Terms

We thank you for the interest you have in Kwit, and we welcome you to our website, Kwit.app as well as to our associated sites, mobile and tablet applications and other products and services.

Privacy Policy

Updated on 04/02/2019

Kwit, a SAS with a share of €38,400, registered in the Strasbourg Trade and Companies Register under number 819 528 597 with its headquarters at 31, rue du Fossé des Treize 67000 Strasbourg, represented by Mr Geoffrey KRETZ, as Chairman. (below-mentioned “Kwit” or “we”), are committed to protect and respect your privacy when using its mobile applications (“Application” or “the App”) and its website (“Website”) https://kwit.app (grouped in “ Platform”).

We have established this privacy policy (below-mentioned the “Policy”) to straightforward inform you of how the personal data that identifies you directly or indirectly (The “Personal data”) is processed by Kwit as Data controller.

1. Personal Data Processing :

We collect three categories of information :

  1. The information you directly provide;
  2. The data we collect when you use the Platform;
  3. 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.
  • When you register via our Applications, we ask you to provide us with your prior smoking habits to create your user profile, the application theme you choose, as well as the pseudonym under which we can address you.
  • When you use our Applications, we save each motivation card drawn, each achievement unlocked, each cigarette smoked and each craving resisted with for each of them, the date, intensity, feeling and trigger. You may also have to modify the price of a package in the application settings so that the savings made are the most accurate. We then record a history of these different prices. You can also change your nickname in the application settings at any time, and we will save your choice.
  • 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 or Stripe on our Site. The platform used may collect certain financial information required for payment on behalf of Kwit, such as your name, email address, postal address and other billing information.
  • When you write your feedback on Kwit 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 (old smoking habits, previous quit date, history of smoked cigarettes and resisted cravings, technical information about the software and device used) so that we can restore this data in case of handling errors on the one hand, and for future features to better evaluate the user's progress in his/her cessation of tobacco use, on the other hand. If you delete your account, this data will be deleted, of course.

c. Information gathered through cookies :

Each time you use the Platform, we may collect, following the relevant legislation, information about the devices on which you use our Platform or the networks from which you access it. For example, your IP addresses, connection data, types and versions of web browsers used, operating systems, data about your browsing experience on the Site and our Applications, the content you access or view, or the advertising ID of your device to help us measure the effectiveness of our advertising campaigns. To do this, we use cookies in particular.

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 :

  1. Contract
  2. Legitimate interest
  3. Consent
  4. Legal obligation

a. Contract

The main reason why we may use your Personal Data is that without it we would not be able to provide our services, as described in our Terms of Use and in particular we would be able to allow you to self-assess your smoking cessation and evaluations of the evolution of this cessation and manage, if necessary, the operations relating to the management of payments.

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.

c. Consent

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 Kwit 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

  1. Storage and protection
  2. Sharing
  3. Possible data transfers outside the European Union
  4. How long your data will be kept

a. Storage and 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.

b. Sharing

As far as sharing your data is concerned, it is very simple : we do not share any of your Personal Data with anyone ! Only Kwit'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 Kwit 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 KWIT.

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 hello@kwit.app or by post to the address : 31, rue du Fossé des Treize 67000 Strasbourg, en France, addressed to Mr. Geoffrey KRETZ.

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 18 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 hello@kwit.app for the removal of it.

6. Changes to the Privacy Policy

We may change this Privacy Policy at any time. We will send you an email or notify you directly via our Applications when we do so. Any changes will take immediate effect after they are posted. The publication date will be updated at the beginning of this Policy.

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 hello@kwit.app.

General terms and conditions

Terms and Conditions Updated the 02/04/2019

Publisher :

The website and the application enabling the use of the services offered by KWIT are edited by Kwit, a SAS with a capital of €38,400, registered in the Strasbourg Trade and Companies Register under number 819 528 597 with its registered office at 31, rue du Fossé des Treize 67000 Strasbourg, represented by Mr Geoffrey KRETZ, as its Chairman.

Hosting company :

The website is hosted by OVH (2 rue Kellermann — 59100 Roubaix — France).

Publishing Director: Mr Geoffrey KRETZ

Preface :

KWIT IS AN ONLINE SERVICE PUBLISHED BY THE COMPANY KWIT SAS, WHICH PROVIDES SMOKING CESSATION CONTENT. THE USE OF KWIT 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 KWIT.

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 KWIT ;
  • “Kwit” refers to the company Kwit 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 Kwit. The general conditions constitute the entirety of the existing commitments between Kwit 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, Kwit 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. Kwit 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 Kwit does not have the technical means to verify the identity of people who subscribe as members, Kwit 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 Kwit at the following email address hello@kwit.app. If it appears that a user distributes or uses his identifiers or avatars in a way which is contrary to their destination, Kwit 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. Kwit 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. Kwit 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, Kwit 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 Kwit in the event of fraud or unauthorised use of his account at the following email address hello@kwit.app.

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, KWIT 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 “Kwit Premium” or “Kwit Pro”. the following features are available :

  • Two additional features: Life span and Carbon Monoxide ;
  • Twenty-four additional achievements to be unlocked ;
  • Unlimited access to the will log ;
  • Additional motivation cards to access ;
  • Removal of ads.

The subscriptions have a price and a duration, they are displayed in the application.

(b) Technical assistance :

Kwit provides the user with technical assistance, any assistance request will be directly addressed to Kwit, at the following address hello@kwit.app, or directly by using the contact form located in the solutions.

(c) Hosting :

The solutions are hosted by Google Cloud Platform, acting on behalf of Kwit.

ARTICLE 7 - Privacy policy

Kwit 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 Kwit at the following e-mail address hello@kwit.app. Kwit 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 Kwit. 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 Kwit 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 8 - 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 Kwit, and are subject to protection under applicable copyright and industrial property laws.

Kwit 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 Kwit's prior written consent. In the absence of such authorisation, Kwit 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 Kwit. 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 Kwit ;
  • 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, KWIT 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 9 - Liability

The user guarantees Kwit 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 Kwit against any request in this regard. This guarantee covers any sum that Kwit would be required to pay in any way whatsoever, including attorney's fees and legal costs recognised or ordered.

Kwit 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. Kwit may decide to interrupt access to its solutions for maintenance or update purposes. Kwit will take all appropriate measures to ensure that the user is as well informed as possible of the interruption. Kwit cannot be held responsible for the consequences of these interruptions for the user or any third party.

ARTICLE 10 - 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, KWIT 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 11 - 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. Kwit 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 :

Kwit 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.

Kwit 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 KWIT, 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 12 - 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 12 articles.

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