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TERMS OF USE Introduction These Terms will be applied fully and affect to your use of this Application (App). By using this App, you agreed to accept all terms and conditions written in here (the “Terms”). You must not use this App if you disagree with any of the Terms. Definitions AXEGAZ: AXEGAZ Trading and Technologies S.A.S, incorporated under French law, company registration number RCS Nanterre 847 514 908 and with head office at 120 rue Jean Jaures, 92300 Levallois-Perret, France. Intellectual Property Rights Other than the content you own, under these Terms, AXEGAZ and/or its licensors own all the intellectual property rights and materials contained in this App. You are granted limited license only for purposes of viewing the material contained on this App. Restrictions You are specifically restricted from all of the following: • publishing any App material in any other media; • selling, sublicensing and/or otherwise commercializing any App material; • publicly performing and/or showing any App material; • using this App in any way that is or may be damaging to this App; • using this App in any way that impacts user access to this App; • using this App contrary to applicable laws and regulations, or in any way may cause harm to the App, or to any person or business entity; • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this App; • using this App to engage in any advertising or marketing. Certain areas of this App are restricted from being access by you and AXEGAZ may further restrict access by you to any areas of this App, at any time, in absolute discretion. Any user ID and password you may have for this App are confidential and you must maintain confidentiality as well. Your Content must be your own and must not be invading any third-party’s rights. No warranties This App is provided "as is," with all faults, and AXEGAZ express no representations or warranties, of any kind related to this App or the materials contained on this App. Also, nothing contained on this App shall be interpreted as advising you. Limitation of liability In no event shall AXEGAZ, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this App whether such liability is under contract. AXEGAZ, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this App. Indemnification You hereby indemnify to the fullest extent AXEGAZ from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms. Severability If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein. Variation of Terms AXEGAZ is permitted to revise these Terms at any time as it sees fit, and by using this App you are expected to review these Terms on a regular basis. Assignment The AXEGAZ is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. Entire Agreement These Terms constitute the entire agreement between AXEGAZ and you in relation to your use of this App, and supersede all prior agreements and understandings. Governing Law and Jurisdiction These Terms will be governed by and interpreted in accordance with the laws of the State of France, and you submit to the non-exclusive jurisdiction of courts located in Nanterre, France for the resolution of any disputes. This is the current Text of the GDPR: PRIVACY POLICY AXEGAZ respects your privacy. AXEGAZ makes available to you its mobile applications (the “Application”) (collectively referred to as the “Services”). When you use our services, you’re trusting us with your information. We understand this is a big responsibility and work hard to protect your information and put you in control. This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, and delete your information. • This Privacy Policy covers: • User Accounts and Accessing the Services • Information that is being collected • Visibility • Controlling your personal information • How AXEGAZ retains data we collect • Information security • Compliance and cooperation with regulators • Changes to this Privacy Policy This Privacy Policy is incorporated as part of the Application’s Terms of Use (the “Terms of Use” or the “Terms”). Your use of the Services is subject to the Terms, Copyright Policy and this Privacy Policy and indicates your consent to them. To use our Services you must be 16 years of age or older. If you are under 16, you may not download or use the Services. In this Privacy Policy, the term “personal information” means information which you provide to us which personally identifies you, such as your name, email address or billing information, and, in certain circumstances, your location and route information or other data which can be reasonably linked to such information by AXEGAZ. Contact AXEGAZ - Privacy concerns reports If you have any questions about this Privacy Policy, or if you believe that your privacy has been compromised in the course of using the Services, please contact AXEGAZ at support.axecard@axegaz.com. You may send AXEGASZ other requests, responses, questions and complaints by email at: support.axecard@axegaz.com. User Accounts and Accessing the Services Please note that when you install the Application on your mobile device, AXEGAZ will set up an account associated with that mobile device (the “Account”). After installation, AXEGAZ will collect and use your information, including meta-data (as described below), in accordance with this Privacy Policy. This use may include linking your information with your Account. This is the case irrespective of whether or not you choose to create a username and password in the Application (as explained below). AXEGAZ may allow you to use the Application whether or not you choose to set up a username for yourself. If you choose to use the Services without setting up a username you may do so by skipping the username setup stage of the application installation process. If you do so: AXEGAZ will still link all of your information with your Account and a unique identifier generated by AXEGAZ in accordance with this Privacy Policy. With the exception described in the bullet below, and as explained in the section “Visibility” below, your Account and the information associated with your Account (including your unique identifier) will be visible only to AXEGAZ; please note that in order to access certain features of the Services you will need to set up a unique username to identify yourself.\n If you do set up a username and password in the Application: AXEGAZ will link all of your information with your Account and that username. This includes information received from all mobile devices running the Application on which you have chosen to sign in using your username and password; With the exception described in the bullet below and as explained in the section “Visibility” below, your Account and information associated with your Account will be visible only to AXEGAZ; and When using the Application, your approximate location and other information you may choose to contribute will be visible to other users associated with that username. AXEGAZ may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Services or for accessing certain features or designated sections of the Services. Your login details are your responsibility. You are fully accountable for any use or misuse of your Account and personal details as a result of conveying your login details to someone else. You must maintain your login details in absolute confidentiality and avoid disclosing them to others. Information that is being collected We want you to understand the types of information we collect as you use our services AXEGAZ collects information to provide better services to all its user. The information AXEGAZ collects, and how that information is used, depends on how you choose to use our services and how you manage your privacy controls. Information you create or provide to us: Account Information: information required when setting up a username you have chosen, such as your name and company. Bear in mind that false, incorrect, or out-dated information may impair AXEGAZ’s ability to provide you with the Services and to contact you when necessary. AXEGAZ will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you may not be able to set up a username (but you may still use our Services as explained in the above section “User Accounts and Accessing the Services”); and/or Information that you choose to share with AXEGAZ: information that you choose to share with AXEGAZ, including a username you have chosen, reports associated with your username, phone number, destinations you may travel to, and search queries. Even if you aren’t signed into an Account, you might choose to provide us with information - like an email address to receive updates about our services. Communication which you choose to conduct through the Services: We may also collect information when you exchange communication with AXEGAZ, for example, if you submit a request, contact AXEGAZ’s support team, or report a violation. Controlling your personal information If you find that the information associated with your Account is not accurate, complete or updated, then you should make all necessary changes to correct it. Please keep in mind that false, incorrect, or outdated information may prevent you from setting up a username and impair the ability to provide you with Services. Deleting your information If you would like us to delete your Account, please use the “Delete Your GDRP DATA” under GDPR menu item. On receiving such a request, AXEGAZ will use reasonable efforts to delete such information, however, please note that information may not be deleted immediately from our back-up systems. We aim to initiate the deletion process immediately after your request. Once we receive your request, your data will no longer be used to personalize your Application experience. We then begin a process designed to safely and completely delete the data from our storage systems. This process generally takes around 2 months from the time of deletion. As with any deletion process, things like routine maintenance, unexpected outages, bugs, or failures in our protocols may cause delays in the processes and time frames defined in this policy. We maintain systems designed to detect and remediate such issues. How AXEGAZ retains data we collect Some data you can delete whenever you like, some data is deleted automatically, and some data we retain for longer periods of time when necessary. This section describes why we hold onto different types of data for different periods of time. Data that expires after a specific period of time - in some cases, you don’t need to actively delete your information as we set retention timeframes based on the reason for the data’s collection. Information retained until your Account is deleted - we may keep some data for the life of your Account if it’s useful for helping us understand how users interact with our features and how we can improve our services. Information retained for extended time periods for limited purposes - sometimes business and legal requirements oblige us to retain certain information, for specific purposes, for an extended period of time. Reasons we might retain some data for extended periods of time include: • Security, fraud and abuse prevention • Financial record-keeping • Complying with legal or regulatory requirements • Ensuring the continuity of our services • Direct communications with AXEGAZ Information security QXEGW considers information security to be a top priority. AXEGAZ services are built with strong security features that continuously protect your information. AXEGAZ implements systems, applications and procedures to secure your personal information, to minimize the risk of theft, damage, loss of information, or unauthorized access or use of information. However, these measures are unable to provide absolute assurance. Therefore, although AXEGAZ takes great efforts to protect your personal information, AXEGAZ cannot guarantee and you cannot reasonably expect that AXEGAZ databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. Compliance and cooperation with regulators We regularly review this Privacy Policy and make sure that we process your information in ways that comply with it. Data transfers\n We store data on servers located around the world and your information may be processed on servers located outside of the country where you live. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this policy. When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of your data that we cannot resolve with you directly. European requirements If the European Union (EU) data protection law applies to the processing of your information, we provide the controls described in this policy so you can exercise your right to request access to, update, remove, delete, and restrict the processing of your information. You also have the right to object to the processing of your information. We process your information for the purposes described in this policy, based on the following legal grounds: With your consent, we ask for your agreement to process your information for specific purposes and you have the right to withdraw your consent at any time. When we’re pursuing legitimate interests, we process your information for our legitimate interests and those of third parties (such as partners including advertisers, in order to report use statistics) while applying appropriate safeguards that protect your privacy. This means that we process your information for things like: • Providing, maintaining, and improving our services to meet the needs of our users • Developing new services and features that are useful for our users • Understanding how people use our services to ensure and improve the performance of our services • Customizing our services to provide you with a better user experience • Marketing to inform users about our services • Providing advertising to make our services freely available for users • Detecting, preventing, or otherwise addressing fraud, abuse, security, or technical issues with our services • Protecting against harm to the rights, property or safety of AXEGAZ, our users, or the public as required or permitted by law • Performing research that improves our services for our users and benefits the public • Fulfilling obligations to our partners like developers and rights holders • Enforcing legal claims, including investigation of potential violations of applicable Terms of Service When we’re providing a service, we process your data to provide a service you’ve asked for under a contract (including our terms of use). When we’re complying with legal obligations, we’ll process your data when we have a legal obligation to do so, for example, if we’re responding to legal process. If you have questions, you can contact AXEGAZ and our data protection office, led by our Data Protection Officer, at: support.axecard@axegaz.com. And you can contact your local data protection authority if you have concerns regarding your rights under local law. You agree to be bound by any of the changes made in the terms of this Privacy Policy. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.
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