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Privacy Notice

With respect to its activities and in compliance with applicable law within France and the European Union, Orange warrants to ensure or have ensured the protection, confidentiality and security of users’ personal data as well as to ensure users’ privacy.

 

Hereby, Orange informs you how Orange, its processors and eventual partners process your personal data with respect to the use of the mobile application “Augmented City” (“Application”) and the service accessible via the Application (“Service”).

 

How does Orange process your data?

 

Orange shall only process the personal data for determined, specified and legitimate purposes. Orange shall not process such data in a manner inconsistent with these purposes.

 

Orange processes your data within the scope of an agreement’s performance (the terms and conditions of the Application and the Service accepted by you, prior to any use). Hence, the purposes followed by Orange are the following:

  • Allow access to the Application and Service

  • Manage the Application and Service’s functionalities

 

With respect to its legitimate interest, Orange can also process data as part of the Service’s provision and for the following purposes:

  • Assess the Service audience and consulted content on the Application

  • Improve the Service and the Application

 

Orange can also process your data in compliance with legal or regulatory obligations.

 

Which data is processed?

According to the situation, Orange processes your personal data collected directly from you or through the use of the Application and the Service. Orange may also be the recipient of data collected from you by a third party for the use of the Service.

 

Orange shall only process a data or category of data if it is strictly necessary for the pursuit of purposes.

 

Orange processes the following categories of data as part of the provision of the Application and the Service:

  • Identification data: technical ID data

  • Geolocalization data

 

 

For how long is your data retained?

Your personal data are strictly confidential and retained for the duration necessary to perform the above-mentioned purposes. 

 

 

Who are the recipients of your data?

The collected data is disclosed to Orange internal services and its sub-processors.  

Processed data can also be disclosed to the competent authorities, at their request, with respect to legal proceedings, discoveries, and request for information or in order to comply with other legal obligations.

 

Is your data processed outside of the European Union?

In order to provide a quality service, Orange relies on the expertise of its sub-processors, including ones performing their service outside of the European Union. In that case, Orange takes the necessary dispositions to warrant an adequate level of protection for your data by its sub-processors, and in compliance with the applicable regulations.

 

If the concerned sub-processors are not located in a country with sufficient protection, they will have signed the European Commission’s “standard contractual clauses” or will be subject to binding internal rules approved by the authorities. 

 

What are your rights?

You have the right to access, to rectify and delete that data concerning you. You can request their portability. You also have the right to object to processing of your data or their restriction.

 

You may give instructions on the retention, deletion or disclosure of your personal data after your death.

 

How to exercise your rights?

You can exercise your rights at any time by contacting the Data Protection Officer at the following address: Délégué à la Protection des données de Orange, 111 quai du Président Roosevelt, 92130 Issy-les-Moulineaux.

An answer will be addressed to you within a month following reception of your request.

 

Possibility to submit a complaint to the CNIL:

If your exchanges with Orange are not satisfactory, you can submit a complaint to the CNIL, the supervisory authority responsible for monitoring the application of personal data regulations in France.

 

How is your data secured?

Orange warrants that your data is processed safely and confidentially, including when certain operations are carried out by sub-processors.

To this end, appropriate technical and organizational measures are implemented to prevent the loss, the misuse, alteration and deletion of your personal data. These measures are adapted according to the level of sensitivity of the data processed and according to the level of risk that the processing or its implementation presents.

 

 

Use of tracking technology

Orange is using a software development kit (“SDK”) allowing the implementation of analysis necessary for the operation of the Service and providing anonymous statistics. In compliance with the applicable regulation and the use of the SDK, the technology does not require your prior consent.

 

Modification of the Privacy Notice

The present privacy notice may be amended.

Terms and Conditions

​

PREAMBLE

 

ORANGE SA, a simplified joint-stock company with 10 640 226 396 euros in capital, registered with Nanterre trade and corporate register under n° 380 129 866 (RCS Nanterre), with registered office located 111 quai du Président Roosevelt, 92130 Issy-les-Moulineaux, FRANCE, (thereafter “Orange” as professional) is the publisher of the mobile application “Augmented City” providing access to immersive contents (thereafter the “Application”).  

Access to the mobile application and its services requires prior acceptation by the users of the present terms and conditions without any reserve (thereafter “Terms and Conditions”). In case of disagreement with all or part of the Terms and Conditions, User (as defined below) shall not use the Application.

Publishing director: Christel Heydemann

ARTICLE 1 – DEFINITIONS

 

 

« Application » refers to the mobile application called “Augmented City” published by Orange and accessible to the Users through Devices and giving access to the Service.

 

« Content » refers to all or part of accessible information or elements on the Service and the Application, especially the general structure, texts, animated images, videos (including trailers), sounds, distinguishing signs, trademarks or logo forming the graphic chart and the relevant databases.

 

« Device(s) » refers to any device compatible with the Application, namely all mobile equipment compatible with Android (version 11 or above) and iOS (versions 14 or above).

 

« Parcours » refers to an interactive guided tour of a determined district (e.g. the Opera district in Paris) offering several points of interest featuring cultural and/or historical Contents in Virtual Reality.

« Service » refers to the audiovisual communication service, accessible on the Application, providing User with live or on-demand access to all available Parcours.

 

« Territory » refers to any country where Orange or one of its affiliates is operating and where Orange has made the Application available.

 

« User » refers to any user residing in the Territory and who downloaded the Application and used it for its personal needs strictly within the scope of personal non-commercial and not-for-profit use.

 

« Virtual Reality » refers to all virtual reality modes known or unknow to this date, including but not limited to cinematic virtual reality (e.g. individual experience with a VR headset or glasses), 360° bi-dimensional formats and “Augmented reality” formats.

 

 

ARTICLE 2 – PURPOSE

 

The present Terms and Conditions define the conditions under which Orange provides the User with the Service accessible through the Application within the Territory.

 

 

 

ARTICLE 3 – DESCRIPTION OF THE SERVICE

 

The Service allows Users to access the Parcours, composed of Contents in Virtual Reality, available live or on-demand and which Content may evolve with respect to agreement made with rightsholders.

User is reminded that it is solely responsible for the use of the Service and the Application. Hence, User shall take any needed measures to personally oversee the precaution to be taken when third parties use the Service, especially minors. Third party use is under User’s control and entire responsibility, as User is and remains responsible of the use of the Service and the Application.

 

ARTICLE 4 – ACCESS CONDITIONS TO THE SERVICE FROM THE APPLICATION

4.1. Prior requirement to access the Service is to download of the Application on app stores. To use the Service, User must have an Internet connection (wifi, 4G or 5G) with sufficient speed, equipment with sufficient and compatible RAM capacity, software versions and processor.

4.2. Access to the Application and the Service is free for all User with Internet access.

Devices as well as all necessary fees with respect to downloading, use and/or opreation of the Application, internet costs (access and communication fees for instance) remain at the User’s expenses. Internet connection costs depend on User’s electronic communication offer.

 

ARTICLE 5 – GRANT OF RIGHTS

 

The User acknowledges that the Application, the Service and the Content as well as any element (including but not limited to denomination, commercial names, trademarks, Domain names….) accessible within the Application and the Service is the property of Orange or its partners. Any communication and/or reproduction and/or exploitation, of all or part of the Application, the Service or the Content, by any means without prior written approval of Orange is strictly prohibited and can qualify as counterfeit within the meaning of applicable regulation.

User’s liability can be found for any infringement in compensation of rightsholder’s damages.

 

The User is granted a personal, non-exclusive, revocable right to use at any time the Application solely for the use of the Service. Therefore, it can download, install the Application on its Device solely for its personal use, in compliance with the Terms and Conditions.

 

Any reproduction, communication, modification, decompiling, publishing, exploiting, downloading, extracting, disclosing, translating, adapting or transforming all or part of the Application and/or the Contents, regardless of the means or process used, is prohibited.

 

In particular, the User is prohibited from:

  • selling, transmitting, distributing, transferring, offering, making available, renting or giving away any element of the Application, including the Content,

  • publishing, online or offline, or distributing any image, sound, file, graphic, clip art, animation, or any other component of the Application, including the Content,

  • exploiting the Contents or any of the elements making up the Application in any public place,

  • extracting by permanent or temporary transfer of all or a quantitatively or qualitatively substantial part of the elements of the database composing the Application on another medium, by any means and in any form whatsoever, as well as reusing, by making public all or a quantitatively or qualitatively substantial part of the contents of the said database, in any form whatsoever, attempting to circumvent, preventing removal, disabling, preventing or blocking encryption or copy protection systems of the programs, editing, modifying, translating or creating derivative works or adaptations of the videos, decompiling, reproducing, reverse engineering, disassembling or transforming the file on which the program is stored into human-readable code, and duplicating or reproducing the program, or any portion of the program on any physical medium, memory or equipment, including but not limited to CDs, DVDs, or any other equipment, such as computers, hard drives or media, whether known or unknown. Additionally, User shall not share with third parties its Application’s passwords or access code;

  • reproducing and/or publicly representing the Application and/or the Contents outside the family circle, for professional, commercial or promotional purposes; and

  • reproducing, in whole or in part, modifying, altering or using the trademarks belonging to the Orange Group, including the "Orange" trademark, as well as the trademarks of the producers of the Content and more generally of any person having played a role in the production and/or distribution of the Content of the Application, for any reason whatsoever and on any medium whatsoever.

 

 

 

ARTICLE 6 – OBLIGATIONS AND RESPONSIBILITIES OF THE USER

 

The User warrants that it shall:

  • Use the Application with loyalty and, at all times, in compliance of the applicable laws and regulations,

  • Strictly use the Application and accessible Content for personal and non-commercial purpose, without direct or indirect profit motive, and this in compliance with the present Terms and Conditions, the Intellectual Property Code and more generally all applicable laws and regulations, and

  • Make sure that Application is compatible with the Device.

 

The User acknowledges that it is prohibited from:

  • Reproducing all or part of the Service and/or Content or collecting streams of the Service and/or Content, and

  • Reproducing or redistributing any element of the Application.

 

The User is sole responsible for:

  • its use of the Application and Content,

  • the material and software required to use the Application and Content, including software contamination and

  • any breach of the Terms and Conditions.

 

 

 

Use by a minor

 

In the event of use by a minor of the Application, the User warrants that it has parental authority or has obtained prior authorization of the legal guardian(s) for any access of the Application and its Content. The User is responsible and if applicable declares that it is the guarantor or that the legal guardian(s) has (have) agreed to be guarantor of the compliance with the Terms and Conditions, particularly with Article 5. The legal guardian(s) commit(s) to supervise the use by the minor of the Application and the Service. As legal representative(s), the User or the legal guardian(s) has (have) the responsibility to determine whether the Application and/or the Content are appropriate of their kid and to monitor the use made.

 

ARTICLE 7 – ORANGE’S COMMITMENTS

 

Orange warrants that it shall provide the User with access to the Application and the Service. User is informed that the Application and the Service are provided “AS IF” without any warranty of functionality or performance on Orange’s side, within the limit of the applicable laws.

 

Orange reserves its right to temporarily suspend access to the Application and the Service without notice, in particular for maintenance purposes. Whenever reasonably possible, Orange will limit the duration of these interruptions and will intervene during the least inconvenient period for the User.

 

Orange shall not be held responsible for:

  • Any dysfunction or interruption in the provision of the Application, the Service and Content, and related to or resulting a case of force majeure as defined by the case law,

  • Any damage suffered by the User and/or third party as a result of using the Application, the Service and the Content, if this damage arises from action or omission by the User and/or third party, in non-compliance with the User’s obligations and/or its use of a Device, incompatible with the Application, the Service and Content,

  • Any unavailability of any Content due to factor beyond Orange (technical/editorial reasons, network congestion, failure of the Internet service provider, etc.), and

  • Misuse of the Application by the User.

 

 

Within the scope of the applicable law and if Orange is held liable for a damage not mentioned in the present article or in the Terms and Conditions, Orange’s liability shall be limited to direct, certain, real and established damages.

 

ARTICLE 8 – TERM

Terms and Conditions are entered into once the Application is installed on User’s Device. They shall remain in effect (i) for as long as the User keeps the Application on its Device or (ii) until Orange discontinues the Service by disabling access. The User can terminate Terms and Conditions at any time by deleting the Application from the Device. 

 

Orange reserves its right to automatically block, without any prior notice or indemnification, any connection to the Application, in case of serious and/or repetitive breach of the Terms and Conditions.

User expressively acknowledges that Orange may, without prior notice or indemnification, terminate all or part of the Service provided via the Application, and without justification.

 

Moreover, the Application and the Service being only available to Users subscribing to an Orange electronic communication offer, termination of the offer which provides passwords to the Application and the Service, leads to unavailability of the Application and Service.

 

ARTICLE 9 – MODIFICATION OF TERMS AND CONDITIONS

 

Orange reserves its right to amend and/or improve the Application as well as the Terms and Conditions. These amendments and improvements shall be in effect as soon as they are online. Orange shall inform sufficiently in advance the User of any modification of the Terms and Conditions. Once informed of such update, the User is invited to read these Terms and Conditions.

 

 

 

ARTICLE 10 – PERSONAL DATA PROTECTION

 

With respect to its activities and in compliance with applicable law within France and the European Union, Orange warrants that it shall ensure or have ensured the protection, confidentiality and security of User’s personal data as well as to ensure User’s privacy.

 

The Privacy notice, available at: augmented.city@orange.com, specifies the conditions under which Orange and its subcontractors process User’s personal data in connection with the use of the Service and the Application.

 

ARTICLE 11 – GOVERNING LAW AND JURISDICTION

Terms and Conditions are governed by French Law.

 

Courts of France shall have exclusive jurisdiction to settle any dispute or claim arising from the formation, the interpretation or performance of the Terms and Conditions.

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