The purpose of these general conditions of use (hereinafter referred to as “GCU”) is to determine the rules of use of the mobile application “Les échappées inspirées” (hereinafter referred to as the “Application”) published by the Office of Tourism Porte de DrômArdèche.
By installing the Application on your terminal and/or by accessing the Application, as a user, you unconditionally and unreservedly accept the entirety of the GTU defined below. If you do not wish to accept these TOU, we ask you not to access the Application.
Any use of the Application must be in accordance with these TOU.
Article 1. DEFINITIONS
The terms beginning with a capital letter within these GTU, whether used indiscriminately in the singular or plural, shall have, the meaning given to them below:
– Application” means the software application “Les échappées inspirées” published and provided by SAS EASY MOUNTAIN (SIRET N°: 802 843 227), giving access to the Services, which is available free of charge in the Apple Store and the Google Play Store to be downloaded by the User on his/her Apple iOS and Android device. The Application also includes the Content, software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that make up the Application, as well as any updates and new versions that may be made to the Application by SAS EASY MOUNTAIN (SIRET No.: 802 843 227).
– Content” refers to, but is not limited to, the structure of the Application, editorial content, drawings, illustrations, images, photographs, graphic charts, brands, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or any other element making up the Application.
– Services” refers to the various features and services offered by the Application.
– Site” refers to the official websites of the Office de tourisme Porte de DrômArdèche whose address is the following: www.autour-du-palais-ideal.fr
– User” or “You” refers to a natural person of age or minor who has obtained prior authorization from his or her parents or the person with parental authority, and who has downloaded the Application for his or her own needs, for strictly personal and non-commercial use, without direct or indirect profit-making purposes.
Article 2. PURPOSE OF THE APPLICATION
The purpose of the Application is to give You access to routes of strolls, walks or hikes selected by the Office de tourisme Porte de DrômArdèche. Within the framework of the use of the Application, the User will be proposed to discover elements located near the circuits of hikes presented.
Several Services can be proposed to the User and in particular:
– Guidance to the starting point using the solutions proposed by default by the telephones;
– downloading of routes
– Guidance on the proposed routes;
– The diffusion of information such as video, sound, photo, quiz, games;
– Sharing functionalities with social networks;
– Practical information;
This list is not exhaustive and can be modified at any time without any liability being incurred in this respect by anyone.
Article 3. ACCESS TO THE APPLICATION
To access and use the Application, You must have a compatible phone or mobile terminal and access to the Internet network.
The Application can be downloaded free of charge from the “Apple Store” and “Google Play Store” platforms on the following mobile terminals:
– Apple® Iphone® cell phone with the iOS operating system. The 3 latest versions of the operating system are supported;
– Cell phone with Android® OS. The 3 latest versions of the operating system are supported;
The software version of the Application may be updated from time to time to add new features and services.
Article 4. GEOLOCATION
The use of the geolocation functionality of the Application requires the prior express consent of the User to be geolocated. To do so, the User must activate, if he or she so wishes, the geolocation function directly in the settings of his or her mobile terminal and accept that the Application may use it. This feature can be deactivated or activated at any time and at no cost. The deactivation of the “Geolocation” function will no longer allow the Application to function.
By accepting the GPS geolocation function of the cell phone and the Application, the User will be able to use the Application to be guided when calculating routes to the starting point and for guidance on the selected route.
Article 5. FINANCIAL CONDITIONS
The Application is offered free of charge to the Users excluding the costs of subscription with the cell phone operator, excluding the costs of connection and access to the Internet network and excluding any additional costs charged for loading data.
Downloading the Application and using it requires a connection to the mobile network and/or the Internet. In this situation, the costs, fees, subscriptions and taxes related to mobile subscriptions and / or Internet are the exclusive responsibility of the User. The tourist office Porte de DrômArdèche cannot be held responsible for this.
Article 6. APPLICATION OF THE CGU
The CGU are applicable to any User of the Application and associated Services.
The User is invited to read carefully and at each visit the TOS which are accessible by hyperlink from the “settings” menu of the Application and may be modified at any time and without notice.
The Application may be updated on a regular basis. In this respect, any Application downloaded by a User has a limited validity in time, taking into account these updates to be downloaded imperatively and possible technical, legislative or regulatory developments, which the Tourist Office does not have control.
Article 7. INTELLECTUAL PROPERTY OF THE APPLICATION
The Office of Tourism Porte de DrômArdèche is the exclusive owner of all intellectual property rights relating to the Application and its Content, subject to the rights of the Easy-Moutain company whose license the Office of Tourism Porte de DrômArdèche operates.
Without prejudice to the provisions of article 7, none of the provisions of the CGU can be interpreted as a transfer, a sale, a concession, a license, a loan, a rental, an authorization of exploitation granted directly or indirectly by the Office de tourisme Porte de DrômArdèche to the benefit of the User on the Application its Content and/or the Services.
Article 8. LICENSE OF USE
The Tourist Office Porte de DrômArdèche grants the User a personal right to use the Application, Content and Services, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free of charge only for its own needs in the context of the use of the Application and Services, excluding any other purpose.
The User is strictly prohibited from accessing and/or using the source codes of the Application and/or the software components of the Application.
The User does not acquire any intellectual property rights in the Application, the Content and/or the Services or any other rights other than those granted herein.
This license does not grant User any right to use the Content. The User is therefore prohibited from reproducing, representing, adapting and/or exploiting any of the Content.
The User expressly undertakes that the use of the Application will in no way infringe the rights of the Tourist Office Porte de Drôme-Ardèche, and in particular that this use will not constitute an act of counterfeiting, unfair competition or parasitic content.
Article 9. OBLIGATIONS OF THE USER
The User expressly agrees:
– to download the Application on his equipment exclusively for personal and non-commercial use;
– not to reproduce permanently or temporarily the Application, in whole or in part, by any means and in any form;
– not to use software or processes intended to copy the Content without the prior written authorization of the Office de tourisme Porte de DrômArdèche;
– not to proceed to any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor to apply the reverse engineering of all or part of the Application, the Services and/or the Contents;
– not to export the Application, merge all or part of the Application with other computer programs;
– to make only short quotations, analyses and reproductions intended for press reviews and other uses expressly authorized by law within the limits and conditions set by the latter and subject in particular to quoting the names of the authors and the editorial source;
– to renounce expressly to use software or devices likely to disturb the good functioning of the Application, nor to engage in action likely to impose a disproportionate load for the infrastructures of the Tourist Office Porte de DrômArdèche;
– not to extract or reuse, including for private purposes, without prior written authorization from the Office de tourisme Porte de DrômArdèche, a substantial part or not of the content of the databases and archives constituted by the Application;
– not to set up systems likely to pirate the Application and/or the Content in whole or in part, or likely to violate the present CGU;
– to inform the Tourist Office Porte de DrômArdèche as soon as they become aware of an act of piracy and in particular of any illicit or non-contractual use of the Application and/or the Content whatever the mode of distribution;
– not to sell, rent, sub-license or distribute in any way whatsoever the Application and/or the Content to third parties.
Article 10. PROTECTION OF PERSONAL DATA
Any personal data that may be collected in the context of the use of the Application will be processed and stored in accordance with Law No. 78-17 of January 6, 1978, relating to information technology, files and freedomsand Regulation (EU) 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
10.1. Personal data and other information collected
The personal data or other information about you that we may collect from the Application fall into the different categories set out below:
Data that may be voluntarily provided when using the Application
The sharing of personal data such as geolocation, photos, reviews, phone number… through social networks or other features are the responsibility of the user. These uses must be subject to special attention of the user. It is advisable that the latter informs himself in particular by consulting beforehand the policies of confidentiality of the platforms or services concerned before any sharing.
No data from these exchanges are stored or kept by the Office de tourisme Porte de DrômArdèche
You have the possibility to contact us via our contact form: https://www.autour-du-palais-ideal.com/ss-organization/contact-us//. The personal data collected during these exchanges will be processed for the purpose of taking into account and providing, if necessary, an appropriate response. This data will be kept for one year.
Data collected automatically when using the Application
When you use the Application, your mobile device automatically transfers various technical information to the application server, without any action on your part.
This information is necessary for the proper functioning of the Application and to enable you to access the services offered.
More specifically, the information concerns the following data:
– IP address of your mobile device
– Type and version of your mobile device (iPhone 6, iOS 8.1…)
– Application version number
Some of this information does not allow us to make a direct connection with a specific person, especially if it is not associated with your IP address, and is intended to ensure the quality of online services.
In any event, at the end of the usage process, the data listed above is stored anonymously, i.e., without being combined with your IP address, in so-called “Logfiles”. Thus, the information stored in these files cannot be used to determine your identity.
The data referred to in this section are collected and processed on the legal basis of the performance of a contract to which the data subject is a party (here the user) resulting from the use of the application (art 6 1.b of the EU Regulation 2016/679 on the protection of personal data, known as RGPD).
Enforcement of Users’ rights
In application of the regulations applicable to personal data, Users have the following rights:
– They can update or delete their data by logging into their account and configuring the settings of this account;
– They can delete their account, by writing via our contact form: https://www.autour-du-palais-ideal.com/ss-organization/contact-us//. Note that information shared with other Users, such as forum posts, may remain publicly visible on the Application even after their account has been deleted,
– They may exercise their right of access to learn about their personal data by writing via our contact form: https://www.autour-du-palais-ideal.com/ss-organization/contact-us//
– In this case, before the implementation of this right the Editor may request proof of the User’s identity in order to verify its accuracy, If the personal data held by the Editor are inaccurate, they may request the update of the information by writing via our contact form
– Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing via our contact form: https://www.autour-du-palais-ideal.com/ss-organization/contact-us//
Specific case “Firebase”
The Application uses “Firebase Services” (hereinafter “Firebase”) which is an analytics service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Firebase Performance Monitoring
“Firebase Performance Monitoring” allows us to evaluate the behavior of users of the Application in order to improve its operation and make your use more enjoyable. Firebase is a real-time database that we use to exchange and store data in real time. As part of the Application, user data is transmitted to Firebase.
Some Firebase services process personal data that is limited, in most cases, to time-stamped “Instance IDs. These Instance IDs assigned by Firebase are unique and allow us to link different events or processes. We process this aggregated data to analyze and optimize usage behavior, for example by evaluating crash reports. As this data is necessary to perform the sprvice offered in the use of the Application, the legal basis for this processing is Article 6.b of the GDPR.
Regarding “Firebase Performance Monitoring”, Google uses the “dpinstance ID”, as described above, as well as the “Ad ID” of the end device. In your mobile device settings, you can limit the use of the ad ID as follows:
For Android: Settings > Google > Ads > Reset Ad ID.
For iOS: Settings > Privacy > Ads > Limited ad tracking.
The following are types of data collected by Firebase Performance Monitoring in the configuration used for the Application.
– General device information, such as model, operating system and orientation
– RAM and disk size
– Operator (from the country code and network code associated with the phone)
– Radio or network information (e.g. Wi-Fi, LTE, 3G)
– Country (from anonymized IP address)
– Regional/language settings
– Signal strength
– Unlocked or rooted state of the device
– Battery level and charge status
– Application version
– Status in the foreground or background of the application
– Application package name
– A pseudonymous application instance identifier
– Network URL (URL parameters or payload content not included) and the following corresponding information:
o Response codes (e.g., 403 or 200)
o Payload size in bytes
o Response times
– Page views
View a complete list of automated traces collected by Firebase Performance Monitoring.
Firebase Cloud Messaging
“Firebase Cloud Messaging is used to send push notifications or in-app messages (messages that are only displayed in the Application). A pseudonymous push reference is assigned to the mobile device, which serves as a target for the push or in-app messages. More information can be found in the section ‘Voluntary user authorization: push notifications’ described below.
The data from this process may be transmitted by Google to a server in the USA for evaluation and storage. In the event that personal data is transferred to the United States, Google declares that it is certified under the EU-US Privacy Shield Framework and complies with the obligations arising from it.
For more information on Google and Firebase privacy, refer to https://www.google.com/policies/privacy and https://firebase.google.com/support/privacy/.
10.2. Application permissions on the mobile device
Following the installation of the Application, the Application may request access to the following features on your mobile device:
Camera: take pictures and record videos
– Contacts: search for accounts on the device
– Position (see article 4): access your precise position (GPS and network), access your approximate position (depending on the network).
– Microphone: record audio files
– Phone: call phone numbers directly, see the identity of the phone
– Storage space: edit or delete SD card contents, view SD card contents
– Other: run a premium service, read badge notification, view network connections, prevent phone from going into standby mode, view Wi-Fi connection, receive data from the internet, enable/disable Wi-Fi connection, get full network access, API Play Install Referrer, change your audio settings
You can disable authorized access in the settings. It is possible that updates to the application inspired escapes will result in the automatic addition of features within each group.
10.3 Exercising rights
You have the right to access, rectify and oppose information about you that you can exercise by sending a letter indicating your details (name, surname, address and a valid identity document (CNI, passport)) to: Office de tourisme Porte de DrômArdèche 6 Rue André Malraux 26390 Hauterives
To know your rights better, you can also consult the website of the Commission Nationale de l’Informatique et des Libertés, accessible at the following address: cnil.fr
Article 11. AVAILABILITY OF THE APPLICATION
The Tourist Office Porte de DrômArdèche undertakes to make its best efforts to secure access, consultation and use of the Application Services. The Application is accessible 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond the control of the Office de tourisme Porte de DrômArdèche and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Application. Maintenance interventions may be carried out without prior notice to the Users.
Article 12. LIMITATION OF WARRANTY
Access to and use of the Application is at the User’s own risk.
The Application and software are provided “as is” and “as available” without warranty of any kind.
It is the responsibility of each User to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any attack.
The User declares that he/she is aware of and accepts the characteristics and limits of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network; problems related to connection and/or access to the Internet network and/or websites; problems related to the availability and congestion of the networks; problems related to the failure or saturation of the networks; problems related to transit time, access to information posted online, response times for displaying, consulting, querying or otherwise transferring data; risks of interruption; lack of protection of certain data against possible misappropriation or piracy; risks of contamination by any viruses circulating on the said networks, etc. for which the responsibility of the Tourist Office Porte de DrômArdèche could not be committed.
The Tourist Office Porte de DrômArdèche cannot be held responsible:
– in case of defect, loss, delay or error of transmission of data which are independent of its will;
– of the sending of messages and/or data to a false, erroneous or incomplete address;
– if data is not received, for whatever reason, or if the data it receives is illegible or impossible to process;
– if the User is unable to access or use the Site, the Application and/or the Services for any reason whatsoever;
– if, for any reason whatsoever, the connection should be interrupted.
In addition, the Office de tourisme Porte de DrômArdèche declines all responsibility in the event of misuse of the terminal and/or incidents linked to the use of the terminal when using the Application. The Office de tourisme Porte de DrômArdèche cannot be held responsible for any damage, of any nature whatsoever, caused to Users, their terminals, their computer and telephone equipment and the data stored therein, nor for the consequences that may arise from this on their personal, professional or commercial activity.
The applicable TOS are those in force at the date of connection and use of the Application by the User.
The Tourist Office Porte de DrômArdèche reserves the right to modify, at any time, all or part of the provisions of the CGU without prior notice or information to Users in order to adapt them to changes in the Services, to technical, legal or jurisprudential developments or when new services are introduced.
Any modifications made by the Office de tourisme Porte de DrômArdèche to the CGU will be brought to the attention of Users by simply putting them online. They are deemed to be accepted without reservation by any User who accesses the Application after said posting. The Tourist Office Porte de DrômArdèche invites all Users to consult the CGU regularly.
Any new Service integrating new techniques or new characteristics improving the quality of existing Services will also be subject to the present CGU, unless expressly provided otherwise.
Article 14. TERMINATION
The Tourist Office Porte de DrômArdèche may terminate the use of the Application at any time by giving You notice of termination.
At the time of any termination, the rights and licenses that had been granted to You will be terminated and You must cease all use of the Application.
Article 15. CONTACT
Any questions regarding the Application and/or the Services should be directed by mail to the following address:
Office de tourisme Porte de DrômArdèche 6 Rue André Malraux 26390 Hauterives
ARTICLE 16. APPLICABLE LAW
The present CGU are subject to French law.
Any dispute or controversy relating to the execution or interpretation of these rules that could not be settled amicably between the parties will be submitted to the competent courts.