GENERAL TERMS OF USE FOR THE MOBILE APPLICATION

The Application is published by Lumiplan Montagne Company, a simplified joint-stock company with a share capital of 40,210 euros, registered office located at 1 impasse Augustin Fresnel 44800 SAINT HERBLAIN, registered with the Trade and Companies Register of Nantes under number B 432 911 469.

GENERAL TERMS OF USE FOR THE MOBILE APPLICATION

These General Terms of Use (hereinafter "GTU") aim to establish the rules for the use of the mobile application (hereinafter "the Application") produced by Lumiplan Montagne Company.

Downloading and using the application imply the unconditional acceptance of these GTU by users who certify to be aged over 15 years (hereinafter referred to as "Users"). Lumiplan Montagne Company reserves the right to modify these GTU at any time by publishing a new version available for consultation.

ARTICLE 1. PURPOSE OF THE APPLICATION

The Application is made available to Users by Lumiplan Montagne on behalf of the corresponding ski resort (hereinafter the "Resort") to access information and services related to the resort and ski area.

Lumiplan Montagne reserves the right to modify the list and content of the Application's features at any time and without notice.

ARTICLE 2. ACCESS TO APPLICATION FEATURES

To access the Application's features, the User must:

• Have an iOS mobile device (compatible version displayed on the Apple Store) or Android (compatible version displayed on Google Play Store)
• Have access to the Internet
• Download the application from the Apple Store or Google Play Store download platform.
• It is necessary to create a personal account only to access the SKI+ services described below.

ARTICLE 3. AVAILABILITY OF THE APPLICATION

The Application is accessible 24/7, except in case of force majeure, breakdown, and maintenance. Maintenance operations may be carried out at any time and without notice.

ARTICLE 4. USE OF THE APPLICATION

The User agrees to use the Application for personal and non-commercial purposes, not to sell, rent, or market in any way all or part of the Application, to use the Application in accordance with its intended use, not to infringe the intellectual property rights attached to the Application and its constituent elements, not to use illicit data or data infringing the rights of third parties, Lumiplan Montagne reserving the right to delete such data without notice and without Users having the right to claim any compensation; not to commit any action that undermines the security or confidentiality of data processed by the Application.

ARTICLE 5. GENERAL TERMS OF USE OF THE SKI+ TRACKING MODULE

PRELIMINARY NOTE

Apple and Google Play are not sponsors and do not intervene in any way in the challenges offered by this application.

The tracking module developed in the "Smartphone" application allows any person certifying to be aged over 15 years (hereinafter "the User") to evaluate their skiing (or snowboarding) performance, compare them with those of other Users. Notwithstanding the foregoing, the SKI+ application is provided to Users by Lumiplan Montagne on its behalf.

ARTICLE 5.1 SERVICES OFFERED BY THE SKI+ TRACKING MODULE

ARTICLE 5.1.1 Description of services

The SKI+ application allows Users to:

• Measure their skiing (and snowboarding) performance (number of descents, elevation gain, distance, time taken, etc.) via their GPS data and, if applicable, pass number,
• Replay their route on the ski areas via their GPS data and, if applicable, pass number
• Participate in challenges offered by Lumiplan Montagne and its commercial partners, and
• Compare their performance with that of other Users,
• Access information from numerous ski resorts (hereinafter referred to as "Services").

The User's performance allows them to accumulate points and improve their ranking in the general ranking of Users. It also allows them to participate in challenges and win related digital badges. In any case, the completion of challenges, as indicated in § 5.1.5 below, will not result in any award or gift, nor in general any form of compensation from Lumiplan Montagne.

ARTICLE 5.1.2 Availability of Services

Lumiplan Montagne cannot guarantee continuous access to the Services. Maintenance operations of SKI+ may be carried out at any time, temporarily preventing access to the Services. In addition to these necessary inconveniences, damages inherent to the use of the internet network may occur (service interruption, external intrusion, viruses, fraudulent use by a third party). Lumiplan Montagne cannot be held responsible in these various scenarios, nor, more generally, in case of unavailability of the Services.

Lumiplan Montagne also reserves the right, without notice, to permanently interrupt the Services.

ARTICLE 5.1.3 Use of Services

In order to use the SKI+ Services, the User must, at their choice:

• Create a SKI+ account and choose a username and password, which can be modified online in the SKI+ Personal Space. The User is invited to personalize their profile by uploading a profile picture if they are of legal age, or by choosing an avatar if they are a minor;
• Log in via their Facebook account. The adult User acknowledges and accepts that SKI+ accesses their Facebook profile picture, which may be viewed by other Users.

If applicable, the User agrees not to use, as a profile picture, an image protected by the intellectual property rights of others and for which they have not been previously authorized to use and share.

The username and password of the Facebook or SKI+ accounts chosen by the User are strictly personal and confidential and must not be communicated or shared by the User with third parties. The User is responsible for the use of their identification elements by third parties or for actions or statements made through their personal User account, whether fraudulent or not, and guarantees Lumiplan Montagne against any claims in this regard. The User acknowledges that Lumiplan Montagne is not obliged and does not have the technical means to verify the identity of the individuals registering and/or using its Services. If the User has reason to believe that a third party is using their identification elements or account, they must immediately inform Lumiplan Montagne.

The User warrants that the data they provide is accurate and true. They agree to promptly inform Lumiplan Montagne in case of any changes to the data provided during their registration and, if necessary, to make these changes themselves within their SKI+ Personal Space.

Only the username and, if applicable, the profile picture of the User may be viewed by other Users, excluding other personal data which will remain confidential.

ARTICLE 5.1.4 Free Services

The downloading and use of the SKI+ application by Users are not charged. Lumiplan Montagne reserves the right, however, to eventually make its download and/or use paid.

It is clarified that the equipment (mobile phone, software, means of telecommunications, etc.) allowing access to the Services are the sole responsibility of the User, as well as the communication costs incurred by the download of the application and its use.

ARTICLE 5.1.5 Absence of User Gratuities

Subject to what is indicated in § 5.1.4 above, the participation of Users in challenges is free. Consequently, Lumiplan Montagne does not award any prizes, gifts, or any form of compensation to Users. The User acknowledges this and therefore refrains from claiming any reward from Lumiplan Montagne.

Lumiplan Montagne's commercial partners to whom User data is transmitted under the conditions provided for in § 8 below, may, at their discretion, award prizes, gifts, or gratuities to certain Users. Any contests or lotteries organized by Lumiplan Montagne's commercial partners are done under their own responsibility. Lumiplan Montagne can never be considered as an organizer of a lottery and/or contest and does not incur any liability in this regard, notwithstanding the fact that it invites Users to visit the websites of commercial partners to register for contests or lotteries organized by them. The regulations of contests or lotteries organized by Lumiplan Montagne's commercial partners must be requested directly from them. Therefore, the User acknowledges and recognizes that Lumiplan Montagne is in no way responsible for the conditions under which its partners decide, autonomously, to award prizes, gifts, or gratuities, nor for their quality or delivery.

ARTICLE 5.3 LUMIPLAN MONTAGNE'S LIABILITY LIMITATIONS

The SKI+ application is intended to measure skiers' performance in a playful manner and is not intended to provide Users with information about the state of the ski area or weather conditions. The various pieces of information displayed in the SKI+ application are communicated by partner resorts. Lumiplan Montagne cannot guarantee their real-time updating or their completeness and is exempt from any liability in this regard. Consequently, the User acknowledges that the SKI+ application should only be used based on the daily information (about the state of the ski area and weather conditions) provided directly by the ski resort they are staying in.

Lumiplan Montagne cannot be held responsible for the loss of User data or the inability to exploit or reconstruct this data, resulting from a failure on the part of the User or limited internet access.

Lumiplan Montagne will not be liable in any case for the indirect damage suffered by a User or a third party as a result of using SKI+.

ARTICLE 5.4 INTELLECTUAL PROPERTY

The SKI+ application is a creative work protected by French and international legislation on copyright, intellectual property, literary, and artistic rights, and other similar rights. All elements composing SKI+, such as trademarks, designs, logos, images, texts, sounds, and other documents, are protected by intellectual property rights and are the exclusive property of Lumiplan Montagne. They may not be reproduced, used, or represented without the express authorization of Lumiplan Montagne and/or its partners, under penalty of legal action.

Likewise, all trademarks mentioned in SKI+ are registered trademarks of their respective owners. Thus, any distribution, copying, duplication, modification, transfer, representation, or reproduction, in whole or in part, of the SKI+ application or any of its constituent elements, in any manner and for any purpose, are expressly prohibited, as is their modification. Failure to comply with this prohibition may constitute infringement, engaging the liability of its author.

The rights of use granted to Users by Lumiplan Montagne are reserved for private and personal use within the framework and for the duration of registration for said Services. Any other use by Users is prohibited without the authorization of Lumiplan Montagne.

The User expressly undertakes not to modify, copy, reproduce, download, broadcast, transmit, commercially use, and/or distribute the Services, trademarks, application pages, and SKI+ website, nor the computer codes of the elements composing the application and the SKI+ Services in any way.

ARTICLE 6. SETTINGS MANAGEMENT

The user can manage the settings of the Application by clicking on the "Settings" button in the "Menu" of the Application.

The user can provide details about their stay as well as information about their preferences, allowing them to obtain information about activities available in the ski area that are suitable for group members.

ARTICLE 7. INTELLECTUAL PROPERTY

Lumiplan Montagne owns the intellectual property rights of the Application and its constituent elements.

Lumiplan Montagne grants the user a non-exclusive, non-transferable, global, revocable, and free license to use the Application.

It is expressly forbidden for the user to undertake any copying, extraction, reproduction, adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, reverse engineering, export, use of the source code, or merger of all or part of the Application or its constituent elements without the express prior authorization of Lumiplan Montagne.

ARTICLE 8. PROTECTION OF PERSONAL DATA FOR THE APPLICATION AND FOR SKI+

Lumiplan Montagne undertakes to comply with the provisions of Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the "GDPR," and to take all necessary precautions to preserve the security of the personal data of Users that it may process, which are strictly necessary for the provision of the Services (hereinafter referred to as "Personal Data").

8.1. Identity of the Data Controller and Subcontractors

8.1.1. Lumiplan Montagne, as a subcontractor of the Application (the data controller being the Resort) and as the data controller for SKI+, processes the Users' Personal Data as informed accordingly.

The Data Protection Officer (DPO) of the Resort is Pierre-Olivier GROS, whose contact details are as follows: protectiondesdonnes@labellemontagne.com.

The Data Protection Officer (DPO) of Lumiplan Montagne is Mr. Jean-Marie FRECHE, whose contact details are as follows: dpd@lumiplan.com.

8.1.2. If Lumiplan Montagne uses subcontractors' services in providing the Services, it guarantees to Users that it verifies beforehand if these subcontractors offer sufficient guarantees regarding the protection of Personal Data.

8.2. Personal Data Processed and Purpose of Processing

8.2.1. Personal Data refers to information that directly or indirectly identifies Users. By downloading the Application, the User agrees to the use of their Personal Data in accordance with these General Conditions.

8.2.2. In the provision of services, the processing of Users' Personal Data is strictly necessary for the provision of services. Personal Data may include, in particular:

• Personal data collected if Users open a personal account to access the SKI+ application via the Application: first name, last name, email, date of birth, country, if applicable, Facebook identifier if logging in via Facebook connect, password, ski pass number.
• Personal data collected when using SKI+: skiing session tracking, ski lift passes, GPS position (Personal Data also collected for the Application), instantaneous speed, day and time, altitude of the skiing session, badges earned, points earned, photos, videos.

The collection of Users' ski pass numbers serves either:

• to reload their ski pass through the Application
• to geolocate them on the slopes when they pass ski lifts, thus compensating for failures of their terminal's GPS. Users can choose not to communicate this Personal Data. They will then potentially benefit from the Services in a degraded mode due to possible GPS failures. By expressly agreeing to communicate their ski pass number, Users accept that the ski resorts where they ski communicate to Lumiplan Montagne the information of their routes collected via their ski pass.

8.2.3. Users' Personal Data is processed for the following purposes:

On the Application:

• Help the User to geolocate themselves on the ski area or the resort and provide services in a nearby area.
• Allow sending them all this information; the user must give permission to send push messages beforehand (Note: users can withdraw their consent by modifying the settings of the "Notification Center Settings" page of the Application).
• Reload their ski pass. On SKI+:
• Evaluate their skiing and snowboarding performance (number of descents, altitude difference, distance, time achieved, ...) via their GPS data and, where applicable, their ski pass number;
• Trace the ski area route via their GPS data and, where applicable, their ski pass number;
• Meet the challenges proposed by Lumiplan Montagne and its partners or by the Resort and compare their performances with those of other Users;
• Consult information from many ski resorts.

8.2.4. The Personal Data requested is mandatory for the provision of part or all of the services. Failing to activate the location service, allowing access to Personal Data from the Application, and all Personal Data provided on SKI+ will prevent Users from benefiting from the services offered by SKI+ and/or the Application, as appropriate.

8.2.5. Personal Data processed on SKI+ and the Application is recorded.

8.3. Recipients of Personal Data

8.3.1. Personal data collected on SKI+ and on the Application is processed by the teams of Lumiplan Montagne and the Resort and may be transmitted to subcontracting companies that they may call upon in the performance of their services, under the conditions provided for in Article 8.1.2.

8.3.3. Lumiplan Montagne and the Resort undertake not to transmit Users' Personal Data to third parties other than their subcontractors and partners (sponsors if Users use SKI+ via the Application). In this respect, partners have limited access to the Personal Data necessary for the performance of the Services concerned (name, first name, and email), and have a contractual obligation to use them in accordance with the regulations in force regarding Personal Data. The User expressly agrees that this Personal Data be transmitted to partners by participating in challenges organized by them. These will then be processed by the partners, under their sole responsibility, as data controllers.

8.3.4. Personal data is stored exclusively on hosting servers located exclusively in the European Union.

8.4. Retention Period of Personal Data

8.4.1. Personal data is stored for a strictly necessary period for the achievement of the purposes.

8.4.2. Personal data is kept, unless otherwise provided by law or regulation, for a maximum period of two (2) years from the last recordings or modifications made, taking into account the seasonality of the use of SKI+. As an exception to the foregoing, location data collected to allow the provision of the aforementioned services of the Application is not retained.

8.4.3. Notwithstanding what is provided in Article 8.4.2, Personal Data relating to ski route/positions will be kept for a maximum of 7 (seven) days following their collection.

8.4.4. At the end of the strictly necessary retention period for the aforementioned purposes or in the event of exercise of the rights by Users in accordance with Article 8.6, Personal Data is destroyed.

8.5. Security of Personal Data

Great importance is attached to the security of Users' Personal Data. Commitment is made to take all necessary precautions and to implement appropriate technical and organizational measures to ensure a permanently appropriate level of security and protect Users' Personal Data against any modification, destruction, and unauthorized access.

The following technical measures are in place:

• Secure hosting in France, in OVH Datacenters, on dedicated machines and on Ubuntu OS. (Refer to the OVH security policy, https://www.ovh.com/fr/apropos/securite.xml)
• Restriction of server access by SSH keys and protection by Firewall.

8.6. Users' Rights Regarding their Personal Data

8.6.1. Users have the possibility to exercise their rights of access, rectification, deletion, opposition, processing limitation, portability of their Personal Data, and the right not to be subject to automated individual decisions (including profiling). To exercise any of these rights, Users must send their request by email to the following address: skiplus@lumiplan.com. They will be answered as soon as possible and, at the latest, within one (1) month from the receipt of the request.

8.6.2. If Users believe that the processing of their Personal Data constitutes a violation of current legislation, they have the possibility to lodge a complaint with the CNIL (www.cnil.fr).

8.7. Confidentiality of Personal Data

The confidentiality of Users' Personal Data is guaranteed, and it is ensured that authorized persons processing said Personal Data also undertake to respect the obligation of confidentiality.

ARTICLE 9. FINANCIAL CONDITIONS

The download of the Application and access and use of its features are free, except for any account fees charged by telephone service providers and Internet access.

ARTICLE 10. LIMITATION OF LIABILITY

Lumiplan Montagne declines any liability concerning:

• Any violation of the T&C by the User;
• Any malfunction of the Internet network affecting the operation of the Application. In this regard, the User declares to have taken note of and accepted the characteristics and limitations of the Internet, including the functional characteristics and technical performance of the Internet, connection problems and access to the Internet, network availability and congestion problems, network failure and saturation problems, problems related to transit times, access to online displayed information, response times to display, view, access data and transfer them, the risk of interruption, protection of certain data against misuse and hacking, the risk of network virus contamination, etc.; any malfunction or improper use of the device and any other equipment of the User; any defect, delay or loss or error in data transmission independent of Lumiplan Montagne's will.

ARTICLE 11. AMENDMENTS TO THE T&C

The T&C applicable are those in force when the User connects to and uses the Application.

Lumiplan Montagne reserves the right to modify all or part of the T&C at any time and without notice. The User will be informed of any new version of the T&C posted online the first time they log in to the Application after the publication of said version. They will be asked to read and accept the new version of the T&C. In case of refusal, the User will no longer be able to use the Application.

ARTICLE 12. COMPLAINT

The User can report any malfunction or failure to the company by email to the following address: smartphones@lumiplan.com

ARTICLE 13. LANGUAGE

In the event of any discrepancy between the T&C in French and the Terms of Use in English, the T&C in French shall prevail.

ARTICLE 14. APPLICABLE LAW

These General Conditions are governed by French law.