Chatbot Terms of Use
Effective from 26/11/2024
1. General
These Terms and Conditions of Use describe the operation and conditions of use of the Chatbot on the www.aircaraibes.com website and the way in which data communicated when using the Chatbot is processed.
These GCU are independent of any other document that may apply to the contractual relationship that Air Caraibes may have with Users (cookies, ticket,...).
The Chatbot uses artificial intelligence, an evolving technology whose responses are generated on the basis of probabilistic models and information available up to its last training date. This technology relies on large-scale language models and may, under certain circumstances, generate unexpected, incomplete or incorrect information commonly referred to as "Hallucinations". Consequently, Air Caraïbes does not guarantee the accuracy, reliability or relevance of the answers provided by the Chatbot, which may produce answers that fall within the scope of "Hallucinations". Air Caraïbes invites the User to verify the information provided by the Chatbot directly on the Website.
2. Definitions
"CGU": refers to these General Terms and Conditions of Use of the Chatbot, which must be accepted by the User without reservation, prior to any use of the Chatbot.
"Chatbot": refers to the instant guided discussion tool based on artificial intelligence, offered on the Website, which any User may use to help them find information about the Air Caraïbes company and the conditions of its offers. In this respect, it is specified that the Chatbot is only an aid for finding information and not a decision-making tool within the meaning of Regulation (EU) 2024/1689 of the European Parliament and of the Council laying down harmonized rules on artificial intelligence, and that its responses shall in no way engage the responsibility of Air Caraïbes.
"Website": refers to the website accessible via the domain name www.aircaraibes.com
"User(s)": refers to any legal person(s) and/or any natural person(s) of legal age who accesses and uses the Website's Chatbot.
3. Who are we?
The Chatbot is offered by Air Caraibes, the data controller, a limited company with capital of 52,607,568 euros, whose registered office is at 9 boulevard Daniel Marsin, Parc d'Activités de la Providence, 97139 Les Abymes, Guadeloupe.
In this context, Air Caraibes uses the tool offered by PeachBot, a subcontractor, which is a société anonyme with a capital of 147,589.60 euros, whose registered office is at 18 rue Robert Stümper, L-2557, Luxembourg, registered with the Luxembourg Trade and Companies Register under number B254034.
4. How to contact us
If you have any questions about these T&Cs, you can contact us by email at : assistance-chatbot@aircaraibes.com
5. Using the Chatbot
Use of the Chatbot is subject to full and unreserved acceptance of and compliance with these GTU. Consequently, the User acknowledges having read all of the GCU and declares accepting them without reservation.
In the event of disagreement with these GCU, the User's sole and exclusive remedy shall be to cease using the Chatbot.
When using the Chatbot, the User agrees to:
- Use the Chatbot in a loyal and responsible manner;
- Refrain from any act or behavior likely to hinder the proper functioning of the Chatbot;
- Use courteous and respectful language in all circumstances;
- Use the Chatbot solely for any question relating to the products and services offered by Air Caraïbes on the Website and to the conditions applicable thereto;
- Strictly comply with laws and regulations, including but not limited to those concerning personal data, public order, defamation, disparagement, intellectual property, image rights.
- Do not transmit any sensitive data, in particular information relating to health, sexual orientation, racial or ethnic origin, or political or religious opinions;
- Do not transmit any confidential information, including in particular bank details, passwords, identifiers, etc....
The User is informed and acknowledges that the quality of the Chatbot's responses depends on the accuracy and relevance of the questions asked and the information provided.
The information requested by the Chatbot is necessary to be able to interact with the User who wishes to query the Chatbot. The User therefore undertakes to respond as faithfully as possible and in strict compliance with applicable regulations.
The User acknowledges that he/she is fully responsible for the information and content that he/she communicates in the Chatbot.
The User acknowledges that he/she has been informed that the Chatbot is a tool to assist in the search for information and that Air Caraibes cannot guarantee the accuracy and completeness of the information given by the Chatbot, which is constantly being improved. Consequently, Air Caraïbes invites the User to verify the information transmitted by the Chatbot directly on the Website.
Given the risks inherent in any online service and, despite the measures taken by it, Air Caraïbes cannot guarantee the proper functioning of the Chatbot or its total computer security. The User declares that he/she has been informed of this and agrees to waive any claim, request, action against Air Caraïbes in this respect.
6. Validity and modification of the GCU
If any of the provisions of these GTU are declared null and void or without object with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, the other provisions will remain valid and applicable.
Air Caraibes reserves the right to modify the GCU, the Website and its contents at any time and without notice, in particular to comply with legislative and regulatory changes or technological but also to adapt to changes in the Website by making new features available or removing or modifying existing features.
In the event of modification, the GCU in force on the day the User uses the Chatbot will be enforceable against the User.
7. Protection of Personal Data
The User acknowledges having read the Personal Data Protection Policy implemented by Air Caraibes, which is available on the Website by clicking here.
If the User is a consumer, in the event that he or she transmits his or her telephone number via the Chatbot, he or she is expressly reminded that he or she may use his or her right to register on the Bloctel telephone canvassing opposition list, pursuant to Article L.223-2 of the French Consumer Code.
7.1 Categories of data collected
Air Caraibes collects and processes personal data concerning the User as part of the use of the Chatbot in order to be able to respond to the User.
The data collected is essential for processing the User's requests. This includes:
- Meetadata: connection time, connection time, IP address, Model of telephone or computer, Operating system
- Conversation data that the User provides to the Chatbot in order to use it.
7.2 Purpose of processing and legal basis
Data are processed primarily for the following purposes:
- Analyzing the User's question in order to provide the requested information
- Rendering Chatbot usage statistics
- Improving the Chatbot tool
The processing is based on the User's consent, given prior to any use of the Chatbot, and on Air Caraïbes' legitimate interest in improving the tool and keeping statistics.
7.3 Data retention period
The conversation history is kept for a period of twenty-four (24) months after the User has finished using the Chatbot.
7.4 Recipients of personal data
Only authorized persons or departments of Air Caraibes or its subcontractors may access data for the purposes strictly defined herein.
7.5 Transfer outside the European Union
Transfers outside the European Union may present risks due to the difference in personal data protection granted by the regulations of third countries.
Any transfer of data outside the European Union is based on Air Caraibes' performance of the GCU. The data is then hosted by service providers offering sufficient guarantees.
7.6 Users' rights
In accordance with applicable regulations, the User benefits from a right of access, rectification, deletion, limitation and portability of his or her personal data, which is exercised according to the procedures indicated in the data protection policy. The User may also withdraw his consent to the processing of his data at any time.
For any further information on how to exercise these rights, the User may consult our data protection policy or contact the data protection delegate (by e-mail to dpo@aircaraibes.com ) indicating his first and last name and the date and time of the conversation on the Chatbot by e-mail to dpo@aircaraibes.com.
8. Cookies
The operation of our Chatbot service is ensured by the use of a necessary cookie deposited on your browser. This cookie enables the creation of a session and contains only a session ID. It is stored for 2 hours.
9. Security and confidentiality
Air Caraibes is committed to ensuring the confidentiality and security of data in order to prevent it from being distorted or communicated to unauthorized third parties.
10. Intellectual property
The Chatbot taken as a whole, as well as each of its component parts taken independently, including specific programs and developments and content including data, text, still or animated images, logos, sounds, graphics, files, are the exclusive property of Air Caraibes or third parties having granted it a license. Any total or partial representation of the Chatbot tool or of any of its component parts, without the authorization of Air Caraibes or the third party that has granted it a license, is prohibited and would constitute an infringement punishable by articles L.335-2 et seq. of the French Intellectual Property Code.
The trademarks and logos featured on the Chatbot are trademarks registered by Air Caraibes or by third parties. Any reproduction, imitation or use, total or partial, of these distinctive signs without the express authorization and in violation of the prohibitions provided for in articles L.713-2
Other distinctive signs, in particular corporate names, logos, slogans, trade names, brand names, domain names reproduced on the Chatbot are the property of Air Caraibes or third parties and any reproduction without express authorization is likely to constitute usurpation engaging the responsibility of its author on the basis of articles 1240 and 1241 of the Civil Code.
11. Liability
The Chatbot is an information retrieval tool using artificial intelligence, an evolving technology that may be subject to Hallucinations, which the User expressly acknowledges and accepts. The User is informed that the information transmitted by the User to the Chatbot as well as the answers obtained are not binding on the User or Air Caraïbes.
As a result, the User acknowledges and accepts that Air Caraïbes cannot be held liable under any circumstances for the information provided by the Chatbot and waives any claim or action against Air Caraïbes in the event of direct or indirect damage resulting from the use of the information provided by the Chatbot or the inability to use the Chatbot.
In the event of a contradiction between the information provided by the Chatbot and that provided by the Website, only the latter shall prevail.
The User is solely responsible for the use of the information communicated to him by the Chatbot as well as the information he transmits to the Chatbot. It is his responsibility to ensure that he does not transmit any information on the Chatbot that is contrary to laws and regulations.
12. Law and jurisdiction
These Terms of Use are governed by French law.
Within the limits provided by law, in the event of a dispute giving rise to the performance or interpretation of these Terms of Use, the dispute will be brought before the courts within the jurisdiction of the Paris Court of Appeal. Please note that these provisions do not apply to consumers.