Privacy policy

APInea Privacy Policy of APInea.com 

Privacy Policy Effective date: February 23rd, 2018

APInea ("us", "we", or "our") operates the APInea.com website, its subdomains and the websites and applications developed by APInea (the "Service"), including APInea AI and APIneaHUB.

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you. APInea's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable

information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

Email address

Cookies and Usage Data

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include

information such as the type of mobile device you use, your mobile device unique ID, the IP

address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier.

Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyse our Service.You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.

However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.

Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

Security Cookies. We use Security Cookies for security purposes.

Use of Data

APInea uses the collected data for various purposes:

To provide and maintain the Service

To notify you about changes to our Service

To allow you to participate in interactive features of our Service when you choose to do so

To provide customer care and support

To provide analysis or valuable information so that we can improve the Service

To monitor the usage of the Service

To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on —

computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.

If you are located outside France and choose to provide information to us, please note that we transfer the data, including Personal Data, to France and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

APInea will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

APInea may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation

To protect and defend the rights or property of APInea

To prevent or investigate possible wrongdoing in connection with the Service

To protect the personal safety of users of the Service or the public

To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service

Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18.

If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change

becoming effective and updating the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us on https://apinea.com/contact 

Terms of service

User Agreement

Welcome to APInea, a service of APInea, a company registered in France under number 808957492 ("APInea", "we", "us", "our"), and our website and mobile applications ("Site"). Please read this document carefully because this User Agreement and Terms of Use (collectively, "Terms") describe the legally binding agreement between you and APInea on which we offer you access to the Site and our Services (collectively, the "Platform Service").

The Terms, including our Privacy Policy, are a contract between you ("you", "your") and APInea. If you use the Platform Service, you represent that you are at least 18 years old and have read, understood, and agreed to be bound by the Terms, regardless of the device or platform by which you access the Site. If you don't agree to the Terms or are under the age of 18, do not use the Site or the Platform Service.

We may modify the Terms (including our Privacy Policy) at any time in our sole discretion by posting amended Terms to the Site or by sending you an email. If you thereafter use the Platform Service, you will be deemed to have accepted the revised Terms. If you see the word "including" in the Terms, it means "including but not limited to".

Your Account

When you login to send a gift, you agree that you are responsible for any and all uses of your account, whether or not you've authorised such use; to keep confidential all aspects of other Users' account information that you may have access to; to immediately notify us of any unauthorised use of your account; and that you will not use the Platform Service for any unlawful or otherwise prohibited activity.

APInea Platform Service

The Platform Service may allow you to easily purchase and request services (“Services”) for yourself or someone else, the gift recipient (“Recipient”), (collectively “Users”).

Services are issued by a particular third-party merchant or retailer (“Retailer”), and Services may be delivered to the Recipient via email, text, mail, or via our Web or Mobile Application. All aspects regarding the use and redemption of Services are subject to the applicable Retailer’s policies. To use the Platform Service, a User may need to register an account with APInea. To purchase a Service, a User will choose a Service, choose a purchase amount, optionally personalise the Service, complete the purchase process. To purchase you must use a valid payment method, such as a credit card or accepted alternate payment method.

You should not authorise any other person or entity to use your unique User ID. You are responsible for preventing such unauthorised use. You are solely responsible for any and all access to the Site and your use of the Platform Services. If you become aware of any unauthorised activity, please notify us immediately.

You and other Users provide information and other content to the Site via the Platform Service ("Content"). We do not control, endorse or verify any Content. You understand that we may use your Content to provide the Platform Service and for statistical, analytical, reporting and other purposes (see our Privacy Policy).

We reserve the right to cancel a User account at any time for any reason in our sole discretion. User accounts may be cancelled for several reasons, including but not limited to:

Submitting any unlawful, harassing, libellous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable Content

Any sexually explicit Content

Language or User conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation

Posting any unsolicited or unauthorised advertising, "spam," or junk mail, including "chain letters" and "pyramid schemes"

Submitting any Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right

Uploading a virus or Content designed to disrupt, limit, or damage any functionality of any computer software or hardware

Posting Content originally posted by another User without permission or attribution

If we, in our judgement and sole discretion, deem it appropriate.

If there is content that is objectionable for any of the above reasons or otherwise, please let us know by contacting us via the contact link provided on the Platform Service. We will review your concerns, but we have the right in our sole discretion to make the final judgement on whether any Term has been violated and to determine what, if any, action should be taken.

APInea PROCESSES PAYMENT TRANSACTIONS ON YOUR BEHALF EACH TIME A PURCHASE IS MADE. ALL PAYMENTS ARE APPLIED TO A SERVICE. APInea IS NOT A BANKING INSTITUTION OR OTHER CHARTERED DEPOSITORY INSTITUTION AND DOES NOT REPRESENT ITSELF AS SUCH. APInea MERELY PROVIDES USERS WITH A PLATFORM TO PURCHASE GIFTS. APInea IS NOT THE ISSUER OF ANY OF THE GiftS AVAILABLE THROUGH THE PLATFORM SERVICE. ONCE A SERVICE IS PURCHASED THROUGH APInea, THE ISSUER IS RESPONSIBLE FOR THE REDEMPTION OF THE SERVICE.

Refund, Return / Exchange Policy

Except as expressly defined herein, all sales are final and there are no cancellations or refunds permitted. APInea is not responsible for the refund and returns of any products purchased from Retailers. Your only recourse for refunds, returns and exchanges is with the Retailer.

Links to Third Party Sites

The APInea Platform Service contains links to other third-party websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy or other practices of such websites. Accordingly, we cannot and shall not be responsible for any issues, including offensive or malicious content, usability, or other problems with or related to those websites. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit.

Intellectual Property

Any trademark, service mark, logo, icon, content or other work of authorship, and other intellectual property (collectively, "IP") displayed on the Site or Platform Service are either our property or the property of our licensors, co-branders, or other third parties and may not be used by you without the prior written consent of the owner of such IP. All rights to third-party IP are reserved to such third parties. You may not post, distribute, reproduce, or sell in any way, any third-party IP without legal authorization. You will indemnify and hold harmless APInea and its affiliates, subsidiaries, members, managers, officers, employees, agents, representatives, and applicable third parties (e.g., relevant Users, co-branders and other commercial partners, licensors, licensees, consultants, and contractors) (collectively "Indemnified Parties") from and against all Losses related to any unauthorised use of any third-party IP, APInea, the APInea logo, and the other names, logos, icons and marks identifying APInea and its products and services are IP owned by us and may not be used without our prior written consent, which we may grant or withhold in our sole and absolute discretion. We reserve all rights not expressly granted under the Terms. By using the Site or Platform Service, you expressly agree that any information you provide via uploading or posting will be at your sole risk and we shall not be responsible to you or any third party in any way under any circumstance for any such information or other Content you provide to APInea. You may not post, distribute, reproduce, or sell in any way, any APInea IP without legal authorization. You shall indemnify the Indemnified Parties against all Losses related to your unauthorised use of any APInea IP and/or the Platform Service. You may not copy, sell, resell, or otherwise exploit any aspect of Platform Service for any commercial purpose. We retain and reserve all right, title, and interest to all IP and other material used on or with the Platform Service (except for IP belonging to third parties), including all software and other computer code. None of the material used on or with the Platform Service may be reverse-engineered, disassembled, decompiled, transcribed, resold, or redistributed without our prior written consent, which we may grant or withhold in our sole and absolute discretion. You may use one copy of the material from the Platform Service for your personal, non-commercial viewing and use only. You acknowledge that you do not acquire any ownership right or other interest by downloading any IP from Platform Service. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video used on or with the Platform Service shall not be broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any media nor stored in a computer except for your personal non-commercial use.

Disclaimer of Warranties

USE OF THE APInea PLATFORM SERVICE IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE PLATFORM SERVICE IS PROVIDED ON AN "AS IS" BASIS. APInea AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING RETAILER, WHO MIGHT NOT FULFIL A Gift OR SHIP ANY PRODUCT OR PROVIDE ANY SERVICE PURCHASED WITH A Gift. NEITHER APInea NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY THAT THE PLATFORM SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE PLATFORM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER APInea NOR ANY OF ITS LICENSORS MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM SERVICE, OR THAT DEFECTS IN THE PLATFORM SERVICE IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL APInea BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE PLATFORM SERVICE, INCLUDING DAMAGES FOR LOST PROFITS, EVEN IF APInea HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, APInea SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED THROUGH THE PLATFORM SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF APInea TO YOU SHALL NOT EXCEED ONE HUNDRED (100) DOLLARS OR THE AMOUNT PAID BY YOU THROUGH YOUR USE OF THE PLATFORM SERVICE DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, WHICHEVER IS THE GREATER.

Your Indemnity

You shall indemnify and hold harmless the Indemnified Parties from and against any and all Losses incurred by any Indemnified Party arising out of or related to: (i) your use of the Platform Service; (ii) any breach or non-compliance with respect to any Term or any of our policies by you or anyone under your direction and control; (iii) any act or omission of yours or anyone under your direction or control; and/or (iv) your violation or alleged violation of any law or right of any third party.

Equitable Relief

By using the APInea Platform Service, you acknowledge that damages may be an inadequate remedy if you or anyone under your direction or control breaches or threatens to breach any Term and that any such breach may cause APInea significant and irreparable injury and damage. Accordingly, you acknowledge that APInea shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such an event.

Access to the Site

We work hard to ensure the Site is always up and available, but we can't guarantee that the Site will not have downtime for any reason. We reserve the right to close the Site for short periods of time for regular updating of products and for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Site is unavailable at any time, for any length of time.

SSL encrypted browsing is available for all logged-in users, but while we strive for this, we cannot guarantee that all use will be secure. While we work hard towards this, we also do not guarantee that the Site or any content provided on the Site is error free. We manage your personal data according to our Privacy Policy.

Product information

APInea takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.

The prices indicated are shown in Euro and include all taxes. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.

We will always endeavour to fulfil your gifts once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again.

Please note that VAT is non-refundable.

APInea will not be held liable for poor use and its consequences on the products purchased from the Website. Although our products have performance that is compatible with professional usage, APInea does not sell products for professional use.

General Terms

The Terms and this User Agreement are governed in all respects by the laws of France, notwithstanding any provision of law or choice of law rule which may require otherwise. If you and we have any dispute which cannot be amicably settled, it shall be settled by submission to Nice, France, and you hereby consent to the exclusive personal jurisdiction of such courts ("Jurisdiction").

If any provision of any Term is held to be invalid or unenforceable, such provision shall be struck and the remaining Terms shall be enforced, with the invalid or unenforceable provision deemed modified to the least extent necessary to make it valid and enforceable while encompassing the intent of the Terms. Any failure to act on our part with respect to a breach of any Term does not waive our right to act with respect to a continuing, subsequent, or similar breach.

You may not assign or transfer your rights under the Terms, and any attempt to the contrary shall be void and of no effect.

The Terms shall insure to the benefit of and be binding upon your and our respective successors and assigns.

Users of the Platform Service agree that they may not involve APInea or any other Indemnified Party in any dispute, including litigation, arising out of or related to any transaction, agreement, or arrangement you may have with any other User, Retailer, or other third party arising out of or in any way related to the Platform Service ("Dispute"); if you attempt to do so, you shall: (i) pay all costs and reasonable attorneys' fees incurred in connection therewith by us, any of our affiliates, or any of their respective employees, and you shall indemnify and hold harmless the Indemnified Parties from all Losses incurred by any of them as a result, and (ii) the jurisdiction for any such Dispute shall be limited to the Jurisdiction set forth above.

Any notice required or given to you under the Terms may be delivered by electronic mail at the e-mail address you provide during registration on the Site.

The Terms of this User Agreement constitute the complete and exclusive understanding and agreement between you and us relating to the subject matter hereof and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

If you have any comments, questions or problems with any order placed by you in connection with the Platform Service, please contact us via the contact link on the Platform Service. For prompt service, please include your order number and the specific problem.

Any opinions left on the Site are screened and moderated by the APInea team. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), APInea reserves the right to refuse or modify it.

Mentions légales en Français

EDITION DU SITE INTERNET

Le site APInea (ci-après "le Site"), accessible à l’adresse https://APInea.com est édité par la société APInea (ci-après "l'Editeur"), Entreprise Individuelle Jean Galinowski, dont le siège social est situé 138 avenue des arènes de Cimiez 06000 Nice, inscrite au RCS de Nice 808957492.

REDACTION DU SITE INTERNET

Directeur de la publication : Jean Galinowski

Contact : https://go.apinea.com/contact_en

REDACTION DES MENTIONS LEGALES

Dénomination sociale : Captain Contrat

Adresse siège social : 12 rue saint-fiacre, 75002 Paris

Site internet : www.captaincontrat.com 

HEBERGEUR DU SITE INTERNET

Le site APInea est hébergé par Google, situé au 1600 Amphitheatre Parkway à Mountain View et OVH, situé 2 rue Kellermann, 59100 Roubaix, France.

RESPECT DE LA PROPRIÉTÉ INTELLECTUELLE

Toutes les marques, photographies, textes, commentaires, illustrations, images animées ou non, séquences vidéo, sons,nsi que toutes les applications informatiques qui pourraient être utilisées pour faire fonctionner le Site et plus généralement tous les éléments reproduits ou utilisés sur le Site sont protégés par les lois en vigueur au titre de la propriété intellectuelle.

Ils sont la propriété pleine et entière de l'Editeur ou de ses partenaires, sauf mentions particulières. Toute reproduction, représentation, utilisation ou adaptation, sous quelque

forme que ce soit, de tout ou partie de ces éléments, y compris les applications informatiques, sans l'accord préalable et écrit de l'Editeur, sont strictement interdites. Le fait

pour l'Editeur de ne pas engager de procédure dès la prise de connaissance de ces utilisations non autorisées ne vaut pas acceptation desdites utilisations et renonciation aux

poursuites.

Seule l'utilisation pour un usage privé dans un cercle de famille est autorisée et toute autre utilisation est constitutive de contrefaçon et/ou d'atteinte aux droits voisins, sanctionnées par Code de la propriété intellectuelle.La reprise de tout ou partie de ce contenu nécessite l'autorisation préalable de l'Editeur ou du titulaire des droits sur ce contenu.

LIENS HYPERTEXTES

Le Site peut contenir des liens hypertexte donnant accès à d'autres sites web édités et gérés par des tiers et non par l'Editeur. L'Editeur ne pourra être tenu responsable directement ou indirectement dans le cas où lesdits sites tiers ne respecteraient pas les dispositions légales. La création de liens hypertexte vers le Site ne peut être faite qu'avec l'autorisation écrite et préalable de l'Editeur.