Platform Terms of Use

1. GENERAL TERMS AND CONDITIONS OF USE: DATA RE-USERS

Any use of the PLATFORM implies the full, complete and unreserved acceptance by the user (hereinafter "the REUSER") of these General Terms and Conditions of Use (hereinafter the T&Cs).

Preamble

The PLATFORM is a paid or free space accessible at the prim.iledefrance-mobilites.fr address on which the PRODUCER makes its DATA available to REUSERS.

The PLATFORM reserves the right to modify or update these T&Cs at any time and without the prior consent of the REUSER.

Article 1 – Definitions

The terms listed below shall, for the purposes of these Terms of Use, have the following meanings:

"PARTIES": refers collectively to the PLATFORM, the PRODUCER and the REUSER;
"DATA": refers to all the information, files, databases, interface programs and other information produced by the PRODUCERS, deposited on the PLATFORM and made available to the various REUSERS. ;
"SERVICES": refers to all the services and deliverables provided by the PRODUCERS, deposited on the PLATFORM and made available to the various REUSERS. ;
"PRODUCER": refers to any legal or natural person whose DATA appears on the PLATFORM;
"REUSER": refers to any legal or natural person using or consulting the PLATFORM DATA;
"PLATFORM": means, on the one hand, the space accessible at the prim.iledefrance-mobilites.fr address on which the DATA may be deposited by the PRODUCERS and consulted or reused by the REUSERS, as well as, on the other hand, all its graphic, sound, visual, software and textual components protected by intellectual property rights. The actions of the PLATFORM are implemented by Ile-de-France Mobilités;
"SERVICE" refers to the functional and technical service provided by the PLATFORM for REUSERS and PRODUCERS.

Article 2 – Purpose

These T&Cs govern the use of the PLATFORM.

Their purpose is to provide a framework for the rights and obligations of the PARTIES in the context of the use of the PLATFORM and to provide REUSERS with useful information in order to facilitate their use.

Article 3 – Conditions of access

Access to the PLATFORM and its SERVICE is open to any legal or natural person, capable and of legal age.

However, the PLATFORM reserves the right to refuse or interrupt this access when the REUSER's activity contravenes the security of the SERVICE, other REUSERS or PRODUCERS. This refusal is justified and submitted to the approval of a supervisory body set up by the PLATFORM.

In the event of non-compliance with these T&Cs, the PLATFORM reserves the right to suspend, without notice or compensation, a REUSER's access to the SERVICE.

Article 4 – Commitments, rights and responsibilities of the REUSER

In order to be able to use the PLATFORM, the REUSER undertakes to:

Not to violate public order and to comply with the regulations in force, to respect the rights of third parties and the provisions of these T&Cs;
Acknowledge that the DATA remains the property of the PRODUCERS who have made it available;
Use the DATA in accordance with the license applicable to it;
Recognise the right of the PRODUCER to suspend or stop the deposit of its DATA at any time, in accordance with the conditions and terms of exit provided for in Article 6, accepted by the PARTIES;
Decide to suspend or terminate its use of the DATA without the PRODUCER being able to claim any compensation;
Not to take legal action against a PRODUCER who refuses, with a legitimate reason, the use of one or more of its DATA;
Comply with the regulations in force on the protection of personal data in the context of the reuse of DATA;
Pay the amount associated with their consumption of DATA and/or SERVICES within the period indicated on the associated invoice.

The REUSER has the right to:

To reuse the DATA deposited by the PRODUCERS and, if necessary, made compatible with these norms and reuse standards by the PLATFORM. This Reuse must be done in compliance with the licenses associated with the DATA, these T&Cs, any special conditions imposed by the PRODUCER and any restrictions set by the PLATFORM;
To request, through the PLATFORM, from a PRODUCER, a correction or modification of the DATA whose source is clearly identified;
To reuse the DATA deposited by the PRODUCERS;
To correct, modify, enrich the DATA in compliance with the T&Cs and any license associated with the DATA concerned.

The REUSER is solely responsible for the reuse he or she makes of the PLATFORM DATA.

Article 5 – Commitments, rights and responsibilities of the PLATFORM

In its capacity as a DATA aggregator, the PLATFORM undertakes to make the SERVICE available:

Allowing the REUSER to consult and/or download the DATA in compliance with the specific conditions defined with the PRODUCERS. This DATA is made available in a format and a level of quality that allows its efficient use;
Access to the PLATFORM 24 hours a day, 7 days a week, except in cases of force majeure as well as in the event of interruption for reasons of technical maintenance or updates necessary for the proper functioning of the PLATFORM and related equipment. REUSERS will not be able to claim any compensation in the event of unavailability or permanent closure of the PLATFORM;
Secure access according to IT security norms and standards;
To monitor the deposit and reuse of DATA, which allows the PRODUCER to quantitatively measure its participation in the PLATFORM.

The PLATFORM also undertakes to prevent and punish by appropriate means:

o Use cases that do not comply with and are not provided for in these T&Cs;

o Cases of abnormal use or illegal exploitation;

o Cases of malfunctions attributable to computer attacks.

The PLATFORM reserves the right to refuse or withdraw a REUSER's access to the PLATFORM or to DATA if a PRODUCER demonstrates that the reuse is abusive.

Blocking access to the PLATFORM is only possible after a request from the PRODUCER and a study of the relevance of the blocking by the PLATFORM.

The PLATFORM provides REUSERS with a support service for the technical assistance of REUSERS.

Article 6 – Conditions for stopping the provision or use of the DATA

The REUSER accepts that the PRODUCER may decide to suspend or definitively stop the provision of its DATA on the PLATFORM, in accordance with Article 6 of the PRODUCER T&Cs.

Article 7 – Special conditions for PRODUCER-REUSERS

When the same natural or legal person is both PRODUCER and REUSER of the data on the PLATFORM, he or she may benefit, without obligation, from access under conditions to DATA other than those he or she makes available as soon as the PRODUCER concerned gives him or her the opportunity to do so.

Article 8 – Intellectual property

The REUSER acknowledges and accepts that all the DATA is the exclusive property of the PRODUCERS who have deposited it on the PLATFORM.

With the exception of the DATA made available, the entire PLATFORM belongs to the latter and is protected by French and international legislation relating to intellectual property. Any total or partial representation of the PLATFORM or its components, by any means whatsoever, without the prior express authorization of the PLATFORM is prohibited and will constitute an infringement punishable by the regulations in force. In addition, the PLATFORM expressly prohibits the extraction, by permanent or temporary transfer, of all or a substantial part of the content of the PLATFORM, by any means and in any form whatsoever, as well as the reuse of a substantial part of the PLATFORM, in any form.

Article 9 – Personal data

If the REUSER is a natural person, in the context of the use of the PLATFORM, Ile-de-France Mobilités, in its capacity as data controller, is required to collect and process personal data concerning him or her for the purposes of:

Creation of a personal account;
Authentication of REUSERS;
Sending emailing.

In this context, the data collected are as follows:

Identification Data;
Economic and financial data.

This data is processed on the basis of the performance of the contract and is stored for the legal periods in force. They are intended only for Ile-de-France Mobilités agents as well as authorised service providers within the framework of their mission. They are not transferred outside Europe.

Any person concerned by one of these processing operations has, upon proof of identity:

a right of access;
a right of rectification;
a right to erasure;
a right to object;
a right to request a restriction of processing;
a right to data portability;
a right to communicate its directives concerning the fate of its data after its death;
a right to lodge a complaint with the CNIL.

These rights can be exercised by post to the following address: Ile-de-France Mobilités, For the attention of the Data Protection Officer, 39bis 41 rue de Châteaudun – 75009 Paris or by email at the address [email protected].

Article 10 – Modification of the T&Cs, applicable law and competent courts

Ile-de-France Mobilités reserves the right to modify these T&Cs at any time.

These T&Cs are subject to French law.

In the event of any dispute arising between the PARTIES regarding the interpretation, execution or termination of these TOU, the PARTIES shall endeavour to settle it amicably.

In the absence of an amicable agreement within 3 months of the referral to one of the PARTIES by registered letter with acknowledgement of receipt, the dispute will be submitted to the competent courts.

2. GENERAL TERMS AND CONDITIONS OF USE: DATA PRODUCERS

Any use of the PLATFORM implies the full, complete and unreserved acceptance by the user (hereinafter "the PRODUCER") of these General Terms and Conditions of Use (hereinafter "the T&Cs").

Preamble

The PLATFORM is a paid or free space accessible at the prim.iledefrance-mobilites.fr address on which the PRODUCER makes its DATA available to REUSERS.

The PLATFORM reserves the right to modify or update these T&Cs at any time and without the prior consent of the PRODUCER.

Article 1 – Definitions

The terms listed below shall, for the purposes of these Terms of Use, have the following meanings:

"PARTIES": refers collectively to the PLATFORM, the PRODUCER and the REUSER;
"DATA": refers to all the information, files, databases, interface programs and other information produced by the PRODUCERS, deposited on the PLATFORM and made available to the various REUSERS. ;
"PRODUCER": refers to any legal or natural person who has deposited DATA on the PLATFORM;
"REUSER": refers to any legal or natural person connecting to the PLATFORM to consult or download DATA;
"PLATFORM": means, on the one hand, the space accessible at the prim.iledefrance-mobilites.fr address on which the DATA may be deposited by the PRODUCERS and consulted or downloaded by the REUSERS, as well as, on the other hand, all its graphic, sound, visual, software and textual components protected by intellectual property rights. The actions of the PLATFORM are implemented by Ile-de-France Mobilités;
"SERVICE" refers to the functional and technical service provided by the PLATFORM for REUSERS and PRODUCERS.

Article 2 – Purpose

These T&Cs govern the use of the PLATFORM.

Their purpose is to provide a framework for the rights and obligations of the PARTIES in the context of the use of the PLATFORM and to provide PRODUCERS with useful information in order to facilitate their use.

Article 3 – Conditions of access

Access to the PLATFORM and its SERVICE is open to any legal or natural person, capable and of legal age.

However, the PLATFORM reserves the right to refuse this access when the REUSER's activity contravenes the security of the SERVICE, other REUSERS or PRODUCERS. This refusal is justified and submitted to the approval of a supervisory body set up by the PLATFORM.

In the event of non-compliance with these T&Cs, the PLATFORM reserves the right to suspend, without notice or compensation, a REUSER's access to the SERVICE.

Article 4 – Commitments, rights and responsibilities of the PRODUCER

By using the PLATFORM, the PRODUCER undertakes to:

Not to violate public order and to comply with the regulations in force, to respect the rights of third parties and the provisions of these T&Cs;
Deposit DATA in an open and actionable format;
Not to degrade the level of quality and usability of the DATA after it has been deposited on the PLATFORM.

The DATA deposited on the PLATFORM by PRODUCERS is the sole responsibility of the PRODUCERS. In any event, the PLATFORM cannot be held responsible for content of which it is not the author and whose publication it does not moderate.

The PRODUCER has the right to:

To ask the PLATFORM that a REUSER's access to the DATA he or she submits may be restricted, refused or withdrawn if he or she demonstrates that the reuse is contrary to the orientation of public policies, that the use made of it is abusive. Any request must be justified to the PLATFORM's Supervisory Body. After the opinion of this body, the PLATFORM remains free to follow up or not on the request.
To choose the DATA that it wishes to make accessible to REUSERS belonging to certain categories or specifically designated, within the limits of compliance with the regulations in force and these T&Cs;
To deposit this DATA and to become a REUSER of DATA deposited by other PRODUCERS by benefiting from specific conditions defined contractually with the PLATFORM and appearing in the REUSER T&Cs;
To suspend or stop the deposit of their DATA in accordance with the conditions and exit procedures provided for in Article 6.

The PRODUCER is obliged to:

To deposit DATA in compliance with the norms and standards allowing its reuse or to grant the PLATFORM the possibility of making this DATA compatible with these norms and standards of reuse;
Deposit DATA in compliance with the regulations in force and IT security rules.

Article 5 – Commitments, rights and responsibilities of the PLATFORM

In its capacity as a DATA aggregator, the PLATFORM undertakes to make the SERVICE available:

Allowing the PRODUCER to deposit the DATA of its choice at the disposal of the REUSERS of its choice, within a contractual framework defined between the PARTIES. This DATA is made available in a format and a level of quality that allows its efficient use;
Access to the PLATFORM 24 hours a day, 7 days a week, except in cases of force majeure as well as in the event of interruption for reasons of technical maintenance or updates necessary for the proper functioning of the PLATFORM and related equipment;
Secure access according to IT security norms and standards;
Compliance with norms and reuse standards;
Monitoring the deposit and reuse of DATA, which allows the PRODUCER to quantitatively and qualitatively measure its participation in the PLATFORM;
Allowing the PRODUCER to identify the REUSERS of its DATA;
Advice to the PRODUCER on the possible applications of its DATA in order to help it choose the relevant DATA in its situation;

And to guarantee the proper performance of the SERVICE and prevent by appropriate means:

Use cases that do not comply with and are not provided for in these T&Cs;
Cases of abnormal use or illegal exploitation;
Cases of malfunctions attributable to computer attacks.

The PLATFORM reserves the right to refuse or withdraw a REUSER's access to the PLATFORM or to data if a PRODUCER demonstrates that the reuse is abusive.

Blocking access to the PLATFORM is only possible after a request from the PRODUCER and a study of the relevance of the blocking by the PLATFORM.

The PLATFORM provides PRODUCERS with a support service for the technical assistance of PRODUCERS.

Article 6 – Conditions for suspending or stopping the provision of the DATA

The PRODUCER may decide to suspend or definitively stop making its DATA available on the PLATFORM.

To this end, it undertakes to:

Inform the PLATFORM and the PLATFORM's supervisory body by appropriate means within 6 months before the suspension or termination;
To collaborate in a reversibility plan defined with the PLATFORM in the event that the temporary or permanent absence of DATA jeopardizes the activity of one or more REUSERS.

The PLATFORM undertakes to make its best efforts to inform the REUSERS within a period of 3 months before the effective deletion of the data.

Article 7 – Special conditions for PRODUCER-REUSERS

Article 8 – Intellectual property

The REUSER acknowledges and accepts that all the DATA is the exclusive property of the PRODUCERS who have deposited it on the PLATFORM.

Article 9 – Personal data

If the PRODUCER is a natural person, in the context of the use of the PLATFORM, Ile-de-France Mobilités, in its capacity as data controller, is required to collect and process personal data concerning him or her for the purposes of:

Creating a personal account
Authentication of PRODUCERS;
Sending emailing.

In this context, the data collected are as follows:

Identification Data;
Economic and financial data.

This data is processed on the basis of the performance of the contract and is stored for the duration of your account. They are intended only for Ile-de-France Mobilités agents who are authorised to do so to carry out their missions. They are not transferred outside Europe.

Any person concerned by one of these processing operations has, upon proof of identity:

9. a right of access;

10. a right of rectification;

11. a right of erasure;

12. a right to object;

13. a right to request a restriction of processing;

14. a right to data portability;

15. a right to communicate its directives concerning the fate of its data after its death;

16. a right to lodge a complaint with the CNIL.

These rights can be exercised by post to the following address: Ile-de-France Mobilités, To the attention of the Data Protection Officer, 39bis 41 rue de Châteaudun – 75009 Paris or by email to the address [email protected].

Article 10 – Modification of the T&Cs, applicable law and competent courts

Ile-de-France Mobilités reserves the right to modify these T&Cs at any time.

These T&Cs are subject to French law.

In the event of any dispute arising between the PARTIES regarding the interpretation, execution or termination of these TOU, the PARTIES shall endeavour to settle it amicably.

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