a) Legal Notices
The websites accessible at the URL addresses https://hozana.org/en and https://rosario.app/en are designed and developed by the Hozana Association (hereinafter "Hozana"), an association governed by the law of 9 December 1905 and the registered office of which is 6 rue du Palais de Justice, 69005 Lyon.
The present General Terms of Use (hereinafter "GTU") aim to establish the conditions of use for all services (hereinafter referred to as "Services") offered on the websites accessible at the URLs https://hozana.org/en and https://rosario.app/en (hereinafter "the Sites") and the mobile and tablet applications published by Hozana: the Hozana application and the Rosario application (hereinafter "the Applications"). The GTU apply to any version of the Sites and Applications in languages other than French. The GTU apply to any variation or extension of the Sites and Applications on existing or future social and/or community networks. They shall prevail in case of conflict with any other general terms of use.
Any person who has access to the Sites and Applications, regardless of their status, their location, the means of connecting to the Sites and Applications, the purpose and the objective of their access to the Sites and Applications and/or the use of the Services, is a user (hereinafter "the User").
Hozana can be reached by email on this page.
The Sites are hosted by OVH, whose registered office is located at 2 rue Kellermann - 59100 Roubaix - France, and can be reached on the website www.ovh.com.
The Director of the publication of the Sites and Applications is Mr. Olivier Bonnassies, the Editor-in-chief, Mr. Thomas Delenda.
b) Object
Sites and Applications are freely accessible and free of charge for all Users. They consist of Christian prayer websites and applications. They provide Users with access to prayer content and allow them to pray alone or in groups with other Users. Users can interact through various channels (messaging, comments, etc.).
c) Acceptance of the General Terms and Conditions
The User is presumed to know and accept, without reservation, all of the General Terms and Conditions of Use solely by connecting to the Sites and Applications, regardless of the receiving terminals used. Furthermore, the acceptance of the GTU during any registration is deemed to be a signature by the User, who waives the right to challenge them in the event of a dispute. The User is invited not to connect to the Sites and Applications, and not to use the Services, if they do not accept all or part of the GTU.
a) Creation of the member space
Creating a member account is an essential prerequisite for using the Services offered on the Sites and Applications by the User and for participating in their content. To this end, the User will be asked to provide a certain amount of personal information (first name or pseudonym, email and password, and optionally, location, date of birth, sex, and other information regarding prayer preferences). By accepting to provide this information, the User undertakes to provide accurate information, under penalty of having their member account deleted by Hozana.
A user creating a member account implies, on their sole responsibility, that they have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or trustee if they are incapacitated, or of their legal representative if they are a minor. For Users declaring themselves incapacitated or minors, or in case of doubt, Hozana reserves the right to request written authorization at any time and to carry out all necessary verifications, as well as to delete the registration of Users who do not immediately provide said authorization. Guardians, trustees, or parents (or holders of parental authority) accept to be guarantors of compliance with all the provisions of these General Terms and Conditions. They acknowledge that it is their responsibility to monitor the use made by the incapacitated and minor children of the Services.
b) Operation of the member space
The member space allows the User to consult all the information provided during registration, to create prayer groups, and to manage the information possibly accessible to other Users (prayer groups they are registered in, etc.).
If the personal space or the data it contains were to disappear following a fortuitous event, a technical failure or a case of force majeure, or any act attributable to a third party, or to the Internet, Hozana cannot be held responsible, as this information is for informational purposes only, and the User must take the precaution of making a copy by their own means.
The editor Hozana reserves the right to delete the account of any member who has violated the Terms of Use (in particular, but not limited to, when the member has knowingly provided incorrect information during registration and the creation of their personal space) or any account that has been inactive for at least one year. This exclusion does not preclude the possibility for Hozana to take legal action against the User, if the circumstances justify it.
c) Password
When creating their member account on the Hozana website and application, the User is asked to choose a password, which allows them to access the Services. This password is personal and confidential and ensures the confidentiality of the information contained in their personal account. The User therefore undertakes not to transmit or communicate it to a third party, and ensures that it remains confidential. Hozana cannot be held responsible for unauthorized access to a User's account.
Through the "Facebook connect" or "Google+ Sign-In" applications available on the website, the User will have the ability to log in to the Hozana site and application using the username and password associated with their "Facebook" and "Google+ Sign-in" accounts.
Within this framework, the account information provided on "Facebook" or "Google+ Sign-In" will be communicated to Hozana, under the same conditions as if the User had registered directly on this website. The collected information includes the email address, name, first name, and gender. This data will be used to personalize the User's experience (display on the Hozana website and application, and sending of emails), in accordance with the conditions specified in the section of these General Terms and Conditions related to the Law on Computers and Freedoms (loi Informatique et Libertés) of January 6, 1978. The collected data is not transmitted to third parties.
The User will then be considered a full member and will be subject to both these T&Cs and the terms of use of the websites https://www.facebook.com and https://www.google.com.
At any time, the user will be able to cancel the link between the Hozana site and application and the "Facebook connect" or "Google+ Sign-In" application via the mechanism provided by each of these applications (detailed in the Facebook support and in the Google support respectively).
The User may request the deletion of all their personal data by deleting their account or by contacting our support via the contact page or through the contact form available in the Rosario application.
Users can also request the deletion of all their personal data collected through the "Facebook connect" or "Google+ Sign-In" applications via the mechanism provided by each of these applications (detailed in the Facebook support and in the Google support respectively):
To delete personal data collected by Hozana via the "Facebook connect" application:
a) General Behavior of Users
Upon registration and on any use of the various Services to which the Sites and Applications provide access, each User commits, towards Hozana, other registered Users, and in general towards any third party, to:
Any User who registers and uses the various Services associated with the Sites and Applications, including in particular the publication of personal data concerning them, acknowledges that they do so under their full and exclusive responsibility, including the responsibility for the dissemination and reproduction of all information and data provided by them, and the consequences that arise therefrom with regard to other Users, and/or third parties.
b) Commitments Regarding Contributions Published by the User
The User declares and acknowledges that all information, data, texts, software, music, sounds, photographs, images, videos, messages, or any other content that they place on the Hozana website and application (hereinafter "Contributions") is under their sole and entire responsibility.
The User undertakes towards Hozana, other Users, and in general towards any third party, to unconditionally comply with all applicable legislation, and more particularly:
As a result, any registered User agrees in particular, with respect to Hozana, other registered Users, and in general to any third party, not to:
The User undertakes to cease any breach of these warranties upon Hozana's first request when informed, and if necessary, to take all necessary steps at their own expense to address and assume any third party claims, and to indemnify Hozana so that it incurs neither loss nor expense and any damage is compensated.
Users of Hozana sites and applications acknowledge being informed that the content of prayer communities and more generally the content of Contributions (posts, comments, statuses) must comply with the Hozana Charter in order to be published online, and commit to ensuring this compliance.
The user at the origin of said community will have the ability to moderate, under their sole and unique responsibility, the comments possibly published on the prayer community's posts. The user acknowledges in this regard that their responsibility (civil and criminal) may be engaged as soon as they do not promptly remove obviously illicit content of which they have become aware.
In order to exercise this capability, a button will be present on each comment allowing the User who created the prayer community to delete a comment left on one of the community's posts.
Hozana is available to anyone who wishes to report, via the button provided on each post, any content that violates the Terms of Use.
A messaging service will be made available to Users. This system is exclusively reserved for Users, and the confidentiality of their correspondence will apply. Any User who is a victim of abuse (spam, unwanted advertisements, or otherwise) can inform Hozana, who will do everything possible to take all necessary measures.
The content of the inbox and sent items is not guaranteed to be preserved or inviolable by Hozana, and it is the Users' responsibility to back up such content and refrain from writing anything that would violate the rights of third parties. The loss of this content, regardless of the cause, shall not be considered a damage to the user, who shall not be entitled to any compensation as a result, due to the free nature of this service.
By registering, Users accept that the Sites and Applications may send them a newsletter (information letter) usually on a weekly basis containing information relating to their activity.
Users will have the ability to unsubscribe from the newsletter by clicking on the designated link, which is included in each newsletter.
a) General - Purpose - Duration
Users have the free will to provide personal information about themselves. The provision of personal information is not essential for browsing the Sites and Applications. However, registration on the Sites and Applications implies the collection, by Hozana, of a certain amount of personal information concerning Users: first name or pseudonym, email, and password must be provided; usage preferences, gender, city of residence, and date of birth are optional. Users who do not wish to provide the mandatory information required to create a member account will not be able to use the full range of services offered, such as posting a prayer or comment on the Hozana website and application or joining a living rosary on the Rosario application.
The collected data is necessary for the proper administration of the Services as well as for Hozana to comply with its contractual obligations. This data is kept by Hozana solely for this purpose, and Hozana undertakes not to use it for any other purpose, nor to disclose it to third parties, without the express consent of the Users or as provided for by law, regulations, administrative decisions, or judicial rulings.
The contact details of all Users registered on the Sites and Applications are kept under secure conditions, according to the current means of technology, in compliance with the provisions of the Law on Computers and Freedoms (loi Informatique et Libertés) of 6 January 1978. They are deleted when the member space is deleted.
b) Right to access, rectification, and deletion
According to the latter, Users have the right to object, query, access, and rectify the data they have provided.
To do so, they simply need to make a request to Hozana via this form for Hozana Sites and Applications, and this form for those of Rosario, at the contact email addresses ([email protected] ; [email protected]), or by postal mail to the address of Hozana's headquarters: 6 rue du Palais de Justice, 69005 Lyon.
Personal data collected is subject to computer processing and is exclusively reserved for Hozana.
The person in charge of processing personal data is Mr. Delenda.
CNIL declarant number: 1743268 v 0
The User also has the option to delete their account themselves from the settings of their member space.
c) IP address
Furthermore, Hozana reserves the right to collect the public IP (Internet Protocol) address of all Users. The collection of this IP address will be done anonymously, it will be kept for the same duration as personal information and will only be used to ensure the proper administration of the services offered on the Sites and Applications. The IP address consists of a series of numbers separated by periods allowing the unique identification of a device on the Internet network.
Hozana will have to disclose all personal data related to a User to the police upon judicial requisition or to any person upon a judge's order. The IP address of any computer may be correlated with the actual identity of the User held by the ISP (Internet Service Provider).
a) General – Purpose – Duration
In order to allow all Users to have an optimal navigation experience on the Hozana website and application, and for better operation thereof, Hozana may place a cookie on the User's browser. This cookie allows storing information related to navigation on the site or application (date, page, hours), as well as any data entered by Users during their visit (searches, login, email, password). These cookies are intended to be stored on the User's browser for a variable period of up to 45 days, and may be read and used by Hozana during a future visit by the User to this website or application.
b) Right to Object to the Placement of the Cookie
The User has the option to block, modify the storage duration, or delete this cookie via the interface of their browser (usually: tools or options / privacy or confidentiality). In such a case, browsing on the Hozana website or application will not be optimized. If the systematic deactivation of cookies on the User's browser prevents them from using certain services or functionalities provided by the publisher, this malfunction shall in no event constitute damage for the User who cannot claim any compensation as a result.
c) Right to Object to the Placement of the Cookie
Users also have the possibility to delete cookies previously stored on their computer by going to the menu of their browser designed for this purpose (usually called tools/options or privacy/confidentiality). Such action has no impact on their browsing on the site and the Hozana application, but causes Users to lose all the benefits provided by the cookie. In this case, they will have to re-enter all the information concerning them.
a) Editorial Responsibility
Hozana's editorial responsibility is exclusively limited to the content created by Hozana (newsletters, guides, meditations, etc). It is not responsible for the content created by users (including content exchanged in messages).
Hozana is committed to complying with all applicable legislation, particularly the aforementioned rights including those related to the intellectual property of third parties.
Hozana also undertakes not to disseminate defamatory, abusive, harassing, or threatening statements against anyone, or in violation of the rights of others, and not to advocate crimes against humanity, incite racial hatred, or pedophilia.
b) Responsibility as a Technical Intermediary
In accordance with the provisions of the Law on Trust in the Digital Economy (loi sur la Confiance dans l’Economie Numérique) of 21 June 2004, Hozana's responsibility for the Services is that of a content host (hébergeur de contenus). The services offered on the Hozana websites and applications allowing Users to make Contributions do not fall within Hozana's editorial activity, which only provides Users with said Services and stores the content on its site.
Thus, Hozana cannot be held responsible for the Contributions, as its role is limited to removing from the Hozana website and application or suspending public access to a Contribution as soon as it has been informed that it violates these General Terms and Conditions, particularly the rights of third parties or current regulations, pending the resolution of the dispute between the User and the concerned third party.
Regardless of the monitoring means implemented by Hozana, it is understood that due to the volume of information and Contributions published, Hozana is not subject to a general obligation to monitor the information it stores, nor to a general obligation to search for facts or circumstances revealing illicit activities, nor to a guarantee obligation regarding the accuracy, integrity, or honesty of all or part of the Contributions and other elements emanating from Users.
Users will not be able to claim any compensation from Hozana for the provision, by another User, of inaccurate data or a lack of knowledge of their rights, or for abuse or bad faith by a User in the use of the Services.
Hozana reserves the exclusive right to suspend or delete the User's access to the Services for a duration of its choice if the User has violated the GTU, in particular, but not limited to, when the member has made racist, defamatory, or morally inappropriate remarks. The said suspension or removal shall not be liable to constitute harm to the excluded member. Hozana cannot be held responsible for these suspensions or removals and for any consequences that may arise for the User.
Hozana strives to maintain continuous and free access to the Sites and Applications, but does not guarantee uninterrupted availability. Interruptions may occur for maintenance reasons, updates, or technical issues. Due to the free nature of the services, Hozana cannot be held responsible for temporary unavailability, nor for any losses or damages related to the inability to access the Sites and Applications. Users therefore cannot claim any compensation if the services are interrupted. In the event of planned maintenance, Hozana will inform Users to the best of its ability.
Hyperlinks present on the Sites and Applications may redirect to other websites and Hozana cannot be held responsible if the content of these sites violates current legislation. Similarly, Hozana cannot be held responsible if the User visiting one of these sites suffers harm.
According to the provisions of the Law on Trust in the Digital Economy (loi sur la Confiance dans l’Economie Numérique) of June 21, 2004, Hozana is required as a host of content to hold and retain data enabling the identification of any individual who has disseminated content through its platform, in the event that judicial authorities request it.
The computerized files stored in Hozana's information systems under reasonable security conditions will be deemed as evidence of the deposit of Contributions as well as the various transmissions of information between the User and the Sites and Applications, enabling Hozana to carry out the processes desired by the User.
Data archiving of this data is carried out on a reliable and durable medium in order to correspond to a faithful and lasting copy, in accordance with Article 1348 of the Civil Code.
c) Responsibility for Events
Except for those organized directly by Hozana, the events relayed on our Sites and Applications (events of our partners, or meetings initiated by our participants) are organized under the responsibility of the individuals taking the initiative to organize them in the location of their choice, and it is their responsibility to ensure compliance with the applicable regulations (contacting the authorities, security service, respecting the rights and property of third parties, etc.), and if necessary, to take out insurance.
All the elements constituting this site are protected by law and in particular the provisions of the Intellectual Property Code (Code de la propriété intellectuelle).
a) Site Content
Internet users and Users acknowledge that, without written and specific authorization from Hozana, any total or partial copy, adaptation, distribution, broadcasting, rebroadcasting, or exploitation of one or more elements of the Sites and Applications (including all textual and graphic contents of the Sites and Applications, as well as their structure, name, and graphic design), in any form and on any medium, even if modified, is prohibited and may lead to legal action taken by Hozana or its rights holders. The brand "Hozana" is a protected trademark in France and abroad. Without express and prior authorization, any use of this appellation as well as any other trademarks, figurative or not, belonging to Hozana or third parties, is prohibited and exposes the User to criminal and/or civil proceedings.
b) User Contributions
The User declares and guarantees:
In return for the use of the Services, the User hereby assigns to Hozana, free of charge, their rights to their Contributions for the following uses:
This license is granted free of charge worldwide and for the entire duration of legal protection.
The General Terms and Conditions may be modified at any time by Hozana or its representative. The General Terms and Conditions applicable to the User are those in effect on the day of their connection to the Sites and Applications.
These General Terms and Conditions are subject to the application of French law and the jurisdiction of the French courts. The language of the contract is French.
Subject to public order provisions, any claims that may arise in the context of the execution of the T&Cs must, before any legal action, be the subject of an attempt at amicable settlement involving a detailed and justified notification of the grievance - via this contact form (for the Hozana website and application) and this contact form (for the Rosario website and application), and a response from the other party within 8 days - 20 days during the months of July and August - under penalty of a finding of failure of the amicable procedure, except in cases of emergency or summary proceedings.
If any provision of these General Terms and Conditions were to be declared void by a court decision, such shall not affect the validity of the remaining provisions, which shall continue to be effective.
Failure by the parties to temporarily or permanently invoke one or more clauses of these General Terms and Conditions shall in no way constitute a waiver of the remaining General Terms and Conditions.