Website and application terms of use

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Purpose

The purpose of these Terms of Use is to define the conditions regarding access to and use of the Applications and consultation of the Websites belonging to Delta Dore Finance and its subsidiaries (hereinafter "DELTA DORE"), as well as related services, in accordance with its Confidentiality Policy. By accessing and/or using the Applications, Websites and related services, the User is deemed to accept and comply with these Terms of Use.

If an Application User does not wish to accept all or part of these Terms of Use, the Application will no longer be accessible to that User.

The current online version of these Terms of Use is the only binding version throughout the period of use of the Applications, Websites and related services, until it is replaced by a new version.

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Legal notices

The Applications and Websites are published by Delta Dore SA, with share capital of €2,227,496 and with registered office at Le Vieux Chêne – 35270 BONNEMAIN, SAINT-MALO FRANCE Companies Register no. 897 080 289. The Publisher holds all rights over the Applications, Websites and related services.

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Definitions

Applications: Means the applications and related services. These include, but are not limited to, software, software updates and all or some of the following elements: database, editorial content, graphics, photos and videos. It is a piece of software/program made accessible by DELTA DORE.

Websites: Means all DELTA DORE web pages and linked resources accessible through a web address.

User: Means any adult natural person who is responsible for the use of the Application.

Publisher: Means DELTA DORE

Connected Equipment: Means Delta Dore or other brand connected home automation equipment and boxes which can be controlled by the Applications.

Systems: Means not only Connected Equipment belonging to the User and the Applications that he uses, but also the interoperability of such equipment with the Applications.

Technical Equipment: Means the terminals running the Applications (e.g. smartphones, tablets) and their operating systems.

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Description of services

Applications:

The Applications, installed on the Technical Equipment, can be used to control the Connected Equipment and thus control home comfort, energy consumption and security.

The Applications remotely control multimedia equipment, lighting, heating, shutters, alarms and video surveillance.

 As far as video surveillance is concerned, data will be kept for 30 days in order to guarantee continuity of the services offered.

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INTELLECTUAL PROPERTY

The Applications and the Websites are the property of DELTA DORE. Photographs, texts, slogans, drawings, images, animated sequences with or without sound, as well as any works integrated into the Applications and Websites, with the exception of data imported by the User, are the property of DELTA DORE or of third parties that have authorised DELTA DORE to use them.

Reproduction of the Applications and/or Websites on paper or electronic medium is permitted provided that it is strictly reserved for personal use only, excluding any use for advertising and/or commercial and/or information purposes and that such reproduction complies with Article L. 122-5 of the French Intellectual Property Code.

Except as provided above, any reproduction, representation, use or modification, by any process whatsoever and on any medium whatsoever, of all or part of the Applications and/or Websites and all or part of their content, without having obtained prior authorisation from DELTA DORE, is strictly prohibited and constitutes an infringement of copyright.

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Access to services

The Applications can be downloaded from the platforms made available by the operating system publishers (android, iOS, etc.).

Access to and/or use of the Applications and Websites is strictly for personal use only. The User agrees not to use the Applications and Websites, as well as the information or data contained therein, for commercial, political or advertising purposes or for any form of commercial prospecting.

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Personal data

7.1 Collection of personal data

No personal data will be collected without the User's knowledge 

The Applications and Websites are accessible without having to reveal your identity or give any personal information. However, DELTA DORE may be required to collect personal data about you provided that it informs you in advance.

Such data may be collected:

- when creating a customer account,

- when you leave comments (e.g. forums, social networks, blogs),

- when you contact us (telephone, email, etc.),

- when you accept these Terms of Use,

- when using the Applications.

 

These data will be used in accordance with DELTA DORE's Confidentiality Policy. However, we will not be responsible for any third party use of personal data where you provide such data to the third parties concerned. We recommend that you remain vigilant as to the personal data that you disclose.

7.2 Cookies

What is a cookie?

A cookie is a file stored on the hard disk of your Technical Equipment when you visit a Website or use an Application. Information about your browsing habits is stored in these files installed on your Technical Equipment. Cookies do not enable us to identify the User personally.

 

The use of cookies requires the User's prior consent.

▪ If you accept cookies, they can be used to:

- draw up statistics (number of visits, number of page views, etc.).

- adapt how our site is displayed on your equipment (PC, tablet, smartphone, etc.)

- save information about a form that you have completed on our site (contact form, qualified fitter form, etc.)

▪ If you refuse cookies, access to certain functions of our website or of the application may be limited.

 

Managing cookies is specific to the browser used. Each browser can be configured to prevent cookies from being recorded or to accept cookies on a case by case basis. Each browser's configuration is different. The procedure for managing cookies is described in your browser's help menu.

 

7.3 Use of personal data

Personal data will be collected principally to ensure that the products and services offered by DELTA DORE work correctly and effectively. Personal data may also be included in studies and statistics. Where applicable, any data collected will systematically be processed anonymously. The collection of data will help to give DELTA DORE a better understanding of the User's preferences and practices and therefore enable it to match its commercial offers with the User's wishes.

Under no circumstances can personal data be assigned to third parties without the User's prior consent.

 

7.4 Data storage

Personal data will be stored on our servers for as long as this is necessary in terms of the functioning of the User's Connected Equipment.

DELTA DORE may outsource the storage of certain personal data to subcontractors but will remain responsible for such data.

 

7.5 Recipients of personal data

Subject to the User's consent, data may also be accessible to DELTA DORE's partner companies so that the User can be offered the opportunity to take up certain services (e.g. maintenance, assistance). To express his consent, the User may need to physically tick a box.

 

7.6 Access to personal data

In accordance with Article 34 of French Act no. 78-17 of 6 January 1978 (French Data Protection Act), the User has the right to access, rectify and oppose the collection of his personal data. The User may exercise these rights by contacting us at the addresses specified in Article 13 of these Terms of Use.

If the User is entered on a DELTA DORE distribution list, he may of course unsubscribe at any time by clicking on the appropriate link.

 

7.7 Security and privacy

Delta Dore takes all necessary steps in terms of respect for the User's privacy and the use of his personal data.

Delta Dore, with the help of AMOSYS, one of the leading French cyber security companies and accredited by the ANSI[1] as a PASSI[2], guarantees the security, integrity, quality and confidentiality of the information held on your Delta Dore Systems in order to ensure maximum immunity.

The information communicated by the User will be processed according to the applicable laws and, in particular, the French Act no. 78-17 of 6 January 1978 (French Data Protection Act). DELTA DORE takes all necessary measures to comply with Article 34 of that Act which provides that "the data controller shall take all useful precautions, with regard to the nature of the data and the risks of the processing, to preserve the security of the data and, in particular, to prevent their alteration and damage, or access by unauthorised third parties".

To ensure that personal data are protected, the Publisher will assess its security mechanisms and keep them up to date. You will be regularly notified of any changes affecting your Systems. You must accept these notifications in order to incorporate the latest security functionalities and information. 

1 - ANSI: Agence Nationale Sécurité Informatique [National Agency for IT security]
2- PASSI: Prestataire d'Audit de Sécurité Systèmes d'Information [Information Systems Security Auditor]

 

7.8 Protection of minors

The Applications are not intended for minors and are not therefore capable of collecting their personal data. 

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MANAGEMENT AND AMENDMENT

In order to manage the Applications and Websites, the Publisher may at any time:

- suspend, interrupt or limit access, in whole or in part, to the Applications and Websites,

- delete any information that may disrupt the operation thereof or which contravenes national or international laws,

- suspend the Application in order to carry out updates.

 

The functionalities and/or features of the Applications and Websites are likely to change from time to time.

The Publisher reserves the right to launch new services and, where applicable, without notice and at its sole discretion, to delete, improve or change all or some of the functionalities, features, headings and services of the Applications and Websites.

If these Terms of Use are not accepted, the use of the Applications and Websites will be suspended and the data used by the Applications will be deleted.

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Liability

9.1 User's liability

The use of the Applications and Websites requires certain Technical Equipment for which the User will be fully responsible. The User will therefore check the compatibility, proper installation, correct operation running and maintenance of any Technical Equipment that is necessary for the use of the Applications and Websites.

The User will also be responsible for any faults, viral attacks or attempted intrusions made in relation to its connecting equipment.

The User will also be responsible for any data that he imports into the Applications.

The User will be responsible for any legal proceedings brought against him on account of damage caused to him, to third parties and/or to his equipment as a result of the use of the Applications or failure to comply with these Terms of Use.

 

9.2 Publisher's liability

The Publisher is responsible for the satisfactory performance of its contractual obligations under these Terms of Use and for complying with current laws and regulations. 

The Publisher cannot be held liable in the event of failure to comply in whole or in part with these Terms of Use where such failure is attributable to the User or the third party installing the product, or caused by the unforeseeable and unavoidable actions of a third party or in the case of a force majeure event.

In particular, the Publisher will not be held liable in the following circumstances:

- if the User's Technical Equipment is incompatible or faulty, especially where this is caused by the age of the Technical Equipment,

- in the event of obsolescence of the Connected Equipment,

- breakdown, fault, difficulty or interruptions to operations preventing access to the Applications and Websites or to one of their functionalities,

- issues including but not limited to the availability, security and quality of the Applications and Websites and whether they are up to date,

- if any content or other material held on or transmitted by the Applications is deleted or cannot be stored or transmitted and/or delivered owing to lack of capacity,

- in the event of damage or alteration to Technical Equipment or Connected Equipment as a result of the installation or use of the Applications.

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CHANGES TO THIS CONTRACT

These Terms of Use are liable to change from time to time. The User is therefore advised to consult them regularly. They are available on the Websites or on request.

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TERM AND TERMINATION

The User may automatically withdraw from these Terms of Use at any time by uninstalling the Applications.

The User will be deemed not to have accepted previous versions of the Terms of Use, where he has not accepted the present Terms.

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GOVERNING LAW

These Terms of Use are governed by French law and are subject to the jurisdiction of the courts situated within the jurisdiction of the Publisher's registered office unless jurisdiction specifically lies with other courts by operation of a special law or regulation.

Data will be saved in consideration of the laws in force in each country, unless special provisions apply and are accepted by the User. 

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Contact

In the event of difficulty with the use of the Applications and/or Websites, the User may contact Delta Dore using the contact form

In the event of issues concerning personal data collection, the User may contact: 

▪ By post:
 DELTA DORE
Correspondant Informatique et Libertés
Le Vieux Chêne
35270 BONNEMAIN
FRANCE

 

▪ By email: cil@deltadore.com

 

Last update : 19/12/2016

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Site and application terms of use in other countries