These General Terms of Sale (the ‘GTS‘) apply in full to any purchase from NOTILO PLUS by a professional customer (the ‘CUSTOMER‘), irrespective of its place of residence or establishment, of an autonomous underwater or surface drone(s) and its remote (the ‘Drone(s)’) and accessories (the ‘Accessories’, the Accessories and / or the Drone are referred to indistinctively as  the ‘Products’), to the exclusion of any resellers and / or distributors of the Products which would have to a sign a specific agreement.  Accessories are optional and may be purchased at any time later by the CUSTOMER. A specific documentation (the ‘Documentation’) is provided with the Products. The purchase of the Products can be made, for the use of the CUSTOMER itself or through its employees (the ‘Final User”). As the Drone includes the embedded software application that allows to activate, update and pilot the Product  (the ‘Application) and cannot function without said Application, the sale of the Drone to the CUSTOMER includes the granting of a license per Drone to use the Application under the terms and conditions specified in Chapter C below. The CUSTOMER or the Final User accepts the General Terms of Use if the Application (the ‘GTU’), attached in Appendix 1 which are part of the present GTS, and the Documentation.

The GTS are concluded between the company NOTILO PLUS, a Simplified Joint Stock Company registered in the Trade & Company Register (RCS) of Marseille under the number 818 400 145, VAT number FR79818400145, having its registered office at Le Castel Héritage 61 boulevard des Dames, 13002 Marseille (hereafter referred to as “NOTILO PLUS”) and the CUSTOMER.

The GTS are shown on the back of the order signed by the CUSTOMER. The GTS are applicable to the CUSTOMER who acknowledges that he has been made aware of them and accepts them at the time he signs the order on paper. The signature of the order on paper by the CUSTOMER therefore constitutes unreserved acceptance of the GTS.

An email confirming the order and to which the GTS are attached is sent to the CUSTOMER within 48 hours.

NOTILO PLUS reserves the right to modify its GTS at any time, without notice. In the event of any modifications, the applicable GTS are the one shown on the back of the order signed by the CUSTOMER and send to the CUSTOMER in the confirmation email.

By accepting the order, the CUSTOMER acknowledges that it has had the opportunity to negotiate the terms hereof and, accordingly, (i) acknowledges that they reflect the result of these negotiations and (ii) waives the right to require performance of any other document, whether contradictory or not, and in particular its own general terms and conditions of purchase, without NOTILO PLUS’s prior written consent.

 

SECTION A – GENERAL PROVISIONS

  • 1. LIABILITY – WARRANTY 

Between professionals, only the legal warranty of hidden defects applies. The Parties being professionals of the same speciality, the legal warranty of hidden defects is contractually limited as follows.

 

    • 1.2 LIMITATIONS OF LEGAL WARRANTY OF HIDDEN DEFECTS

The CUSTOMER acknowledges that the GTS and the Product have a direct relation with his professional activity and that it has the same business as NOTILO PLUS. The legal warranty of hidden defects is limited by the GTS. The legal guarantee of hidden defects applies for twelve months and it is limited with regard to the following elements: The coverage of the warranty lasts :

  • three months from the date of purchase or 100 hours of operation for the motors whichever expires first,
  • three months from the date of purchase for the headlights,
  • three months from the date of purchase or 100 cycles for the battery charge whichever expires first;
  • for standard beacon connectors, the warranty covers defects that occur within three months from the date of purchase ;
  • for Accessories which are manufactured by third parties (such as tablets) applicable warranty (if any) is detailed in Appendix 2 of these GTS.

In order to enforce the warranty, the CUSTOMER must report any defect or flaw to NOTILO PLUS within a maximum of seven (7) days from its discovery, by email with acknowledgement of receipt at contact@notiloplus.com NOTILO PLUS shall replace the defective part of the Drone(s) or Accessories or where this is not possible, shall reimburse the cost, excluding tax, of the item in question, resulting in the total or partial, cancellation of the sale. All other compensation or damages of any kind whatsoever are excluded. The return costs are at the CUSTOMER’s charge. Any service not covered by the warranty or attributable to the CUSTOMER will result in the issue of a quotation for reparation for prior approval by the CUSTOMER. The CUSTOMER acknowledges having been informed by NOTILO PLUS of the warranty limitations at the time of acceptance of the GTC.

 

    • 1.2 EXCLUSIONS OF WARRANTY

Exclusions to the foregoing include defects and flaws caused by natural wear and tear, accident, external intervention not approved by NOTILO PLUS, poor maintenance, abnormal use or use not in accordance with the Documentation, negligence, as well as any malfunction resulting from disassembly of the Drone by the CUSTOMER and in particular of the parts contributing to its watertightness (except for the battery cover) or any third party mandated by the CUSTOMER.

The following elements are also excluded from the warranty: all parts of the Products in the event of shocks, exterior parts of the Products if they are scratched (outer shell of the Product, handles, portholes, battery bell, hydrophone protections, lower remote casing, remote’s glass, remote’s button, wifi reel casing and buttons, Seasam Navigator outer shell, buttons and antenna, hardcase outer shell, engine propellers…), or the remote.

In any case, the Application is supplied as is, reflecting the latest technology at the date of entry into effect of the license, and is not guaranteed free of bugs or errors. The CUSTOMER alone is liable for using the Drone(s) in accordance with its Documentation and the regulatory authorization it has obtained if needed. In the event of any direct damage caused by the Products, or resulting from the performance of these GTS, NOTILO PLUS’s liability is limited either to the total amount, excluding tax, of the order, in the event of damage to the Product through fault of NOTILO PLUS. In any event, any damage arising as a result of a force majeure event or a cause attributable to the CUSTOMER or to a third party, as well as any indirect damage (except personal injury), is excluded. NOTILO PLUS is not liable towards any third party that will exploit the Product on behalf of the CUSTOMER. The CUSTOMER is liable towards NOTILO PLUS of the compliance with the contractual obligations deriving from the GTS.

In the event of a force majeure event as defined in Article 1218 of the Civil Code, the obligations of the Party affected by the force majeure shall be suspended until the effects of the force majeure have ceased. The affected Party shall inform the other Party as soon as possible of its inability to perform its obligations.

  • 2. PRICE – TERMS OF PAYMENT
    • 2.1 PRICES

Prices are stated exclusive of tax and correspond to those in effect on the order date. Any rebate, discount or reduction must be indicated and will appear on the invoices. The invoicing and payment terms are stipulated in the order. NOTILO PLUS does not intend to grant any discount for payment in cash or prior to the date indicated in the order.

 

    • 2.2 TERMS OF PAYMENT

The order is paid for immediately at the time it is placed, by bank transfer.

Any sum not paid by its due date may or, where appropriate, will have the following effect(s): (i) the right to suspend fulfillment of the order and/or any other order currently being fulfilled, until the invoice in question has been paid in full; (ii) the automatic application of late payment interest equal to the interest rate applied by the European Central Bank for its most recent refinancing operation plus 10 percentage points, provided that this is not less than three (3) times the legal interest rate in force. This interest will accrue from the date on which payment was initially due until payment is made in full; (iii) the repayment of all costs incurred to recover the outstanding sums owed, including court fees and those of lawyers and legal officials, as well as payment of a fixed debt collection fee of €40; and (iv) cancellation by NOTILO PLUS of the order concerned as of right and without any other formalities, without prejudice to its right to claim damages at least equal to the amount of the order cancelled on the grounds of breach of contract by the CUSTOMER.

 

  • 3. INTELLECTUAL PROPERTY

NOTILO PLUS will continue to own all intellectual and industrial property rights, whether eligible for protection or otherwise, relating to the Application, the Drone, the Accessories and the Documentation. The acquisition and use pursuant to the GTS do not transfer any of the NOTILO PLUS’ intellectual property rights to the CUSTOMER. NOTILO PLUS warrants that the Drone and the Accessories do not infringe any intellectual property rights belonging to third parties and that their use does not constitute any form of unfair competition or parasitic behavior. Accessories manufactured by third party are expressly excluded from this warranty.

The CUSTOMER may make no use of the intellectual property rights on its own behalf, other than that provided for in the GTS.

 

  • 4. INSURANCE

NOTILO PLUS represents that it has taken out insurance covering its civil liability for all activities and obligations in connection with the GTS and undertakes to maintain said insurance in effect throughout the entire term of the GTS.

 

  • 5. PERSONAL DATA

NOTILO PLUS attaches great importance to the protection of its CUSTOMER personal data. The collection and processing of personal data via the Website is carried out in compliance with the legislation on the protection of personal data and in particular the General Data Protection Regulation n°2016/679 (“GDPR”). NOTILO PLUS is committed to respecting the privacy, storing collected data securely, and letting the CUSTOMER uses and shares his data as he wishes.

The purpose of this article is to inform the CUSTOMER in a transparent manner about the personal data NOTILO PLUS collects, their use and sharing, and the CUSTOMER’s rights in this regard.

By creating his account to order a Product, the CUSTOMER has been invited to tick a box indicating that he consents to the collection and the processing of his personal data by NOTILO PLUS to allow it to execute the order.

 

    • 5.1 RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA

The person responsible for the processing of the CUSTOMER’s personal data communicated as part of the order is NOTILO PLUS, as identified above.

 

    • 5.2 PERSONAL DATA COLLECTED

As part of the execution of the order, NOTILO PLUS collects several categories of data, details of which the CUSTOMER will find below. These data come from:

  • Name, surname, email address, address for the delivery, and, as the case may be credit card information.

NOTILO PLUS does not deal with particular categories of data (so-called sensitive data) such as data that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, health data or data about the sexual life or sexual orientation of individuals.

 

    • 5.3 NON-PERSONAL DATA

NOTILO PLUS also collects data which does not allow for a direct identification of a particular person; these data are therefore considered by applicable law as non-personal. Applicable law permits the collection, use, transfer and disclosure of non-personal data for any purpose. These data help NOTILO PLUS to use its products and services. However, if NOTILO PLUS associates non-personal data with personal data, the data thus combined would be treated as personal data as long as they remain associated and therefore subject to the conditions mentioned in this article.

 

    • 5.4 PURPOSE OF PROCESSING

NOTILO PLUS collects the CUSTOMER’s personal data for the purposes of:

  • Execute the order
  • Manage and follow the relation NOTILO PLUS has with the CUSTOMER.

 

    • 5.5 RECIPIENTS AND CATEGORIES OF RECIPIENTS

NOTILO PLUS is the recipient of personal data collected through the order.

Where necessary for external processing purposes, and only in this case, NOTILO PLUS will transmit such data to its trusted service providers who process them on its behalf, as instructed or in accordance with a contractual agreement, in accordance with this Article and in accordance with any other appropriate security and confidentiality measure. NOTILO PLUS may send them the CUSTOMER’s personal data only for the purposes set out below.

Where necessary to satisfy legal, regulatory and judicial requirements: NOTILO PLUS retains or discloses CUSTOMER’s information if NOTILO PLUS believes that it is reasonably necessary to satisfy any legal or regulatory requirement, legal process or administrative request, to protect the security of any person, to deal with any fraudulent, security or technical problem, or to protect the rights or property of its users.

Important: NOTILO PLUS does not resell its CUSTOMER’s personal data to third parties and does not disclose personal and private information outside the situations described in this article.

 

    • 5.6 DURATION OF THE DATA RETENTION OF PERSONAL DATA

NOTILO PLUS keeps the CUSTOMER’s personal data only during the period necessary for the purposes set out in this article or in accordance with the applicable law.

 

    • 5.7 DATA SECURITY

NOTILO PLUS takes the appropriate technical and organizational measures, in accordance with the applicable legal provisions, to protect CUSTOMER’s personal data against unlawful or accidental destruction, accidental loss or alteration, or unauthorized disclosure or access. To this end, NOTILO PLUS has put in place technical measures (such as firewalls, data encryption) and organizational measures (such as an ID/password system, physical protection means, etc. …).

 

    • 5.8 TRANSFER OF DATA TO A THIRD COUNTRY

All NOTILO PLUS’s servers on which CUSTOMER’s data is stored and those of the providers used to exchange and store these data are located in Europe.

 

    • 5.9 CUSTOMER’S RIGHTS

In accordance with the provisions of the French Data Protection and Freedom of Information Law of January 6, 1978, modified and the GDPR, the CUSTOMER has a right of access, rectification, deletion, limitation, opposition and a right to the portability of his personal data.

 

      • 5.9.1 Right of access

CUSTOMER has a right of access to his data processed by NOTILO PLUS. It allows the CUSTOMER to read the data NOTILO PLUS has about him and, if the CUSTOMER wishes, to request a copy.

 

      • 5.9.2 Right to rectification

According to the regulations applicable to the protection of personal data, the CUSTOMER can request NOTILO PLUS to correct personal data about him that are inaccurate. CUSTOMER may also request that his personal data have to be completed, including by providing, in support, a supplementary declaration.

In order to allow him to exercise this right as easily as possible, NOTILO PLUS invites him to proceed directly with these modifications and additions to his account. If CUSTOMER believes that other data about him needs to be changed or supplemented and that he is unable to make this change on his own, he is invited to contact NOTILO PLUS at contact@notiloplus.com.

 

      • 5.9.3 Right to be forgotten and erased

The CUSTOMER has the right to obtain from NOTILO PLUS the erasure, as soon as possible, of his personal data subject to NOTILO PLUS’ legitimate interest or any legal obligation requiring NOTILO PLUS to keep it.

For security reasons and to avoid an unwanted deletion of the account, NOTILO PLUS invites the CUSTOMER to do this by contacting NOTILO PLUS at the following address: contact@notiloplus.com.

With respect to the CUSTOMER’s account data, NOTILO PLUS draws his attention to the fact that search engines and other third parties may still retain copies of the CUSTOMER’s public profile information for a certain period of time when he has accepted the referencing, even after have disabled his account. If he wishes, he can exercise his right to be de-listed directly from these search engines.

 

      • 5.9.4 Right to limitation of processing

CUSTOMER may request from NOTILO PLUS the limitation on the processing of his data, when one of the following applies:

  • he disputes the accuracy of his personal data. In this case, NOTILO PLUS will hide his data for a period of time allowing us NOTILO PLUS verify his accuracy;
  • CUSTOMER believes that the processing of his data is unlawfully implemented and he opposes their erasure and instead require the limitation of their use;
  • NOTILO PLUS no longer needs the personal data about the CUSTOMER for processing purposes but these are still necessary to enable the CUSTOMER to have a formal record of something, or exercise or defend a right in court;
  • The CUSTOMER exercised his right to object under Article 21 (1) of the GDPR.

NOTILO PLUS will limit the processing of CUSTOMER’s data during the audit as to whether the legitimate grounds NOTILO PLUS is pursuing prevail over CUSTOMER’s right.

If NOTILO PLUS decides to lift the limitation of the processing of CUSTOMER’s personal data, NOTILO PLUS will keep him informed.

 

      • 5.9.5 Right to object

CUSTOMER may object to sending communications, especially commercial communication, by NOTILO PLUS. To this end, NOTILO PLUS provides CUSTOMER with an unsubscribe link in all e-mails that NOTILO PLUS send him.

CUSTOMER may also object, for legitimate reasons, to the processing of his data, unless it meets a legal obligation imposed on NOTILO PLUS.

 

      • 5.9.6 Right to portability

CUSTOMER can always request the portability of his data to NOTILO PLUS. By exercising this right, NOTILO PLUS undertakes to send CUSTOMER, within a reasonable period of time and in a machine-readable format, the data that CUSTOMER has provided to NOTILO PLUS whether it has been declared by CUSTOMER or generated by his activity on the Website.

 

      • 5.9.7 Right to withdraw consent

CUSTOMER has the right to refuse at any time the processing of his personal data for personal reasons. As well, CUSTOMER has the right to refuse the processing of his personal data for direct marketing purposes.

 

      • 5.9.8 Right to lodge a complaint with a supervisory authority

The supervisory authority responsible for any request concerning NOTILO PLUS, including, where appropriate, the complaint of a user, is the National Commission of Computing and Liberties (CNIL).

If CUSTOMER wishes to file any complaint with the CNIL, CUSTOMER will find their contact information below:

CNIL (COMMISSION NATIONALE DE L’INFORMATIQUE ET DES LIBERTÉS)

3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07

Tel.: 01 53 73 22 22

(from Monday to Thursday from 9am to 6.30pm/ Friday from 9am to 6.00pm)

Fax: 01 53 73 22 00

Important! The CNIL does not receive the public and does not provide any information at their offices.

If CUSTOMER wishes to file a complaint with the CNIL, he can fill in the online complaint form available at the following address: https://www.cnil.fr/fr/plaintes

If he has a question about his IT rights and freedoms, he can consult the CNIL website: www.cnil.fr.

 

  • 6. DIRECT SUPPORT HOTLINE

Direct support hotline is available during business hours from Monday to Friday. NOTILO PLUS shall use its best efforts to provide an efficient assistance to the CUSTOMER.

 

  • 7. SPECIFIC SOFTWARE DEVELOPMENT(S) AND DEMO OF THE PRODUCTS

The CUSTOMER may ask for specific software’s developments and demo of the Products. The costs related to these requirements will be subject to specific additional invoicing according to prior quotation accepted by the CUSTOMER in writing. The stipulations of the article 3 of the hereby GTS shall apply to the specific developments of the software.

 

  • 8. SETTLEMENT OF DISPUTES – JURISDICTION

The Parties shall endeavor to find an amicable settlement to any disagreements relating to the conclusion, interpretation or fulfillment of the order. Should they fail to reach an amicable settlement within thirty (30) days, the dispute will be submitted to the relevant jurisdictions of Marseille, in accordance with their rules.

 

CHAPTER B – SALE OF THE DRONE AND ACCESSORIES

  • 9. ORDERS – ORDER MODIFICATION

The order may be placed by signing a paper order. The CUSTOMER agrees to complete his registration and order form, taking care to provide the required information in a complete and accurate manner. The CUSTOMER is liable for the information entered on his registration form and when the order is booked. In the event of an error, NOTILO PLUS may not be considered liable for any failings or delays with the delivery of the Products.

The acceptance of the order implies the acceptance of the GTS and establishes the contract of sale, subject to the payment of the price or prices of the ordered Product(s) in accordance with Article 2.B.

 

  • 10. DELIVERY AND RECEPTION OF THE ORDER
    • 10.1 GENERAL INFORMATIONS

NOTILO PLUS endeavors to handle the delivery of the Drone and Accessories in all the countries, except some specific countries for which the CUSTOMER would be informed within 72 hours of the order if concerned. The CUSTOMER may contact NOTILO PLUS beforehand to verify that they are able to deliver into the concerned country. Delivery will be made to the address entered by the CUSTOMER at the time he placed his order (except specific inability for NOTILO PLUS). The delivery costs are displayed before the order is confirmed or transmitted by NOTILO PLUS at the time of the quotation and paid by the CUSTOMER at the time he pays for his order. The delivery dates will be indicated at the time the order is placed. At the time of the shipping, NOTILO PLUS will send an e-mail to the CUSTOMER containing a tracking number, enabling the CUSTOMER to track the delivery of his order. Delivery deadlines are indicative only; any delay cannot result in any reductions or cancellation of the order, the payment of damages or the CUSTOMER obtaining any compensation.

 

    • 10.2 DELIVERY DIFFICULTIES

NOTILO PLUS will inform the CUSTOMER by e-mail of any possible delivery delays as soon as possible. NOTILO PLUS may not be considered liable for any problems or delivery delays due to errors on the part of the CUSTOMER concerning the delivery address specified and may bill the CUSTOMER for any supplementary delivery costs which may consequently apply. If delivery cannot be made to the address completed by the CUSTOMER for reasons outside of NOTILO PLUS’ control, the CUSTOMER will be informed of this as soon as possible by e-mail and a subsequent delivery date will be provided to him.

 

    • 10.3 RECEPTION / ACCEPTANCE

At the time the Products are received, it is the CUSTOMER’s responsibility to check the condition of the delivered Product in the presence of the delivery company. In the event of any damage, CUSTOMER shall record his observations and comments on the delivery notes or transport slip, and possibly refuse the Product. It shall also inform NOTILO PLUS of this in writing by e-mail at the following address:  support@notiloplus.com

If the Product is not that which was ordered, or if it is damaged, the CUSTOMER must inform NOTILO PLUS by email support@notiloplus.com within 48 hours in order to obtain a replacement Product or possibly the cancellation of the sale. After this period, the Product will be deemed accepted by the CUSTOMER.

The CUSTOMER agrees to check the regulations for the country to which the Drone(s) are being delivered, which may be specific to these kinds of Products, particularly concerning their use and the obligation to have permit, license, authorization and / or specific insurance. NOTILO PLUS may under no circumstances be considered liable for any failure by the CUSTOMER to respect the applicable regulations of the country to which the Products are being delivered and used.

 

  • 11. DRONE COMPATIBILITY

The CUSTOMER acknowledges that it has received all of the information regarding the technical features of the Drone(s) for its intended use. The CUSTOMER declares to have chosen the version of the Drone(s) that fits its needs.

 

  • 12. TRANSFER OF RISK – TRANSFER OF OWNERSHIP

Transfer of risk shall take place pursuant to the Incoterm and place of delivery specified on the order, and where appropriate on the delivery date. Transfer of ownership of the purchased Products to the CUSTOMER shall take place after payment in full of the price as mentioned in the order, including transportation costs. Failure to pay any of the amounts due entitles NOTILO PLUS to implement this retention of title clause; any down payments already made will be retained by NOTILO PLUS as lump-sum compensation, without prejudice to any other legal action it may take.

 

  • 13. CUSTOMER’S RIGHTS AND OBLIGATIONS CONCERNING THE PRODUCTS

The CUSTOMER represents and warrants that it is aware, prior to any use of the Product, of the purpose, functionalities, potential and operating mode of the Product, that it will comply with the Documentation and the safety rules to use the Product, that it possesses all the legal, administrative and regulatory authorizations necessary to purchase, import, and / or use the Product.

 

CHAPTER C – PROVISIONS CONCERNING THE APPLICATION

 

  • 14. LICENSE

NOTILO PLUS grants to the CUSTOMER, and any Final User, a license to use the Application. This granted right of use is non-exclusive. The license does not transfer any intellectual property rights to the CUSTOMER. Accordingly, the CUSTOMER shall refrain from any activities or acts directly or indirectly infringing NOTILO PLUS’s intellectual property rights regarding the Application.

 

  • 15. CUSTOMER’S RIGHTS AND OBLIGATIONS REGARDING THE APPLICATION

The CUSTOMER is not authorized to make copies and / or reproductions of the Application.

The CUSTOMER shall refrain from doing or allowing the following, either directly, or indirectly:

– to copy, to decompile or disassemble, the Application, to derive, decrypt, adapt, transform, arrange or modify the source code of the Application and/or create derivative works based on the Application, conducting reverse engineering on the Application;

– to use all or part of the Application for any purpose other than to operate the Drone, to disseminate the Application in any form and for any purpose, making alterations, transcriptions, corrections, arrangements, translations or modifications to the Application, to correct any defects in the Application;

– to use the Application for unlawful or immoral ends and/or for purposes infringing the rights of third parties;

– to exceed the rights granted by NOTILO PLUS regarding the Application;

– to disclose, represent or market all or part of the Application by any means or on any medium whatsoever;

– to develop software identical or similar to the Application;

– to bypass any security feature in the Application;

– (to attempt to) correct or maintain the Application;

– to modify the Application, even in part, particularly with a view to using it on any drone other than the Drone.

The CUSTOMER shall guarantee that any Final User of the Application will comply with provisions of Chapter C and will accept the terms of the GTU.

 

  • 16. LIMITATION OF LIABILITY AND NOTILO PLUS WARRANTY REGARDING THE APPLICATION

NOTILO PLUS cannot be held liable in the event of:

  • hacking or fraudulent penetration of the Application by a third party or any other pirating technique known or as yet unknown as at the date hereof;
  • an operating error or misuse of the Application by the CUSTOMER;
  • penetration or modification of the Application’s source code by the CUSTOMER or a third party;
  • Internet failure or failure of any public or private network enabling the Application to function;
  • poor general maintenance of the Drone(s) affecting the parts necessary for use of the Application.

NOTILO PLUS is the developer and publisher of the Application and owns all associated NOTILO PLUS’ intellectual property rights (including, in particular, copyright, patent rights and database producer’s rights).

NOTILO PLUS shall therefore hold the CUSTOMER harmless from and against any action for infringement of copyright for the Application.

NOTILO PLUS assumes sole responsibility for ensuring the defense in any legal action brought against the CUSTOMER on the grounds of the infringement of copyright, patents, trademarks, designs and models.

This warranty is subject to the following express conditions:

  • that the CUSTOMER notifies NOTILO PLUS in writing, in a timely manner, of the action for infringement or the declaration preceding said action;
  • that the CUSTOMER enables NOTILO PLUS to defends its own interests and those of the CUSTOMER and, to this end, that the CUSTOMER contributes faithfully to said defense by supplying all evidence, information and assistance necessary to successfully conduct the defense.

In the event that use of the Application is prohibited by a final court ruling following an action for infringement, or in the event NOTILO PLUS enters into a settlement deal with the claimant in the action for infringement, NOTILO PLUS shall, at its own discretion and expense:

  • obtain the right for the CUSTOMER to continue using the Application without any adverse effect on its functionalities;
  • replace the infringing part of the Application by an equivalent part not subject to any action for infringement, without any adverse effect on its functionalities;
  • modify the infringing part of the Application to avoid infringement, without any adverse effect on its functionalities.

This warranty excludes any other damages that the CUSTOMER may claim, including for damage to its image or reputation, loss of revenue, etc.

 

  • 17. LICENSE TERM

The Application license is granted for the lifetime of the Drone.

 

Appendix 1 – GTU of the Application

General Terms of Use

Please read these General Terms of Use carefully before using the Application and / or Platform and the drone (hereinafter referred to as the “Drone”).

 

  • 1. General

The application iBubble or, as the case may be, Seasam Control (hereinafter referred to as the “Application”), and the platform NOTILO CLOUD (hereinafter referred to as the “Platform”) are published by the company Notilo Plus, a simplified joint-stock company with a capital of 29,289 euros, whose registered office is located at Le castel, Héritage, 61 boulevard des Dames, 13002 Marseille, France, registered with the Marseille Trade and Companies Registry under number 818 400 145.

Notilo Plus developed the Application and the Platform, and related technologies, features and services available on mobile phones, tablets and computers by downloading the Application from iOS and Android platforms, or directly through Notilo Plus’s servers. Please note that the Application and the Platform are not compatible with all devices. We invite you to confirm with Notilo Plus the compatibility of your device with the Application and the Platform.

In these General Terms of Use (hereinafter referred to as the “Terms”), “you” and “User(s)” mean any individual, natural or legal person who uses the Application and / or the Platform and / or the services offered by Application and/or the Platform and / or who has access to the Application and / or the Platform.

The User acknowledges and warrants that he:

  • has read these Terms of Application and accepts them without reservation;
  • is of legal age and capable, within the meaning of the law;
  • acts where applicable for a legally constituted legal person and that he is authorized to act on his behalf;
  • has the rights and the necessary authorizations if need be in the country of use to be able to access the functionalities of the Application and / or of the Platform.

If you do not agree to these Terms, you must exit the Application and / or the Platform you are using, cease all use and, if necessary, uninstall it.

If you have any questions about these Terms, please contact us at contact@notiloplus.com.

The original version of this document is in French (France). In the event of a discrepancy between a translated version and the French version, the latter shall prevail.

  • 2. Modification of the Terms 

Notilo Plus reserves the right to modify at any time all or part of these Terms. Any update of the Terms will be notified to Users when connecting to the Application and / or the Platform. The use of the Application and/or the Platform implies the User’s acceptation of the Terms thus updated.

  • 3. Creating an User Account and Access to Services

To create your User account, you must enter your email address and a password. The serial number of your Drone and your first and last name(s) will also be required.

Access to the Application and / or the Platform and certain services is subject to this account creation. The User account is required to:

  • access the piloting service of your Drone;
  • access the programming service of your Drone;
  • save your pilot data from your iDrone online;
  • access the service to add other Drones to your account; and
  • access the diagnostic service of your Drone.

The User account through the Platform is necessary to access to (i) a stockage space available in SaaS mode and to (ii) the dashboards which assemble under a readable format the data collected through the Drone.

You agree to communicate to Notilo Plus true and sincere information about your identity and not to impersonate a third party.

In order to prevent a third party from accessing your User account, we kindly ask you to complete a set of actions. You must: verify that your password is strong enough and that it includes a sufficient number of characters, varied upper- and lower-case and the presence of different alphanumeric characters, and disconnect your login session when you exit the Application and / or the Platform. Exiting the Application and / or Platform without logging out is considered an implicit third-party login authorization.

You are solely responsible for accessing your User account. Notilo Plus reminds you that access to your User account may allow access to personal data. Any connection by a third party to your User account that you authorize is at your sole discretion and under your sole responsibility.

  • 4. Object

These Terms apply to any download, installation and/or use of the Application and of one or more features of the Application, and to any use of the Platform.

  • 5. Features of the Application and Platform

The Application allows you to, notably:

  • pilot your Drone via a smart phone, tablet or computer on which the Application has been previously downloaded and installed;
  • take photos and videos with your Drone and collect data;
  • program your Drone;
  • save your pilot data from your Drone online;
  • diagnose your Drone.

The Platform allows to stock all the data from your Drone, whether it is video or photo taken via the Drone, or steering data, to access to such data in dashboards in order to ease the reading and the decision-making regarding the management of your Drone and ship fleet.

  • 6. Prerequisites for use, Application or Platform update 

To use the Application, you must download it to your smart phone, tablet or computer. Downloading the Application requires you to have a connection to the Internet which is installed and used at your expense.

As the case may be, the download is made in accordance with the contractual terms of the download platform compatible with your smart phone or tablet.

To use and access the Platform you shall previously enter into a SaaS subscription agreement to the Platform. Your profile is created by Notilo Plus and the access is allowed through a web connection.

The update of the Application and / or the Platform will be carried out in accordance with the update policy of Notilo Plus as well as, as the case may be, with the update policy of the Application download platform compatible with your smart phone or your tablet. Such update may be available in some cases through an upload link made available by Notilo Plus.

Notilo Plus reserves the right:

  • to make modifications and/or updates of the contents or the presentations of the Application, at any time and without notice; and
  • to remove or restrict access to the Application for any reason, at its sole discretion.

Corrective and evolutive maintenance of the Platform are made in accordance with the terms and conditions from the SaaS subscription agreement to the Platform. Cancellation or limitation of access to the Platform may be decided by Notilo Plus in case of breach by the User of the hereby terms and conditions and / or of those of the SaaS subscription agreement.

  • 7. Use of the Application or of the Platform
    • 7.1 User Licence

Notilo Plus grants the User a simple right to use the Application and / or the Platform, including updates and evolutions.

The license on the Application and / or the Platform is granted to the User for the following uses: (i) if you are an individual, for your personal, non-professional and non-commercial use, or (ii) if you are a professional, solely for the purposes of your professional activities.

The license granted by Notilo Plus to the User is revocable, non-exclusive, non-transferable.

The license granted on the Application is limited to the duration of use of the Drone, and worldwide. The license granted on the Platform is limited to the duration provided for in the SaaS subscription agreement.

Consequently, you acknowledge that the Application, the Platform, their updates and evolutions, are not sold to you and that you do not have any right of ownership. The Application and the Platform consist of a set of texts, interfaces, photographs, graphics, images, navigation means, logotypes, drawings and models, computer codes, musical works, software, fonts or any other intellectual property rights that Notilo Plus owns or that has been licensed to Notilo Plus to incorporate into the Application and / or the Platform directly and/or indirectly.

Any use of the Application and/or the Platform, and/or installation of the Application and/or the SaaS access to the Platform must be performed in accordance with these Terms. The User declares and acknowledges that he has obtained from Notilo Plus all the necessary information regarding the features offered by the Application and/or the Platform. The data presented by the Application, the Platform and/or their features may contain errors as they depend intrinsically of the use of the Drone. Consequently, the data presented within the Application and/or the Platform cannot constitute the specific basis of a complaint or a legal action by the User against Notilo Plus.

By using the Application, the Platform, and/or their features, the User is prohibited from:

  • using the Application and/or the Platform in any way contrary to applicable laws and regulations and violating the rights of third parties, including intellectual property rights and the right to privacy;
  • performing any action that may create any prejudice to Notilo Plus and/or other Users of the Application and / or the Platform;
  • fraudulently introducing any data within the Application, the Platform or through the Application and/or the Platform;
  • harming, interfering with, falsifying or using the Application and / or the Platform in any way whatsoever to harm the rights of third parties or Notilo Plus;
  • probing, scanning, technically analysing the Application and / or the Platform;
  • performing any reverse engineering, extraction, decompilation of code, improvement, modification, marketing, rental, translation of the Application and / or the Platform;
  • testing the vulnerability, performance, features of the Application and / or the Platform for any reason other than those necessary to use the Application and /or the Platform.

The User is entirely responsible for the use he makes of the Application and /or the Platform and the associated services available through any of them. He undertakes to use the Application and / or the Platform fairly, in compliance with these Terms, applicable laws and regulations, including laws relating to intellectual and industrial property. Notilo Plus reserves the right to suspend the use of the Application and / or the Platform for any User who does not respect these Terms and to communicate all the necessary information to the relevant services responsible for the repression of the infringements. The User also undertakes not to access the Application and / or the Platform by any means other than (i) downloading the Application from the legal platforms, and / or (ii) having access to the Platform through the SaaS mode made available to it.

    • 7.2 General Rules of Service

When using the Application to pilot your Drone, and/or when you use the Platform, you agree to the following rules:

  • to read the user guide supplied with the Drone carefully and follow all the instructions and recommendations mentioned in it;
  • to make sure that the use of the Drone is authorised in the place where you are and that you are fit and able to use it yourself;
  • not to use the Application and / or the Platform for illegal or unauthorized purposes. As an international User, to comply with all local laws regarding drone piloting and the publication of their Content (as that term is defined in Article 9.3 below) online;
  • not to publish Content (as defined in Article 9.3 below) that incites hatred or violence, which is threatening, pornographic, or contains nudity or gratuitous violence;
  • not to use the Application and / or the Platform and/or your Drone for any purpose that is unlawful, illegal, malicious or discriminatory;
  • to comply with local legislation regarding the use of drones.
    • 7.3 User Information

The User is informed that the use of the Drone in bad weather conditions or in conditions of insufficient visibility can present risks, in particular in terms of safety.

Notilo Plus can use geolocation technologies to customize the use of its services. The collected data may include GPS coordinates, the IP address of the terminal used, or information regarding the location of the Drone and the User when using the Application and / or the Platform. These data are stored temporarily and are erased regularly, in compliance with local regulation. The geolocation data are anonymous and do not allow the identification of the User. If he does not wish to benefit from the Application’s and / or the Platform’s services based on geolocation, the User may, if the Application and / or the Platform allows it, deactivate this feature by refusing the geolocation at the time of opening the Application or selecting the appropriate settings from your smart phone or tablet or on the Platform.

  • 8. Terms of access

Access to the Application and / or the Platform requires access to the Internet or a mobile network. All costs related to access, whether material costs, software or access to the Internet are exclusively the responsibility of the User. He is solely responsible for the proper functioning of his equipment as well as his access to the Internet. The service is available 24 hours a day, 7 days a week. However, Notilo Plus reserves the right, without notice or compensation, to temporarily or permanently close all or part of the Application and / or the Platform or access to one or more services, in particular to perform updates, maintenance operations, to make modifications or changes to operational methods, servers and hours of accessibility, without this list being exhaustive. Regarding the Platform the terms of those operations are described within the SaaS subscription agreement.

Notilo Plus is not liable for damages of any kind that may result from these changes and/or temporary unavailability or the definitive closure of all or part of the Application and / or the Platform or one or more of their services. Notilo Plus reserves the right to supplement or modify, at any time, the Application and / or the Platform according to the changes in technology. In case of interruption or inability to use the Application and / or the Platform, the User may contact the Notilo Plus customer service for information: contact@notiloplus.com.

  • 9. Intellectual property
    • 9.1 Notilo Plus elements

These Terms do not imply any assignment of any kind of intellectual property rights to the items owned by Notilo Plus. The Application, the Platform, trademarks (including “iBubble” and “Seasam”), drawings, models, images, texts, photos, logos, graphics, software and programs, databases, sounds, videos, the domain names, design or any other component of the Application, the Platform as well as the iBubble and Seasam Drones linked to them, with the exception of the elements of third parties defined below, are the exclusive property of Notilo Plus and are protected by any right of intellectual or industrial property recognized by the laws in force. Any reproduction and/or representation, total or partial of one of these rights, without the express authorisation of Notilo Plus is prohibited and would constitute an infringement. Consequently, the User prohibits any act and any act likely to infringe directly or indirectly the intellectual property rights of Notilo Plus.

 

    • 9.2 Third-party elements/features

Certain elements and/or features of third parties may be integrated into the Application and / or the Platform in order to offer additional services or features. These elements and/or features of third parties are the exclusive property of their author and can be protected as such by copyright, trademark law or any other right recognized by the laws in force. The User agrees not to infringe, directly or indirectly, the property rights of third parties, whose contents are present on the Application and / or the Platform and refrain from exploiting these elements in any way whatsoever. The User agrees to respect the full rights of third parties integrated into the Application and / or the Platform.

 

    • 9.3 User elements

Notilo Plus does not claim any intellectual property rights to the photos, videos or any other content that you register using the Application and / or the Platform (hereinafter referred to as the “Content”). This Content is and remains the property of the User. The User is solely responsible for his Content and its dissemination and/or use, particularly via the Internet and/or social networks.

In this regard, you represent and warrant that:

  • you are the legitimate owner of all the intellectual property rights of the Content published/posted by you and/or have all the necessary authorisations to grant the rights provided for in this article and that the use of the Contents does not violate any law;
  • have obtained the consent of any person whose image is reproduced and / or disseminated within the Content; and
  • the display, use and sharing of your Content does not infringe the copyrights, intellectual property rights or other proprietary rights or the advertising or privacy of third parties.

You agree to indemnify and hold Notilo Plus harmless against all claims or enforcement of any kind whatsoever relating to the Content, emanating from any third party invoking the violation of any right whatsoever, and in particular against any action of invasion of privacy, counterfeiting and/or unfair and/or parasitic competition brought by any third party during the execution or use of your Content. In the event of a legal action taken by a third party against Notilo Plus in connection with your Content, you acknowledge and agree to be held solely liable for any adverse consequences that may result from such action and indemnify Notilo Plus for all damages and/or expenses incurred in the course of this action.

 

  • 10. Links to the Internet and/or social networks

The Application, the Platform and/or certain features may allow the User to connect directly to the Internet and to social networks. The User is formally informed that the social networks and sites which he may access through the Application and / or the Platform do not necessarily belong to Notilo Plus. Notilo Plus declines any responsibility as for the content of the information provided on these sites and/or social networks under the activation of the hyperlink and/or the interconnection made from the Application and / or the Platform and as for the privacy policy of these sites. The User cannot invoke the liability of Notilo Plus in case of loss or damage of any kind because of the activation of these hypertext links.

 

  • 11. No Warranty

Except otherwise provided for in the SaaS subscription agreement to the Platform:

  • The Application and / or the Platform is provided as is, without any warranty.
  • NOTILO PLUS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-SUBSTITUTION OF COUNTERFEITING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NOTILO PLUS OR THROUGH OR THROUGH THE APPLICATION AND / OR THE PLATFORM WILL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS. NOTILO PLUS AND ITS LICENSORS DO NOT WARRANT THAT (I) THE CONTENT OF THE APPLICATION AND /OR THE PLATFORM IS ACCURATE, RELIABLE, AND CORRECT, (II) THE APPLICATION AND/ OR THE PLATFORM WILL MEET YOUR REQUIREMENTS, (III) THE APPLICATION AND/OR THE PLATFORM WILL WORK IN ANY CIRCUMSTANCES, AT ALL TIMES, WITHOUT INTERRUPTION AND IN A SAFE MANNER, (IV) ANY ERRORS OR DEFECTS WILL BE RECTIFIED OR (V) THE APPLICATION AND/OR THE PLATFORM CONTAINS NO VIRUSES OR HARMFUL COMPONENTS.
  • NOTILO PLUS DISCLAIMS ALL WARRANTIES AND SHALL HAVE NO LIABILITY FOR ANY USE OF ANY PRODUCTS OR SERVICES SOLD OR OFFERED BY A THIRD PERSON BY THE APPLICATION AND/OR THE PLATFORM OR ANY OTHER WEBSITE OR SERVICE. NOTILO PLUS WILL NOT TAKE PART IN OR ENSURE SUPERVISION OF ANY TRANSACTION BETWEEN YOU AND A THIRD PERSON PROVIDING PRODUCTS OR SERVICES.

 

  • 12.Limitation and exclusion of liability

Except otherwise provided for in the SaaS subscription agreement to the Platform:

  • UNDER NO CIRCUMSTANCES SHALL NOTILO PLUS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOST PROFITS, CUSTOMERS, POSSIBILITIES OF USE, DATA OR ANY OTHER LOSS RESULTING FROM THE USE OR INABILITY TO USE THE APPLICATION AND/OR THE PLATFORM.
  • UNDER NO CIRCUMSTANCES SHALL NOTILO PLUS BE LIABLE FOR ANY INJURIES, LOSSES, OR DAMAGE RESULTING FROM ANY COMPUTER PIRACY, FALSIFICATION, OR OTHER ACCESS OR UNAUTHORISED USE OF THE APPLICATION AND/OR THE PLATFORM OR YOUR ACCOUNT OR INFORMATION CONTAINED IN THIS ACCOUNT.
  • NOTILO PLUS SHALL NOT BE HELD LIABLE FOR ANY (I) ERRORS OR INACCURACIES IN THE CONTENT, (II) PERSONAL INJURY OR PROPERTY BREACH OF ANY KIND RESULTING FROM YOUR ACCESS AND USE OF THE APPLICATION AND/OR THE PLATFORM, (III) UNAUTHORIZED INTRUSION OR USE OF THE SECURE SERVERS OF NOTILO PLUS AND/OR ANY OTHER INFORMATION CONTAINED IN THESE SERVERS, (IV) OF ANY INTERRUPTION OR TERMINATION OF CONNECTION TO OR FROM THE APPLICATION AND/OR THE PLATFORM, (VI) ANY BUGS, VIRUSES, TROJANS OR ANY OTHER COMPUTER PROBLEMS OF THE SAME TYPE TRANSMITTED TO OR FROM OUR SERVICES BY A THIRD PERSON, (VI) ANY ERRORS OR OMISSIONS IN THE CONTENTS OR ANY LOSS OR DAMAGE CAUSED FOLLOWING THE USE OF ANY CONTENT POSTED, SENT, TRANSMITTED OR MADE AVAILABLE THROUGH THE APPLICATION AND/OR THE PLATFORM, AND/OR (VII) USE BY A THIRD PERSON OF CONTENT, APPLICATION DEVELOPERS OR DEFAMATION, OFFENSIVE REMARKS OR ILLEGAL BEHAVIOUR.
  • YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES CAUSED BY YOUR COMPUTER SYSTEM OR OTHER PERIPHERALS OR FOR THE LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR USE OF THE APPLICATION AND/OR THE PLATFORM.

 

  • 13. Personal Data

Notilo Plus attaches great importance to the protection of the personal data of the Users of the Application/the Platform. The collection and processing of personal data via the Application and/or the Platform is carried out in compliance with the legislation on the protection of personal data and in particular the General Data Protection Regulation n°. 2016/679 (“GDPR”). Notilo Plus is committed to respecting your privacy, storing collected data securely, and letting you use and share your data as you wish.

The purpose of this article is to inform you in a transparent manner about the personal data we collect, their use and sharing, and your rights in this regard. It applies to all Users of the Application/the Platform. We advise you to read it carefully.

By creating you User account, you have been invited to tick a box indicating that you consent to the collection and the processing of your personal data by NOTILO PLUS to allow you to use the Application and /or the Platform. By using the Application and/or the Platform, you agree that NOTILO PLUS can collect, process and use the personal data referred to below.

 

    • 13.1 Responsible for the processing of your personal data

The person responsible for the processing of your personal data communicated as part of the Application and/or the Platform is Notilo Plus, a simplified joint-stock company, with a capital of 29,289 euros, whose registered office is located at Le castel, Héritage, 61 boulevard des Dames, 13002 Marseille, France, registered with the Marseille Trade and Companies Registry under number 818 400 145.

 

    • 13.2 Personal data collected

As part of your use of the Application and/or the Platform, Notilo Plus collects several categories of data, details of which you will find below. These data come from:

  • information you give us: when you create your account, update your account, or when you interact with our team. This personal information is data that provides:
    • the serial number of your iBubble or Seasam Drone;
    • your first and last name;
    • your email address;
    • your country;
  • information resulting from your use of the Application and/or the Platform, for example:
    • the IP address of your device when connecting the Drone to the Application and/or the Platform;
    • your data usage of the Drone.

If necessary, Notilo Plus will also be able to collect and process your GPS data in the event of a problem with the Application and/or the Platform or in the event of a collision or loss of the Drone, as well as the location data of your mobile terminal.

Notilo Plus does not deal with particular categories of data (so-called sensitive data) such as data that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, health data or data about the sexual life or sexual orientation of individuals.

 

    • 13.3 Non-personal data

Notilo Plus also collects data which does not allow for a direct identification of a particular person; these data are therefore considered by applicable law as non-personal. Applicable law permits the collection, use, transfer and disclosure of non-personal data for any purpose. These data help Notilo Plus to use its products and services. However, if Notilo Plus associates non-personal data with personal data, the data thus combined would be treated as personal data as long as they remain associated and therefore subject to the conditions mentioned in this article.

 

    • 13.4 Data collected from third parties

Notilo Plus may collect information provided by third parties about you when using the Application and/or the Platform, and combine them with those that Notilo Plus collects directly. Thus, if you link, associate or connect your User account to a service provided by a third party (e.g. Facebook or Google), the service provided by this third party may send us information, such as information about your registration and your profile with the service in question. This information may vary from a service provided by a third party to another and are controlled by the latter. We invite you to check the authorisations that you have transmitted to this third party via the confidentiality parameters relating to them to find out the data that are being transmitted to Notilo Plus.

 

    • 13.5 Purpose of processing

We collect your personal data for the purposes of:

  • improving our existing products and services, including:
    • processing your personal data as part of our client programs, to carry out marketing operations, promote brands and have a better understanding of your needs and wishes;
    • adapting our products and services to best meet your expectations;
    • customising merchandising and relationship messaging sent to you;
    • informing you of special offers and any new service created by Notilo Plus.
  • improving the Application and/or the Platform and enabling the development of new products and applications, specifically, Notilo Plus uses your personal data to improve its understanding of how you use the Application and/or the Platform, your preferences and behaviour and thus make regular corrections to the Application and/or the Platform.
  • providing information on the use of our products and services, including, if you create an User account, tracking your piloting activities and characteristics. The data may include data that you fill in but also data that is automatically collected by your Drone, such as location data.
  • improving our services, including:
    • studies and analyses of questionnaires and customer comments;
    • claims management.
  • making safer and improving your use of the Application and/or the Platform, specifically:
    • improving navigation;
    • implementing security and preventing fraud.
  • protecting our rights, property and security, and those of others. Notilo Plus may collect and process your personal data for its legitimate interests, including preventing or detecting fraud, abuse, unlawful use, and violations of these Terms, or to comply with court orders and governmental and legal requests.

 

    • 13.6 Recipients and categories of recipients

Notilo Plus is the recipient of personal data collected through the Application and/or the Platform.

Where necessary for external processing purposes, and only in this case, we will transmit such data to our trusted service providers who process them on our behalf, as instructed or in accordance with a contractual agreement, in accordance with this Article and in accordance with any other appropriate security and confidentiality measure. We may send them your personal data only for the purposes set out below.

Where necessary to satisfy legal, regulatory and judicial requirements. We retain or disclose your information if we believe that it is reasonably necessary to satisfy any legal or regulatory requirement, legal process or administrative request, to protect the security of any person, to deal with any fraudulent, security or technical problem, or to protect the rights or property of our users.

Important: Notilo Plus does not resell your personal data to third parties and does not disclose personal and private information outside the situations described in this article.

 

    • 13.7 Duration of the data retention of your personal data

Notilo Plus keeps your personal data only during the period necessary for the purposes set out in this article or in accordance with the applicable law.

 

    • 13.8 Data security

Notilo Plus takes the appropriate technical and organisational measures, in accordance with the applicable legal provisions, to protect your personal data against unlawful or accidental destruction, accidental loss or alteration, or unauthorized disclosure or access. To this end, we have put in place technical measures (such as firewalls, data encryption) and organisational measures (such as an ID/password system, physical protection means, etc. …).

 

    • 13.9 Transfer of data to a third country

All our servers on which your data is stored and those of the providers used to exchange and store these data are located in Europe.

 

    • 13.10 Your rights

In accordance with the provisions of the French Data Protection and Freedom of Information Law of January 6, 1978, modified and the GDPR, you have a right of access, rectification, deletion, limitation, opposition and a right to the portability of personal data concerning you.

 

      • 13.10.1 Right of access

You have a right of access to data concerning you processed by Notilo Plus. It allows you to read the data we have about you and, if you wish, to request a copy.

 

      • 13.10.2 Right to rectification

According to the regulations applicable to the protection of personal data, you can request us to correct personal data about you that are inaccurate. You may also request that the incomplete personal data concerning you be completed, including by providing, in support, a supplementary declaration.

In order to allow you to exercise this right as easily as possible, we invite you to proceed directly with these modifications and additions to your account. If you believe that other data about you needs to be changed or supplemented and that you are unable to make this change on your own, please contact us at contact@notiloplus.com.

 

      • 13.10.3 Right to be forgotten and erased

You have the right to obtain from us the erasure, as soon as possible, of your personal data subject to our legitimate interest or any legal obligation requiring us to keep it.

For security reasons and to avoid an unwanted deletion of the account, we invite you to do this by contacting us at the following address: contact@notiloplus.com.

With respect to your account data, we draw your attention to the fact that search engines and other third parties may still retain copies of your public profile information for a certain period of time when you have accepted the referencing, even after have disabled your account. If you wish, you can exercise your right to be de-listed directly from these search engines.

 

      • 13.10.4 Right to limitation of processing

You may request from Notilo Plus the limitation on the processing of your data, when one of the following applies:

  • you dispute the accuracy of your personal data. In this case, we will hide your data for a period of time allowing us to verify its accuracy;
  • you believe that the processing of your data is unlawfully implemented and you oppose their erasure and instead require the limitation of their use;
  • we no longer need the personal data about you for processing purposes but these are still necessary to enable you to have a formal record of something, or exercise or defend a right in court;
  • you exercised your right to object under Article 21 (1) of the GDPR.

We will limit the processing of your data during the audit as to whether the legitimate grounds we are pursuing prevail over your right.

If we decide to lift the limitation of the processing of your personal data, we will keep you informed.

 

      • 13.10.5 Right to object

You may object to sending communications, especially commercial communication, by Notilo Plus. To this end, we provide you with an unsubscribe link in all e-mails that we send you.

You may also object, for legitimate reasons, to the processing of your data, unless it meets a legal obligation imposed on Notilo Plus.

 

      • 13.10.6 Right to portability

You can always request the portability of your Notilo Plus data. By exercising this right, we undertake to send you, within a reasonable period of time and in a machine-readable format, the data that you have provided to us whether it has been declared by you or generated by your activity on the platform.

 

      • 13.10.7 Right to withdraw consent

You have the right to refuse at any time the processing of your personal data for personal reasons. As well, you have the right to refuse the processing of your personal data for direct marketing purposes.

 

      • 13.10.8 Right to lodge a complaint with a supervisory authority

The supervisory authority responsible for any request concerning us, including, where appropriate, the complaint of a user, is the National Commission of Computing and Liberties (CNIL).

If you wish to file any complaint with the CNIL, you will find their contact information below:

CNIL (COMMISSION NATIONALE DE L’INFORMATIQUE ET DES LIBERTÉS)

3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07

Tel.: 01 53 73 22 22

(from Monday to Thursday from 9am to 6.30pm/ Friday from 9am to 6.00pm)

Fax: 01 53 73 22 00

Important! The CNIL does not receive the public and does not provide any information at their offices.

If you wish to file a complaint with the CNIL, you can fill in the online complaint form available at the following address: https://www.cnil.fr/fr/plaintes

If you have a question about your IT rights and freedoms, you can consult the CNIL website: www.cnil.fr.

 

  • 14. Applicable law

These Terms are subject to French law. Any dispute, if not resolved amicably, will be submitted to the relevant courts. All disputes relating to the interpretation and execution of these Terms will be the exclusive jurisdiction of the courts of Marseille even in case of appeal or a plurality of defendants.

The cancellation of any articles of these Terms will not affect these Terms in their entirety.

  • 15. Contact us

If you have any questions about these Terms, please contact us at contact@notiloplus.com.

 

Appendix 2 – Third parties’ Accessories warranty conditions

Item

Warranty conditions
Rugged control unit GETAC F110 Equipment warranty = 36 months / Battery and accessories warranty = 12 months
Detachable keyboard for Rugged Control Unit Equipment warranty = 36 months / Battery and accessories warranty = 12 months
Bracket and pilot harness Equipment warranty = 36 months / Battery and accessories warranty = 12 months
Standard Control Unit (11″ Samsung Tab Active tablet, Android OS, IP68) Two-year manufacturer warranty
Protective case and pilot harness Warranty on reception if faulty product
Transportation Hard Case 8-day warranty from the delivery date if faulty product
Transportation Hard Case for Accessories 8-day warranty from the delivery date if faulty product
ROV controller with charger (Nintendo Switch) Warranty on reception if faulty product
Standard ROV controller with charger Warranty on reception if faulty product
Orion II 10000 Lm light (2 units) One-year warranty.
SEASAM carbon arm Support Warranty on reception if faulty product
M, L or XL size battery One-year warranty from the dispatched date
100/300m data cable on Wi-Fi reel One-year warranty from the billing date
Transportation Soft Case 8-day warranty from the delivery date if faulty product
Xylem Exo2s Probe Two-year warranty