Record: The Account is the Member’s devoted individual territory inside the Application, which he or she gets to when he or she enlists with and interfaces with the Application. It empowers the Member to get to the Services.
Application: The HAPPN application, accessible on the Apple App Store, the Google Play Store and the Microsoft Windows Phone Store.
Talk ask for: Is an activity proposed previously as well as subsequent to sending a Like. Visit ask for alludes to the usefulness “Say Hi” in the Application and is a non-classified capacity that triggers a warning to the Member you need to “Say Hi” to and comprise an encouragement to talk with this Member.
Credit: Credits are the units utilized inside the Application. For Members, Credits are what enable them to send a Chat ask for to another Member.
Pound: A Crush is made between two profiles and activated by a Like on the two profiles. It speaks to a shared intrigue which conveys a “You have a Crush” warning, enabling the Members to begin a discussion.
Facebook Connect: Feature empowering Members to utilize their Facebook record to sign in to the Application, with the end goal to streamline the enlistment procedure.
Female Members: Members portrayed as female in their own data.
HAPPN: HAPPN, a French business entity (Société standard Actions Simplifiée) with paid-in capital of €36 486,44 enrolled with the Paris RCS (exchange and organizations library) as 535 217 723, and proprietor and sole administrator of the HAPPN application and trademark.
Like: Action spoken to by a heart to express intrigue. This capacity is secret and no warning is sent except if the Like is responded.
Male Members: Members portrayed as male in their own data.
Part: Person enlisted with the Application.
Messages and vocal messages: Only Members who have a Crush can utilize the Application’s “Talk” capacity to send each other Messages. Messages are put away in the inbox, or, in other words the symbol on the upper right of the landing page.
Packs: Packs are Credit groups which can be bought by Members.
Pass: Action spoken to by a cross to express an absence of intrigue. This capacity is private and no warning is sent. “Passed” profiles won’t show up on the Member’s course of events later on, except if he or she chooses to drop the Pass, or, in other words charge and effectively done under “Inclinations”.
Administrations: All administrations (both charged and for nothing out of pocket) offered by HAPPN to energize virtual or genuine meet-ups between Members who have run into each other and who have a shared enthusiasm for each other as indicated by the chose pursuit criteria.
TCOU: These Terms and Conditions of Use.
Article 1: Scope
The TCOU characterize the rights and commitments of the gatherings when utilizing the Application. They shape the premise of the authoritative connection between the Member and the organization HAPPN.
1.1 Conflicting Rules
1.2 Independence of Provisions
Should any arrangement of these TCOU be announced invalid or inapplicable because of the impacts of a law, control or controlling by a court with pertinent locale, alternate arrangements will stay viable and in power, except if these TCOU end up twisted, or the commitments of the gatherings altogether tossed out of parity.
Article 2: Amendments to the TCOU
HAPPN saves the right, singularly and whenever, to end, add to or change these TCOU as it sees fit or to end the Service.
The Member will be educated of the reports on the Application and additionally by email to the location given by the Member. It is the Member’s obligation to see that this email address is substantial.
It is the Member’s duty to precisely peruse the refreshed TCOU and to be completely mindful of any progressions following from said refreshes.
Finish acknowledgment of the progressions is suggested by the Member’s proceeded with utilization of the Application’s Services following the updates.
Should the Member not concur with changes made to the TCOU, he or she has the choice to end the Services and end the legally binding relationship according to Article 16.3.
2.2 Immediate Effect
The new TCOU will be taking effect right now for all Members.
Article 3: Governing Law – Dispute goals
3.1 Governing Law
These TCOU will be represented by French law.
3.2 Dispute goals
The Member will contact HAPPN first with the end goal to attempt and locate a genial settlement to any question with HAPPN.
If there should be an occurrence of disappointment, the Member is educated that he/she may have plan of action to intercession, for nothing out of pocket, and present its question to the Online Dispute Resolution stage proposed by the European Commission, which might be gotten to at the accompanying location: http://ec.europa.eu/shoppers/odr/.
Before starting such an intercession technique, the Member more likely than not presented the debate to HAPPN in writing with the end goal to attempt and locate an agreeable settlement.
Any test or question identified with the arrangement, elucidation, execution or expiry of these TCOU or in any association therewith which has not been genially settled will be submitted to the proper courts of Paris.
Article 4: Registration
4.1 Download Options
The Application is accessible on the Apple, Google and Microsoft official download stages. It very well may be downloaded gratis from the Apple App Store, the Google Play Store and the Microsoft Windows Phone Store, on iPhones running rendition iOS 8 or higher, Android Smartphones running form 4.1 or higher, and Windows Phones running adaptation 8.1 or higher.
4.2 Member’s Rights when Registering
Given that the expected conditions to Member status are met, HAPPN will dole out the Member an individual Account, which incorporates:
• A profile page
• An inbox
• A “notices” choice
4.3 Conditions of Membership when Registering
The Member must be beyond 18 years old, and must ensure that all data that he or she gives while enlisting is valid and exceptional.
The Member is enrolled by means of Facebook Connect, which empowers HAPPN to utilize the Member’s profile photograph, first name, age ascertained dependent on the date of birth and interests with the end goal to make a “profile” page. The Member ought to along these lines check the exactness of his or her Facebook data before enrolling with the Service.
Article 5: Services and Features
5.1 Purpose of the Service
The Application gives HAPPN Members an easy to understand setting which empowers contact with different Members in a similar zone or Members with whom they have run into each other previously, with the end goal to set up virtual or genuine gatherings for individual and recreational purposes. Every Member is allowed to converse with and shape associations with different Members in consistence with these TCOU.
The Services offered by HAPPN may for no situation be compared to a mentoring or marriage agency benefit. Its sole point is to encourage virtual or genuine meet-ups through the Application between couples with a common enthusiasm, as per the Members’ areas and inclinations.
5.2 Services for Members
A portion of HAPPN’s administrations are accessible on the Application for nothing out of pocket (aside from association and broadcast communications costs) for Members who consent to agree to these TCOU, including:
• Unlimited sending of secret Likes
• Unlimited sending of Messages and voice messages when one has a Crush
• Unlimited and classified survey of other Members’ profiles
• Passing a boundless number of Members
• Confidentially hindering all Members whose lead legitimizes such an activity
• Confidentially revealing all Members whose lead is in opposition to the TCOU or appropriate law
• Viewing the rundown of Members beforehand passed or blocked
• Retrieving Members beforehand passed or blocked
• Accessing the rundown of Members with whom he or she has run into each other amid the utilization of the Services
• Using the coordinated music spilling stage
• Configuring his or her pursuit criteria
• Receiving warnings
• Inviting companions
• Consulting the FAQ and instructional exercises
• Finding out what number of Chat asks for he or she has gotten and what number of Crushes he or she has without these figures being obvious to different Members
• Completing his or her profile in consistence with the TCOU
• Deleting Messages and voice messages.
Charged administrations gave through the Application are accessible to Members by acquiring a Pack, the states of which are set out in Article 10.1. One Credit empowers Members to send a Chat ask for to another Member.
Article 6: Personal Data Protection
6.1. Preparing chief
The information gathered is prepared by SAS HAPPN with a capital of 36 486,44€ enrolled under the number 535 217 723 at the Paris RCS. Its central command are situated at 8 lament du Sentier 75002 Paris, France, and the organization is spoken to by its CEO, Mr. Didier Rappaport.
HAPPN is extremely worried about the security of your own information and the regard of your protection. This security approach (alongside our report on the utilization of treats and our terms of administration and whatever other archive that references it) is intended to educate you in transit we process the individual information you share with us and that we gather when you utilize the Application and Services. We welcome you to deliberately peruse this report to all the more likely see how we process your own information, and to know your rights.
6.2. The data we gather
Your utilization of our Services makes it likely that we gather and process information important to the correct working of the Application and to the supply of the Services. It very well may be data you share with us straightforwardly, or information we gather naturally.
6.2.1 Data you share straightforwardly
When you utilize our Services, you are required to share some data, some of which may serve to recognize you. When you impart this data, you acknowledge that some of it will be noticeable to alternate Members of the Application, and along these lines be made open on the Application. With an end goal to enable you to recognize this data effortlessly, it is motioned as “open” beneath. HAPPN can’t be held obligated for information distributed on its stage and revealed by a Member. Be that as it may, the data not set apart as Public won’t be unmistakable or open by different Members.
The data you share contains the accompanying information:
Enlistment information: this is the essential information that is vital for you to enroll and get to our Services. This information is gathered by HAPPN from Facebook, by means of Facebook Connect, to improve the procedure. When you tap on “Facebook Connect”, you let Facebook share this information with us. This character information is:
Your photograph (open): this is, in any event, your open Facebook profile picture. You at that point have the choice of expelling this photograph and additionally adding different photographs to your Account from your Facebook account or cell phone.
Your birthdate (private): just your age, as deducted from the birthday, will be obvious to different individuals. You can likewise shroud your age by buying in to a choice.
Your sex (open)
Your first name (open)
Your last name (private)
Sharing this data is required. In the event that you don’t share it, happn won’t have the capacity to supply the Services offered in the Application and you won’t have the capacity to make a record.
You may add extra data to enhance your Profile. This data is discretionary, shared at your own watchfulness, and is your sole obligation. You can add this data straightforwardly to your Profile on the Application or potentially by means of Facebook Connect by syncing your Account with Facebook. This information is:
Data on your profession (open) like your activity or instruction.
Your interests (open) like your own inclinations, leisure activities, Facebook companions list enabling you to see conceivable companions in like manner on the Application.
Your email address (private). The Member focuses on ensuring the location gathered from Facebook Connect is substantial or potentially to adjust it to ease correspondences with HAPPN.
Your cell phone number (private)
Your profile depiction (open): If you might want to, you can share extra data about you in the space accommodated this reason. This data will be obvious to HAPPN Members. HAPPN does not urge Members to share information that can be seen as delicate with other Member, or with HAPPN through the Application. Delicate information alludes to information that is lawfully qualified as “touchy” by the General Data Protection Regulation (GDPR). All the more particularly, it incorporates data on race or ethnicity, political conclusions, religious or philosophical convictions or association with an association, alongside data on wellbeing, sexual life or sexual inclinations (“Sensitive Data”). In the event that a Member chooses to share such data on his/her profile notwithstanding, it is esteemed to have been “obviously made open” by the Member who shared it, as indicated by the GDPR.
Information on your cooperations with HAPPN: we may request that you offer, or you might be in a circumstance where you have to give us data, for instance when you contact our client or bolster administrations, report an issue with our administrations, request help, practice your own information rights, or take an interest in a promotion, diversion, challenge, wager, or overview, when you share your involvement with our administrations, give declarations, or answer one of our surveys.
6.2.2 Data we gather consequently
When you utilize our administrations and highlights, we gather data in regards to your action on the Application:
Movement information: when you get to our Services and utilize the Application and its highlights, information in transit you utilize them might be gathered and prepared. All the more particularly, this incorporates your enlistment date, last association, the sort and number of cooperations with different Members (like the “Hello there”, Likes, intersections, and Crushes), with the outsider records associated with your Account (like Spotify, Instagram), or the quantity of exchanges performed (acquiring credits or subscription(s)).
Area Data (geolocation): the Application’s fundamental esteem and reason for existing is to enable Members to discover different Members they have encountered to encourage virtual as well as genuine meet ups. You will be requested to approve the gathering and preparing of your area information to enable HAPPN to distinguish your intersection focuses with different Members who consented to be geolocated. The intersection focuses let HAPPN indicate you profiles of Members you have encountered and who meet your inquiry criteria. These intersection focuses can be shown as a newsfeed or as a guide.
HAPPN can, on the off chance that you purposely concur, get to your position, approximatively or all the more exactly relying upon the innovation you utilize. HAPPN does not reproduce the developments as well as agendas of its Members, and might want to advise you that it just continues crossing areas between Members. The correct position or the agenda of a Member is never accessible to alternate Members.
You are allowed to pull back your assent whenever and cripple your cell phone’s geolocation alternative. In the event that you do as such, your newsfeed will never again be refreshed, and your won’t be capable see who you have encountered in the wake of impairing the geolocation choice.
Exchange Data: HAPPN does not gather or process any bank information. Apple’s App Store, Google’s Play Store and Microsoft’s Windows Phone Store have selected to avoid sending certain composes information to versatile applications, which incorporates any keeping money and budgetary data. This information is gathered and handled exclusively by the above stages, and HAPPN does not have the alternative of changing this installment technique. The main data traded among HAPPN and Apple’s App Store, Google’s Play Store, or Microsoft’s Windows Phone Store is specialized information that doesn’t enable us to distinguish you (for instance, an exchange number), which serves to affirm exchanges.
Information on the utilization of the informing administration: sent messages are put away on HAPPN’s servers only, to give the Service to permit Members having a Crush to have a discussion. Messages and voice notes are entirely private and just embroil the Members included. HAPPN’s approved administrators don’t hold or exercise any rights to see these discussions, aside from in instances of legal demand, and additionally in consistence with authoritative or regulatory miens. Also, Messages are entirely private and are not open to different Members not associated with the discussion, nor to any outsider.
Hunt inclinations information: The Application gives you a chance to set look inclinations for age and sexual orientation. You can change these settings in the Application and determine the age run and, in the wake of consenting to HAPPN gathering and preparing your information, the sex of individuals you are searching for, so you can be coordinated only with profiles you ran into and who meet your hunt criteria. You will then just observe the Members you’ve run into and who share your pursuit inclinations on your newsfeed.
6.3. How we utilize the information gathered
The information gathered by HAPPN enables us to give the Services and ensure the Application is running easily, which it is legally committed to do, in vir
Making and dealing with your Member Account (counting overseeing access to the Services and the client or bolster administrations);
Geolocating to propose Profiles of Members you have encountered;
Overseeing and putting away messages traded between Members;
Sending data messages in regards to the Services or your cooperations with different Members (warnings);
Sending happn or accomplice pamphlets alongside messages or promoting or publicizing content by happn or by its accomplices.
The information gathered is additionally important to HAPPN satisfying its real advantages (enhancing and improving its administrations, alongside picking up a superior learning of its Members and the manners by which they utilize the Services) and enable the organization to run factual investigations, fulfillment studies, and showcasing examinations identifying with the utilization of the Application and Services by the Members.
As the information preparing depends on the agree of Members to have their information handled, they can pull back it whenever; withdrawal of the assent does not influence preparing did before the withdrawal.
HAPPN may process Members’ own information because of a lawful demand (court order, court arrange, or something like that) or to conform to its lawful, administrative, legal, or regulatory commitments.
Finally, HAPPN can process your own information to reveal or forestall fake exercises or ruptures to the Service’s security, in consistence with the law, or break down reports of Members showing a conduct breaking the Terms of Service.
6.4. How information is shared
Just certain HAPPN representatives from the client or bolster benefits, and approved administrators process Members’ own information for the reasons portrayed previously. These representatives and approved supervisors just approach the information important to play out their obligations.
A Member’s own information set apart as “open” in article 6.2 above and that shows up on his/her profile, is obvious to different Members he/she runs into and who have perfect hunt inclinations.
HAPPN may forward a few information to an open body, in the event that it is asked for to do as such, to consent to any legal or lawful demand.
Ultimately, we might be required to share your information for the reasons for a corporate activity, which incorporate, however isn’t restricted to, a rebuilding, an adjustment responsible for the organization, a merger, an obtaining, an exchange, or an end of the organization.
6.5. Outline of a Member’s rights
In consistence with the French Data Protection Act of January sixth, 1978 (Loi Informatique et Libertés), and the GDPR, each Member has a privilege to get to, redress, and a privilege to information conveyability and expulsion of his/her own information, alongside a privilege to challenge or point of confinement preparing of his/her own information, and the privilege to settle on the best approach to deal with the individual information after his/her passing. With an end goal to address its Members’ worries, HAPPN focuses on regarding the insurance of individual information and to process asks for as quickly as time permits. A Member can practice his/her rights, conceded he/she can demonstrate his/her character, by sending a letter or email to email@example.com or by practicing his/her rights straightforwardly on the Application.
For some other case, the Member may hold up a case with the national expert in charge of the assurance of information.
The privilege to get to enables a Member to approach HAPPN for information relating to him/her in an open arrangement, in light of Article 39 of the French Data Protection Act (Loi Informatique et Libertés), and article 15 of the GDPR.
The privilege to rectify awards a Member the privilege to request HAPPN revises, adds to, updates or evacuates any close to home information on him/her that is erroneous, fragmented, vague, outdated, or whose utilization, correspondence or capacity is restricted dependent on Article 40 of the French Data Protection Act (Loi Informatique et Libertés), and article 16 of the GDPR. You can adjust or redress your data straightforwardly on the Application. You simply need to go on your profile and roll out improvements straightforwardly in the segments “My photographs”, “Profession and Education (Job, Company, University)”, and “About me”. To change your first name, age, or sexual orientation, go to your Facebook page and refresh the “About me – contact and fundamental data” area of your profile.
The privilege to information transportability gives a Member the privilege to get the individual information he/she provided for HAPPN, in an organized, generally utilized configuration, decipherable on a machine, and to forward them to another preparing substance, in consistence with article 20 of the GDPR.
The privilege to challenge gives a Member the privilege to challenge, for nothing out of pocket and at his/her very own watchfulness, the utilization of his/her information by HAPPN for prospection, particularly business, and to the preparing dependent on HAPPN’s genuine enthusiasm, in consistence with Article 38 of the French Data Protection Act (Loi Informatique et Libertés), and article 21 of the GDPR.
The privilege to erase stipends a Member the privilege to request the expulsion, for nothing out of pocket and at his/her own prudence, of the information transmitted to HAPPN, inside the points of confinement of the rights dependent on article 17 of the GDPR. You can erase your record utilizing the relating highlight on the Application.
The privilege for the Member to set the rules for the maintenance, cancellation and correspondence of his/her own information after his/her demise, in consistence Article 40-1 of the French Data Protection Act (Loi Informatique et Libertés).
These rights may just be practiced inside the cutoff points of HAPPN’s assets as it identifies with its utilization of Facebook Connect. A portion of the information is sent to HAPPN by Facebook Connect and can’t be rectified without Facebook’s help.
The Member can likewise correct a large portion of his/her own information, at his/her own drive, on the Application itself.
6.6. Capacity of the information
HAPPN will store the Member’s information for whatever length of time that required all together for the Member to utilize his/her Account, to be specific:
For the length of the Member’s enlistment, in addition to one year;
For the length of the answering, to process an investigate fake conduct;
For a long time when the record is suspended, in consistence with article 16.4 of the Terms of Service;
Besides, it would be ideal if you take note of that as per its status as a facilitating supplier, HAPPN has a lawful commitment to hold a portion of its Members’ own information for a time of one year dependent on Article 6, II of the French Trust in the Digital Economy Act (Loi pour la Confiance dans l’économie Numérique) of 21 June 2004.
HAPPN attempts to bend over backward and to contribute all methods available to its to ensure that the put away information is as secure as could reasonably be expected. Be that as it may, it is the Member’s obligation to take suitable measures to secure his/her information.
HAPPN will not gather information from minors. Should a Member lie about his/her date of birth, and especially on the off chance that he/she deceitfully claims to be more than 18 years old, the guardians of the minor being referred to ought to educate HAPPN of this by sending an email to the location made reference to in article 17, asking for the information to be erased. HAPPN focuses on erasing all information on the minor being referred to at the earliest opportunity.
6.7. Exchange of Personal Data outside the EU
While enlisting, the Member explicitly agrees to his/her information being transmitted to HAPPN’s specialist organizations and subcontractors outside the European Union, to give HAPPN a chance to run measurable investigations, bolster individuals, and if require be, have information handled by the Application.
HAPPN ensures that the exchanges are made under conditions guaranteeing the privacy and security of the information and giving a sufficient level of assurance in consistence with directions (quite the precedents of authoritative provisos given by the European Commission)
Article 7: CNIL Declaration
7.1 CNIL Declaration
The accumulation of Members’ own information has been formally announced to the CNIL (French Commission on Data Protection).
Article 8: HAPPN’s Obligations and Liability
8.1 Technical Resources and Security
HAPPN consents to give the foundation and specialized assets to give an excellent Service to Members with an iPhone gadget running working framework form IOS 8 or higher, an Android Smartphone running variant 4.1 or higher, or a Windows Phone running adaptation 8.1 or higher.
HAPPN can’t be held subject for any working issue on the Member’s gadget or for any similarity issue between the Application and the gadget.
Each exertion is made to guarantee that the dangers of fake access to HAPPN’s framework are limited. HAPPN in this way utilizes a firewall or hardware situated between the web and the Company’s private system, with the end goal to make its security more vigorous by sifting movement to and from the web. It is, be that as it may, difficult to completely ensure the security of a system.
HAPPN isn’t in charge of any disappointments, intrusions or poor execution of the Member’s web supplier administrations, or for any reason outside HAPPN’s ability to control which may hinder or adversy affect access to HAPPN Services.
The Member must approach a protected email account. On the off chance that such a safety measure isn’t taken, or regardless of whether it is, the Member’s Account may, in some uncommon cases, be focused by fraudsters.
HAPPN will likewise try to deflect any excellent hazard to Members of accepting spam Messages or Messages professing to have been sent by HAPPN. The Member must guarantee that he or she reports any of the above conditions to HAPPN by sending a letter or email to the location gave in Article 17 in this regard.
8.2 Illegal Conduct
HAPPN and its accomplices can’t be held obligated for activities by its Members which are illicit or which cause criminal punishments, including yet not restricted to:
• All sorts of tricks
• Identity burglary
• An encroachment of an outsider protected innovation right.
8.3 Reporting and Community Moderation System
As a facilitating supplier and as per Article 6, I, 7° of the French Trust in the Digital Economy Act, HAPPN has no legitimate commitment to screen the substance sent or put away by means of the Application.
Notwithstanding, as per Article 6-I-3° of the French Trust in the Digital Economy Act, HAPPN must set up a revealing and network control framework with the end goal to report some illicit, damaging and biased substance.
In such case and after due confirmation by client benefit, HAPPN focuses on quickly expel the said substance.
As per Article 6-I-5 of the French Trust in the Digital Economy Act: The learning of illegal substance is considered compelling when the facilitating supplier is told of following:
• The warning date
• The substance transmitter’s character
• The depiction of the realities in conflict (perhaps with screen shots of the discussion)
• The reasons of the revealing
HAPPN has thusly set up a detailing and network control framework enabling Members to report the substance depicted in Article 6-I-7° of the French Trust in the Digital Economy Act on the off chance that it comprises expression of remorse for wrongdoings against mankind, conciliatory sentiment for and impelling to psychological oppression, actuation to racial contempt, instigation to scorn dependent on sex, sexual introduction or impede and bury alia youngster smut, prompting to brutality against ladies and infringement of human poise.
Guided by a to a great degree strict expert ethic and declining any relationship with savage or offending Members and in addition unlawful, harsh or biased substance, HAPPN’s group considers this revealing strategy important.
Henceforth, when the substance distributed by a Member is accounted for, the transmitter’s record can be expelled or suspended by the conditions put forward in Article 16.4. This choice depends on the confirmation given by the report’s creator and is made with the end goal to guarantee the withdrawal of any illicit substance in consistence with HAPPN’s legitimate commitments.
The Member having initially distributed the announced substance will be educated of such a choice on the Application and additionally by email at the location given. He or she will for no situation be educated of the personality of the report’s creator.
Outside the extent of this detailing framework, the Member can choose to obstruct another Member with the end goal to keep any discussion with him or her (shared anticipation of access to Like, Chat ask for, Messages and voice messages that have been sent and of sending any messages later on, or being alarmed of the nearness of a Member who has been blocked, especially on the off chance that they think this Member is irritating them somehow). It is conceivable, notwithstanding, to unblock the Member for nothing out of pocket with the end goal to be in contact with him or her once more. This activity is private and empowers Members to control the Members with whom they need to stay in contact or not.
This revealing framework is accessible and operational:
• On an iPhone: at the base right of the Member’s profile photograph, and at the upper right of the discussion with the Member being referred to;
• On a Smartphone: at the base right of the Member’s profile photograph, and at the upper right of the discussion with the Member being referred to;
• On a Windows telephone: at the base right of the Member’s profile photograph, and at the base right of the discussion with the Member being referred to.
Should content be distributed that was accounted for and that might be viewed as an infringement of law or directions, the Member who is a casualty of this substance is urged to present a grumbling to the fitting police specialists.
The revealing framework set up by HAPPN does not supplant any grievance and legal strategy against a Member who composed the announced substance.
Any abuse of the network control framework or any unjustified detailing of a Member will be viewed as a break of these TCOU, and punishments might be forced including Account suspension (Pursuant to Article 16.4 of the TCOU), Account wiping out or even lawful procedures (Pursuant to Article 6-I-4° of the French Trust in the Digital Economy Act) under which harms may must be paid to exploited people.
8.4 Duty of Caution
The Member is exclusively subject for checking the character of the general population with whom he or she wishes to mastermind a “reality” get together. HAPPN may not be held obligated for any issues at all emerging from a “reality” get together.
8.5 Group Events
Any utilization of HAPPN Services to sort out a gathering meeting of its Members comprises an abuse of the Service. Utilizing the Application to design or arrange an exhibit on an open roadway is entirely denied. Should such a gathering occur, HAPPN may not be held subject on account of an open request offense or any harm caused by such gathering.
Article 9: Member Code of Conduct
9.1 Duty of Fairness and Honesty when Registering
With the end goal to end up a Member, the majority of the accompanying conditions must be met:
• Must be a grown-up as determined by French law (least of 18 years of age on last birthday) ;
• Must have sincerely and honestly rounded out the Facebook profile data. The Member more likely than not gave the principal name, sex and date of birth appeared in his or her own data. Coming up short that, the Member consents to amend any mistakes on his or her Facebook profile, and to actuate matching up of data between his or her Facebook profile and his or her Account ;
• Must have perused these TCOU and have acknowledged them while affirming his or her enlistment.
• Must consent to routinely refresh the data gave while getting to his or her Account from the Application.
HAPPN does not have a lawful commitment or the specialized assets to check the character and time of Members. Be that as it may, in case of any uncertainty or cause for doubt, or following the utilization of the “report” highlight by an outsider indicating a data fraud or imaginary or wrong data, HAPPN will lead an examination as fast as could be allowed and may rectify the data gave where vital without distorting the Member’s profile.
For the length of the examination, HAPPN maintains all authority to suspend the Account of any Member warranting doubt and also his or her entrance to the Application, and to lead the fundamental checks, specifically by requesting that him or her send an official personality record. The Member will be educated of the suspension of his record through the application or by email to the location given by the Member according to Article 16.4.
Should the Member be not able give said evidence, or on account of a demonstrated offense under these TCOU, HAPPN may drop the Service for the Member being referred to as per the conditions set out by Article 16.4 concerning this.
9.2 Duty of Fairness and Honesty amid Use
With the end goal to remain a Member, the majority of the accompanying conditions must be met:
• Be straightforward and honest in his or her announcements.
• Refrain from posting any photographs of outsiders on the web, or any private data about others, for example, money related information.
• Refrain from posting any substance or photographs on the Application which are explicit or which damage humility and human poise.
• Respect the private idea of substance and discussions traded with different Members through the Application, and in this way avoid revealing the substance of such Messages.
• Refrain from disregarding licensed innovation laws.
• Refrain from disturbing open request.
• Refrain from submitting slander, and all the more by and large from utilizing offending dialect, especially of a racial or unfair nature.
• Comply with current laws and directions.
• Refrain from impelling brutality or pushing psychological oppression, atrocities or violations against humankind.
• Refrain from encroaching upon acknowledged social gauges and guidelines of graciousness with different Members.
• Refrain from encroaching upon the ordinary running of the Application’s Services or framework in any capacity.
• Refrain from utilizing robots or devices other than those given by HAPPN when utilizing the Application to contact different Members.
• Refrain from utilizing the Application to orchestrate escort administrations.
• Refrain from moving toward different Members with the point of advancing paid administrations or items.
• Refrain from unveiling his or her login data to different Members, especially the username and secret phrase used to get to his or her Account.
• Refrain from publicizing or empowering in any capacity the utilization of whatever other administration, regardless of whether this is a contending administration, and abstain from submitting any offense identifying with uncalled for rivalry.
• Refrain from utilizing the Application to compose get-togethers or showings.
The Member will not duplicate or potentially spread, or potentially exchange specialized information that it may capture on the system associated with the HAPPN application.
9.3 Personal Use
The Member consents to utilize HAPPN exclusively for individual utilize. The HAPPN organize must not be abused for business, limited time, discretionary or enlistment purposes. It is entirely denied to send Messages of an advertising as well as business nature as well as pamphlets by means of the HAPPN inbox, including however not constrained to substance, rules or hyperlinks to outsider locales or materials, especially those of HAPPN’s rivals.
9.4 Member’s Liability
The Member is subject for his or her very own activities and for the information that he or she distributes by means of the Application.
Should HAPPN be held at risk for any disappointment by the Member to consent to its commitments, the Member will hold HAPPN innocuous against any conviction made against it with respect to the Member’s encroachment of the law or of these TCOU.
HAPPN does not direct the substance distributed by Members and shared through the Application. Specifically, HAPPN’s staff will not check any photographs, content or substance to which hyperlinks distributed by Members are pointing. The Member may report unlawful substance which disregards French law or these TCOU utilizing the control apparatuses furnished by the Application as per Article 8.3.
All photographs of an obscene or big cheese nature, which damage humility and are by and large hostile to open good qualities are entirely denied. The distribution of such photographs will be viewed as a genuine offense and can prompt the suspension as well as conclusion of the Member’s Account, notwithstanding whatever other punishments that might be forced by the courts.
9.6 Real-life Meet-ups
HAPPN prompts Members who wish to orchestrate “reality” meet-ups to be cautious. Individuals are exclusively in charge of checking the personality of those with whom they meet. “Reality” meet-ups are orchestrated autonomously of HAPPN and are the sole duty of Members. HAPPN can’t be held subject for any demonstrations or issues of any kind which have been submitted or caused by Members as well as previous Members when such occasions happen after utilization of the Application. In this regard, one of the proposed advantages of the HAPPN informing administration, again to guarantee that Members stay protected and free from badgering, is to empower Members to choose which individuals ought to be permitted to see their profiles and converse with them.
As respects the general population with whom the Member has consented to trade Messages, it is prescribed that Members don’t too promptly uncover data which is excluded in the profile, for example, a telephone number, address or surname. For security reasons, HAPPN firmly exhorts, that genuine gatherings be orchestrated just in occupied open spots or that a companion or relative be educated of the gathering and that Members uncover their contact data simply after a sensible timeframe.
9.7 Account Management
The Member should frequently counsel his or her inbox and warnings, which HAPPN will utilize entomb alia to keep the Member refreshed on data relating to its Services. This data may likewise be sent to the Member’s email address which is gotten through Facebook Connect.
The Member may get to his or her Account Services by interfacing with the Application utilizing a secret username and secret phrase. The Member is exclusively in charge of his or her login data and any utilization of this data by an outsider. The Member will particularly hold HAPPN safe against any correspondence, utilize or assertion made utilizing his or her Account.
The expense of gear (equipment or programming) required to get to the Services together with every single other cost related thereto, including media communications costs, will be borne exclusively by the Member. The Member is exclusively in charge of the equipment used to get to the Service.
Article 10: Payment Terms
Credits can’t be acquired separately. They are accessible in Packs of numerous Credits, at costs accessible in the Apple App Store, the Google Play Store and the Windows Phone Store.
Individuals get a free Pack of 10 Credits while enrolling with the Application.
10.2 Secure Payment
Packs can be paid for safely as per the installment terms of the Apple App Store, Google Play Store or Microsoft Windows Phone Store. The Apple App Store, Google Play Store and Microsoft Windows Phone Store alone are at risk for their installment terms and procedures, which are outside HAPPN’s ability to control as per the terms and conditions set out by the above stages. Any discounts or installment related solicitations must be sent to Apple, Google or Microsoft as indicated by the gadget used to make the buy.
Bank points of interest are gathered by Apple, Android and Microsoft and are outside HAPPN’s ability to control.
Article 11: Services Provided
11.1 Credit Validity Period
Credits obtained or offered by HAPPN may just be utilized for the term amid which the Account stays dynamic, in consistence with the TCOU. In any case, in case of early end of the Account in accordance with Article 16.3, 16.4 or 16.5 henceforth, any residual Credit at the date of end will be for all time erased from the Account, without pay of any sort.
A consequent re-enlistment of the Member won’t enable him or her to recuperate the lost Credits.
Particular instance of Credits offered: HAPPN may offer Credits to Members as a major aspect of its dedication program or for an uncommon occasion.
11.2 Cumulative Services
Credit Packs are combined. The quantity of Credits in each Pack bought is added to the rest of the Credits in the Member’s Account.
Article 12: Communication with the Member
12.1 Push Notifications
The Member may get push warnings through the Application to advise him or her of essential occasions, including yet not restricted to:
• A Chat ask for got from another Member
• A Message or vocal message got from another Member
• A Message from HAPPN identifying with the Member’s Account and additionally Services
The Member may change his or her message pop-up inclinations through his or her Account.
At the point when the Member registers with the Application, he or she consents to get pamphlets from HAPPN. He or she may withdraw whenever by tapping on the “withdraw” interface gave in the bulletin as well as by practicing his or her entitlement to drop by sending an email to the location gave in Article 17.
12.3 Advertising and limited time messages
HAPPN is allowed to post, through the Application, publicizing and limited time messages from promoters and some other accomplice. The Member explicitly agrees to get such messages.
Article 13: Sponsoring
13.1 Inviting Friends
HAPPN enables its Members to welcome companions to join the Application with the end goal to broaden the system and increment their odds of meeting somebody. Individuals who support another client get 5 free Credits. Individuals should just support those in their prompt circle (companions and relatives) whom they know, all things considered. Therefore, aggregate proposals outside this circle are entirely precluded.
HAPPN repeats that the advantages got from this discretionary element are straightforward advantages exclusively for use as a feature of the Application. HAPPN for no situation guarantees Members qualification to any direct monetary profit as a reward.
Article 14: Intellectual and Industrial Property
14.1 Prerogatives identified with Trademark Law
The HAPPN trademark is only claimed by HAPPN (SAS or Simplified Joint Stock Company enrolled with the Paris Trade and Companies Registry under the number 535 217 723), and HAPPN holds the majority of the related rights. The trademark has been enrolled with the French National Institute for Industrial Property (Institut National de Propriété Industrielle) under the number 4109777, the Office for Harmonization in the Internal Market under number 012787974, and the World Intellectual Property Organization.
Any generation and additionally utilize or potentially incomplete as well as aggregate joining and additionally alteration and additionally cancellation of the trademark and related rights, such as (without constraint) the Application’s motto and logo, through any technique at all and in any frame at all, in any configuration or through any medium at all, is entirely precluded without HAPPN’s earlier, express and composed approval, and lawful procedures might be brought.
The trademark is ensured by Articles L713-2 et seq. of the French Intellectual Property (Code de la propriété intellectuelle) as of now in power in France, and this assurance is worldwide.
14.2 Prerogatives identified with Copyright
The first works given by HAPPN are solely claimed by HAPPN (SAS or Simplified Joint Stock Company enrolled with the Paris Trade and Companies Registry under the number 535 217 723). HAPPN holds the majority of the related rights.
Any portrayal as well as generation as well as conveyance and additionally incomplete or potentially add up to abuse of the substance and Services given by the Application, such as the product, livelinesss, content, recordings, designs and all the more comprehensively the general structure, through any technique at all and in any frame at all, in any configuration or through any medium at all, is entirely restricted without HAPPN’s earlier, express and composed approval, and lawful procedures might be brought.
These unique works are ensured by Articles L335-3 et seq. of the French Intellectual Property (Code de la propriété intellectuelle) right now in power in France, and this assurance is universal.
The use rights allowed by HAPPN to the Member are confined to private and individual utilize. Some other use by the Member is precluded without HAPPN’s approval.
The Member gifts HAPPN and its accomplices a gratis, non-elite, global and lasting permit for the utilization, generation, portrayal, adjustment and interpretation of any fundamental protected innovation related part (content, photographs, recordings and so on.) that it might give through the Application to the non-restrictive motivation behind speaking with different Members. HAPPN will utilize this permit in a way which consents to picture rights and which secures the client’s close to home information, without distorting the genuine idea of the Member’s profile and in this manner with regards to this profile. This permit grants HAPPN to guarantee that these parts are good with its specialized execution or the required media positions. Rights are conceded on a global premise and all through the execution of these TCOU between the Member and HAPPN.
The Member will hold responsibility for substance and individual information that he or she gives.
The Member will hold HAPPN innocuous against any lawful activity, advance or conviction conveyed against him or her because of his or her encroachment of an outsider’s licensed innovation rights. The Member will hold HAPPN innocuous against any subsequent cases or harms.
Article 15: Unfair Competition
The accompanying demonstrations are entirely precluded: the plan of an item like the Application or the formation of a subsidiary, and all the more for the most part being liable of parasitism, impersonation, a spread crusade or some other demonstration of uncalled for rivalry. HAPPN saves the right, for this situation, to serve a writ on the Member being referred to.
Any Member who prevails in or endeavors to concede licenses or sub-licenses, or to offer, exchange, exchange, dole out, disseminate or financially misuse in some other route, or to make accessible the Services or Application to an outsider in any capacity will chance genuine lawful punishments.
Article 16: Termination
16.1 Deactivation of the Account by the Member
The Member may deactivate his or her Account without notice through the Application on the off chance that he or she never again wishes to be obvious on it.
When the profile has been deactivated:
• The Member’s profile will be made imperceptible to different Members previously, present and future.
• There will be no change to the lawful information maintenance commitment.
• in case of an Account being reactivated amid the one-year time frame following the conclusion of the Account, the points of interest kept will be reallocated to the profile, which will be unmistakable once more.
16.2 Uninstallation of the Application by the Member
The Member may uninstall the Application from his or her versatile whenever without notice. All things considered, the Member will have no further access to the Application except if he or she downloads it once more.
When the Application has been uninstalled:
• The Member’s profile will be made undetectable to different Members before, present and future;
• There will be no change to the lawful information maintenance commitment;
• in case of an Account being reactivated amid the one-year time frame following the conclusion of the Account, the subtle elements kept will be reallocated to the profile, which will be obvious once more.
Be that as it may, Members are educated to log out with respect to the Application before uninstalling it. As a matter of course, the Member’s profile will stay open for 24 hours following the uninstallation.
16.3 Deletion of the Account by the Member
The Member may choose, whenever and without notice, to forever erase his or her Account by sending a letter or email to HAPPN, whose postal location and email address are appeared in Article 17 concerning this. All things considered the Member’s profile will be for all time erased, including the rest of the Credits on his or her Account.
Should the Member wish to begin utilizing the Application once more, he or she should enroll under indistinguishable conditions from the first enlistment.
When the Account has been erased:
• The Member’s profile will be made imperceptible to different Members;
• The Member’s information will be held for one year as of this date, as respects specifically the lawful commitments officeholder upon HAPPN as per the terms set out by Article 6.6 in this regard, and will be for all time erased from that point;
• The Member can’t reactivate his or her old Account;
• The rest of the Credits on the Member’s Account on the day the Account is erased, will be authoritatively lost with no plausibility to guarantee any repayment.
The Member won’t have the capacity to reactivate his/her past Account.
16.4 Termination/Suspension of the Account by HAPPN if there should arise an occurrence of break of TCOU
If there should arise an occurrence of break of TCOU by the Member, his or her record can whenever be suspended as a defend measure and afterward ended starting at appropriate by HAPPN.
HAPPN will be qualified for suspend a Member’s record as long as important to permit the client benefit group to make all examinations essential after the report as required by Article 8.3 or if there should arise an occurrence of assumed rupture of TCOU.
The announcing Member will be educated of such a choice on the Application as well as by email at the location given. The Member is welcome to contact the client benefit staff with the end goal to get more data on the reasons of the suspension and with the end goal to give a few clarifications and additionally bring the evidence that the break has been relieved.
On the off chance that inside 30 days following the notice of the record suspension, the Member has not reached the client benefit staff or if the components given by the Members did not cure the rupture, HAPPN will be qualified for inform the Member of his record evacuation by means of the Application as well as by email to the location given. Except if expressed something else, the length of such evacuation is set at 3 years from the notice.
Endless supply of the Account:
• The Member’s profile will be imperceptible to different Members;
• The Member’s information will be held for one year as of this date, as respects specifically the legitimate commitments occupant upon HAPPN as per the terms set out by Article 6.6 about, and will be for all time erased from that point;
• The rest of the Credits will be forever erased from the Account with no probability to guarantee any repayment.
The Member won’t have the capacity to make another record for a 3-year time frame from the notice of the Account evacuation and the Member will be enlisted on a prohibition list.
16.5 Termination of latent Accounts by HAPPN
As of January 1, 2017, at the most recent, HAPPN will suspend latent records as characterized beneath:
A record is viewed as idle if after a persistent time of one year:
• The Application of the Member did not build up contact with HAPPN’s servers (counting in view of deactivation of the geolocation procedure); and
• The Member has not utilized the Application
Note that the two conditions must be met.
The Member will be educated by email (at the location given in the Application) of the suspension of his/her record subject to earlier notice of eight (8) days.
Amid the time of notice, the Member can reactivate his/her Account, which result in the suspension of the end technique. The whole substance of the Member’s profile will then be saved.
Toward the finish of the time of notice and without an opposite goal communicated by the Member, the Account will be naturally erased by HAPPN.
Endless supply of the Account:
• The Member’s profile will be imperceptible to different Members;
• The Member’s information will be held for one year as of this date, as respects specifically the legitimate commitments occupant upon HAPPN as per the terms set out by Article 6.6 in this regard, and will be for all time erased from that point;
• The rest of the Credits will be forever erased from the Account with no plausibility to guarantee any repayment.
The Member won’t have the capacity to reactivate his/her past Account.
Article 17: Contact Details
Individuals can contact HAPPN via mail at 8 Rue du Sentier, 75002, Paris, or by email at the accompanying location: firstname.lastname@example.org.
Article 18: Confidentiality Clause
In case of a question, neither HAPPN nor the Member are approved to reveal data about the assention among them, and each gathering consents to conform to a secrecy statement which expects them to incline toward private arrangements in case of a difference.