of The Sane Intention

The Sane Intention implements all reasonable means to ensure quality access to the Application, but is under no obligation to achieve this. The Sane Intention cannot be held responsible for any malfunction of the network or servers, or any other event beyond its reasonable control, that would prevent or degrade access to the Application.

The Sane Intention reserves the right to interrupt, temporarily suspend, or modify access to all or part of the Application without prior notice, in order to carry out maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

The Sane Intention does not guarantee the accuracy, completeness, or timeliness of the information provided by merchants. The user is encouraged to verify this information directly with the merchants.

5.3 Responsibility of Videomark

Videomark EURL, as the provider of the technical platform, is responsible for the proper technical functioning of the application.

6. Intellectual Property

The Application, as well as all the elements that compose it (texts, images, logos, trademarks, source code, etc.), are the exclusive property of Videomark EURL, or are subject to an authorization for use by The Sane Intention. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the Application, regardless of the means or process used, is prohibited, except with the prior written authorization of Videomark EURL.

7. Personal Data

The collection and processing of users' personal data are governed by the Application's Privacy Policy, accessible via the following link: [Link to your Privacy Policy].

You can delete or anonymize your user account at anytime, in accordance with our Privacy Policy. A link is available within the application to perform this action.

8. Modification of the ToS

The Sane Intention reserves the right to modify these ToS at any time. The modifications will be effective upon their publication on the Application. The user is encouraged to regularly consult the ToS to be aware of any changes.

9. Applicable Law and Competent Jurisdiction

These ToS are governed by French law. In the event of a dispute, and failing an amicable agreement, the French courts will have sole jurisdiction.