General terms and conditions of use
Definitions of terms
Application: the POLYMATE application, available on Google's Play Store.
POLYMATE: POLYMATE, a simplified joint stock company with a capital of 1000.00 euros, registered with the Meaux Trade and Companies Register under number 820 327 591, and owner and sole operator of the POLYMATE Application and brand.
GCU: These General Terms and Conditions of Use.
Polymaters: Person registered on the Application.Female Polymers: Female polymers with regard to their civil status.
Male Polymers: Male polymers with regard to their marital status.
Tags: Publication text, video, Photo are geolocated thanks to the geolocation of the Polymaters mobile phone. Tags "registered" will only appear on the news feed of one of our other Polymater if it is present at the place of the post, unless it decides to be in friendship with the Polymater owner of the
Signature: Action symbolized by a circle to express interest. Its action is public.
Comment: Polymers have the possibility to comment Tags... Its action is public
Messages and voice messages: Polymers can initiate the "Discuss" action in the Application, and send each other Messages. Messages are visible in the messaging system accessible from the "Message" icon.
Kitty: The kitty of the Polymaters increases according to the profits generated thanks to their publication, which can be recovered from the amount of 70 euros via PayPal or directly on their bank account.
Account : The account is the personal space dedicated to the Polymate on the Application, which it accesses by registering and connecting to the Application. It allows the Polymaters to access the Services.
Facebook Connect: Feature that allows Polymaters to use their Facebook account to identify themselves on the Application to simplify the registration process.
Article 1 : Scope
The T&Cs define the rights and obligations of the parties in connection with the use of the Application. They support a contractual relationship between the Polymaters and POLYMATE.
1.1 Conflict of standards
In the event of a conflict between the various policies resulting in a lack of accessibility, intelligibility and/or predictability of the rules, these T&Cs take precedence over the Charter of Trust and FAQs.
1.2 Autonomy of stipulations
In the event that one of the provisions of these T&Cs is declared null and void or inapplicable by the effect of a law, regulation or court decision of a competent court, the other provisions shall retain their validity and force, unless it is assumed that these T&Cs are distorted or that this results in a significant imbalance in the obligations of the parties.
2 : Modification of the T&Cs
POLYAMTE reserves the right, at any time and unilaterally, to supplement or modify these T&Cs as it deems necessary, or to terminate the Services.
The Polymaters will be informed of the update of the T&Cs via the Application and/or by sending an e-mail to the address provided by the Polymaters. It is the Polymaters' responsibility to ensure the validity of this email address.
It is the Polymaters' responsibility to carefully read the T&Cs when they are updated and to take full note of the changes resulting from them.
The fact that the Polymaters continues to use the Application Services after the update of the T&Cs constitutes its unreserved acceptance of the changes made to the T&Cs.
In the event of disagreement with the modifications to the T&Cs, the Polymaters may terminate the Services and its Account in accordance with Article 16.3.
2.2 Application immédiate
Les nouvelles CGU s’appliqueront immédiatement pour les Polymaters.
Article 3 : Loi applicable et règlement des litiges
3.1 Loi applicable
Les présentes CGU sont soumises à la loi française.
3.2 Règlement des litiges
En cas de différend, le Polymaters s’engage à contacter directement POLYMATE afin de tenter de résoudre tout litige à l’amiable.
En cas d’échec, le Polymaters est informé qu’il peut choisir d’avoir recours gratuitement à la médiation et peut présenter ses réclamations éventuelles sur la plateforme de résolution des litiges mise en ligne par la Commission Européenne à l’adresse suivante : http://ec.europa.eu/consumers/odr/.
Avant d’engager une telle procédure, le Polymaters devra avoir préalablement soumis son litige à POLYMATE par écrit afin de tenter d’obtenir une résolution amiable de celui-ci.
Toute contestation ou litige relatif à la formation, l’interprétation, l’exécution ou la fin des présentes ou en relation avec les présentes CGU qui n’aurait pu être résolu amiablement sera soumis aux Tribunaux compétents de Paris.
Article 4 : Inscription
4.1 Modalités de téléchargement
L’Application est disponible sur les plateformes de téléchargement légal Google. Elle est téléchargeable gratuitement sur le Play Store de Google.
4.2 Droit du Polymaters à l’inscription
Lorsque les conditions nécessaires au statut de Polymaters sont remplies, POLYMATE attribue au Polymaters, à titre personnel, un Compte contenant:
- Une fiche profil
- Une boite de messagerie
- Une option « notifications »
4.3 Obligations of the Polymaters at registration
The Polymaters must be over 18 years old and guarantees that all the information provided when registering is true and up to date.
Registration is done via Facebook Connect, which allows POLYMATE to use the profile photo, first name, age deducted from the date of birth and the interests of the Polymaters to create a "profile" file. Consequently, the Polymaters must verify the authenticity of its Facebook information before registering for the Services.
Article 5 : Services and functionalities
5.1 Purpose of the Services
The Application provides POLYMATE Polymers with a user-friendly framework that promotes contact with other Polymaters in the vicinity or crossed in the past, in order to establish virtual or real meetings for personal and leisure purposes. Each Polymer is free to discuss and establish relationships with other Polymers in accordance with these T&Cs.
Under no circumstances may the Services offered by POLYMATE be considered as marriage counselling or brokerage activities. They are intended solely to facilitate the meeting through the Application depending on the location and preferences of the Polymers, in a virtual or real way, between those with a mutual interest.
5.2 Polymer Services
Some POLYMATE Services are available from the Application free of charge (excluding connection and telecommunication costs) for the Polymaters, which undertakes to comply with these T&Cs, including:
- Unlimited sending of Messages and voicemails;
- Visit the profiles of other Polymaters in an unlimited and confidential way;
- Pass an unlimited number of Polymaters tags;
- Confidentially block all Polymaters whose behaviour justifies this choice;
- Confidentially report all Polymers whose behaviour is contrary to these T&Cs or applicable law;
- Consult the list of Polymaters blocked in the past;
- Access the list of Polymers during the entire period of use of the Application;
- Receive notifications;
- Invite friends;
- Consult the FAQs and the Tutorial;
- Complete your profile, in compliance with these T&Cs;
- Delete its Messages and voice messages.
6 : Protection of personal data
6.1. Data controller
POLYMATE, a simplified joint stock company with a capital of 1000.00 euros, registered at the Meaux Trade and Companies Register under number 820 327 591, and owner and sole operator of the POLYMATE Application and brand.
The data collected are processed by POLYMATE, a company with a capital of 1000.00 euros, registered at the Meaux Trade and Companies Register under number 820 327 591 at the MEAUX Trade and Companies Register, whose registered office is located at 14 Boulevard des Sport 77700 Bailly-Romainvilliers, France and represented by its President, Mr Armel Satchivi.
6.2. Information we collect
When you use our Services, we may collect and process data that is necessary for the operation of the Application and the provision of the Services. This is information that you provide directly to us or data that we collect automatically.
6.2.1 Data that you provide us directly
By using our Services, you are required to provide us with information, some of which may identify you. When you provide this information, you agree that some of this data may be visible to other Polymers in the Application and may therefore be made public on the Application. To enable you to easily identify them, this information is indicated below as "Public". POLYMATE cannot be held responsible for data disclosed and made public by a Polymaters on POLYMATE.
On the other hand, the other information is not visible to other Polymers and is therefore not accessible by them.
The information you provide us with contains the following data:
Registration Data: This is the basic data required for registration to access the Services. This data is collected by POLYMATE, from Facebook to minimize formalism, via Facebook Connect. By clicking on the "Facebook Connect" button, you agree that Facebook may provide us with this data. This data is related to your identity, namely:
- Your (public) photograph: At a minimum, the public Facebook profile photograph. You then have the option to remove your photos and/or add other photos from your Facebook or smartphone account to your Account.
- Your (private) date of birth: only the age deducted from the date of birth is visible to other POLYMATE (public) Polymaters. However, you have the option to hide your age by subscribing to an option.
- Your gender (audience)
- Your first name (public) (public)
- Your name (public)
- Love situation (public)
- Occupation (public)
- Housing situation (public)
- City (public)
- Languages spoken (public)
- Your interests (Private) such as your personal preferences, hobbies, Facebook friend list to view potential friends together on the Application).
- Your (private) e-mail address. The Polymaters undertakes to verify that the e-mail address retrieved via Facebook Connect is valid in order to facilitate communication with POLYMATE.
- Your mobile phone number (private).
This information is mandatory. If you do not provide them, POLYMATE will not be able to provide you with the Services offered by the Application and you will not be able to
188.8.131.52 Data that we automatically collect
When you use our services and features, we collect information about your activity on the Application:
Data relating to your activity: when you access the Services and use the Application and its functionalities, information may be collected and processed concerning the way you use them. These include the registration date, last connection, type and number of interactions with others.
Position data (geolocation): The main interest and vocation of the Application is to allow you to submit geolocated publications or good you look like for other Polymaters that will pass at the same place. An authorization is required to collect and process data related to your geolocation in order to allow POLYMATE to identify its deposition points. This geolocation allows POLYMATE to allow you to locate a tag.
POLYMATE may, in the event of express consent, access your position, approximately or more precisely depending on the technology used. POLYMATE does not reconstruct the movements and/or routes of its Polymaters and reminds you to list only the tags deposited by its users. At no time is the exact location or route of a Polymater visible to other Polymaters. You can revoke your consent free of charge at any time and deactivate the geolocation option on your smartphone. In this case, your news feed will no longer be updated and you will no longer be able to see the tags around you.
Data relating to the use of the messaging service: messages are sent and not stored on POLYMATE servers to ensure the confidentiality of transmissions of exchanges between Polymaters. Messages and voice messages are strictly private and are only binding on interested Polymers. POLYMATE's authorized officers do not exercise any right of control over these conversations, except upon judicial request and/or in accordance with applicable laws or regulations. In addition, the strictly private Messages will not be accessible to other Polymaters not involved in the exchange, nor to any third parties.
Data relating to search preferences: the Application allows you to search for other Polymaters using their first and last names. Device and equipment data: we collect information from and about the devices and equipment you use to access our Services such as server logs that may include, but are not limited to, information such as IP addresses, application version, mobile model, mobile ID, language used, operating system, application failures, advertising identifiers. POLYMATE is not able to access the navigation history of its Polymaters. Data may be collected using cookies: for more information, we invite you to visit the Cookies Policy.
6.3. How the data collected is used
The data collected by POLYMATE is necessary for the provision of the Services and the proper functioning of the Application that are offered to Polymaters under the terms of the service contract between us (conditions of use). Your data are thus processed for the following purposes:
1. Creation and management of your Account as a Polymer (including service access management and customer service and support);
2. Punctual geolocation to locate tags near you;
3. Sending information messages relating to the Services or your interactions with other Polymers (notifications);
4. Sending of POLYMATE or partner newsletters as well as marketing or advertising messages or content by POLYMATE or its partners.
The data collected are also necessary for POLYMATE's legitimate interests (improvement and optimization of services as well as a better knowledge of its Polymaters and the way in which our Services are used) and in particular for statistical studies, satisfaction surveys and marketing analyses related to the use of the Application and Services by Polymaters.
Where the processing is based on the consent of the Polymaters to the processing of their data, they may withdraw it at any time; the withdrawal of their consent shall not affect any processing carried out prior to such withdrawal.
POLYMATE may process Polymers' personal data in response to a legal request (search warrant, court order or other) or to comply with legal, regulatory, judicial or administrative obligations. POLYMATE may also process your personal data to detect or prevent fraudulent activities or breaches of the security of the Services, in accordance with the law or to analyse reports of Polymers who have acted in breach of the General Terms and Conditions of Use.
6.4. How your data is shared
Only certain employees of POLYMATE's customer services and support departments and authorized managers process Polymaters' personal data for the purposes described above. These employees and authorised managers have access only to the data they need in the course of their duties.
These service providers and partners help us to operate and improve our Services, including data hosting, studies, analyses and statistics, the use of the Application and/or the proper functioning of the Application and provide the necessary assistance to its Polymaters, marketing and advertising in order to address relevant offers, messages and content to POLYMATE Polymaters.
The personal data of a Polymer identified as "public" in Article 6.2 above which appear on its profile are visible to other Polymers.
Finally, POLYMATE may transmit certain data at the request of government agencies and to comply with any judicial or legal requests.
Finally, we may transmit your data in the context of corporate transactions such as, but not limited to, restructuring, change of control, merger, acquisition, disposal, dissolution.
6.5. Mention of Polymaters' rights
In accordance with Law No. 78-17 of 6 January 1978, known as the Data Protection Act and the RGPD, each Polymater has the right to access, rectify and, if necessary, delete its personal data, as well as the right to oppose the processing or limitation of such data and the right to define directives relating to the fate of its personal data after its death.
Concerned about the concerns of its Polymaters, POLYMATE undertakes to respect the protection of personal data and to process these requests as soon as possible. The Polymaters may exercise its rights, subject to proof of identity, by sending a letter or email to email@example.com or by exercising its rights directly from the Application.
For any other complaint, the Polymaters may make a request to the national supervisory authority responsible for data protection.
- The right of access authorises the Polymaters to question POLYMATE in order to obtain the communication of data concerning it in an accessible form on the basis of Article 39 of the Data Protection Act and Article 15 of the DGPS.
- The right of rectification confers on Polymaters the right to require POLYMATE to rectify, complete, update or delete personal data concerning it, which are inaccurate, incomplete, ambiguous, outdated or whose use, communication or storage is prohibited on the basis of Article 40 of the Data Protection Act and Article 16 of the GPDR. You can modify or rectify your data directly from the Application. Simply go to your Profile and directly edit the "My Photos", "Employment (Position, Employer" and "About Me" sections. To change your first name, age or gender, go to your Facebook page and update the "About - General Information and Contact Information" section of your profile.
- The right to portability confers on the Polymaters the right to receive the personal data it has provided to POLYMATE, in a structured, commonly used and machine-readable format and to transmit them to another controller, on the basis of Article 20 of the DGPS.
- The right of opposition confers on Polymaters the right to object, free of charge and in a discretionary manner, to the use of its data by POLYMATE for prospecting purposes, in particular for commercial purposes and to processing based on POLYMATE's legitimate interest, on the basis of Article 38 of the Data Protection Act and Article 21 of the DGPS.
- The right to erasure gives the Polymaters the right to request the deletion without charge on a discretionary basis of the data communicated to POLYMATE, within the limits of the rights based on Article 17 of the DGPS. You can delete your account by using the corresponding functionality directly on the Application.
- The right for the Polymaters to define its guidelines relating to the storage, erasure and communication of its personal data after its death in accordance with Article 40-1 of the Data Protection Act.
These rights may only be exercised within the limits of POLYMATE's resources when using Facebook Connect. Some of the data has been communicated to POLYMATE via Facebook Connect and cannot therefore be rectified without Facebook's cooperation.
The Polymaters can also rectify most of the data concerning it on the Application itself.
6.6. Data retention
POLYMATE keeps the data of the Polymaters for as long as necessary to use the Polymaters Account, i. e.:
- for the duration of the registration of the Polymaters increased by one year;
- for the duration of the alert for the processing of the report on fraudulent behaviour;
- for a period of three years when your account has been suspended in accordance with Article 16.4 of the GCU;
- for the legal duration of 13 months for cookies (see Cookies Policy).
It should be recalled that POLYMATE, in accordance with its status as a hosting provider, is required by law to retain certain personal data of Polymaters for a period of one year on the basis of Article 6, II of the Law on Trust in the Digital Economy of 21 June 2004