Article 1. Definitions
“App” means the “Feeleat” app that is downloadable on mobile devices and that grants Users access to the Services.
“Contents” means inter alia all the texts, photos, illustrations and videos displayed on the App and the Website.
“Personal data” means any data concerning a natural person who is identified or can be identified by any means.
“Personal Health Data” means all of the data relating to the health condition of a User which are collected during the use of the Services.
“Personal Account” means the account created by the User when he/she connects to the App or the Website for the first time.
“Logging” means the information related to the User’s Personal Account and secret code delivered by the App or the Website, as amended by the User, to access the Services.
“Personal Data Regulation” means the General Data Protection Regulation (GDPR) of the European Parliament and of the Council dated April 27, 2016 (Regulation (EU) 2016/679), and Law n°78-17 of January 6, 1978 (Loi informatique et libertés, hereinafter the “French Data Protection Act”), as amended by Law n°2004-801 of August 6, 2004.
“Data Controller” means the Company responsible within the meaning of the French Data Protection Act on data processing, data files and individual liberties, and of the GDPR on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, including the health data concerning the Users in connection with the use of the Services.
“Services” means all of the functionalities included in the App and on the Website and made available to Users.
“Website” means the website www.feel-eat.com
“Company” means the company Feelhealth that publishes and makes available to Users its App and the Website.
“User(s)”means any natural person, adult or minor of 16 years of age who has received the prior authorization of his/her legal guardian, who uses the Website and accesses the Services offered by the Company.
Article 2. Purpose of the GTU
The purpose of these GTU is to define and regulate the use of the Services and Contents available on the App and/or the Website.
The Website and the App enable Users to use the Services, provided that have first created and validated a Personal Account online.
Users are informed that the use of the Services and the Contents of the App or the Website is subject to the creation of a Personal Account. By continuing to browse on the Website and/or the App, Users fully and unconditionally accept these GTU. These GTU become enforceable without reservation against Users on the day of their acceptance through the creation of a Personal Account.
Article 3. Conditions for access
Access to, and use of, the Website and/or the App are strictly for personal use.
Access to, and use of, the App and/or the Website is limited to natural persons of full age or minors of 16 years of age or over who have received the prior authorization of their legal guardian. Such an authorization is not required in case of a legal obligation of confidentiality or a medical secrecy related obligation. The registration of the minor is the minor’s exclusive responsibility. The Company reserves the right to ask minor Users to provide documentary evidence.
Users agree not to use the Website, the App and the information or data contained therein for commercial, political or marketing purposes, or for any other form of commercial solicitation.
Article 4. Personal Account
In order to use the Services available on the Website and/or the App, the User agrees to create a Personal Account and to enter true and up-to-date information to enable his/her identification. In case of change in his/her situation, he/she agrees to update the data initially entered.
The User agrees not to create a false identity or to impersonate the identity of another natural person. The User warrants that all of the information he/she discloses are true and up-to-date.
The User acknowledges that the use of his/her logging information on the Website and/or the App is under his/her exclusive responsibility. The User agrees to keep his/her information confidential and undertakes not to disclose it to third-parties. It is strongly recommended that the User make sure that he/she has logged out after each session on the App.
In case of theft or loss of his/her logging information or in case he/she suspects that such information has been used by a non-authorized third-party, the User agrees to inform the Company by sending an email to firstname.lastname@example.org or by sending a letter to the following address: Feelhealth, 50 avenue de Wagram, 75017 Paris.
The Company reserves the right to close the Personal Account of the User in case of non-compliance with any of the obligations set forth in these GTU or with any applicable legal and/or regulatory provisions. The User has the possibility to close his/her Personal Account any time.
Article 5. Presentation of the Services
The App and the Website are a digital space of services related to health, well-being and food. They are intended for all individuals suffering from eating disorders (in particular, anorexia, bulimia, hyperphagia, orthorexia, etc.) as well as for those who wish to understand and improve their relationship with eating. The Website and the App support and follow the User who decides to voluntarily access the Services.
The Services offered are structured around various functionalities (key questions, User behavior, meals, sensations, emotions, and thoughts of the User, possibility of sharing these data with one or more persons chosen by the User, advice sheets) in order to ensure the User a better quality of our Services and a personalized use of our Website and/or App.
The Services offered by the App and/or the Website are provided for information and prevention purposes only. The Company is not intended to provide medical consultations or to replace necessary and mandatory medical assistance to persons suffering from serious eating disorders. In case of doubt, it is recommended that the User consult any competent health professional.
It is recalled that the App and/or the Website does not allow emergency situations to be managed. In case of necessity, the User must directly contact his/her attending physician or the SAMU (15).
With regard to the Services, the User’s Personal Account may contain data relating to health. It is strongly recommended that the User monitor access to his/her Personal Account in order to preserve the confidentiality of his/her Personal Data.
Article 6. Contents
The Company makes every effort to supply on the Website and the App Contents that are as accurate as possible. However, the elements making up the Contents available on the Website and/or the App are provided for indication only, are not exhaustive, and may have been amended since they were first put online. The Company may at its sole discretion amend the content of its Website and/or the App.
All trademarks, photographs, texts, comments, illustrations, images, whether animated or not, video sequences, sounds, as well as all computer applications that may be used to run the Website and/or the App, and more generally any and all elements reproduced or used on the Website and/or the App are protected under applicable intellectual property laws. They are the full and unrestricted ownership of the Company or its partners.
Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, for purposes other than personal and private use for non-commercial purposes without the prior written consent of the Company or the relevant partners, is strictly prohibited. Failure by the Company to initiate proceedings upon becoming aware of such unauthorized uses does not constitute acceptance of such uses and waiver of legal action.
Article 7. Management of the Website and the App
For the proper management of the Website, the Company may at any time:
- develop the Services, including by making technical modifications;
- suspend, discontinue or limit access to all or part of the Website and/or the App, restrict access to the Website and/or the App and/or part(s) of the Website and/or the App to a specific category of web users;
- delete any information that may disrupt the operation of the Website or that may conflict with applicable laws;
- suspend the Website and/or the App in order to perform updates.
Article 8. Hypertext links
The Company makes available to Users hypertext links, the activation of which may direct him/her to external websites or sources over which the Company has no control.
Consequently, the websites of third-parties, their contents as well as any and all information accessible from these hypertext links published on the Website and/or the App or in documents that may be downloaded from the Website and/or the App remain the exclusive responsibility of their authors and the Company expressly disclaims any liability in this respect.
The User is not authorized to create a hypertext link to the Website and/or the App, a page on the Website and/or a file on the Website without the prior written consent of the Company.
Article 9. Liability
The Company may not be held liable in case of failure, breakdown, difficulty or interruption in operation, preventing access to the Site or/or the App or any of their functionalities.
The User is entirely responsible for the hardware/device he/she uses to connect to the Website. The User must take all appropriate measures to protect his/her hardware/device and his/her own data, including from virus attacks via the Internet. The User is also solely responsible for the websites and data he/she consults.
The User acknowledges and agrees that the full amount of internet connection costs remain his/her sole responsibility.
The Company shall not be held liable for any damage caused to the User, to third-parties and/or to his/her hardware/device resulting from his/her connection or use of the Website and/or the App.
Article 10. Protection of Personal Data and Personal Health Data
In accordance with the General Data Protection Regulation 2016/679 of April 27, 2016 and the French Data Protection Act of January 6, 1978, personal data concerning Users may be subject to automated processing by the Company.
The Company may collect and process Personal Data and Personal Health Data that the User has disclosed upon registration or during his/her use of the Website and/or the App. Upon registration, the User has expressly consented to the collection and processing of his/her Personal Data. As the case may be, the User will not be able to create a Personal Account.
For minors under 16 years of age in France, the consent must be given jointly by the minor and/or the person entitled to exercise parental authority. The minor User is informed that the personal data entered on the Personal Account may be transmitted to his/her parent.
The Company takes all technical and organizational measures to guarantee the security of the User’s Personal Data and Personal Health Data.
Any User has a right to access, correct, oppose, and delete any of his/her Personal Data and Personal Health Data, as well as a right to the portability of such data, as per the terms and conditions set forth in the General Data Protection Regulation 2016/679 of April 27, 2016 and the French Data Protection Act of January 6, 1978. Users may do so by sending his/her request to the Company by email to email@example.com or by sending a letter to Feelhealth to the following address: 50 avenue de Wagram, 75017 Paris.
Article 11. Governing law
These GTU shall be governed by French law.
In case of controversies arising from or in connection with these GTU, and, in the absence of any amicable settlement, any dispute in connection with the App shall be submitted to the jurisdiction of French Courts, subject to specific assignment of jurisdiction arising from a particular law or regulation.
Article 12. Contact
For any complaint, comment and/or question concerning inter alia these GTU, the User may contact the Company by sending an email to firstname.lastname@example.org or by sending a letter to Feelhealth to the following address: 50 avenue de Wagram, 75017 Paris.