iCare Sciences, a SAS with a share of €1,000, registered in the Marseille Trade and Companies Register under number 835 305 236 with its headquarters at 6, rue Pontévès 13003 Marseille, represented by Mr Chris HAYOT, as Chairman. (below-mentioned “iCare Sciences” or “we”), are committed to protect and respect your privacy when using its mobile applications (“Application” or “the App”) and its website (“Website”) https://www.neuralup-solutions.com (grouped in “ Platform”).
1. Personal Data Processing :
We collect three categories of information :
a. The information you directly provide;
b. The data we collect when you use the Platform;
c. Data collected through cookies.
a. The information you directly provide :
By using our Platform, you may be asked to provide us with information that is considered Personal Data.
When you create your account with an email address, you give us your email address and a password so that we can authenticate you and secure your data. We do not store this password, which is used only to create the account. We also record your first and last name, as well as your postal code and your city of domicile when you wish to communicate them to us. You can change this information at any time in the application settings, we will save your choice.
When you use our Applications, we save each diagnosis of the mood state defined, and each emotional score obtained (global or specific) with for each the date on which the test was performed. We also record a history of your sessions: relaxation, focus or sleep.
By contacting us, the data entered will be sent to us, such as the email address used, the content of the message, the technical identification of your account or any other data you may need to send us.
By using the contact form “Company” on our Site, you provide us with a contact name, email and/or telephone number to reach you, the company you represent and the number of people employed by it, followed by a comment if you wish to send us a message.
We offer subscriptions on our Platform. When you make a payment on the Platform we manage your payment via third-party payment services such as application stores available on mobile platforms. The platform used may collect certain financial information required for payment on behalf of iCare Sciences, such as your name, email address, postal address and other billing information.
When you write your feedback on Neural Up either through the application stores or directly in the Platform, we reserve the right to feature it by displaying your nickname, comment and given rating. By the way, we would like to thank you very much for your feedback, which helps us to improve our services.
b. The data we collect when you use the Platform :
When you use our Platform, we collect information about how you use it to enable the platform to operate and to continuously improve your experience.
When creating your account through Facebook , we collect the strictly necessary data for your authentication, such as an email address if it is provided on the social network.
When you register via our Applications, we record technical data on the device used (model, operating system version and preferred language set). We also store the version of the installed application and the date the account was created. We store this data to be able to compile technical statistics on the use of the Platform, to know in which language to talk to you and to help us to assist you in case of need. The account then created is associated with a unique technical identifier. The authentication mode (via email or Facebook) is preserved for possible troubleshooting by the user. Another unique technical identifier associated this time with the device used is also stored to save the theme chosen by the user on the same device or to define your preference for push notifications for this device.
In case the App crashes, a report is automatically sent to notify us of the new bug. This report provides us with your unique technical identifier, the technical information of the device and the version of the software used. This data helps us to reproduce and correct any errors in the Platform's software.
Each time you log into the Platform, we update the technical data of the software used as well as the technical data of the device used. This update is done to be able to compile technical statistics on the use of the Platform, to know in which language to write to you and to help us to assist you in case of need. Each new session is recorded in a user-specific history.
When you decide to restart your withdrawal, we save the history of the data you have entered we save the history of the data you have entered (old emotional data, previous quit date, history of sessions performed, technical information about the software and the device used) so that we can restore this data in case of handling errors on the one hand, and with a view to future functionalities to better assess the progress of the user in his Neural Up experience, on the other hand. If you delete your account, this data will be deleted, of course.
c. Information gathered through cookies :
A cookie is a small text file stored and/or read by your browser or application, stored in the cookie directory on your device's hard drive (PC, laptop or smartphone), and stored by the websites you visit. It contains a unique and anonymous identifier.
The cookies we use are:
The authentication cookies that allow you to access your personalised content and avoid the need to provide your username and password each time you log in to our Platform
The security cookies that will manage the payment process on our Site.
The analysis and performance cookies that allow us to identify and count the number of visitors to our Site and Apps and to collect information about how these are being used. This data collection enables us to improve the way our Site and Apps work and the overall content of our Services. These cookies also allow us to measure the effectiveness of our marketing efforts.
These cookies come from third-party services that we do not control. The Site uses Google Analytics to measure its audience. You can get more information about this by following this link: www.google.com/analytics. The use of Google Analytics cookies is subject to your consent and may be disabled at any time on the Site itself and in your browser settings.
We also use third parties in our Applications such as Firebase Authentication to allow you to stay connected without having to enter your usernames and passwords each time you log in. Firebase Analytics and Facebook Analytics are used to measure the use of the Applications and the effectiveness of our marketing efforts.
2. Purposes of personal data processing
Several purposes justify personal data processing and rely on the following legal bases :
b. Legitimate interest
d. Legal obligation
b. Legitimate interest
Another important reason why we need to process some of your information is that we seek to provide you with the best possible service, to improve it continuously, to protect your Personal Data, to solve technical problems, to establish statistics or to respond to your support requests.
In some cases, we ask for your consent before processing specific data.
Therefore, the processing of personal data that is carried out only after obtaining your consent (which can be withdrawn at any time) is as follows:
On our Site, you choose whether or not to allow the use of analysis and performance cookies. You can change this option in your browser and on the Site.
In our Applications, we ask you if we can send you push notifications to keep you informed of your progress or new features.
On the platform generally, we ask you if we can use your email address to send you personalised offers and the Neural Up newsletter.
Each choice can be viewed and modified ( respecting your right to object) in the settings of the application, mobile device, browser, Site or via a link in the emails sent.
d. Legal obligation
Finally, we may need to use your information to comply with the law, for example in the event of a valid judicial requisition, or when we need to take measures to protect our users, or just to respond to your request for a right of access, rectification and opposition or to your other rights regarding your Personal Data.
3. Storage, protection, sharing, possible transfers of your Personal Data and storage period
a. Storage et protection
c. Possible data transfers outside the European Union
d. How long your data will be kept
a. Storage et protection
Since the security of your information is of fundamental importance to us, we require an adequate and sufficient level of security according to the RGPD criteria for the storage of your data.
As far as sharing your data is concerned, it is very simple : we do not share any of your Personal Data with anyone ! Only iCare Science's authorised personnel will have access to your information and only for support purposes or to improve the services offered by our Platform.
If you use iCare Sciences for a scientific study, only the person in charge of that study will know your identity to preserve your anonymity. You will use an email address provided by the study supervisor to create your account, and we will not be able to identify you in any way. In this specific case, we may share this anonymous data with the study supervisor so that the study can proceed as agreed, under the conditions you have agreed with this supervisor.
c. Possible transfers of your data outside the European Union
Your data is not transferred outside the European Union, except for data transferred and stored on Firebase servers, a platform maintained by Google which is located in the United States of America and which complies with the Privacy Shield, in compliance with our criteria.
d. How long your data will be kept
We keep your data only during the applicable limitation periods.
This way, we preserve your data as long as you use our Platform. If you no longer use it for 12 months, we will delete all information about you in our possession after this period, except the data strictly necessary to defend our rights during the time of limitation of any action against ICARE SCIENCES.
In the same way, any information that we have been able to anonymise can be preserved indefinitely.
Finally, cookies on your devices are stored for a maximum period of 13 months.
We remind you that you have the right to request the modification and/or removal, for valid reasons, of your information at any time. For more details on this subject, please refer to section 4. Your rights.
4. Your rights
For us it is a priority that you keep control over your Personal Data. We would like to remind you that you have the right to access, rectify, object to, define directives concerning the fate of your personal data after your death and delete your data, as well as the right to limit their processing and the portability of the data.
A dedicated section in our Applications and on our Site allows you to modify your choices as to the processing subject to your consent. A link is present in each email that we send you to allow you to unsubscribe from our newsletter. Finally, we respond to all requests concerning your Personal Data when you contact us by email at firstname.lastname@example.org or by post to the address : 6, rue Ponteves 13003 Marseille, en France, addressed to Mr. Chris HAYOT.
Finally, we would like to remind you that, if after contacting us you consider, that your rights in regards to your data are not respected, you have the possibility to file a complaint, in the event of a violation of the regulations applicable to the protection of Personal Data, before an authority such as CNIL the French supervisory authority.
5. Children's privacy
Our services are designed for people over 4 years of age. Children aged over 15 and below the age of majority in their country of residence must at least remain under the supervision and consent of their legal representatives. Otherwise, please do not attempt to use our Platform or services.
If you think we may have processed information from minors, please let us know at email@example.com for the removal of it.
7. Questions ?
If you have any questions about this Policy, do not hesitate to contact us, we would be pleased to answer to any request at firstname.lastname@example.org.
General Terms & Conditions
The website and the application enabling the use of the services offered by NEURAL UP are edited by iCare Sciences, a SAS with a capital of €1,000, registered in the Marseille Trade and Companies Register under number 835 305 236 with its registered office at 6, rue Pontévès 13003 Marseille, represented by Mr Chris HAYOT, as its Chairman.
Hosting company :
The website is hosted by OVH (2 rue Kellermann — 59100 Roubaix — France).
Publishing Director: Mr Chris HAYOT
NEURAL UP IS AN ONLINE SERVICE PUBLISHED BY THE COMPANY ICARE SCIENCES SAS, THAT PROVIDES RELAXATION, FOCUS AND SLEEPING CONTENTS. THE USE OF ICARE SCIENCES IMPLIES FULL ADHERENCE TO THESE GENERAL TERMS AND CONDITIONS: THE USER DECLARES THAT HE/SHE HAS READ AND ACCEPTED IN FULL THE PRESENT GENERAL TERMS AND CONDITIONS IN PLACE ON THE DAY OF HIS/HER REGISTRATION AT NEURAL UP.
ARTICLE 1 - Definition of the terms
Each of the expressions in the present general terms and conditions shall have the following meaning :
“solution(s)” refers to the infrastructure developed including data of different kinds, and in particular texts, sounds, still or moving images, videos, databases, intended to be consulted and accessible on the website, mobile applications and tablet applications known as NEURAL UP ;
“iCare Sciences” refers to the company iCare Sciences SAS, publisher of solutions ;
“content(s)” refers to the written material, images or messages of any nature exchanged on the solutions ;
“server” all the equipment used to implement the necessary functions for publishing, maintaining and uploading of the solutions ;
“user(s)” and/or “you” means the person who accesses and/or is registered to the solution ;
“subscription” refers to the paid subscription to advanced features for a defined period ;
“personal data” “processing” have the same meaning as in the French law known as “Informatique et Libertés” n°78-17 of 6 January 1978 as amended.
ARTICLE 2 - Objective
The purpose of these general conditions is to define the conditions under which the user can access and use the solutions. No derogation from these General Terms and Conditions may be accepted without the express prior agreement of iCare Sciences. The general conditions constitute the entirety of the existing commitments between iCare Sciences and the user and cancel any previous oral or written commitment relating to the subject matter hereof.
ARTICLE 3 - Enrolment requirements
Upon registration, the user undertakes to read these general conditions. He/she also commits to provide accurate and truthful information for the purpose of implementing the proposed functionalities. In particular, the user agrees to not create a false identity likely to mislead, or deceive third parties, and not to use the identity of another natural person.
In the event of the submission of inaccurate or misleading information and the usurpation of a user's identity, iCare Sciences may immediately and without notice or compensation suspend or terminate the user's subscription and refuse access, temporarily or permanently, to all or part of the features. iCare Sciences cannot be held responsible for the accuracy or inaccuracy of the information provided by the user. In the event of a change, the user undertakes to immediately update the data he/she provided at the time of online registration.
Since iCare Sciences does not have the technical means to verify the identity of people who subscribe as members, iCare Sciences is not responsible in the event of usurpation of a user's identity. If the user believes that a person is trying to steal his identity or account, he must immediately inform iCare Sciences at the following email address email@example.com. If it appears that a user distributes or uses his identifiers or avatars in a way which is contrary to their destination, iCare Sciences reserves the right to terminate the user's account without notice.
Minors are allowed to register on the solutions, provided that they have obtained prior consent from their parents or, when applicable, their guardian, to do so. iCare Sciences reserves the right to request written justification at any time, and to carry out any checks, as well as to delete any member account, in the event that such justification is not provided within the time limit set. iCare Sciences will immediately delete any member account upon receipt of a parental request to close the said account and the related content.
ARTICLE 4 - Login details
When registering, the user must enter his email address and choose a password. The user is responsible for the correct entry of his connection information, if the user provides incorrect information, iCare Sciences cannot be held responsible.
These login details are intended to restrict access to the solutions to the user, to protect the integrity and confidentiality of the data exchanged, they are personal and confidential. The user is entirely responsible for maintaining the confidentiality of his member account, he undertakes to do everything possible not to disclose his login details, in any form whatsoever, including not to record them on any medium, paper or electronic, which could easily be consulted by a third party. He/she alone shall bear the consequences that may result from the use of these credentials by third parties who have become aware of them. Reference is made here to the “advice from the CNIL for a good password” as well as to the ANSSI's recommendations.
The user must immediately notify iCare Sciences in the event of fraud or unauthorised use of his account at the following email address firstname.lastname@example.org.
ARTICLE 5 - Solution use
The user is not allowed to:
to use the solutions under conditions that may damage, overload or alter them ;
to extract or collect information about other users ;
to steal identities ;
to encourage the practice of illegal, threatening or obscene activities ;
to download viruses or other malicious code on solutions ;
to intimidate and harass, in any way, other users ;
to suggest or recommend training content to the community other than those proposed on the solutions.
OTHERWISE, ICARE SCIENCES RESERVES THE RIGHT TO TAKE ANY NECESSARY ACTION, INCLUDING LEGAL ACTION, AND IN PARTICULAR TO SUSPEND OR REFUSE ACCESS TO THE PLATFORMS OR TO DELETE THE USER'S ACCOUNT.
ARTICLE 6 - Advanced features and services
THE USER MUST HAVE A PREMIUM SUBSCRIPTION TO ACCESS THE ADVANCED FEATURES. ALL OTHER FEATURES ARE AVAILABLE TO THE USER FREE OF CHARGE.
(a) Advanced features content :
The solutions provide advanced features that are accessible via the paid subscription of a package called "Neural Up". the following features are available :
Access to all relaxation, focus and sleep sessions;
Access to all the music offered for each session: classical music, electronic, jazz, acoustic, ambient, RnB, pop, folk, etc ...;
The possibility of carrying out a diagnosis of mood state (simple or complete) before and after each session. This allows the user to monitor their daily mood state;
Access to popular scientific articles to learn how to better manage stress;
Access to new musical playlists added to each of the relaxation, concentration and sleep sessions (> = 1 playlist / session / week);
Access to new scientific articles dealing with stress, its manifestations and management mechanisms (> = 1 article / week).
The subscriptions have a price and a duration, they are displayed in the application.
(b) Technical assistance :
iCare Sciences provides the user with technical assistance, any assistance request will be directly addressed to iCare Sciences, at the following address email@example.com, or directly by using the contact form located in the solutions.
(c) Revewal :
The Subscription will be renewed on its due date, under the same conditions of duration and price as the original Subscription, unless a notification requesting cancellation has been sent by the customer prior to the expiry date of the current Subscription, as specified in article 7 "Cancellation". In the specific case where the User paid a special promotional price when they originally took out a Subscription, the Subscription will be renewed at the end of its term at the price corresponding to the original, undiscounted price of the subscription purchased. iCare Sciences will display the end date for the Subscription and a link for the cancellation of the said Subscription on the account details page of the customer's personal account on the Neural Up website.
(d) Order :
The procedure for ordering consists of 3 steps :
The choice of the Subscription ;
The provision of bank details in order for the electronic payment of the order to be carried out ;
The validation of the order after verification by clicking on the button "CONFIRM ORDER" ;
All prices are indicated in euros (€), all taxes included and take into account the rate of VAT applicable on the day on which the order is confirmed. The parties agree that any modification to the rate of VAT may also modify the price of the Subscriptions. iCare Sciences reserves the right to change the terms of payment and invoicing without such changes modifying the conditions in force on the day of the Subscription was taken out.
Any order where there has been a problem with the payment will not be processed. The totality of the order process is carried out on a secure page using the HTTPS protocol.
In accordance with article 1127-2 of the French Civil Code relating to the conclusion of a contract in electronic form, the client can view the details of their order and the total price, before confirming this and thus expressing their acceptance. The contract will be concluded, in application of the provisions of the French Civil Code, as soon as the client has clicked to confirm the order after having been given an opportunity to correct it. The language proposed for the conclusion of the contract is the English language.
Electronic contracts and texts are conserved in accordance with the conditions laid down in article 1366 of the French Civil Code.
(e) Failure to pay :
In the event of a failure to pay when a Subscription is renewed, iCare Sciences will try again to obtain payment on the following day and days, and this until they are able to obtain the payment due, to recover the amount unpaid, and this for the duration of the contract.
(f) Law and right of withdrawal :
As an exception to the terms of article L. 221-18 of the French Consumer Law (Code de la Consommation), the 14 day period during which the right of withdrawal may be exercised is not applicable. The right of withdrawal does not apply to digital content supply contracts that are not provided on physical devices whose service began after the consumer's prior express consent and express renunciation of their right of withdrawal in accordance with article L. 121-28, paragraph 13 of the French Consumer Law (Code de la Consommation).
(g) The specific case of purchases made via the mobile and tablet applications :
(h) Hosting :
The solutions are hosted by Google. Cloud Platform, acting on behalf of iCare Sciences.
ARTICLE 7 - Cancellation
The User may cancel the renewal of their Subscription at any time, at the address https://www.neuralup-solutions.com/account. The User must click on the link "Unsubscribe". This request for cancellation must be carried out by the User before the expiry date of their Subscription, without which the Subscription will be renewed automatically. iCare Sciences reminds the User that such cancellation does not include any refund of any period of the Subscription remaining outstanding. In the event of any breach of their contractual obligations by either of the parties, the Subscription may be cancelled as of right by the other party after the sending of an electronic message that has remained without effect for a period of one month. The message will indicate the breach or breaches observed.
iCare Sciences is committed to ensuring that the privacy of its users is protected in accordance with applicable regulations and in accordance with its Personal Data Protection Policy. The user acknowledges that he/she has given his/her consent to the collection and processing of his/her personal data by creating an account. The processing operations carried out have been declared to the CNIL under number 2115201.
Users are required to comply with the stipulations of the Data Protection Act mentioned above, the violation of which may lead to criminal sanctions. In the case of personal data to which they may have access, they must refrain from any collection, misuse or, in general, any act likely to harm the privacy or reputation of individuals.
The user has the right to oppose, access and rectify data concerning him/her. He or she may thus require that information concerning him or her that is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. To exert these rights, the user can send his request directly to iCare Sciences at the following e-mail address firstname.lastname@example.org. iCare Sciences reminds users that they may also object, for legitimate reasons, to the processing of this data.
The user is responsible for the quality, lawfulness and relevance of the personal data communicated to iCare Sciences. He guarantees that he has carried out all the obligations that apply to him, and that he has informed the natural persons concerned of the use that is made of the said data.
As such, he or she warrants iCare Sciences against :
any action, complaint or claim from a natural person whose personal data is being processed ;
at first request against any prejudice resulting from a third party's claim for a breach of this guarantee…
ARTICLE 9 - Copyright
All solution elements, brands, logos, drawings, graphics, graphic charts, icons, texts, training and nutrition content, applications, scripts, functionalities, as well as their selection or combination appearing on the solutions, are the exclusive property of iCare Sciences, and are subject to protection under applicable copyright and industrial property laws.
iCare Sciences grants the user only a strictly personal, non-exclusive, and non-transferable right of use of all elements of the solutions, which does not entail any transfer of the rights referred to above. As such, the user shall refrain from any use contrary to their purpose, namely the regular use of the solutions, in particular, to copy, reproduce, modify, distribute, display or sell, by any means or form whatsoever, in whole or in part, any element of the solutions, for any purpose whatsoever, including commercial, without iCare Sciences's prior written consent. In the absence of such authorisation, iCare Sciences may immediately terminate and delete the user's account without justification, and without refund, with or without cause, without notice, and take any appropriate action, including legal action.
All elements of the solutions, including their documentation, remain the full property of iCare Sciences. The user is expressly forbidden to use the elements of the solutions in a manner that does not comply with these conditions, including the following :
any reproduction of the solutions, in any way and on any medium whatsoever, in particular by modification, merging or inclusion in another software and/or alteration of the documentation that comes with it ;
any translation, adaptation or arrangement of solutions ;
any supply of solutions, in whole or part and by any means ;
any change to or intervention in the solutions, of any nature whatsoever, including to correct errors likely to affect the functioning of the solutions, provided that the right to correct such errors is reserved solely to iCare Sciences ;
any disclosure, marketing or use of the solutions for the benefit of third parties as well as any training of others in the use of all or part of the solutions.
IN THE EVENT OF ANY INFRINGEMENT OF ITS INTELLECTUAL PROPERTY RIGHTS, ICARE SCIENCES HAS THE RIGHT TO BRING AN ACTION FOR COUNTERFEITING EITHER BEFORE THE CIVIL OR ADMINISTRATIVE COURTS TO OBTAIN COMPENSATION OR BEFORE THE REPRESSIVE COURTS TO OBTAIN CRIMINAL SANCTIONS. THE VIOLATION OF COPYRIGHT CONSTITUTES THE OFFENCE OF COUNTERFEITING PUNISHABLE BY A FINE OF 300,000 EUROS AND 3 YEARS' IMPRISONMENT. ADDITIONAL PENALTIES, SUCH AS CLOSURE OF THE ESTABLISHMENT, CONFISCATION, PUBLICATION BY POSTING THE COURT DECISION, MAY ALSO BE IMPOSED.
ARTICLE 10 - Liability
The user guarantees iCare Sciences against any action brought against it or any complaint brought against it as a result of the use of the solutions in conditions that do not comply with these General Conditions. Besides, the user will be the only responsible for the use of his identification elements (email and password) by third parties, actions or statements made through his member account and guarantees iCare Sciences against any request in this regard. This guarantee covers any sum that iCare Sciences would be required to pay in any way whatsoever, including attorney's fees and legal costs recognised or ordered.
iCare Sciences will endeavour, as far as possible, to keep its solutions permanently accessible but cannot be held responsible for any failure to operate or for any inability to access the solutions due to external circumstances, in particular, the network or the way it is connected to the network. iCare Sciences may decide to interrupt access to its solutions for maintenance or update purposes. iCare Sciences will take all appropriate measures to ensure that the user is as well informed as possible of the interruption. iCare Sciences cannot be held responsible for the consequences of these interruptions for the user or any third party.
ARTICLE 11 - Non-compliance with these general terms and conditions of use
In the event of non-compliance by the user with any of the provisions of these general terms and conditions of use or the supply of inaccurate or misleading information, and/or the impersonation of a user, ICARE SCIENCES reserves the right to suspend or terminate the user's member account immediately and without compensation and to refuse access, temporarily or permanently, to all or part of the features.
ARTICLE 12 - General requirements
(a) Intuitu personae :
The present contract may not be modified, ceded, contributed or transferred in any form whatsoever.
(b) Independence of Clauses :
It is formally agreed between the Parties that any tolerance or waiver by one of the Parties, in the implementation of all or part of the commitments provided for in this document, whatever the frequency and duration, shall not constitute an amendment to this document, nor shall it be likely to create any right whatsoever. If a clause of the present contract is cancelled, its nullity shall not affect the other provisions, nor affect the validity of the present contract as a whole. The Parties shall then endeavour to amend the invalid provision so that it complies with the rule while respecting the balance and objectives of this Agreement.
(c) Force majeure :
The obligations stipulated in these general conditions shall be suspended in the event of an act of force majeure. iCare Sciences cannot be held responsible for any delay or non-performance of services. If the force majeure event lasts more than forty days, either party may terminate the current package with immediate effect, without compensation.
(d) Changes to this contract :
iCare Sciences reserves the right to modify these General Terms and Conditions. In this case, the user will be informed of these changes at the same time as the uploading of the new General Terms and Conditions.
iCare Sciences invites the user to refer to the General Terms and Conditions at each visit in order to consult the latest version of these Terms and Conditions available, at all times available online.
The user may, subject to prior notification to ICARE SCIENCES, voluntarily terminate the Services if he or she does not wish the contractual relationship to be governed by the new General Terms and Conditions.
ARTICLE 13 - Applicable law and dispute settlement
These General Terms and Conditions are governed by French law.
If any of the provisions of the General Terms and Conditions should be held invalid or declared invalid under any law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
In the event of difficulties in the interpretation or execution of this Agreement, the Parties shall endeavour to resolve their disputes amicably, in which case the Parties shall engage in mediation before proceeding with any legal action.
These General Terms and Conditions consist of 13 articles.