GENERAL CONDITIONS OF SALE AND USE OF THE XLSECRETS APPLICATION AND WEBSITE

Last update : [6 septembre 2024]

This document will be sent to you in your account confirmation email. It can also be easily downloaded. It is important that you download it for documentation purposes, future reference and identical reproduction.

1. DEFINITIONS

Application: refers to the application provided by XL SECRETS, available for download from the PLAY STORE (Android) and the APPLESTORE (IOS).

Partner: refers to the professional (individual or company) referenced in the Application. Partners are selected by XL SECRETS according to the quality of their offer and presented to the User according to their geographical location (or in alphabetical order on the dedicated page on the Site).

Services: refers to the services offered on the Application by XL SECRETS, namely :

• Personalized route Personalized Route: the User can select photographs of places from the Application, which then creates a route downloaded onto the Application’s map, on which the User can geolocate.
• City Trips: the User can select a tourist route from among those created by XL SECRETS and follow it by geolocating on the Application’s map.
• City Games: the User can select a theme for a tourist route from among those created by XL SECRETS, and follow it by geolocating and answering questions to discover each stage. At each stage, they are presented with an augmented reality work of art, and can take a photo of themselves with it, which is saved directly to their phone.
• Buying tickets: the User can be redirected from the Application to Partner sites to book experiences on his or her route. They can also find all the experiences, listed in alphabetical order, on the dedicated Site page.
• Hot deals : the User can benefit from discounts with XL SECRETS Partners.

Site: refers to the Internet site available at https://www.xlsecrets.com/ and published by XL SECRETS

User: refers to the person who has created a user account and is browsing the Application.

XL SECRETS: refers to the company registered with the RCS of Paris under number B 977 557 404 (intra-community VAT: FR26977557404).

XL SECRETS can be contacted by the following means:

• By phone: 09 77 21 92 29
• By email: contact@xlsecrets.com
• By mail: Société XL SECRETS 27 Boulevard des Italiens, 75002 Paris, France

• SCOPE OF APPLICATION

These General Terms and Conditions of Sale and Use (” GTSU “) govern the use of the Application by all Users and of the Site by all Internet users. The functionalities offered differ according to the mode of access (Site or Application), as the Site does not allow users to create or connect to their user account.

On the Application, the User acknowledges that he/she has read these GTCU and accepts them unreservedly by clicking on the appropriate box. On the Site, browsing implies acceptance.

The GCU may be modified, in particular with a view to improving the operation of the Application and Services. XL SECRETS will inform the User, who may decide to terminate the present contract, delete his account and uninstall the Application.

XL SECRETS may terminate the User’s use of the Application or delete the User’s account for any conduct in violation of these GTCU, upon reasonable notice to the User.

• PRESENTATION OF THE APPLICATION
  • Purpose of the Application

XL SECRETS operates in the entertainment and tourism sectors.

It offers different Services to Users, depending on the type of account they have created:

• Free account: Users who have created a free account have access to the following Services:

• Customized courses ;
  • City Trips ;
  • Buy tickets ;
  • Hot Deals.
• Premium account: Users who have created a premium account have access to the following services:
  • Customized courses ;
  • City Trips ;
  • Buy tickets ;
  • Hot deals.
• Elite Account: Users who have created an Elite paying account have access to the following Services:
  • Customized courses ;
  • City Trips ;
  • Some City Games include ;
  • Buy tickets ;
  • Hot deals.

In all cases, Users can also purchase City Games individually by clicking on the link to this effect presented on the Application, which directs them to a service provider offering a third-party purchasing solution. Payment is then made using the tools provided by this service provider.

The Site provides a presentation of the Application and the Partners.

• Access and operation of the Application

Access to the Application and the Site: The User is personally responsible for setting up the IT and telecommunications resources required to access the Application and the Site, and for acquiring the knowledge required to use the Internet and to access the Application and the Site.

The User is responsible for all connection and equipment costs associated with Internet access and use of the Application and Site.

The Application is compatible with IOS and Android operating systems.

Use of the Application and the Site is at the User’s own risk.

It is forbidden to attempt to obtain unauthorized access to the Services, to access the Application or to maintain access to it by any means other than the interface provided to the User by XL SECRETS for this purpose.

User account: The creation of a User account is reserved for persons over 18 years of age.

Access to the Application requires the creation of an account in :

• Entering the required data ;

or

• Registering via a social network (Apple or Google).

The User undertakes to provide accurate, up-to-date information that does not infringe the rights of third parties.

The User’s account identification data, and in particular his password, are personal and confidential. The User therefore undertakes not to communicate or share them with third parties. The User remains solely responsible for the use he makes of his identifiers, so that any connection to his account will be presumed to have been made by him. In any case, the User guarantees XL SECRETS against any request and/or action based on a use, fraudulent or not, of his identifiers. In the event of loss or theft of a password, or even in the event of suspicion of loss or theft, the User must immediately regenerate a password by clicking on “Forgot your password?

Paid subscription: For the creation of a paying account, the User must also pay a subscription for 1 month at 9.99€ TTC (Premium account) or 1 year at 29.99€ TTC (Elite account).

Subscriptions come into effect upon payment, with the User having the opportunity to identify and correct any errors in data entry (order details and price) before final acceptance.

The User can pay the subscription :

• From the store where you downloaded the Application (Apple Store or Play Store),
• Through your telephone subscription with your operator,
• By credit card,
• By code obtained from an XL SECRETS partner.

In all cases, the customer is redirected to the secure interface, governed entirely by the establishment concerned. The User must then follow the standard procedure and, where applicable, enter the code received by way of payment. The User expressly acknowledges that he/she has read and accepts the general terms and conditions of the establishments concerned, which will be responsible for processing the personal data entered by the User relating to means of payment.

The User guarantees that he/she is fully authorized to use the means of payment he/she uses and that this means of payment gives access to sufficient funds to cover the costs of the subscription and undertakes to provide these establishments with accurate information.

Provision of Services: Confirmation of registration is sent to the User once registration has been completed (in particular after payment of a subscription fee in the case of a premium account). Services will be available as soon as confirmation has been sent to the User.

As a reminder, in the event of a breach of this supply obligation, the provisions of the French Consumer Code shall apply and the User may (without prejudice to the award of damages) :

• Notify XL SECRETS of the suspension of payment of all or part of the price until XL SECRETS complies;
• To terminate the contract if, after having given formal notice to XL SECRETS to provide the Services, the latter has not complied without unjustified delay or within an additional period of time expressly agreed between the parties.

The User may immediately terminate the contract: When XL SECRETS refuses to provide the Services or when it is clear that it will not do so, or when XL SECRETS does not fulfil its obligation to provide the Services on the date or at the end of the period stipulated for doing so, and this date or period constitutes an essential condition of the contract for the User.

How the Application works:

Personalized Itineraries: to benefit from this Service, the User logs on to the Application and can select places that will be proposed to him either in the form of ” swipable” photographs , or on an interactive map.

They can select the places that interest them and create their own Personalized Route, which will be saved on the map available on the Application, where they can geolocate themselves to follow their route.

City Trips: to benefit from this Service, the User connects to the Application and can select a route proposed by XL SECRETS, which will be recorded on the map available on the Application, on which he can geolocate himself to follow his route.

City Games: to benefit from this Service, the User connects to the Application and can select a route proposed by XL SECRETS, for which the theme is provided, but not the stages. The route will be recorded on the map available on the Application, on which the User can geolocate to follow it. At each stage, the user can take a photograph with an augmented reality artwork.

Buying tickets: Some of the attractions and activities offered in the Personalized Itineraries, City Trips and City Games services are offered by partners (museums, restaurants, etc.).

If the User so wishes, he/she can click on the link provided for this purpose in the description of these paid experiences and is redirected to the site of the entity marketing it. In so doing, the User agrees to be bound by the terms and conditions of sale and use of the site to which he or she is redirected, and is invited to read its privacy policy.

The User is informed that XL SECRETS receives a commission for any purchase made by the User on the sites of these Partners.

Hot deals: When geolocated, the User can be offered augmented reality promotions from nearby Partners.

To take advantage of this offer, the User clicks on the link provided for this purpose in the proposed promotion and is redirected to the site of the entity behind the promotion. In so doing, the User agrees to be bound by the general terms and conditions of sale and use of the site to which he or she is redirected, and is invited to read its privacy policy.

The User is informed that XL SECRETS receives a commission for any purchase made by the User on the sites of these Partners.

• PRESENCE OF ADVERTISING

Advertisements are present on the Application when the User has a free account.

• OPINION

The Site presents reviews of the experiences offered by the Partners, taken from their own websites.

The Application links to the Google review page of the Partner experiences presented.

These notices, published without compensation, are not managed by XL SECRETS, which therefore has no control over them.

• NO RIGHT OF WITHDRAWAL

The purpose of these GCU is to:

• The supply of fully executed services (consisting in the provision of the Application) before the end of the legal 14-day withdrawal period,
• The provision of digital content not supplied on physical media.

The User therefore has no right of withdrawal.

• RESPONSIBILITY
  • Responsibility of the User

The User undertakes to use the Site, the Application and his/her user account in a responsible and lawful manner.

In particular, the User agrees not to:

• Use the Site and/or the Application and/or the Services in a manner that is inconsistent with their purpose as described in Article 2;
• Process the data present on the Site and/or the Application in a manner that does not comply with the applicable regulations, in particular by not respecting the purpose for which they are processed;
• Disrupt or interrupt the operation of the Site and/or the Application or the servers connected to the Site and/or the Application;
• Use data mining systems, robots or any other similar automated method to collect and/or exploit data from the Site and/or the Application, unless otherwise provided by public policy;
• Aggregate, copy or duplicate the contents of the Site and/or the Application, even if they have expired;
• Impersonate another person, in particular another User;
• Log on to a user account other than the one he created ;
• Access data not intended for him/her, or enter a server/account to which he/she is not authorized to have access;
• Delete or modify (or attempt to do so) published content;
• Harass another User.

• Responsibility of XL SECRETS

Legal warranty : XL SECRETS provides an Application and Services that comply with the present GTCU and with the legal criteria set out in the French Consumer Code.

The relevant extracts of the articles relating to the exercise of an action for non-conformity of the Application or Services are reproduced in the Appendix to these GCUA.

Limitation of liability for the Site : The content provided on the Site is for information purposes only.

XL SECRETS cannot be held responsible for information, opinions and recommendations formulated by third parties, in particular Partners.

XL SECRETS makes every effort to distribute quality and legal content. However, if an Internet user encounters content that does not correspond to these criteria, he or she undertakes to report it to XL SECRETS using the contact details given in the Preamble.

Limitation of liability as to the operation of the Application : XL SECRETS ensures that the Application operates correctly. However, no minimum quality of service is offered.

In addition, XL SECRETS cannot be held liable for any inconvenience or damage that the User may suffer as a result of using the Application or for inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.

Limitation of liability as to the purpose of the Application:

The content made available on the Application is provided for information purposes only.

XL SECRETS cannot be held responsible for information, opinions and recommendations formulated by third parties, in particular Partners.

In addition, XL SECRETS may be partially or totally exempt from liability in the event of failure or delay in the performance of its obligations, in the event of :

• non-performance or improper performance of the contract attributable to the User ;
• non-performance or improper performance of the contract attributable to the unforeseeable and insurmountable act of a third party to the contract ;
• non-performance or poor performance of the contract due to force majeure.

Force majeure includes, but is not limited to, breakdowns in communications, satellite links or networks outside the XL SECRETS network, strikes, exceptional health crises, fire, floods and other natural disasters, riots, war, shortages of fuel, energy, transport, materials and all other elements necessary for the operation of the Application.

XL SECRETS makes every effort to distribute quality and legal content. However, if the User encounters content that does not correspond to these criteria, he/she undertakes to report it to XL SECRETS using the contact details given in the Preamble.

• UPDATES

The User will be informed of the updates necessary to maintain the conformity of the Application and Services. If he does not install them within a reasonable period of time, XL SECRETS will not be liable for any lack of conformity resulting from this non-installation when it has informed the User and provided him with the appropriate instructions.

Other updates are also authorized to allow the Application and Services to evolve. The User will be informed of such updates in advance, and may refuse them or, if necessary, uninstall the Application.

• APPLICATION PROTECTION

The Application is protected by technical safeguards that prevent the copying of content on the Application. These measures are proposed by the technical operators involved in account creation (Google, Firebase and Apple).

In the event of a security incident or to deal with situations of vulnerability, XL SECRETS may take appropriate measures to respond.

1. PERSONAL DATA

The Processing of Personal Data carried out by XL SECRETS for the provision of the Services is specified in the Privacy Policy.

1. INTELLECTUAL PROPERTY
   1. Rights to the Application and its content

The elements of the Application are the property of XL SECRETS and/or its partners.

Some of these elements (e.g. trademarks, software, logos, databases, photographs, illustrations, texts, graphic guidelines or combinations of these elements) may be protected by intellectual property rights, in particular by copyright and trademark law. The disclosure of these elements shall not be construed as granting any license to them or any right other than that of consulting and making personal use of the Application, within the scope of its function.

Any use (notably reproduction, representation, adaptation, etc.) of all or part of the Application or its elements, on any medium whatsoever (notably paper or digital) without the prior written authorization of XL SECRETS, exposes the offenders to legal proceedings.

• Restrictions on use of the Application arising from third-party rights

Where a restriction arising from the violation of the rights of any third party, in particular intellectual property rights, prevents or limits the use of the Application or Services, the nullity of the contract or any other action of a contractual or extra-contractual nature may be incurred by application of the provisions of the Civil Code.

• Hyperlinks

The Application may provide links to other websites or applications or other sources of information managed by partner sites. Insofar as XL SECRETS cannot exercise control over these partner services and external sources, it makes no commitment as to the availability and content of these external sites and sources, and declines all responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources. XL SECRETS also accepts no responsibility for any damage or loss, whether actual or alleged, arising out of or in connection with the use of, or reliance on, the content, goods or services available on these Partner services or external sources.

The creation of links to the Site and Application is not subject to any prior agreement, but the person creating the link undertakes to comply with current legislation. Only the explicit mention of the Site or Application in the title of the link is required. The Site or Application must be displayed in a new browser window or tab, and framing must not be used. However, XL SECRETS reserves the right to request the deletion of any link which it considers does not comply with the purpose of the Site or Application (in particular the present GTCU), is defamatory, infringing, parasitical or contravenes its rights or those of third parties.

1. MISCELLANEOUS
   1. Claims processing

In the event of a complaint, the User is invited to contact XL SECRETS using the contact details given in article 1.

• Mediation

For any claim, the User may, if he so wishes, contact the consumer mediator at the following address: MEDIATEUR DU TOURISME ET VOYAGE – CS 30958 – 75383 PARIS CEDEX 08

Or by email following the instructions at this address: https: //www.mtv.travel/saisir-le-mediateur/

• Applicable law and jurisdiction

Except in the case of public policy provisions to the contrary, these General Terms and Conditions of Sale are governed by French law and any dispute concerning them will be referred to the exclusive jurisdiction of the competent court within the jurisdiction of the Paris Court of Appeal.

• Duration

These GCU remain binding on the User for as long as he/she uses the Site or Application or has an account.

• Tolerance

The failure of either Party at any time to require the strict performance by the other Party of any provision or condition of these GCU shall not be deemed a waiver of such provision or condition.

• Nullity of a clause

If any of the non-essential clauses of the CGUV should prove to be null or inapplicable by virtue of a law or regulation or following an enforceable decision of a court or competent authority, the Parties expressly agree that the present terms shall not be affected by the nullity of the clause in question.

• Language

The present contract is concluded in French.

APPENDIX I: LEGAL GUARANTEE OF CONFORMITY – Consumer Code

Article L224-25-12

The professional provides digital content or a digital service in accordance with the contract and the criteria set out in article L. 224-25-14 […].

Where the contract provides for the digital content or service to be supplied on an ongoing basis, the trader is liable for any lack of conformity that appears during the period in which it is supplied under the contract.

The applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 224-25-25.

The trader is also liable, within the same time limits, for any lack of conformity resulting from the incorrect integration of the digital content or digital service into the consumer’s digital environment, where this has been carried out by the trader or under his responsibility, or where the incorrect integration carried out by the consumer results from shortcomings in the instructions provided by the trader.

This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer’s action is the day on which the consumer becomes aware of the lack of conformity […].

Article L224-25-13

The digital content or service complies with the contract if it meets the following criteria, where applicable:

1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic specified in the contract;

2° It is fit for any special purpose intended by the consumer, made known to the trader at the latest at the time of the conclusion of the contract and accepted by the latter;

3° It is supplied with all accessories, including packaging, installation instructions and customer support, to be provided in accordance with the contract;

4° It is updated in accordance with the contract […].

Article L224-25-14

I.-In addition to the compliance criteria stipulated in the contract, the digital content or service is compliant if it meets the following criteria:

1° It is suitable for the use normally expected of digital content or a digital service of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as any technical standards, or in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses the qualities which the trader has presented to the consumer in the form of a trial version or preview, prior to the conclusion of the contract;

3° It is supplied in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° If digital content or a digital service is provided continuously over a given period, it is provided without interruption throughout that period;

5° Where applicable, it is supplied with all accessories and installation instructions, as well as customer support, which the consumer may legitimately expect;

6° Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of article L. 224-25-25 ;

7° It corresponds to the quantity, quality and other characteristics, including in terms of functionality, compatibility, accessibility, continuity and security, that the consumer can legitimately expect for digital content or digital services of the same type, having regard to the nature of such content or services and to public statements made by the professional, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.

II – However, the professional is not bound by any of the public declarations mentioned in the last paragraph of I if he demonstrates :

1° That he did not know them and was not legitimately in a position to know them;

2° That at the time the contract was concluded, the public declarations had been rectified in conditions comparable to the initial declarations; or

3° That the public statements could not have influenced the decision to contract.

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the digital content or digital service, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded […].

Article L224-25-15

Where, on the occasion of the contract, personal data processing is carried out by the professional, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of April 27, 2016 and Law No. 78-17 of January 6, 1978 on data processing, data files and individual liberties, where such failure results in non-compliance with one or more of the compliance criteria set out in this section, shall be treated as a failure to comply, without prejudice to the other remedies provided for by these texts […].

Article L224-25-16

I.-Defects in conformity that appear within twelve months of the digital content or service being supplied are presumed to have existed at the time of supply, unless proven otherwise.

Where the contract provides for the continuous supply of the digital content or digital service over a given period, the burden of proof as to whether the digital content or digital service was in conformity during the contractual supply period lies with the trader in the event of a lack of conformity appearing during that period.

II.-The trader is not liable for lack of conformity if he demonstrates that the lack of conformity is directly attributable to the incompatibility between the digital content or service and the consumer’s digital environment, and that the consumer had been informed by the trader of the technical compatibility requirements for this content or service prior to the conclusion of the contract.

The consumer is obliged to cooperate with the trader, as far as is reasonably possible, necessary and least intrusive for him, in order to determine whether the lack of conformity is caused by this incompatibility. Otherwise, the burden of proof referred to in the first or second paragraph of I of this article shall lie with the consumer, provided that the consumer has been informed in a clear and comprehensible manner of his obligation to cooperate prior to the conclusion of the contract […].

Article L224-25-17

In the event of lack of conformity, the consumer is entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this paragraph.

The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the professional has fulfilled his obligations under this sub-section, in accordance with articles 1219 and 1220 of the French Civil Code.

The provisions of this sub-section are without prejudice to the award of damages […].

Article L224-25-18

[Compliance shall be achieved at no cost to the consumer, without undue delay following the consumer’s request and without major inconvenience to the consumer, taking into account the nature of the digital content or digital service concerned and the consumer’s intended use.

The consumer is not required to pay for the use he made of the digital content or service during the period, prior to termination of the contract, during which that content or service was not in conformity […].

Article L224-25-19

The professional may refuse compliance if it proves impossible or would entail disproportionate costs, particularly in view of the extent of the lack of compliance and the value of the digital content or service in the absence of the defect.

If these conditions are not respected, the consumer may, after formal notice, pursue compulsory performance in kind of the requested compliance in accordance with articles 1221 et seq. of the French Civil Code.

Any refusal by the professional to bring the digital content or service into conformity shall be justified in writing or on a durable medium […].

Article L224-25-20

The consumer has the right to a price reduction or to rescind the contract in the following cases:

1° When the professional refuses to bring the digital content or service into conformity;

2° When the compliance of the digital content or service is unjustifiably delayed or if it causes costs or a major inconvenience to the consumer;

3° When the non-compliance of the digital content or service persists despite the professional’s unsuccessful attempt to bring it into compliance.

The consumer is also entitled to a price reduction or rescission of the contract when the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.

However, the contract may not be rescinded if the lack of conformity is minor, which it is up to the professional to demonstrate. This paragraph shall not apply to contracts in which the consumer does not pay a price […].

Article L224-25-21

In the cases provided for in article L. 224-25-20, the consumer informs the professional of his decision to obtain a price reduction.

The price reduction is proportional to the difference between the value of the digital content or digital service provided and the value of that digital content or digital service in the absence of the lack of conformity […].

Article L224-25-22

I.-In the cases provided for in article L. 224-25-20, the consumer informs the professional of his decision to cancel the contract.

For contracts mentioned in II of article L. 224-25-2 […], the consumer has the right to cancel all related contracts.

II – The consumer refrains from using the digital content or service or making it accessible to third parties.

[…] III-The professional is required to :

1° To reimburse the consumer for the price paid and to return any other benefit received under the contract;

2° Where the contract provides for the supply of the digital content or digital service during a given period, to reimburse or return the proportional portion of the price and all benefits corresponding to the period during which the digital content or digital service was non-conforming, including when the consumer used the non-conforming digital content or digital service during that period;

3° To make available to the consumer, free of charge and within a reasonable time, in a commonly used and machine-readable format, any content, other than personal data, which has been provided or created by the latter when using the digital content or digital service provided by the trader;

4° To refrain from using any content, other than personal data, which has been provided or created by the consumer in the context of the use of the digital content or digital service provided by the professional, unless this content has been generated jointly by the consumer and other persons, and other consumers may continue to make use of it.

The latter two obligations do not apply if this content is of no use outside the context of its use, or if it relates solely to the consumer’s activity when using the digital content or service provided by the trader, or if this content has been aggregated by the trader with other data and cannot be disaggregated, or can only be disaggregated with disproportionate effort, by the trader.

The trader may prevent any further use of the digital content or service by making it inaccessible to the consumer or by deactivating the consumer’s user account, without prejudice, however, to the consumer’s rights to recover the content in accordance with this article, or to consult his invoices […].

Article L224-25-23

The reimbursement to the consumer of the sums owed by the trader, or of any other benefit received under the contract, shall be made without undue delay and at the latest within fourteen days of the day on which the trader is informed by the consumer of his decision to exercise his right to reduce the price or rescind the contract.

The trader shall reimburse these sums using the same means of payment as the one used by the consumer to conclude the contract, unless the consumer expressly agrees otherwise and in any event at no additional cost […].

Personal data processing / Data management policy and use of cookies

XL SECRETS WEBSITE AND APPLICATION PRIVACY POLICY

Last updated on 01/08/2024.

1. Purpose and scope of the Policy

The present privacy policy offers you information relating to the processing of your personal data carried out by XL SECRETS, in view of the Regulations concerning personal data (mainly law n°78-17 of January 6, 1978 relating to information technology, files and freedoms known as the “Informatique et Libertés” law and the European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data known as the “RGPD”).

We may modify it from time to time and recommend that you check it regularly. You will be notified of any substantial changes.

The Personal Data Regulation defines certain terms necessary to fully understand this privacy policy, such as “personal data” (or “personal data”), “controller”, “processor”, “processing”. You can find these definitions in Article 4 of the RGPD.

In addition, within this policy, the following terms also have a specific meaning:

Application: refers to the application provided by XL SECRETS, available for download from the PLAY STORE (Android) and the APPLESTORE (IOS).

Partner: refers to the professional (individual or company) referenced in the Application. Partners are selected by XL SECRETS according to the quality of their offer and presented to the User according to their geographical location (or in alphabetical order on the dedicated page on the Site).

Services: refers to the services offered on the Application by XL SECRETS, described in the GTCU of the Site and the Application.

Site: refers to the Internet site available at https://www.xlsecrets.com/ and published by XL SECRETS

• Data Controller

For all the processing carried out in the context of your activity on the Site and the Application, We, XL SECRETS (société par actions simplifiée, registered with the Paris RCS under the number 977557404), determine the means and purposes of the Processing. Thus, XL SECRETS acts as the Data Controller.

XL SECRETS can be contacted :

• By phone: 09 77 21 92 29
• By email: rgpd@xlsecrets.com
• By mail: Société XL SECRETS 27 Boulevard des Italiens, 75002 Paris, France

• Collection of your Personal Data

When you browse the Site, create an account on the Application or use our Services, we collect a certain amount of your personal data.

When we collect your data directly from you (for example, when you create an account or fill in the contact questionnaire), we indicate when the provision of information is compulsory (notably because of a legal, regulatory or contractual obligation, or quite simply in order to be able to process your request or reply to you). If you do not provide this “mandatory” information, XL SECRETS may be unable to provide you with certain Services, or to follow up the request or form in question.

We also collect the following data about you indirectly if you register through your Apple or Google account.

Finally, we may collect, depending on what you have consented to provide us with, some of your data automatically, namely your geolocation or your activity on the Application.

In all cases, the nature and quality of your personal data collected varies according to the relationship you enter into with XL SECRETS, which is likely to collect :

• Identification data: information that allows you to be identified (surname, first name, email, telephone, birthday, gender, country, language).
• Connection data: information needed to access your personal account (password, and other information needed for authentication and account access) or information for maintenance and statistical purposes (IP address).
• Financial data: information relating to banking data (credit card details).
• Information relating to your browsing: information relating to your browsing.
• Using the Depth API (iOS) and any other augmented reality or camera-based data calculation system: Xl Secrets does not collect any data relating to users’ faces, bodies or any other segmentation information. Data may be collected and used in real time to calculate augmented reality effects for immersion purposes, but nothing is stored anywhere. Nor do we share this data with third parties.

• Purpose, legal basis and retention periods for your personal data

Your Personal Data is collected for specific purposes, justified by various legal bases.

* We retain your Personal Data only for as long as is necessary to fulfill the purpose for which we hold the Data, to meet your needs or to comply with our legal obligations.

Shelf lives vary depending on a number of factors, such as :

• XL SECRETS’ business needs;
• Contractual requirements ;
• Legal obligations ;
• Recommendations from supervisory authorities.

Once these periods have elapsed, we archive your data for the duration of the applicable statute of limitations.

• Sharing your Personal Data

Your Personal Data may be shared:

• with the XL SECRETS employees in charge of the management and execution of the above-mentioned purposes and within the limits of their respective responsibilities;
  • with our service providers and subcontractors, whom we call upon to carry out a range of operations and tasks related to the purposes described above, within the limits of their respective missions and authorizations.

In the context of the Ticket Purchase and Hot Deals Services, XL SECRETS also shares your Personal Data with its Partners. The purposes of the aforementioned operations are determined by XL SECRETS and its Partners, both of whom are jointly responsible for processing your Personal Data.

XL SECRETS makes every effort to ensure that the communication of your Personal Data to these third parties is necessary, secure and preserves the confidentiality of your personal data.

• Transfer of your Personal Data to third countries

XL SECRETS endeavours to store Personal Data in France, or at least within the European Economic Area (EEA).

However, should Personal Data be transferred to countries outside the European Union that have not been the subject of an adequacy decision by the European Commission, We undertake to put in place appropriate safeguards or rely on an exemption provided for in the GDPR.

In all cases, you can obtain more information on the transfers outside the EU that may be carried out and obtain a copy of the potential control measures in place on request (see contact above).

• Your rights

As part of the processing we carry out, we inform you that you have the right to objectto us using your data for a specific purpose. You must put forward “reasons relating to your particular situation”, except in the case of commercial prospecting, to which you may object without giving any reason.

You also have the following rights:

• A right of access: This right enables you to find out whether we are processing data about you and to have it communicated to you in an understandable format.
• A right to data portability: This right offers you the possibility of recovering part of your data in a machine-readable format, for personal use or for transmission to a third party of your choice.
• A right to erasure (“right to be forgotten”): This right allows you to ask us to erase your personal data.
• A right of rectification: This right allows you to correct inaccurate data concerning you (e.g. wrong age or address) or to complete data (e.g. address without apartment number) in relation to the purpose of the processing.
• A right to limitation: This right allows you to ask us to temporarily freeze the use of some of your data.
• The right to define directives concerning the fate of your personal data after your death.

Finally, where we carry out processing on the basis of your consent, you have the right to withdraw that consent at any time.

Attention: Some of these rights are subject to conditions, and are not automatic. We will therefore not necessarily be able to respond favorably.

You may exercise your rights at any time by contacting us at the address given in article 1. In case of doubt, we may ask you to provide proof of identity.

You also have the option of lodging a complaint with the CNIL (Commission Nationale de l’Informatique et des Libertés), either online or by post at the following address:

CNIL Complaints Department

3 Place de Fontenoy

TSA 80715

75334 PARIS CEDEX 07

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COOKIES POLICY

Last update 01/08/2024.

1. What is a cookie ?

Cookies are small files stored by a server on your terminal (computer, telephone, etc.) that enable you to move from one web page to another while retaining your browsing settings. They can be differentiated by their unique identifiers and ensure a good consumer experience on our website by memorizing your browsing preferences each time you use it.

XL SECRETS, as data controller, determines the means and purposes of data processing related to the collection of cookies. Your privacy and Personal Data are protected by XL SECRETS, which ensures compliance with the provisions of applicable legislation, in particular European Regulation 2016/679 of April 27, 2016 on the protection of personal data and Law n°78-17 “Informatique et Libertés” of January 6, 1978.

• What cookies are placed/read on your terminal? ?

• How to set cookies ?

Some cookies are necessary for the use of the Application and do not require consent.

For other cookies, you can choose whether or not to accept them.