Terms and conditions of use

Definitions

Client: any professional or natural person capable of acting within the meaning of the law, or legal entity, who uses the application that is the subject of these general conditions.
Services: the Dcare application made available to Clients.

Content: All of the elements that make up the Dcare application, including text, images and videos.

Customer information: Hereinafter referred to as "Information (s)" which correspond to all personal data that may be held by Domintell SA for the management of your account, customer relationship management and for analysis and marketing statistics.

User: User of the Dcare application, using the above-mentioned application.

Personal information: "Information which allows, in any form, directly or indirectly, the identification of the natural persons to whom it applies".

The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the EU General Data Protection Regulation (GDPR: No. 2016-679)

1. Presentation of the Dcare application.

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the Dcare application are informed of the identity of the various parties involved in its implementation and monitoring:

Owner: DOMINTELL SA Share capital of 792570,96€ VAT number: BE0429942701 - rue de la Maîtrise 9 1400 Nivelles
Publication manager: DOMINTELL SA - info@domintell.com
The publication manager is an individual or a legal entity.
Webmaster: Nicolas Vryghem - info@dcare.be
Hosting: ovh - 2 rue Kellermann 59100 Roubaix +33 9 72 10 07
Data Protection Officer: Thomas Houlette - info@dcare.be

2. General terms and conditions of use of the application and the services offered.

The application constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The Customer may not in any way reuse, transfer or exploit for his own account all or part of the elements or works of the application.

Use of the Dcare application implies full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time. Users of the Dcare application are therefore advised to consult them regularly.

This application is normally accessible to users at any time. However, Domintell SA may decide to interrupt the application for technical maintenance purposes. In such a case, Domintell SA will make every effort to inform the users of the dates and times of the intervention beforehand. The website https://www.dcare.be/ is regularly updated by Domintell SA. In the same way, the legal mentions can be modified at any time: they are nevertheless imposed to the user who is invited to refer to them as often as possible in order to read them.

3. Description of the services provided.

The purpose of the Dcare application is to provide a service for monitoring the well-being of individuals. Domintell SA strives to provide information on the https://www.dcare.be/ site that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies or shortcomings in the updating of such information, whether caused by itself or by third-party partners who provide such information.

All information on the site https://www.dcare.be/ is given as an indication, and is likely to evolve. Moreover, the information on the site https://www.dcare.be/ is not exhaustive. It is subject to changes that have been made since it was put online. The same applies to theDcare application.

4. Contractual limitations on technical data.

The Dcare application usesReact Native technology. The application cannot be held responsible for any material damage related to its use. In addition, the user of the application agrees to access it using recent hardware, free of viruses and with an updated device. TheDcare application and its service are hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: n° 2016-679)

The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure or if the Services generate traffic deemed to be abnormal.

Domintell SA and the host cannot be held responsible in case of malfunctioning of the Internet network, telephone lines and computer or telephone equipment, particularly due to network congestion preventing access to the server.

5. Intellectual property and counterfeiting.

Domintell SA is the owner of the intellectual property rights and holds the rights of use on all the elements accessible in the application, notably the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is forbidden, except with the prior written authorization of Domintell SA.

Any unauthorized exploitation of the application or any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of the Intellectual Property Code.

6. Limitations of liability.

Domintell SA acts as the editor of the application. Domintell SA is responsible for the quality and truthfulness of the contents it contains.

Domintell SA cannot be held responsible for direct and indirect damage caused to the user's equipment when accessing the Dcare application, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

Domintell SA cannot be held responsible for indirect damages (such as loss of business or loss of opportunity) resulting from the use of the Dcare application. Interactive areas (possibility to ask questions in the contact area of the linked site or to leave comments/opinions) are available to users. Domintell SA reserves the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in the European Union, in particular the provisions relating to data protection. If need be, Domintell SA also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in case of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph...).

7. Personal data management.

The Customer is informed of the regulations concerning marketing communication, the EU law of the General Data Protection Regulation (GDPR: No. 2016-679).

7.1 Persons responsible for the collection of personal data

For the Personal Data collected in the context of the creation of the User's Domintell account and his navigation in the application, the person in charge of processing the Personal Data is: DOMINTELL SA. Domintell SA is represented by Nicolas Vryghem, its legal representative.

As the person responsible for the processing of the data it collects, Domintell SA undertakes to respect the legal provisions in force. In particular, it is the Client's responsibility to establish the purposes of its data processing, to provide its prospects and clients with complete information on the processing of their personal data once their consent has been obtained, and to maintain a register of processing that is in conformity with reality. Whenever the Dcare application processes Personal Data, Domintell SA takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with respect to the purposes for which Domintell SA processes it.

7.2 Purpose of the data collected

The Dcare application is likely to process all or part of the data:

• to enable the use of the application and the management and traceability of the services ordered by the user: connection and usage data of the Cloud service, invoicing, order history, etc.
• to prevent and fight against computer fraud (spamming, hacking...): computer equipment used for navigation, IP address, password (hashed)
• to improve navigation in the application: connection and usage data
• to conduct optional satisfaction surveys on the Dcare application: e-mail address
• to conduct communication campaigns (sms, email): telephone number, email address

Domintell SA does not sell your personal data, which is therefore only used for statistical and analysis purposes.

7.3 Right of access, rectification and opposition

In accordance with current European regulations, Users of the Dcare application have the following rights:

• right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of Users' data right of blocking or deletion of Users' personal data (article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or conservation is prohibited
• right to withdraw consent at any time (Article 13-2c GDPR)
• right to restrict the processing of Users' data (Article 18 GDPR)
• right to object to the processing of Users' data (Article 21 GDPR)
• the right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
• the right to define the fate of the Users' data after their death and to choose to whom Domintell SA will communicate (or not) their data to a third party that they will have previously designated

As soon as Domintell SA becomes aware of the death of a User and in the absence of instructions from him/her, Domintell SA undertakes to destroy his/her data, except if their conservation is necessary for evidential purposes or to meet a legal obligation.

If the User wishes to know how the Dcare application uses his or her Personal Data, asks to rectify it or objects to its processing, the User may contact Domintell SA in writing at the following address

DOMINTELL - DPO, Thomas Houlette
rue de la Maîtrise 9 1400 Nivelles.

Or by email to the following address

info@dcare.be

In this case, the User must indicate the Personal Data that he/she would like Domintell SA to correct, update or delete, identifying himself/herself with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on Domintell SA by law, particularly with regard to the retention or archiving of documents. Finally, Users of the Dcare application may file a complaint with the supervisory authorities.

7.4 Non-disclosure of personal data

Domintell SA shall not process, host or transfer the Information collected on its Clients to a country located outside the European Union or recognised as "non-adequate" by the European Commission without informing the client in advance. However, Domintell SA remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).

Domintell SA undertakes to take all the necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client's Information is brought to the attention of Domintell SA, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, the Dcare application does not collect any "sensitive data".

The User's Personal Data may be processed by Domintell SA's subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to the data of Dcare Users are mainly our customer service agents.

7.5 Types of data collected

With regard to users of the Dcare application, we collect the following data that is essential for the operation of the service, which will be kept for a maximum period of 59 months after the end of the contractual relationship:

Name, first name, postal address, phone number, email

The Dcare application also collects information to improve the user experience and provide contextualized advice: Language settings

This data is kept for a maximum period of 59 months after the end of the contractual relationship.

8. Incident notification

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. Domintell SA cannot therefore guarantee absolute security. If Domintell SA becomes aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. Domintell SA is committed to fully informing its clients of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.

No personal information of the user of the Dcare application is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the repurchase of Domintell SA and its rights would allow for the transmission of said information to the eventual purchaser, who would in turn be bound by the same obligation of conservation and modification of data with respect to the user of the Dcare application.

Security

To ensure the security and confidentiality of Personal Data and Personal Health Data, Domintell SA uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, Domintell SA takes all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. Hypertext links, cookies and internet tags

The Dcare application contains a number of hyperlinks to other sites, set up with the authorization of Domintell SA. However, Domintell SA does not have the possibility of verifying the content of the sites thus visited, and consequently will not assume any responsibility in this regard.

Unless you decide to deactivate the cookies, you accept that the site may use them. You can deactivate these cookies at any time and free of charge using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.

9.1. "COOKIES

A "cookie" is a small information file sent to the User's device and stored within the User's terminal (e.g. computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet service provider, the User's operating system, and the date and time of access. Cookies do not damage the User's terminal in any way.

Domintell SA is likely to process the User's information concerning his use of the application, such as the pages consulted, the searches made. This information allows Domintell SA to improve the content of the application and the navigation of the User.

Since Cookies facilitate navigation and/or the provision of services offered by the application, the User may configure his or her device to allow him or her to decide whether or not to accept them so that Cookies are saved in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. The User may also configure his or her browser software so that acceptance or rejection of cookies is offered from time to time before a cookie is stored on the User's terminal. TheDcare application informs the User that, in this case, not all functions of the User's browser may be available.

If the User refuses the storage of Cookies in his/her terminal or device, or if the User deletes those stored there, the User is informed that his/her navigation and experience on the application may be limited. This could also be the case when Domintell SA or one of its service providers cannot recognize, for technical compatibility purposes, the type of device used by the terminal, the language and display settings or the country from which the terminal seems to be connected to the Internet.

Where applicable, Domintell SA declines all responsibility for the consequences related to the degraded functioning of the application and of the services that may be offered by Domintell SA, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for Domintell SA to save or consult the Cookies necessary for their functioning due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow the User to know how to modify his/her wishes regarding Cookies.

At any time, the User can choose to express and modify his/her wishes regarding Cookies. Domintell SA may also use the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Instagram appearing on the site linked to the Dcare application and if the User has accepted the deposit of cookies by continuing to browse the application or the site https://www.dcare.be/, Twitter, Facebook, Linkedin and Instagram may also deposit cookies on your terminals (computer, tablet, cell phone).

These types of cookies are deposited on your terminals only if you consent to them by continuing to browse the https://www.dcare.be/ website or mobile application. However, at any time, the User may revoke his or her consent to the placement of this type of cookie by the Dcare application.

Article 9.2. INTERNET TAGS

The Dcare application and its website https://www.dcare.be/ may occasionally employ Internet tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information about them, including the User's IP address) in a foreign country.

These tags are placed both in the online advertisements that allow users to access the Dcare application, and on the various pages of the application.

This technology allows Domintell SA to evaluate visitors' responses to the application or site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this application by the User.

The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site for Domintell SA, and provide other services related to the use of the Site and the Internet.

10. Applicable law and jurisdiction.

Any dispute relating to the use of the Dcare application is subject to Belgian law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Walloon Brabant.

11. Online shopping and right of withdrawal

The online buyer has 14 calendar days from receipt of the order (if the order is for a product) or from the conclusion of the order (if the order is for a service).

Within this period, the buyer must inform Domintell SA in writing that he/she wishes to cancel his/her purchase: by e-mail via info@dcare.be, by registered mail to Domintell SA - Rue de la Maîtrise, 9 - 1400 Nivelles or via the contact form. Without obligation to indicate the reasons for which he wishes to cancel his purchase