Website and application terms of use

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Purpose

This end-user license agreement sets forth the terms of delivery and use of DELTA DORE Finance solutions (‘DELTA DORE’), as well as any associated services, in keeping with its Confidentiality Policy.

Should the User refuse to partially or fully accept the Agreement, some solutions will not be available.

The current online version of this End-User License Agreement is the only enforceable version until it is superseded by a new version.

DELTA DORE retains the right to unilaterally edit the contents of this End-User License Agreement, at any time it sees fit.

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Legal information

The Applications and Websites are developed by DELTA DORE, a limited liability company with a capital of €2,227,496 with its head office at Le vieux chêne – 35270 BONNEMAIN, registered under no. 897 080 289 in SAINT-MALO. The Developer owns the rights for the Applications, Websites and associated services.

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Definitions

This clause sets forth the essential terms of the end-user license agreement:

DELTA DORE solutions: Products and services marketed by DELTA DORE.

Applications: Any associated applications and services. They cover, in a non restrictive manner, software, upgrades and all or part of the following elements: database, editorial content, graphics display, photo, video. It is a software/programme made available by DELTA DORE.

Websites: All of DELTA DORE’s web pages and associated resources available via a web address.

User: Any physical person of legal age responsible for using the Application.

Connected devices: Any connected devices and home automation units from Delta Dore or other brands that can be controlled by the Applications.

Systems: Any connected devices owned by the User and the Applications used by same, as well as the interoperability of said devices with the Applications including the connectivity chain.

Technical hardware: Terminals running the Applications (e.g: Smartphones, tablets), and their operating systems.

Personal data: Any information that can be used to identify a physical person, whether directly or indirectly (e.g. name, town, etc.)

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Description of services

Via Technical hardware, Applications control the associated Connected devices, therefore enabling you to control the comfort, consumption and safety in your home. They also allow for multimedia, lights, heating, shutters, alarms and video surveillance to be remotely controlled.

In regards to video surveillance, the data is stored in keeping with the applicable legislation in the User’s countries, in order to guarantee the continuity of the services offered.

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Personal data

5.1.        Collection and purpose

The collected data is primarily personal data used by DELTA DORE to interface with you as a client and data representative of the state of your DELTA DORE systems.

The collection of this data primarily aims to meet your requests as a client and to ensure the good working order and efficiency of the products and services we market, namely control of your DELTA DORE systems.

It also helps to better understand your preferences and habits, to better adapt our sales offers to your needs and offer enhanced services to improve your user experience. 

You can choose not to disclose some data. You will then potentially not be able to access some contents and not be able to use services or products.

We may use personal data for studies and statistics. As applicable, we will handle it anonymously.

You can access our Websites without disclosing your identity. However, subject to your prior approval, we may legally, faithfully and openly collect and process your personal data.

If you share your data and choose to display it publicly on our websites, applications, etc. in a visible manner, it can be used by third parties. We recommend utmost caution when sharing information.

5.2.        Scope of the collection

Some of your personal information may also be collected:

  • When installing or using our products
  • When subscribing to our services
  • When using our mobile applications
  • When creating a customer account or using any type of form
  • When you accept the terms of the End-User License Agreement
  • When you contact us (telephone, e-mail)
  • When visiting a concept home
  • When leaving reviews (e.g. forum, social media, blogs, etc.)

5.3.        Type of collected data

Personal data covers last name, first name, e-mail address, IP address, postal address, telephone number, data stemming from the use of products installed in your home, etc.

We exclusively collect data that is necessary for the purposes of our processes.

5.4.        Data storage

DELTA DORE stores your personal data throughout the period where it is relevant and required for the operations for which it has been collected and in keeping with current regulations.

DELTA DORE may entrust the storage of your personal data to subcontractors (such as our host), whilst retaining responsibility for said data. You have the right to deny the storage of your data with our subcontractors by enforcing your rights or by contacting us. As a consequence, you may have restricted access to our services.

5.5.        Personal data recipients

Personal data collected is available to DELTA DORE employees, within the limit of their roles and to subcontractors.

Your personal data is also available to DELTA DORE’s partners, giving you full access to its services (maintenance, assistance…), subject to you agreeing to the sharing of your data. 

5.6.        Cookies              

               5.6.1 What are cookies?

Cookies are files stored on the hard drive of your computer, tablet or smartphone when you visit a website or use an application. They collect and store information related to the websites you visit. Cookies cannot identify you personally.

               5.6.2 Accepting or refusing cookies

The use of cookies requires the user’s preliminary approval.

You can choose to disable the cookies at any point in time. Each browser systematically blocks or accepts cookies on a case-by-case basis. Each browser has a different setup. You will find the cookie management procedure in your browser’s help menu.

  • If cookies are accepted, they will be used for the following purposes: - creating statistics (number of visits, number of viewed pages, etc.) - adapting the presentation of our website to your devices (PC, tablet, smartphone, etc.) - storing information pertaining to a form you have filled out on our website (contact form, recommended installer form, etc.)
  • For a refusal, access to some functions of our website or the application can be limited.  

               5.6.3 Using a reCAPTCHA service

We use Google Inc. (Google)’s reCAPTCHA service to protect form entries on our website. This service is used to screen entries made by users and those made by robots. This means that an IP address is sent and possibly other data required by Google for the reCAPTCHA service.

To this end, your data will be shared with Google and used by their services. However, your IP address will be shortened by Google in European Member States - or in other States that are part of the European Economic Area Agreement - and will thus be anonymous. In some very specific cases, your full IP address will be sent to a Google server in the USA and then shortened. On behalf of the user of this website, Google will use this information to assess your use of this service. The IP address provided by reCAPTCHA by your browser will not be merged with other Google data. Data collection is subject to Google’s Confidentiality charter. For further details about Google’s confidentiality policy, visit https://www.google.com/intl/fr/policies/privacy/

When using the reCAPTCHA service, you agree to your personal data being processed by Google in the manner and for the purposes stated above.

5.7.        Right of the data subject

               5.7.1 - Right to access, correct, restrict and delete

In compliance with the European regulation on the protection of personal data, any physical person has, at any time, the right to access data concerning them, a right to delete this data, a right to correct, a right to restrict the processing and a right to define general and specific guidelines stipulating the manner in which these rights are exercised after his or her death.

The right to access is restricted to two requests per year and provided that justification of their identity is given.

             5.7.2 – Right of objection

The physical person also has a right of objection to the processing of their personal data for legitimate reasons, as well as a right of objection that this data is used for market research.

             5.7.3 – Right to data portability

The person recorded has a further right to the portability of their data. The relevant person has the right to receive the personal data concerning them, that they supplied, in a structured form, commonly used and being able to be read by a machine, and has the right to transmit this data to another processing manager without DELTA DORE obstructing this action.

             5.7.4 – Right to lodge a complaint with the CNIL

Finally, the person affected can, if required, lodge a complaint with the departments of the CNIL.

They can do this by contacting the CNIL by post or telephone.

If you are registered on a DELTA DORE mailing list, you can, naturally, unsubscribe at any time by proving your identity and by contacting DELTA DORE either at the e-mail address rgpd@deltadore.com, or by post at the following address: Le Vieux Chêne – 35270 BONNEMAIN.

                5.7.5 - Security and respect for privacy

DELTA DORE takes the necessary precautions to protect your personal data and your privacy.

DELTA DORE, notably with support from the qualified companies of PASSI by the ANSSI, commits to ensure the security, integrity, quality and confidentiality of the data collected automatically during the use of DELTA DORE solutions or during a visit to the website.

To protect personal data, DELTA DORE frequently evaluates and upgrades its protective systems. You are regularly notified of changes with regard to our solutions and their operation. You must accept these notifications to integrate the latest services and functions as well as security components.

                5.7.6- Protection of minors.

The use of our solutions and the resources provided for this use remain the responsibility of persons exercising parental authority.

                5.7.7. Protection of data of deceased persons.

The user has the right to give directions about the storage, deletion and sharing of their personal data following their death.

A general or special instruction may appoint a person in charge of their execution. After the person’s passing, the appointed person will then be empowered to read the directions and request their implementation from DELTA DORE.

Failing an appointed person or unless otherwise specified, if the appointed person passes away, their heirs will be empowered to read the directions upon the passing of their author and request their implementation from DELTA DORE.

5.8.        Communication of your personal data

DELTA DORE can divulge personal data if required by law.

DELTA DORE may be led to purchase or sell some of its activities or assets. In the event of a sale, merger, reorganisation, dissolution or any other similar action, your personal data can be part of the assets sold.

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INTELLECTUAL PROPERTY

Applications and Websites are the property of DELTA DORE. Photos, texts, taglines, drawings, images, animated sequences with or without sound, as well as any artwork featuring in the Applications and Websites, except for data uploaded by the User, are the property of DELTA DORE or third parties that have authorised DELTA DORE to use them.

Reproduction, use, electronically or on hard copy, of the Applications and Websites is authorised subject to being exclusively for advertising, business or informational purposes, and subject to being compliant with article L122-5 of the Intellectual Property Code.

Except for the above clauses, any reproduction, representation, use or modification, regardless of the process and medium, of all or part of the Applications and Websites, of all or part of the contents thereof, without prior authorisation from DELTA DORE, is strictly prohibited and is considered as copyright infringement.

No license or right other than that to view the website and use the Applications in keeping with their intended purposes, is granted to the User of Applications and Website visitors in keeping with Intellectual Property rights and Copyright.

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Access to services

Applications and Websites are available to any User with access to Internet. All costs borne by the User to access the service (hardware, Internet access, etc.) are incurred by same.

Applications can also be uploaded to platforms made available by the operating system developers (Android, iOS…).

Access to and use of Applications and Websites is restricted to personal use. The User agrees not to use the Applications and Websites, as well as any associated information or data for commercial, political and advertising purposes and for any other type of commercial sollicitation.

DELTA DORE endeavours to ensure the quality of access to its services.

However, DELTA DORE accepts no responsibility for any downtime owing to force majeure.     

DELTA DORE accepts no responsibility for any notification delays. 

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MANAGEMENT AND MODIFICATION

For the management of Applications and Websites, DELTA DORE may at any moment:

-             suspend, discontinue or limit access to all or part of the Applications and Websites without notice for maintenance and any other circumstance. The user agrees not to claim any compensation owing to the interruption, suspension or modification of this Agreement,

-             delete any information that could disrupt the operation or conflicting with national or international laws,

-             suspend the Applications for upgrades.

DELTA DORE retains the right to launch new services as well as, as the case may be and without prior notice and at its sole discretion, to delete, improve or edit all or part of the features, characteristics, sections and services of the Applications and Websites.

If the End-User License Agreement is not accepted, the use of the Applications and Websites will be suspended.

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Liability

9.1.        User’s Responsibility

The use of the Applications and Websites requires specific Technical devices that falls under the User’s sole responsibility. Thus, the User must ensure the compatibility, proper installation, use and maintenance of their Technical devices required for the use of Applications and Websites.

The User is also responsible for any failures, virus attacks or hacking attempts related to their connection hardware.

The User will also be responsible for the data imported into the Applications.

The User must make sure to keep their password and username secret. Passwords cannot be disclosed in any form whatsoever. The User bears responsibility for the risks related to the use of their username and password, which are treated as confidential, personal and non transferable. The Developer waives any responsibility.

The User will be responsible for any legal proceedings filed against them for damage caused to them, third parties and equipment owing to the use of the Applications or for failure to comply with this End-User License Agreement.

9.2.        DELTA DORE’s Responsibility

DELTA DORE is responsible for the execution of its contractual obligations within the scope of this Agreement and current legislations and standards.

DELTA DORE endeavours to ensure access to the Applications and Websites.

DELTA DORE accepts no responsibility in the event of failure to execute or improper execution of this Agreement attributable to the User or third party who installs the product, or unforeseen and insurmountable event of a third party, or in case of force majeure.

Also, DELTA DORE accepts no responsibility for the following cases 

-             in case of incompatibility or failure of the User’s technical devices, including owing to the age of the technical devices;

-             if the connected devices are obsolete;

-             in case of failure, problem or downtime hindering access to the Applications and Websites or to any of their features;

-             in regards to, the list not being comprehensive: availability, currentness, security and quality of the Applications and Websites;

-             in case of deletion of, or inability to store, send or receive, any content or other information maintained or sent by the Applications;

-             in case of damage to the technical or connected device following the installation or use of the Applications;

-             in case of force majeure or owing to an unforeseen and insurmountable event of a third party;

-             in case of delayed or failed delivery of Emails and notifications.

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CHANGES TO THIS CONTRACT

This End-User License Agreement is subject to change. Users are therefore advised to refer to it regularly. It is available on the Websites, the application or upon request.

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TERM AND TERMINATION

The User of the Applications may terminate ipso jure and at any point in time this End-User License Agreement by deleting their DELTA DORE account or by uninstalling the Applications.

The User will be deemed not to have accepted the previous versions of the End-User

License Agreement, if they do not accept these terms.

At any point in time, DELTA DORE may terminate the Agreement with the User if they have infringed the clauses of this End-User License Agreement.

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APPLICABLE LAW

This End-User License Agreement is governed by French law. Failing any attempt to seek an amicable settlement, disputes will be ruled by the courts located near DELTA DORE’s head office subject to specific jurisdiction derived from a specific law.

Data storage occurs in keeping with the laws applicable in each country, unless otherwise specified and subject to the User’s acceptance of these provisions.

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Contact

For any issues pertaining to the use of Applications and Websites, the User can contact:

Customer Service

08.92.68.20.70

For any issues pertaining to the collection of personal data, the User can contact:

Postal service:

DELTA DORE

Correspondant RGPD

Le Vieux Chêne

35270 BONNEMAIN

E-mail:

gdpr@deltadore.com 

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Site and application terms of use in other countries