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TERMS OF SERVICE

Definition of terms

Application: WHOOMIES application is available on the App Store and on Google’s Play Store.

WHOOMIES: Whoomies, Société par action simplifiée with a capital of 16,502,00 euros, registered in the Register of trade and companies of Nanterre under the registration number 825 268 204, whose headquarter is located at 45 rue Pauline Borghèse Neuilly-sur-Seine and sole operator of the Application and the brand WHOOMIES.

Terms and Conditions: these Terms and Conditions  

Member: person registered on the Application

Female members: a member of the female sex in relation to his civil status.

Male members: a member of the male sex in relation to his civil status.

Pass: action symbolized by a cross or « emoticon » that shows the lack of interest. This action is secret and un-notified.

Match: event that happens when two profiles have Liked each other. It shows a mutual interest and is notified (« You have a Match »). It generates an automatic message allowing a discussion between the two Members.

Chatbot: automated or manual virtual assistant allowing the start of a conversation between two Members or allowing one Member to contact and interact with Whoomies’ Customer Service.

Messages and vocal messages: all members can start the « Discuss » action on the Application and send messages. The messages are visible in the messaging accessible with the top right icon on the Home Page.

Services: all services, free or not, offered by Whoomies to facilitate virtual or real meetings between members who showed a mutual interest based on the selected research criteria.

Profile: the profile is the personal space dedicated to one Member on the Application. It can be accessed by registering and logging in the Application. It allows the Member to access to his personal information and interests that he will fulfil during the registration and during his time navigating in the Application.

Facebook Connect: functionality that allows members to use their Facebook account to log in the Application to simplify the registration process.

 

Article 1: Field of application

The Terms and Conditions define the rights and obligations of the parties related to the use of the Application. They are the basis of a contractual relationship between the Member and WHOOMIES.

 

  • Conflict of rules

The present Terms and Conditions define the main rules for using the Application. They are completed with additional policies, the confidentiality policy, the Charter of trust and the questions frequently asked (FAQ) to help guide the Member in how to use the Application. In the event of a conflict between the different policies resulting in a lack of accessibility, intelligibility or predictability of the rules, the present Terms and Conditions will prevail on the Charter of Trust, the confidentiality policy and the FAQ.

 

  • Autonomy of the stipulations

In the event of these present Terms and Conditions be declared non-applicable by a law, a regulatory act or a judicial decision emaning from a competent court, the other stipulations will remain valid, unless the present Terms and Conditions bring a significant imbalance of obligations between the parties.

 

Article 2: Modification of the Terms and Conditions

 

2.1 Update

WHOOMIES reserves the right at any moment and unilaterally, to change, complete or modify the present Terms and Conditions as it deems necessary or to end the Services.

Members will be informed of any update of the present Terms and Conditions via the Application or by email at the addresses communicated by them. It is the Member’s responsibility to make sure the address communicated is valid.

It is the Member’s responsibility to carefully read the present Terms and Conditions when they are updated and to take note of the changes made by the update.

The use of the Application’s Services after the update is considered as an unreserved acceptance to the changes made by the Member.

In case of a disagreement with the changes of the Terms and Conditions, the Member has the possibility to end the Services and terminate his account according to Article 16.3 of the present Terms and Conditions.

2.2 Immediate application

The updated Terms and Conditions will apply immediately to every Member of the Application.

 

Article 3: Governing law and settlement of disputes

 

3.1 Applicable law

The present Terms and Conditions are governed by the French Law.

 

3.2 Settlement of disputes

In case of a dispute, the Member agrees to contact WHOOMIES’ Customer Service, by email or by postal mail addressed to the addresses mentioned in Article 15 of the present Terms and Conditions in order to try and solve the problem with a mutual agreement.

If a mutual agreement cannot be found, the Member will be informed of his possibility to access a mediation mechanism freely. He will be able to present his potential claims on the online platform for settlements of disputes of the European Commission at this address : http://ec.europa.eu/consumers/odr/.

Before starting this procedure, the Member will need to have submitted beforehand his dispute in writing to WHOOMIES to try and find a mutual agreement with it.

Any contestation or dispute regarding the validity, the formation, the interpretation, the execution or the ending of the present Terms and Conditions or in relation with them will be submitted to the competent courts in Paris.

 

Article 4: Registration

 

4.1 Modalities of Download

The Application is available for free on the Apple’s App Store and on Google’s Play Store, for IPhones under IOS 8.0 or over and Android Smartphones under version 4.1 or over.

 

4.2 Member’s right during the registration process

When the conditions for membership are correctly fulfilled, WHOOMIES gives a personal profile to the Member containing the following:

  • A profile with a login ID
  • A messaging
  • A « Notification » option
  • A search thread where he will find the apartments he saved when he navigated in the Application

 

4.3 Member’s obligations during the registration process

The major or minor emancipated member guarantees that the information he is communicating during his registration are valid to this day.

According to article 1146 of the Civil Code, the non emancipated minor is unfit to contract. Therefore, if the Member is a non-emancipated minor, the present Terms and Conditions have to be approved by his legal representatives. Furthermore, the non-emancipated minor Member declares and guarantees possessing the authorization of his legal representatives to use the Application’s Services.

When occurred via Facebook Connect, the registration allows WHOOMIES to use the profile picture, name, age (date of birth) and interests of the Member to constitute his profile. Therefore, the Member has to check the validity of his Facebook information before registering.

During the registration process, the Member agrees to the present Terms and Conditions and to a confidentiality policy. He accepts to respect his obligations, especially those mentioned in the Member’s Code of Conduct defined in article 9 of the present Terms and Conditions.

 

Article 5: Services and Functionalities

 

5.1 Purpose of the Services

The Application gives WHOOMIES’ Members a friendly setting promoting contact between members who share common interests (moving destination, life style, eating habits) to establish virtual or real meetings in order to share an apartment or take part in social gatherings. Each Member is free to chat and forge new relations with other Members as long as they respect the present Terms and Conditions.  

WHOOMIES’ Services cannot be seen as consult activities or matrimonial brokerage. They only aim to ease the encounter via the Application depending on its Members’ localisation and preferences for those sharing a mutual interest and wanting to meet potential future roommates.

 

5.2 Services provided to the Members

Some of the services are available for free on the Application for the Member who consent to comply with the present Terms and Conditions (excluding connexion costs and telecommunication charges) including:

  • Unlimited sending of confidential Likes;
  • Unlimited sending of messages and vocal messages;
  • Unlimited and confidential visits of other Members profiles;
  • Unlimited Passes of Members;
  • Possibility to block a Member when his behaviour justifies it;
  • Confidential report on all Members behaving contrary to the present Terms and Conditions or governing law;
  • Possibility to consult the list of Passed or Blocked Members
  • Recover Passed or Blocked Members
  • Set up search preferences
  • Receive notifications
  • Invite friends
  • Consult the tutorial and FAQ
  • Complete profile in accordance with the present Terms and Conditions
  • Erase messages and vocal messages

 

Article 6: Personal Data Protection

 

6.1 Data processing manager – Recipients of the data

The collected data is processed by:

WHOOMIES SAS with a capital of 16 502,00€ registered in the Register of companies and trades of Nanterre under the registration number 825 268 204, whose headquarter is located at 45 rue Pauline Borghèse 92200 Neuilly-sur-Seine and represented by its President, Mr Alexandre ASSAL.

Only some of the managers from the Customer Service and authorized by WHOOMIES are processing the personal data of the Members for the purposes described in Article 6.2. Those authorized employees only have access to the data necessary to exercise their functions.

WHOOMIES can also contract with authenticated and trust worthy sub-contractors who will potentially be able to access, host or process some of the Members’ personal data for WHOOMIES, under its instructions and respecting the confidentiality policy guaranteeing the safety and confidentiality of the Members’ personal data. These sub-contractors allow WHOOMIES to establish statistics on the volume of attendance, on the use of the Application or to assure the efficiency of the Application.

The Member’s personal data identified as « accessible to WHOOMIES’ public » under Article 6.3 is accessible only to other Members he met and with whom he shares similar research criteria.

 

6.2 Purposes of WHOOMIES’ processing

The data collected by WHOOMIES is necessary for the efficiency and upgrade of the Services offered to the Members on the Application.

The collected data also allows WHOOMIES to establish statistical studies and marketing related analyses in relation to the use of the Application and the Services by the Members. WHOOMIES has the right to address promotional messages from advertisers and other partners. WHOOMIES does not communicate any of its Members’ personal data to those advertisers and partners.

Finally, WHOOMIES can access its Members’ personal data, conserve it and share it with third parties in order to answer a legal demand (search warrant, court order or other) or comply with legal, judicial or administrative obligations, detect or prevent fraudulent activities or breach to the safety of the Services in accordance with the law.  

 

6.3 Collect of Personal Data – Type of Data

Identity data: the registration form is necessary to access the Services and can be collected by WHOOMIES via Facebook Connect to facilitate the procedure. The registration requires Members to communicate some of their personal data including:

  • Photos: at least Facebook’s public profile picture. The Member will have the possibility to remove or add photos to his profile via Facebook or his smartphone. The photos need to represent the Member and shall not deceive other Members on his appearance. Those photos cannot represent a celebrity nor the portrait of a minor, cannot display a racist, chocking, illegal or sexual message nor contain personal data. The photos are published on the Application under the sole responsibility of the Member. By becoming a Member, the person accepts the publishing of her photos on the Application.
  • His date of birth (only his age deducted from his date of birth is accessible to WHOOMIES’ members via Facebook)
  • His sex (accessible to WHOOMIES’ Members)
  • His first name (accessible to WHOOMIES’ Members)
  • His interests (accessible to WHOOMIES’ Members)
  • His last name (accessible to WHOOMIES’ Members)
  • His email address (inaccessible to WHOOMIES’ Members). The Member accepts to check the validity of the address collected via Facebook Connect or modify it to ease the communication with WHOOMIES.

The other types of personal data a member can put on his profile are facultative and communicated only to his discretion (directly or via Facebook Connect) and under his sole responsibility.

A Member can authorize the other Members to see his list of friends in order for them to see if they have mutual friends registered on the Application. In this case and before authorizing the access, the Member guarantees WHOOMIES that he has the necessary authorization from the persons concerned therefore protecting it from any complaint concerning this subject.

The Member will also have the possibility to communicate his phone number to WHOOMIES in order to receive SMS alerts. His email, his last name and his phone number will remain invisible to the public and unknown Members.

No other data is transferred by Facebook to WHOOMIES.

 

Position data (geolocalisation); the Application aim to give its Members the possibility to meet other Members with whom they share similar interests in real life or via the Application for the purpose of sharing an apartment.

WHOOMIES will be able, with a prior consent, to access the Member’s position, approximately or more precisely depending on the technology used. WHOOMIES does not reconstruct the Members’ movements but only record the crossing points between Members. The exact localisation or the movements of a Member are never visible by other Members.

The Member is informed of his faculty to remove, at any moment, his consent to the mobile phone geolocalisation by uninstalling the Application or by programming his phone to prohibit the Application to access the position data.

 

Transaction Data: WHOOMIES does not collect nor process any bank data. The App Store and the Play Store chose not to communicate certain types of data to mobile applications, including bank data. Those data are exclusively collected and processed by those platforms. WHOOMIES is unable to change any modality of payment.

 

Exchanged communications Data: the messages are sent and stored on WHOOMIES’ servers to guarantee the transmission service between Members. The messages and vocal messages are strictly private and involve only the Members concerned. The authorized managers of WHOOMIES do not have a right of inspection on those messages, unless it is for a judicial request, in accordance with a legislative or a regulatory provision or as elements of proof submitted to WHOOMIES by a Member during a report.

Moreover, the messages are strictly private and are not accessible to other Members unconcerned by the conversation or to any third party.  

 

Search Preferences Data: the Member can modify his search parameters and inform the Application of the age group looked for, the type of person searched (male of female), their school/colleges (available filter) so they can be put in contact exclusively with people matching their criteria. The Member will then see on his news feed Members filling his search preferences.

 

Mobile Data: when the Member uses the Application, WHOOMIES collects server logs that can include information such as IP addresses, operating system or application failures. WHOOMIES cannot access its Members’ browsing history.

 

6.4 Further details on the Collected Data

The personal data entered in the Application by the Member is made strictly invisible by WHOOMIES to non-registered users and third parties. WHOOMIES’ responsibility cannot be engage for information disclosed by another member.

The Member’s profile that does not match other Members’ search preferences will not appear on their newsfeed.

 

6.5 Warning on Sensitive Data

Some types of Data are qualified legally as « sensitive » according to article 8 of the Loi N°7817 Informatique et Libertés du 6 janvier 1978.

They include information regarding the racial and ethnic origin, political, religious or philosophical views, the union membership, the health or sexual life. During the registration on the Application, the Member can choose to communicate some of those sensitive data regarding himself such as his ethnic origin, is political, religious or philosophical views, his union membership or his sexual orientation. WHOOMIES does not encourage the Member to communicate sensitive information to other Members nor publish them on his profile. The communication of sensitive information is worth express consent by the Member for WHOOMIES to collect and process his sensitive data.

 

6.6 Mention of Member’s Rights

According to the Loi Informatique et Libertés n°78-17 du 6 janvier 1978, each Member has a right of access, a right of rectification and opposition and a right to delete his personal data. Concerned about its Members’ preoccupations, WHOOMIES guarantees its compliance with the protection of personal data and the processing of request at the earliest convenient time. Subject to a proof of his identity, the Member can exercise his rights by sending an email to the address mentioned in Article 15 of the present Terms and Conditions.

  • The right of access authorizes the Member to interrogate WHOOMIES in order to obtain the transfer of his personal data under an accessible form according to Article 39 of the Loi Informatique et Libertés.
  • The right of rectification gives the Member a right to require from WHOOMIES a rectification, a complement, an update or the erasure of inaccurate, incomplete, equivocal, outdated personal data. It also gives the same rights for the prohibited use, communication or retention of data according to Article 40 of the Loi Informatique et Libertés.  
  • The right of opposition gives the Member the right to oppose the use of his personal data by WHOOMIES for prospecting purposes, without any charge and on a discretionary basis according to Article 38 of the Loi Informatique et Libertés.
  • The right to delete gives the Member the right to require the erasure, without any charge and on a discretionary basis, of the data communicated to WHOOMIES within the means of WHOOMIES, especially regarding the use of Facebook Connect. Some of the data was transferred to WHOOMIES via Facebook Connect. Therefore, WHOOMIES will not be able to correct it without Facebook’s collaboration. The Member is also able to correct most of his data directly via the Application.
  • The right for to define his own politics regarding the conservation, the erasure and the communication of his personal data after his death according to Article 40-1 of the Loi Informatique et Libertés.

 

6.7 Absence of Personal Data Transfer

All personal data, visible or not by other Members, is not transferred by WHOOMIES to third parties.

 

6.8 Conservation of Data

WHOOMIES stores its Members’ Data during the period necessary to the use of its Members’ profiles. The storage lasts for one year after the termination, deactivation, uninstalling or non-use of the profile for an extended period, under the conditions laid down in Article 14 of the present Terms and Conditions.

Otherwise, WHOOMIES has a hosting status and has therefore a legal obligation to store its Members’ personal data for a year according to Article 6, II Loi pour la Confiance dans l’Economie Numérique du 21 juin 2004.

In accordance with the Décret 25 février 2011 relatif à la conversation et à la communication des données, the retention period imposed to WHOOMIES starts the day of the creation of the contents for the type of data mentioned in 1° and 2° of Article 6, II Loi pour la Confiance dans l’Economie Numérique that is :

  • Login credentials at the origin of the communication
  • Login assigned by the Content Information System
  • Types of protocols used
  • Nature of the operation
  • Date and time of the operation
  • Login used by the author of the operation when provided

The retention period imposed on WHOOMIES runs from the termination of the profile for the data mentioned in 3° of the same Article that is:

  • First name and last name
  • Pseudonyms used
  • Email address or account number
  • Phone numbers
  • Passwords including data allowing to verify or modify it in their latest versions

WHOOMIES commits to provide the best efforts and all means in its possession to guarantee an optimal safety for the data stored. It is nevertheless still for the Member to take the appropriate measures to protect his data.

 

6.9 Data Transfer

During the registration process, the Member gives his express consent for his data to be transferred to WHOOMIES’ subcontractors located outside of the European Union for the purpose of carrying out statistical studies, support to Members and, if applicable, for the hosting of data processed by the Application.   

 

WHOOMIES guarantees those transfers will be carried out under conditions ensuring the confidentiality and safety for the Data and an adequate level of protection complying to the provisions of Article 68 and 69 of the Loi Informatique et Libertés.

 

6.10 Use of « Cookies »

WHOOMIES uses « cookies » to optimize the use of the Application by its Members.

A « Cookie » is a small text file fulfilled by WHOOMIES on the Member’s hard drive. It allows WHOOMIES’ system to remember the Member’s device during the visit on the Application. The « Cookies » used by WHOOMIES do not contain personal data but only a anonym login number and information regarding the navigation on the Application (pages consulted, date and time of the consultation, etc.) that WHOOMIES can read during ulterior visits.

WHOOMIES uses « Cookies » in order to optimize its Members’ use of the Application and the Services. More precisely, WHOOMIES uses « Cookies » for these purposes:

  • Personalization of the content of the Application by memorizing its Members’ preferences
  • Establishing the volumes of attendance and use of the various components of the Application
  • Upgrade the Application thanks to the information obtained by the audience measurements services. The « Cookies » used in this service allow the analysis of the Member’s behaviour globally and anonymously. The information regarding the use of the Application by the Member are transferred to this service anonymously (truncated IP address).

The behavioural data collection is executed in order to compile statistical reports on the Application’s activities for the purpose of guiding WHOOMIES in its decision making regarding the upgrades of the Application.

The Member is informed of his possibility to remove, at any time, his consent of the use of « Cookies » transmitted by the Application or by third parties.

For example, the Member can easily remove his consent via the means put at his disposal:

For third party « Cookies », the Member can also proceed to their deactivation on the websites of the issuing companies with the links above.

Finally, the Member will find some advice from the CNIL (Commission National de l’Informatique et des Libertés) by clicking on this link : http://www.cnil.fr/vos-droits/vos-traces/les-cookies/conseils-aux-internautes/.

The consent obtained by WHOOMIES from the member for the use of the « Cookies » will be effective for a duration of thirteen months from the deposit of the « Cookies ». At the end of this period, the consent must be re-collected by WHOOMIES.

 

Article 7: CNIL Declaration

 

7.1 CNIL Declaration

The Application, by collecting information on its Members, is subject to a declaration to the Commission Nationale de l’Informatique et des Libertés under the number

 

Article 8: WHOOMIES’ Obligations and Responsibility

 

8.1 Technical means and safety

WHOOMIES undertakes to provide the necessary infrastructure and technical means required to provide a quality service to Members equipped with an IPhone functioning with the IOS 8.0 operating system or over or with Android Smartphones using the 4.1 version or over.

The Application is normally accessible 24 hours a day and 7 days a week except in cases of absolute necessity or events beyond WHOOMIES’ control.

Expressly, are considered cases of absolute necessity or fortuitous cases, in addition to those customarily  adopted in French case-law : computer breakdowns, telecommunication blockages, failure or dysfunction of transmission networks via Internet and every other event beyond WHOOMIES’ control, total or partial strikes, intern or extern to WHOOMIES, lock-out, severe weather, blockade of public transport for any reason, governmental or legal restrictions preventing normal execution of the present terms and Conditions.

WHOOMIES cannot be held responsible for any malfunction of the Member’s terminal or for a problem concerning the compatibility of the Application with the terminal. WHOOMIES cannot be held responsible for the non-functioning, malfunction of the Application nor for an inability to access the Application due to an inappropriate equipment, to malfunctions due to the services of the Member’s access provider and for any other external causes to WHOOMIES that could interrupt or damage the access to WHOOMIES’ Services.

The exploitation of the Application may be momentarily degraded or interrupted, in whole or in part, for all or for some of the Members due especially to maintenance, update or technical upgrade, without notice. WHOOMIES does not make any commitment regarding the Application’s performance and, therefore, cannot be held responsible.

WHOOMIES also wants to warn its Members against the exceptional risk of receiving unwanted messages or messages allegedly emaning from WHOOMIES. The Member has to be vigilant and aware in order to be able, if these hypotheses happen, to alert WHOOMIES by sending a postal mail or an email to the addresses communicated in Article 15 of the Present Terms and Conditions.

 

8.2 Illegal Behaviours

WHOOMIES and its partners cannot be held responsible for any illegal actions or actions subject to criminal sanctions committed by its Members including, not exhaustively :

  • All types of scams
  • Prostitution
  • Identity theft
  • Infringement of Intellectual Property

 

8.3 Report System and Community Moderation

As a host, WHOOMIES is not legally bound to monitor the content transmitted or stored via the Application according to Article 6, I, 7° of the Loi pour la Confiance dans l’Economie Numérique (LCEN) du 21 juin 2004.

However, the Article 6-I-3° requires WHOOMIES, as a host, to provide a notification system that allows the reports on illegal, abusive or detrimental contents.

In this case, after a verification from the Client Service, WHOOMIES accepts to remove the content promptly.  

According to Article 6-I-5° LCEN, knowledge of a contentious content is presumed acquired when the followings are notified to the host:

  • Notification date
  • Identity of the content transmitter
  • Description of the litigious facts (with the possibility to join screenshots of the litigious facts)
  • Grounds for which the content has to be removed

WHOOMIES has therefore given the Application a Community Moderation System allowing Members to sign a report for the contents referred to in Article 6 I 7° LCEN especially if they constitute an apology for crimes against humanity, a provocation to commit terrorists act and their apology, an incitement to racial hatred, hatred on the grounds of the sex, sexual orientation or sexual identity, disabilities or if the contents refers to child pornography, incitement to violence, incitement to violence against women and attacks on human dignity.

Guided by a professional ethics particularly picky on this matter and refusing to be associated with violent or insulting Members and abusive, illegal and detrimental contents, WHOOMIES’ Team takes this reporting procedure very seriously.

Therefore, the Member who published a content that has been reported is likely to see his profile suspended/terminated according to the conditions laid down in Article 14.4 of the present Terms and Conditions, on the grounds of the element of proof given by the issuer of the report in order to assure the withdrawal of the content according to WHOOMIES’ legal obligations.

The Member who sees his content reported will be informed of the suspension and termination of his account via the Application or via the mail address he communicated to WHOOMIES. He shall, under no circumstances, be informed of the identity of the issuer of the alert.

Outside the scope of this procedure, Members have the possibility to block another Member whose behaviour do not match the rules of decency to prevent any communication with him (mutual impossibility to access or send messages and vocal messages or be warned of the blocked Member’s presence if they consider the Member to be somehow bothering). It is possible to unblock freely and easily a person to be in contact again. The action is confidential and allows the Member to control the other Members with whom they want to maintain contact or not.

These reporting procedures are accessible and operational:

  • At the bottom right of the profile picture of the Member and at the top right bottom of the conversation with the member concerned on IPhone.
  • At the bottom right of the profile picture of the Member and at the top right of the conversation with the member concerned on Android Smartphone.

In case of the publication of a content that has been reported and which is susceptible to be qualified as a breach of the law regarding the legislatives and regulatory provisions in force, the victim of this content is also invited to contact the competent police authorities.

Indeed, the reporting procedure implemented by WHOOMIES does not replace a possible complaint or judiciary process against the issuer of the litigious content reported.

Any abuse of the reporting procedure (unfounded report done dishonestly) will be considered as a violation of the present Terms and Conditions and will possibly result in the suspension/termination of the issuer’s account according to Article 14.4 of the present Terms and Conditions, besides the application of criminal penalties according to Article 6 I 4° LCEN and judicial proceedings resulting in the compensation of the victims for the damages caused.

 

8.4 Safety rules

Only WHOOMIES’ Members are responsible for checking the reality of the other Members’ identities if they eventually decide to meet them in « real life ». WHOOMIES cannot be held responsible in the event of a problem of any kind coming from a « real » meeting.

 

8.5 Compatibility of the Colocation

WHOOMIES does not guarantee any registration and does not make any comment regarding a behaviour, one Member’s solvency, his rental history or his ability to pay the rent or to provide an accommodation. WHOOMIES cannot be held responsible for any events or losses coming from the use of the Application. It is the Member’s sole responsibility to determine his acceptance conditions regarding the roommate, the tenant and the owner.

 

8.6 Collective Events

Any use of WHOOMIES’ Services for the purpose of organizing a collective event of its Members is a misuse of the Services. It is strictly forbidden to plan or organize a public manifestation with the mean of the Application. If this type of event had to occur, WHOOMIES’s responsibility cannot be sought in case of a disturbance of public order or any damages resulting from such reunions.

 

Article 9: Code of Conduct

 

9.1 Loyalty and Honesty Obligations during the Registration Process

To acquire the Member’s Status, it is necessary to fulfil the following conditions:

  • Fill in the information on his Facebook profile sincerely and truthfully if the Member wants to register via Facebook Connect. The Member has to communicate his first name, sex, date of birth given by his civil status. Otherwise, the Member accepts to correct the errors on his Facebook profile and activate the synchronization of his information between his Facebook profile and his WHOOMIES profile. The Member consent to give a valid email address.
  • The Member guarantees keeping his information constantly updated when needed via his profile on the Application.
  • The Member guarantees he has read and accepted the present terms and Conditions when he validates his account.

WHOOMIES does not have a legal obligation nor the technical means to verify the identity and age of its Members. However, in case of a doubt, presence of suspect elements or a report from another member via the reporting procedure suggesting an identity theft or fictional/erroneous information, WHOOMIES will proceed to an investigation as quickly as possible and will be able, if necessary, to rectify the information without distorting the Member’s profile.

During the entire duration of the investigation, WHOOMIES reserves the right to suspend the Member’s profile and his access to the Application and carry out the necessary verifications particularly by asking him a copy of his official Identity Card. The Member will be informed of the suspension of his account via the Application or by email to the address he communicated according to Article 14.4 of the Present Terms and Conditions.

In the event of an inability for the Member to transfer the said proof, or in the event of a proved violation of the present Terms and Conditions, WHOOMIES will be able to terminate the account of the Member involved according to Article 14.4 of the present Terms and Conditions.

 

9.3 Loyalty and Honesty Obligations during the Use

To stay a Member of WHOOMIES, it is necessary to respect all of the following conditions:

  • Be honest and sincere in his statements;
  • Do not put photos or personal information like bank data regarding others online;
  • Do not publish in the Application contents or photos related to pornography or harming the principles of Modesty and Human dignity;
  • Respect the privacy of contents, messages and vocal messages exchanged with other Members via the Application. Therefore, do not disclose the content of those messages to others;
  • Do not infringe Intellectual Property Laws;
  • Do not disturb public order;
  • Do not commit any offense of defamation and do not speak insultingly, especially regarding racial or discriminatory remarks;
  • Respect the laws and regulations in force;
  • Do not incite to violence or make the apology of terrorism, war crimes or crimes against humanity;
  • Do not violate the rules of decency and be decent with the other Members;
  • Do not harm, in any way, the normal execution of the Application’s Services and infrastructures;
  • Do not use other tools or robots than those provided by WHOOMIES for the Application when you enter in contact with other Members;
  • Do not use the Application to organize escort services;
  • Do not approach other Members in order to promote paying services or products;
  • Do not disclose other Members’ login credentials, especially their passwords and profile Id;
  • Do not advertise or encourage in any way whatsoever other Members to use any other services; concurrent or not nor commit any offense involving unfair competition;
  • Do not use the Application in order to organize gatherings or manifestations;

The Member refrains from carrying out copies and/or diffusions and/or technical data transfers that he could intercept on the Application’s network.

 

9.3 Personal Use

The Member guarantees to use WHOOMIES only for personal purposes. WHOOMIES’ network shall not be exploited for commercial, promotional, electoral or recruiting purposes. Sending messages for marketing and/or commercial and/or newsletters ends via the WHOOMIES’ messaging which would include, but is not limited to, contents, indications or hypertexts linked to sites or supports for third-party companies, especially competitors of WHOOMIES is strictly forbidden.

 

9.4 Member’s responsibility

The Member is the only responsible for his actions and the data communicated via the Application.

If WHOOMIES’ responsibility had to be sought regarding the infringement of the Member’s obligations, the Member guarantees WHOOMIES against any sentence pronounced against it if based on the violation of the Law or the Present Terms and Conditions by the Member.

WHOOMIES does not carry on any moderation on the content published by its Members and shared via the Application: especially, WHOOMIES’ Team does not verify hyperlinks published by its Members redirecting to any photo, text or content. With the moderation tools given by the Application according to Article 8.3 of the present Terms and Conditions, the Member has the ability to report those illegal contents violating French Law or the present Terms and Conditions.

Indeed, WHOOMIES is not responsible for the hyperlinks it creates.

The Application can include hypertexts links to other websites or Internet resources external to the Application.

From the day of their creation, WHOOMIES has make sure, to the extent possible, that those websites and other Internet resources do not carry contents in violation of French laws.

However, as WHOOMIES cannot continuously control those external sites and resources, it cannot permanently make sure they stay in compliance with legal requirements. Therefore, WHOOMIES could not be held responsible for the accessibility of those external sites and resources carrying out contents in violation of French laws.

Finally, if in the course of a research conducted on the Application, the result would lead the Member on websites, pages or forums whose title or contents established a violation of the French laws and given that WHOOMIES cannot control the content of these external sources and sites, the Member will have to interrupt his search of the site concerned without what he will be exposed to legal penalties and legal proceedings against him.

 

9.5 Photos

Any photo with pornographic or exhibitionist character violating the principle of decency and generally contrary to morality is strictly forbidden. The publication of this kind of photo is a serious misconduct which may result in the suspension and/or termination of the Member’s profile, without excluding sanctions imposed by the courts.

9.6 Real meetings

WHOOMIES warns its Members who want to make « real » encounters. It belongs to the Members to verify other Members’ identities. The course of those « real » meetings is organized regardless of WHOOMIES under the sole responsibility of its Members. WHOOMIES’ responsibility could not be sought for acts/problems, whatever their nature, committed or provoked by the Members and/or former Members during events following the use of the Application. In this regard, still for the purpose of preserving its Members’ tranquillity and safety, WHOOMIES’ messaging is voluntarily giving them the possibility to decide if the other Members are allowed to see their profile and talk with them.

Concerning the persons with whom the Member accepted to exchange messages, it is strongly advised to not disclose information that are not on his profile such as his phone number, address or last name. WHOOMIES advises very strongly, for security causes, to organize « real » meetings only in busy public places or to warn a loved one and to disclose contact details only after a reasonable period of time.

 

9.7 Holding of Profile

WHOOMIES will inform the Member, among other things, on new information related to the Services, their modifications and upgrades eventually made. Therefore, the Member has to consult his messaging and notifications regularly. This information may also be sent to his email address acquired by Facebook Connect.

The Member can access the Services of his profile by logging in the Application with his login Id and confidential password. The Member is the only responsible for his login information and must ensure no one else can access them. The Member guarantees WHOOMIES of all communication and/or use and/or declaration made through his profile.

 

9.8 Equipment

The equipment (hardware and logistic) necessary for the access of the Services as well as all other related costs, including telecommunication charges, are exclusively charged to the Member. The Member is solely responsible for the equipment used for this purpose.

 

Article 10: Communication with the Member

 

10.1 Push Notifications

The Member will be able to receive Push notifications via the Application to alert him of important events including but not limited to:

  • A Message or vocal message received from an other Member.
  • A Message from WHOOMIES regarding the Member’s profile and/or the Services.

The Member will be able to adjust his preferences for Push notifications via his profile.

 

10.2 Newsletter

During the registration process, the Member consent to receive a newsletter from WHOOMIES. The Member can unsubscribe at any time by clicking on the link « unsubscribe » meant for it in the newsletter or by exercising his right of opposition by sending an email at the address mentioned in Article 15 of the present Terms and Conditions.

 

10.3 Advertisements and Promotional Messages

WHOOMIES is free, via the Application, to expose advertisements and/or promotional messages from advertisers or other partners. The Member expressly consent to receive such messages.

 

Article 11: Sponsorship

 

11.1 Invite friends

WHOOMIES allows its Members to invite friends to register on the Application in order to expand the network. The sponsorship for the Member is restricted to small circle of people (loved ones, friends) whom the Member knows effectively and physically. A sponsorship program on a larger scale will eventually occur for colleges/universities under some sort of a competition game.

 

11.2 Benefits

WHOOMIES reminds that this optional functionality offers simple benefits useful only for the use of the Application. WHOOMIES does not promise its Members any kind of counterpart resulting in the direct realization of financial gains.

 

Article 12: Industrial and Intellectual Property

 

12.1 Intellectual Property of WHOOMIES

WHOOMIES is the holder of all intellectual property rights and/or exploitation rights, especially under copyright, database rights and trademark right related to the Application, its content and all its components.

The Application and its software, data base structures, texts, information, analysis, images, photos, graphics, logos, sound, brands and any other data contained in the Application is the exclusive property of WHOOMIES or, if applicable, of its respective owners with whom WHOOMIES has contracted user contracts. They cannot be, in any case, reproduced, used, represented without the express and written authorization of WHOOMIES under penalty of prosecution.

The user rights granted to the Member are reserved to a private and personal use for the duration of the registration on the Application. Any other use of the Application, especially commercial, from the Member is forbidden without the express and written authorization of WHOOMIES.

The Member restrain especially, in a non-exhaustive manner, to reproduce and/or represent for a non-private use, download, sell, translate, adapt, exploit, distribute, diffuse and communicate partially or totally under any form whatsoever, for commercial purposes or not, the Services or any work of the mind or data contained in the Application.

 

12.2 Intellectual Property of the Member

The Member gives WHOOMIES and his partners a licence to use his intellectual property rights attached to the contents submitted during the registration process and his use of the Services. This licence, non exclusive, is granted freely for everybody and for the entire duration of the present Terms and Conditions between the Member and WHOOMIES.

This licence includes the right for WHOOMIES to use, reproduce, represent, adapt, translate, scan the contents transferred by the Member (texts, images, videos, etc.), totally or partially in order to support communication effort with other Members. The Member gives an express authorization to WHOOMIES to modify those contents in order to respect the Graphic Charter of its Services and/or make them compatible with its technical performances or the format of the media concerned.

This licence will be exploited by WHOOMIES and its partners within the limit of the respect for the right of image, personal data protection of the user and without misrepresenting the Member’s profile.

The Member remains the owner of the content and data he transmits.

The Member guarantees WHOOMIES against any legal actions, complaint or conviction pronounced against it and based on the violation of the intellectual property of a third party by the Member. The Member guarantees WHOOMIES against any claim or damages arising therefrom.

 

Article 13: Unfair Competition

It is strictly forbidden to conceive a similar product to the Application or to create a derivative and, more broadly, to be guilty of parasitism, imitation acts, denigration or any other act of unfair competition. In this eventuality, WHOOMIES reserves the right to sue the Member to obtain full reparation of the damages caused by him to WHOOMIES.

The Member is subject to heavy legal penalties if he succeeds or try to grant licenses or sub-licenses, sell, transfer, cede, distribute or commercially exploit, one way or another, or make available to third parties the Application’s Services in any way.

 

Article 14: End of the Contract

 

14.1 Deactivation of the Member’s profile

The Member can, at any time, deactivate his profile without prior notice via the Application if he does no longer want to be visible.

When deactivating the profile:

  • The Member’s profile will become invisible to the other Members for the past and the future.
  • The Member’s data will be stored for (1) year from the deactivation of the profile and according to the modalities developed in Article 6.6 of the present Terms and Conditions. At the end of this period, the Member’s data will be erased definitely.
  • However, in case of the reactivation of the profile during the (1) year period, the data stored will be reassigned to the Member’s profile. The profile will also be visible again.

 

14.2 Uninstalling the Application

The Member can uninstall the Application from his mobile phone at any time and without prior notice. Therefore, the Member will not be able to access the Application anymore unless he downloads it again.

When uninstalling the Application:

  • The Member’s profile will become invisible to the other Members for the past and the future.
  • The Member’s data will be stored for (1) year from the uninstalling of the Application and according to the modalities developed in Article 6.8 of the present Terms and Conditions. At the end of this period, the Member’s data will be erased definitely.
  • However, in case of the reactivation of the profile during the (1) year period, the data stored will be reassigned to the Member’s profile. The profile will also be visible again.

It is recommended to disconnect the Application before uninstalling it. Otherwise, the Member’s profile will stay accessible for the 24 hours following the uninstalling.

 

14.3 Deleting the Profile

The Member can choose to delete his profile definitely, at any time and without prior notice, by sending a mail or email to WHOOMIES at the addresses mentioned in Article 15 of the present Terms and Conditions. Therefore, the Member’s profile will be deleted definitely.

If the Member decides to re-use the Application, he will have the obligation to register under the same conditions as the first registration.

When deleting the profile:

  • The Member’s profile will become invisible to the other Members.
  • The Member’s data will be stored for (1) year from the suppression of the profile according to the modalities developed in Article 6.8 of the present Terms and Conditions. At the end of this period, the Member’s data will be removed definitely.

The Member will not be able to reactivate his former profile.

 

14.4 Suspension/Termination of the Profile due to a violation of the present Terms and Conditions

In case of a violation by the Member of the present Terms and Conditions, WHOOMIES can suspend his profile at any time as a precautionary measure and terminate it afterwards.

WHOOMIES can suspend a Member’s profile due to a report made according to the conditions of Article 8.3 or in case of an alleged violation of the present Terms and Conditions. The suspension will last the required time for WHOOMIES’ Customer Service to conduct post-report audits.

 

The Member whose profile has been suspended will be informed by WHOOMIES of this decision via a notification sent on the Application or by email. The Member is invited to contact WHOOMIES’ Customer Service by email or via the Chatbot on the Application to get more information on the motives explaining the suspension of his account, potentially make observations and/or prove the violation has been repaired.

If, within 30 days of the notice of suspension, the Member has not contacted WHOOMIES’ Customer Service or if the elements given by him to the Customer Service have failed to repair the violation, WHOOMIES will have the right to notify the Member of the termination of his profile via the Application or by email. WHOOMIES will inform the Member of the duration during which he will not be able to register again on the Application. In the absence of this precision, the duration is set to 3 years from the notification of the termination of the profile.

During the termination of the profile:

  • The Member’s profile will become invisible to the other Members.
  • The Member’s data will be stored for (1) year from the termination according to the modalities developed in Article 6.8 of the present Terms and Conditions. At the end of this period, the data will be erased definitely.

The Member will not be able to re-create a profile for a maximum period of 3 years from the notification of the termination. He will be inscribed on an exclusion list.

 

14.5 Closing of a Member’s Profile due to prolonged inactivity

In case of a 1 year period of inactivity of a Member’s profile from his last login, WHOOMIES will have the right, without prior notification, to close the Member’s profile.

The Member’s data will be stored for (1) year from the closing of his profile in case of prolonged inactivity according to the modalities developed in Article 6.8 of the present Terms and Conditions, and erased definitely at the end of this period.

If the Member wants to benefit from the Application’s Services again, he will need to go through a new registration process.

 

Article 15: Customer Service

For any information, claim, question or advice, the Member can contact WHOOMIES’ Customer Service at these addresses:

  • Postal address: 45, rue Pauline Borghèse, 92200 Neuilly-sur-Seine
  • Email address: hello@whoomies.com

 

Article 16: Confidentiality Clause

Neither WHOOMIES nor the Member are authorized to divulgate any information on their contract in case of a dispute. Both parties consent to respect a confidentiality clause binding them to choose a confidential negotiation first in case of a dispute.