Terms and privacy

Terms of use

These terms of use (the "Terms") govern the use of the Discover mobile app and of the discoverapp.fr website. They are written to be read: if anything is unclear, email us at hello@discoverapp.fr.

1. Who we are and what these Terms are for

Discover is a free community app for sharing and recommending places: restaurants, nature spots, bars, viewpoints, activities… It is published by Olivier GUY, a sole trader based in Marseille, France (see the legal notice).

By creating an account, you accept these Terms: a checkbox or a button asks you to do so when you sign up. If you use Discover without an account, you accept them by browsing the app. If you do not agree, do not use Discover.

How we handle your personal data is described in the privacy policy, which is part of these Terms.

2. A few definitions

• Discover: the mobile app, the discoverapp.fr website and the services they offer.
• Visitor: someone who uses Discover without an account.
• Member (or "explorer"): someone who has created an account.
• Discovery: a place published by a member on the map, with its photos, title, description, category, tags, details and location.
• Content: everything a member publishes: discoveries, photos, comments, recommendations, username, profile picture.

3. Access and account

Free of charge

Discover is free. No subscription, no in-app purchase. Only your Internet access costs remain yours.

Minimum age

You must be at least 15 years old to create an account. By signing up, you confirm that you are. If we learn that an account belongs to someone younger, we delete it.

Sign-up

You can create an account with an email address and a password, or with your Apple, Google or Facebook account. You agree to:

• give a valid email address that belongs to you;
• have only one account and not create an account for someone else;
• choose a username that does not impersonate another person, a brand or Discover, and that is neither offensive nor misleading;
• keep your password secret. Anything done from your account is deemed to be done by you; if you think it has been compromised, tell us right away.

Availability

We do our best to keep Discover running at all times, but we cannot guarantee it: maintenance, outages, a provider's problem or force majeure may interrupt it, sometimes without notice.

4. What Discover offers

Depending on whether you are a visitor or a member, Discover lets you, among other things:

• explore the map of discoveries and search them around you or elsewhere;
• publish your own discoveries and edit them;
• recommend and comment on other members' discoveries, with or without photos;
• follow other members, mention a member with @, share a discovery or a profile by link;
• take part in challenges, earn experience, levels and medals, and see the "Coups de cœur" (favourites).

Discover evolves: we may add, change or remove features. Levels, experience points, medals and distinctions have no monetary value, cannot be exchanged and may be recalculated if the rules change or in case of abuse.

5. Your content

What is public

Discover is a public network. Your username, profile picture, discoveries, comments, recommendations, medals, level, followers and followed members are visible to everyone, including visitors without an account and anyone who receives a share link. Do not publish anything you do not want to make public.

The rules

You are responsible for what you publish. You must not publish content that is:

• illegal: incitement to hatred or violence, harassment, threats, glorification of terrorism or crimes, child sexual abuse material, invasion of privacy, defamation, infringement;
• pornographic, violent or shocking;
• insulting, discriminatory or humiliating towards a person or a group;
• misleading: fake place, closed place presented as open, made-up information, fake reviews;
• undisclosed advertising: if you work for a place, own it or are paid to talk about it, say so clearly in the description;
• unrelated to a place (spam, chain messages, data collection);
• not yours and used without the author's permission, including photos found online.

Zero tolerance: objectionable content and members who harass or abuse others have no place on Discover. They are removed, and the account may be suspended or deleted (see section 7).

Places, safety and respect

• Do not publish the address of a private home, or a place you are not allowed to enter (private property without permission, site closed to the public, dangerous or restricted area).
• Mention the known dangers of a place (difficult access, tides, cliffs…) and never present risky or illegal behaviour as a good tip.
• Respect the places you share, their neighbours and nature: no encouraging damage, wild camping where it is forbidden, or picking in protected areas.

Photos and image rights

Only publish photos you took or have the right to use. Anyone recognisable in a photo must have agreed; for a minor, their parents' consent is required. Also avoid licence plates and private interiors.

What you allow us to do

You remain the owner of your content. To run Discover, you grant us, free of charge and worldwide, the non-exclusive right to host, reproduce, technically adapt (format, cropping, compression) and display it:

• in the app, on discoverapp.fr and on share pages;
• to promote Discover, for instance on our social media accounts, crediting your username whenever possible.

This right lasts as long as the content is published on Discover. If you delete your account, your discoveries and comments may stay on the map anonymously (see section 10); the right then continues for that anonymised content. Promotional posts already published are not withdrawn.

6. Recommendations, validation and distinctions

Recommendations on Discover are opinions given by members on discoveries. So that you know what they are worth:

• each member can recommend a discovery only once and can withdraw the recommendation; you cannot recommend your own discovery;
• a recommendation is public: it is shown with its author's username and picture;
• we do not check that a member has actually been to the place they recommend;
• nobody pays to appear on the map, to be recommended or to receive a distinction. If Discover content is sponsored, for instance an offer sent by email, it is clearly labelled as such;
• the "Something wrong with this place?" report is not public: it is used to correct or remove a discovery;
• a new discovery may need to be confirmed by the community (for instance by receiving a number of recommendations within a set time); otherwise it may be removed from the map. The current rules, time limits and reminders are explained in the app;
• distinctions such as "Coup de cœur" and the order in which discoveries are shown depend on automatic, public criteria: number of recommendations, city, category, distance and date. The exact rules may change; they are described in the app.

7. Moderation, reporting and sanctions

How we moderate

Content is published immediately, without prior review. The Discover team reviews it afterwards and examines every report. We have no obligation to monitor everything that is published, but we act as soon as we become aware of content that is illegal or breaches these Terms.

Reporting content or a member

• In the app: "Report" menu on a discovery, a comment or a profile.
• By email to hello@discoverapp.fr, stating: the content concerned (share link, name of the discovery or username), why you think it is illegal or breaches the Terms, your name and email address, and a sentence confirming that your report is made in good faith.

Reports sent by email receive a reply. We handle reports as quickly as possible, prioritising content that is manifestly illegal or shocking, normally within 24 hours. A malicious report may itself be sanctioned. For the most serious content (child sexual abuse, terrorism, incitement to hatred), you can also use the French official platform PHAROS.

Blocking a member

From a profile, "Block" lets you stop seeing a member's content. You can unblock them at any time from your profile.

What we may do

Depending on severity, repetition and context, we may: edit or remove content, remove it from the map, remove a recommendation, restrict some features, suspend an account or delete it permanently. Accounts created to get around a sanction are deleted.

When we remove your content or sanction your account, we tell you by email or in the app, with the reason for our decision, unless the law forbids it or we have no way to reach you. If you disagree, reply to that message or write to hello@discoverapp.fr within 6 months: a person reviews the decision. You can always bring the matter before a court.

When we become aware of information suggesting that an offence threatens someone's life or safety, we inform the authorities.

8. Notifications and emails

Notifications

If you allow them, Discover sends you notifications: new recommendations, comments, followers, medals, reminders about your discoveries, challenges and, more rarely, app news. You can turn them off at any time in your phone settings.

Account emails

We email you when the service requires it: password reset code, reminders about your discoveries, moderation decisions, replies to your requests or important changes to these Terms. These emails are part of the service: you receive them as long as you have an account.

Discover news

We may also email you news about Discover: new features, challenges and events, selections of discoveries, summaries of your activity, surveys to improve the app. You are told about this when you sign up and can unsubscribe at any time, free of charge, in one click from the link included in every email, or by writing to hello@discoverapp.fr.

Partner offers

Only if you have agreed to it, we may send you offers and deals from partners (places, brands, events) or other services of the publisher. Discover sends these emails itself: your address is never passed on to partners. They are labelled as sponsored content and you can withdraw your consent at any time, in the same way.

9. Discover's intellectual property

The Discover name and logo, the design of the app and the website, their texts, illustrations and code are protected. We grant you a personal, free and non-exclusive right to use Discover for your personal, non-commercial use. This right does not allow you to copy or reuse those elements.

You must not extract all or a substantial part of the discoveries database (scraping, bots, automated extraction), try to access the source code or the servers, get around our security measures or disrupt Discover.

10. Deleting your account, suspension and end of the service

You can leave whenever you want

In the app: Profile > "···" menu > "Delete my account". Deletion is completed within 15 days at most. Your email address, password, profile picture, followers and followed members are erased, and your username is replaced with "User".

Your discoveries and comments stay on the map, without your username or picture, because they are part of the shared map. If you would rather have them deleted, ask hello@discoverapp.fr before or after deleting your account: we will erase them.

Inactive accounts

An account with no sign-in for 3 years may be deleted, after a warning email sent at least one month beforehand.

End of Discover

If we decide to shut Discover down, we will notify members at least 30 days in advance, unless impossible, so they have time to retrieve their content.

11. Liability

Information in discoveries (opening hours, access, prices, details such as "dogs welcome" or "terrace", event dates…) is provided by members, for information only. It may be wrong or out of date: check it before you go. When you visit a place, you are responsible for your own safety, that of the people with you, and for following the local rules.

For content published by members, Discover acts as a host: we are not liable for that content until we are informed that it is illegal. We act quickly to remove it once informed.

These limits apply to the extent permitted by law. They do not deprive consumers of their statutory rights, and they do not relieve us of liability for our own fault.

12. App Store and other stores

If you downloaded Discover from the App Store, Apple's terms also apply, including its standard Licensed Application End User License Agreement. These Terms bind you to Discover only, not to Apple: Apple is not responsible for the app, its content, maintenance or support. The same applies to any other app store.

13. Changes to these Terms

We may change these Terms, for instance to follow changes in Discover or in the law. For an important change, we notify you in the app or by email at least 15 days before it takes effect. If you disagree, you can delete your account; if you keep using Discover after that date, you accept the new version. The date of the last update is shown at the top of this page.

14. Governing law and disputes

These Terms are governed by French law. If you disagree with us, write to hello@discoverapp.fr first: we will look for an amicable solution. Failing that, the dispute is brought before the competent French courts; if you are a consumer, you may also bring it before the court of the place where you live.

If a clause of these Terms is held invalid, the others remain in force. If the French version and a translation differ, the French version prevails.

15. Contact

For any question, report or request about your account: hello@discoverapp.fr. This address is also Discover's single point of contact for authorities and users under the EU Digital Services Act (DSA). We reply in French and English.

Privacy policy

This policy explains which personal data Discover uses, why, who it is shared with, how long it is kept and how to exercise your rights. It applies to the Discover app and to the discoverapp.fr website.

In short

• We collect the minimum needed to run Discover: your account, what you publish and some technical data.
• Your location is used to show you discoveries around you. It is not stored in your account or in any history.
• No data sales, no targeted advertising in the app, no cross-app advertising tracking.
• By email: news about Discover, with one-click unsubscribe, and partner offers only if you agree.
• Your profile and your posts are public.
• You can delete your account from the app at any time.
• Any question? hello@discoverapp.fr.

1. Data controller

The data controller is Olivier GUY, sole trader (entrepreneur individuel), 1 avenue du Corail, 13008 Marseille, France — hello@discoverapp.fr. Discover has not appointed a data protection officer; this address is the contact for any question about your data.

2. The data we use and why

We do not sell your data and never pass your email address on to partners or advertisers: Discover sends its emails itself. We make no automated decision producing legal effects concerning you. Rankings and distinctions (such as "Coup de cœur") apply to discoveries, not to people.

3. Your location

• Discover only locates you if you allow it on your phone, and only while the app is open. You can withdraw this permission at any time in your phone settings: the app remains usable, without the "around me" features.
• Your location is sent to our servers to find nearby discoveries and challenges and compute distances. It is not stored in your account and we keep no history of your movements. It may appear in the technical server logs, kept for 12 months (see section 7).
• When you post a discovery, the app may read on your phone the location stored in your photos to suggest a place. The photos sent are re-encoded without their metadata (GPS location, date, device model).
• The location of a discovery is public: that is what the map is for. Do not publish your home.

4. What others can see

The following are public, including to visitors without an account and through share links: your username, profile picture, stamp colour, level and medals, your discoveries and their location, your comments and their photos, your recommendations (with your username and picture), your followers and followed members. Your email address, your location, the members you block and your reports are never public.

5. Who can access your data

Your data is accessible to the publisher and to the team members who help with moderation, through protected access limited to that need. We also use service providers, who only use your data to provide their service to us:

If you sign in with Apple, Google or Facebook, that service knows you use Discover, under its own privacy rules. With Apple, you can choose to hide your email address.

Finally, we may pass data to the authorities when the law requires it (a court order, for example).

6. Transfers outside the European Union

Some providers (Apple, Google, Meta) may process data in the United States. These transfers are covered by the EU–US Data Privacy Framework, recognised by the European Commission on 10 July 2023, and by the Commission's standard contractual clauses. The United Kingdom benefits from an adequacy decision of the European Commission.

7. How long we keep your data

8. Security

Traffic between the app and our servers is encrypted (HTTPS). Passwords are stored hashed. Access to the administration tool is protected and restricted to the team. In the event of a data breach that puts you at risk, we notify the CNIL (the French data protection authority) within 72 hours and, if the risk is high, the people concerned.

9. Your rights

You can at any time ask to access your data, have it corrected or erased, restrict its use, object to processing based on our legitimate interest, receive it in a reusable format (portability), and withdraw your consent. You can also set instructions on what happens to your data after your death.

Several actions can be done directly:

• profile picture: change or remove it from your profile;
• notifications and location: your phone settings;
• email news and partner offers: unsubscribe link in every email;
• account deletion: Profile > "···" menu > "Delete my account".

For anything else, email hello@discoverapp.fr from the address linked to your account, or write to the postal address in section 1. We reply within one month. If we have reasonable doubts about your identity, we may ask you to confirm it.

If you think your rights are not respected, you can lodge a complaint with the CNIL: www.cnil.fr/fr/plaintes, or 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07, France, or with the data protection authority of your country.

10. Minors

Discover is for people aged 15 and over. If you think a child under 15 has created an account, let us know: we will delete it.

11. The discoverapp.fr website and cookies

The discoverapp.fr website presents the app and opens share links. It sets no advertising or audience-measurement cookies. Our servers only record the technical logs described above.

12. Changes

We update this policy when Discover or the law changes. The date of the last update is shown at the top of the page; for an important change, we notify you in the app or by email.

Legal notice

Publisher

The Discover app and the discoverapp.fr website are published by:

Olivier GUY, sole trader (entrepreneur individuel, EI)
1 avenue du Corail, 13008 Marseille, France
SIREN 841 880 321 — SIRET 841 880 321 00036
Phone: +33 6 15 29 80 24
Email: hello@discoverapp.fr

Publication director: Olivier GUY.

Host

o2switch SAS
Chemin des Pardiaux, 63000 Clermont-Ferrand, France
Phone: +33 4 44 44 60 40 — www.o2switch.fr
RCS Clermont-Ferrand 510 909 807

Point of contact and reports

To report illegal content, exercise your data rights or contact us for any other reason: hello@discoverapp.fr. This address is Discover's single point of contact for Member State authorities, the European Commission and users, under Articles 11 and 12 of Regulation (EU) 2022/2065 (Digital Services Act). Accepted languages: French and English.

Intellectual property

The Discover brand and logo, the design, texts, illustrations and code of the app and the website belong to the publisher. Any reproduction without permission is prohibited. Photos and texts published by members remain the property of their authors (see section 5 of the Terms).

Neighbourhood names: © OpenStreetMap contributors, data under the ODbL licence.