0 - Introduction

These terms of use are concluded between any User (hereinafter referred to as "the User") of the Domyos E Connected App, operated by DECATHLON SE with a capital of €10,500,000, located at 4 Bd de Mons, 59650 Villeneuve d'Ascq (France) and registered in the Lille Trade and Companies Register under number 306138 900.

The "Domyos E Connected" App, hereinafter referred to as the "App", can be downloaded under the name "Domyos E Connected" from the Apple App store and the Google Play Store, and allows the User to benefit from the features described in Article 2.1.

1 - Definitions

App: Refers to the mobile support App that allows you to connect your sports activity with Domyos equipment. The App has been made available online by Domyos E Connected, and is free to download from the Apple App Store and the Google Play Store, to be downloaded by the User on their Apple iOS and Android terminal.

Account: Refers to the individual account created by the User in order to access the services offered on the App.

Content: Refers to, but is not limited to, the structure of the App, editorial content, images, photographs, logos, audio-visual or multimedia material, information and any other content present within the App or comprising the App.

Compatible Equipment: refers to any product that is compatible with the App (such as a Decathlon heart rate monitor) in order to allow the transmission of the data collected by said Compatible Equipment within the User’s Decathlon account.

Connected Applications Refers to the service facilitating the portability of sports data from Decathlon products to third-party Apps (including, but not limited to: Garmin, Strava, Polar, Fitbit, Coros, Suunto, etc.).

User: Refers to anyone browsing the App.

Service: Refers to all the services and features available on the App.

1 - Description of the App

The App allows the User to connect their Domyos cardio fitness equipment, and to benefit from new ways of enjoying sport, as well as monitoring their progress.

2 - Use of the App

        2.1. Features offered by the App

                2.1.1. Bluetooth connection

The App allows the User to connect their compatible Equipment to the App via Bluetooth in order to allow the transmission of the data collected by said compatible Equipment within their Decathlon account, and to control their compatible Equipment from the App directly.

The User is invited to consult article 6 relating to the protection of personal data that Decathlon may collect. Other compatible apps allow the User to transmit the data collected by compatible Equipment within their Decathlon account.

The User will be asked to give their consent for Bluetooth and their location to be activated in order to pair the fitness equipment with the App.

                2.1.2. Sports activity

                        2.1.2.1. Recording values from activity sessions

When the App is launched and the User starts their activity, they must record their weight and height, then the App records the following (non-exhaustive list):

• Current speed and average duration of effort;
• Distance covered;
• Heart rate;
• Maximum speed, average speed;
• Kilocalories burned
• Average, current and maximum RPM;
• Current, average and maximum incline;
• Current, average and maximum resistance;
• Number of steps;
• ...

Data recording by the App is necessary and essential for it to work properly.

While the data is being recorded, the User benefits from visual feedback containing stats from their activity via the practice screen located on their compatible equipment.

                        2.1.2.2. Choosing the sports activity mode

The App allows the User to choose their sports activity mode:

• Quick start: start my activity session quickly
• Targeted session: the User enters a training target (calories, duration, distance) and starts the session
• Guided session: The User starts a session conducted by a sports coach. Choose a category and let yourself be guided.
• Personal session: the User can create their own session from A to Z.

During their sports activity, the User can use the application in the background, i.e. they do not have to be on the App for it to continue functioning once the sports activity mode is chosen.

Sport tracking data enables the User's sports data to be stored in accordance with Article 6 of these terms of use (personal data).

                2.1.3. History and performance

The User will also be able to monitor and view a history of their activity sessions, including an analysis of their activity indicators, as well as how their performance has evolved over time.

With the "History" feature, the User can view a reproduction of their sports sessions, featuring the following units of measurement: altitude gain, average incline, max incline, max heart rate, average heart rate, time/km, max speed, average speed, course, time, distance, calories burned.

With the "Performance" feature, the User can view a reproduction of their activity results in aggregate form, by week, month, year and by sports activity (cross trainer, treadmill, indoor bike, rowing machine or all at the same time). Performance data includes time, distance, kcals, average BPM and max BPM.

                2.1.4. Session sharing

The User will have the option to share their sports activity sessions and activity data on social media or via third party apps connected to the “Connected Applications” (https://account.decathlon.com/connected-applications), or via Apple Health or Google Fit.

The "Social Sharing" feature allows the User to share their sports activity sessions on external networks, namely Facebook, Twitter, Renren, Weibo and Instagram, which are considered as third-party sites (these brands being registered trademarks belonging to their respective owners). When using these features, the User acknowledges that they are leaving the Domyos E Connected portal and undertakes to comply with the conditions of use applicable to the above-mentioned external sites.

The "Export" function allows the User to download their sports activity session as an EXCELTM or GPX file.

                2.1.5 Other features

The User has access to other features:

• The “Challenge” feature: this feature allows the User to start sports challenges and view completed challenges.
• The “Content upload” feature: the User may upload any type of content that complies with these terms of use.

This list of features is provided for information purposes only.

The Service reserves the unilateral right to add or delete any feature temporarily or permanently.

        2.2. App terms of use

2.2.1 The App is reserved for adults, and for children with parental authorisation. In any event, the App encourages any person responsible for a child to monitor the use of the App by the latter.

2.2.2 Access to the services offered by the App is subject to the creation of an account requiring the disclosure of personal information about the user. The User undertakes to provide accurate and complete data on their identity and is prohibited from impersonating any third party. Otherwise, the App reserves the right not to confirm the account, as well as the right to suspend or delete it.

        2.3. Submitting content on the App

2.3.1 In order to promote interaction between Users, the App may offer them various services and modules allowing the posting of content on its app and website. For the purposes of these Terms of Use, "Content" is defined as any element posted by the User on the App, such as text, comments, images, photos, videos, or any type of file, regardless of its content or form.

2.3.2 The User is responsible for anything that may occur on their behalf and from their computer terminal/phone. The User agrees to immediately notify the app if they have reason to believe that their username or email address is, or may be, known by an unauthorised person. The App declines all responsibility in the event that a User’s personal data is used by an unauthorised third party.

        2.4. Behaviour on the App

The User is forbidden to:

- Commit any illegal act;

- Extract or collect personal data of App users by any means;

- Extract, record, exploit or more generally process, for purposes other than mere display while browsing this Site, third-party content subject to intellectual property rights, relating to privacy, personal data or image rights;

- Store, disseminate or publish any illegal, harmful, abusive, racist, hateful, revisionist or immoral content that violates privacy or violates the privacy rights of others, including the image reproduction rights of persons and property, intellectual property rights and the right to privacy.

- Store, disseminate or publish any information that reveals, directly or indirectly, political, philosophical or religious opinions, trade union membership, health status or sexual orientation;

- Post content on behalf of a third party;

- Impersonate a third party and/or publish any personal third-party information;

-Store, disseminate or publish any content that may affect, directly or indirectly, the interests of the DECATHLON GROUP.

Generally speaking, the User commits to abstaining from any behaviour contrary to the sporting ethics or values and interests of the DECATHLON GROUP.

3 - App download terms and conditions/App availability

The app is available for free on the Play Store and Apple Store.

4 - Intellectual property

4.1 Content published by the App

The Content of the App is subject to property rights and protected by intellectual property, including copyrights, designs, trademarks, domain names, patents, expertise, software and databases. The DECATHLON GROUP and its partners remain the owner of all this content and its associated rights.

The DECATHLON GROUP grants Users a limited, non-exclusive, revocable license for this content, without the right to sublicense the mere access, browsing and use related to the Site. This licence does not grant Users any other rights, in particular any right to use the content for commercial purposes.

4.2 Content published by Users

All content published by the User (particularly texts, comments, files, images, photos, videos, works, etc.), which may be subject to property and intellectual property rights, image rights or any other personal rights, remain the property of the User, subject to the limited rights granted by the licence defined below to the DECATHLON GROUP or the App, on a case by case basis, and to other specific previously accepted conditions for specific services that may be available on the DECATHLON GROUP sites. They accept that this content may be used by the DECATHLON GROUP in certain business communications.

No photo that represents a person will be published on the App.

They acknowledge, undertake and guarantee that they have all the rights and permissions necessary for such publication on the App, in particular with regard to the legislation in force and the rights to privacy, property, intellectual property, images, contracts or rights of any other nature. By publishing such content on the App, Users are aware of their responsibility as publishers of the content within the meaning of the law, and grant DECATHLON a non-exclusive, free, worldwide licence for said content, including the rights of reproduction, representation, uploading, display, performance, transmission, storage, as well as the right to sublicense, in particular to its subsidiaries, technical partners and other Users of the App.

Users also give permission for their name to be associated with the content and accept that this association is not always made.

By publishing content, Users give permission for it to become automatically accessible online, particularly on other websites and/or blogs and/or web pages of the DECATHLON GROUP, including social media pages of DECATHLON GROUP websites, or of Users of DECATHLON GROUP websites who may share certain content. Users may ask Decathlon to prevent the publication of such content in accordance with the terms agreed in article 7 of these terms of use.

5 - Liability

        5.1. App liability

                5.1.1. Content liability

Domyos E Connected works hard to provide Users with reliable information and/or Content.

However, Domyos E Connected cannot guarantee the accuracy, completeness and/or timeliness of the information and/or Content provided, or the availability of these elements and tools. As a result, and subject to the provisions of these general terms of use, Domyos E Connected cannot be held liable for the use of the information and/or Content provided and/or the tools made available on its App, in particular in the event of an interruption of activity or service, or of the inability to use the results proposed, or of the inadequacy of the results provided and the loss of earnings resulting from this inadequacy.

                5.1.2. Capacity as publisher

Domyos E Connected undertakes to ensure the proper functioning of the App, and is committed to securing the access, consultation and use of the App.

Domyos E Connected undertakes to carry out or have carried out the necessary maintenance work to restore the proper functioning of the App as soon as possible.

        5.2. User liability

By using the Site, the User agrees to release the DECATHLON GROUP from any liability and to exempt it from any damage, costs and expenses resulting directly or indirectly from:

- Any claim by a third party concerning any content posted on its behalf, in particular for infringement of rights to the content published by the User on the app or laws governing the press in relation to elements shared or published on the site;

- Any activity relating to participation on the App contrary to these terms of use, including for fraudulent purposes;

- Violation of these App terms of use.

The App undertakes to make its Users aware of the publication of content such as shots or other photographs of Users.

The App draws the attention of its Users to the need to publish or share photographs, images or videos that respect and comply with the sporting ethics and values of the DECATHLON GROUP. Any non-compliant content will be systematically removed from the App.

6 - Protection of personal data

        6.1. Data controller

The data you give us (your email, purchases, etc.) is processed by DECATHLON SE, 4 boulevard de Mons in Villeneuve d'Ascq, 59650.

        6.2. Processed data

We process the data necessary to support your sports activities: your email address, date of birth, heart rate, session history, resistance, speed, incline, elevation, calories, distance, login details, first and last name, photo.

        6.3 Storage duration

In accordance with European law, your data will be deleted 2 years after your last activity.

        6.4 Your rights

You can request to view, amend or delete your personal data by withdrawing your consent. Under certain conditions, you may also request for your data to be transferred to an entity other than DECATHLON.

More information on your rights

If despite all our efforts you believe your rights have not been respected, you can contact the CNIL: https://www.cnil.fr/fr/agir

        6.5 Data recipients

Your data will be used by the Domyos E Connected development team (DECATHLON SE). Technical subcontractors in charge of data hosting may process your personal data. Their access to this data is strictly circumscribed by DECATHLON. They are not able to use your data other than for Decathlon communications.

Upon judicial request, this data can also be transferred to the authorities (police force, etc.).

        6.6 Transfers outside of the EU

Your personal data remains within the EU, where we make every effort to protect it in accordance with EU regulations.

More information on data transfer.

        6.7 Legal basis for treatment

Your data is only processed on receipt of your consent.

        6.8 Profiling or fully-automated decision-making

The User is not subject to any fully-automated action or decision-making by us.

7 - Deletion of content posted by Users

7.1 The App may terminate any registration and/or delete any profile and/or content and/or information published on the Site and/or prohibit the use and/or access to the Site, as soon as it becomes aware of the breach by the User of these general terms of use, specific terms of use or for technical reasons. This modification or deletion may be carried out without prior notice, without notification or prior warning, at any time and at the sole discretion of the App.

Using the “Report abuse” procedure, any User may inform the Site by email to the following address, attaching any details necessary for the processing of their request, that Content has been presumed to be published in violation of these terms of use.

7.2 The User also has the option to delete the Content published on the Site. To do so, they must formulate a Content removal request by e-mail to the following address: [email protected]

This request must be accompanied by information allowing said content to be identified. For content uploaded via the "Photo Sharing" service, the information required for deletion is as follows: surname, first name, email address used when uploading the content, year of upload, title of content.

Any justified and legitimate request will be processed as soon as possible by the App without the latter being able to guarantee immediate deletion of access to the content, and the User acknowledges that the App may not incur any liability in this respect, in particular because of the time required to process the request, technical constraints or the physical impossibility of responding, in particular in the event that the Content has been taken over by third parties.

8 - Completeness

If one or more provisions of the general terms of use are declared null or void by application of a law or regulation, or following a final legal or administrative decision, the other stipulations will retain their strength and scope.  

The App will do everything possible to proceed in a timely manner with the replacement of the provision or provisions by a valid clause as close as possible in scope to the spirit of these terms of use. The fact that one of the parties has not required the application of any clause of these terms, permanently or temporarily, can in no way be considered as a temporary or permanent waiver of this clause.

9 - Applicable law

These terms of use are governed by French law. In the event of a dispute that cannot be resolved amicably, the competent court will be that of the defendant's place of residence. However, if the action is brought by the User, the User has the option of bringing the matter before the court of their place of residence.