TERMS OF SERVICE

Last update: 08.01.2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

1. Identification.

The publisher is the company ANIKOP SAS with a share capital of 69,000 euros and headquarters located at 2, Rue des Érables, 69760 Limonest, registered on the Trade Registry of Lyon under number B 493 220 479 (VAT FR72493220479), and specialised in providing digital solutions, particularly in an SaaS model.

2. Object.

This Application is intended for accommodation professionals such as Campsite managers, who can also make it available to their customers (designated by the terms “user(s)” and “you”). Camp’in is a free mobile application that provides campers with access to all the information concerning their booking, before and during their stay. It also enables accommodation professionals to communicate efficiently with campers for an improved customer service.

3. Contract conclusion.

The terms of service (”ToS”) are available on the website https://www.campin.fr/cgu-application/en. ANIKOP expressly draws the consumers’ attention to the availability of this document and to the fact that it is important to download it for the purposes of documentation, future reference and identical reproduction. This information can be provided, on request, in a format accessible to disabled people.

4. You accept the ToS.

By giving your express consent after downloading or using the Application. This allows you to use the mobile application functions, hereafter referred to as the “Application”. If you are under 18 years old, your parents should accept the terms and conditions regulating your use. The languages in which the contract can be concluded are: French, English, German, Spanish, Italian and Dutch.

5. Acceptance.

You acknowledge that you have read and understood this ToS and agree to abide by all of the conditions applicable to your use.

6. Download.

To use the Application, it must be downloaded. The Application is available on Android and iOS mobile operating systems and should be used in compliance with the terms of use of these aforementioned operating systems. It should be recalled that your use of the Application is only compliant if you download the updates available on the Android and iOS platforms.

7. Duration.

Users can uninstall the Application at any time and for no extra cost. No minimum duration is required.

8. Connection.

An effective existing internet connection is needed to use and download the Application. Users are responsible for their choice of internet network.

9. Main characteristics.

9.1. Functions.

 

Camp’in is a free mobile application that provides campers with access to key information about their stay at all times and allows them to communicate easily with the campsite.

 

With this application, campers can:

· Complete their status and inventory online, in a few minutes

· Communicate efficiently with the campsite

· Access the event programme and book tickets

· Find practical information about the campsite and the services it provides

· Discover the must-see places and activities (selected by the campsite) in the area

· Share details about the trip with the others in your group so that everyone can make use of the app’s functions

 

 

9.2. Compatibility.

The Application is compatible with all iOS and Android versions that are regularly updated by Apple and Google.

 

9.3. Interoperability.

The application is autonomous; it can function with the iOS and Android digital services such as photos, contacts and geo-tracking, if the User accepts this and depending on their telephone’s settings.

 

9.4. Level of service.

No minimum level of service quality is offered.

10. Interruption to service.

The service may be interrupted at any time for security or maintenance purposes.

11. Updates.

11.1. Compliance.

ANIKOP ensures that consumers are informed and receive necessary updates to maintain continued compliance of the product under the conditions laid down in the Consumer Code. It should be recalled that if the consumer does not install the aforementioned updates within a reasonable time frame, ANIKOP is no longer responsible for non-conformities resulting solely from not installing the relevant updates.

11.2. Other.

Any other updates that are not necessary for continued compliance are expressly authorised by the User; they are important to allow ANIKOP to meet the expectations of the users, the market, latest developments and regulations. The updates are published and made available on the Android and iOS platforms as soon as they have been accepted by the latter. Users are invited to install the latest version. Consumers have the right to refuse an update if the update has a negative impact on their access to digital content or a digital service or on their use of these.

12. Maintenance.

No maintenance is offered; however, the Application does allow comments to be sent to the publisher.

13. Security.

In response to a security incident, threat or situation of vulnerability, ANIKOP can take the following measures: temporary or definitive interruption to the service.

14. Guarantees.

14.1. Legal guarantees.

Users acting in the capacity of consumers or non-professionals benefit from the legal guarantee of conformity for goods, digital content and digital services, and the guarantee against latent defects in accordance with the provisions of articles 1641 and 1649 of the civil code.

 

14.2. Commercial guarantee and after-sales service.

ANIKOP provides no commercial guarantee of any sort to users acting in the capacity of consumers or non-professionals.

15. Intellectual property.

The Application has been designed for you to enjoy its many functions. By accepting these ToS, you agree to respect the rights of ANIKOP:

 

15.1. Restricted licence.

By accepting these ToS, you agree to respect the limited, revocable, and nontransferable right accorded to you by ANIKOP. This use, linked to your use of the Application, remains exclusive, unique and non-commercial counting from the date of installation, and also applies to the updates and potential corrections introduced by ANIKOP. Subject to compliance with the ToS, ANIKOP grants you with a personal, non-exclusive, non-transferable, non-assignable and non-sublicensable licence.

 

15.2. No property rights; You understand and accept that using the licence granted by ANIKOP does not grant you any intellectual property rights for any part of the Application. To this effect, the Application contains files including, but not limited to, images, sounds, brands, drawings and models, applets and computer codes owned exclusively by ANIKOP and protected by the provisions of national law. Using the Application does not grant you any rights whatsoever to any of the information or content in the Application. By accepting these ToS, you agree to not modify, translate, reproduce, market, sub-licence or lease the content of the Application. Moreover, you may not reverse engineer, pirate, decompile or extract the Application or attempt to discover or modify its source codes.

 

15.3. Users who publish content (text, images, opinions, etc.) grant a free and exclusive licence covering all of the rights of reproduction, representation, translation, use, exploitation, modification and distribution under the following conditions:

 

15.3.1. Duration of the licence: duration of literary and artistic property rights, or the duration laid down by the intellectual property code and foreign laws and all prolongations or prorogations of this duration by an international convention, European directive, French or foreign law.

15.3.2. Geographical scope: the licence is granted for the whole world and for all languages, and for all the modes of operation foreseen.

15.3.3. Guarantee: Users certify that all of the content is entirely original and borrows no material protected by another work of any nature. Users guarantee that ANIKOP and the accommodation professionals concerned are protected from claims of any third person in whatever capacity and from the financial consequences such a claim may have on ANIKOP or the accommodation professionals concerned.

15.3.4. Scope of the licence: the licence covers all types of use, whether relating to the right of reproduction, translation or representation, by extract or in its entirety, by any means known or unknown on the date hereof, by any process and on all media without this list being restrictive, by printing, analogue processes on all media and particularly on paper, magnetic or digital media, displays, videos, on social networks, the internet, intranet, terminals, on all media known or unknown on the date hereof, for private or public use.

16. Author/user responsibility for content they publish.

The authors of all content are responsible for the content they publish under both civil and criminal law. They guarantee that the publisher is protected from all legal and financial consequences that may ensue. They are responsible for any direct or indirect, material or immaterial harm inflicted on any person due to the use of the Application. In particular, all content must:

16.1. Comply with the regulations, notably on consumer protection, competition law, press freedom, intellectual property, personal data, etc.

16.2. Comply with the rules of courtesy by avoiding SMS language, swear words and vulgarity.

17. Illicit content.

Any illicit or inappropriate content should be reported to the accommodation professionals concerned and/or to ANIKOP. It is reminded that the law particularly sanctions insults, defamation, incitation to racial hatred, harassment and glorification of terrorism via the internet, the infringement of image rights and private life and the diffusion of images of violence or paedophilia.

18. Limitation of liability.

ANIKOP makes a tool available, intended for a community of users, on a best effort basis. ANIKOP offers no guarantees of any kind for this Application, its content, performance or functioning on your device. It is used at the user’s own risk. ANIKOP reserves the right to carry out updates or maintenance interventions in order to improve the quality of the Application. Any resulting dysfunctions will not result in any form of compensation.

19. Exclusion of liability.

USERS ARE INFORMED THAT THE APPLICATION IS MADE AVAILABLE “AS IT STANDS”, ANIKOP OFFERS USERS NO GUARANTEE OF ANY NATURE, WHETHER FOR THIS SOLUTION, ITS CONTENTS OR ITS PERFORMANCE. ANIKOP assumes no responsibility linked to the downloading or installing of the Application, subject to the Terms of Service of the Android and iOS platforms. ANIKOP cannot guarantee the functioning of the Application on your device. ANIKOP assumes no responsibility to maintain the application, if at any point it should become obsolete. Subject to applicable binding law, ANIKOP assumes no responsibility for any loss or damage linked to using the Application, nor for problems accessing the Application because of cessation of activity, computing malfunctions, loss of clientele. Consequently, it is recalled that Users are responsible for taking all appropriate measures to the minimise any harmful consequences linked in particular to any potential interruption to service or loss of data generated by using the Application

20. Personal data protection.

ANIKOP commits to complying with the applicable law on personal data protection. As such, in the annexes of these ToS, you will find information on how we use the personal data you give us and on your rights.

21. Communication.

Users expressly accept that the information requested to conclude the ToS and that provided during its execution can be transmitted by email.

22. Modifications.

ANIKOP reserves the right to change the Application and to modify these ToS at any time and without prior warning, notably in response to changes in its offer, the market, the regulations and the needs of users. Users will be informed by all means about any contractual modifications, which will be immediately applicable. If they continue to use one of the services provided after being notified by ANIKOP of the modification to these ToS, their unconditional acceptance of the new duly notified ToS is presumed. If users do not agree with the contractual modifications planned, they should no longer use the Application.

23. Invalidity.

In the case where all or part of a provision in the ToS is found to be void, this does not affect the validity of the rest of the ToS. In this case, the parties will substitute, if possible, this illicit provision with a licit provision corresponding to the spirit and the aim of original.

24. Applicable law/competent court.

These provisions comply with French law and are subject to the application of a mandatory law providing greater consumer protection. All litigation with a professional will be submitted to the Lyon Commercial Court.

Annex 1: Personal data

The following types of personal data are collected by the Application:

 

· User surname and first name

· Data relating to the booking

· E-mail

· Unique identifier if the user accepts notifications

 

Purposes of data collection:

 

· Analysis of bugs, usage and statistics

· Commercial management by the accommodation professionals concerned

· Customer relations management by the accommodation professionals concerned and notably: answering requests (by e-mail), surveys, prospecting, general or specific information, etc.

 

Legal basis for processing:

 

· Consent of the person concerned for the purposes of prospecting and using the Application.

· Fulfilling a contract for the purposes of commercial management and customer relations

· Legitimate interest of the publisher, which is to ensure the security of the Application

· Legitimate interest of the accommodation professionals concerned, which is commercial prospecting for similar products and services.

 

Categories of recipients of the data: The following are recipients of the data collected by the Application:

 

· The publisher of the Application (ANIKOP) and its technical service providers

· The hosting professionals concerned

 

Retention period: The maximum period for data retention is 3 (three) years after the User’s last connection, subject to the applicable legal provisions and notably the applicable statute of limitations.

 

Individual rights: All persons have the right to ask the data controller for access to data concerning them, to correct or delete this data, or to limit the processing concerning them, and the right to oppose the processing. These rights can be exercised directly with the hosting professionals concerned and/or ANIKOP, dpo@anikop.com, 2, Rue des Érables, 69760 Limonest. All persons have the right to make a claim to a regulatory authority. The persons concerned also have the right to give instructions as to what should happen to their personal data in the event of their death. In the case where the processing is based on consent, this can be withdrawn at any time, without jeopardising the lawfulness of the data processing based on consent given prior to the retraction.

 

Security: The publisher of the Application implements appropriate technical and organisational measures to ensure that the processing meets the requirements of the GDPR and guarantees the protection of the rights of the persons concerned, under the provisions of article 28 of the GDPR.