Terms and conditions of use of the mobile application Les échappées inspirées
The purpose of these general conditions of use (hereinafter referred to as « T&Cs ») is to determine the rules of use of the mobile application « Les échappées inspirées » (hereinafter referred to as the « Application ») published by l’Office de tourisme Porte de DrômArdèche
By installing the Application on your terminal and/or by accessing the Application, as a user, you unconditionally and unreservedly accept all of the T&Cs defined below. If you do not wish to accept these Terms, we ask that you do not access the Application. Any use of the Application must comply with these T&Cs.
Article 1. DEFINITIONS
Terms beginning with a capital letter within these T&Cs, whether used interchangeably in the singular or in the plural, will have the meaning given to them below:
– « Application » refers to the software application « Les échappées inspirées » published and provided by l’Office de tourisme Porte de DrômArdèche, giving access to the Services, which is available free of charge in the Apple « Apple Store » and the « Google Play Store” from Google to be downloaded by the User on their 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 compose it, the updates and new versions that may be made to the Application by l’Office de tourisme Porte de DrômArdèche.
– « Content » designates, without this list being exhaustive, the structure of the Application, the editorial content, the drawings, the illustrations, the images, the photographs, the graphic charters, the brands, the logos, the acronyms, the denominations social media, audiovisual works, multimedia works, visual content, audio and sound content, as well as any other content present within the Application and/or any other component of the Application.
– “Services” refers to the various functionalities and services offered by the Application.
– « Site » refers to the official websites of l’Office de tourisme Porte de DrômArdèche whose address is as follows: www.autour-du-palais-ideal.fr
– « User » or « You » means an adult or minor natural person who has previously obtained the authorization of his parents or the person vested with parental authority, and who has downloaded the Application for his own needs, within the framework of strictly personal and non-commercial use, without direct or indirect profit.
Article 2. PURPOSE OF THE APPLICATION
The purpose of the Application is to give You access to walks, courses or hikes selected by l’Office de tourisme Porte de DrômArdèche. As part of the use of the Application, the User will be offered the opportunity to discover elements located near the hiking trails presented.
Several Services may be offered to the User and in particular:
– Guidance to the starting point using the solutions offered by default by the telephones;
– Hike download;
– Geolocation ;
– Guidance on the proposed routes;
– Provide information such as video, sound, photo, quiz, games;
– Features for sharing with social networks;
– Practical information;
This list is non-exhaustive and may be modified at any time without liability being engaged in this regard by anyone.
Article 3. ACCESS TO THE APPLICATION
To access and use the Application, You must have a compatible phone or mobile device and Internet access.
The Application can be downloaded free of charge from the “Apple Store” and “Google Play Store” platforms on the following mobile devices:
– Apple® Iphone® mobile phone with the iOS operating system. The last 3 versions of the operating system are supported;
– Mobile phone with the Android® OS operating system. The last 3 versions of the operating system are supported; The software version of the Application may be updated from time to time to add new functions and services.
Article 4. GEOLOCATION
The use of the geolocation functionality of the Application requires the express prior consent of the user to be geolocated. For this the User must activate, if he wishes, the geolocation function directly in the settings of his mobile terminal and accept that the Application can use it. This functionality can, at any time, and free of charge, be deactivated or activated. Disabling the « Geolocation » function will no longer allow the Application to operate.
Thanks to the acceptance of the GPS geolocation function of the mobile phone and the Application, the User may use the Application to be guided when calculating routes to reach the starting point and for guidance on the selected route.
Article 5. FINANCIAL CONDITIONS
The Application is offered free of charge to Users, excluding subscription costs with the mobile telephone operator, excluding connection and Internet access costs and excluding any additional costs billed for loading data..
Downloading the Application and using it require a connection to the mobile network and/or the Internet. In this situation, the costs, fees, subscriptions and taxes related to mobile and/or internet subscriptions are the sole responsibility of the User. l’Office de tourisme Porte de DrômArdèche can in no way be held responsible.
Article 6. APPLICATION OF THE T&Cs
The T&Cs are applicable to any User of the Application and associated Services. The User is invited to read carefully and on each visit the T&Cs 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 regularly updated. In this regard, any Application downloaded by a User has a limited validity in time, taking into account these updates to be downloaded imperatively and any technical, legislative or regulatory developments, of which l’Office de tourisme Porte de DrômArdèche has no control.
Article 7. INTELLECTUAL PROPERTY OF THE APPLICATION
l’Office de tourisme Porte de DrômArdèche is the exclusive owner of all the intellectual property rights relating to the Application and its Content, subject to the rights of the company Easy-Mountain whose license l’Office de tourisme Porte de DrômArdèche exploits.
Without prejudice to the provisions of article 7, none of the provisions of the T&Cs may be interpreted as an assignment, transfer, sale, concession, license, loan, rental, authorization to operate granted directly or indirectly by l’Office de tourisme Porte de DrômArdèche for the benefit of the User on the Application, its Content and/or the Services.
Article 8. LICENSE OF USE
l’Office de tourisme Porte de DrômArdèche grants the User a personal right to use the Application, the Content and the Services, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free of charge solely for its own needs within the framework of the use of the Application and the Services, to the exclusion of any other purpose.
It is strictly forbidden for the User to access and/or use the source codes of the Application and/or the software components of the Application.
The User does not acquire any intellectual property rights over the Application, the Content and/or the Services or any other rights than those conferred herein.
This license does not confer any right of use to the User on the Content. The User is therefore prohibited from reproducing, representing, adapting and/or exploiting either Content. The User expressly agrees that the use of the Application does not in any way infringe the rights of l’Office de tourisme Porte de DrômArdèche, and in particular that this use does not constitute an act of counterfeiting, unfair competition or parasitic Content.
Article 9. OBLIGATIONS OF THE USER
The User expressly undertakes:
– to download the Application on his equipment exclusively for personal and non-commercial use;
– not to permanently or temporarily reproduce 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 l’Office de tourisme Porte de DrômArdèche;
– – not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor apply reverse engineering (or « Reverse Engineering ») of all or part of the Application, Services and/or Content;
– not to export the Application, to merge all or part of the Application with other computer programs;
– not to make short quotations, analyzes and reproductions intended for press reviews as well as other uses expressly authorized by law within the limits and conditions set by the latter and subject in particular to citing the names of the authors and the editorial source;
– to expressly waive the use of software or devices likely to disrupt the proper functioning of the Application, nor to take any action likely to impose a disproportionate burden on the infrastructures of l’Office de tourisme Porte de DrômArdèche;
– not to extract or reuse, including for private purposes, without prior written authorization from l’Office de tourisme Porte de DrômArdèche, a substantial or non-substantial part of the content of the databases and archives constituted by the Application;
– not to put in place systems likely to hack the Application and/or the Content in whole or in part, or likely to violate these T&Cs;
– to inform l’Office de tourisme 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, regardless of the method of distribution;
– not to sell, rent, sublicense or distribute in any way the Application and/or the Content to third parties.
Article 10. PROTECTION OF PERSONAL DATA
Any personal data likely to 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 data processing, files and freedoms and the regulations ( EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The confidentiality policy of l’Office de tourisme Porte de DrômArdèche can be consulted on the web page %%pageCGU%%.
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 provided voluntarily when using the Application
The sharing of personal data such as geolocation, photos, opinions, telephone number, etc. through social networks or other functionalities is the responsibility of the user. These uses must be given special attention by the user. The latter should obtain information, in particular by consulting the privacy policies of the platforms or services concerned before any sharing.
No data from these exchanges is stored or kept by l’Office de tourisme Porte de DrômArdèche.
You can contact us on our contact formular: https://www.autour-du-palais-ideal.fr/sorganiser/contactez-nous/. 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 action on your part.
This information is necessary for the correct operation of the Application and allows 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 particular person, especially if it is not associated with your IP address, and is intended to ensure the quality of online services.
In the event that non-personal information is combined with personal information, this combined information will be considered, within the meaning of the privacy policies, as personal data, as long as this information remains combined.
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 does not make it possible to determine your identity.
The data referred to in this section are collected and processed on the legal basis of the execution of a contract to which the person concerned is a party (here the user) resulting from the use of the application (art 6 1.b of EU Regulation 2016/679 on the protection of personal data, known as RGPD).
Implementation of User rights
In application of the regulations applicable to personal data, Users have the following rights:
They can update or delete the data concerning them by logging into their account and configuring the parameters of this account;
They can delete their account, by writing to the following contact formular : https://www.autour-du-palais-ideal.fr/sorganiser/contactez-nous. It should be noted that information shared with other Users, such as posts on forums, may remain visible to the public on the Application even after the deletion of their account,
They can exercise their right of access to know the personal data concerning them, by writing to contact formular : https://www.autour-du-palais-ideal.fr/sorganiser/contactez-nous. In this case, before the implementation of this right the Publisher may request proof of the identity of the User in order to verify its accuracy, If the personal data held by the Publisher is inaccurate, they may request that the information be updated by writing on the contact formular : https://www.autour-du-palais-ideal.fr/sorganiser/contactez-nous
Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the contact formular : https://www.autour-du-palais-ideal.fr/sorganiser/contactez-nous
Specific case « Firebase »
The Application uses « Firebase Services » (hereinafter « Firebase ») which is an analysis 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 pleasant. Firebase is a real-time database that we use for real-time data exchange and storage. As part of the Application, user data is thus transmitted to Firebase.
Some Firebase services process personal data which is limited, in most cases, to « Instance IDs » with a timestamp. These Instance IDs assigned by Firebase are unique and allow you to link different events or processes. We process this aggregated data to analyze and optimize usage behavior, for example by evaluating crash reports. As these data are necessary for the performance of the service offered in the use of the Application, the legal basis for this processing is Article 6.b of the RGPD.
For « Firebase Performance Monitoring », Google uses the « Instance ID », as described above, as well as the « Advertising ID » of the end device. In your mobile device settings, you can limit the use of the Advertising ID as follows:
For Android: Settings > Google > Ads > Reset Advertising ID.
For iOS: Settings > Privacy > Advertising > Limit 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 mobile)
Radio or network information (e.g. Wi-Fi, LTE, 3G)
Country (from anonymized IP address)
Unlocked or rooted state of the device
Battery level and battery charge status
Application foreground or background state
Application package name
A pseudonymous application instance identifier
Network URL (not including URL parameters or payload content) and the following corresponding information:
Response codes (403 or 200, for example)
Payload size in bytes
See the full list of automated traces collected by Firebase Performance Monitoring.
Firebase Cloud Messaging
« Firebase Cloud Messaging » is used to transmit push-notifications or so-called 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 push messages or in-app messages. You will find more information in the section « Voluntary user authorization: push-notifications » described below.
The data resulting from this process may be transmitted by Google to a server in the United States for evaluation and storage. In the event that personal data is transferred to the United States, Google declares to be certified under the « EU-US Privacy Shield Framework » agreement and to comply with the resulting obligations.
For more information on privacy protection at Google and Firebase, refer to https://www.google.com/policies/privacy and https://firebase.google.com/support/privacy/.
10.2. Application permissions on the mobile device Permissions
Following the installation of the Application, it may request access to the following features of your mobile device:
Camera: take photos and record videos
· Contacts: Find 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
· Telephone: directly call telephone numbers, see the identity of the telephone
· Storage space: edit or delete SD card content, view SD card content.
· Other: run a foreground service, read notif. badge, show network connections, prevent phone from sleeping, show Wi-Fi connection, receive data from internet, enable/disable Wi-Fi connection, get full network access, Play API Install Referrer, change your audio settings.
You can disable authorized access in the settings. It is possible that updates to the « Les échappées inspirées » application will automatically add features within each group.
10.3. Exercise of rights
You have the right to access, rectify and oppose information concerning you, which you can exercise by sending a letter indicating your contact details (surname, first name, address and a valid identity document (CNI, passport)) to: Office de tourisme Porte de DrômArdèche 6 Rue André Malraux 26390 Hauterives
To find out more about your rights, 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
L’Office de tourisme Porte de DrômArdèche undertakes to make its best efforts to secure access, consultation and use of the Services of the Application. 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 L’Office de tourisme Porte de DrômArdèche and subject to any breakdowns and maintenance interventions necessary for proper operation. of the App. Maintenance interventions may be carried out without the Users having been notified in advance.
Article 12. LIMITATION OF WARRANTY
Access to and use of the Application are at the User’s own risk.
The Application and software are provided « as is » and « as available » without warranty of any kind.
It is up to all Users 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 to know and accept 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; issues related to network availability and congestion; problems related to network failure or saturation; issues related to transit time, access to information posted online, response times to view, view, query or otherwise transfer data; the risks of interruption; the lack of protection of certain data against possible misappropriation or hacking; the risks of contamination by any viruses circulating on said networks, etc. for which the responsibility of L’Office de tourisme Porte de DrômArdèche cannot be engaged.
L’Office de tourisme Porte de DrômArdèche cannot be held responsible:
– in the event of a defect, loss, delay or error in the transmission of data which are beyond its control;
– sending messages and/or data to a false, incorrect or incomplete address;
– if data does not reach him, for any reason whatsoever, or if the data he receives is illegible or impossible to process;
– in the event that the User is unable to access or use the Site, the Application and/or the Services for any reason whatsoever;
– if, for any reason, the connection should be interrupted.
Furthermore, L’Office de tourisme Porte de DrômArdèche declines all responsibility in the event of misuse of the terminal and/or incident related to the use of the terminal when using the Application. L’Office de tourisme Porte de DrômArdèche can in no way be held responsible for any damage, of any nature whatsoever, caused to Users, to their terminals, to their computer and telephone equipment and to the data stored therein, nor for the consequences that may arise from their personal, professional or commercial activity.
Article 13. CHANGES IN THE TERMS AND CONDITIONS
The applicable T&Cs are those in force on the date of connection and use of the Application by the User.
L’Office de tourisme Porte de DrômArdèche reserves the right to modify, at any time, all or part of the provisions of the T&Cs without notice or prior information to Users in order to adapt them to changes in the Services, to technical, legal or jurisprudential developments or when the introduction of new services.
Any changes made by L’Office de tourisme Porte de DrômArdèche to the T&Cs will be brought to the attention of Users by simply posting them online. They are deemed to have been accepted without reservation by any User who accesses the Application after said posting. L’Office de tourisme Porte de DrômArdèche therefore invites all Users to regularly consult the T&Cs.
Any new Service incorporating new techniques or new features improving the quality of existing Services will also be subject to these T&Cs, unless expressly provided otherwise.
Article 14. TERMINATION
L’Office de tourisme Porte de DrômArdèche may terminate the use of the Application at any time by giving You notice of termination.
Upon any termination, the rights and licenses granted to You will terminate and You must cease all use of the Application.
Article 15. CONTACT
Any question relating to the Application and/or the Services must be sent by post to the following address:
– Office de tourisme 6 Rue André Malraux 26390 Hauterives
ARTICLE 16. APPLICABLE LAW
These T&Cs are subject to French law.
Any dispute or dispute relating to the execution or interpretation of these rules which cannot be settled amicably between the parties will be submitted to the competent courts.
Terms and Conditions updated on 18/03/2022