Application Driver by Ellcie Healthy
Terms of Use

 

Contents

1 Preambule

2 Purpose

3 Definition

4 Contract documents

5 Acceptance and binding nature of the Terms of Use

5.1 Acceptance
5.2 Changes
5.3 Binding nature

6 Hardware compatibility

7 Registration to the services

7.1 Registration form
7.2 Pairing
7.3 Use of connected glasses
7.4 Financial terms

8 Content of the service

9 Use of the service

10 Push and/or text notifications

11 Availability

12 Malfunctions

13 Liability

14 Security

15 Warranties for connected glasses

16 Compliance with applicable laws and regulations

17 Protection of personal data

17.1 Protection of personal data
17.2 User consent to the hosting of personal data concerning the user’s health by a health data hosting provider
17.3 Security of user health data and other data
17.4 Cookies

18 Use of the application

18.1 Licence to use
18.2 Obligations of the user
18.3 Content created on the application
18.4 Update of the application

19 Intellectual property

20 Hypertext links

20.1 Links placed by the user
20.2 Links placed by Ellcie Healthy 

21 Right of withdrawal

22 Duration and closure of the account 

23 Severability

24 Waiver

25 Conciliation

26 Governing law

27 Language

28 Change to the Terms of Use

29 Europ Assistance General Terms and Conditions of Assistance for PRUDENSEE Frames

29.1 General provisions

29.1.1 Purpose

29.2 Definitions

29.2.1 Europ Assistance or We 
29.2.2 Beneficiary or You
29.2.3 PRUDENSEE Device
29.2.4 Journey
29.2.5 Home
29.2.6 France
29.2.7 Abroad
29.2.8 PRUDENSEE Glasses

29.3 Conditions and application of the assistance policy

29.3.1 Validity and duration of the assistance guarantee
29.3.2 Conditions of application
29.3.3 Warning
29.3.4 Territoriality – Journey covered
29.3.5 Territorial exclusions
29.3.6 
Methods of intervention
29.3.7 For the Services described in Article 29.4

29.4 Assistance services

29.4.1 Assistance services if a level 5 alert signal is sent by the PRUDENSEE Device
29.4.2 Continuation of the Journey
29.4.3 Search for a hotel and/or restaurant

29.5 Miscellaneous

29.5.1 Exclusions

29.6 Limitations in the event of force majeure or other similar events

29.7  Subrogation

29.8 Limitation periods

29.9 False declarations

29.10 Suspension of assistance and cover for fraudulent declarations

29.11 Combining cover

29.12 Complaints – Disputes

29.13 Mediation

29.14 Supervisory authority

29.15 Personal data protection

29.16 Consumers’ right to object to telephone solicitation

30 General terms and conditions of the PRUDENSEE Concierge Service

30.1 Preambule

30.2 Definitions

30.3 Conditions of access to service

30.3.1 Effective date and validity of access

30.4 Changes to commitments

31 Services

31.1 Description of the service

31.2 Conditions and terms of performance

31.3 Exclusions

31.4 Liability – Limitations

31.5 Force majeure

32 Legal framework

32.1 Governing law – Jurisdiction

32.2 Personal data protection

32.3 Compliants – Disputes

 

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1 Preambule

  1. The DRIVER BY ELLCIE HEALTHY mobile application is published by Ellcie Healthy, a public limited company organized and existing under the laws of France, whose registered office is located at Marina Buro, 1752 Route Départementale 6007 06270 VILLENEUVE LOUBET, registered in the Trade and Companies Register of Nice under the unique identification number 820 129 344.

2. Ellcie Healthy has developed the application and related services, which can be accessed on mobile phones via its mobile application downloadable from iOS and Android platforms.

3. Downloading the application allows you to activate the features of the connected glasses you purchased. The user manual provided at the time of the purchase and these terms of use apply exclusively to connected glasses, and not to any corrective lenses that may be installed by the optician distributing the frames; for any clarification regarding lenses, you are therefore invited to contact the optician.

4. Before using the application, you must read and agree to these terms of use. You acknowledge that the use of the application requires compliance with all the requirements set out herein.

5. You expressly agree that you are using the connected glasses and the associated application under your sole and exclusive responsibility. The connected glasses are not a toy and must not be used by minors or be in the possession of minors.

 

2 Purpose

6. The purpose of the terms of use is to set out how you can access and use the DRIVER BY ELLCIE HEALTHY mobile application in order to pair your mobile phone with the connected glasses and use their features.

7. By accessing and using the services, you acknowledge that you have read these terms of use and expressly agree to be bound by them.

8. Acceptance takes place when you tick the box “I agree to the Terms of Use” appearing during the registration process.

9. In all cases, the terms of use are deemed to be read and accepted by you on the date of activation of your account.

10. You may at any time stop using the application but you will remain responsible for any previous use.

11. Ellcie Healthy reserves the right to make changes to the terms of use at any time and without prior notice in order to adapt them to changes in the services. It is your responsibility to check these terms of use regularly for the latest applicable version.

 

3 Definitions

12. As used in these terms of use, the terms defined below, whether in the singular or plural form, shall have the following meanings:

  • “mobile application”: a mobile application connected to the connected glasses and allowing access to programs such as the driving assistance program set up by Ellcie Healthy; the application made available to the user by Ellcie Healthy is called “DRIVER BY ELLCIE HEALTHY”;
  • “Terms of Use”: these general terms and conditions of access and use applicable to users;
  • “connected device”: connected device and its charging equipment (charger) provided to the user by Ellcie Healthy or by a distributing optician and called “connected glasses”;
  • “partner sites”: sites published by third parties and accessible via hyperlinks set up by Ellcie Healthy on the mobile application;
  • “services”: provision by Ellcie Healthy to the user of features in the mobile application or directly on the eyeglasses (once the frame is paired with the application on the application);
  • “user” or “you”: any natural person who has acquired connected glasses and is authorised to access the mobile application.

4 Contract documents

13. The contract documents that are binding on you are listed below in increasing order of precedence:

  • these Terms of Use;
  • where applicable, the special terms and conditions for certain services accessible in the application;
  • the special terms and conditions for option renewal from the second year onwards.

14. Where there is any inconsistency between documents of different nature or rank, the parties expressly agree that the provisions contained in the document with the higher rank in the order of precedence shall prevail with regard to the conflicting obligations. In case of discrepancy between the provisions of documents of the same rank, the most recent documents shall prevail.

15. The following ranking order shall apply:

  • obligation per obligation;
  • or, failing that, paragraph per paragraph;
  • or, failing that, article per article.


5 Acceptance and binding nature of the Terms of Use

 

5.1 Acceptance

16. To use the application, you must first agree to these Terms of Use.

17. You acknowledge that you have obtained from Ellcie Healthy all the necessary information about the services offered on the application and fully accept these Terms of Use.

18. You represent and warrant that you are of age.

 

5.2 Changes

19. The Terms of Use may be changed or modified by Ellcie Healthy at any time to reflect changes in the application or in applicable laws and regulations.

20. You are responsible for keeping yourself informed of any changes made to the Terms of Use.

21. The Terms of Use that may be accessed via a hyperlink from the application prevail over any version printed at an earlier date.

 

5.3 Binding nature

22. In all cases, the Terms of Use will be deemed to have been read by and be binding upon you on the date of creation of your account.

23. You may at any time stop using the application and the related services but you will remain responsible for any previous use.


6 Hardware compatibility

24. Before any use of the application, you must check that your hardware is compatible with the application and in perfect working order.

25. To date, Ellcie Healthy products are compatible with most devices using the following operating systems: Apple iOS 10 and later versions, Android 7 and later versions, except for some smartphone models such as the Huawei P8 Lite which are not compatible with the application or the connected glasses. Ellcie Healthy cannot be held responsible for any malfunction with these smartphone models or any smartphone known to have Bluetooth incompatibilities.

26. The application must be installed and used in accordance with the instructions provided by Ellcie Healthy (User Guide) at the time when the connected glasses are purchased, and which can be downloaded from Ellcie Healthy’s website.

27. Ellcie Healthy cannot be held responsible for any installation that is improper or non-compliant in relation to the instructions provided by Ellcie Healthy.

28. You are responsible for the installation and configuration of the application and the connected glasses.

29. Ellcie Healthy cannot be held responsible for any misconfiguration, incompatibility or improper installation of the connected glasses.

30. Ellcie Healthy cannot be held responsible for any malfunction of the application caused by a malfunction of the smartphone or mobile network. To ensure that the application works properly, it is not recommended to activate the “Power Saving” or “Data Saver” feature on the smartphone used.

31. Only the user can act on the eyeglasses to disable the Internet connection of the connected glasses. This action will terminate their connection with the application.


7 Registration to the services

7.1 Registration form

32. The user registration and account creation are done from the DRIVER BY ELLCIE HEALTHY application.

33. By clicking on the “New User” icon in the application’s home screen, you will access a registration form in the application.

34. You must create an account to access and benefit from the services.

35. The registration process via the online form includes the following steps:

  • You fill out a registration form; required fields are marked with an asterisk; the information given must be accurate and updated regularly;
  • You choose a password, which must meet the criteria specified below;
  • You read the Terms of Use and agree to them by checking the box provided for this purpose; if you do not agree to the Terms of Use, you cannot create a personal account;
  • Once the form is correctly filled out, you submit the form and an email is sent to you to the email address you provided in order to complete the registration;
  • You receive an email to confirm the registration and the creation of the account.

36. Your password must comply with the recommendations of the Commission Informatique et Libertés, i.e. it must be at least eight characters long, contain three different types of characters among the four existing types of characters (upper case, lower case, numbers and special characters) and have no link with its holder (for example it must not contain your name or your date of birth).

37. You are solely responsible for protecting and maintaining the confidentiality of your password and other related confidential data, as well as for any activities arising from the use of your password.

38. Any use of your password is presumed to be made by you.

39. You undertake to change your password without delay if your password is lost, forgotten, or voluntary or involuntary disclosed to third parties.

40. You can change your password directly online by clicking on the “Forgot Your Password?” form.

41. Ellcie Healthy cannot be held liable for any use that is fraudulent or improper or caused by the voluntary or involuntary disclosure to anyone of your username and/or password.

 

7.2 Pairing

42. Once you have registered according to the procedure described above, you must pair your connected glasses with the mobile application.

43. When you open the pairing screen, the DRIVER BY ELLCIE HEALTHY mobile application searches for available devices to pair with the phone. A list of eyeglasses visible to the smartphone appears; if no pair of eyeglasses is detected, an error page will be displayed.

 

7.3 Use of connected glasses

44. In order to fully benefit from the services offered via the application, you must wear your connected glasses. The Ellcie Healthy eyeglasses use infrared eye sensors. For optimal use of your eyeglasses, you are recommended not to wear make-up or devices that could modify the reflection of light (black eye shadow, glitter, eyelash extensions. For safety reasons, we do not recommend the use of Ellcie Healthy eyeglasses for people with epilepsy, or photosensitive people.

45. You agree to comply with Ellcie Healthy’s instructions and recommendations for use of the Ellcie Healthy eyeglasses.

46. Ellcie Healthy will not be responsible for any misuse of the Ellcie Healthy eyeglasses by the customer that may result in a malfunction of the drowsiness detection feature.

47. Some features are not available when the mobile phone is turned off, such as:

  • sending a text message to passengers whose mobile phones are switched off if the vehicle driver falls asleep;
  • sending a text message to the user on his or her mobile phone if it is switched off;
  • searching for the eyeglasses (since the search sequence starts from the smartphone);
  • viewing user information;
  • configuring the system;
  • enabling and disabling the silent mode.

48. You acknowledge that the use of the connected glasses and the DRIVER BY ELLCIE HEALTHY application is in no way a guarantee of good health or good driving. Only a doctor can inform you about your state of health, and only the compliance with the Highway Code can guarantee your good driving.

49. You acknowledge that you are solely responsible for your use of the connected glasses and the DRIVER BY ELLCIE HEALTHY application, and for the adequacy of their use with road safety rules, your physical capacities and your state of health.

50. In any case, you undertake to drive with due care according to road and weather conditions and in compliance with the applicable Highway Code.

51. Third party advertisements may be displayed on the services offered by the application. Ellcie Healthy draws users’ attention to the fact that these ads should only be seen by drivers when their vehicle is stopped.

 

7.4 Financial terms

52. Access and use of the application in its initial scope is free of charge. An assistance service in partnership with Europ Assistance is included for 1 year from the date of creation of the user account. The terms and conditions of this assistance are described in section “29. Europ Assistance General Terms and Conditions of Assistance for PRUDENSEE Frames.” This assistance may be renewed at the end of the first year at the rate indicated on the “My Account” page of the application.

53. Ellcie Healthy reserves the right to charge a fee for all or part of the new features of the application, at a rate to be fixed by Ellcie Healthy.

 

8 Content of the service

54. The service consists in offering users the mobile application with the following features:

  • statistics related to the user’s connected device;
  • content related to the user’s environment;
  • information about the user and his or her behaviour.

55. Ellcie Healthy reserves the right to amend, delete, validate, change or otherwise modify all or part of the services accessible via the mobile application, at any time and without notice.

56. Ellcie Healthy further reserves the right to modify the connected glasses at any time and without notice. These new connected devices may be provided to the user in the same way as the initial connected devices.

 

9 Use of the service

57. You acknowledge that you are over 18 years of age and have the full legal capacity, skills and resources to access and use the DRIVER BY ELLCIE HEALTHY mobile application.

58. You acknowledge that you have checked that your computer configuration is virus-free and in perfect working condition.

59. You agree that you must not act, behave or make any statement which may violate the applicable laws and regulations, morality, the rights of third parties, the normal functioning of the mobile application and these Terms of Use.

60. You shall indemnify and hold Ellcie Healthy harmless from and against any action, claim, proceedings or opposition by any persons alleging that they suffer damage as a result of the aforementioned acts, behaviour or statements and shall bear the costs incurred by Ellcie Healthy for its defence and any amounts awarded against it in that respect.

61. You warrant Ellcie Healthy that you will request permission from any persons registered in your directory you designate to perform the tasks of a “passenger” during a journey, before entering their contact information as a “passenger”

62. Ellcie Healthy reserves the right to remove immediately, without delay and without compensation of any kind, any content that violate the Terms of use or any user account that does not comply with the Terms of use.

63. The use of the connected glasses and associated services is for convenience only and does not exempt you from exercising caution and vigilance when you are driving and generally using the connected glasses and associated services.

 

10 Push and/or text notifications

64. When using the application, you may receive messages from Ellcie Healthy.

65. These may be alert messages or messages intended to facilitate the use of the application and its various features.

66. You can refuse to receive such notifications after you agree to these Terms of Use and at any time later by adjusting the appropriate settings of your connected glasses.

67. You are informed that the refusal to receive these notifications may alter some of the application’s features, particularly the alert service.

68. However, please note that if you activate the application’s features at the beginning of a journey and still request to activate the silent mode, the connected glasses will alert the user by circumventing the “silent mode” of the eyeglasses, as the start of a journey prevails over and override the “silent mode” request.

69. These may be promotional messages targeted according to your use of the application or messages designed to facilitate the use of the application and its various features.

70. You can refuse to receive such notifications after you agree to these Terms of Use and at any time later by adjusting the appropriate settings of your mobile phone.

 

11 Availability

71. The mobile application is available 7 days a week, 24 hours a day, except for periods where it may be suspended for maintenance reasons or otherwise.

72. Ellcie Healthy reserves the right to temporarily interrupt its services to perform some operations such as maintenance, updates or changes in relation to the platform and the mobile application. Ellcie Healthy will make its best efforts to perform these operations during the periods that would least adversely affect user access to the platform and/or the mobile application.

73. No guarantee is given under the Terms of Use as to the performance, availability and accessibility of the platform and the mobile application.

74. Ellcie Healthy will not be liable for any malfunctions related to the network or Android and iOS platforms.

 

12 Malfunctions

75. If you notice a malfunction of the connected device and/or mobile application, you must inform Ellcie Healthy immediately and Ellcie Healthy will make every effort to correct the malfunction.

 

13 Liability

76. While Ellcie Healthy makes every effort to provide users with quality information or services, it cannot be held responsible for:

  • the quality of the services, as the services are offered “as is”;
  • any disruption in the use of the mobile application or one of the services offered;
  • any malfunctions related to the network or Android and iOS platforms;
  • any impossibility to use the mobile application or one of the services offered.

77. Ellcie Healthy cannot guarantee the accuracy, completeness or timeliness of the information provided on the mobile application.

78. Ellcie Healthy will use its best efforts to perform its obligations and can be held liable for direct and foreseeable damage suffered by the user only if it is proved by the user that Ellcie Healthy has committed a fault, under the provisions of ordinary law.

79. You acknowledge that you are using the application under your sole responsibility.

80. Ellcie Healthy has taken the necessary steps to ensure the proper functioning of the connected glasses as and only to the extent set out herein.

81. However, it is not Ellcie Healthy’s responsibility to ensure that you take into account any alert message sent to you. It is your responsibility to remedy any reported defect.

82. Ellcie Healthy cannot be held liable for any damage resulting from any user’s misuse, programming errors, settings or other manipulations when the user accesses and uses the service offered.

83. The information provided by the service is obtained from algorithms; it is given as a value and not as a promise. The mere fact of using the service does not entitle you to benefit from an obligation of result in terms of a drowsiness prevention alert.

84. The features of the connected glasses and the system may be disrupted for users with disorders (atypical blinking, obsessive-compulsive disorders, narcolepsy, etc.) and Ellcie Healthy cannot therefore be held liable for their use of the connected glasses.

85. In any case, the information obtained via the service cannot replace the extreme caution and vigilance that you must exercise when you are driving.

86. In any event, you acknowledge that the use of the service requires additional precautions and special care, particularly due to the hazards of the Internet and mobile network, in order to avoid any material, immaterial and intangible damage that could be caused by an accident, for example.

87. In general, you shall indemnify and hold Ellcie Healthy and its affiliates harmless from and against any claim, action or proceedings arising from or related to the use of the service, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and attorney fees.

88. Under no circumstances shall Ellcie Healthy be held liable for any indirect or unforeseeable damage suffered by you. Indirect or unforeseeable damage includes, but is not limited to, any infringement of privacy, image, integrity, dignity, intellectual property rights in or to the information or data that you have disseminated and/or transmitted via the application, any loss of turnover, financial loss, inaccuracy or corruption of files or data, commercial damage, loss of profits, loss of customers, loss of an opportunity.

 

14 Security

89. While Ellcie Healthy makes every effort to provide a quality service, it cannot protect itself from all failures that may be caused by hardware, connection, technical, computer problems and any other problems beyond its control.

90. It cannot be held liable for any disruption in data transmission, or power or Internet failure.

91. Ellcie Healthy makes its best efforts in accordance with the rules of the art to secure the service, particularly against risks of unauthorised intrusion or hacking.

92. However, Ellcie Healthy is not able to guarantee total security, as no transmission via the Internet or email is ever completely protected or error-free, either from or to the application. It cannot therefore be held responsible for any problems that may arise in this respect.

93. You acknowledge that you are aware of the nature of the Internet network, and in particular, of its technical performance and response times for consulting, searching or transferring data.

94. Ellcie Healthy cannot therefore be held responsible for any errors, interruptions, unavailability of information and/or presence of viruses on the application or on the user’s equipment.

95. You must inform Ellcie Healthy of any failure, anomaly or malfunction of the service and the connected glasses.

96. If a security breach is detected, Ellcie Healthy will inform you in accordance with the legal provisions applicable to Ellcie Healthy. Ellcie Healthy may provide you with information on actions to be taken. It will be your responsibility to carry out those measures.

97. Ellcie Healthy is entitled to take any emergency measures necessary for the security of the service, including suspending the service.

98. You agree to take all appropriate measures to protect your own data and/or software from contamination by viruses on the Internet network.

 

15 Warranties for connected glasses

99. Ellcie Healthy is liable for the lack of conformity of the connected glasses to the contract in accordance with Articles L.217-4 et seq. of the French Consumer Code, and for latent defects or hidden defects in the thing sold in accordance with Articles 1641 et seq. and 2232 of the French Civil Code.

100. In order to implement the warranty, you must first contact your seller.

101. The warranty is expressly subject to your compliance with the following requirements:

  • you must promptly notify the claim or action at the store;
  • you must return the connected glasses, together with their invoice which serves as a warranty card; the store will put the request on the optician portal with a scan of the invoice.
  • you must open a ticket with Ellcie Healthy customer support and send technical diagnostic information;
  • you must put the seller and Ellcie Healthy in a position to defend their own interests;

102. The warranty for connected glasses does not apply to and excludes any apparent defects, defaults and alteration caused by normal wear and tear, external accident or any alleged defect resulting from mishandling, negligence, unauthorised or unforeseen tempering with the connected glasses, misuse, inappropriate repair or test carried out by the user.

103. The connected glasses have humidity and temperature sensors built into the frame that will provide a factual and irrevocable determination of whether the eyeglasses have been used under normal conditions or not.

104. To have this determination done and know if you can benefit from the warranty, you need to send back your frames for a 15-day analysis at the end of which you will receive the analysis report and the authorisation or refusal of SWAp for a new connected frame of the same model and same colour subject to stock availability.

 

REMINDER OF THE MAIN APPLICABLE LEGISLATION

Article L.217-4 of the Consumer Code

“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”

 

Article L.217-5 of the Consumer Code

“To conform to the contract, the product must:

1°/ Be suitable for the purpose usually associated with such a product and, if applicable:

– correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

– have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2°/ Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”

 

Article L.217-12 of the Consumer Code

“Action resulting from lack of conformity lapses two years after delivery of the product.”

 

Article L.217-16 of the Consumer Code

“Where the buyer, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, request the seller repairs covered by the guarantee, any period during which the product is out of use that is of at least seven days shall be added to the remaining period of the guarantee.

Such period shall start to run from the date on which the buyer requests the intervention or makes the property in question available for repair, whichever is later.”

 

Article 1641 of the Civil Code

“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”

 

Article 1648 of the Civil Code

“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

 

105. Consequently, where you are acting under the legal warranty of conformity within the meaning of the abovementioned provisions of the French Consumer Code:

  • you have two years after delivery of the connected glasses to bring an action;
  • you can obtain the replacement of the connected glasses (excluding lenses), subject to proper use of the eyeglasses and the services;
  • you do not need to prove the existence of the lack of conformity of the connected glasses during the period of twenty-four months following the delivery of the connected glasses, except for second-hand products, for which the period is six months.

106. Lastly, you may decide to implement the warranty against hidden defects in the thing sold within the meaning of Article 1641 of the French Civil Code. In this case, you can choose between rescinding the sale and getting a reduction of the purchase price in accordance with Article 1644 of the French Civil Code.

 

16 Compliance with applicable laws and regulations

107. The parties undertake to comply with the laws and regulations under these Terms of Use.

108. Ellcie Healthy reserves the right to immediately remove any content that violates these Terms of Use, without delay and without compensation of any kind.

 

17 Protection of personal data

109. The personal data protection policy available on http://ellcie-healthy.com/en/privacy-policy/ specifies the conditions under which user data are processed.

 

17.1 Processing

110. In accordance with the French Data Protection Act No. 78-17 of 6 January 1978 as amended, the processing carried out in the context of the services have been subject to prior formalities with the CNIL.

111. In particular, you are informed that Ellcie Healthy is the controller and carries out processing of personal data for the following main purposes:

  • the creation of an account on the DRIVER BY ELLCIE HEALTHY application;
  • the management of access to and operation of the services offered on the application, including the driving assistance feature;
  • the management of the after-sales service or warranty obligations;
  • the anonymization of the data collected in order to transmit them to its partners;

112. Fields marked with an asterisk in the registration form must be completed. If you does not provide data in those fields, Ellcie Healthy will not be able to process your request.

113. You expressly consent to Ellcie Healthy collecting and processing personal data concerning you, in particular those relating to your health and well-being, and using them to manage your account or to send you information, as well as to anonymize them in order to transmit them to its partners. Your consent is the legal basis for the processing.

114. When users use the DRIVER BY ELLCIE HEALTHY application, the user’s personal data processed will include, without limitation:

  • Surname
  • First name
  • Address
  • Postal code
  • City
  • Country
  • Email
  • Password
  • Associate Google account
  • Serial number of the eyeglasses
  • Date of birth
  • Mobile phone number
  • Type of device used
  • Type of iOS
  • Sleep index
  • Start of journey time
  • End of journey time
  • Average sleep index
  • Total driving time over 7 days
  • Ambient temperature
  • Light intensity
  • Atmospheric pressure
  • Battery percentage charge of the eyeglasses
  • Wearing time of the glasses
  • Duration of the last charge of the eyeglasses
  • Software version
  • Date of last software update
  • Low battery alert date
  • Text message notification date
  • Alert notification date
  • Voice call notification date
  • DRIVER BY ELLCIE HEALTHY alert notification date
  • Eyeglasses purchase channel (e.g.: Optic 2000)
  • GPS location

115. You are informed that you have a right to access, inquire about, and rectify your data in order to, as the case may be, rectify, complete, update, block or delete personal data relating to you that are inaccurate, incomplete, equivocal, expired or whose collection, usage, disclosure or retention is prohibited.

116. You also have a right to object on legitimate grounds to processing of data concerning you and a right to object to the use of your data for direct marketing purposes.

117. To exercise all these rights, you must send Ellcie Healthy a request, to which must be attached a copy of a signed identity document, to the following address:

  • If by post:

ELLCIE HEALTHY

Marina Buro

1752 Route départementale 6007

06270 VILLENEUVE LOUBET

 

  • If by email:

vosdroits@ellcie-healthy.com

118. Ellcie Healthy undertakes to provide information on action taken on a request to exercise one of the rights listed above without undue delay and in any event within one month of your request.

119. Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, for example the CNIL on the French territory.

120. You have the right to seek such remedy from the supervisory authority of the Member State of your habitual residence, place of work or place of the alleged infringement.

121. You also has the right to give instructions on the fate of your personal data after your death. Indeed, you may give guidelines concerning the storage, erasure and communication of your personal data after your death.

122. Since 25 May 2018, you have a right to data portability.

123. The personal data concerned by the right to data portability are:

  • only the declarative personal data of the user; therefore anonymized personal data or data that do not concern the user are therefore excluded; and
  • personal data collected by Ellcie Healthy where the user has consented to the processing of his or her personal data for one or more specific purposes or where the processing is necessary for the performance of a contract to which the user is party or in order to take steps at the request of the user.

124. The above listed criteria are cumulative.

125. The possible data portability offered by Ellcie Healthy will concern personal data declared by the user or resulting from the use of the user account.

126. If you transmit Ellcie Healthy personal data concerning you which were previously provided to another controller, you are informed that Ellcie Healthy will not be the controller for the processing carried out by the controller who sent the transmitted personal data or for the processing subsequently carried out by you.

127. You must comply with the provisions of the Data Protection Act No. 78-17 of 6 January 1978; if you violate these provisions, you may be subject to criminal penalties.

128. In particular, you must not collect or misuse personal data to which you have or could have access or otherwise act in a manner that may adversely affect the privacy or reputation of others.

129. You are informed that your personal data will be stored for the duration necessary for the purposes for which they were collected, then archived during the limitation periods and/or the mandatory storage periods, and finally destroyed at the end of such periods.

130. In any case, your data will be kept for the duration of the contractual relationship and archived for one year.

131. The data necessary for direct marketing may be used:

  • for a period of three years from the last incoming contact as regards prospects;
  • for a period of three years from the end of any contractual relationship between the user of the DRIVER BY ELLCIE HEALTHY application and Ellcie Healthy.

132. The authorised persons of Ellcie Healthy are recipients of the data.

133. Unless you object, Ellcie Healthy may share your personal data with other companies in its group for the purposes of customer/prospect relationship management, business development, research and statistics.

134. Ellcie Healthy may also share personal data with its partners, the IT service providers with which it is contractually bound, to the extent strictly necessary for the provision of its products or services or their maintenance.

135. As part of the assistance service, Ellcie Healthy may provide Europe Assistance with your data to enable the concierge service to be provided.

136. The same applies to customers who spontaneously call Europ Assistance’s concierge service, regardless of “drowsiness” alerts.

137. These services will be included for one year and renewable as a paid option from the second year.

138. The data transmitted for the purposes of the concierge system will be transmitted to Europ Assistance, and will not be stored by Ellcie Healthy.

139. In this context, Europ Assistance will be deemed to be the controller and solely responsible for the processing. In this respect, you are invited to read the terms and conditions of the data protection policy available at http://ellcie-healthy.com/cgu/.

140. In addition, the data may be communicated to any authority legally entitled to know them, in particular in the event of a judicial requisition by the judicial, police or administrative authorities.

141. Personal data transmitted to Ellcie Healthy in accordance with the agreed purposes will not be transferred to any country within or outside the European Union.

 

17.2 User consent to the hosting of personal data concerning the user’s health by a health data hosting provider

142. By agreeing to these Terms of Use, you expressly consent to (i) the hosting of personal data concerning your health by OVH, an approved hosting provider of health data in accordance with the provisions of Article L.1111-8 of the French Public Health Code and French Decree No. 2006-6 of 4 January 2006 on the hosting of personal health data, and (ii) the methods of access and transmission of the data such as set out in these Terms of Use.

143. The purpose of this hosting is to:

  • ensure the storage, archiving and security of personal health data;
  • ensure compliance with the requirements for the confidentiality, security and durability of this data.

144. The right to access, rectify and delete your personal data can also be exercised by contacting the hosting provider to the following address:

SAS OVH – http://www.kimsufi.com
2 rue Kellermann
BP 80157
59100 Roubaix.

 

17.3 Security of user health data and other data

145. Ellcie Healthy implements technical and organisational measures to ensure the security and confidentiality of personal data, in particular those relating to the health of users.

 

17.4 Cookies

146. You are informed that when you use the mobile application, one or more cookies may be automatically installed on your mobile phone.

147. A cookie is a block of data; it is used to record information about user navigation on a website or mobile application, but it is not used to identify users.

148. You can adjust the settings of your browser and/or mobile application to be informed when it receives one or more cookies and have the choice to decline them.

149. You can adjust the settings of your browser and/or mobile application to enable or disable cookies.

150. These settings can generally found in the “tools” or “settings” tabs.

151. You may obtain additional information:

  • on the website of the publishers of your browser software;
  • more generally on the CNIL website at cnil.fr by entering the keyword “cookies” in search engines.

152. However, you are informed that if you disable cookies you may not be able to use certain features of the mobile application.

153. You have a right to access, withdraw and rectify the personal data communicated by means of cookies in the manner described above.

 

18 Use of the application

18.1 Licence to use

154. Ellcie Healthy grants you a simple right to use the application. The license granted is revocable, royalty-free for one year from the date of purchase of the pair of connected glasses, non-exclusive, and worldwide. The license is granted for personal use only in accordance with these Terms of Use.

18.2 Obligations of the user

155. You undertake to use the application strictly for personal purposes only and agree that you shall not infringe, reproduce, download, perform, or modify all or part of the application, or hamper the proper functioning of the application, in particular by introducing viruses or other technologies which are harmful for the application or the related services.

156. You are solely responsible for your use of the application and related services. You undertake to use the application fairly and in accordance with these Terms of Use, the applicable laws and regulations, including laws relating to intellectual and industrial property.

157. Ellcie Healthy reserves the right to suspend the use of the application for any user who does not comply with these Terms of Use and to provide all necessary information to the competent law enforcement authorities.

158. You agree not to access the mobile applications of Ellcie Healthy by any means other than by downloading the application from the lawful platforms such as Google Play for Android and App Store for iOS.

18.3 Content created on the application

159. The application allows you to create a user account and share data, such as a journey and information, on social networks.

160. Unless otherwise agreed in writing, Ellcie Healthy will not claim any proprietary rights with respect to your content, and nothing in these Terms of Use shall be deemed to limit any rights that you may have to use and exploit your content.

18.4 Update of the application

161. Updates to the application will be done automatically to ensure quality of service. Updates are necessary to ensure that you have access to the best technology, and to provide the information and alerts necessary to operate the connected glasses.

162. You are informed that you have the possibility to disable automatic updates, but that by doing so you shall be responsible for any problems or loss of functionality that may occur due to the use of an obsolete version of the software.

 

19 Intellectual property

19.1 Ellcie Healthy content

163. Nothing in these Terms of Use is intended to transfer any intellectual property rights whatsoever in the content owned by Ellcie Healthy from Ellcie Healthy to you.

164. The application, trademarks, designs, models, images, texts, photos, logos, graphic charters, software and programs, databases, sounds, videos, domain names, design or any other content composing the application, with the exception of third-party content such as defined below, are the exclusive property of Ellcie Healthy and are protected by any intellectual or industrial property right recognized by the laws in force.

165. Any total or partial reproduction and/or representation of any of this content without Ellcie Healthy’s express authorisation is forbidden and will constitute an infringement.

166. Accordingly, you agree that you must not act or conduct in any manner that may directly or indirectly infringe the intellectual property rights of Ellcie Healthy.

19.2 Third party content

167. Content belonging to third parties, such as, without limitation, trademarks, logos, images, texts, and sounds, are the exclusive property of their author and are protected as such by copyright, trademark or any other rights recognized by applicable laws.

168. You undertake not to directly or indirectly infringe the property rights of third parties, whose content is on the application and shall refrain from using this content in any way whatsoever.

169. You undertake to respect all the rights of third parties, whose content is on the application.

 

20 Hypertext links

20.1 Links placed by the user

170. Hypertext links placed by the user as part of the mobile application to other resources on the Internet, and in particular to its partners, have been subject to the prior written and express authorisation from Ellcie Healthy.

171. Ellcie Healthy is not responsible for the content of the information provided on these resources available on the network via the activation of hypertext links.

172. Under no circumstances may this authorisation be deemed as an implicit affiliation agreement.

173. In any event, hyperlinks to the mobile application must be removed at Ellcie Healthy’s first request.

 

20.2 Links placed by Ellcie Healthy*

174. It is expressly agreed that Ellcie Healthy will not be liable to you for any partner applications or sites you access via hypertexts placed by Ellcie Healthy and for any transaction you may made thereon. This means that you are solely responsible for your access to partner sites and any transactions made thereon.

 

21 Right of withdrawal

175. From the second year of use, the Europ Assistance option related to the use of connected glasses and mobile application services will become a paid option. After having chosen this option, you may at any time withdraw and cancel it. To do this, you will need to go in the “My Account” section of the mobile application.

176. You will remain responsible for any use made prior to the termination.

177. This right of withdrawal does not in any event apply to the purchase of frames and accessories, either from an affiliated seller or on the website.

 

22 Duration and closure of the account

178. You will have access to the services until one of the following events occurs:

  • the account is closed by you or the account is closed by Ellcie Healthy.

179. You may stop using all or part of the services and close your account at any time via the “My Account” section in the mobile application, without notice, without cause and without any costs other than those related to the access to the mobile application.

180. On this occasion, you will be able to access the data concerning you according to the terms and conditions that will be communicated to you.

181. The account will then be deleted, together with the associated data.

182. If you close your account under the conditions provided for in this paragraph, this will automatically result in the termination of these Terms of Use.

183. In any case, you will remain responsible for any use of your account that took place before it is closed.

 

23 Severability

184. If one or several provisions of these Terms of Use were to be held invalid or declared as such by a law, a regulation or a final decision which has become res judicata rendered by a court having proper jurisdiction, the other provisions shall remain in full force and effect.

 

24 Waiver

185. The parties mutually agree that any tolerance of a situation by one party shall not vest any right in the other party.

186. Moreover, such a tolerance shall not be construed as a waiver of invocation of the rights in question.

 

25 Conciliation

187. In the event of difficulties of any kind and before any legal proceedings, each party agrees to implement a conciliation procedure.

188. The parties will meet at the request of the most diligent party within eight (8) days after receipt of the letter requesting a conciliation meeting. The agenda shall be set by the party having requested the conciliation.

189. Decisions made by mutual agreement shall have contractual value.

190. However, if no agreement is reached within a period of one (1) month after receipt of the aforementioned registered letter with acknowledgment receipt, the parties will again be free to take legal action.

191. This clause is legally severable from this Terms of Use. It shall survive and continue to apply even if these Terms of Use would be invalid.

 

26 Governing law

192. These Terms of Use shall be governed by the laws of France; French law shall apply to both form and substance.

193. Any dispute relating thereto shall be brought before the competent courts.

 

27 Language

194. These Terms of Use have been drafted in French and in English.

195. In case of dispute between the parties, the French version shall prevail and be the only authentic text.

 

28 Change to the Terms of Use

196. Ellcie Healthy reserves the right to change these Terms of Use at any time, in particular to take into account changes in the technologies used, the publication of new services and new laws and regulations.

197. Ellcie Healthy invites you to consult the latest version of the Terms of Use that will be posted on the application.

198. If these Terms of Use are changed, you will be notified of the new Terms of Use at the time you open the application and you must accept them again by clicking on the “I agree” button.

199. The Terms of Use linked from the application shall prevail over any version printed at an earlier date.

200. In all cases, the Terms of Use will be deemed to have been read by and be binding upon you on the date of activation of your account.

201. You may at any time stop using the platform and the related services but you will remain responsible for any previous use.

Last updated: [07/01/2019].

 

29 Europ Assistance General Terms and Conditions of Assistance for PRUDENSEE Frames

These are the General Terms and Conditions of the assistance policy taken out by ELLCIE HEALTHY, a limited liability company organized and existing under the laws of France, whose registered office is located at Marina Buro, 1752 Route Départementale 6007 06270 VILLENEUVE LOUBET, registered in the Trade and Companies Register of Nice under the unique identification number 820 129 344, duly represented by Mr Philippe PEYRARD;

with EUROP ASSISTANCE, a public limited company regulated under the French Insurance Code with a capital of €35,402,786, registered in the Trade and Companies Register of Nanterre under number 451 366 405, whose registered office is located at 1 Promenade de la Bonnette – 92230 GENNEVILLIERS. These General Terms and Conditions set out the services that will be guaranteed and provided by EUROP ASSISTANCE to Beneficiaries, such as defined below.

Provisions in force as from 16/04/2018.

 

29.1 General provisions

29.1.1 Purpose

The purpose of the General Terms and Conditions of the PRUDENSEE assistance policy is to set out the mutual rights and obligations of EUROP ASSISTANCE and the Beneficiaries such as defined below.

 

29.2 Definitions

29.2.1 Europ Assistance or We

Means EUROP ASSISTANCE, a public limited company with a capital of 35,402,786 euros, regulated under the French Insurance Code, registered in the Trade and Companies Register of Nanterre under number 451 366 405, located at 1 promenade de la Bonnette, 92230 GENNEVILLIERS.

 

29.2.2 Beneficiary or You

Means the natural person whose Home is located in France, who holds a pair of PRUDENSEE connected glasses and whose name was given when creating an account in the DRIVER BY ELLCIE HEALTHY mobile application.

 

29.2.3 PRUDENSEE Device

Means the PRUDENSEE Device to help prevent drowsiness at the wheel developed and managed by ELLCIE HEALTHY, made of the PRUDENSEE Glasses connected to the DRIVER BY ELLCIE HEALTHY mobile application which detects the first signs of drowsiness at the wheel and sends sound and light signals if necessary to the wearer of the glasses.

 

29.2.4 Journey

Means the Journey made by You, as a driver, with your motor vehicle, and at the beginning of which you launched the ELLCIE HEALTHY mobile application for pairing with the connected glasses frame.

 

29.2.5 Home

Means your main and usual place of residence in France, as appearing on your last income tax notice.

 

29.2.6 France

Means mainland France and the Principality of Monaco.

 

29.2.7 Abroad

Means the whole world, except France and the excluded countries as listed in Article 29.3.5 below.

 

29.2.8 PRUDENSEE Glasses

Means the PRUDENSEE pair of eyeglasses manufactured by ELLCIE HEALTHY proposed and managed by ELLCIE HEALTHY and operating with the DRIVER BY ELLCIE HEALTHY application.

 

29.3 Conditions and application of the assistance policy

29.3.1 Validity and duration of the assistance guarantee

To benefit from the assistance services, You must activate the PRUDENSEE Device in accordance with the terms of use of the DRIVER BY ELLCIE HEALTHY application.

The assistance cover applies for 12 calendar months from the association of a new frame connected by You to your account on the DRIVER BY ELLCIE HEALTHY mobile application and the first declaration of the main user.

It applies subject to the validity of the assistance contract entered into between ELLCIE HEALTHY and EUROP ASSISTANCE for the purposes hereof. It will therefore terminate if the assistance contract is terminated.

The assistance cover is not transferable.

 

29.3.2 Conditions of application

To benefit from the services, You must be equipped with a means of receiving telephone calls via a hands-free Bluetooth kit that does not require a device in the ear. In France, drivers are not permitted to use a hand-held telephone when the vehicle is moving or to wear any earpiece device capable of emitting sound, with the exception of electronic devices that correct deafness, even when the vehicle is stationary (article R 412-6-1 of the Highway Code).

We will not be able to intervene to provide You with the services described in article 29.4 if You cannot be reached at the number You provided when activating your account on the PRUDENSEE application or when You started your Journey.

This requires, in particular, that:

– the PRUDENSEE mobile application has been validly downloaded, contains all necessary data as entered by You, is put in “Journey” mode at the beginning of your trip, and is working correctly (please refer to the terms of use of the DRIVER BY ELLCIE HEALTHY application),

– your mobile phone is working properly and is sufficiently charged,

– You were in an area covered by your telephone operator’s network without restriction applied by the latter to your telephone contract (example: limitation of calls abroad or exceeding the fixed price, suspension of the telephone line, etc.).

 

29.3.3 Warning

This cover is not intended to cover emergency situations. It is the responsibility of the Beneficiary driver to maintain control of his or her vehicle in all circumstances and to regularly take a break without waiting for the first signs of fatigue, or when possible, to entrust the driving of the vehicle to one of the passengers.

In case of an emergency, the Beneficiary driver or one of the passengers must contact 112 or any other locally competent emergency service; We can under no circumstances be used as a substitute for them.

 

29.3.4 Territoriality – Journey covered

The assistance services described in chapter 29.4 below apply during your travels in France or Abroad, it being specified that the services “Sending PRUDENSEE Glasses” (article 4.2) will be provided for a Journey of more than 100km from your Home.

 

29.3.5 Territorial exclusions

The following is excluded: countries in a state of civil or foreign war, known political instability, or suffering natural disasters, civil unrest, riots, acts of terrorism, reprisals, restrictions on the free movement of persons and goods (for any reason, in particular health, safety, security, weather, etc.), or disintegration of the atomic nucleus, or any radiation from an energy source of a radioactive nature.

 

29.3.6 Methods of intervention

29.3.7 For the Services described in Article 29.4

If You reach level 5 on the DRIVER BY ELLCIE HEALTHY application’s sleep scale, a drowsiness alert signal will be sent by the PRUDENSEE Device, We will call You at the mobile phone number You entered in the application when You created your PRUDENSEE account, in order to provide You with the assistance services described below. This service is available 24 hours a day, 7 days a week, 365 days a year.

 

29.4 Assistance services

29.4.1 Assistance services if a level 5 alert signal is sent by the PRUDENSEE Device

If a level 5 signal is sent by the PRUDENSEE Device during your Journey, We will contact You by telephone and offer You the following services:

 

29.4.2 Continuation of the Journey

We will arrange for the sending of a taxi to allow you to continue your Journey. The return Journey to search your vehicle back can also be arranged if it takes place within 48 hours after receiving the signal from the PRUDENSEE device.

If You continue your Journey in a taxi following a drowsiness detection signal, We will reimburse You for the taxi service, upon presentation of supporting documents, up to a maximum of €100 including VAT per year and per Beneficiary.

 

29.4.3 Search for a hotel and/or restaurant.

If You want to take a break, We will look for establishments close to where You are.

Accommodation and restaurant costs remain at your expense.

 

29.4.4 Assistance services if breakage, theft or loss your Ellcie Healthy glasses

If you find yourself unable to use your Ellcie Healthy Eyewear after a break or loss of the Ellcie Healthy Glasses more than 100 km away from your Home, we will arrange and support the sending of a new pair of Ellcie Healthy Glasses and / or its charger under the condition that you communicated us beforehand a prescription to your view.

We contact the store where you purchased the Ellcie Healthy Eyewear so you can be notified of the price for the new Ellcie Healthy Eyewear. The glasses will be made after the receipt by us of a writing on your part mentioning your agreement on the price and your commitment to pay the amount upon receipt of invoice.

Otherwise, we will not be required to perform the service. We organize the sending of your Ellcie Healthy Eyewear to the place of your stay and cover the cost of transport except for any customs fees that are your responsibility.

NOTE: Shipments are subject to different national or international legislation (including customs, tax, administrative), as well as the regulation of cargo freight which prohibits, in particular, the carriage of corrosive and dangerous substances.
In addition, We can not be held responsible for losses, theft of the object, or the part during its transport, and the consequences that may result.

 

29.5 Miscellaneous

29.5.1 Exclusions

Requests caused by the following are excluded:

– civil or foreign war, riots, popular unrest, acts of terrorism, natural disasters,

– your voluntary participation in riots or strikes, brawls or assaults,

– the effects of nuclear reaction or any radiation produced by an energy source with the characteristics of radioactivity,

– the effects of use of medicines, drugs, narcotics and similar non-medically prescribed substances, or alcohol abuse,

– the consequences of intentional actions by You or the consequences of deceitful actions or suicide attempts or suicide,

– losses that occurred in countries not covered by the policy or that do not fall within the validity dates for coverage,

The following are also excluded:

– requests that fall within the competence of local emergency services or primary transport such as the EMS, fire brigades, and related costs,

– costs incurred without our approval or not formally stipulated in the policy

– expenses not supported by original documentation,

– customs duties,

– accommodation and restaurant expenses,

– optical costs.

 

29.6 Limitations in the event of force majeure or other similar events

We can under no circumstances be used as a substitute for local emergency services.

We cannot be held liable for failures or delays in providing benefits as a result of force majeure or events such as:

– civil or foreign war, recognised political instability, popular unrest, riots, acts of terrorism, reprisals,

– recommendations by the WHO or national or international authorities, or restriction on free movement of people, for whatever reason whether related to health, safety, weather, restriction or ban on air traffic,

– strikes, explosions, natural disasters, nuclear reaction or any radiation produced by an energy source with the characteristics of radioactivity,

– use of local public services or any parties that we are obliged to use under local and/or national regulations,

– non-existence or unavailability of suitable technical or human resources.

 

29.7 Subrogation

After incurring expenses in relation to our assistance services, EUROP ASSISTANCE shall be subrogated in the rights and actions You may have against third parties responsible for the claim, as set out in Article L 121-12 of the French Insurance Code. Our subrogation is limited to the amount of expenses We have incurred in fulfilment of this policy.

 

29.8 Limitation periods

Article L 114-1 of the French Insurance Code:

“All actions resulting from an insurance policy are limited to two years from the triggering event. However, this period only runs:

  1. In the event of any reticence, omission, or false or inaccurate declaration on the insured risk, from the date on which the insurer becomes aware of this.
  2. In the event of a claim, from the date on which the parties become aware of it, if they can prove they were previously unaware of it.

When the cause of the action by the insured against the insurer is third-party recourse, the time limit for the limitation only begins on the date this third party initiates legal action against the insurer or has been compensated by the insurer.”

 

Article L 114-2 of the French Insurance Code:

“The limitation shall be interrupted by ordinary causes of interruption to the limitation period and the selection of loss-adjusters following a claim. The limitation period may also be interrupted by the sending of a recorded delivery letter with proof of receipt by the insurer to the insured in relation to action regarding payment of the premium and by the insured to the insurer in relation to settlement of compensation.”

The ordinary causes for interrupting the limitation period are defined in articles 2240 to 2246 of the French Civil Code: recognition by the debtor of the right of the person against whom the time limitation was imposed (article 2240 of the French Civil Code), application to the court (articles 2241 to 2243 of the French Civil Code), order for compulsory execution (articles 22441 to 2246 of the French Civil Code)

 

Article L 114-3 of the French Insurance Code:

“By way of exception to article 2254 of the French Civil Code, the parties to the insurance policy may not, even by mutual agreement, either amend the limitation period, or add reasons for suspending or interrupting it.”

 

29.9 False declarations

When they change the subject of the risk or reduce our assessment of it, any incomplete or intentionally false declaration shall result in the policy being null and void. We retain premiums paid to us and We have the right to demand payment of premiums due (Article L 113-8 of the French Insurance Code).

Any incomplete or inaccurate declaration made by You which is not proved to have been made in bad faith shall result in termination of the policy ten days after notification sent to You by recorded delivery letter and/or application of the reduction in compensation (article L 113-9 of the French Insurance Code).

 

29.10 Suspension of assistance and cover for fraudulent declarations

In the event of a claim or intervention request in relation to insurance cover, if You knowingly provide incorrect documents as proof, use fraudulent methods, or make incorrect or incomplete declarations, You will no longer be entitled to any insurance cover contained in these General Terms and Conditions for which aforementioned declarations are required.

 

29.11 Combining cover

If the risks covered by this policy are covered by another insurance policy, You must inform us of the name of the insurer of the other policy (article L 121-4 of the French Insurance Code) as soon as you become aware of this information and at the latest upon declaration of a claim.

 

29.12 Complaints – Disputes

In the event of complaints or disputes, you can contact our Customer Feedback Service:

 

Europ Assistance
Service Remontées Clients
1 promenade de la Bonnette
92633 Gennevilliers Cedex

If the processing time is likely to exceed 10 working days, an acknowledgement letter will be sent to You within this time. A written response to the complaint will be sent within a maximum of two months from the date the initial complaint was received.

 

29.13 Mediation

If the dispute persists after examination of your request by our Customer Feedback Service, you may refer it to the Mediator by post or via the Internet.

 

La Médiation de l’Assurance
TSA 50110
75441 Paris Cedex 09
http://www.mediation-assurance.org/

You remain free to bring an action before the competent court at any time.

 

29.14 Supervisory authority

The competent supervisory authority is: Autorité de Contrôle Prudentiel et de Résolution – ACPR – 61 rue Taitbout – 75436 Paris CEDEX 09.

 

29.15 Personal data protection

Europ Assistance, a company governed by the French Insurance Code, having its registered office at 1, promenade de la Bonnette – 92633 Gennevilliers cedex (hereinafter referred to as “the Assistance Provider”) is acting as the controller and carries out processing of the Beneficiary’s personal data for the following purposes:

  • manage the requests for assistance described in this policy and at the time of the purchase of the PRUDENSEE frames;
  • organise satisfaction surveys among Beneficiaries who have benefited from assistance services;
  • develop trade statistics and actuarial studies;
  • review, accept, control and monitor risk;
  • manage potential disputes and implement legal provisions;
  • implement due diligence obligations in the fight against money laundering and terrorist financing, asset freezing measures, the fight against terrorist financing and financial sanctions, including the triggering of alerts and suspicious transaction reports;
  • implement measures to combat insurance fraud;
  • manage the recording of telephone conversations with the Assistance Provider’s employees or those of their subcontractors in order to train and evaluate employees and improve the quality of service as well as to manage potential disputes.

You acknowledge and agree that your personal data may be processed for the aforementioned purposes. This processing is carried out in accordance with the policy.

The data collected are mandatory. In the absence of such data, the management of your assistance requests will be more difficult or even impossible to manage.

To this end, You are informed that your personal data are intended for the Assistance Provider, the controller, and for the subcontractors, subsidiaries and agents of the Assistance Provider. In order to comply with legal and regulatory obligations, the Assistance Provider may be required to communicate information to legally authorised administrative or judicial authorities.

Your personal data are kept for a variable period depending on the purpose pursued (6 months for telephone recordings, 10 years for processing related to medical treatment, 5 years for other processing), increased by the mandatory storage periods for accounting purposes and the legal limitation period.

 

You acknowledge and agree that your personal data may be communicated to recipients located in third countries which are not members of the European Union and which ensure equivalent protection. Data transfers to these third countries are governed by:

  • a data transfer agreement drawn up in accordance with the standard contractual clauses currently in force such as issued by the European Commission for transfers from controllers to processors;
  • contracts signed by the Assistance Provider’s entities to adhere to binding corporate rules in accordance with recommendation 1/2007 of the Article 29 Working Party on the Standard Application for Approval of Binding Corporate Rules for the Transfer of Personal Data;
  • a data transfer agreement drawn up in accordance with the Privacy Shield currently in force for data transfers to the United States.

 

The purpose of these transfers is to manage requests for assistance. The following categories of data are concerned:

  • data relating to identity (including: surname, first names, sex, age, date of birth, telephone number, email) and personal life (including: family situation, number of children),
  • location data,

 

In your capacity as a data subject, You are informed that you have the right to inquire about, access, rectify, delete your data, the right to data portability, and the right to restriction of processing. You also have the right to object on legitimate grounds. You have the right to withdraw your consent at any time, without prejudice to the lawfulness of processing based on consent before its withdrawal. You further have the right to give specific and general guidelines concerning the storage, erasure and communication of your post-mortem data; as for the general directives, they must be addressed to a third party who will be designated by Decree.

You can exercise your rights by sending a request, to which must be attached a copy of a signed identity document, to the Data Protection Officer to the following address:

Finally, You are informed that You have the right to lodge a complaint with the Commission nationale Informatique et libertés.

 

29.16. Consumers’ right to object to telephone solicitation

In accordance with French Act 2014-344 of 17 March 2014, Europ Assistance informs You that if You do not wish to receive direct marketing by telephone from a professional with whom you do not have a pre-existing contractual relationship, You may register on a Do-Not-Call List free of charge by post or by the Internet:

OPPOSETEL – Service Bloctel – 6, rue Nicolas Siret – 10 000 TROYES

www.bloctel.gouv.fr

 


 

30 General terms and conditions of the PRUDENSEE Concierge Service

Valid from 16/04/2018

30.1 Preambule

This document constitutes the General Terms and Conditions for the performance of the Concierge Service, which is the subject matter of the agreement entered into between Europ Assistance France (hereinafter referred to as “Europ Assistance France” or “the Concierge Service”) and ELLCIE HEALTHY. It sets out the mutual obligations of EUROP ASSISTANCE France and the Beneficiaries for the performance of the Service.

 

30.2 Definitions

Beneficiary or You: means to the natural person whose Home is located in France, who holds a pair of Connected Glasses, and whose name was entered when the ELLCIE HEALTHY mobile application was activated.

Concierge Service: means EUROP ASSISTANCE France 1 promenade de la Bonnette, 92230 Gennevilliers Cedex, a public limited company with a capital of €2,464,320, RCS Nanterre 403,147,903

Service: means the services provided by Europ Assistance France to the Beneficiaries, in accordance with the terms agreed with ELLCIE HEALTHY, as described in these General Terms and Conditions.

 

30.3 Conditions of access to service

30.3.1 Effective date and validity of access

This document constitutes the General Terms and Conditions of the Service Agreement entered into between ELLCIE HEALTHY and EUROP ASSISTANCE France (hereinafter referred to as the “Service Agreement”), which ELLCIE HEALTHY undertakes to deliver to the Beneficiary. These General Terms and Conditions set out the terms and conditions applicable to the entry into force and scope of and conditions of access to the Service.

Under the Service Agreement, proof of delivery of the General Terms and Conditions to the Beneficiary is on ELLCIE HEALTHY.

The right of access to the Service takes effect on the day of the first association of the glasses with a user account on the DRIVER BY ELLCIE HEALTHY application and the first main user declaration by the Beneficiary on the DRIVER BY ELLCIE HEALTHY mobile application; it will terminate after a period of twelve consecutive months, subject to the validity of the Service Agreement.

The declaration of loss or theft of the PRUDENSEE Glasses does not suspend the right of access. In the event of a change of ownership materialized by:
-the association of the glasses with a new user account
-the main holder declaration by the new Beneficiary,
– the remaining rights will be transferred to the new main user of the glasses at the expense of the previous main user.

Europ Assistance France reserves the right to cancel or suspend access to the Service on its own initiative, without prior formal notice, in the event of misuse or fraud, conduct prejudicial to the interests of Europ Assistance France, falsification of information transmitted to Europ Assistance France or its Partners by the Beneficiary or any third party acting on behalf of the Beneficiary. In particular, in the context of the taxi service, in the event of the Beneficiary’s absence from the appointment scheduled at the time of the order and more generally if the taxi does not charge the Journey because of the Beneficiary (“non-charge”), the Beneficiary will be liable for a lump sum of fifteen (15) euros including VAT. Failure to pay the sums due within fifteen (15) days net may result in the suspension of the Beneficiary’s access to the Service.

 

30.4 Changes to commitments

The commitments of these General Terms and Conditions may be subject to change. Any changes will apply under the same conditions as those provided for in the terms of use of the ELLCIE HEALTHY PRUDENSEE contract entered into between ELLCIE HEALTHY and the Beneficiary.

The changes will be brought to the attention of the Beneficiaries by ELLCIE HEALTHY at least two months before the effective date.

 

31 Services

31.1 Description of the service

The Concierge Service is available to the Beneficiary to carry out all useful research concerning hotels, restaurants, and taxi reservations.

The Concierge Service may make reservations for hotel rooms, restaurant tables, or taxis in the name and on behalf of the Beneficiary, after having informed the Beneficiary of the conditions and terms of performance of the services requested.

 

31.2 Conditions and terms of performance

Any request for the Concierge Service must be made to the following telephone number: 01 41 85 95 96 (if You are calling from France), +33 1 41 85 95 96 (if You are calling from Abroad).

To identify yourself to the Concierge Service, You must give your ELLCIE HEALTHY PRUDENSEE contract number (No. 70 000 175).

In any event, You are responsible for the cost of the services ordered from the Partners on your behalf as well as for all related costs (such as booking fees, cancellation or modification fees, taxes, exchange margins, etc.).

The services are ordered from the Partners by the Concierge Service on your behalf pursuant to a mandate entrusted by You to the Concierge Service when You agreed to the ELLCIE HEALTHY PRUDENSEE contract. This contract is valid for requests made to the Concierge Service and performed under and according to provisions of these General Terms and Conditions.

In any event, no service will be provided without the prior agreement (which may be oral or written depending on the amount) of the Beneficiary to the request’s subject and price.

You remain in all cases free to choose the Partners contacted as part of the Service.

The performance of the services may be ordered by the Concierge Service on your behalf, provided that You agree to pay the cost of the services to the Partners by means of your credit card.

In this case, You expressly authorise the Concierge Service to have all the costs of the services (which may be adjusted according to exchange rate variations) relating to these requests charged to your bank account via your credit card. To this end, You expressly authorise the Concierge Service to communicate the information You would previously provide to the Concierge Service about your credit card number, expiry date and visual cryptogram to the Partners approved by You, by any means of communication available to the Concierge Service, secure or not, such as telephone, Internet or fax.

The performance of the services is subject to the general terms and conditions and rates freely applied by the Partners which are binding upon You upon your approval of the service proposal.

 

31.3 Exclusions

The following are excluded:

– any request that does not comply with the administrative or legal constraints specific to each country,

– any request that is unlawful or likely to infringe on privacy,

– any research concerning areas contrary to public policy or morality,

– any request for services for commercial or resale purposes,

– any request requiring intervention in a country in a state of civil or foreign war, known political instability, or suffering natural disasters, civil unrest, riots, acts of terrorism, reprisals, restrictions on the free movement of persons and goods, strikes, explosions, disintegration of the atomic nucleus, or any other case pf force majeure.

The performance of the services is subject to all international transport regulations, all national legislations, in particular customs legislation, and ethical rules.

 

31.4 Liability – Limitations

The Concierge Service will use its best efforts to perform its obligations and cannot be held responsible for an impossibility to respond to your request and the consequences resulting from it.

In any case, the services can only be organised subject to the administrative or legal constraints specific to each country.

For all services, each Partner has its own cancellation conditions. It is your responsibility to read them before validating your order. By validating an order, You will automatically and irrevocably be bound by the cancellation conditions which may involve cancellation fees.

In addition, the Concierge Service may not be held liable for the consequences arising from the performance of the services or the communication of the card number by the Partners, who remain solely responsible for the performance of their own services towards the Beneficiary. Partners and merchants are therefore solely responsible for the warranty of the items sold and the quality of the services provided as part of the Concierge Service. Related complaints may nevertheless be sent to the Concierge Service, which will forward them to the Partners concerned.

The Concierge Service cannot be held responsible for the non-performance of certain services in the event of impossibility of payment by credit card, as some countries and/or merchants do not accept this type of payment.

 

31.5 Force majeure

The Concierge Service cannot be held responsible for:

  • failure to perform services resulting from events of force majeure, as usually recognised by the case law of the competent courts and tribunals, or from events such as civil or foreign wars, riots, known political instability, acts of terrorism, reprisals, restrictions on the free movement of persons and goods, strikes, explosions, disintegration of the atomic nucleus, or delays in the performance of services resulting from the same causes.
  • delays in and/or impossibility of obtaining administrative documents such as entry and/or exit visas, passports, customs declarations, etc. required for the organisation of certain services and in particular for the transport of the Beneficiary within or outside the country in which the Beneficiary is located, or the Beneficiary’s entry into the country, and for any delays in the performance of services resulting from the same causes.

32 Legal framework

32.1 Governing law – Jurisdiction

These General Terms and Conditions shall be interpreted and performed in accordance with French law. Any dispute arising from this contract shall be brought before the competent French courts.

 

32.2 Personal data protection

Europ Assistance France, having its registered office at 1, promenade de la Bonnette – 92633 Gennevilliers cedex (hereinafter referred to as “EAF”) is acting as the controller and carries out processing of personal data relating to You.

You acknowledge and agree that your personal data may be processed for the aforementioned purposes. This processing is carried out in accordance with the contract.

The data collected are mandatory. In the absence of such data, the management of your service requests will be more difficult or even impossible to manage.

To this end, You are informed that your personal data are intended for EAF, the controller, and for the subcontractors, subsidiaries and agents of EAF. In order to comply with legal and regulatory obligations, EAF may be required to communicate information to legally authorised administrative or judicial authorities.

Your personal data are kept for a variable period depending on the purpose pursued (6 months for telephone recordings, 5 years for other processing), increased by the mandatory storage periods for accounting purposes and the legal limitation period.

You acknowledge and agree that your personal data may be communicated to recipients located in third countries which are not members of the European Union and which ensure equivalent protection. Data transfers to these third countries are governed by:

  • a data transfer agreement drawn up in accordance with the standard contractual clauses currently in force such as issued by the European Commission for transfers from controllers to processors;
  • contracts signed by the EAF’s entities to adhere to binding corporate rules in accordance with recommendation 1/2007 of the Article 29 Working Party on the Standard Application for Approval of Binding Corporate Rules for the Transfer of Personal Data
  • a data transfer agreement drawn up in accordance with the Privacy Shield currently in force for data transfers to the United States.

The purpose of these transfers is to manage requests for assistance. The following categories of data are concerned:

  • data relating to identity (including: surname, first names, sex, age, date of birth, telephone number, email) and personal life (including: family situation, number of children),
  • location data,

In your capacity as a data subject, You are informed that you have the right to inquire about, access, rectify, delete your data, the right to data portability, and the right to restriction of processing. You also have the right to object on legitimate grounds. You have the right to withdraw your consent at any time, without prejudice to the lawfulness of processing based on consent before its withdrawal. You further have the right to give specific and general guidelines concerning the storage, erasure and communication of your post-mortem data; as for the general directives, they must be addressed to a third party who will be designated by Decree.

 

32.3 Compliants – Disputes

In the event of complaints or disputes, You can contact Europ Assistance’s Customer Feedback Service if post to: Europ Assistance, Service Remontées Clients, 1 promenade de la Bonnette, 92633 Gennevilliers cedex, or by email to: service.qualite@europ-assistance.fr.