General terms of use of the Trela solution

INTERSEC, a limited liability company with a Board of Directors under French law and a capital of 2,313,329.20 euros, whose registered office is located at 102 Terrasse Boieldieu 92800 Puteaux, registered in the Nanterre Trade and Companies Register under number B 479 898 561, represented by Vincent Bastien as Chairman of the Board of Directors and Yann Chevalier as Chief Executive Officer, duly authorized for the purposes hereof (hereinafter referred to as "Intersec"), publishes a multi-channel local information and public alert service.

This service is made available to beneficiaries through Trela's mobile app and website.

1. Definitions

In these Terms and Conditions of Use, capitalized terms have the following meaning:

App	designates the mobile application developed and published by Intersec, available for download on the App Store and Google Play platforms.
Beneficiary	refers to the physical person who is the recipient of the Trela Solution accessed through his or her Account.
Account	refers to the space made available to the Beneficiary and allowing him or her, from the Website or the Application, to modify his or her preferences and profile, his or her centers of interest and his or her geographical subscription areas for the Trela Solution.
Personal Data	refers to personal data, as defined by the Personal Data Regulation.
Intellectual Property Rights	refers to any intellectual and industrial property right relating to the Trela Solution and in particular any software, development or computer program, including the Website and the Application, and any website, invention, creation, or other element (i) likely to be protected by copyright and in particular the right on software (or any equivalent protection in another system of law, and in particular copyright) by database rights or by any other intellectual or industrial property right, or (ii) which is the subject of a patent application or patent, or (iii) which is the subject of a trademark or domain name, or (iv) which is registered as a design or model, or (v) which may constitute know-how or a protectable process, in particular within the framework of an action for unfair competition
Content Editor	refers to any entity : making data available to the Beneficiary on the Application or the Website; or sending a Message to the Beneficiary by sms or telephone.
Third Party Content Editor	Refers to any entity making content available in the public domain under its responsibility and under a user license authorizing third parties to republish and/or broadcast this content; in this case, Intersec is likely to broadcast this content on the Application, the Website, or by sending a Message to the Beneficiary by text message or telephone
Personal space	refers to the Beneficiary's online space from which he/she accesses the Trela Solution and can manage his/her profile.
Incident	refers to any event (or series of events) that significantly and permanently compromises the confidentiality, integrity or availability of the Trela Solution.
Message	refers to any message sent to the Beneficiary on the basis of information published by the Content Editor and consisting of either (i) an alert concerning meteorological, sanitary or terrorist dangers or risks, or (ii) local information, in particular concerning events in the commune, day-care centers, schools, canteens, school transport, works, parking, traffic plans, public meetings, surveys, sports or cultural events, or (iii) information of a commercial or promotional nature relating to products and services that the Content Editor markets and corresponding to the centers of interest indicated by the Beneficiary.
Personal Data Regulation	means all provisions applicable to the protection of personal data and privacy, including the rules applicable to "cookies", and in particular, in Europe, the General Data Protection Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of data ("GDPR") and the Directive known as " e-Privacy " 2002/58 on privacy and electronic communications as amended and in France, all national legislation applicable in this respect, including the amended "Informatique et Libertés" Act 78-17 relating to information technology, files and freedoms and its implementing regulations. These provisions include legislative, regulatory and administrative texts adopted at a national or supranational level (e.g. European directives or regulations), and interpretations by the competent authorities (such as the guidelines of the European Data Protection Board or EDPB).
Website	refers to the website accessible online at https://app.trela.fr or any other domain related to trela.fr, exclusively owned by Intersec, allowing the Beneficiary to have access to the Trela Solution.
Trela solution	designates the local alert and information communication solution provided by Intersec and accessible from the Website and the Application.

2. Purpose of the Contract

The General Terms of Use (hereinafter "GTU") govern the conditions of use of the Trela Solution, the Website and the Application.

Intersec reserves the right to adapt or modify at any time the terms of the GTU, the conditions of supply and operation of the Trela Solution, the functionalities offered on the Website and on the Application and/or on the components of the Trela Solution.

The Beneficiary will be notified of these changes via the Website and/or the Application or by any other means. It is the Beneficiary's responsibility to read the revised GTU and to explicitly accept them before accessing the Trela Solution again. In case of refusal, the Beneficiary accepts that his Account will be closed.

3. Contractual documents

The Contract consists of the following documents, listed in descending hierarchical order:

The General Conditions of Use; and
The Annexes to the General Terms of Use:
- Appendix 1: Description of the Trela Solution
- Appendix 2: Protection of Personal Data

In the event of a contradiction or inconsistency between the provisions contained in two of the above documents, the provisions of the higher ranking document shall prevail.

4. Duration

These GTU come into force on the date they are put online and are enforceable on the date of the first use of the Trela Solution by the Beneficiary and for the entire duration of use of the Website and/or the Application.

The Beneficiary may at any time renounce to use the Website and/or the Application by closing his Account.

5. Technical conditions of use of the Trela Solution

In order for the Trela Solution to work in the best conditions, the Beneficiary must ensure that the equipment, network, infrastructure and services it uses are in good working order and free of any virus.

The Trela Solution requires, for the Beneficiary, to have an Internet connection and an adequate equipment (terminal and connectivity), for which all costs, fees, and subscriptions are independent from the Trela Solution and at the exclusive charge of the Beneficiary.

Access to the Trela Solution may be subject to compatibility and interoperability constraints, depending on the hardware used. These technical constraints are brought to the attention of the Beneficiary in Appendix 1.

It is further specified that the quality of the Trela Solution as experienced by the Beneficiary depends in particular on the quality of service offered by his Internet connection provider, as well as on the coverage of the mobile network if he is in a mobile situation.

5.1. App

The App is available on the App Store and Google Play.

5.2. Website

The Website (https://app.trela.fr) can be updated according to the evolution of the technologies and in particular the update of the navigators.

6. Access to the Personal Space of the Trela Solution

In order to use the advanced features of the Trela Solution, the Beneficiary must follow the registration process offered on the Application and/or the Website. The Beneficiary agrees to provide accurate, up-to-date and complete information. The Beneficiary may at any time modify his personal information to keep it up to date, and may freely modify his password, directly from his Personal Space.

The Beneficiary is required to provide a valid e-mail address and/or telephone number, which will serve as a connection identifier, and must choose a personal and confidential password.

The Beneficiary is responsible for the confidentiality of his identifiers (identifier and password) allowing him to use his Account. Any access to his Account by means of his personal identifier and password is presumed to have been made by the Beneficiary or a third party authorized by the Beneficiary.

In the event of non-compliance with these Terms and Conditions, Intersec reserves the right to deactivate the Beneficiary's Account, as of right and without compensation.

7. Description of the services

The Trela Solution includes (i) alerts and local information provided by the Content Publishers related to the selected point(s) of interest, and (ii) communications transmitted either at the initiative of the Content Publishers or at the initiative of Intersec if the information is provided by a Third Party Content Publisher, according to the Beneficiary's interests as entered in his Personal Space.

The Beneficiary also has the possibility to select points of interest on his interactive map in order to receive alerts related to the content provided by the Content Publishers located in the selected area of interest.

8. Hosting

The Website and the App are hosted by Intersec in the OVH data centers located in France.

9. Intersec’s Responsibility

9.1. Trela Solution Availability

The Trela Solution may be interrupted in case of scheduled or unscheduled maintenance, Incidents or network problems. Intersec is not responsible for any damage resulting from the unavailability of the Trela Solution caused by an Incident

Intersec is not responsible in case of impossibility of access or disruption of the use of the Website and/or the Application related to the telecommunications networks, hosting infrastructures, or the Beneficiary's equipment.

The Beneficiary is invited to use alternative information services, in all cases where it considers that the issue at stake justifies it, in order to prevent any damage in case of unavailability of the Trela Solution.

9.2. Data made available

Intersec makes available data aggregated according to the choices and interests of the Beneficiary indicated by the latter in his Personal Space.

Nevertheless, the data made available are those available to Intersec for publication on the Website and the Application, and/or for sending by Message to the Beneficiary.

Moreover, Intersec is dependent on the conditions of supply and updating by the Content Editors, and Intersec has no control over the exact, up-to-date or relevant nature of this data.

9.3. Exclusion of liability

Only the Content Publishers at the origin of the information sent through the Trela Solution are responsible to the Beneficiary for the content of the Messages, Intersec's role being limited to the technical management of the sending of the Messages.

In no event shall Intersec be liable for any indirect, consequential, punitive or incidental damages, including loss of use, loss of profits or business interruption, regardless of the cause, that the Beneficiary may suffer as a result of any Message or any data made available on the Website or the Application.

In any event, Intersec's liability is limited to one hundred (100) euros for any certain, personal and proven damage suffered by the Beneficiary.

This limitation of liability is the condition allowing to ensure the Beneficiary a free service.

10. User Obligations

The Beneficiary undertakes not to interfere with the proper functioning of the Trela Solution and to use the Website and the Application only for purposes that are in accordance with public order, good morals and the rights of third parties.

11. Intellectual Property

The Beneficiary acknowledges that Intersec is the owner of all Intellectual Property Rights relating to the Website and the Application (graphic charter, illustrations, videos and images, whether visual or sound, domain names, etc.). Consequently, the Beneficiary shall refrain from any action likely to infringe directly or indirectly on Intersec's Intellectual Property Rights.

The Beneficiary undertakes to use the Trela Solution only in compliance with the GCU, and Intersec cannot be held liable in the event of the Beneficiary's failure to comply with its obligations in this respect.

12. Personal Data

12.1. Compliance with the regulations relating to Personal Data

Intersec undertakes to respect the Personal Data Regulations. Intersec undertakes to cooperate with the competent data protection authorities, in particular in case of request for information on their respective obligations in relation to the use of the Trela Solution, or in case of control.

When the Beneficiary subscribes to the Trela Solution, Intersec acts as a "data controller" within the meaning of the Personal Data Regulation and determines the purpose and means of the processing of Personal Data.

Taking into account the nature, scope, context and purposes of the processing, Intersec implements appropriate technical and organizational measures to ensure that the processing is carried out in accordance with the Personal Data Regulation.

Where applicable, the Beneficiary guarantees Intersec against any recourse, complaint or claim from any third party whose Personal Data would be processed at the Beneficiary's initiative in the context of the Trela Solution.

12.2. Transfer of Personal Data

Any transfer of Personal Data is carried out in compliance with the Personal Data Regulation.

If, in order to perform its obligations under the Trela Solution, Intersec has to transfer the Personal Data of the Beneficiary outside the territory of the European Economic Area, it will then implement the protection measures required by the Personal Data Regulation, as specified in the Intersec Data Protection Policy.

13. Incident

Intersec undertakes to inform the Beneficiary as soon as possible and by all means in the event that it becomes aware of an Incident. Intersec undertakes to try to correct any Incident as soon as possible.

14. Termination

14.1. Termination by the Beneficiary

The Beneficiary may terminate his Account at any time from his Personal Space.

The Beneficiary may also terminate only certain services, for example by ceasing to receive communications from a Content Editor or a Third Party Content Editor.

In the event of termination of the Trela Solution, the Beneficiary's Account is closed in order to prevent any further use of the Beneficiary's identifiers.

14.2. Termination by Intersec

The Beneficiary's Account may be temporarily and immediately suspended by Intersec if the Beneficiary has failed to comply with any of his obligations under the GTU.

Intersec undertakes to take restrictive measures proportionate to the circumstances and, in particular, to the nature of the breaches of the GTUs committed by the Beneficiary.

If these breaches are serious or repeated, then the Beneficiary's Account may be permanently terminated.

15. Force majeure

Neither party shall be liable for the non-performance or delay in the performance of its contractual obligations insofar as this results from an Event of Force Majeure.

The party affected by an Event of Force Majeure shall notify the other party as soon as possible.

16. Sanction

Any violation of these GTU by the Beneficiary authorizes Intersec to refuse the Beneficiary access to the Trela Solution and to close his Account.

17. Applicable law and competent jurisdiction

The GTU and Trela Solution are governed by French law.

Any dispute relating to the GTU or to the Trela Solution, the Website or the Application that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Court of the Beneficiary's domicile.

In the event that the Beneficiary has elected domicile abroad, the competent Court is that of the place of execution of the service.

Notwithstanding the above, and in accordance with Article L. 612-1 of the French Consumer Code, the Beneficiary is informed that he/she may in any case refer any difficulty relating to the Trela Solution to the consumer mediator free of charge.

APPENDIX 1. DESCRIPTION OF THE TRELA SOLUTION

The Trela Solution is the multi-channel communication service allowing Beneficiaries to be Alerted and Informed, locally.

With the Trela Solution, Beneficiaries can instantly :

be alerted of an imminent or foreseeable danger
be informed of the event's follow-up
be informed according to the selected themes and points of interest

Thanks to the complementarity of the communication channels made available (sms, email, voice message, mobile application, web application) together with the mapping and geolocation capabilities, the Beneficiaries define their points of interest, categories of interest and preferred channels to receive information and alerts issued by the authorized Content Publishers, and Third Party Content Publishers, distributed by Trela.

Beneficiaries have free and unlimited access to a local information source in full compliance with data protection regulations.

To access Trela, Beneficiaries subscribe for free :

directly with a Content Editor; or
from the Application and the Intersec Website.

Access to the Application and the Website is available :

from the Android and Apple stores for the Application. It requires at least the following versions of mobile operating systems: Android 7 or iOS 13.
from any Internet browser on the app.trela.fr website

They can then define and name their zone(s) of interest without limitation, their preferred reception channels (from the available list) and the categories of interest (from the available list) for each of the defined zones.

The Trela Solution is resolutely local and localized. When registering, the Beneficiary is invited to define his reference postal address and to authorize, if he wishes, the use of his location through the Application to receive free real-time alerts according to his exact location by the authorized Content Publishers and Third Party Content Publishers. This choice is reversible at any time.

The Beneficiary can choose to be notified of the emission of an alert according to the zone and the category of information chosen at the time of registration.

Permissions are requested:

Authorization to track data (tracking, telemetry) necessary for the support and maintenance of the Application and Website;
(Optional) Access to the geolocation of the cell phone when the Beneficiary consults the Website or uses the Application: recommended and necessary if the Beneficiary wants to receive personalized alerts in relation to his position;
(Optional) Activation of the notifications of the Application: recommended and necessary if the Beneficiary wants to be notified of a new alert in his context.

If the Beneficiary has activated the geolocation (GPS), then two additional options can be activated:

"My position": triggers an alert if the GPS/GLONASS position (accuracy up to 3 or 4 meters) of the cell phone intersects one or more alert diffusion zone(s);
Around me: triggers an alert if the cell phone's position intersects one or more alert distribution zones located up to 1km around me (buffer zone).

At any time, the Beneficiary can unsubscribe from a specific zone or from the entire service.

The Application and the Website takes into account the variability of the quality of the Internet connection (cellular network, Wifi) to ensure the best experience for the Beneficiary, up to the total cut-off of access to the network (which may occur in case of crisis or any other situation).

In this specific case:

The Application and the Website continue to operate without network/Internet, indicating to the Beneficiary that the network has been momentarily lost;
The last alert information (active, past) as well as the last reference information available on the entire alert portal (on the whole territory) before the cut is kept in the Application and on the Website;
The information of points of interest remain in place and operational;
The geolocation of the Beneficiary continues to be updated;
Alerts and notifications continue to be triggered based on this geolocation, if applicable.

APPENDIX 2. PROTECTION OF PERSONAL DATA

Please find all the information on this dedicated page.