CGU - PLAY FOR PLANKTON
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TERMS OF USE AND PRIVACY POLICY OF THE GAME PLAY FOR PLANKTON

(The game PLAY FOR PLANKTON is published by Kaïros with share capital of 8 000 € having its registered office at 1er rue des Senneurs, 29900 Concarneau, France, and registered with the Nanterre Trade and Companies Register under number 493783427 for the benefit of the endowment fund Explore.

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ARTICLE 1 – SCOPE AND ACCEPTANCE OF THE TERMS OF USE OF THE GAME SERVICES

These Terms of Use (hereinafter referred to as the "Terms of Use") are drawn up in French and are intended to set out the rules governing the use of the PLAY FOR PLANKTON game (hereinafter referred to as the "Game") and the use of the services offered through the Game (hereinafter referred to as the "Services"), which the user (hereinafter referred to as the "Player") acknowledges having read and accepted without reservation when using the Game.

The Game is a mobile application available on the Apple App Store, Google Play Store and directly on the https://www.fonds-explore.org The Game allows users to sort plankton images. A description of the Game's features and rules is available within the Game.

The term "Player" refers to any person who accesses the Game, regardless of their location, the means by which they connect to the Game, or the purpose and intended use of their access to the Game.

The Services offered to the Player through the Game are as follows:

  • Creating a pseudonym.

  • Sorting plankton images using a "Connect 4" game mechanic.

  • Reading educational and informational content relating to plankton.

  • Resetting progress in the Game (the Player's pseudonym is deleted and the Player starts the Game again from the beginning).

This list is not exhaustive and may be amended at any time by the Publisher without incurring any liability in this respect.

The Publisher alone is authorised to determine the conditions under which any information incorporated into the Game is made available to the public, used and accessed.

The Player may not rely on any difficulty in accessing the Game where the Player fails to comply with these Terms of Use.

For a complaint to be considered, the Player must contact the Publisher by email at playforplankton@explore-jourdain.com specifying that the complaint relates to the Play for Plankton Game.

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ARTICLE 2 – ACCESS TO AND USE OF THE GAME

2.1 Creating a pseudonym

To access the Game and its Services, the Player must create a pseudonym when launching the Game for the first time. Each Player may create only one pseudonym per device used. The pseudonym may not be transferred to any third party by any means whatsoever.

If the Player uses the Game on several devices, they must create a pseudonym on each device.

The Publisher remains free to refuse any connection to the Game for legitimate reasons, including where the applicable eligibility criteria are not met or where the Game is unavailable.

By creating a pseudonym within the Game, the Player is automatically registered for the Game and undertakes, in this respect, to comply with the Game's features and Rules.

When creating their pseudonym, the Player undertakes not to:

  • Create a pseudonym on behalf of a third party;

  • Provide a pseudonym that is pornographic, promotional, contains personal information, or is insulting, disparaging, defamatory, abusive or discriminatory;

  • Impersonate a third party, for example by using that person's pseudonym;

  • Provide information that infringes the rights of third parties, including, in particular, the use in the pseudonym of another person's surname, trademark or elements of works protected by intellectual property rights or image rights, etc., or information that is contrary to public policy;

  • The Player must also have read the current version of these Terms of Use.

Any connection to the Game and use of the Game's Services by the Player shall be deemed to have been carried out by the holder of the relevant pseudonym and under their sole responsibility.

In the event of fraudulent use, loss, destruction or theft, the Player must notify the Publisher by email at playforplankton@explore-jourdain.com so that the Publisher can delete the Player's pseudonym and Game data. The Publisher shall not be held liable for any consequences arising from such fraudulent use, loss, destruction or theft.

For further information regarding the processing of personal data, please refer to the section of these Terms of Use relating to personal data.

2.2 Playing the Game

The Game and the information published therein are intended solely for:

  • Access to information provided by the Publisher;

  • Uses strictly limited to the Player's private, non-commercial purposes and not intended for collective use, whether free of charge or for payment.

2.3 Resetting progress in the Game

At any time, the Player may delete their pseudonym and Game data using the reset function provided in the Game or by submitting a request to the Publisher at the following address: playforplankton@explore-jourdain.com

The Player will then lose all of their progress. However, the impact of their actions will be retained, as the Game will keep a record of the classifications made.

The Player may, if they wish, create a new pseudonym and start again from the beginning.

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ARTICLE 3 – LIMITATION OF LIABILITY

The Publisher uses its best endeavours to ensure the accuracy and currency of the information made available through the Game, and reserves the right to correct the content thereof at any time and without prior notice. However, the Publisher cannot guarantee the accuracy, precision or completeness of the information made available through the Game.

The Game and the associated Services are, in principle, available continuously, except in the event of a scheduled or unscheduled interruption, for maintenance purposes, or in the event of an interruption due to force majeure. The Publisher shall not be held liable for any loss or damage or any partial or total interruption, regardless of its nature, resulting from even partial unavailability of the Game or the associated Services.

Accordingly, the Publisher accepts no liability for:

a) any interruption of the Game;

b) any errors or malfunctions occurring during use of the Game;

c) any inability of the Player to connect to the Game;

d) any problem arising from the Player's IT environment or incorrect configuration of their equipment, or from difficulties connecting to the Internet;

e) the lawfulness, integrity or quality of information transmitted by Players;

f) more generally, any direct or indirect loss or damage, regardless of its cause, origin, nature or consequences, caused by anyone's access to the Game or resulting from the inability to access it, the use of the Game and/or reliance placed on any information originating directly or indirectly from the Game.

In particular, the Publisher accepts no liability for any damage that may be caused to the Player's computer hardware, software or data as a result of accessing the Game, using it or downloading any of its elements (data, text, images, videos, sounds, etc.).

Each Player is responsible for taking all appropriate measures to protect their own data, software and hardware against contamination by viruses or other forms of attack that may potentially circulate through the Game or the information published therein.

Furthermore, the Publisher reserves the right, at any time, to suspend, modify or temporarily discontinue all or part of the Game and the Player's pseudonym in the event of maintenance work, technical failure, a breach of automated data processing systems, or difficulties relating to the Internet.

In the event of the permanent discontinuation of all or part of the Game, the Publisher shall inform the Player, without the Publisher incurring any liability as a result thereof.

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ARTICLE 4 – INTELLECTUAL PROPERTY

4.1 The Game

The Game and each of its constituent elements, including, without limitation, trademarks, designs, models, logos, texts and titles, images and photographs, audio and video elements, whether or not accompanied by sound, software, illustrations, etc., are protected throughout the world by applicable copyright and other intellectual property laws.

Unless otherwise provided herein, the Player is granted only the right to play the Game for their strictly personal and private use. Any use, reproduction, exploitation or representation of the Game, in whole or in part, or of any of its constituent elements, on any medium whatsoever, for any other purpose, in particular commercial purposes, is prohibited.

The Player is legally entitled to make short quotations, analyses and reproductions for press reviews, as well as any other uses expressly authorised by law, within the limits and subject to the conditions prescribed by law and, in particular, provided that the names of the authors and the editorial source are acknowledged.

Unless expressly authorised in advance by the Publisher, all reproductions, representations and uses other than those referred to above are prohibited, including:

a) any adaptation, making available to the public, whether at its request or otherwise, distribution, redistribution in any form whatsoever, networking or public communication of all or part of the works, performances, trademarks and any elements protected or capable of protection under intellectual property law reproduced in the Game;

b) any extraction or re-use, including for private purposes, of a substantial part of the contents of databases created through the Game;

c) any repeated and systematic extraction or re-use, including for private purposes, of even a non-substantial part of the contents of databases created through the Game;

d) any link, access, modification, addition or deletion affecting the automated data processing system used for online publication and altering the conditions of publication or the editorial policy.

4.2 The Player

By creating their pseudonym, the Player grants the Publisher, for the duration of their use of the Services, the right to reproduce, represent and use their pseudonym, in whole or in part, within the Game and on any advertising or promotional medium, including on the Internet, in print media, films, digital media, by terrestrial transmission, cable, satellite or television broadcasting.

These rights are granted to the Publisher for any reproduction, representation and public use for commercial or non-commercial, promotional or non-promotional purposes.

These rights are granted by the Player to the Publisher free of charge, on a non-exclusive basis and worldwide.

However, pursuant to Article 9 of the French Civil Code concerning the protection of privacy, the Player may object to the use of their pseudonym by sending an email to( contact-resolvit@lfdj.com.)

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ARTICLE 5 – BREACHES

Any Player who fails to comply with these Terms of Use may be subject to civil or criminal proceedings, including proceedings relating to infringement of trademark rights, copyright, related rights, database producers' rights and automated data processing systems.

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ARTICLE 6 – GAME ADMINISTRATOR

The Game Administrator is responsible for ensuring the proper functioning and security of the Game. Their duties include facilitating the implementation of these Terms of Use and ensuring the fair and responsible conduct of each Player.

For further information, the Player may contact: playforplankton@explore-jourdain.com

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ARTICLE 7 – HOSTING OF THE GAME

Game data is managed by Celsius Online. It is hosted by Oxeva SAS, located in France.

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ARTICLE 8 – PERSONAL DATA

No personal data is required to access the Game or its Services.

8.1 Data collected

A pseudonym is created by the Player when the Game is first launched.

Each pseudonym generates a unique anonymous identifier that makes it possible to identify the Player and their Game data listed below:

  • pseudonym;

  • name given to the mascot animal;

  • preferred badge;

  • status of the options (sound/music);

  • status of notifications, progress and achievements at the various levels;

  • status and number of plankton organisms classified;

  • information useful for badges (last connection, time spent playing, number of times information sheets have been opened, etc.).

This list is not exhaustive and may be amended at any time by the Publisher without incurring any liability in this respect.

8.2 Data retention

All such data is generated and stored locally within the Game, on the device used by the Player, for as long as the application remains installed.

Pseudonyms and Game data may appear publicly or be made public by the Publisher in order to enable the Game to function properly and to promote the Game.

All information provided may be disclosed to any competent authorities or bodies, as well as to the Publisher's data processors, for internal processing carried out exclusively on behalf of the Publisher.

In accordance with French Data Protection Act No. 78-17, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, Players have the right to restriction of processing, the right to object, the rights of access, data portability, rectification and erasure in relation to their personal data. These rights may be exercised by submitting a written request to playforplankton@explore-jourdain.com

For further information regarding personal data and your rights, you may also consult the website of the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL): www.cnil.fr.

8.3 Use of data

We do not collect information that makes it possible to identify an individual. However, we have used third-party services in the development of the application and for the collection of data intended to enhance the gaming experience.

These services may also collect data. Further information is available in their respective privacy policies:

https://www.google.com/policies/privacy

https://firebase.google.com/support/privacy

https://unity3d.com/legal/privacy-policy

8.4 Data deletion

At any time, the Player may delete their unique anonymous identifier, pseudonym and Game data using the reset function provided in the Game or by submitting a request to the Publisher at the following address: playforplankton@explore-jourdain.com

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ARTICLE 9 – COOKIE POLICY

A cookie is a small text file that may be placed and stored in a designated area of the hard drive of your device (computer, tablet, smartphone or any other Internet-enabled device) when you visit an online service. It enables the cookie provider to identify the device on which it has been stored and, for the duration of the cookie's validity, to retain certain information relating to your browsing activity, for example to facilitate navigation on a website, secure your connection or tailor the content of a page to your interests.

Other technologies with similar functionalities may also be used, particularly in environments that do not support cookies, such as mobile applications. The term "cookies" used herein applies to all such technologies.

For general information about cookies, you may consult the CNIL website: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/.

No cookies are placed on the Player's device through the Game.

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ARTICLE 10 – AMENDMENTS TO THE TERMS OF USE

The Terms of Use applicable are those in force on the date on which the Player connects to and uses the Game.

The Publisher reserves the right to amend, at any time, all or part of the provisions of these Terms of Use without prior notice or notification to Players, in order to adapt them to changes in the Services, technical developments, changes in legislation or case law, or the introduction of new services, without incurring any liability in this respect.

Any amendments made by the Publisher to the Terms of Use will be brought to the Players' attention and submitted for their acceptance through a dedicated pop-up window displayed when the Game is launched. The Player will be invited to review the amended Terms of Use in order to continue using the Services.

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ARTICLE 11 – GOVERNING LAW – JURISDICTION

Any failure by the Player, regardless of their location, to comply with any of the provisions of these Terms of Use and, more generally, any dispute or difficulty relating to their performance, interpretation or validity, shall be governed by French law and subject to the jurisdiction of the competent French courts.

In the event of any dispute arising between the Publisher and the Player in connection with the interpretation and/or performance of these Terms of Use, the parties undertake to first seek an amicable resolution through a preliminary conciliation phase.

If no amicable settlement can be reached during this conciliation phase and to the extent expressly permitted by law, the Player acknowledges, as a non-professional user, that any disputes that may arise between the Player and the Publisher shall fall exclusively within the jurisdiction of the courts of Paris.

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