GENERAL TERMS AND CONDITIONS OF USE OF THE iMAGI-X SERVICES - CUSTOMER

  1. INTRODUCTION - DEFINITIONS

The purpose of these general terms and conditions is to specify the terms and conditions of operation and use of the iMAGI-X services that will be available to the Client, further to the Purchase of an iMAGI-X unit, as such is described in article 3 below. The Client will be informed of any amendment to these GTC when logging in to the Services.

The capitalized terms and expressions used herein, whether denoting the singular or the plural, for the purposes of these General Terms and Conditions of Use, shall have the meaning ascribed to such terms hereafter or as further indicated in bold, in the main body of these GTCs.

“Device”

has the meaning ascribed to such term in article 3.2.1

“GTC”

Means these General Terms and Conditions of Use of the iMAGI-X Services available to any Client when purchasing an iMAGI-X Unit.

“Client”

Means any private individual purchasing an iMAGI-X Unit.

iMAGI-X Unit”

Means the smart filtration unit that enables the Client to remotely monitor and control some pool equipment.

“Client Space”

has the meaning ascribed to such terms in article 3.1

“Pool Data”

means the data relating to the Client’s pool that is collected by the iMAGI-X Unit including, without limitation, water temperature or quality.

“Installer”

means the person installing the iMAGI-X Unit .

“Warning Notice”

has the meaning ascribed to such terms in article 7.2

“Hazard Notice”

has the meaning ascribed to such terms in article 7.1

“Settings”

has the meaning ascribed to such terms in article 3.2.1

“Piscines MAGILINE”

means PISCINES MAGILINE whose registered office is situated at 3 rue du Labourat - ZAC des Ecrevolles 10000 Troyes France (RCS Troyes 439 450 933).

“Retailer”

means the professional that belongs to the Piscines MAGILINE Network and that has received special training therefor and from whom, the Client may purchase an iMAGI-X Unit.

“Services”

means the supply to the Client by Piscines MAGILINE, of the iMAGI-X application as such may be downloaded to smartphones or tablets.

 

 

 

 

 

 

 

  1. PRESENTATION of PISCINES MAGILINE

Piscines MAGILINE is the owner of the iMAGI-X application that may be downloaded to smartphones or tablets, from the online stores of the main operating system publishers (e.g., Apple store, Play Store, etc.).

Piscines MAGILINE is the Support Officer (the “Support Officer”) of the client spaces created by each Client on the dedicated space of the iMAGI-X application.

The Support Officer may be reached at the following e-mail address webmaster@magiline.fr. Correspondence relating the use of the Services shall be exchanged by e-mail unless specified to the contrary in these GTC.

Piscines MAGILINE is acting as Support Officer only, for the purposes of operating the Client’s and/or the Retailer’s dedicated Spaces, using its IT Services.

All other relations arising from the use of the Services, whether commercial, technical or else, will be exclusively dealt with by the Client, with the pool Retailer and/or the Installer, as applicable.

    1. general PRESENTATION of the Services

The iMAGI-X Services enable to use a smart filtration unit that remotely monitors and controls some pool equipment. The Services require at least, one electrical unit, the iMAGI-X Unit, that is installed into the Client’s pool and that is connected using the equipment selected by the Client. The iMAGI-X Unit provides and transmits certain data and orders to the smartphone iMAGI-X Application.

The iMAGI-X Services consist in giving access for the Client, to the iMAGI-X Application that provides the following features:

  • remote consultation of certain pool user setting data, including, without limitation, Pool Data,
  • remote control of the starting command and setting of the devices installed in the pool,
  • sending messages to the pool Retailer that belongs to Piscines MAGILINE’s network of distributors.

Access to the iMAGI-X Services is available only to pool owners having fitted their pool with an iMAGI-X Unit installed by a Retailer.

Access to the Services is at no charge and merely consists in giving access to the Client to a dedicated space in the smartphone application that the Client will have previously downloaded (the “Application”). Such dedicated space provides the following features (the “Client Space”).

In order to create his/her Client Space, the Client must first download the iMAGI-X Application and register, using a code inscribed on the iMAGI-X Unit.

To get access to the iMAGI-X Services, the Client must:

  • be the owner of a pool fitted with a properly connected iMAGI-X Unit,
  • approve and sign the Client GTC when logging in for the first time via the relevant mobile application and, as the case may be, approve and sign any updates of the GTC available when logging in again,
  • be approved, pursuant to an e-mail sent by the Support Officer, confirming the Client Space creation and providing his/her login and password to get access to his/her Client Space.
  • after receipt of his/her login and password, conduct satisfactory testing of the iMAGI-X Services.
    1. scope of the Services

This section further specifies the exact scope of the Services.

      1. Services included

The Client may consult and/or modify the following settings on the dashboard of the iMAGI-X Application, namely: filtration system, pH meter, RedOx, water temperature (the “Settings”). Such Settings are further detailed in the User Guide provided to the Client when purchasing the iMAGI-X Unit.

Some pool devices and equipment may be remotely controlled (activation or setting) including, without limitation, water filtration system, heating system, spotlights and other comfort equipment (the “Devices”).

We draw your attention to the fact that none of the pool’s safety devices or equipment may be remotely controlled pursuant to applicable regulations and standards.

      1. Services excluded

The iMAGI-X Services do not include the following services:

  • remote control of the pool’s safety equipment,
  • direct control of the proper operation of the pool’s equipment, devices and other fittings,
  • direct detection of anomalies or defects affecting the Devices,
  • direct detection of erroneous or deficient information contained in the Client Space.

 

More generally, the use of the iMAGI-X Unit or of the Application is no substitute for appropriate safety equipment whether or not such equipment is required pursuant to applicable laws. The Client shall alone be responsible for choosing the safety equipment that he/she wishes to use for his/her pool, without any claim or remedy against Piscines MAGILINE.

The iMAGI-X Services do not include or imply additional or supplemental services other than access to the Client Space.

The Support Officer and the Retailer, even if allowed to consult the Pool Data as such is specified in article 6.3, and even if aware of the data and operations conducted by the Client on his/her Space, do not have control over the operation and control of the Pool’s Devices by the Client, nor do they have control over the Pool Data obtained by the Client via his/her Client Space and/or the use of such Data by the Client. Interventions of the Support Officer or of the Retailer shall be on demand of the Client only.

The iMAGI-X Services are no substitute for appropriate insurance cover, maintenance or monitoring or other serving, consulting or advising services.

  1. TECHNIcal prerequisites

The use of the iMAGI-X Services by the Client and expected performances of such services, are based on the following assumptions, in particular:

  • all pool Devices that are required for achieving such performance are actually existing, in perfect working order, compatible and properly connected to the iMAGI-X U,
  • the Unit is installed by a MAGILINE certified technician or by the Retailer, having received proper training,
  • the Client and the Retailer strictly comply with the instructions set out in the iMAGI-X Unit User Guide,
  • the pool’s environment, whether as a result of the Client’s own arrangements or of the geographical layout, does not adversely interfere, electrically or otherwise, with the proper detection of the pool’s Devices that are used for data consultation or remote control.

The Client shall personally see to the rental or adaptation of equipment selected for logging in to his/her Client Space and for fulfilling any software licensing requirements. The Client shall be responsible for ensuring compliance of his/her equipment with the Services. No warranty is given even tacitly, in relation to the compatibility of the Services with all existing terminals

The Services consist in, and are strictly limited to, conferring access to the Client to his/her Client Space via the iMAGI-X Application and the Client remotely controlling and connecting to the equipment that he/she chooses, using compatible communication channels (whether using wired or wireless internet).

As a consequence, Piscines MAGILINE shall not be liable for any dispute arising between the Client on the one part, and any supplier of such equipment, on the other part; likewise, Piscines MAGILINE shall assume no liability for any dispute arising in connection with the use by the Client, of wired or wireless communication networks on the one part, and the relevant Internet access provider(s), on the other part.

Lastly Piscines MAGILINE shall assume no liability for any direct or indirect loss sustained as a result of logging in to the Client dedicated space.

  1. SERVICE operation

The Services and their respective features including, mobile/tablet applications that may be downloaded by the Client, and logging to the Client Space, may change over time. If such changes occur, an information notice for the attention of the Client, will be appearing on the screen when first logging in after that change.

Adherence to the iMAGI-X Services is subject to its own rules and such services constitute separate and independent services from other services that may be otherwise available to the Client and supplied by the Retailer, or any other professional service provider.

The Support Operator may at any time, choose to launch maintenance operation that may result with the temporary unavailability of the Services. A special notice will be given to this effect, to all activated Client Spaces.

Access to the iMAGI-X Services and to the Client Space is protected by personalized security features including personal and confidential login and password, that will be provided by the Support Operator to the Client, when adhering to the Services. Access to the Services and to the Client Space require the use of a personal code.

Such personalized security features are provided by the Client who will alone be responsible therefor. The use of such features is strictly personal, and the Client shall be liable therefor.

In case of loss of the personal code, the Client may request that the blocking of its personal space by using the iMAGI-X Application, or sending a request to this effect, at the address of the Support Operator (webmaster@MAGILINE.fr). The Client Space will be blocked as from receipt of such request and a new code will be generated and sent, if the Client so requests.

The Client may change its password at any time including, without limitation, in case of loss, fraudulent use or suspected fraudulent use by a third party of the personalized security features.

The Support Operator may suspend the Services for reasons that are related to the Application safety, any fraudulent use or suspected fraudulent use of the Client Space, or for service maintenance purposes. The Support Operator shall promptly inform the Client of such suspension of services and of the reasons therefor, to the extent possible.

The Support Operator shall restore access to the Services as soon as the situation is remedied.

  1. data sharing
    1. client data Consultation

The Client may at discretion, choose to enable or disable his/her Client Space, subject to article 5 above. The Client may also manage, and as the case may be, amend information on Settings and remotely control or set up the Devices.

    1. support operator data Consultation

Client access to the Services and Client Space creation, require access for the Support Operator to the Client’s Pool Data. Data history shall be kept and retained in strict compliance with the Privacy Policy applied by Piscines MAGILINE.

As a consequence, and for the purposes of accessing to the Services, the Client expressly acknowledges that the Pool Data may be used by Piscines Magiline in connection with any malfunction analysis conducted in relation to the iMAGI-X Unit, and that such data may reveal inappropriate usage based on the User Guide supplied by Piscines MAGILINE.

    1. retailer data Consultation

For optimal use of the iMAGI-X Unit, the Pool Data may be provided to the Retailer if the Client agrees to it.

If the Client so agrees, the Pool Data will be available to the Retailer and the latter will also get access to Hazard Notices. In such case, the Retailer may contact the Client to offer a solution. Such intervention will be governed by a maintenance contract if any such agreement is entered into between the Client and the Retailer. Failing that, the Retailer will not be required to offer a solution to the Client unless expressly requested by the latter. If the Client agrees to share the Pool Data, the latter will be informed that such data may be used by the Retailer in connection with any malfunction analysis conducted in relation to the iMAGI-X Unit, and that such data may reveal inappropriate usage based on the User Guide supplied by Piscines MAGILINE. Besides, if Pool Data sharing is agreed upon with the Retailer and provided that the Retailer opts for the Video Call services referred to in article 3.1.2, the latter may offer to the Client, in case of malfunction of the Unit, the conduct of a remote diagnosis by means of a video call made via the Application. To this end, the Client will have to accept the Retailer’s invitation and allow the call launch.

Caution, if Pool Data sharing is denied, the Retailer will not have access to the Pool Data and therefore, will not receive the Hazard Notices. In such circumstances, the Client will alone be responsible for taking care of the pool and of such Notices, and for taking appropriate measures.

The Client may reverse the option as to whether or not sharing the Pool Data with his/her Retailer, at any point in time, via his/her personal space on the iMAGI-X Application.

For the avoidance of doubt, and in accordance with the consent given by the Client when signing the purchase order, the default option is “Pool Data sharing” and the Client may change such option, when logging to the Services, via his/her Client Space.

  1. notices
    1. hazard notices (mandatory)

Hazard Notices will be given to the Client by an e-mail sent to the address used for creating the iMAGI-X Client Space. Such notices will be given whenever any functionality is either blocked or stopped (the “Hazard Notices”). When setting the Application, the Client will be offered to receive Hazard Notices also by notice given on his/her mobile phone.

The Client may accept or decline Hazard Notices being given on his/her phone via the iMAGI-X Application.

 

    1. warning notices

Warning Notices will be given, at the Client’s option, by an e-mail sent to the address used for creating the iMAGI-X Client Space. Warning Notices exclusively relate to non-blocking malfunctions (the “Warning Notices”). When setting the Application, the Client will be offered to receive such Warning Notices also by notice given on his/her mobile phone.

The Client may accept or decline Warning Notices being given on his/her phone via the iMAGI-X Application.

For the avoidance of doubt, neither Hazard Notices nor do Warning Notices, create any obligation or responsibility on the part of Piscines MAGILINE, which remains the Support Operator of the iMAGI-X Application.

    1. geo-tracking

The use of the iMAGI-X Application requires WIFI and/or Bluetooth activation by the Client, which entails the collection of personal data.

Besides, certain Notices require geo-tracking activation on the Client’s mobile phone. Regarding also personal data, the Client’s consent will be required prior to the activation of geo-tracking, and the latter may deny the use by the iMAGI-X Application of his/her mobile geo-tracking data.

The refusal to activate geo-tracking on the Client’s mobile phone may restrict access to certain contents or features.

  1. data usage

The purpose of access to Pool Data is:

  • for the Support Operator, to fulfill its duties as Support Operator,
  • for the Retailer, to make suggestions or recommendations, give advice and/or make commercial offers to the Client.

 

At no time does such access to Pool Data:

  • create any responsibility or liability for the Support Operator or the Retailer, to take any action,
  • create any responsibility or liability for the Support Operator or the Retailer, to analyze and review the Pool Data,
  • more generally, and even though the Retailer conducts an analysis of the data collected, may have the purpose or effect, even implicitly or indirectly, to create any obligation vis-à-vis the Client, to report anomalies or malfunctions affecting the Devices or warn or advise the latter on the actions to be taken to remedy such anomalies or malfunctions, unless otherwise expressly agreed upon in a separate agreement for services to be entered into with the Retailer.

 

The Client will alone be responsible for interpreting the Pool Data collected or seeking advice from a professional and checking whether the data collected is accurate.

  1. liability

The Client accepts the Services as they are currently in operation and in view of their current performances. As a consequence, the Client shall assume all risks inherent in the Internet device and its use, and in any network failure.

The iMAGI-X Services are strictly limited to conferring a right of access for the Client, to the Client Space.

The Client will alone be responsible for the data collected on his/her Client Space, its analysis and use. In addition, the Client will alone be responsible for all control orders remotely made to the Devices and for their proper execution by such Devices.

The accuracy, consistency and reliability of the data collected by the iMAGI-X Unit, as well as the proper performance of all control orders by the Devices, are conditional upon, and subject to, strict compliance with the requirements specified in article 3.1 of the above General Presentation of the iMAGI-X services. The Client should, therefore, regularly ensure on site, that the pool location, equipment and Device as well as, the site layout, are in strict accordance with the instructions made in the iMAGI-X Unit User Guide and do not adversely interfere with the remote transmission/reception of control orders.

The Client shall remedy any observed defect or malfunction affecting the equipment or Devices, and shall make all necessary repairs, changes or replacements in relation to such equipment and Devices by referring to the Retailer.

The Client may also, as the case may be, make any claim under the manufacturer’s warranties in relation to defective equipment or Devices.

If the Client deems it necessary, the latter may also enter into any maintenance agreement with any specialized servicer or insurance policy, that he/she deems appropriate.

Piscines MAGILINE shall not be liable for service interruptions that are due to maintenance operations or circumstances that are outside the control of the Support Officer and that prevent the proper operation of the Services, the accidental transmission of viruses and other technical issues that are related to the poor operation of the pool’s equipment and Devices or telephone or power network failures.

  1. no warranties

In view of the foregoing, Piscines MAGILINE gives no warranty of any kind other than the statutory warranties that may be applicable pursuant to the law. In addition, Piscines MAGILINE makes no additional commercial warranty or representation.

In particular, Piscines MAGILINE:

  • makes no warranty or representation to the Client as to the continued, uninterrupted or safe access to the Services.
  • makes no express or tacit warranty or representation to the Client as to the consistency, accuracy, reliability, completeness, suitability or efficiency of the Pool Data collected by the Unit nor does it make any express or tacit warranty or representation to the Client, as to the effectiveness of the control orders transmitted to the Devices whether or not, based on information available on the Client Space.

 

  1. pool owner change

In case of transfer of ownership title to the pool, the Client shall not transfer the benefit of his/her adherence hereto, to the relevant transferee. The Client shall give prompt notice to the Support Operator, of such transfer, in order for the Support Operator to close the relevant Client Space.

The Client may inform the new owner of the existence of the Services provided by the iMAGI-X Unit. If such new owner wishes to benefit from such Services, the latter shall contact Piscines MAGILINE with a view to creating a new dedicated Client Space.

  1. Retailer’s leave from the MAGILINE network

In order for the Client to maintain a continued relationship with a Retailer using the iMAGI-X Application, the Client may ask Piscines MAGILINE for support from another Retailer with whom it will share the Pool Data. The Client will then inform the Support Operator of whether he/she wishes to share information available on his/her Client Space with such Retailer. In such case, the Support Operator will provide the newly approved Piscines MAGILINE Retailer with the information available on the relevant Client Space.

  1. INTELLECTUal property

Piscines MAGILINE is the owner of the Application. The Application and any components thereof are protected by copyright.

The Client acquires no intellectual property rights on software. The Client is only granted a right to use the software on a non-exclusive basis, for its own benefit, and in accordance with the documentation supplied.

At no time may the Client either rent, lend or transfer any right on software to any third-party.

At no time may the Client amend, reproduce, adapt, distribute, publicize or translate such rights nor dismantle, decompile or attempt to re-create any of the source codes derived from such software.

 

 

  1. DURation and SUSPENSION of SERVICEs

The Client may cease to use the Services at any time and seek closure of his/her Client Space, from the Support Operator.

Piscines MAGILINE may not deny access to the Services for the Client except in case of abnormal behavior when exercising the relevant right of access, inappropriate use, willful misconduct or gross negligence or in case of malfunction, deterioration or repeated errors in connection with the use of the Services. A termination notice will be given to the Client and the Client Space will be closed and therefore, access to the Services will be denied.

The Support Operator may also, without termination of the Client’s adherence, and subject to prior notice being given, suspend access to the Services for safety reasons, and deny access to the Client Space for the necessary time and until the situation is remedied.

  1. consumer Médiation

In accordance with articles L616-1 and R616-1 of the French Code de la consommation, in the event of a dispute arising in connection with the use of the Services, the Client may initiate mediation proceedings and refer to the consumer mediator that has jurisdiction over Piscines MAGILINE. The details of such mediator are available at:

https://www.economie.gouv.fr/mediation-conso/liste-des-mediateurs-references

 

 

PRIVACY POLICY

PISCINES MAGILINE – iMAGI-X

 

  1. PURPOSE OF THE data PROCESSING (PURPOSE AND legal grounds)

Piscines MAGILINE, a company whose registered office is situated at 3 rue du Labourat - ZAC des Ecrevolles 10000 Troyes France (RCS Troyes 439 450 933), is the owner of the iMAGI-X application that may be downloaded to smartphones or tablets. The words “Us” or “Our” hereinafter refer to Piscines MAGILINE. The iMAGI-X services are a technology that enables to remotely monitor and control some pool equipment (the “Services”). The Services require at least, one electrical unit, the iMAGI-X Unit, that is installed into the Client’s pool and that is connected using the equipment selected by the Client. The iMAGI-X Unit provides and transmits certain data and orders to the smartphone iMAGI-X Application.

In this context, data is recorded and processed in a client data file.

The information collected in such data file is aimed at the following:

  • supplying the iMAGI-X Services by storing and making the data available for client consultation. It is also useful for:
    • issuing warnings to the client in case of malfunction or failure,
    • taking the necessary actions in case of fraudulent use of the client space.
  • conducting marketing operations (loyalty programs, promotional events) and:
    • serving personalized advertising by e-mails, text messages or regular mail to clients agreeing to it and in relation to (i) similar products, (ii) other products offered by the company.
    • transferring the client data subject to the client’s prior consent, to commercial partners of Piscines MAGILINE, in order for the latter to serve advertising messages.
  • managing and developing efficient commercial relations with clients.

 

  1. legal basis
  • Service Management: this processing is legally based on consent (see article 6.1.a) of the European Regulation on data protection) of the client, such consent being given upon the creation of the client space, using the iMAGI-X mobile application.
  • commercial mailing on similar products to those already purchased by the clients: this processing is legally based on the legitimate interests of the company (see article 6.1.f) of the European Regulation on data protection) namely, promoting Piscines MAGILINE’s products with the clients.
  • commercial mailing on other products proposed by the company: this processing is legally based on consent (see article 6.1.a) of the European Regulation on data protection).
  • communication of the clients’ e-mail addresses to commercial partners: this processing is legally based on consent (see article 6.1.a) of the European Regulation on data protection).

 

  1. type of data processed

When creating the client space, the following data is collected:

  • Identity data: name, surname, address, telephone number, e-mail, date of birth, processing internal code that identifies the client.

When using the iMAGI-X application, the following data is collected:

  • Pool Data:
    • water temperature, Air, PH and Redox levels.
    • pool statistics (water volume, treatment duration, water filtration, product consumption).
    • setting equipment (box, camera, connected speakers, and other products, etc.).
    • List of equipment and operation status.
    • historical data (actions taken, events related to the use of the smart equipment, notices, etc.).
  • Other data: IP address, product custom name, video call historical data (no records of video calls kept by PISCINES MAGILINE), network settings.

 

  1. data recipients

The iMAGI-X client department and the sales department of Piscines MAGILINE are the recipients of all the data processed.

The retailer of the iMAGI-X Unit, will receive, subject to the client’s consent, the Client’s identity and some Pool Data.

Subject to the client’s consent, the client’s e-mail addresses will be provided to our commercial partners (list of commercial partners regularly updated).

 

  1. data retention
  • Pool Data

The data will be kept for so long as the client uses the Services.

After use of the Services, and absent any other reason for continuing the data processing, information will be kept for a period of five (5) years, including, without limitation, pursuant to applicable statutes of limitation or as the case may be, with a view to processing any claim or request that pertains to the services provided.

 

  • Data processed for the purpose of loyalty programs and prospection

The personal data of the clients is kept for the period of use of the Services plus 3 years, for organization and prospection purposes, without prejudice to any applicable retention requirements or statutes of limitation.

 

  1. CLIENTS’ rights
  • Marketing communications from Piscines MAGILINE

If you no longer wish to receive advertisement messages from Piscines MAGILINE (exercise of the right to object to the processing or withdraw consent), please contact us at the addresses referred to hereafter.

  • Newletters

You may at any time change your options and unsubscribe to the newsletters by un-ticking the relevant box from your client space.

  • Marketing communications from commercial partners

If you no longer wish to receive any advertisement messages from our commercial partners, please contact us at the addresses referred to hereafter.

  • Exercising your rights in connection with the protection of your personal data

You may get access to your data, amend it or even erase such data. You may also seek data portability or limitation of the processing of your personal data (see the cnil.fr website for more information on your rights).

If you wish to exercise such rights or if you have questions on the processing of your personal data by our company, you may contact:

  • by e-mail: webmaster@magiline.fr
  • by regular mail: sent to Piscines MAGILINE - 3 rue du Labourat - ZAC des Ecrevolles 10000 Troyes.

 

  1. complaints before the CNIL

If after being contacted by Piscines MAGILINE, you find that your rights in relation to your personal data, have been infringed upon or otherwise violated, you may make an online complaint to the CNIL.

  1. effectiveness of this privacy policy

This Privacy policy was last updated in March 2021.

We may amend this policy at any time, to provide updated information on the way we collect and process your data. As the case may be, we will inform our clients by changing the date specified on top hereof, and in such circumstances, we will give you notice thereof (for instance, by making a specific notice on the homepage of our website or by e-mails sent to our clients).

We encourage our clients to consult our Privacy Policy and stay informed about our practices in respect of personal data protection, and on the methods implemented and with a view to controlling the use of their personal data and protecting their privacy.

Personal data is protected by technical and organizational measures that are in accordance with applicable legal and regulatory requirements in France and in Europe, and that maintain data security and privacy.

 

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