TERMS AND CONDITIONS
-
DATED April, 25th 2022
+DATED Jul, 20th 2023
PREAMBLE
E Foundation develops mobile operating systems, applications and tools designed to protect users' privacy.
@@ -18,13 +18,14 @@In this context, "App Lounge" is an application that provides access to a set of applications that can then be downloaded and installed on your cell phone (hereafter, "the Software").
E Foundation is the publisher of App Lounge.
-The "users" are the persons who use the Software.
+The "users" are the persons who use the Software and are addressed as "you".
The Software is accessible on the cell phone of users who can use it.
-Pursuant to Articles 7(4) and 20 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Software allows the User to exercise his rights to the protection of his personal data.
-Firstly, the Software allows the User to exercise his/her right to download applications without this action being coupled with the collection and processing of his/her personal data.
-Secondly, the Software allows him to exercise his right to data portability, under his direction and responsibility to download applications from the Google Play Store.
-In this context, the User will be able to download the applications of his choice, either anonymously or through his Google account.
-In both cases, the User will have a direct relationship with the Google Play Store, with App Lounge running directly from the User's cell phone, and Foundation will not collect any data in any capacity.
+Pursuant to Articles 7(4) and 20 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Software allows you to exercise your rights to the protection of your personal data.
+Firstly, the Software allows you to exercise your right to download applications without this action being coupled with the collection and processing of your personal data.
+Secondly, in case you're using the "Anonymous" mode or the "Signed in with Google" mode the Software allows you to exercise your right to data portability, under your direction and responsibility to download applications from the Google Play Store.
+In this context, you will be able to download the applications of your choice, either anonymously or through your Google account.
+In both cases, you will have a direct relationship with the Google Play Store, with App Lounge running directly from your cell phone, and E Foundation will not collect any data in any capacity.
+In case you're solely using the "PWA and Open Source apps" mode you are not concerned by this second point regarding your personal data and Google.
The purpose of these Terms of Use is to define the terms and conditions under which Users may access and use the Software. They constitute a contract between E Foundation and the Users. They supersede all previous provisions and, except for specific conditions, constitute the entirety of the rights and obligations of the parties.
By installing App Lounge and using the Software, Users agree to be bound by these Terms and Conditions and to accept them without reservation.
-If Users refuse to comply with any of the obligations and conditions contained in the Agreement, they must forfeit access to and use of the Software.
-Users represent and warrant that they have the legal capacity to contract and, if they are a legal entity, that they are authorized to act on behalf of such entity.
-The Users declare that they have the right to use the Software.
-Furthermore, Users declare that they have read the Terms and Conditions of the Google Play Store as indicated at: https://play.google.com/
-They also declare to respect them, when exercising their right to benefit from a service that is not coupled with the collection and processing of their personal data, as well as when exercising their right to the portability of their data.
+If you refuse to comply with any of the obligations and conditions contained in the Agreement, you must forfeit access to and use of the Software.
+You represent and warrant that you have the legal capacity to contract and, if you are a legal entity, that you are authorized to act on behalf of such entity.
+You declare that you have the right to use the Software.
+Furthermore, when using the "Anonymous" mode or the "Signed in with Google" mode you declare that you have read the Terms and Conditions of the Google Play Store as indicated at: https://play.google.com/
+You also declare to respect them, when exercising your right to benefit from a service that is not coupled with the collection and processing of your personal data, as well as when exercising your right to the portability of your data.
+When solely using the "PWA and Open Source apps" mode you are not compelled to read and respect the Terms and Conditions of the Google Play Store.
These General Conditions are concluded for the duration of the use of the Software by the User.
In addition to the other prohibitions set forth in these terms and conditions, Users agree to use the Software in a virtuous manner.
-Specifically, they are prohibited from using the Software for the following purposes:
+Specifically, you are prohibited from using the Software for the following purposes:
carrying out illegal or fraudulent activities or activities that infringe on the rights or safety of third parties;
@@ -117,8 +119,8 @@E Foundation is committed to the protection of personal data.
It is committed to respecting the highest possible level of protection in accordance with the French Data Protection Act.
In this context, E Foundation does not collect any data about the Users.
-Indeed, App Lounge only works locally on the User's phone, under his control and direction, without transmitting any personal data to E Foundation, except his (non-logged) IP address when calling the authentication token generation service.
-However, even if App Lounge does not collect any data, Users always have the right to information, and eventually to access, rectify and delete their data by e-mail: contact@e.email
+Indeed, App Lounge only works locally on your phone, under your control and direction, without transmitting any personal data to E Foundation, except your IP address when calling the authentication token generation service.
+However, even if App Lounge does not collect any data, you always have the right to information, and eventually to access, rectify and delete your data by e-mail: dpo@murena.com
In order to guarantee the protection of Users' personal data, E Foundation has a Data Protection Officer.
IN THE EVENT OF A DISPUTE RELATING TO THE FORMATION, EXISTENCE, VALIDITY, INTERPRETATION, EXECUTION OR TERMINATION OF THESE TERMS AND CONDITIONS AND THEIR POSSIBLE CONSEQUENCES, THE COURTS OF THE JURISDICTION OF THE COURT OF APPEAL OF PARIS SHALL HAVE JURISDICTION NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS, INCLUDING WITH REGARDS TO URGENCY OR PRELIMINARY PROCEEDINGS.