CONDITIONS OF USE FOR THE APPLICATION PARROT FREEFLIGHT MINI

The application Parrot FreeFlight Mini (and its subsequent versions) (the “Application”) is published by PARROT DRONES, a Société par Actions Simplifiée with capital of EUR 59 537 825.00 with its registered office at 174, Quai de Jemmapes, Paris (75010), France, registered on the Paris Commercial Register under no 808 408 074 (“Parrot Drones”).

PLEASE READ THESE CONDITIONS OF USE CAREFULLY BEFORE USING THE APPLICATION

1. GENERAL

1.1. Access to and use of the Application implies acceptance of the present conditions of use and your undertaking to respect them. If you do not wish to comply with these conditions, do not consult the Application or use it for navigation and do not use the associated services.

1.2. The present conditions may be amended by Parrot Drones at any time. Amendments will be effective from the time of their publication on one of the Parrot group web sites or applications. You are advised to check them regularly. Further, special terms and conditions may be applicable to particular content, products, equipment, services or information contained in or available on other Parrot Drones or third-party sites or applications. These special conditions may supplement or supersede the present conditions in explicitly defined cases.

1.3. Parrot Drones reserves the right to modify or update the Application content or presentation at any time without prior notice. Parrot Drones reserves the right to remove or limit access to the Application for any reason at its sole discretion.

1.4. The original version of this document is in French (France). In the event of divergence between a translated version and the French version, the French version shall prevail.

2. PURPOSE OF THE APPLICATION

2.1. The Application enables the navigation of Parrot drones to be controlled from the mobile terminal on which the Application is installed and allows photographs and videos to be taken.

3. COLLECTION AND PROCESSING OF PERSONAL DATA

3.1 Parrot Drones treats the protection of the personal data of users of the Application with the utmost importance. The collection and processing of personal data through the Application will comply with the law on the protection of personal information. The purpose of the aspects considered below is to inform you on the procedures for the processing of your personal data gathered in the course of the use of the Application. By using the Application, you accept that the Application will gather, process and use the personal data described below.

3.2. Identity of the data controller. All processing of the personal data communicated in the course of using the Application is conducted on the responsibility of Parrot Drones SAS, with registered office at 174 Quai de Jemmapes, 75010 Paris (France), registered on the Paris Commercial Register under no 808 408 074, as data controller.

3.3. Personal data collected. Parrot Drones SAS will collect and process the serial number of the drone and the IP address of your mobile terminal when the drone is first connected with the Application. If relevant, Parrot Drones may also collect and process your GPS data in the event of a drone software crash.

3.4. Recipients of the data. The data gathered by the Application is received solely by the Parrot Group. All the data collected through your use of the Application, including personal information, will be transferred, stored and processed on servers located in France and managed by an external provider of the Parrot Group. Parrot Drones shall ensure that suitable protective and confidentiality measures have been contractually put into operation in order to comply with the relevant legislation.

3.5. Purpose of processing. The information and data which concerns you is used to:

3.6. Users may exercise their right to access, rectify or remove their personal data, or may withdraw their consent at any time by sending a request to the email address: webmaster@parrot.com.

Users may withdraw their consent for the collection and processing of their personal data from the Parameters menu of the Application.

4. COLLECTION AND PROCESSING OF NON-PERSONAL DATA

4.1 Parrot Drones also collects data for which the form does not allow a direct link to be made with a specific individual; this data is therefore considered by the applicable legislation to be non-personal. The applicable legislation allows non-personal data to be gathered, used, transferred and divulged for any purpose. Purely by way of example, Parrot Drones may have reason to collect the version number of the firmware installed on and used to operate the drone. This information provides Parrot Drones with help on the use of its products and services. However, if Parrot Drones should associate non-personal data with personal data, the resulting combined data would be considered as data of a personal nature while the association remained and it would thus be subject to the conditions referred to in article 3 of the present conditions.

5. APP EVENTS

5.1. The Application uses App Events, an analytical service provided by Facebook Inc. (“Facebook”).

5.2. The operation of this analytical service called “App Events” does not involve the collection of any personal data by Facebook via the Application. The data collected by Facebook is anonymous and relates only to the use of the Application, including connection to a Parrot drone or registration with the Drone Academy (“Information”). Facebook will pass the Information to Parrot Drones in order to evaluate the use of the Application, compile reports on the activity of the Application and provide other services relating to the activity of the Application. In addition to Parrot Drones, Facebook may pass the Information to third parties if it is legally obliged to do so or if such third parties process the Information on behalf of Facebook.

5.3. At Parrot Drones’ request, and in accordance with Facebook policy on the use of data, Facebook may cross-reference the Information with other data which it holds in order to put advertising material concerning Parrot products onto the Facebook accounts of users to whom it might be of interest. No personal data collected via the Facebook site will be passed on to Parrot Drones.

5.4. App Events can be deactivated from the “Settings/Privacy/Advertising” menu of your iPhone or from the “Google Settings/Advertisements” menu of your Android smartphone.

6. INTELLECTUAL PROPERTY – TRADEMARKS – COPYRIGHT

6.1. Your content.

6.1.1. Parrot Drones claims no intellectual property rights to the photos, videos, text or other content (“Content”) that you record using the Application. This Content remains your property.

6.1.2. You decide who can access your Content. If you share your Content on social networks or using online services and applications accessible to others, any user with whom you share your Content can access it, you authorize these users to access your Content and grant them the non-exclusive right to use, reproduce, distribute, display, transmit and communicate your Content freely and publicly.

6.2. Parrot content.

6.2.1. The Parrot name and logo are trademarks registered by Parrot SA. The names of the various models of drone are trademarks registered by Parrot Drones. Parrot products, services and accessories are protected by intellectual and industrial property rights including the trademarks, copyright, designs and patents. Copyright and all intellectual property rights on the content of a Parrot group website and the Application (including the designs, drawings, photographs, text, audio, video and graphics) are and remain the sole property of the companies of the Parrot group. All other brands and logos are and remain the property of their respective owners.

6.2.2. Parrot Drones hereby grants you a personal, non-exclusive, non-assignable, revocable, non sub-licensable, free, worldwide license to use the Application in accordance with these conditions of use.

7. GUARANTEES

7.1. You declare and guarantee that (i) you are the legitimate holder of all the intellectual property rights in the published Content and/or have all the authorisations required to grant the rights referred to in this article and that the use of the Content infringes no law; and (ii) displaying, using and sharing your Content in no way infringes the copyright, intellectual or other property rights, advertising rights or privacy rights of third parties.

7.2. You guarantee any company of the Parrot group against all claims or objections regarding the Content from any third parties invoking the violation of any right, including any proceedings for breach of privacy, counterfeiting or unfair competition brought by any third parties by virtue of the execution or use of your Content. In the event of legal action brought by a third party against any company of the Parrot group in relation to your Content, you acknowledge and accept liability for all the injurious consequences that may result from such an action and will indemnify the company of the Parrot group against all prejudice suffered or expenses contracted in the course of this action.

8. RULES FOR USE

8.1. The Application is offered to you free of charge (a) if you are a private individual, for your personal and non-commercial use, or (b) if you are a professional, solely for the internal requirements of your professional activities. You must not allow third persons acting on your behalf to: (i) make or distribute copies of the Application, (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or localize the Application, or (iii) create derivative works from the Application of whatsoever nature.

8.2. When you use the Application to pilot a drone, you undertake to respect the following rules:

9. AVAILABILITY

9.1. Parrot Drones will make all commercially reasonable efforts to ensure that the Application is available at all times. However, you acknowledge that the Application is supplied via the Internet and mobile networks and that in consequence factors outside Parrot Drones’ reasonable control may affect the quality and availability of the Application.

9.2. Parrot Drones, its subsidiaries and its subcontractors accept no liability whatsoever for (i) the unavailability of the Application, (ii) any difficulty or inability in downloading or accessing the Content, or (iii) any other failure of the system of communication that may make the Application unavailable.

10. LIMITATION OF LIABILITY

10.1. Although the utmost care has been taken in the development of the Application as to the accuracy, precision and exhaustiveness of the information provided, Parrot Drones, its parent company and its subsidiaries may not be held liable in the event of inaccurate information. ALL CONTENT IS PROVIDED ‘AS IS’ AND SUBJECT TO AVAILABILITY. PARROT DRONES PROVIDES NO WARRANTY OF WHATSOEVER KIND, IMPLICIT OR EXPLICIT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT ALL THE PRODUCTS AND SERVICES ARE AVAILABLE, ARE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE OR MAY BE USED WITHOUT INFRINGING THE RIGHTS OF A THIRD PARTY, NOR ANY WARRANTY AS TO THE FUNCTIONING OF THE APPLICATION ITSELF OR ITS CONTENT. USERS ARE WARNED THAT ANY INFORMATION THEY SEND MAY POTENTIALLY BE INTERCEPTED BY A THIRD PARTY. PARROT DRONES DOES NOT GUARANTEE THAT (i) THE APPLICATION (ii) THE SERVERS GIVING ACCESS TO THIS APPLICATION AND THE SERVICES AND STORING THE USER’S CONTENT, OR (iii) THE ELECTRONIC COMMUNICATIONS SENT BY PARROT ARE FREE FROM VIRUSES OR OTHER DESTRUCTIVE ELEMENTS.

10.2. Parrot Drones shall under no circumstances be held liable for the whole or partial loss or corruption of the data and Content stored via the Application.

10.3. PARROT AND/OR ITS PARENT COMPANY AND/OR ITS SUBSIDIARIES MAY NOT BE HELD LIABLE IN THE EVENT OF INDIRECT OR ACCESSORY DAMAGE OR MORAL PREJUDICE RESULTING FROM, OCCASIONED BY OR LINKED TO THE USE OF OR THE INABILITY TO USE THE APPLICATION, THE SERVICES OR THEIR CONTENT, EVEN WHERE PARROT DRONES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. ANY PROCEEDINGS BY A USER MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH THE CAUSE OF THE DAMAGE AROSE. The present conditions are applicable without prejudice to any mandatory provision of French law that would be applicable.

10.4. The Application may contain links to other websites or applications that are not under the control of Parrot Drones. These links are provided for your convenience when navigating, and Parrot Drones, its parent company and its subsidiaries may under no circumstances be held liable for the content or functionalities of the websites accessible via these links. Parrot Drones, its parent company and its subsidiaries rule out any explicit or implicit guarantee as to the accuracy, legality, reliability or validity of the content and functionality of these sites. Furthermore, the consultation of these sites is your responsibility.

11. JURISDICTION

11.1. The present conditions of use are governed by French law. In the event of a dispute regarding their interpretation or execution, jurisdiction is expressly granted to the competent courts in the district of the Paris Court of Appeal, including for cases of emergency proceedings and where there is a multiplicity of defendants.

12. CONTACT US

12.1. For any questions regarding these conditions of use, please use the email contact form that can be found on the Parrot website at: http://www.parrot.com, by clicking the “Contact us by email” button on the “Support” menu.

© PARROT DRONES SAS. All rights reserved

Updated: December 2015

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