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NOTILO PLUS SAS, is a company duly organized under the laws of France, registered under the number 818 400 415 and having its registered office at Le Castel, Héritage, 61 boulevard des Dames, 13002, Marseille – France (hereinafter designated as the ‘Company’ or ‘NOTILO PLUS’) undertakes that the Processing of Personal Data made on all website it owns and notably www.ibubble.camera and www.seasam.notiloplus.com (hereinafter the ‘Site(s)), comply with applicable regulations on the protection of data (European General regulation 2016/679 on data protection ‘RGPD’) and the French law “Informatique et Libertés” n°78-1! On 6th January 1978 modified.
Notilo Plus is Data Controller of Personal Data collected via the Site.
ARTICLE 1 – DEFINITIONS
Refers to any natural person whose Personal Data is collected and processed by Notilo Plus.
Refers to the person who determines the purposes and means of Personal Data Processing.
Refers to the person who processes Personal Data as instructed by the Data Controller for specific services and purposes.
Refers to any information that directly or indirectly identifies or makes identifiable a natural person.
Refers to any operation or set of operations carried out using automated or manual processes on an electronic or paper medium, such as collection, recording, organization, structuring, preservation, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination of Personal Data.
Refers to any person who visits the Site and who uses or not the services offered there.
ARTICLE 2 – PERSONAL DATA PROCESSING
Article 6 (1) f) GDPR: the Processing is necessary for the purpose of the legitimate interest pursued by Notilo Plus.
Categories of Personal Data:
Automated decision making
The Processing does not include automated decision making.
Article 6 (1) a) GDPR: the Data Subject has given consent to the Processing of his or her Personal Data;
Data Subject :
The Users of the Site
Personal Data collection for this purpose is compulsory. Otherwise, the Data Subject will not be able to use the “contact” form.
It allows to:
Article 6 (1) a) GDPR : the Data Subject has given consent to the Processing of his or her Personal Data;
Categories of Personal Data
Users of the Site
Personal Data collection for this purpose is compulsory.
Article 6 (1) a) GDPR: the Data Subject has given consent to the Processing of his or her Personal Data;
Article 6 (1) a) GDPR: the Data Subject has given consent to the Processing of his or her Personal Data;
Article 6 (1) b) GDPR: the Process is necessary for the performance of a contract to which the Data Subject is party.
The Users of the Site who purchase a product online
Personal Data collection for this purpose is compulsory. Otherwise, the Data Subject will not be able to order a product online.
ARTICLE 3 – RECIPIENT OF THE PERSONAL DATA
The Personal Data collected are intended for internal recipient and for Data Processor:
Notilo Plus guarantees any User that the Data Processors provide sufficient and adequate guarantees in terms of Personal Data security.
ARTICLE 4 – TRANSFERS OF PERSONAL DATA TO THIRD COUNTRIES
Notilo Plus does not transfer any Personal Data to third Countries.
In case of transfer of all or part of Personal Data to a third country, ie located outside the European Union or not having a level of protection recognized as adequate within the meaning of the regulations, or to an international organization, Notilo Plus undertakes to provide the appropriate guarantees provided in the regulations and to have them respected by its subcontractors.
ARTICLE 5 – STORAGE LIMITATION
ARTICLE 6 – SECURITY MEASURES
Notilo Plus is committed to:
ARTICLE 7 – INFORMATION REGARDING YOUR DATA PROTECTION RIGHTS
In accordance with the provisions of the French Data Protection and Freedom of Information Law of January 6, 1978, modified and the GDPR, you have a right of access, rectification, deletion, limitation, opposition and a right to the portability of Personal Data concerning you.
You have a right of access to Personal Data concerning you processed by Notilo Plus. It allows you to read the Personal Data we have about you and, if you wish, to request a copy.
According to the regulations applicable to the protection of Personal Data, you may request us to correct Personal Data about you that are inaccurate. You may also request that the incomplete Personal Data concerning you be completed, including by providing, in support, a supplementary declaration.
In order to allow you to exercise this right as easily as possible, we invite you to proceed directly with these modifications and additions to your account. If you believe that other Personal Data about you needs to be changed or supplemented and that you are unable to make this change on your own, please contact us at firstname.lastname@example.org
You have the right to obtain from us the erasure, as soon as possible, of your Personal Data subject to our legitimate interest or any legal obligation requiring us to keep it.
For security reasons and to avoid an unwanted deletion of the account, we invite you to do this by contacting us at the following address: email@example.com
You may request from Notilo Plus the limitation on the Processing of your Personal Data, when one of the following applies:
We will limit the Processing of your Personal Data during the audit as to whether the legitimate grounds we are pursuing prevail over your right.
If we decide to lift the limitation of the Processing of your Personal Data, we will keep you informed.
You may object to sending communications, especially commercial communication, by Notilo Plus. To this end, we provide you with an unsubscribe link in all e-mails that we send you.
You may also object, for legitimate reasons, to the Processing of your Personal Data, unless it meets a legal obligation imposed on Notilo Plus.
You may always request the portability of your Notilo Plus Personal Data. By exercising this right, we undertake to send you, within a reasonable period of time and in a machine-readable format, the Personal Data that you have provided to us whether it has been declared by you or generated by your activity on the platform.
You have the right to refuse at any time the Processing of your Personal Data for personal reasons. As well, you have the right to refuse the Processing of your Personal Data for direct marketing purposes.
The supervisory authority responsible for any request concerning us, including, where appropriate, the complaint of a User, is the National Commission of Computing and Liberties (CNIL).
If you wish to file any complaint with the CNIL, you will find their contact information below:
CNIL (COMMISSION NATIONALE DE L’INFORMATIQUE ET DES LIBERTÉS)
3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07
Tel.: 01 53 73 22 22
(from Monday to Thursday from 9am to 6.30pm/ Friday from 9am to 6.00pm)
Fax: 01 53 73 22 00
Important! The CNIL does not receive the public and does not provide any information at their offices.
If you wish to file a complaint with the CNIL, you may fill in the online complaint form available at the following address: https://www.cnil.fr/fr/plaintes
If you have a question about your IT rights and freedoms, you may consult the CNIL website: www.cnil.fr.
ARTICLE 8 – COOKIES
Browsing the site https://seasam.notiloplus.com/ may cause the installation of cookie(s) on the User’s terminal (computer, mobile or tablet).
A cookie is a small text file, deposited on a User’s terminal, via his internet browser, for example when visiting a site, reading an email, installing a software, etc. A cookie does not allow the identification of the User, but records information relating to his navigation.
The consultation of the Site entails the deposit, by Notilo Plus, of cookies on the User’s terminal in order to simplify and improve the navigation of the User on the Site and to personalize the services which are offered to him, under the conditions defined below.
These cookies are strictly necessary for the proper functioning of the Site (eg identification and connection to the User’s account, storage of the shopping cart for placing an order). These cookies help to ensure the technical operation of the Site and may not be disabled.
These cookies make it possible to improve the navigation on the Site and in particular to make this navigation more fluid and personalized, without being essential to the proper functioning of the Site (for example memorization of the connection information to the Site, live assistance via chat, etc.).
These cookies enable Notilo Plus to know the use and performance of the Site and to improve its functioning (for example, the most visited pages of the Site, searches made by Users, etc.).
These cookies allow the User to offer advertisements adapted to his interests, on the Site or on other sites when browsing the Internet. These cookies record information about visits and browsing habits of the User on the Site but also outside the Site.
These cookies are not essential for the proper functioning of the Site and may therefore be disabled. The refusal of this type of cookie will not however prevent the posting of advertising on the Site or on the Internet in a general way. These ads will simply not take into account the interests and preferences of the User.
Notilo Plus stores the cookies listed above, subject to the consent and settings of the User, for a maximum of 13 months.
By connecting to the Site, the User is invited to set its cookie preferences. He may modify his choices at any time.
The setting of cookies is however likely to have effects on the User’s navigation on the Site. It is therefore advisable to set cookies according to their respective purposes.
The application iBubble or, as the case may be, Seasam Control (hereinafter referred to as the “Application”), and the platform NOTILO CLOUD (hereinafter referred to as the “Platform”) are published by the company Notilo Plus, a simplified joint-stock company with a capital of 29,289 euros, whose registered office is located at Le castel, Héritage, 61 boulevard des Dames, 13002 Marseille, France, registered with the Marseille Trade and Companies Registry under number 818 400 145.
Notilo Plus developed the Application and the Platform, and related technologies, features and services available on mobile phones, tablets and computers by downloading the Application from iOS and Android platforms, or directly through Notilo Plus’s servers. Please note that the Application and the Platform are not compatible with all devices. We invite you to confirm with Notilo Plus the compatibility of your device with the Application and the Platform.
The User acknowledges and warrants that he:
If you do not agree to these Terms, you must exit the Application and / or the Platform you are using, cease all use and, if necessary, uninstall it.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
The original version of this document is in French (France). In the event of a discrepancy between a translated version and the French version, the latter shall prevail.
Notilo Plus reserves the right to modify at any time all or part of these Terms. Any update of the Terms will be notified to Users when connecting to the Application and / or the Platform. The use of the Application and/or the Platform implies the User’s acceptation of the Terms thus updated.
To create your User account, you must enter your email address and a password. The serial number of your Drone and your first and last name(s) will also be required.
Access to the Application and / or the Platform and certain services is subject to this account creation. The User account is required to:
The User account through the Platform is necessary to access to (i) a stockage space available in SaaS mode and to (ii) the dashboards which assemble under a readable format the data collected through the Drone.
You agree to communicate to Notilo Plus true and sincere information about your identity and not to impersonate a third party.
In order to prevent a third party from accessing your User account, we kindly ask you to complete a set of actions. You must: verify that your password is strong enough and that it includes a sufficient number of characters, varied upper- and lower-case and the presence of different alphanumeric characters, and disconnect your login session when you exit the Application and / or the Platform. Exiting the Application and / or Platform without logging out is considered an implicit third-party login authorization.
You are solely responsible for accessing your User account. Notilo Plus reminds you that access to your User account may allow access to personal data. Any connection by a third party to your User account that you authorize is at your sole discretion and under your sole responsibility.
These Terms apply to any download, installation and/or use of the Application and of one or more features of the Application, and to any use of the Platform.
The Application allows you to, notably:
The Platform allows to stock all the data from your Drone, whether it is video or photo taken via the Drone, or steering data, to access to such data in dashboards in order to ease the reading and the decision-making regarding the management of your Drone and ship fleet.
To use the Application, you must download it to your smart phone, tablet or computer. Downloading the Application requires you to have a connection to the Internet which is installed and used at your expense.
As the case may be, the download is made in accordance with the contractual terms of the download platform compatible with your smart phone or tablet.
To use and access the Platform you shall previously enter into a SaaS subscription agreement to the Platform. Your profile is created by Notilo Plus and the access is allowed through a web connection.
The update of the Application and / or the Platform will be carried out in accordance with the update policy of Notilo Plus as well as, as the case may be, with the update policy of the Application download platform compatible with your smart phone or your tablet. Such update may be available in some cases through an upload link made available by Notilo Plus.
Notilo Plus reserves the right:
Corrective and evolutive maintenance of the Platform are made in accordance with the terms and conditions from the SaaS subscription agreement to the Platform. Cancellation or limitation of access to the Platform may be decided by Notilo Plus in case of breach by the User of the hereby terms and conditions and / or of those of the SaaS subscription agreement.
7.1. User Licence
Notilo Plus grants the User a simple right to use the Application and / or the Platform, including updates and evolutions.
The license on the Application and / or the Platform is granted to the User for the following uses: (i) if you are an individual, for your personal, non-professional and non-commercial use, or (ii) if you are a professional, solely for the purposes of your professional activities.
The license granted by Notilo Plus to the User is revocable, non-exclusive, non-transferable.
The license granted on the Application is limited to the duration of use of the Drone, and worldwide. The license granted on the Platform is limited to the duration provided for in the SaaS subscription agreement.
Consequently, you acknowledge that the Application, the Platform, their updates and evolutions, are not sold to you and that you do not have any right of ownership. The Application and the Platform consist of a set of texts, interfaces, photographs, graphics, images, navigation means, logotypes, drawings and models, computer codes, musical works, software, fonts or any other intellectual property rights that Notilo Plus owns or that has been licensed to Notilo Plus to incorporate into the Application and / or the Platform directly and/or indirectly.
Any use of the Application and/or the Platform, and/or installation of the Application and/or the SaaS access to the Platform must be performed in accordance with these Terms. The User declares and acknowledges that he has obtained from Notilo Plus all the necessary information regarding the features offered by the Application and/or the Platform. The data presented by the Application, the Platform and/or their features may contain errors as they depend intrinsically of the use of the Drone. Consequently, the data presented within the Application and/or the Platform cannot constitute the specific basis of a complaint or a legal action by the User against Notilo Plus.
By using the Application, the Platform, and/or their features, the User is prohibited from:
The User is entirely responsible for the use he makes of the Application and /or the Platform and the associated services available through any of them. He undertakes to use the Application and / or the Platform fairly, in compliance with these Terms, applicable laws and regulations, including laws relating to intellectual and industrial property. Notilo Plus reserves the right to suspend the use of the Application and / or the Platform for any User who does not respect these Terms and to communicate all the necessary information to the relevant services responsible for the repression of the infringements. The User also undertakes not to access the Application and / or the Platform by any means other than (i) downloading the Application from the legal platforms, and / or (ii) having access to the Platform through the SaaS mode made available to it.
7.2. General Rules of Service
When using the Application to pilot your Drone, and/or when you use the Platform, you agree to the following rules:
7.3. User Information
The User is informed that the use of the Drone in bad weather conditions or in conditions of insufficient visibility can present risks, in particular in terms of safety.
Notilo Plus can use geolocation technologies to customize the use of its services. The collected data may include GPS coordinates, the IP address of the terminal used, or information regarding the location of the Drone and the User when using the Application and / or the Platform. These data are stored temporarily and are erased regularly, in compliance with local regulation. The geolocation data are anonymous and do not allow the identification of the User. If he does not wish to benefit from the Application’s and / or the Platform’s services based on geolocation, the User may, if the Application and / or the Platform allows it, deactivate this feature by refusing the geolocation at the time of opening the Application or selecting the appropriate settings from your smart phone or tablet or on the Platform.
Access to the Application and / or the Platform requires access to the Internet or a mobile network. All costs related to access, whether material costs, software or access to the Internet are exclusively the responsibility of the User. He is solely responsible for the proper functioning of his equipment as well as his access to the Internet. The service is available 24 hours a day, 7 days a week. However, Notilo Plus reserves the right, without notice or compensation, to temporarily or permanently close all or part of the Application and / or the Platform or access to one or more services, in particular to perform updates, maintenance operations, to make modifications or changes to operational methods, servers and hours of accessibility, without this list being exhaustive. Regarding the Platform the terms of those operations are described within the SaaS subscription agreement.
Notilo Plus is not liable for damages of any kind that may result from these changes and/or temporary unavailability or the definitive closure of all or part of the Application and / or the Platform or one or more of their services. Notilo Plus reserves the right to supplement or modify, at any time, the Application and / or the Platform according to the changes in technology. In case of interruption or inability to use the Application and / or the Platform, the User may contact the Notilo Plus customer service for information: email@example.com.
9.1. Notilo Plus elements
These Terms do not imply any assignment of any kind of intellectual property rights to the items owned by Notilo Plus. The Application, the Platform, trademarks (including “iBubble” and “Seasam”), drawings, models, images, texts, photos, logos, graphics, software and programs, databases, sounds, videos, the domain names, design or any other component of the Application, the Platform as well as the iBubble and Seasam Drones linked to them, with the exception of the elements of third parties defined below, are the exclusive property of Notilo Plus and are protected by any right of intellectual or industrial property recognized by the laws in force. Any reproduction and/or representation, total or partial of one of these rights, without the express authorisation of Notilo Plus is prohibited and would constitute an infringement. Consequently, the User prohibits any act and any act likely to infringe directly or indirectly the intellectual property rights of Notilo Plus.
9.2. Third-party elements/features
Certain elements and/or features of third parties may be integrated into the Application and / or the Platform in order to offer additional services or features. These elements and/or features of third parties are the exclusive property of their author and can be protected as such by copyright, trademark law or any other right recognized by the laws in force. The User agrees not to infringe, directly or indirectly, the property rights of third parties, whose contents are present on the Application and / or the Platform and refrain from exploiting these elements in any way whatsoever. The User agrees to respect the full rights of third parties integrated into the Application and / or the Platform.
9.3. User elements
Notilo Plus does not claim any intellectual property rights to the photos, videos or any other content that you register using the Application and / or the Platform (hereinafter referred to as the “Content”). This Content is and remains the property of the User. The User is solely responsible for his Content and its dissemination and/or use, particularly via the Internet and/or social networks.
In this regard, you represent and warrant that:
You agree to indemnify and hold Notilo Plus harmless against all claims or enforcement of any kind whatsoever relating to the Content, emanating from any third party invoking the violation of any right whatsoever, and in particular against any action of invasion of privacy, counterfeiting and/or unfair and/or parasitic competition brought by any third party during the execution or use of your Content. In the event of a legal action taken by a third party against Notilo Plus in connection with your Content, you acknowledge and agree to be held solely liable for any adverse consequences that may result from such action and indemnify Notilo Plus for all damages and/or expenses incurred in the course of this action.
Except otherwise provided for in the SaaS subscription agreement to the Platform:
Notilo Plus attaches great importance to the protection of the personal data of the Users of the Application/the Platform. The collection and processing of personal data via the Application and/or the Platform is carried out in compliance with the legislation on the protection of personal data and in particular the General Data Protection Regulation n°. 2016/679 (“GDPR”). Notilo Plus is committed to respecting your privacy, storing collected data securely, and letting you use and share your data as you wish.
The purpose of this article is to inform you in a transparent manner about the personal data we collect, their use and sharing, and your rights in this regard. It applies to all Users of the Application/the Platform. We advise you to read it carefully.
By creating you User account, you have been invited to tick a box indicating that you consent to the collection and the processing of your personal data by NOTILO PLUS to allow you to use the Application and /or the Platform. By using the Application and/or the Platform, you agree that NOTILO PLUS can collect, process and use the personal data referred to below.
13.1. Responsible for the processing of your personal data
The person responsible for the processing of your personal data communicated as part of the Application and/or the Platform is Notilo Plus, a simplified joint-stock company, with a capital of 29,289 euros, whose registered office is located at Le castel, Héritage, 61 boulevard des Dames, 13002 Marseille, France, registered with the Marseille Trade and Companies Registry under number 818 400 145.
13.2. Personal data collected
As part of your use of the Application and/or the Platform, Notilo Plus collects several categories of data, details of which you will find below. These data come from:
If necessary, Notilo Plus will also be able to collect and process your GPS data in the event of a problem with the Application and/or the Platform or in the event of a collision or loss of the Drone, as well as the location data of your mobile terminal.
Notilo Plus does not deal with particular categories of data (so-called sensitive data) such as data that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, health data or data about the sexual life or sexual orientation of individuals.
13.3. Non-personal data
Notilo Plus also collects data which does not allow for a direct identification of a particular person; these data are therefore considered by applicable law as non-personal. Applicable law permits the collection, use, transfer and disclosure of non-personal data for any purpose. These data help Notilo Plus to use its products and services. However, if Notilo Plus associates non-personal data with personal data, the data thus combined would be treated as personal data as long as they remain associated and therefore subject to the conditions mentioned in this article.
13.4. Data collected from third parties
Notilo Plus may collect information provided by third parties about you when using the Application and/or the Platform, and combine them with those that Notilo Plus collects directly. Thus, if you link, associate or connect your User account to a service provided by a third party (e.g. Facebook or Google), the service provided by this third party may send us information, such as information about your registration and your profile with the service in question. This information may vary from a service provided by a third party to another and are controlled by the latter. We invite you to check the authorisations that you have transmitted to this third party via the confidentiality parameters relating to them to find out the data that are being transmitted to Notilo Plus.
13.5. Purpose of processing
We collect your personal data for the purposes of:
13.6. Recipients and categories of recipients
Notilo Plus is the recipient of personal data collected through the Application and/or the Platform.
Where necessary for external processing purposes, and only in this case, we will transmit such data to our trusted service providers who process them on our behalf, as instructed or in accordance with a contractual agreement, in accordance with this Article and in accordance with any other appropriate security and confidentiality measure. We may send them your personal data only for the purposes set out below.
Where necessary to satisfy legal, regulatory and judicial requirements. We retain or disclose your information if we believe that it is reasonably necessary to satisfy any legal or regulatory requirement, legal process or administrative request, to protect the security of any person, to deal with any fraudulent, security or technical problem, or to protect the rights or property of our users.
Important: Notilo Plus does not resell your personal data to third parties and does not disclose personal and private information outside the situations described in this article.
13.7. Duration of the data retention of your personal data
Notilo Plus keeps your personal data only during the period necessary for the purposes set out in this article or in accordance with the applicable law.
13.8. Data security
Notilo Plus takes the appropriate technical and organisational measures, in accordance with the applicable legal provisions, to protect your personal data against unlawful or accidental destruction, accidental loss or alteration, or unauthorized disclosure or access. To this end, we have put in place technical measures (such as firewalls, data encryption) and organisational measures (such as an ID/password system, physical protection means, etc. …).
13.9. Transfer of data to a third country
All our servers on which your data is stored and those of the providers used to exchange and store these data are located in Europe.
13:10 Your rights
In accordance with the provisions of the French Data Protection and Freedom of Information Law of January 6, 1978, modified and the GDPR, you have a right of access, rectification, deletion, limitation, opposition and a right to the portability of personal data concerning you.
You have a right of access to data concerning you processed by Notilo Plus. It allows you to read the data we have about you and, if you wish, to request a copy.
According to the regulations applicable to the protection of personal data, you can request us to correct personal data about you that are inaccurate. You may also request that the incomplete personal data concerning you be completed, including by providing, in support, a supplementary declaration.
In order to allow you to exercise this right as easily as possible, we invite you to proceed directly with these modifications and additions to your account. If you believe that other data about you needs to be changed or supplemented and that you are unable to make this change on your own, please contact us at firstname.lastname@example.org.
You have the right to obtain from us the erasure, as soon as possible, of your personal data subject to our legitimate interest or any legal obligation requiring us to keep it.
For security reasons and to avoid an unwanted deletion of the account, we invite you to do this by contacting us at the following address: email@example.com.
With respect to your account data, we draw your attention to the fact that search engines and other third parties may still retain copies of your public profile information for a certain period of time when you have accepted the referencing, even after have disabled your account. If you wish, you can exercise your right to be de-listed directly from these search engines.
You may request from Notilo Plus the limitation on the processing of your data, when one of the following applies:
We will limit the processing of your data during the audit as to whether the legitimate grounds we are pursuing prevail over your right.
If we decide to lift the limitation of the processing of your personal data, we will keep you informed.
You may also object, for legitimate reasons, to the processing of your data, unless it meets a legal obligation imposed on Notilo Plus.
You can always request the portability of your Notilo Plus data. By exercising this right, we undertake to send you, within a reasonable period of time and in a machine-readable format, the data that you have provided to us whether it has been declared by you or generated by your activity on the platform.
You have the right to refuse at any time the processing of your personal data for personal reasons. As well, you have the right to refuse the processing of your personal data for direct marketing purposes.
The supervisory authority responsible for any request concerning us, including, where appropriate, the complaint of a user, is the National Commission of Computing and Liberties (CNIL).
If you wish to file a complaint with the CNIL, you can fill in the online complaint form available at the following address: https://www.cnil.fr/fr/plaintes
If you have a question about your IT rights and freedoms, you can consult the CNIL website: www.cnil.fr.
These Terms are subject to French law. Any dispute, if not resolved amicably, will be submitted to the relevant courts. All disputes relating to the interpretation and execution of these Terms will be the exclusive jurisdiction of the courts of Marseille even in case of appeal or a plurality of defendants.
The cancellation of any articles of these Terms will not affect these Terms in their entirety.
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