ORANGE, a public limited company with a capital of €10 595 541 532, registered on the Paris Companies Register under the number B 380 129 866, having its head office at 78, rue Olivier de Serres 75015 Paris Cedex, offers the DATA SHARE service (hereinafter the “Service”).
Access to and use of the Service is subject to these TOU which the User expressly accepts during their registration.
Article 1. Definitions
Association: designates the operation of establishing a link between a Connected Object and the Interface so as to transmit the Data stored on the Service.
Control: designates the execution via the Interface of various macro-commands according to the possibilities of the Connected Object.
Data: designates all the data generated by the Connected Objects during their use by the Users.
Anonymous Data: designates Data which has undergone a process of anonymisation, as a consequence of which it is not possible for it to be attached, directly or indirectly, to the User who has originated it.
Manufacturer: designates any third party manufacturer of a Connected Object who authorizes the User to accede to the Data produced by the Connected Objects and to share them.
Importing: designates the action of importing the Data generated by a Connected Object on the DATA SHARE Service at the initiative of the User.
Connected Object(s): designates an object capable of realizing a service and/or of producing and transmitting without human intervention different types of data in line with its use or functioning.
Sharing: designates the action initiated by the User of sending all or part of the User’s Data to the Provider(s) of their choice.
Provider: designates any service provider to whom the User is contractually linked, who, to execute all or part of their services, must accede to the User’s Data.
Article 2. Description of the Service DATA SHARE
The Service allows the User who has created an account on the Interface to realise the Association of all their Connected Objects so as to then Import and Share their Data with the Provider of their choice and Control their Connected Objects in a centralised manner.
To do this, the User must allow the Service access to the Data of their Connected Object according to the terms in which the manufacturer of the Connected Object (hereinafter the “Manufacturer”) authorizes access, consultation or reproduction.
The Service allows the User:
- To Import their Data;
- To centralize in a single graphic interface all the Data thus Imported;
- To implement the Control of their Connected Objects or between their Connected Objects;
- To Share their Data with the Providers of their choice.
Each of these uses can be revoked at any time by the User by connecting to the Interface.
Article 3. Conditions of eligibility
Access to and use of the Service are reserved to adults. In the event that the User is a minor, they should receive prior authorisation from their parents or the holder(s) of parental authority to use the Service. The User declares that the holder(s) of parental authority has (have) agreed to be guarantor(s) of the User’s respecting all the stipulations of these TOU. In the event of failure to respect these TOU, the parents or the holder(s) of parental authority are held liable for the activity of their minor children.
Article 4. Conditions of use of the Service
The use of the Service necessitates:
(i) the creation of a DATA SHARE account on the Interface;
(ii) that the Manufacturer technically authorises the Service to accede to the Data generated by the Connected Objects of the Users;
(iii) that the User is at the origin of the Data to which they wish to accede via the Service or that they have obtained the necessary authorisations from the persons at the origin of the Data;
(iv) that the User disposes of the necessary rights for use of the Service;
(v) that the Providers with whom the User wishes to share their Data have an account and access to the Interface.
Article 5. Tariff and Billing of the Service
At the date of onlining of this document the Service is free for Users. Nonetheless, Orange reserves the possibility at any time of introducing charges for all or part of the Service. In this case it will inform the User of this, and if the latter does not wish to pay they can cease to use the Service.
Article 6. Terms of access to the Service
To access the Service, the User must create an account on the Interface.
Once connected, the User can Associate one or several Connected Objects compatible with the Interface. To do this, the User will be invited to use the usernames and password associated with their Connected Objects and communicated by the Manufacturer.
The User attached to the Account is alone responsible for the use and communication of their usernames and/or personal password and consequently for the Importing and Sharing of their Data and the Control of their Connected Objects.
Also, the User acknowledges being informed of the risks relating to the protection of private life on the internet network and the possible hacking of information circulating on the Internet network.
Article 7. Obligations of Orange
Orange will do its best to ensure the smooth functioning of the Service.
Orange reserves the right, notably for reasons of maintenance, the right to suspend temporarily and without notice access to the Service or to some of its functions, without this interruption conferring the right to any indemnity to the profit of the User or any third party.
Orange provides assistance by email, at the following address: firstname.lastname@example.org
Article 8. Obligations and liability of the User
8.1 General obligations
The User acknowledges having verified the appropriateness of the Service to their needs and having received from Orange all the information and advice necessary for them to subscribe to these TOU.
The User is alone liable for their use of the Service and any damage they cause to Orange and should in no case make commercial use of the Service.
It is forbidden to modify the Service in any way, notably with a view to obtaining unauthorised access to the latter and seeking access to the Service or any of its component elements by any means other than the Interface.
Finally, the User undertakes and confirms that the Service is not detrimental to any of the contractual conditions in respect of which the Manufacturers put the Data at their disposal.
8.2 Importing of Data
After having proceeded to the Association of their Connected Object, the User can realise the Importing of Data by downloading it to their account, within the technical and contractual limits defined by the Manufacturer and those mentioned by Orange in the Interface.
8.3 Sharing of Data
Through the Interface, the User can determine the Partner (s) with whom they wish to share their Data. The User can at any time put an end to the Sharing of all or part of the Data which they have previously agreed to share with a Provider.
The User is informed and accepts that the Data transmitted to the Provider at their request is not subject to these TOU, but comes under the sole responsibility of the Provider and the contractual provisions which frame their relationship with the User.
Notably, the ending of the Sharing of Data in the context of the Service does not lead to the suppression of the latter from the servers of the Provider. It is incumbent upon the User to approach the Provider.
8.4 Obligations relating to Data
The User is fully liable for the content of the Data they Import. Orange implements in the context of the Service the necessary means to ensure a secure hosting of the Data against any malicious intrusion.
The use of the Service, and notably the storage and sharing of the Data, takes place under the sole liability of the User.
Article 9. Liability
The liability of Orange towards the User can only by undertaken for established facts which would be exclusively attributable to them. In using the Service, the User declares and guarantees that they are fully informed of the characteristics and constraints of the Internet, notably that the transmission of data and information on the Internet only enjoys a relative technical reliability. The User acknowledges that the Data Imported in the Interface storage area can be subject to intrusion from unauthorized third parties and/or be corrupted. Also information circulating on the Internet is not protected against possible diversion or viruses.
Orange can in no event be held liable for accidental or deliberate damage suffered by the User, whether or not brought about by third parties (including the Providers). Such damage includes in particular the possibility that all or part of the Data lodged by the User is disclosed to a third party or destroyed.
The User acknowledges being alone liable for the Data stored on the Service as well as the use which is made of it. They thus assume full civil and criminal liability for the Data, the claims of third party and the action that they could lead to, notably, but not exclusively, in the area of intellectual property, personality rights and the protection of minors.
Except in the event of a breach of its obligations in application of this document, Orange will not be liable for:
- the nature and quality of the Data transmitted by the User;
- difficulties of access to the Service arising from the total or partial non-respect of an obligation of the User, from the use by the User of equipment not adapted to the characteristics of the Service, or from a failure and/or a saturation at certain period on transport networks to the Internet world over which Orange has no control;
- the contamination by virus of the User’s Data, whose protection is incumbent upon them;
- malicious intrusions by third parties on the Service, despite the security measures put in place by Orange;
- the misuse of the Service and its storage area by the User;
- the damage which could be suffered by the User’s equipment (including the Connected Objects) during the use of the Service, these being the full responsibility of the User;
- possible theft of passwords, confidential codes and more generally any information of a sensitive character for the User or for the users connected to the account, these being their full responsibility;
- the use and/or the absence of use of the Data by the Provider;
- indirect damage, that is to say that which does not result directly and exclusively from the full or partial failure of the Service.
Possible compensation for damage to the User due by Orange which would result from a duly established failure on its part in the context of the execution of these TOU would correspond exclusively to direct, personal and certain damage linked to the failure in question, to the express exclusion of any indirect damage.
The User discharges Orange of any liability concerning Data used in any manner whatsoever by them or by the Providers they have designated through the Service. Any complaint by a third party relative to Data put online on the Service will be redirected to the User who will be fully liable for it.
The User undertakes to guarantee, at the first request, including in the event of a non-definitive court decision, to indemnify and compensate Orange for any direct damages that Orange could suffer if its liability is undertaken by a third party, as a result of a claim, an action or a complaint linked to the Data on the Service storage area or consequent to a use of the Service in violation of the rules contained in these TOU.
Article 10. Period – Termination
The Service is offered for an indefinite period.
The User can terminate the Service at any time by accessing the Interface following the different stages described there. Once the request for termination is made, the User will receive an email of confirmation of termination. If they confirm it, the Data will be suppressed and its Service storage area will be deactivated within a period of up to five (5) working days, without possibility of reversal. The User should prior to this termination carry out the necessary backups, the Data of their Service storage area being definitively lost starting from the termination.
The User is informed that the termination of these TOU has no effect on the Data liable to be stored on the platform of the Manufacturer and the Provider.
Orange can for its part terminate the Service at any time, subject to the respecting of a period of notice of two (2) weeks starting from the sending of an email to the address mentioned by the User in their account.
Article 11. Non-respect of the TOU
In the event of non-respect of one of the provisions of these TOU by the User either following the appreciation of Orange, or if Orange is referred to by a third party (notably a Manufacturer), Orange reserves the right without prior notification of temporarily or definitively interrupting access to all or part of the Service. In this respect Orange could suppress the Data or cease its Importing, Sharing or Control.
Orange reserves the right to immediately end the Service, notably if the behaviour of the User is incompatible with the terms and conditions of these TOU. This interruption will not give the User the right to any indemnity on the part of Orange.
Article 12. Developments
Orange reserves the right to develop the Service, notably by making new functionalities available, or by modifying or suppressing certain functionalities. The User will be informed of any modification concerning them.
Article 13. Licence
The User concedes to ORANGE, who accepts it, a licence on their rights of ownership relating to Anonymous Data transmitted to ORANGE, free of charge, non-exclusive and non-transferable, which can be sub-licensed to subsidiaries of Orange and to third parties, for the entire world and for the legal period of protection of the said ownership rights, for the purposes of improvement of the Service, as well as the creation, supply or placing on the market of data, products or services to the User or to third parties.
This licence includes the rights of use, reproduction, storage, execution, loading, transmission, representation and display of Anonymous Data, on any medium or by any means, the rights of adaptation, translation and/or modification of the Anonymous Data by any means, rights of creation of products and/or of services based on Anonymous Data, including the creation of data, products and/or of services derived from Anonymous Data, of the marketing, distribution or placing on the market of Anonymous Data, including the marketing, distribution or placing on the market of data, products and/or services derived from Anonymous Data.
Article 14. Personal Data
The User’s Data are liable to constitute personal data to the extent that they are attached to the elements of identification communicated by the User in their Interface account.
In its capacity as publisher of the Service, Orange is responsible for the processing of data of a personal character liable to be contained in the Data that the Users Import. The User could then exercise their rights of opposition (article 26 of the law), access (article 34 to 38 of the law) and rectification (article 36 of the law) of the data concerning this with Orange.
Once the Data is Shared by the User, the Provider becomes responsible for the processing of the personal data possibly contained in the Data, and requests for access to or suppression of Data should be addressed to their attention.
Thus, it is possible to demand the rectification, completion, clarification, updating or erasure of information concerning them which is inaccurate, incomplete, equivocal, or out of date or whose collection, use , communication or conservation is forbidden by sending an e-mail containing a copy of their identity card.
Article 15. Sundry
If one or several stipulations of these TOU are null or declared to be such in application of a law or regulation or following a definitive decision by a competent court, the other stipulations will maintain all their force and scope. The stipulations declared null and invalid will then be replaced by stipulations which are as close as possible in their content to the stipulations initially drawn up. The Parties will not be held liable, or considered as having failed in their obligations, for any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure as defined by the case law of the French courts. These TOU represent the whole of the agreement between the Parties and replace all previous agreements or declarations, oral or written, relating to their subject. Any claim or dispute relating to the Service should be transmitted in writing to the following address: Orange - Service DATA SHARE – 44, Avenue de la République, 92320 Châtillon or by email to the following address: email@example.com
These TOU are subject to French law.
In the event of dispute with a physical person, the competent court will be that of the domicile of the physical person.