DConnect’s T&C

DCONNECT (hereinafter referred to as the "Application") is an application developed by DConnect s.r.l., whose registered office is located at 24, rue Abel Roger, 7070 Le Rœulx (Belgium),  a company registered under number BCE n°1016.266.624 (hereinafter referred to as "DCONNECT").

 

The use of the application is subject to the full and complete acceptance of these General Terms and Conditions of Use.

 

Article 1 -General

 

1.1. Purpose

 

The purpose of these General Terms and Conditions of Use (hereinafter the "Terms and Conditions of Use") is to define the terms and conditions of access and use of the services offered via the DCONNECT mobile application by any user (hereinafter the "User").

 

1.2. Scope

 

The T&Cs apply to any natural person at least 13 years of age who uses the Application. Registration by a minor requires the prior authorisation of a person with parental authority.

 

Article 2 - Description of Services

 

The App offers the following services:

 

·    Suggesting leisure activities adapted to the User's interests and geographical location, based on information collected from third-party partners;

·    The dissemination of educational content aimed at raising awareness of digital disconnection and the benefits of offline activities (videos, tutorials, chat service with artificial intelligence);

·    Encouraging people to reduce screen time, to encourage disconnected activities.

 

Article 3 - Registration procedures

 

3.1. Registration – mandatory steps

 

Prior to any registration, the User must download DCONNECT on their phone, using a compatible operating system (Android or iOS). 

 

The User undertakes to provide accurate and up-to-date information when registering: surname, first name, age, email address. Access to the Application requires the creation of a password-protected user account.

 

An email is sent by DCONNECT to the email address mentioned by the User, to confirm their registration. Confirmation of the email address is necessary to activate the User's registration.

 

3.2. Registration – optional data

 

The User will be invited to personalise their profile, in order to be able to benefit from proposals for activities suitable to their interests and geographical area. This data can be supplemented, adapted and deleted at any time in the User's profile.

 

3.3. Password

 

The User chooses a specific password to access DCONNECT. The password is strictly personal, confidential and non-transferable. It may therefore not be shared or communicated to third parties.

 

The User is solely responsible for the confidentiality of his/her password and releases DCONNECT from any liability in this regard. The User undertakes to change his password in the event of suspicion that his confidentiality has not been preserved.

 

3.4. Registration of minors under 16 years of age

 

In accordance with Article 8 of the GDPR, the lawful processing of the personal data of children under the age of 16 requires the consent given by the holder of parental authority with regard to the child concerned. Member States may, however, provide for a lower age, which may not be less than 13 years.

 

Pursuant to this provision, Belgian legislation provides for a minimum age of 13 years (Article 7 of the Law of 30 July 2018), and French law provides for a minimum age of 15 years (Article 45 of the Data Protection Act).

 

The Minor User must, depending on the legislation applicable to their situation, obtain the consent of the person with parental authority for their registration with DCONNECT.

 

a.     Access and registration of minors

 

The use of the DConnect app is strictly reserved for seniors of:

·       13 years of age in Belgium, in accordance with Article 7 of the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data;

·       15 years in France, in accordance with article 45 of the Data Protection Act.

 

Any User who does not comply with these minimum age thresholds may not create an account or use the Services.

 

b.     Verification of age and parental consent

 

During the registration process, the User is required to indicate his/her age or date of birth. If the declared age is below the minimum legal age required by applicable national legislation, access to the app is automatically denied.

 

In the case of a minor User who has reached the minimum legal age required, but has not yet reached the legal age of majority (13-18 years old in Belgium, 15-18 years old in France), he or she must confirm that he or she has obtained the prior consent of the holder of parental authority. DConnect reserves the right to request proof of parental consent at any time, in particular in the event of serious doubt about the accuracy of the information provided. Failure to respond within a reasonable period of time may result in suspension or termination without notice.

 

c.      Commitment of the Minor User

 

The minor User guarantees that he/she has obtained the consent of the holder(s) of parental authority to access the DConnect Services. DConnect cannot be held responsible in the event of false representation relating to age or obtaining parental consent.

 

Article 4 - Responsibility of the User

 

The User undertakes, in his use of the Application to:

 

·    Comply with these Terms of Use;

·    Ensure the confidentiality of your password;

·    Not to infringe the rights of third parties or the proper functioning of the Application;

·    Not to attempt to obtain unauthorized access to other subscription plans of the Application;

·    Not interfere with the use of the Application;

·     Not to send, distribute, make available or transmit any software or other computer files that contain a virus/harmful component;

·     Not to use the Application for any illegal purpose;

·     Not to interfere with or disrupt the networks connected to the Application;

·     Not to infringe the intellectual, industrial or commercial property rights on the elements published on the Application;

·     Not to use the Site for commercial purposes (prospecting, etc.);

·     Communicate only information that is in line with reality and update it regularly;

·     Disclose only information relating to his private life and his person, the dissemination and communication of which he considers not to infringe his rights or be prejudicial to him;

·     Communicate only information and data for which it has the power and authorization to ensure the disclosure and use in the context of the Application;

·     Not to communicate or disseminate, in any form or nature whatsoever, through the Application, content that infringes the rights of third parties or that is defamatory, insulting, threatening, obscene, offensive, hateful, violent, inciting violence, of a political, racist, xenophobic, vulgar, pornographic nature, or any content that is punishable under criminal law or in general,  does not correspond to the spirit of DCONNECT;

·     Exercise moderation and ethics in all messages, documents, and communications sent through the App, as appropriate;

 

In the event of non-compliance with the principles set out above, DCONNECT reserves the right to immediately deactivate the account of the User responsible, to prohibit access to and registration to the Application at a later date and to claim the payment of any damages in order to compensate for the damage suffered by DCONNECT as a result of non-compliance with these provisions.

 

Article 5 - Liability of DCONNECT

 

DCONNECT expressly disclaims any liability in the event of non-compliance with the obligations of the Users or in the event of damage caused to them. Where applicable, the User at fault or liable shall indemnify DCONNECT against any third-party claims and any conviction pronounced against him.

 

DCONNECT has no general obligation to monitor the information it transmits or stores, nor does it have any general obligation to actively search for facts or circumstances that reveal illegal activities, in accordance with Article XII.19 of the Code of Economic Law. In the event of publication of illegal content on the Site, DCONNECT can only be held liable if it was actually aware of the illegal activity or information and if it did not react promptly, as soon as it became aware of all the required details, to remove the illegal information or make it impossible to access it.

 

DCONNECT does not guarantee that the Application will always be accessible and is not responsible for a lack of functioning, impossibility of access or poor conditions of use attributable to unsuitable equipment, computer hacking, a virus, the access provider, congestion of the Internet network, malfunctions of the hosting provider, or for any other reason not exclusively attributable to a fault directly attributable to DCONNECT.

 

DCONNECT declines all responsibility in the event of loss of data due to a malfunction of the Application.

 

DCONNECT may temporarily interrupt access to the Application due to maintenance, updating, technical improvements or changes to the content or its presentation.

 

DCONNECT may include links in the App to other websites or other sources. However, DCONNECT is not in a position to verify or control these external sources and cannot be held responsible for the availability of these sites or sources or for their content, advertising, products or services offered. Users consult them at their own risk and under their own responsibility.

 

Although DCONNECT has taken all necessary precautions in setting up the Application and its content, it does not give any express or implicit guarantee of any kind, as to the suitability for a particular use, an effective result of disconnection from the telephone or other specific expectations.

 

The User expressly acknowledges that the use of the Application is under his or her own responsibility and that DCONNECT cannot, under any circumstances, be held liable for any direct or indirect damage, including loss of income or the recourse of third parties, relating to the use of the Application. 

 

Article 6 - Advertising and Monetization

 

The User receives, if he has consented, targeted advertising content in connection with his profile and interests. In the absence of consent, the User will receive generic advertisements.

 

This advertising content is used to finance the Application, which is offered free of charge to Users.

 

Article 7 - Artificial intelligence chat

 

DCONNECT has developed a Chat Service integrated into the Application, operating thanks to artificial intelligence. The Service is based on a compilation of publications relating to the advantages of reasonable digital consumption and the benefits of disconnected activity. 

 

This Chat Service allows Users to obtain generic advice and answers to simple questions related to the interest of devoting more time to activities disconnected from digital technology. Chat can inspire Users and give them ideas on ways to spend time away from their phones.

 

Users are aware that the information provided by the Artificial Intelligence Chat Service may generate answers or data that are not always precise or accurate, or that do not meet their expectations. Users must always evaluate the accuracy and relevance of these statements.

 

The User may not use this Service in any way that infringes the rights of others, nor attempt to decompile the source code and underlying components of the Service. The User is not allowed to automatically extract all data and results from the Service, interfere with or disrupt the Service.

 

Article 8 - Tutorial videos

 

DCONNECT offers several tutorial videos in the App, prepared by mental health specialists and others, which present the benefits of disconnecting in a fun and accessible way. These videos are made available to Users only as part of the Application Services.

 

These videos are protected by intellectual property law, and are exclusively intended for use in the Application. The User may not reproduce, copy, extract or exploit them in any other way without the prior written consent of DCONNECT.

 

The comments made in the videos do not commit DCONNECT and cannot be considered as providing medical advice. Users cannot hold DCONNECT responsible in the event of inaccuracy, inadequacy or error in the videos.

 

Article 9 - Push notifications

 

DCONNECT may send push notifications to the User. These notifications may include information related to:

 

·       suggestions for activities,

·       reminders related to the usage objectives defined by the User (e.g. reduction of screen time);

·       encouragement or advice related to digital well-being;

·       information relating to the evolution of their profile or their personalised support;

·       one-time communications regarding updates to the App, new features, or local events;

·       one-off promotional or advertising content, related to digital well-being, activities offered by DConnect or its partners.

 

The User can disable push notifications by selecting the appropriate option in their profile.

 

Article 10 – Level of your stone – gamification

 

As part of its fun and benevolent approach to digital disconnection, DConnect offers the User a personalized monitoring system for his or her progress, referred to as the "Level of your stone".

This system does not involve a points system or competition between Users, and does not give rise to any monetary or material rewards.

 

a.     Purpose

 

The sole purpose of the "Level of your stone" is to symbolically reflect the User's personal evolution in his or her digital well-being approach. It is based on the analysis of phone usage data and other information voluntarily provided by the User (e.g., screen time, frequency of offline activities, goals set in the app).

 

b.     No legal effect

 

The "Level of your stone" is a purely indicative self-assessment tool, with no contractual or legal value. It does not condition access to or use of the application's features, and does not form the basis of any right or obligation with regard to DConnect.

 

c.      Data used

 

The calculation of the level is based exclusively on data collected with the express consent of the User. The latter can consult, modify or delete the nature of the evaluation data of the "Level of your stone" at any time. No information from the "Level of Your Stone" is communicated to third parties, except with the express consent of the User or a legal obligation.

 

DConnect may use the anonymized "Level of Your Stone" evaluation data solely for statistical purposes and evaluation of the Application's functionalities.

 

d.     Disabling

 

The User may, if he wishes, deactivate the "Level of your stone" feature via the app's settings. In this case, no monitoring or display will be carried out, without impact on access to other services.

 

Article 11 - Personal Data

 

The User's personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). The purpose of this privacy policy is to provide clear and transparent information on how DCONNECT processes your personal data in the context of your use of the Application available on iOS and Android.

 

11.1. Data controller

 

The data controller is DConnect s.r.l., whose registered office is located at 24, rue Abel Roger, 7070 Le Rœulx (Belgium), a company registered under the number BCE n°1016.266.624.

 

If you have any questions about the processing of your personal data, you can contactprivacy@dconnect.app.

 

11.2. Data collected

 

The following data may be collected:

 

·    Mandatory identification data: name, surname, postal code and country, email address, date of birth ;

·    Optional identification data: gender, full address, marital and family situation,  profile picture, personal feelings about  disconnection, personal goals of using the app, personal phone usage habits, information onactivitypreferences;

·    Interest and location data;

·    Data relating to phone usage statistics: evolution of daily screen time, distribution of screen time between various applications.

·    Connection and browsing data (IP address, device type, connection time, etc.);

·    Data from interaction with content (tutorials, activities, advertisements);

 

11.3. Purposes of the processing

 

The data processing has the following purposes:

 

·    Registration for the Application and provision of a User profile;

·    Provision and personalization of the services offered;

·    Dissemination of adapted educational content;

·    Targeted Advertising Delivery.

·    Anonymous statistical analysis of the use of the Application;

·    Compliance with applicable legal and regulatory obligations.

 

11.4. Legal bases for processing

 

The data is processed on the following legal bases:

 

·    Performance of the contract (T&Cs accepted by the User): mandatory identification data;

·    User consent :d optional identification data, data relating to centres of interest, data relating to telephone usage statistics.

·    Legitimate interest of DCONNECT (improvement of services): connection and browsing data, data from interaction with content.

 

11.5. Data recipients

 

Personal data is not communicated to third parties, except:

 

·    Technical service providers acting on behalf of DCONNECT;

·    To the administrative or judicial authorities, in accordance with the law;

·    To third-party partners, only with the explicit consent of the User.

 

11.6. Retention period

 

The data is stored for the time necessary to achieve the purposes described, and then archived or deleted in accordance with legal obligations.

 

Optional profile data is deleted upon the User's unregistration.

 

Anonymised data on interests, telephone use, connection, interaction with the content of the Application, may be kept for analysis and statistical purposes.

 

11.7. Users' rights regarding the processing of their own personal data

 

Users whose personal data is processed by DCONNECT may exercise the following rights, within the limits of the GDPR.

 

·      The right of access allows you to be informed and to request to receive a copy of the personal data processed.

·      The right to rectification allows you to request, modify or update inaccurate or incomplete personal data.

·      The right to erasure: allows DCONNECT to be asked to delete the personal data processed, insofar as the processing is not necessary in the context of the use of the Application and within the limits provided for in Article 17 of the GDPR.

·      The right to data portability: allows you to receive a copy of personal data in a structured, commonly used and machine-readable format (e.g. pdf document) or request that this data be directly transmitted to another data controller when technically feasible.

·      The right to restriction of processing: allows you to request a restriction (temporary or permanent) of the processing of personal data, in whole or in part, within the limits provided for in Article 18 of the GDPR.

·      The right to object: allows the processing of personal data to be refused, without this being detrimental to the processing lawfully carried out prior to this refusal, and within the limits provided for in Article 21 of the GDPR. The right to refuse may apply to certain categories of communications.

 

Any request can be addressed to privacy@dconnect.app. A copy of any official identity document containing the name and surname of the person exercising these rights and proving his identity must be sent.

 

11.8. Data security

 

DCONNECT implements all appropriate technical and organisational measures to ensure the security and confidentiality of your personal data.

 

11.9. Policy Update

This policy on the respect of personal data is subject to change. Any changes will be notified to the User via the Application or by email.

 

Article 12 - Intellectual property

 

All literary and graphic elements included in the Application (interface, typography, logos, graphics, photographs, animations, icons, sounds, videos, characters, texts, etc.) are the exclusive intellectual property of DCONNECT or its partners, and may not be reproduced, used or represented without its prior written permission. The same applies to DCONNECT's database and its contents, and to the source codes of the Application (and associated artificial intelligence), as well as to any software enabling the operation of the Application.

 

The right to use these elements, granted to Users, is limited to access to the Services of the Application, in the Application, and as long as the User is registered with the Application.

 

Users are not authorized to modify, copy, reproduce, download, distribute, transmit, decompile and compile, commercially exploit, distribute, in any way whatsoever the pages or parts of pages of the Application or the computer codes of the underlying elements.

 

DCONNECT and its logo are a registered trademark of DCONNECT.

 

Article 13 - Unsubscribing from the Application

 

The User may unsubscribe from the Application at any time by notifying him via his profile page.

 

DCONNECT may, without prior notice, notice or compensation, deactivate a User's account in the event of non-compliance with the rules set out in these Terms of Use, or in the event of fraud.

 

The deactivation of the profile is without prejudice to any legal action or claim for compensation that may be brought by DCONNECT for the protection of its interests. Unsubscribing will not give rise to any compensation for the User.

 

Article 14 - Changes to the T&Cs

 

These T&Cs may be modified at any time. The User will be informed of the changes and must accept them in order to continue using the Application.

 

Article 15 - Governing Law and Disputes

 

These terms and conditions of use are governed by Belgian law.

 

In the event of a dispute relating to the use of the Application or in connection with these terms of use, exclusive jurisdiction is attributed to the courts within the jurisdiction of the publisher's registered office, unless otherwise stipulated.

Article 16 – Partners and Third-Party Content

 

Some activities offered on our platform come from external partners, including UiTinVlaanderen. By accessing these activities, you acknowledge that these partners apply their own Terms of Use. You therefore agree that the specific conditions of these partners, available on their respective websites, also apply to the activities they provide through our platform.

You can consult UiTinVlaanderen’s Terms of Use here: https://www.uitinvlaanderen.be/gebruiksvoorwaarden