Terms of use of the platform

1. GENERAL CONDITIONS OF USE: DATA USERS

Any use of the PLATFORM implies the full, complete and unreserved acceptance, by the user (hereinafter "the USER"), of the present General Conditions of Use (hereinafter the GCU).

Preamble

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

The PLATFORM reserves the right to modify or update these TOU at any time and without prior agreement of the USER.

Article 1 - Definitions

The terms listed below shall have the following meanings in the context of these TOU:

  • "PARTIES": refers collectively to the PLATFORM the PRODUCER and the RECIPIENT;
  • "DATA": refers to all information, files, databases, interface programs and other information produced by PRODUCERS, deposited on the PLATFORM and made available to the various RECIPIENTS. ;
  • "SERVICES": refers to all services and deliverables provided by PRODUCERS, deposited on the PLATFORM and made available to the various USERS.
  • "PRODUCER": refers to any legal or natural person whose DATA appears on the PLATFORM;
  • "USER": refers to any legal or natural person using or consulting the DATA on the PLATFORM;
  • "PLATFORM": refers, on the one hand, to the space accessible at the address prim.iledefrance-mobilites.fr on which DATA can be deposited by PRODUCERS and consulted or reused by 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 - Object

These GTUs govern the use of the PLATFORM.

The purpose of these GTUs is to frame the rights and obligations of the PARTIES in the context of the use of the PLATFORM and to provide USERS with useful information in order to facilitate its use.

Article 3 - Conditions of access

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

However, the PLATFORM reserves the right to refuse or interrupt this access if the activity of the USER contravenes the security of the SERVICE, other USERS or PRODUCERS. Such refusal shall be justified and subject to the approval of a supervisory body set up by the PLATFORM.

In the event of non-compliance with these GCU, the PLATFORM reserves the right to suspend, without notice or compensation, a USER's access to the SERVICE.

Article 4 - Engagements, rights and responsibilities of the RUSTEE

In order to use the PLATFORM, the RUSTEE agrees to:

  • Not to undermine public order and to comply with the regulations in force, to respect the rights of third parties and the provisions of these GCU;
  • Acknowledge that the DATA remains the property of the PRODUCERS who have made it available;
  • Use the DATA in accordance with the license applicable thereto;
  • Acknowledge the PRODUCER's right to suspend or terminate the deposit of its DATA at any time in compliance with the terms and conditions of exit set forth 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;
  • Do not take legal action against a PRODUCER who refuses it, with a legitimate reason, the use of one or more of its DATA ;
  • Respect the regulations in force regarding the protection of personal data in the context of the reuse of DATA;
  • Pay the amount associated with its consumption of DATA and/or SERVICES within the period indicated on the associated invoice.

The REUSER has the right:

  • To reuse DATA deposited by PRODUCERS and, if necessary, made compatible with these reuse norms and standards by the PLATFORM. Such Reuses must comply with the licenses associated with the DATA, these TOU, any special conditions imposed by the PRODUCER and any restrictions set by the PLATFORM ;
  • To request, via the PLATFORM, from a PRODUCER, a correction or modification of DATA whose source is clearly identified;
  • To reuse DATA deposited by PRODUCERS;
  • To correct, modify, enrich DATA in compliance with the GTCU and any license associated with the DATA concerned.

The USER is solely responsible for the reuse he makes of the DATA on the PLATFORM.

Article 5 - Undertakings, rights and responsibilities of the PLATFORM

In its capacity as DATA aggregator, the PLATFORM undertakes to provide the SERVICE:

  • Allowing the USER to consult and/or download DATA in compliance with the specific conditions defined with the PRODUCERS. This DATA is made available in a format and at a level of quality that enables it to be used efficiently;
  • Access to the PLATFORM 24 hours a day, 7 days a week, except in cases of force majeure and in the event of interruption for reasons of technical maintenance or updating necessary for the proper functioning of the PLATFORM and related hardware. USERS shall not be entitled to claim any compensation in the event of unavailability or permanent closure of the PLATFORM;
  • Secure access in accordance with IT security norms and standards;
  • Monitoring of the deposit and reuse of DATA, which enables the PRODUCER to quantitatively measure its participation in the PLATFORM.

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

o Cases of non-compliant use not provided for in these GTU;

o Cases of abnormal use or illicit exploitation;

o Cases of malfunctions attributable to computer attacks.

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

The blocking of 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 makes available to USERS a support service for the technical assistance of USERS.

Article 6 - Conditions for stopping the provision or use of 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 TOU.

Article 7 - Particular conditions for PRODUCER-USERS

When the same natural or legal person is both PRODUCER and USER of data on the PLATFORM, it may benefit, without obligation of access under conditions to other DATA than those it makes available as long as the PRODUCER concerned gives it the opportunity to do so.

Article 8 - Intellectual Property

The USER acknowledges and accepts that all DATA are the exclusive property of the PRODUCERS who have deposited them 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 process whatsoever, without the express prior 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 whatsoever.

Article 9 - Personal data

If the USER is an individual, in the context of using the PLATFORM, Ile-de-France Mobilités, in its capacity as data controller, is required to collect and process personal data concerning him/her for the purposes of:

  • Creation of personal accounts;
  • Authentication of USERS;
  • Sending of emailing.

In this context, the data collected is as follows:

  • Identification data;
  • Economic and financial data.

This data is processed on the basis of contract performance and is kept for the legal periods in force. It is intended solely for use by Ile-de-France Mobilités staff and authorized service providers in the course of their duties. It will not be transferred outside Europe.

Any person concerned by one of these processing operations has the right, on proof of identity:

  1. a right of access ;
  2. a right of rectification ;
  3. a right of erasure ;
  4. a right of opposition ;
  5. a right to request a limitation of processing ;
  6. a right to data portability;
  7. a right to communicate directives concerning the fate of data after death;
  8. a right to lodge a complaint with the CNIL.

These rights may be exercised by writing to the following address: Ile-de-France Mobilités, A l'attention du Délégué à la protection des données, 39bis 41 rue de Châteaudun - 75009 Paris or by e-mail to dpo@iledefrance-mobilites.fr.

Article 10 - Modification of the GCU, applicable law and competent courts

Ile-de-France Mobilités reserves the right to modify these GCU at any time.

These GCU are governed by French law.

In the event of a dispute arising between the PARTIES concerning the interpretation, performance or termination of these GCU, the PARTIES will endeavor to resolve it amicably.

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

2. GENERAL CONDITIONS OF USE: DATA PRODUCERS

Any use of the PLATFORM implies the full, complete and unreserved acceptance, by the user (hereinafter "the PRODUCER"), of the present General Conditions of Use (hereinafter "the GCU").

Preamble

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

The PLATFORM reserves the right to modify or update these TOU at any time and without prior agreement from the PRODUCER.

Article 1 - Definitions

The terms listed below shall, in the context of these TOU, have the following meanings:

  • "PARTIES": refers collectively to the PLATFORM the PRODUCER and the RECIPIENT;
  • "DATA": refers to all information, files, databases, interface programs and other information produced by PRODUCERS, deposited on the PLATFORM and made available to the various RECIPIENTS.
  • "PRODUCER": refers to any legal or natural person having deposited DATA on the PLATFORM;
  • "USER": refers to any legal or natural person connecting to the PLATFORM to consult or download DATA;
  • "PLATFORM": refers, on the one hand, to the space accessible at the address prim.iledefrance-mobilites.fr on which DATA can be deposited by PRODUCERS and consulted or downloaded by 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 - Object

These TOU govern the use of the PLATFORM.

The purpose of these TOU is to govern 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 its use.

Article 3 - Conditions of access

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

However, the PLATFORM reserves the right to refuse such access if the USER's activity contravenes the security of the SERVICE, other USERS or PRODUCERS. Such refusal shall be justified and subject to the approval of a supervisory body set up by the PLATFORM.

In the event of non-compliance with these GCU, the PLATFORM reserves the right to suspend, without notice or compensation, a USER's access to the SERVICE.

Article 4 - Engagements, rights and responsibilities of the PRODUCER

By using the PLATFORM, the PRODUCER undertakes to:

  • Not to undermine public order and to comply with current regulations, to respect the rights of third parties and the provisions of these TOU;
  • To deposit DATA in an open and usable format;
  • To not degrade the level of quality and usability of the DATA after the latter has been deposited on the PLATFORM.

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

The PRODUCER has the right:

  • To request from the PLATFORM that a USER's access to the DATA it deposits may be restricted, refused or withdrawn if it demonstrates that the reuse is contrary to the orientation of public policies, that the use made of it is abusive. All requests must be justified to the PLATFORM Supervisory Body. After receiving the opinion of this body, the PLATFORM is free to decide whether or not to comply with the request.
  • To choose the DATA that it wishes to make accessible to USERS falling within certain categories or specifically designated, within the limits of compliance with the regulations in force and the present GTC;
  • To deposit such DATA and to become a RECIPIENT of DATA deposited by other PRODUCERS by benefiting from special conditions contractually defined with the PLATFORM and set out in the RECIPIENT TOS;
  • To suspend or stop the deposit of its DATA by complying with the conditions and exit procedures set out in Article 6.

The PRODUCER is obliged to:

  • Deposit DATA in compliance with the norms and standards allowing its reuse or grant the PLATFORM the possibility of making such DATA compatible with such norms and standards of reuse;
  • Deposit DATA in compliance with the regulations in force and the rules of computer security.

Article 5 - Undertakings, rights and responsibility of the PLATFORM

In its capacity as DATA aggregator, the PLATFORM undertakes to provide the SERVICE:

  • 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 at a level of quality that enable it to be used efficiently;
  • Access to the PLATFORM 24 hours a day, 7 days a week, except in cases of force majeure and in the event of interruptions for technical maintenance or updates necessary for the proper operation of the PLATFORM and related equipment;
  • Secure access in accordance with IT security norms and standards;
  • Compliance with Reuses norms and standards;
  • Tracking the deposit and reuse of DATA, enabling the PRODUCER to measure quantitatively and qualitatively its participation in the PLATFORM;
  • Allowing the PRODUCER to identify the REUSERS of its DATA;
  • Advising the PRODUCER on the possible applications of its DATA in order to help it choose the DATA relevant to its situation;

And guaranteeing the proper performance of the SERVICE and preventing by appropriate means:

  • Cases of non-compliant use not provided for in these GTU;
  • Cases of abnormal use or illicit 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.

The blocking of 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 technical assistance to PRODUCERS.

Article 6 - Conditions for suspending or discontinuing the provision of DATA

The PRODUCER may decide to suspend or permanently discontinue the provision of its DATA on the PLATFORM.

To do so, it undertakes to:

  • Inform the PLATFORM and the PLATFORM's supervisory body by appropriate means and within a period of 6 months prior to the suspension or cessation;
  • Collaborate on 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 USERS.

The PLATFORM undertakes to use its best efforts to inform USERS within a period a period of 3 months prior to the effective deletion of the data.

Article 7 - Particular conditions for PRODUCERS-REUSERS

When the same individual or legal entity is both PRODUCER and REUSER of data on the PLATFORM, it may benefit, without obligation of access under conditions to other DATA than those it makes available as long as the PRODUCER concerned gives it the opportunity to do so.

Article 8 - Intellectual Property

The USER acknowledges and accepts that all DATA are the exclusive property of the PRODUCERS who have deposited them 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 process whatsoever, without the express prior 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 whatsoever.

Article 9 - Personal data

If the PRODUCER is a natural person, as part 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 the PRODUCER for the purposes of:

  • Creation of personal account
  • Authentication of PRODUCERS;
  • Sending of emailing.

In this context, the data collected is as follows:

  • Identification data;
  • Economic and financial data.

This data is processed on the basis of contract performance and is kept for as long as your account exists. It is only used by authorized Ile-de-France Mobilités staff in the performance of their duties. They are not transferred outside Europe.

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

9. a right of access;

10. a right of rectification;

11. a right of deletion;

12. a right of opposition;

13. a right to request a limitation of processing;

14. a right to portability of his/her data;

15. a right to communicate his/her directive concerning the fate of his/her data after his/her 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, A l'attention du Délégué à la protection des données, 39bis 41 rue de Châteaudun - 75009 Paris or by e-mail to dpo@iledefrance-mobilites.fr.

Article 10 - Modification of the GCU, applicable law and competent courts

Ile-de-France Mobilités reserves the right to modify these GCU at any time.

These GCU are governed by French law.

In the event of a dispute arising between the PARTIES concerning the interpretation, performance or termination of these GCU, the PARTIES will endeavor to resolve it amicably.

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

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