Privacy Policy

of the "MICHELIN Track Connect" App

On October 27, 2020

The MICHELIN Track Connect App is published by:

Manufacture Française des Pneumatiques Michelin, a société en commandite par actions incorporated under the laws of France with a share capital of 504 000 004 euros, registered with the Trade and Company Register of Clermont-Ferrand under number 855 200 507, with registered office at Place des Carmes-Déchaux, 63000 Clermont-Ferrand, France

Hereinafter referred to as "Michelin".

Publication Director:

Emmanuel Ladent, President of the Business Automotive Global Brand

Hosting company:

Manufacture Française des Pneumatiques Michelin, a société en commandite par actions incorporated under the laws of France with a share capital of 504 000 004 euros with registered office at Place des Carmes-Déchaux, 63000 Clermont-Ferrand, France

Please read carefully the following terms of use:

These terms of use, including the limitation of liability clause available in the Application ("Terms of Use" or "TU"), set out the modalities under which Michelin grants the user a right to download and use the MICHELIN Track Connect App ("Application"). From the terminal which meets the requirements listed in point 9 below ("Device"), the Application intends to accompany non-professional drivers, equipped with a Michelin Track Connect kit, before, during and after their driving experience.

· Before a driving session, the Application gives the optimum pressure for the vehicle according to the conditions of use declared by the User: Road or Track in dry, wet or rainy condition.

· During the driving session, the Application indicates in real time the tire pressure level and its temperature. It signals to the User how the tires are with respect to their optimum operating range, thanks to a very simple color code and reflects the impact of the pressure evolution on the vehicle's handling (tendency to understeer or to oversteer). A timekeeping function is also available*.

· After the driving session, the Application gives recommendations for tire-to-tire pressure adjustment and enables to analyze the evolution of the pressure and temperature data during the past session or the sessions that have elapsed in the ' My Runs ' menu. Users may also share their times with other users of the application in the "Teams" section.

* Note that the indication of the evolution of the vehicle's handling according to the changing pressures and the timer functionality are only available in the Track mode. The Road mode does not give access to these features. Also the timer functionality using the GPS data to count and time the Tracks on Track, the proper functioning of this feature is directly related to the correct reception of GPS signals by the User's Device.

Driving enthusiasts who do not have a Michelin Track Connect kit can also use the application with limited features. Users of the Leisure mode also have the opportunity to improve their driving experience on the track.

· While driving, the application offers a timing feature for the tracks available in the application.

· After the driving session, the application provides a run summary, with timing information and the possibility to replay the run. The user also has the possibility to enter the tyre pressure before and after the session to record and store the pressure changes. Users also have the possibility to share their times with other users of the application in the "Teams" section.

Users who are in contact with Motorsport teams and who are equipped with an MMC Kit also have access to the Rally mode. This mode allows users to improve their performance and driving experience during Rally events.

· Before driving, the application gives advice on the optimum tyre pressure when hot and the minimum pressure when cold.

· While driving, the application informs the user in real time about tyre pressure and temperature.

· After driving, the application gives access to a run summary, giving tyre pressure and temperature information, as well as the vehicle configuration previously entered (tread depth, camber angle).

These Terms of Use agreed upon between Michelin and the User who has accepted these conditions, hereinafter referred to individually as "Party" or collectively "Parties".

By clicking on the "I Agree" button and using the Application, the User expresses his consent to these Terms of Use. Michelin reserves the right to modify or review, in a discretionary manner, the Terms of Use at any time. These Terms of Use are available via or in the downloaded Application. To accept the modified or reviewed Terms of Use, the User must accept them in accordance with the method described above.

In any case, if the User does not accept the Terms of Use, the User must not use the Application and must remove it from his Device.

Content and installation of the MICHELIN Track Connect Kit:

In order to connect the MICHELIN Pilot Sport Cup 2 Connect tyres, it is necessary to purchase the MICHELIN Track Connect kit. It consists of 4 sensors to be installed in the tires (one per tire), a smartphone holder for the vehicle equipped with the MICHELIN Track Connect solution and a kit containing a receiver box, a cigar/USB light adapter, a short power cable and a long power cable for the receiver box.

The receiver box which is part of the MICHELIN Track Connect Kit and enables to transmit the signals of the sensors located in the tires to the User's Device must be placed in the middle of the vehicle between the driver's seat and the passenger seat. It is at this position that the reception quality of the signals is the best.

As part of the installation of the receiver box in a competitive or related vehicle, without its original interior equipment, Michelin recommends to insulate the box of the vehicle structure by using an interface in a material which is able to filter vibrations in order to preserve the integrity of the receiver box and its correct functioning. The User is responsible for the proper installation of the box and holds harmless Michelin in case of improper installation or damage to the box.

1. DEFINITIONS

The following terms shall, for the purposes of these Terms of Use, include in the singular and plural:

"Subsidiaries" means any company directly or indirectly, controlled, controlling or under the common control of one of the Parties. The term "control" is understood as defined in article L. 233 – 3 of the French Commercial Code.

"User" means any person authorized to use the Application in his name and on his behalf.

"User data " means the information entered by the User in and/or through the Application concerning his/her registration, participation (s) in Track or Road sessions, tires, vehicles and/or their respective uses to the extent that they are directly or indirectly linked to the User. This term does not include anonymized, consolidated or aggregated data.

"Intellectual Property Rights":

(i) Copyright, database rights, rights relating to unregistered trademarks, rights relating to unregistered designs, and any other similar right in any part of the world; and

(ii) Patents, registered trademarks, registered designs, and any other rights registered in any part of the world, as well as applications for registration for such rights, and the right to make such applications.

The terms beginning with capital letter and not defined above are defined in other parts of the Terms of Use.

2. RIGHT TO DOWNLOAD AND USE THE APPLICATION

Michelin hereby grants to the User a personal, non-transferable and non-exclusive right to download and use the Application, within the limits of these Terms of Use (the "right "). This right is granted to the User solely for his own needs and personal use, and subject to compliance with the Terms of Use.

In this context, this right is granted for the specific duration, determined by the option chosen by the User during his or her subscription.

The User has the right to use the Application and to access his User data through a login and password that he undertakes to keep in an appropriate confidential manner. Any data entered through these login names will be presumed to have been made by this owner.

In addition to article 5 below, the User is expressly prohibited from (including attempting to):

· Make the Application or any part thereof available to a third party, with or without consideration, with the exception of the State and/or judicial authorities which are authorized to have access to them in accordance with the applicable law;

· Copying, modifying, adapting, improving and/or translating the Application or any part thereof and the documentation relating thereto, the rights of which belong to Michelin, including for the purpose of debugging;

· Transfer, lease, sub-license, assign and/or distribute the Application or any part thereof or use the Application for the benefit of a third party, with or without consideration; and/or

· Decompile, disassemble, or reverse engineer for the purpose of creating a source code version or a derivative work from the Application or any part thereof.

The User is informed that certain components of the Application are subject to third party licenses, available upon request.

3. RESTRICTIONS

Within the strict limits of what is legally permissible, Michelin reserves the right to restrict, suspend or interrupt at any time the downloading and/or use of all or part of the Application for any reason whatsoever, But in particular for security purposes, and excluding any liability of Michelin.

The User agrees to:

· Not download or use the Application for illegal or illegal purposes, including but not limited to the infringement of the Intellectual Property Rights of Michelin or any third party;

· Not circumvent the safety measures implemented in the Application.

· Not hinder the correct functioning of the Michelin systems, in particular (i) by accessing and/or fraudulent use of the Application, (ii) fraudulent deletion, modification or introduction of non-compliant data in the Application, (iii) unauthorized access and/or misuse of the Application.

An infringement by the User of one or more of its obligations arising from the Terms of Use shall be considered as a breach of the Terms of Use by the User. Michelin, notwithstanding any other remedies set forth herein or under the applicable law, has the right, without notice and without any liability to the User, to refuse, suspend or terminate the User's access to the Application and the use of the Application by the User.

4. USER’S DATA

The User warrants and represents to Michelin that he has obtained and will maintain, at his expense, all prior rights, licenses, consents and certificates from the owners of the User's information for the purpose of downloading the Application and enter its data into the Application, or that it is the legitimate owner of the User's data.

The User warrants to Michelin that all information entered herein, including the User's data, is real, accurate, precise, current and complete in all respects.

The User expressly acknowledges to Michelin and its potential subcontractors the right to use the User's data in order to make the services, for the whole world and for the related duration.

5. INTELLECTUAL PROPERTY RIGHTS

Michelin, its Subsidiaries, and their licensors hold all the IP rights relating to any pre-existing element and/or a designated element and/or developed within the framework of the Application, its improvements, modifications, updates, subsequent versions, and its contents, including data entered or processed via or in the Application, but excluding the User's data expressly.

Michelin (including its Subsidiaries and licensors) holds, for the entire world and for the maximum period of legal protection of any Intellectual Property Right, the exclusive right to obtain, hold and renew in its sole name and/or for its exclusive benefit the patents, copyrights, rights of the database producer, registrations and any other intellectual property concerned, or any other protection relating to the aforementioned elements. For clarification, Michelin expressly reserves all economic rights including exploitation rights, for any country, on any medium and by any means whatsoever.

In addition to article 2 above, it is strictly prohibited for the User (i) to extract, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the contents of the database present in The Application on another medium, by any means and in any form whatsoever, (ii) to reuse, by making available to the public, all or a qualitatively or quantitatively substantial part of the contents of the database present in The Application, regardless of form.

6. PROTECTION OF PERSONAL DATA

Please refer to our Privacy Policy.

7. LIMITATION OF LIABILITY

The Application is provided "As is", and, within the limits acceptable by applicable Law, Michelin does not grant any warranties and hereby disclaims any warranties of any kind whatsoever (whether written, oral, express, implied), including warranty of merchantability or fitness for a particular purpose, in respect of the use, including non-compliance, or the inability to download and/or use the Application (as a whole or in part). Without prejudice to the foregoing, Michelin does not guarantee that all errors can be corrected, nor that the use of the Application is uninterrupted or error-free.

Within the limits acceptable by applicable Law, in no event shall Michelin and/or its Subsidiaries (including its subcontractor (s), legal representative (s) or its agent (s)) may not be liable to the User (including subcontractor (s), legal representative (s) or his agent (s) or assign-rights) (A) for any indirect, incidental, subsequent, incidental or consequential damages or any special, punitive indemnity including indemnities due to the loss of a chance, profit, value of goodwill, bodily harm and/or infringement of property, relating to or resulting from use, including non-compliance, and/or inability to download and/or use the Application and/or Services Partners (B) for any harm caused by an event of force majeure or an event outside the control of Michelin, including but not limited to any prejudice in relation with the connection or the transport via Internet, (C) for any prejudice caused by the User (s) subcontractor(s), legal representative(s) or its agent(s). This exclusion of liability is applicable regardless of the cause of the proceedings, whether in particular contractual, delict and/or because of the defective products, even if the responsible party has been notified of the probable occurrence of such prejudices.

In the case where the applicable law prohibits the disclaimer of liability above, and in all cases where Michelin's liability is not excluded, Michelin's overall liability for services, Application, including present Terms of Use, is limited to one thousand Euros.

The parties agree that the above limitations and disclaimers of liability are reasonable, in view of all the relevant circumstances and the level of risk associated with the obligations of each party arising from the services, the Application and/or the Terms of Use.

The user acknowledges that he has been warned and informed that:

(I) the use of the Application does not substitute in any way, nor prevent him from checking and maintaining his tires and his car. The User is, and remains liable for his decisions and the consequences that they can generate.

(II) The non-fulfilment or the careless implementation of the User's obligations with respect to tires may result in a failure of the tire and/or an explosion which may cause serious damage including death. The Application contributes to the improvement of the security, but does not replace the regular maintenance or any other safety practices which must be carried out by the User regularly (in particular the need to put back the pressure as recommended by the manufacturer by leaving a track before going on the road again).

IN ADDITION, THE ROAD PRESSURE RECOMMENDATIONS PROVIDED BY THE APPLICATION CORRESPOND TO THE MANUFACTURER'S RECOMMENDATIONS RELAYED BY MICHELIN. IN THE EVENT OF A DISCREPANCY BETWEEN THE RECOMMENDATIONS OF THE APPLICATION AND THOSE OF THE MANUFACTURER, THE MANUFACTURER'S RECOMMENDATIONS MUST ALWAYS PREVAIL AND BE TAKEN INTO ACCOUNT BY THE USER. MICHELIN CANNOT BE HELD LIABLE IF THE USER HAS FOLLOWED ITS RECOMMENDATIONS WHICH ARE NOT IDENTICAL TO THOSE OF THE MANUFACTURER.

8. TERMINATION OF USE BY THE USER

The User has the possibility to remove the Application of his Device and thus to permanently cease its use. Nevertheless, articles 5, 6, 7 and 8 continue to produce their full effects and survive the removal of the User's appliance.

Michelin reminds the User that the latter has the possibility to keep a durable copy of these Terms of Use by copying/pasting them and registering them on his Device before deleting the Application of his Device.

The User can consult, modify, request the deletion of his personal data at any time by sending an email to the address: contact.michelintrackconnect@michelin.com.

9. MISCELLANEOUS

Applicable law, mediation and competent jurisdiction: the Terms of Use are subject to French law, excluding its rules of conflict of laws- - unless there is a mandatory public policy regulation to the contrary on the territory of the European Union on which the application is used.

The Parties strive to resolve any disputes which may result from the interpretation, execution and/or validity of these Terms of Use.

Any dispute or consumer dispute concerning the execution of these Terms of Use may be settled amicably at the request of the User, by mediation at the mediation and arbitration Centre.

The User may also submit his possible claims on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission shall transfer the User's claim to the notified competent national ombudsmen.

The competent court shall be determined in accordance with the applicable law.

Severability: if one or more provisions of these Terms of Use were to be declared null or void, the other provisions will remain enforceable.

Amendment: Michelin reserves the right to add, modify, and/or delete any functionality and/or content of the Application, excluding any liability of Michelin.

10. PREREQUISITES PER DEVICE

To download and/or use the Application, the User must comply with the following requirements by Device:

· Have a smartphone device equipped with a camera, with an active Google store or App store account

· For iOS systems, all phones from IPhone 5 configured with a version of iOS 10.0 minimum are compatible

· For Android systems, Devices must be compatible with Bluetooth Low Energy (BLE). The Samsung under 3 years configured with a minimum Android version 4.3 are compatible. The Android Smartphone models other than Samsung may present incompatibilities with the offer.

· No restriction of administrative rights on the Device

· Have access to Internet during the download of the Application and during any synchronization, if possible before and after the driving session, in order to update the data in The Application.

· Minimum available memory:

- Android 50 Mo

- Under IOS 300 MB