Yes, you have the right to do so, if and only if the recording is intended to defend you in the event of aggression, violence or harassment.
If you record someone without their knowledge with the aim of harming them, it’s you who exposes yourself to the law. “What happens if I use QuiviveAPP to record others when I’m not the victim?”
The criminal courts have no difficulty in accepting any form of evidence from a private individual (article 427 of the Code of Criminal Procedure), even if it has been provided in an unfair manner.
The only requirement laid down by law and case law is that these recordings must be capable of being debated by both parties.
The government’s “service-public.fr” website provides details of the law on sexist offences (including the verbalisation of street and transport harassment):
“As the complainant, it is your responsibility to provide proof of the facts reported. All the evidence you gather will be examined by the courts: (…) recordings of conversations, even without the author’s knowledge “.
The recordings you make are stored locally on your phone. If you uninstall the application, or if your phone is lost, broken or stolen, you will lose your recordings.
You can save them on the QuiviveAPP server. Even if the app is uninstalled, your files can be retrieved by logging into your personal space on the website.
To secure your recordings on our server, you have two options:
- If you are a Premium subscriber: please note that this backup is not automatic; you will have to do it for each registration concerned.
In the application, go to your recording, drag the window to the left to reveal the cloud symbol (giving you access to the Cloud), then save.
- If you’re Freemium (free), you can secure a large registration via a €9.90 purchase.
You’ll receive the file by email, which you can either keep on your computer or forward to someone you trust.
No, even if you have the app on your phone, you have to activate it voluntarily for the phone to start listening to its sound environment and potentially keep a record.
It’s not just a recorder. A recorder will record and store everything.
QuiviveAPP allows you to retrieve a recording only if you press the “SAVE” button.
When QuiviveAPP is activated, the phone RECORDS and DELETE as it goes along, keeping a buffer in between.
If you’ve been a victim of violence, you need to take voluntary action to save the last 10, 20, 40 or 60 minutes.
If the “save” button is not pressed, the phone keeps no record of the recording.
What’s more, when you save a recording, you also freeze the geolocation, date and time. Which is super important if you decide to file a complaint.
As soon as you leave a zone of trust. It could be taking public transport, going out in the evening, coming home late, going for a jog or shopping. Any situation where you have identified a potential risk.
For professional use, it’s used whenever you feel uncomfortable or insecure at work.
After the attack, and once you’re safe from your attacker, you open the application and press the big SAVE button.
You’ll recover what happened before you pressed the button.
Our advice: above all, don’t take out your phone during an attack, as you risk having it stolen if the attacker realizes you’re recording.
It all depends on your subscription.
If you have the free version, you can activate the application in 1-hour sessions, with a maximum recovery time of 10 minutes. We have to act quickly after an attack!
If you are a subscriber, you can choose the duration of the activation: 1h, 2h or a maximum of 3h in a row.
For a 1-hour activation = you get the last 20 minutes back
For a 2-hour activation = you get back the last 40 minutes
For a 3-hour activation = you get back the last 60 minutes
60 minutes gives you time to recover from the shock of the attack and its full context.
As soon as possible after the attack, so that you can recover everything that happened, before, during and after.
No ! If you don’t voluntarily save a recording, the phone doesn’t save anything.
It’s impossible to replay everything the phone has picked up during the day. Only the save action lets you set a recording, limited to a maximum of 60 minutes.
Yes, once a potentially problematic situation has arisen, the user has the option of retaining the information needed to ascertain as far as possible what has just happened, and to use it as evidence if necessary.
Please note that this information can be used by law enforcement agencies or the justice system to a certain extent.
If this information can shed light on the commission of a criminal offence (violence, insults, assault, harassment, etc.), several court rulings have recognized the admissibility of such evidence, even when the perpetrator has not given his or her consent to be recorded. Violation of privacy cannot be invoked in this case, as the overriding interest is to provide proof of the commission of an offence.
On the other hand, if this information is used to establish a civil/commercial situation (acknowledgement of a debt, negotiation or disagreement over a contract, an event that does not fall within the scope of criminal law…), the information will only be admissible as prima facie evidence, i.e. as a clue.) the information will only be admissible as prima facie evidence, i.e. as a clue, and on condition that the judge agrees to consider its regularity, i.e. in particular when the fairness of the recording is not contested, which could be the case if it has been made without a person’s knowledge.
As far as possible, we must always guard against any violation of privacy or use of personal data without the consent of an interested party.
For this reason, users should use this application with discretion and, where possible, indicate that they are using the application.
QuiviveAPP has been designed solely to help victims provide proof of what they have suffered, either occasionally or repeatedly.
If the application is used to record a person without his or her knowledge, you risk being punished by the law.
The French penal code punishes with one year’s imprisonment and a 45,000 euro fine the deliberate violation of a person’s privacy, by recording private or confidential words without their consent.
We have implemented secure solutions to guarantee data protection and user information.
> The saved record is stored in the user’s telephone, accessible only by a 4-digit secret code.
> Premium subscribers can choose to transfer their files to QuiviveAPP ‘s secure cloud and send them to a trusted third party.
> The information sent to the QuiviveAPP server is never used, either by QuiviveAPP or by third parties.
QuiviveAPP has a DPO (Data Protection Officer) to guarantee the compliance of its processes. Maître LECHIEN is a lawyer, expert in digital law and RGPD referent.
You can write to him at: privacy@QUIVIVE-app.com
On the App Store and Google Play Store
