TERMS OF SERVICE
FIRST ARTICLE – Definitions: “The Application”: refers to the “LOVERS” mobile application, i.e. the software downloadable from the Internet, the updates of this software as well as all the elements therein. related such as databases, graphics, photos, videos, logos, music, etc…. – “General Conditions of Use” or “CGU”: refers to these general conditions of use, accessible from the Website and the Application, which define the terms of access and use of the Application. – “User”: designates all persons with free, professional or certified accounts who have downloaded the Application. “Place”: designates all the places.
ARTICLE 2 – Scope: The purpose of the Application is to create a social network, allowing research, friend requests, instant chat with friends, but also the search for places and events, the organization of private or public events, etc…. The app is strictly for adults 18+. LOVERS disclaims full responsibility if the date of birth information provided by the user was incorrect leading to use by a minor.
2.1 – Legal notices: These General Terms and Conditions of Use apply, without restriction or reservation, to the use of the Application which can be downloaded free of charge and which can be executed from the operating system of the User’s mobile phone or tablet. The Application is managed by the company Swing’App Sàrl, whose head office is located in Martigny, registered in the Trade and Companies Register of Bas-Valais.
2.2 Acceptance of the T&Cs: Downloading and using the Application implies that the User acknowledges having read and accepts, without restriction or reservation, all of the General Conditions of Use. Swing’App Sàrl reserves the right, at any time and without notice, at its sole discretion and without liability to the User, to modify the terms of the General Conditions of Use. The use of the Application thus modified implies that the User acknowledges having read and accepts, without restriction or reservation, all of the new General Conditions of Use. Swing’App Sàrl reserves the right to modify later, without notice, and for any reason whatsoever, its pricing principle and/or to simply withdraw the Application.
ARTICLE 3 – Terms of use of the Application: The Mobile Application can be downloaded free of charge by the User through an online download platform and in particular the APPSTORE or Google Play. In order to use all the features of the Application, via a mobile phone, tablet or other medium, the User must have appropriate broadband Internet access, a telephone subscription allowing Internet access, a mobile phone and/or a tablet compatible with the Application: Smartphone / Iphone, a wap connection, wi-fi. The User agrees to have the skills and equipment suitable for using the Application. The User is fully informed that certain functionalities of the application require geographical information and the activation of the geolocation function as well as the sharing of this information with other Users. The absence of activation of the geolocation functions of the User’s mobile terminal cannot allow optimal use of the Application. The User who has deactivated this function will be prompted by a visual signal to activate it or will authorize the application to activate it automatically in order to take full advantage of the functions of the Application. The User is informed that the precision of the distance and the geographical information of the other Users given by the application is variable according to the location of the User and the conditions of access to the Internet network and that due to current technological limits, there is a minimum margin of error of three meters in optimal conditions of use. The application has 3 forms of user account: -Free account: discussion with a member (friend), participation in a private event search for profiles by nickname and by city…. – Certified account: the user would have proceeded to the verification of his account via a “selfie” image containing his face as well as a support mentioning his nickname and the date of his request for certification. The certification account is at the discretion of the administrator and may or may not be granted. Approved Certified accounts can get additional features such as participating in public events, rating locations, and getting a Certified profile badge. The list and subject of features and unlocked rights may change in app versions. – Paid Account: Using Apple or Google internal purchase, a paid account provides full access to all features e.g. view profile pictures, upload photos and videos via messaging. Subscription and payment are handled by Apple or Google and the “inApp” subscription process is non-refundable. Approved Certified accounts can get additional features such as participating in public events, rating locations, and getting a Certified profile badge. The list and subject of features and unlocked rights may change in app versions. – Paid Account: Using Apple or Google internal purchase, a paid account provides full access to all features e.g. view profile pictures, upload photos and videos via messaging. Subscription and payment are handled by Apple or Google and the “inApp” subscription process is non-refundable. Approved Certified accounts can get additional features such as participating in public events, rating locations, and getting a Certified profile badge. The list and subject of features and unlocked rights may change in app versions. – Paid Account: Using Apple or Google internal purchase, a paid account provides full access to all features e.g. view profile pictures, upload photos and videos via messaging. Subscription and payment are handled by Apple or Google and the “inApp” subscription process is non-refundable. The list and subject of features and unlocked rights may change in app versions. – Paid Account: Using Apple or Google internal purchase, a paid account provides full access to all features e.g. view profile pictures, upload photos and videos via messaging. Subscription and payment are handled by Apple or Google and the “inApp” subscription process is non-refundable. The list and subject of features and unlocked rights may change in app versions. – Paid Account: Using Apple or Google internal purchase, a paid account provides full access to all features e.g. view profile pictures, upload photos and videos via messaging. Subscription and payment are handled by Apple or Google and the “inApp” subscription process is non-refundable.
ARTICLE 4 – Responsibilities: The User accepts by using the Application all the risks and characteristics specific to the use of mobile and Internet terminals, in particular the possible technical malfunctions of the Internet and mobile telephony networks preventing the smooth running and/or operation of all or part of of the Application, anomalies and/or technical failures, transmission times and the risks of hacking. The User acknowledges and accepts that the use of certain functionalities of the Application is provided by means of the Internet and, consequently, that factors beyond the control of the company Swing’App Sàrl may have an impact on the operation of these elements of the Application. The User is also informed of any viruses and other harmful programs that may circulate on the Internet and which could contaminate his terminals. Swing’App Sàrl cannot be held responsible for these risks and their harmful consequences, whatever the extent for the User. The User is solely responsible for the use of the Application and related services, which is done at his own risk. The Application is provided as is and remains subject to changes and improvements. Consequently, the company Swing’App Sàrl does not provide any guarantee and rejects any responsibility with regard to the availability, security and quality of the Application. Nor can Swing’App Sàrl be held liable in the event of deletion or inability to store or transmit and/or receive any content or other information maintained or transmitted by the Application. The company Swing’App Sàrl will not be responsible for any damage or alteration of the User’s mobile terminal, following the installation or use of the Application. Within the limits permitted by the applicable legislation, the company Swing’App Sàrl can in no way be held responsible for any direct, indirect, accidental, special, incidental or other damage arising from the use or impossibility of using the Application and/or any related services or any damage or loss whatsoever. In any case,
ARTICLE 5 – Obligations of the user:The User is solely responsible for content of any kind and in particular for comments that he disseminates in the context of the use of the Application. The User undertakes that the said Contents correspond to the types of profiles defined, that they are lawful, do not infringe public order, morality or the intellectual property rights of third parties, do not infringe any legislative or regulatory provision and more generally, are in no way likely to involve its civil or criminal liability. The User is prohibited from disseminating, in particular and without this list being exhaustive: – pornographic, obscene, indecent, shocking, defamatory, abusive, violent, racist Content, infringing Content, infringing Content in the image of a third party, false Content, misleading or proposing or promoting illicit, fraudulent or misleading activities, Content offering prostitution services, Advertising Content, Content encouraging people to join another platform, Content that does not correspond to their announcement, and more generally Content likely to infringe the rights of third parties or be prejudicial to third parties, in any way and in any form. The User also undertakes to provide when registering a valid e-mail address and correct information or Swing’App Sàrl may contact him if necessary. The User is also prohibited from asking other users for personal information (surname, first name, address, date and place of birth, telephone number, e-mail, etc., non-exhaustive list), from profiling, to undertake research on users and more generally it refrains from carrying out any investigation on the authenticity or not of a profile, it undertakes to respect the anonymity of users. In the event of non-compliance with this clause, the user concerned will be reported to the competent authorities for violation of privacy. All registrations with an invalid email address or incorrect information may result in the deletion of the account concerned without notice and more generally Swing’App Sàrl reserves the right to delete content that does not comply with this article, in the event of abuse, block or delete the user account concerned without prior notice. he undertakes to respect the anonymity of users. In the event of non-compliance with this clause, the user concerned will be reported to the competent authorities for violation of privacy. All registrations with an invalid email address or incorrect information may result in the deletion of the account concerned without notice and more generally Swing’App Sàrl reserves the right to delete content that does not comply with this article, in the event of abuse, block or delete the user account concerned without prior notice. he undertakes to respect the anonymity of users. In the event of non-compliance with this clause, the user concerned will be reported to the competent authorities for violation of privacy. All registrations with an invalid email address or incorrect information may result in the deletion of the account concerned without notice and more generally Swing’App Sàrl reserves the right to delete content that does not comply with this article, in the event of abuse, block or delete the user account concerned without prior notice.
ARTICLE 6 – Information Technology and Freedoms: Swing’App Sàrl declares that the Site and the application comply with Swiss rules relating to the protection of privacy and personal data.
ARTICLE 7 – Intellectual property: The content of the Site is the property of Swing’App Sàrl and is protected by Swiss and international law relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting. In addition, the company Swing’App Sàrl remains the owner of all intellectual property rights on the studies, drawings, models, prototypes, CGU, etc., produced with a view to providing the Application and its services to the User. . The User is therefore prohibited from any reproduction or use of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the company Swing’App Sàrl. Consequently, the User agrees not to: – integrate all or part of the content of the Site and the Application into a third-party site, for commercial or non-commercial purposes, to use a robot, in particular for exploration, a search or recovery application for Internet sites or any other means allowing to recover or index all or part of the content of the Site and the Application, to copy the information on media of any kind allowing to reconstitute all or part of the original files. Any use of elements of the Site and the Application not expressly authorized entails a violation of copyright and constitutes an infringement. Any use not expressly authorized may incur the civil and/or criminal liability of its author.
ARTICLE 8 – Modifications to the services and specific conditions of use: The functionalities and/or characteristics of the Application and/or the services relating thereto are subject to change, the User is informed that the company Swing’App Sàrl reserves the right to launch new services but also, where applicable, without notice and at its sole discretion, to remove some or modify all or part of the functionalities, characteristics, sections and/or services of the Application, at any time.
ARTICLE 9 – Termination: The User may unilaterally decide to delete the Application at any time by deleting it from his mobile phone or tablet, without further formalities.
ARTICLE 10 – Applicable law: Language By express agreement between the parties, these General Conditions of Use are governed by and subject to Swiss law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 11 – Disputes: All disputes to which these General Conditions of Use could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences will be submitted to the competent courts under the conditions of common law
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Privacy Policy
Preamble: In order to provide the application to users, Swing’App Sàrl through the Application needs to collect certain information about them.
Purpose: Its purpose is in particular, in accordance with the LPD, to inform Users of the nature of the Data collected, their methods of collection and processing as well as the User expressly consents to the processing by Swing’App Sàrl, in the conditions provided here, of his Personal Data collected via the Application.
When is User Data processed? : The User’s Personal Data is notably collected or processed during the use and geolocation of the User. The Data is collected directly from the User when the latter uses the application, in accordance with the T&Cs.
The nature of the Data collected and processed: As part of the use of the application, several types of data may be collected.
– generic data: pseudonym, age, language spoken and gender.
– identity and address data: this includes data such as email address.
– location data: when the User authorizes the operating system of his mobile terminal to communicate his geolocation data to the application.
– Excluded data: The application is not intended for minors. If Swing’App Sàrl learns that a User under the age of 18 has transmitted his data, this data will be erased. If a legal guardian learns that their child has provided personal data, they should contact us as soon as possible.
-The data is processed in whole or in part for: the execution of the Conditions, the personalization of the User experience by making the information
communicated to the User relevant.
To whom are the Data transmitted? : Swing’App Sàrl undertakes not to communicate the Personal Data of its Users to third parties other than those mentioned below, except in cases where it would be obliged to do so by law, or a court or administrative decision. imposing on her. Authorized services of Swing’App Sàrl:
– Access to the User’s personal data is reserved for authorized persons, for the maintenance of the application as well as the management of complaints and for the fulfillment of the latter. In addition, the authorized persons are subject to the respect of strict confidentiality of which they are aware during the exercise of their
missions. the provision of services to third parties as part of its activities and the
delivery of the Program. It is possible that for the realization of these, it communicates Personal Data of the User to its service providers. In such a case, the service providers will be obliged to implement all useful and adequate measures to protect them.
Data retention period: Swing’App Sàrl will retain the User’s Personal Data for the duration of the User’s Membership in the network and for a maximum period of five (5) years after cessation of use of the application and/or expiration of the service.
User rights: The User has a right of access to all of the
Personal data concerning him. The User has the right to demand from Swing’App Sàrl information relating to the purpose of the processing of his Personal Data, the categories of Personal Data processed as well as the recipients of his Data. The User also has a right of opposition for legitimate reasons to the processing of his Personal Data. The User must make his request via the dedicated link “Contact admin” in the application.
Geolocation data: In order to provide the User with adapted and personalized services, his precise geographical position may be used. The User’s geolocation data will be collected only with his express consent and according to the geolocation system that he will accept. The geolocation data collected will allow the application to display profiles nearby and places provided that the latter has accepted this geolocation. The User may at any time deactivate the geolocation function from his mobile terminal.
Security measures : Anxious to guarantee the security of the Personal Data of its Users, Swing’App Sàrl takes all the necessary precautions, whether physical, logical, administrative or organizational, with regard to the nature of the Data it processes and the risks presented by the different processing operations, in order to preserve the security of Personal Data and to prevent it from being distorted, damaged or from unauthorized third parties having access to it. These measures include in particular: management of authorizations for access to Personal Data, secure authentication of access to the Application, confidentiality of exchanges ensured by an SSL, SSL/TLS protocol. In the event of outsourcing of part or all of the processing of Personal Data,
Update of the Privacy Policy: This Privacy Policy may be modified at any time. Swing’App Sàrl reserves the right to modify this privacy policy without notice, and for any reason whatsoever.