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.

Should the User refuse to partially or fully accept these Terms of Use, some Solutions will not be available 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the only binding version throughout the period of use of the Applications, Websites and related services, until it is superseded by a new version. Delta Dore may retain the right to unilaterally edit the contents of the Terms of Use hereof.

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Legal information

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 Companies Register no. 897 080 289. The Publisher holds all rights over the Applications, Websites and related services.

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Definitions

The clause sets forth the essential terms of these Terms of Use and the following expression shall bear the following meanings:

Delta Dore Solutions: Means the 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/program made available by DELTA DORE.

Websites: Means all DELTA DORE’s web pages and associated resources accessible through a web address.

User: Means any natural person of a legal age who is responsible for using the Application.

Connected Devices: Means any connected devices and home automation unites from Delta Dore or other brand that can be controlled by the Applications.

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

Personal data: Means any information that can be used to identify a natural person, either 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 equipment, lighting, heating, shutters, alarms and video surveillance to be remotely controlled.

An automatic opening and closing of shutters is made available through up and down times of the sun. This prevents users from technical programming steps. To achieve this though, localization data is needed for an adequate and precise User experience. This data is solely used for this unique functionality of automatically programming up and down times of shutters. This data is stored only on the Tydom gateway and never stored in the cloud.

In regards to video surveillance, data is stored in keeping with the applicable legal dispositions in the User’s country in order to guarantee 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.

For our Smart Home solution to operate, some personal data is collected and processed. This personal data includes sensor data as well as setpoints that the User sets or programs. This data is collected and coherently processed so that actuators work as the User wishes and finally so that our Smart Home solution operates as it is expected to.

Beyond personal information that is strictly necessary for our products and services to operate, the User can improve his Smart Home experience through options. In this situation, the User has the choice whether to activate the option and therefore accept the processing of the related personal data, or not.

5.2 Scope of the collection

Some of your personal information may also be collected:

  • When installing and 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 these Terms of Use,
  • When you contact us (telephone, email, etc.),
  • When you visit a concept home,

5.3 Type of collected data

In the commercial relationship between DELTA DORE and its clients, personal data can be of different natures: last name, first name, email address, IP address, postal address, telephone number, data stemming from the use of products installed in your home etc.

For our Smart Home solution to operate, some personal data is collected and processed. This personal data includes sensor data as well as setpoints that the User sets or programs.

Depending on the facilities and automations set, the User may be able to control his installation through voice control, or to get video monitoring solution etc. Here again, the personal data is collected and coherently processed so that actuators work as the User wishes and finally so that our Smart Home solution operates as it is expected to.

When some of our Smart Home solution’s services are provided by third parties, the data necessary for these third parties to complete and perform their services within our Smart Home solution is collected and transmitted to these third parties in accordance with these present Terms of Use.

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 runnings 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.

With regard to the personal data necessary for our Smart Home solution’s operation, it is only stored within the marketed Delta Dore products. It is stored there for the entire duration of the usage of the Delta Dore products and services.

Delta Dore’s cloud computing platform saves some technical data regarding the installation, pairings made and the settings. This backup allows the Users to get more efficient solutions as for hardware replacement. The data is stored for the entire duration of the usage of the Delta Dore products and 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.

Regarding specifically the data necessary or our Smart Home solution to operate, it is intended and available only to the User’s own use. However, DELTA DORE’s employees operating in case of a request for assistance from the User may be made aware of the personal data while they operate. The same goes for DELTA DORE’s partners.

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 running. 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 artworks featuring in the Applications and Websites, except for data uploaded by the User, are the property of DELTA DORE or of 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 L. 122-5 of the French 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 their content thereof, without prior authorisation from DELTA DORE, is strictly prohibited and is considered as copyright infringement.

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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.

Application can also be uploaded to platforms made available by the operating system developers (android, iOS, etc.).

Access to and use of the 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 solicitation.

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 running 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 these Terms of Use are 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 these Terms of Use.

9.2 Publisher'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

These Terms of Use are subject to change. Users are therefore advised to refer to it regularly. It is available on the Websites, Applications or upon request.

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TERM AND TERMINATION

The User of the Applications may terminate ipso jure and withdraw from these Terms of Use at any time 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 Terms of Use if he does not accept these terms.

An any time, DELTA DORE may terminate the Agreement with the User if he has infringed the clauses of these Terms of Use.

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APPLICABLE LAW

These Terms of Use are 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

In the event of difficulty with the use of the Applications and/or Websites, the User may contact:

Customer Services

+33 (0)8.92.68.20.70

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

By post:

DELTA DORE

Data Protection Officer

Le Vieux Chêne

35270 BONNEMAIN

By e-mail:

gdpr@deltadore.com 

Updated : 06/02/2020

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Site and application terms of use in other countries