CGU & POLICY
TERMS OF SERVICE
ARTICLE ONE – Definitions: “The Application”: designates the mobile application “SWING’APP”, that is to say, the software downloadable from the Internet, the updates of this software as well as all elements related to it such as databases, graphics, photos, videos, logos, music, etc…. – “General Conditions of Use” or “CGU”: designates these general conditions of use, accessible from the Website and the Application, which define the terms of access and use of the Application. – “User”: refers to all people with free, professional or certified accounts who have downloaded the Application. “Place”: designates all places.
ARTICLE 2 – Scope: The Application aims to create a social network, allowing searches, requests to add friends, instant discussions with friends, but also searches for places and events. events, the organization of private or public events, etc. The application is strictly reserved for adults 18+. SWING’APP disclaims all liability if the date of birth information provided by the user is incorrect leading to use by a minor.
2.1 – Legal notices: These General Conditions of Use apply, without restriction or reservation, to the use of the Application, downloadable free of charge and executable from the operating system of the mobile phone or tablet of the User. The Application is managed by the company Swing’App Sàrl, whose head office is located in Martigny, registered in the Bas-Valais Trade and Companies Register.
2.2 Acceptance of the General Terms and Conditions: 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. The company 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. 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. The company Swing’App Sàrl reserves the right to subsequently modify, without notice, and for any reason, 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 high-speed Internet access, a telephone subscription allowing Internet access, a mobile phone and/or tablet compatible with the Application: Smartphone / iPhone, a wap connection, wi-fi. The User undertakes 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 Application’s functions. The User is informed that the precision of the distance and geographic information of other Users given by the application is variable depending on the User’s location 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 under 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 city…. – Certified account: the user would have verified their account via a “selfie” image containing their face as well as support mentioning their nickname and the current date of their certification request. 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 distinctive sign certified. The list and content of features and unlocked rights may change in application versions. – Paid Account: Using internal purchase from Apple or Google, a paid account provides full access to all features such as: viewing profile photos, sending photos and videos via messaging. Subscription and payment are managed by Apple or Google and the “inApp” subscription process cannot be refunded.
ARTICLE 4 – Responsibilities: By using the Application, the User accepts all risks and characteristics specific to the use of mobile terminals and the Internet, in particular possible technical malfunctions of the Internet and mobile telephone networks preventing the smooth running and/or operation of all or part of the Application, anomalies and/or technical failures, transmission times and risks of piracy. The User acknowledges and accepts that the use of certain functionalities of the Application is provided via the Internet and, therefore, that factors beyond the control of the company Swing’App Sàrl may have an impact on the operation of the Application. these elements of the Application. The User is also informed of possible viruses and other harmful programs that may circulate on the Internet and which could contaminate their terminals. The company Swing’App Sàrl cannot be held responsible for these risks and their harmful consequences, whatever their 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 change and improvement. Consequently, the company Swing’App Sàrl provides no guarantee and rejects all liability with regard to the availability, security and quality of the Application. The company Swing’App Sàrl cannot 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 possible damage or alteration of the User’s mobile terminal, following the installation or use of the Application. Within the limits permitted by applicable legislation, the company Swing’App Sàrl cannot under any circumstances 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 event, the possible liability of the company Swing’App Sàrl, if applicable, cannot exceed the total amount paid by the User for the Application and the associated services.
ARTICLE 5 – User obligations: The User is solely responsible for content of any kind and in particular for comments that he disseminates in the context of use of the Application. The User undertakes to ensure that said Content corresponds to the types of profiles defined, that it is lawful, does not infringe public order, good morals or the intellectual property rights of third parties, does not infringe any legislative or regulatory provision and more generally, are in no way likely to give rise to civil or criminal liability. The User is prohibited from disseminating, in particular and without this list being exhaustive: – pornographic, obscene, indecent, shocking, defamatory, offensive, violent, racist Content, infringing Content, Content that harms the image of a third party, content that is misleading, misleading or offers or promotes 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 ad, and more generally Content likely to infringe the rights of third parties or be harmful to third parties, in any way and in any form whatsoever. The User also undertakes to provide a valid email address and correct information when registering or Swing’App Sàrl may contact them if necessary.
The User is also prohibited from asking other users for personal information (name, first name, address, date and place of birth, telephone number, e-mail, etc., non-exhaustive list), from carrying out profiling, undertake research on users and more generally it refrains from carrying out any investigation into the authenticity or otherwise 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. Any 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 not respecting this article, in the event of abuse, block or delete the user account concerned without prior notice.
ARTICLE 6 – Information Technology and Liberties: The company 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 the company 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 may constitute an offense of counterfeiting. In addition, the company Swing’App Sàrl remains the owner of all intellectual property rights over the studies, drawings, models, prototypes, CGU, etc., carried out with a view to providing the Application and its services to the User. . The User therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the company Swing’App Sàrl. Consequently, the User undertakes not to: – integrate all or part of the content of the Site and the Application into a third party site, for commercial purposes or not, to use a robot, in particular for exploration, a search or retrieval application for websites or any other means allowing all or part of the content of the Site and the Application to be retrieved or indexed, to copy the information onto media of any kind making it possible to reconstruct all or part of the original files. Any use of elements of the Site and the Application not expressly authorized results in a violation of copyright and constitutes counterfeiting. Any use not expressly authorized may result in civil and/or criminal liability for its author. The company Swing’App Sàrl reserves the right to exercise all legal remedies against persons who infringe its rights.
ARTICLE 8 – Modifications to services and specific conditions of use: The functionalities and/or characteristics of the Application and/or the related services 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 delete 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 their mobile phone or tablet, without further formalities.
ARTICLE 10 – Applicable law: Language As expressly agreed between the parties, these General Conditions of Use are governed and subject to Swiss law. They are translated in english . In the event that they are translated into one or more languages, only the French text will be authentic 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 courts competent under the conditions of common law.
Privacy Policy
Preamble: In order to provide the application to users, Swing’App Sàrl through the Application needs to collect certain information concerning 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 their 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 during the latter’s use of 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 the email address.
– location data: when the User authorizes the system operating system of its mobile terminal to communicate its 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 their data, it will be deleted. 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 relevant
communicated to the User.
To whom is 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 is 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. Furthermore, authorized persons are subject to strict confidentiality of which they are aware when exercising their duties.
missions. the provision of services to third parties in the context of its activities and the
provision of the Program. It may be that to carry out these, it communicates the User’s personal data to its service providers. In such a case, service providers will be obliged to implement all useful and appropriate measures to protect them.
Data retention period: Swing’App Sàrl will retain the User’s Personal Data for the entire 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
Personal data concerning him. The User has the right to demand from Swing’App Sàrl information relating to the purpose of processing their Personal Data, the categories of Personal Data processed as well as the recipients of their Data. The User also has the right to object for legitimate reasons to their Personal Data being processed. The User must make their request via the dedicated “Contact admin” link in the application.
Geolocation data: In order to provide the User with adapted and personalized services, their precise geographic position may be used. The User’s geolocation data will be collected only with their express consent and according to the geolocation system that they accept. The geolocation data collected will allow the application to display nearby profiles and locations provided that the latter has accepted this geolocation. The User can deactivate the geolocation function at any time from their mobile terminal.
Security measures: Concerned with guaranteeing the security of the Personal Data of its Users, Swing’App Sàrl takes all useful precautions, whether physical, logical, administrative or organizational, with regard to the nature of the Data it processes and of the risks presented by the various processing operations, in order to preserve the security of Personal Data and prevent it from being distorted, damaged or from unauthorized third parties having access to it. Among these measures include: 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 subcontracting part or all of the processing of Personal Data, Swing’App Sàrl contractually imposes on its subcontractors guarantees of security and confidentiality of Personal Data through technical security measures. protection of this data and appropriate human resources.
Updated Privacy Policy: This Privacy Policy is subject to change at any time. The company Swing’App Sàrl reserves the right to modify this policy without notice, and for any reason whatsoever.
confidentiality.