1 PURPOSE, SCOPE AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
1.1 Purpose and scope of application
These general terms and conditions of use (hereinafter referred to as the Terms) govern the conditions of use of the Dataeum mobile application, offered by the company Dataeum OÜ (hereinafter referred to as "the publisher" or "Dataeum") by mobile users (hereinafter referred to as "the collectors").
1.2 Acceptance
The use of the site and the Dataeum application requires the unreserved acceptance of these Terms. This acceptance will take place at the time of registration.
In any event, the user is informed that by using the mobile application, he accepts without reserve the Terms.
The Terms may be modified at any time by the publisher. The new version of the Terms will be posted on the site at https://dataeum.com/terms/en.
Each time the Terms are modified, a new version of the application will be proposed and must be downloaded by the user, which implies acceptance of the new Terms that will be immediately applicable to him/her.
2 REGISTRATION AND ACCESS TO THE SITE & DATAEUM APPLICATION
2.1 Registration / Account creation
The use of the services of the site and the Dataeum application presupposes prior registration on the part of the user.
When registering, the user must communicate personal information relating to his identity; he also undertakes to update it regularly.
The publisher reserves the right to check this information.
The registration and account creation can also be done by the publisher which will provide account credentials.
Any change of address, name or any other information that may be necessary must be notified to the publisher by the user by modifying the information concerning him/her directly in the Application.
2.2 Specific technical condition
To benefit from the services offered on the Dataeum application, the user must use a smartphone with the following characteristics:
- allowing him/her to download the application from the Android play store or by directly receiving the SDK file of the application.
- using the Android operating system at least 6.0
- accepting geolocation
- allowing the taking of pictures
In fairness to all users, the publisher reserves the right to block the use of the Application on any phone equiped with an application that can deceive its GPS.
2.3 Duration and termination
The user's registration is for an indefinite period of time.
At any time the user who no longer wishes to benefit from the services offered by Dataeum may request the termination of his account.
The data of his user account will then be deleted with the exception of those necessary for the accounting and tax obligations incumbent on Dataeum.
2.4 Protection of privacy and of personal data
In application of the law n° 78-17 of January 6, 1978 modified by the law n° 2004- 801 of August 6, 2004 relating to data processing, files and freedoms, each user has the right to oppose, access and rectify data concerning him/her. He can thus demand that any information concerning him that is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted.
3 COPYRIGHT PROTECTION
3.1 Site and mobile application content
The general structure of the Dataeum application, as well as the texts, graphics, images, sounds and videos composing it, are the property of the Publisher. Any representation and/or reproduction and/or partial or total exploitation of the contents and services offered by the site and the Dataeum application, by any process whatsoever, without the prior written consent of Dataeum and/or its partners is strictly prohibited and would be liable to constitute an infringement within the meaning of articles L 335-2 and following of the Intellectual Property Code.
3.2 Copyrights
The user undertakes to transmit photographs that are free of any other rights and for which he is the owner of the associated copyrights. When a collection is made, he assigns his rights to Dataeum in return for an agreed net sum described in article 4.4 of the Terms.
4 COLLECTION OPERATION
4.1 Information on available collections
All information concerning collections, elements to be collected, targeted areas, mode and amount of remuneration, will be directly communicated by email to users or through Dataeum’s social media such as Telegram’s channel.
Only the collections corresponding to the user's geographical perimeter will be visible by the user.
This perimeter is set according to the collection areas predefined by Dataeum.
4.2 Realization of the collection
To carry out its collection, the user must go to the requested area to carry out the requested actions; the user's location will then be recorded and will be checked during the validation of the collection.
Collectors can perform two types of collection actions: the initial collection of the attributes of an element that is not already listed on the map, and the verification of the attributes of an element that is already listed on the map.
4.3 Collection validation
The validation of the collection of an element is done between users. It must make it possible to check that the data correspond to each other: correspondence of the name, geolocation, address, photos, category, telephone number, email address and opening hours.
4.4 Remuneration
The remuneration of a collector is only awarded at the time of validation of at least one attribute of an element. The publisher reserves the right to unvalidate the collector’s remuneration in case the collection araises from a fraudulent behavior and/or not in the respect of the guidelines, concerning the collections, the elements to be collected, the targeted areas.
Remuneration terms is announced by direct communication to the users or the partner of Dataeum, in case such intermediary exists between Dataeum and the users.
When collections are made in the highlighted area on the map, the remuneration is validated, unless there is a detection of fraudulent behavior.
5 LITIGATION AND LIABILITY
The present Conditions, as well as any claim, cause of action or any dispute that may arise between the user and the publisher of the Dataeum service are subject to the jurisdiction of the French courts.
The publisher may not be held liable in the event of incorrect routing of electronic mail or in the event of interruption of Internet communications or alteration of the use of the Application (network communication, network interruption).
The use of the mobile application, implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical performance, response time to consult, query or transfer information.
The publisher is not responsible for telephone costs or costs generated by the transmission of data in the context of the use of the Dataeum service by a user.
The user undertakes to adopt a responsible and respectable attitude in the context of the collection of data. A contrary attitude could lead to a cancellation of the service for the user. The publisher cannot be held responsible for such an attitude.
The collections are carried out by the users under their sole responsibility; the responsibility of the editor could not be engaged in case of accident or incident during the realization of a mission.
6 USER'S OBLIGATION
By accepting these Terms, the user certifies that he or she is at least 18 years of age, has the authority to accept these Terms and authorizes the electronic transfer of funds through PayPal. The user is solely responsible for his compulsory tax declaration to the competent administration regarding taxes related to income generated by the collection actions, and value added taxes. The user declares that Dataeum is not responsible for the collection, declaration and payment of taxes related to the user's various actions.
The user is obliged to follow the announcements made on the Channel Telegram or by official email communication regarding application updates, information on the collection campaign, end of collection, end of collection, changes to remuneration, changes to target areas.