Terms & Conditions - Privacy Policy

Terms of use & Privacy policy


I GENERAL CONDITIONS OF USE OF THE SERVICE

Last updated on March 11, 2019

These Terms of Use of the Service (hereinafter referred to as "GCOS") define, as of their acceptance by the User, the conditions of access and use of the Service, the rights and obligations of the User relating to the JAMSET Service, such as these terms are defined below.

JAMSET is an instrument-sharing service offered by JAMSET, a simplified joint-stock company registered with the RCS of NANTERRE under the number 842 433 013 whose head office is located at 86 rue Gallieni, 92100 Boulogne-Billancourt.

This instrument-sharing service is intended to offer users of the mobile application (available on Google Play and Apple Appstore), choose, activate and use one of the musical instruments associated with the musical studio Jamset. The access to the space where the musical studio Jamset is located is dependent on the will of the manager of this space.

Any access and any use of the JAMSET Service imply the respect of the T&C by the User.

These Terms are intended for users of the JAMSET Service in France. Users wishing to access the Service in another country are invited to consult the T&C of the country concerned on the Website www.jamset.net.

Users in France wishing to access the Service in a foreign city as part of a trip will be invited to accept the TOS applicable in the country concerned. The User account is valid for any use of the service for studios located abroad.

ARTICLE 1 - DEFINITIONS

"Studio"

means the JAMSET instrument-sharing studios.

"Locations"

means the spaces where the Jamset instrument-sharing studios are located.

"Instrument"

means one of the musical instruments arranged on a JAMSET studio.

"Controller"

means one of the digital sound control tablets on a JAMSET studio.

"Box"

refers to the closed studios within which the sound is amplified.

"Pod"

refers to open studios for which the sound can be either under headphones or amplified (activation of this mode is at the discretion of the manager of the space where the Pod is located).

"Instrument Accessories"

means drum sticks, guitar picks.

"Application"

means the mobile application of Jamset which allows the User to register and activate an instrument.

"User Account"

means all the resources assigned to a user. It can only be exploited by registering, from the application, its user ID (e-mail address) and password.

"Status"

refers to the state of the user account, where the status of the user is "active" and the user can activate an instrument, or it is "inactive" and the user can not activate the instrument. When the account is registered by the user, a hypertext link for activation of the account is sent to him by e-mail. The user then has 30 (thirty) calendar days to activate his account via this link, beyond this period Jamset SAS reserves the right to delete the account.

"General Conditions of Use of the Service" or "T&C"

means this document whose terms must have been accepted by the User in order to use the Service, not only at the time of registration but also at each use.

"Preferences"

means the online management space accessible by the User via a "Preferences" section, accessible from the Application after authentication and choice of the instrument from which the User has the particular ability to manage his personal information , as his password authentication, the name he wants to display and the possible image of his profile, any information deemed contrary to morality and public order is likely to be erased by JAMSET.

"Identifiers"

means the User's email address and the password he / she has chosen to login and log in to the Application and use the Service.

"Registration"

means the process of registration of the future User in the Jamset Service, according to the terms and conditions mentioned in article 5.1 of these Terms.

"Service"

means the self-service musical instrument usage service provided by JAMSET in spaces for which access authorization is at the discretion of the manager of the premises, business or hotels.

"Customer Service"

means the JAMSET information and assistance center made available to Users to answer their questions and complaints via various channels defined in article 6.1.

"Website"

means the JAMSET website available atwww.jamset.net.

"User"

means any natural person, fulfilling all the conditions set out in article 4 herein having created a JAMSET account allowing him to use and benefit from the JAMSET Service under the conditions of these TOS.

ARTICLE 2 - PURPOSE

The purpose of these Terms is to define the terms and conditions of access and use of the Service. Any access and any use of the Service are subordinated to the respect of the T&C by the User.

ARTICLE 3 - SERVICE

FEES The JAMSET Registration is free.

Any significant change in these pricing conditions will be notified to the User by email and / or by means of a push notification on his smartphone.

ARTICLE 4 - REGISTRATION CONDITIONS

Access to the Registration is reserved for individuals with a smartphone running an Android or iOS version compatible with the Application.

ARTICLE 5 - REGISTRATION PROCEDURES

5.1 General Provisions

Registration 'performs in full autonomy, through the Website www.jamset.net, and the download of the application.

Registration is done by filling in its identifiers (email and password) from the application. The User must ensure the consistency and accuracy of the information provided.

The user is invited to consult and accept these Terms and Conditions and the Privacy Policy.

Based on this information, JAMSET sends an e-mail to people who have started this Registration process. This e-mail contains a link to continue and finalize the Registration process and activate the user account. To activate his account, the user has a period of 30 (thirty) calendar days from its transmission to click on the link.


5.2 Unsubscription

The User has the option to unsubscribe at any time online by making a request to Customer Service by email at help@jamset.net.

5.3 Right of withdrawal

By accepting these Terms, the User agrees that the contract between him and JAMSET consisting in the provision of musical instrument for free access by JAMSET is executed as soon as the instrument is activated. expressly waives his right of withdrawal, in accordance with the provisions of Articles L.221-25 and L.221-28 of the Consumer Code.

ARTICLE 6 - TERMS OF USE OF THE JAMSET SERVICEJAMSET

The Service is accessible via the Application only to Users who have a smartphone running a compatible Android or iOS version and having installed the latest version of the Application. It is the User's responsibility to take all necessary measures to ensure access to the Application via his smartphone.

The update of the Application on his smartphone is the responsibility of the User.

6.1 General provisions

Within the framework of the Service, the User can:

On the Application:

  • Visualize the studios nearby (about ten meters).
  • Visualize the instruments available at the activation of the chosen studio.
  • Activate an Instrument.

On the Application (from its Personal Space):

  • Change instrument.
  • Invite another user who has recently activated an instrument from the chosen studio.
  • See the FAQs
  • Search the help file.
  • Chat with JAMSET teams for urgent help or any other request
  • Send a message to JAMSET Teams
  • Refer to the User's Guide and Frequently Asked Questions (FAQ) section.
  • Contact Customer Service.
  • Consult the T&C.
  • See the JAMSET Privacy Policy.
  • Update his preferences.

By telephone:

  • Contact the Customer Service, especially in the event of a disaster or malfunction of the Service, to report an incident, at01 75 95 17 20, 24 hours a day, 7 days a week.

By e-mail:

  • Contact the Customer Service athelp@jamset.net to ask a question related to his Registration, his account, to report a technical problem encountered on a studio or the Application, or more generally to make a comment .

6.2 Activation of the instrument

In the vicinity of a Jamset studio, the user can choose and activate an instrument by choosing one of the instruments available from the studio.

The instrument turns on and can be used.

ARTICLE 7 - OBLIGATIONS OF THE USER

7.1 Use

Any use of the Application with the User's Identifiers is deemed to have been made by the User himself.

Only the User who has regularly authenticated from the application is allowed to use the instrument he has activated. It can not under any circumstances divert this activation for any sublet for free or expensive.

Each User is responsible for the creation, storage and use of his / her Identifiers, which are strictly personal and can not be shared with third parties. He is solely responsible for their privacy and security.

In case of loss or theft of his password, it is the responsibility of the User to modify it immediately, so that his account remains both secure and functional.

The User remains exclusively and entirely responsible for any use of the Service, including by a third party, through the Application installed on his or her smartphone (s).

The User undertakes to inform JAMSET as soon as possible and to send him, if applicable, the receipt of his complaint in case of loss and / or theft of the smartphone (s) on which he has downloaded the file. 'Application, in case of use by a third party of his Identifiers or in case of loss of their confidentiality for any reason whatsoever. As such, he undertakes in particular to immediately inform JAMSET in case of receipt of an e-mail dealing with a use of a JAMSET instrument since he would not himself proceed to the activation. of an instrument. To do this, the User may contact the Customer Service by any means (by email: help@jamset.net, by phone at 01 75 95 17 20, 24/7, or directly on their personal space).

The User must use the instruments under the normal conditions of use and respectful of the physical integrity of the equipment (instruments, accessories, and studio), in accordance with these TOS. In addition, the User may not divert the use of the instruments for any illicit purpose.

In addition, the User must take care of the instrument, ensure that it is safe because for electrical equipment, ensure that the instruments, equipment and accessories are not exposed to a source heat and / or any splash and / or liquid jet. The audio and power supply connections as well as the security cabling can not be disconnected, severed, subjected to violent or excessive pulling.

IN THE EVENT OF NON-COMPLIANCE WITH ITS OBLIGATIONS AND PROHIBITIONS, JAMSET WILL BE ENTITLED TO FORMATE ANY COMPLAINTS AND TO DILIGENT ALL RESPONSIBILITY IN RESPECT OF OFFENDERS BEFORE THE COMPETENT AUTHORITIES.

The User is obliged to check, when accessing the instrument, the presence of any accessories required for its use, he must inform the Customer Service using the number 01 75 95 17 20 or via his personal space to gain access to missing accessories or maintenance intervention for normal reconditioning.

The user must comply with the obligations and prohibitions provided for by the regulations and practices governing the spaces where the studios are located, any infraction exposing them to the penalties and any possible prosecution provided for by these regulations by the management of these spaces.

7.2 Damages

The User is solely and solely responsible for the damage to persons, materials (including instruments, accessories, furniture) and spaces accommodating the studio, caused by the use made of the instrument during any the duration of use.

The User is obliged to return the instrument in the same state as it was before it was activated. In the event of non-compliance with this obligation, the User shall indemnify JAMSET for the damages and costs incurred in the event of loss or damage the equipment (including the Instruments, accessories, furniture) will have been subjected to during the period activation that can be sent to the User. The assessment of the compensation will be made on the basis of the price of the spare parts, only the price communicated to the User during the repair is authentic.


7.3 Non-compliance with these Terms and Conditions

In the event of non-compliance with the User's obligations, as a result of these Terms, the User shall be required to indemnify JAMSET for all liability and for any loss, damages and interest. or any expenses incurred by JAMSET due to the failure of the User in particular if the breaches of the User deprive him of the guarantee of the insurance subscribed by JAMSET. This provision is not exclusive of any other remedy that JAMSET may have against the passengers or third parties under their respective responsibility.

ARTICLE 8 - INSURANCE

During the period of use of the activated instrument, the User benefits from the insurance subscribed by JAMSET including guarantees Civil Liability, Fire, theft or attempted theft of the instrument, vandalism.

ARTICLE 9- RESPONSIBILITY OF JAMSET

JAMSET undertakes to provide a studio allowing free access to the instruments and accessories required for their use.

Two electric guitars (with picks), an electric bass, an electric piano, an electric drum (with chopsticks) and a DJ mixer.

JAMSET can not be held responsible for the loss or damage to the User's Accessories, the obligation incumbent on the User to take care and not to forget in or around the studio his personal effects.

JAMSET can not be held liable for damage to people or property caused by the use by a third party of a reserved instrument thanks to a User's Identifiers.

In no event will JAMSET be liable for any damages that may be caused by the unavailability or malfunction of the Website and / or the Application or any part of the Service. The provision of the Service and the execution of these TOS constitute only an obligation of means for JAMSET.

The JAMSET Service is based on a principle of self-service, JAMSET can not be held responsible towards the user for the occasional unavailability of an instrument at its activation or power failure in the space where is arranged the studio.

JAMSET's liability is limited to certain, direct and foreseeable harm. In no event shall JAMSET be liable for consequential damages.

In addition, during Registration, the activation of an Instrument, the User agrees that the Customer Service and / or the use of the Service may be disrupted or temporarily rendered inoperative (s) and that the responsibility of JAMSET can not be engaged in particular in the following cases:

  • Misuse or dysfunction of the Internet network,
  • Computer virus transmitted by the Internet network,
  • Interruption of the services accessible on the Internet network,
  • Disturbance and / or unavailability total or partial GSM / GPRS / 3G / 4G networks,
  • Unable to provide the Service because the communication module present in the Studio is located in a geographical area covered by the GSM / GPRS / 3G network would fail,
  • Disturbances caused by maintenance work, reinforcement, redevelopment or extension of GSM / GPRS / 3G network installations by the telecommunication operator used by JAMSET,
  • Aléas de propagation of electromagnetic waves, termination of operating licenses for the telecommunication operator's service used by JAMSET by decision of the public authority or a fortuitous event,
  • transmission of radio signals affected by constraints or limitations of technical standards imposed on the radiotelephone operators by the relevant regulatory authorities or regulatory group,
  • Unable to provide the Service due to a failure or malfunction of the GPS satellites or a power outage,
  • Geolocation failure attributable to a degradation of the GSM / GPRS / 3G4G signal or the GPS signal, due in particular to cloud cover or canopy,
  • Any failure of an instrument regardless of its origin,
  • Force majeure within the meaning of Article 1218 of the Civil Code and the jurisprudence of the Court of Cassation.

JAMSET reserves the right to interrupt the Service totally or partially, without notice and for a definite or indefinite period, especially in the event of an exceptional event such as a material damage, a technical breakdown, a modification of the contractual relationship with the manager space hosting the studio, without notice and without any compensation is due to the User.

JAMSET may permanently stop the Service in any city or geographic area at any time without any compensation being due to the User. If circumstances permit, the final termination of the Service will be notified to Users with reasonable notice.

ARTICLE 10 - PERSONAL DATA

As part of the Service, JAMSET is required to collect and process certain personal data of Users. By creating a User account and / or using the Service, the User acknowledges and accepts the processing of his personal data by JAMSET in accordance with the applicable law and the stipulations of thePrivacyJAMSETPolicy.

ARTICLE 11 - EFFECTIVENESS AND DURATION OF REGISTRATION TO THE JAMSET SERVICEEffective Date

11.1

The Registration to the JAMSET Service takes effect at the end of the registration process described in article 5.1 of these TOS. Notwithstanding the provisions of these Terms, any Registration subscribed before the date of opening of the Service will not take effect until the date of opening of the Service.

11.2 Duration

Registration is unlimited for as long as the User respects all the TOS, without prejudice to article 12 below.

ARTICLE 12 - SUSPENSION OR TERMINATION OF ACCESS TO THE JAMSET SERVICE

12.1 Suspension or Termination by JAMSET

JAMSET reserves the right to temporarily suspend access to the Service to a User in the event of suspension of the Service by JAMSET for any reason whatsoever.

JAMSET reserves the right to temporarily block the User's access to the Service and / or terminate its registration in the following cases, without notice and without any compensation being due to the user in the following circumstances:

  • use or Presumption of User's Use of Identifiers by a third party.
  • misuse or fraudulent use of the Service;
  • falsification, omission or inaccuracy of information or documentation transmitted by a User or by a third party acting on behalf of a User, or the lack of updating of information concerning him in his Personal Space;
  • unlawful disclosure or use of the User's account details;
  • the implementation of any technical process whose object or effect is to circumvent these TOS or to prejudice the interests of JAMSET or its Users;
  • improper use of an instrument and or accessory;
  • non-compliance by the User with any of his obligations under these Terms;
  • in the event of interruption or cessation of the Service for any reason whatsoever, in particular under the conditions specified in article 11 hereof.

12.2 Termination by the User

The Service being without obligation, the User is free to stop using the Service at any time for reasons of its own, without notice and this, by notification by e-mail to the address e-mail Customer Service help@jamset.net.

Cancellation is effective provided that there is no activation in progress of an instrument via the User ID.

ARTICLE 13 - APPLICABLE LAW - SETTLEMENT OF

DISPUTES The GTUS are exclusively governed by French law.

In accordance with the provisions of Article L.611-1 and following of the Consumer Code, for any dispute of a contractual nature which could not be resolved in the context of a complaint previously lodged with the Customer Service, the User has the possibility of making free use of the Mediator of Consumer Affairs, who is the professional mediator of the space manager where the studio is located.

If the mediation procedure could not lead to an amicable agreement between the parties, the dispute arising from the Registration to the JAMSET Service or its use will be subject to the exclusive jurisdiction of the French courts.

ARTICLE 14 - COMMUNICATION OF THE GENERAL CONDITIONS OF USE OF THE SERVICE TO USERS AND CONSERVATION OF THEIR ACCEPTANCE

14.1 Communication and acceptance of the General Conditions of Use of the Service
The Terms are subject to the User at the time of registration. The User signifies and represents his acceptance of the TOSC at the time of registration by clicking on the corresponding box.

He can at any time read the T&C in effect on the Website and the Application.

14.2 Retention of the acceptance of the User

The acceptance by the User of the TOS is materialized by the click of acceptance of these TOS when subscribing to the Registration and the box checked by which he declares to have read and fully aware of them, either on the Website or on the Application. JAMSET retains the electronic login information for such acceptance for a period of time that expires after a period of two (2) years after the termination of the contractual relationship.

14.3 Amendments to the TOS

The present TOS (including applicable fees and penalties) may be updated at the discretion of JAMSET. Their update will be brought to the attention of the User by any means and in particular by the Application.

In case of modification of the T&C that occurs after registration, the User will be asked to check the box "I accept the Terms of Use" before its next reservation on the Application. Otherwise, the User is free to stop using the Service and may terminate his Registration by following the procedure described in article 12.2 above. However, any modification of these Terms will be deemed accepted and enforceable against the User if the latter, informed of such changes, continues to use the Service.


II PRIVACY POLICY (GDPR)

Last updated: March 11, 2019

Jamset respects your privacy rights. This Privacy Notice explains who we are, how we collect, share and use your personal information, and how you can exercise your privacy rights. This Information Notice concerns only the personal data that we collect through our mobile application. By using the latter, you agree to the terms of this privacy notice. If you do not agree to the terms of this privacy notice, please do not use our mobile app. If you do not understand or have any questions about this privacy statement, please contact us by e-mail at dpo@jamset.net before using or continuing to use our mobile application.

QUICK LINKS

We recommend that you read this Privacy Notice carefully in its entirety to ensure that you are fully informed. However, if you wish to access a particular section of this Privacy Notice, you can click on the corresponding link below to go directly to the desired section.

What does Jamset do?

What personal data are collected by Jamset and why?

With whom does Jamset share my personal data?

Which cookies does Jamset use?

How does Jamset protect the security of my personal data?

In which other countries are my personal data stored?

How long does Jamset keep my personal data?

What are my rights in data protection?

Will this Privacy Notice be updated?

How can I contact Jamset?

WHAT DOES JAMSET DO?

Jamset allows users of its application to choose, activate and then use one of the musical instruments associated with the musical studio Jamset. The access to the space where the musical studio Jamset is located is dependent on the will of the manager of this space.

WHAT PERSONAL DATA ARE COLLECTED BY JAMSET AND FOR WHAT REASON?

The personal data that we may collect about you generally fall into the following categories:

  • Data you provide us voluntarily

When creating your individual account on the application Jamset, your personal email address is required . We need this personal data as part of the non-binding contract with you. The reasons why we ask you to provide them are specified when we ask you to provide the data. In addition your email address can be used to inform you about new features and new Jamset implementations.

 

  • Data We Collect Automatically

When you log in from our mobile application to a Jamset Music Studio, we collect, for the duration of this connection, your location which corresponds to that of the studio by static definition. The collection of this information allows us to be able to provide remote assistance that you could request from the mobile application as part of the use.

 

Generally, we collect your personal data only (i) when we require personal data under a contract with you, (ii) where the processing is in our legitimate interest and not contrary to your rights, or (iii) when you have given us your consent in this regard. In some cases, we may have a legal obligation to collect personal data from you or to require personal data to protect your vital interests or those of another person.

If we ask you for personal data to comply with a legal requirement or under a contract with you, we will clearly indicate this to you at the appropriate time and specify whether the provision of your personal data is mandatory or not (we will also inform you of the possible consequences if you do not provide your personal data).

If we collect and use your personal data on the basis of our legitimate interests (or those of a third party), this will be mainly in order to be able to offer our products and services, respond to your inquiries, improve our products and services, or for the purpose of detecting or preventing illegal activities. We may have other legitimate interests and, if so, we will explain clearly what these legitimate interests are in a timely manner.

If you have any questions or would like additional information regarding the legal basis under which we collect and use your personal data, please do not hesitate to contact us using the contact details provided below under "How can I contact Jamset? ".

WITH WHO DOES JAMSET SHARE MY PERSONAL DATA?

We may disclose your personal data to the following categories of recipients:

third party service providers and providers of data processing services (eg, to support the delivery of services, and to improve the security of our application), which are described in this Notice of confidentiality or which are notified to you when we collect your personal data;

Any law enforcement agency, any regulatory or governmental authority, any court or other third party where we believe disclosure is necessary (i) under applicable law or regulation, (ii) to practice, establish or defend our legal rights, or (iii) protect your vital interests or those of any other person;

A potential or actual buyer (as well as its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer of its obligation to use your data at personal nature only for the purposes stated in this Privacy Notice;

any other person with your consent to disclosure.

WHAT JAMSET COOKIES DOES IT USE?

We do not use any cookie or other similar tracking technology (collectively, "Cookies") to collect and use personal data about you. We therefore have no policy regarding cookies.

HOW DOES JAMSET PROTECT THE SAFETY OF MY PERSONAL DATA?

We use appropriate technical and organizational measures to protect your personal data that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal data and may include technical controls such as system access, data separation, backup and recovery, and organizational controls such as staff selection, staff training and building entry controls.

 

IN WHAT OTHER COUNTRIES ARE MY PERSONAL DATA RETAINED?

Your personal data may be transferred to, and processed in, countries other than the country in which you reside. These countries may have data protection laws that are different from those in your country and, in some cases, are not as effective in terms of protection.

Specifically, the servers hosting the application and data in France, and our group companies, third-party service providers and partners operate around the world. Therefore, when we collect your personal data, we may be processing it in several other countries.

However, we have taken appropriate safeguards that require that your personal data remain protected in accordance with this Privacy Notice. These measures include the implementation of the European Commission's standard contractual clauses for the transfer of personal data between our group companies, requiring all group companies to ensure the protection of personal data that they hold. deal with the EEA (European Economic Area) in accordance with the European Union Data Protection Act. Our standard contractual clauses are available on request.

We implement similar appropriate safeguards with our third-party service providers and partners, and additional information is available upon request.

DURING HOW MUCH TIME DOES JAMSET KEEP MY PERSONAL DATA?

We retain the personal information we collect from you when legitimate, ongoing activities so require (for example, to provide you with a service you have requested or for compliance with legal, tax or accounting requirements).

Where no continuing legitimate activity requires the processing of your personal data, we will delete it or make it anonymous or, if this is not possible (for example, because of the storage of your personal data in archives backup), we will store your personal data securely and isolate it from further processing until it is possible to delete it.

WHAT ARE MY RIGHTS IN DATA PROTECTION?

You can contact us using the contact information provided below, under the heading "How can I contact Jamset? To exercise the following data protection rights:

Your right to access, correct, update or claim the deletion of your personal data.

Your rights to oppose the processing of your personal data, to limit the processing of your personal data or to claim the portability of your personal data.

Your right, at any time, to refuse marketing communications we send you. To opt out of e-marketing, you can also exercise your right by clicking on the "unsubscribe" or "opt-out" link in the marketing e-mails we send you.

Your right, if we have collected and processed your personal data with your consent, shall withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing performed prior to your withdrawal, nor will it affect the processing of your personal data on legally accepted grounds of treatment other than consent.

You also have the right to file a complaint with a data protection authority concerning our procedure for the collection and use of your personal data. For further information, please contact your local data protection authority. Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the United States and Canada) are available here.

We respond to all inquiries we receive from persons wishing to exercise their data protection rights in accordance with the applicable data protection laws.

 

WILL THIS CONFIDENTIALITY NOTICE BE UPDATED?

We may update this Privacy Notice from time to time in response to changes in legal, technical, or business developments. When we update our Privacy Notice, we will take appropriate steps to inform you, based on the significance of the changes made. We will seek your consent to any material changes to our Privacy Notice if and when required by applicable data protection laws.

You may review the latest update of this Privacy Notice by checking the "Last Updated" date displayed at the top of this Privacy Notice.

HOW CAN I CONTACT JAMSET?

The data controller of the application is Jamset SAS. If you have any questions or concerns regarding the use of your personal data, please contact our data protection officer using the following contact details: dpo@jamset.net