The purpose of these General Terms and Conditions of Use (“T&Cs”) is to determine the rules governing the use of the TRANSALLIANCE mobile app (the “Application”) developed by PLUG’N COM.

By installing the Application on your device and/or accessing the Application as a User, you accept all of the T’s and C’s specified below, unconditionally and without reserve. If you do not wish to accept these T&Cs, we ask you to refrain from accessing the Application.

Any visit and/or use of the Application must be in accordance with these T&Cs. These T&Cs may be changed at any time, in whole or in part. The changes in question will be brought to the attention of Users through the publication of the updated T&Cs. They shall be deemed to be accepted without reserve by any User who accesses the Application after the aforementioned publication.

1. Legal information
   The Application is developed by:
   PLUG’N COM, S.A.R.L (Limited Liability Company) with capital of €12,500, and with Headquarters at Eurohub Sud / Parc Logistique L3434 Dudelange (Luxembourg) and registered in the Trade and Companies Register of Luxembourg under number B171910.
   Its Publication Manager is Mr Samuel Boespflug. Contact number: +352 51 22 32 142.
   The Application is hosted by:
   TRANSALLIANCE, S.A.S (Simplified Joint-Stock Company) with capital of €600,000, and with Headquarters at 40, rue des Blancs Manteaux, 75 004 Paris, and registered in the Trade and Companies Register of Paris under number 662 013 960.
   Its Publication Manager is Mr Ronald Welter. Contact number: +352 51 22 32 142
2. Purpose and Access Terms and Conditions
   The purpose of the Application is to provide TRANSALLIANCE Group transport partners with a platform allowing them to input and submit waybills, delivery notes and damage claims for the various stakeholders in the transport chain, and to allow for the tracking of consignments in real time.
   To access and use the Application, you will need a compatible telephone or mobile device with an internet connection.
   The Application can be downloaded for free from the “Apple Store” and “Google Play Store” platforms on the following mobile devices:
   • Apple® iPhone® mobile phone with an iOS 9.3 operating system or later version
   • Mobile phone with an Android® 4.4 (KITKAT) operating system or later version
3. Intellectual Property
   The brands, logos and distinctive signs appearing in the Application are protected by the French Intellectual Property Code, and specifically by trademark and copyright laws. The TRANSALLIANCE brand is a registered trademark of the TRANSALLIANCE Company.
   Any reproduction, representation, modification, publication, adaptation, of all or part of the elements of the Application, irrespective of the means or process used, is prohibited without the prior written consent of TRANSALLIANCE and/or PLUG’N COM.
   Any unauthorised use of the Application or any of its constituent elements shall be considered as constituting an infringement and prosecuted in accordance with the provisions of Sections L.335-2 et seq. of the French Intellectual Property Code.
4. Personal Data Protection
   1. Personal data is collected and processed in compliance with the regulations in force relating to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 applicable from 25 May 2018.
   2. While using the Application, the following data may be collected indirectly (as this information may appear on the photographed documents): last name, first name, address, signature of the sender, recipient or driver and photographs of the transport documentation.
      The following information is also collected directly from the User: the driver’s or subcontractor’s PIN code (Ulysse) and geolocation data.
   3. Chis data is collected for the purpose of digitally transmitting waybills, delivery notes and damage claims to the various stakeholders involved in the transport chain, in particular their IT, quality assurance and insurance departments. This data is also collected in order to allow the various stakeholders in the transport chain to track their consignments in real time.
      Transferred data will be retained in the European Union.
   4. Organisational, technical, software and physical measures for digital security such as dedicated services, closed applications, PIN codes and HTTPS are used to protect personal data against any unauthorised tampering, destruction and access. However, as the Application is downloaded to a mobile device whose environment may not be completely secure, it is impossible for us to guarantee the safety of the transmission or storage of the data on the device in question.
      The data will be stored for a period of five (5) years from the time it is first published online through the Application.
   5. In application of the applicable regulations relating to personal data, as user and holder of collected personal data (this concerns only the data collected directly from the User, namely the driver or subcontractor PIN code and geolocation data), you have the following rights:
      
      • to update or delete personal data;
      • to exercise your right of access in order to obtain the details of your personal data. In this case, before invoking this right, we reserve the right to request proof of identity.
      The various requests can be made electronically by sending an email to the following address: samuel@plugandcom.com.
   6. In certain situations, the User will collect and process data as a subcontractor and in this capacity they undertake to comply with the regulations in force relating to the processing of personal data and, in particular, Regulation (EU) 2016/679 of 27 April 2016, specifically in terms of confidentiality, security and exercising the rights of the persons concerned.
5. Limitation of Guarantee
   Access to and use of the Application shall be effected at the User’s risk.
   All Users are responsible for taking all the appropriate measures to protect their personal data and/or software stored on their IT or telephonic devices against any attack. We cannot be held responsible for any misuse of the device and/or any incident related to the use of the device while using the Application. Under no circumstances shall the company be held liable for any damage, of any nature whatsoever, suffered by Users on their devices, IT and telephonic equipment or relating to the data saved on such devices, or for any consequences that may arise from this affecting their personal, professional or commercial capacity.
6. Permissions requested by the Application
   
   1. You will be asked for permission to access your camera or photo gallery to allow for the downloading of waybills, delivery notes and damage claims as supporting documentation.
   2. You will be asked for permission to access your location (network and GPS) to enable the various stakeholders in the transport chain to locate their consignments in real time. The User will have the choice to activate or deactivate the geolocation feature directly in the Application by means of an ON/OFF button.
7. Applicable Law and Competent Jurisdiction
   These T&Cs are governed by French Law.
   Any dispute or disagreement relating to the execution or interpretation of these rules for which an amicable solution could not be reached between the parties shall be brought before the competent courts within the jurisdiction of the Appeals Court of Nancy.