TERMS OF USE ONEJITSU
07 June 2018
1. Introduction
These current Terms of use apply
to the ONEJITSU application. They are deliberately written in a direct style in
order to be read, understood and accepted by all the users of the application.
For those who like to read legal literature,
PHIL&KOD can send you a more traditional version of these Terms of use by
email on demand at contact@onejitsu.com
ARTICLE 1 - Whats services does the ONEJITSU app offer ?
The app helps every « Sports user » :
✓
create their « Sports profile » ;
✓
discover the academies (every gym offering brazilian
jiujitsu lessons or any other affiliated and related martial art such as grappling,
MMA, krav-maga, lucha libre, etc.) located near them
using the geolocation feature of their device
✓
discover the other users who, depending on their last
geolocation in the app, are or were nearby
✓
meet other users, sports practitioners, or academies
✓
« become friends » with some users ;
✓
« become a member » of a specific
academy ;
✓
get notified or
learn about the events related to brazilian jiu-jitsu happening nearby them
✓
store in the calendar of their device, the events they
decided to attend
✓
get notified or show ads offered by partners, selected
carefully by the PHIL&KOD company, in order to promote products or services
related to Brazilian Jiu-Jitsu and the related martial arts.
The app also offers a « manage your academy » feature which offers to :
✓
promote an admin for the management of a « Gym
page » within the app, for a jiujitsu academy or a related martial art
✓
manage your « Gym page » (edit the
information created automatically by PHIL&KOD, mainly through the
directories broadcasted by the federations in charge of organizing the sport of
Brazilian Jiu-Jitsu and related martial arts such as : CFJJB - Confédération française
de Jiu-Jitsu Brésilien, IBJJF – International Brazilian Jiu-Jitsu federation,
etc.) ;
✓
offer activities and events related to Brazilian
Jiu-Jitsu and related martial arts
✓ promote events by broadcasting them to a limited perimeter of users, more or less expanded, around the gym location
✓
manage your members and subscribers (follow their belt
promotions and exams, manage competitions, handle the payment of the
subscription fees, inform members and subscribers, etc..).
ARTICLE 2 - What are the terms of access conditions to ONEJITSU ?
You must :
✓
accept the terms of use described in this contract;
✓
download the app on an official application store, on
a compatible device (smartphone or tablet) ;
✓
fill a user profile from which a part of the data will
be visible by all the other users
✓
subscribe to a premium membership for the user who
wishes to manage a Gym Page (see ARTICLE 7 - « What are the fees to use
the service ? »).
ARTICLE 3 - How does OneJitsu use your personal information ?
Prior Formality_ In order to enforce the « Informatique et Libertés » law from the 6th of January of 1978 updated by the RGPD, subscription to the « registre des traitements mis en œuvre par la Société PHIL&KOD », in particular concerning the simplified norm n°48 "gestion des clients et prospects".
Purpose of the treatment_ The personal information you deliver within the application are mainly used to manage the relationships between users. Otherwise for the treatment of requests phrased directly by the PHIL&KOD company. Your data are stored within the « User files » of the company.
Some statistics are also created in order to help enhance the user experience delivered.
Some of your personal information can also be used to display on your account, if you allow it, to show targeted ads by third-part partners or sponsors selected carefully by PHIL&KOD.
Processed data_ Some informations are mandatory in order to access the application and some specific features of OneJitsu. The mandatory information are displayed by (*) on every page where we collect data. Other informations are not optional.
✓
Sports user profile data_[To create your profile
and access your user profile] username (first name, family name, nickname,
avatar, etc.), e-mail, password for ONEJITSU ; public profil created on
Facebook if you wish to connect from this Social Network; [accepting the terms
of usage] ; [Photo] ; [Birthdate] ; [Phone number] ; [Belt
ranking and weight] belt color, number of stripes, weight category according to
the official weight classes used in competition ; [Favorite outfit] Kimono
or No Gi ; [Martial arts type] to select in a dropdown ; [Game style]
dynamic or flexible, attacking or defense, old school or modern
school ; [Favorite techniques] to select in a dropdown for instance
closed guard, leg attacks, de la riva. ; [Training regimen] to choose
between 1 or 2 times, 2 to 3 times, 3 times and more per week; day(s), period
between morning, noon, evening; [Track record] title, competition, year ; link
to an academy to wish you ask to become a member; [About] Comment zone where
you can introduce yourself in a few words ;
[Documents] licence, medical certificate and other documents that you consider useful to have available to practice your martial art;
[Your notifications] Set
the geolocation (only a distance is shown to other users, your precise location
is stored confidentially on the servers used by ONEJITSU); allow notifications
sent from the application to the Users, Gyms and Ads partners of ONEJITSU,
allow ONEJITSU to send you e-mails in order to sustain the application.
✓
Gym profile data_[To manage the page of
your gym and edit the information displayed within the application] Username
(name of your academy) ; public profile made from a Facebook page of the
academy if you want to connect from this Social Network; [Location] postal
address ; Phone number and Whatsapp number, [Schedule] days, hours, and
lessons offered; [Website] address of your academy’s website ; [Social
networks] links to the social networks you use; [En Pictures] Pictures published
by the academy,[Events] ; [News] ; link with users who wish to become
members.
Mandatory or optional, once they are provided, some information will become your « Public Profile » and will be visible by all the other users : [Username] ; [Photo] ; Age ; [Belt and Weight] ; [Favorite outfit] ; [Martial arts type] ; [Game style] ; [Favorite techniques] ; [Training regimen] ; [Track Record] ; town and distance, calculated with your last location.
All the information you provide, mandatory or optional, will be made fully visible to each User who you « become a friend » with, or « managing the page of a gym you are a member of » (except for the password of your account, your birthdate and the files you might have stored within the application).
Third party providers_ The company entrusts some
of its tasks to third party providers for the
governance of the application (the company « PAILLARD
Florian » and GOOGLE) . These third party providers signed a contract
of subcontracting reminding them of the obligations linked to the personal data
protection of the data they have access to. In particular, your data cannot be
used for any other purpose than managing the application.
Third party Gyms_ A « premium member /
gym user » has access to some
features in the application to manage his activities and events related to
Brazilian Jiu-Jitsu and associated sports (like the belt exams and ceremonies
or arranging competitions for some disciplines). In that matter, the academy
can subscribe to a premium membership and will have access to some data of the
« Sports Users » who are linked to the academy. (see ARTICLE 7 -
« What are the fees to use the service ? »). PHIL&KOD thus
reminds the academy of its obligations
regarding the protection of the data provided by the user profiles within
the application.
Third party advertisers_ The application can display some general content advertising, and also send you ads more appropriate to your User Profile depending on your location. Each partner is selected carefully by PHIL&KOD. The ads pushed within the application are related to products or services linked to the martial art of Brazilian Jiu-Jitsu and other related sports and topics (gear and accessories for these sports, health and nutrition, etc…).
None of your data will be sold or given to any Third
party. PHIL&KOD is the middleman, reminding each third party of the
obligations it has to fulfill regarding the protection of data. In order to
customize and target an ad offered by a partner, PHIL&KOD collects your
agreement to enable a n advertisement
oriented profiling.
Third party legal authority_ In case of an offense open
to legal or regulatory dispositions, your data can be forwarded to some public
authorities based on an official and justified demand (CNIL, police
investigation, etc.). PHIL&KOD will inform you about that, while respecting
the confidentiality of criminal
investigations.
Your rights « Informatique et Libertés »_ Beyond the information given in the current Terms of Use and the forms we use to collect your information, you have the right to :
✓
get further
precisions about the functioning of the application and the treatment of your
data ;
✓
not fill in the optional information fields, and still
use the application;
✓
unsubscribe, at all times and without providing any
explanation;
✓
oppose yourself, because of a particular situation, to
the treatment of a part or to all of your data;
✓
unsubscribe, at any time and without any explanation,
to any general ad pushed within the explanation, by the PHIL&KOD company
for each or every third party advertisers.
✓
allow the treatment of your profile data to receive
targeted ads, customized with the help of the data filled in your user account;
✓
remove your approval, at any time and without any
explanation, to receive target ads pushed within the application, by the
PHIL&KOD company for each or every third party advertisers;
✓
access the data related to you, stored by the
PHIL&KOD company;
✓
correct and update data concerning yourself ;
✓
remove and delete data concerning yourself ;
✓
take away the date filled on your user profile, in a
format easily usable by another tool or service
These rights can be applied at any moment either by contacting the PHIL&KOD company, or from your « User Account » or directly within the app in the « Contact us » category, or by email at contact@onejitsu.com or even by postal mail to the address 222, Rue des Postes 59000 LILLE.
Storage life_ Only your last location and the last update of your user profile data are stored, no history is necessary to use the service. Your data are treated until you delete your account from the application (using the « delete account » feature within the application). Uninstalling the application from your device does not enable PHIL&KOD to delete your data, you have to do it manually from within the app before uninstalling it.
In
the case where you do not use the application during a certain amount of time,
a notification will be sent to you in order to know your choice and then inform
you about the profile deactivation conditions, or even about an upcoming
deletion of your profile.
If
you do not use the application during 2 consecutive years, your data will be
archived and, as soon as possible deactivated then deleted. Only anonymous
informations may be stored.
This
2 years duration enables you to reactivate your user profile if you wish to use
ONEJITSU again, it also helps us consider a User profile as Inactive, or to
clean all the tools used in order to store your data. Some data linked to a premium membership for a gym are
stored because of financial accountability.
Transfering your data outside of the European Union [EU]_ The application being developed on the application market organised on the « PlayStore » for GOOGLE, the PHIL&KOD company can hardly commit on the location of the data within the EU. What’s more, the app can be used within every country you visit outside of EU as well so by definition some data can transit outside of the EU.
ARTICLE 4 - What
are your commitments ? What is your user responsibility ?
You commit to :
✓
respect the general terms of use described in this
contract
✓
respect the ethical and moral code applied to the
martial art of Brazilian Jiu-Jitsu, and depending on your situation, the
ethical code of the associated martial arts
✓
update your profile data ;
✓
broadcast lawful content, consistent with public
order, good moral standards and benevolent;
✓
report any behaviour or content which appears contrary
to the main usage of ONEJITSU, or to the moral code of Brazilian Jiu-Jitsu and
associated martial arts
You commit to :
✗
not broadcast fake, deceptive, inaccurate or
misleading informations
✗
not broadcast content considered illicit, offensive,
or which could cause harm to somebody (do not encourage violence, racial or
ethnical hatred, insult, defame, broadcast child pornography, be threatening,
obnoxious, behave in a fraudulent manner, use personal data outside of the
application and without the consent of the concerned user, contravene
intellectual property rights, etc.) ;
✗
not adopt a behaviour opposite to the public order,
the good moral standards, or deceptive towards another user of the application
(not sending an element containing a virus, code, file, or software made to
stop, destroy or limit the features of any software, device or electronic
communication - publish, transfer, share, save or provide through any way, a
content which constitutes or supports an act criminally reprehensible, which
gives instructions on how to commit such an act, or which could transgress the
local, national or international legislation).
In the event of an abnormal usage or illicit utilization of the ONEJITSU application, you are the only person responsible of the damages caused to the third parties because of your behaviour, and of the complaints and actions which could result from this.
ARTICLE 5 - What are our commitments ? What is PHIL&KOD’s responsibility ?
The PHIL&KOD company gives you the application with diligence and by the book. It commits to securing your usage of the application and the personal information entrusted.
In principle, the application is usable 24 hours a day
and 7 days a week. Though the PHIL&KOD company is only entrusted to the
best endeavors obligations.
Its responsibility can not be commited in the case of an interruption of service caused by a case of force majeure, because of a third party or because of your actions. The company declines any responsibility, without this list being limiting :
✗
in the case of an interruption of service for
technical maintenance or updating the information published ;
✗
in the case of an interruption of service,
restrictions of access to the network or the specific servers connected to the
network, variation in the quality of service provided linked to a fact, an
action, or an omission of a third party of the Contract, and which would be
separate to the will of the Company ;
✗
in the case of a lack of availability, overload or any
other cause preventing the normal operation of the network used to access the
Service ;
✗
in the case of a contamination by any potential IT
viruses circulating on the network ;
✗
in the case of an abnormal usage or an illicit
utilization of the Service ;
✗
in the case of a loss by the User of his/her user
identification and/or password, or in the case of an identity fraud.
The PHIL&KOD company supplies the Application for a usage as described in the ARTICLE 1 « What services does the ONEJITSU app offer ? ». This Service operates with a collaborative work; its content is provided by the different users, without any moderation beforehand by the PHIL&KOD company. Considered as a host for the content uploaded by the users of the application, as stated in the article 6 of the « loi pour la confiance en l’économie numérique / LCEN » du 21 juin 2004 updated, the Company :
✗
cannot be held for responsible of a dysfunction during
a usage not in compliance with to this description, or done with an illicit
desire (for instance : error in the content broadcasted, back or behaviour
malevolant from another user of the Application) ;
✗
is not responsible at first glance of the
content enriched by users ;
✗
does not tolerate any obligation of surveillance at
first glance of this content.
The PHIL&KOD company is nonetheless attentive and listening in order to better as much as possible the safety of the ONEJITSU application users. Once informed of a dysfunction, the Company puts in place the ways at its disposal to resolve it. In that sense, it has the possibility to suspend a user account, without any warning or compensation in the case of :
✗
a failure by the user to commit to the obligations
listed in the current Terms of usage ;
✗
a broadcast of content contrary to the current Terms
of usage.
In these possibilities, the company will inform by e-mail, the suspected user to demand explanations and to find a remedy to the failure. If the nature of the failure is such that the contract cannot be pursued, the company has the full right to terminate the contract and to delete the user accounted related.
ARTICLE 7 - What are the fees to use the service ?
FREE_ Each sports user can use the ONEJITSU app for free.
The usage nonetheless requise that you are connected to the Internet, which
depends on the conditions or options of the subscription you have subscribed with your telephone
operator.
The physical access to some academies can also be subjected to complimentary fees, for which the PHIL&KOD company is not responsible.
CHARGED_ The user who wishes to « Manage an academy (or
Gym) » must subscribe to a charged membership with the PHIL&KOD
company. This subscription is offered with a « standard » and a
« standard plus » options , monthly or annually. The payment is executed directly with the
transaction module, handled by the application market.
For the launch of the application, the PHIL&KOD company offers the following prices.
# The « standard membership » is set at 4,99 € a month.
A 16,6 % reduction if the user subscribes for a year, which amounts to 49,99 € a year.
The « standard membership » includes the following features :
✓
manage the
« Academy or Gym profile » (schedule, location, etc.) ;
✓
send news to
the account of users who became members of the Academy ;
✓
promote events
to any user located at 10 km around the academy
Promoting events (competitions, seminars, etc.) to a broader geographical audience requires additional costs, by event :
✓
perimeter of
100 km additional = 1,09 € by push
✓
perimeter of
250 km = 2,29 €
✓ perimeter of 500 km = 3,49 €
✓
perimeter of
750 km = 4,49 €
✓
perimeter of
1.000 km = 5,49 €
The price list can evolve in the future. You can get additional explanations by visiting our website or by sending your request by e-mail to the PHIL&KOD company [contact@onejitsu.com].
ARTICLE 8 - Practical Law
French is the official language of the contract.
The user can select the language he wishes to read and
understand the Terms of Usage.
Any translation of the contract is given as an indicative, in order to help the non franc speaking users to understand the ONEJITSU app. This means that although PHIL&KOD did its best with this translation, only the French version is admissible.
This current contract is reigned over by the French
Law.
In the case of a dispute, the appropriate courthouse
must be determined by applying the rules of the common Law.
Société PHIL&KOD
SAS au capital de 7.500,00
€uros, immatriculée au RCS 834 011 603 00018
siège social est situé
222, Rue des Postes 59000 LILLE ; contact@onejitsu.com