Updated on November 10, 2021
A.S.O. has developed the application called THE OFFICIAL APPLICATION OF THE DAKAR accessible via the Apple Store under the name "Dakar 2022" and Play Store under the name "Dakar Rally "; hereinafter referred to as the "Official Application" for Dakar fans in order to offer them all the information on the Dakar (hereinafter referred to as "the rally") in real time on Smartphone and Tablet.
1. Objet
The purpose of these General Terms and Conditions of Use (hereinafter referred to as "the T&Cs") is to define the terms and conditions applicable when the Official Application is used by its Users (hereinafter referred to as "Users").
By accessing, downloading, installing and/or using the Official Application, you acknowledge that you have read, understood, and accept these T&Cs which have contractual value between the User and A.S.O.
A.S.O. may modify and update the T&Cs at any time, to consider changes in the Application, the services offered and the applicable regulations. With each modification, A.S.O. will ask you for a new acceptance.
Any changes we make will apply immediately after being notified by any means, including, but not limited to, by the publication of a revised version of these Terms and Conditions of Use on the Official Application. You can find out the date of revision of these T&Cs by referring to the mention "Last updated" at the top of these T&Cs.
2. Legal Information
Editor:
AMAURY SPORT ORGANISATION (A.S.O.)
Quai Ouest, 40-42 quai du point du Jour,
92100 Boulogne Billancourt, France
N° TVA intracommunautaire : FR 16 383 160 348
RCS Nanterre: 383 160 348
Capital: 61 200 240 euros
Tel: +33(0)1 41 33 14 00
Email: contact@aso.fr
Publishing Director: Yann Le Moënner
Développer :L’ÉQUIPE 24
40 QUAI DU POINT DU JOUR
92100 BOULOGNE-BILLANCOURT, France
RCS Nanterre : 414804476
The Application is hosted by:
SKALE-5
33 Avenue des Champs Elysées
75008 PARIS, France
3. Definitions
The following words are defined as follows:
Data: means any information relating to the User, provided by the User directly on the Official Application.
Personal Data: means any information that directly or indirectly identifies a User within the meaning of Act n°78-17 of 6 January 1978 on information technology, data files and civil liberties, amended, as well as within the meaning of Regulation (EU) 679/2016, General Data Protection Regulation, (hereinafter "GDPR").
User: means any natural person connected to the Official Application.
The Rally: means the edition of the DAKAR.
Official Application: means the platform called DAKAR, and accessible via the Apple Store and Google Play Store.
Data processing: Operations carried out on the Data (collection, storage, deletion, etc.). Consent: The authorization of persons to process their Data. It can be modified or removed at any time at their earliest convenience
Controller of the processing operation: A.S.O., the legal entity that determines the purposes and means of processing the data of the Users of the Application.
4. Intellectual Property
A.S.O. is the exclusive owner or holder of all intellectual property rights to the Official Application, relating to all content (background/form) published: logo, graphic charter and site map, texts, section titles, pages, scripts, icons, pictograms, photographs, videos, data, statistics and any other editorial content.
The User is prohibited from reproducing and/or using the trademarks, logos and domain names appearing on the Official Application.
No element composing the Official Application (texts, articles, photos, drawings, images, videos, data, statistics, etc.) may be copied, reproduced, modified, republished, downloaded, distorted, transmitted or distributed in any way whatsoever, in any form or medium whatsoever, in whole or in part, without the prior written consent of A.S.O., except for strict use for press purposes and subject to respect for intellectual property rights and any other property rights mentioned.
Any total or partial representation of the Official Application by any means whatsoever, without the express authorization of A.S.O. is prohibited and would constitute a counterfeit that could engage the civil and penal liability of its author.
A.S.O. thus reserves the right to prosecute any act of infringement of its intellectual property rights.
Only private copying is allowed for personal, private, and non-commercial use.
Any reproduction of any content is therefore, as a matter of principle, strictly prohibited without the express consent of its author.
However, a partial reproduction (right of quotation) may be tolerated provided that it is clearly and visibly attached to each page reproducing content, the following statement: "This content is reproduced since"[specify the title and address of the source of the reproduced content "[OFFICIAL APPLICATION OF THE DAKAR], which may have been updated since [add date]) accessibility to the Official Application.”
Users will be able to access the Official Application via the download platforms called "Apple Store" and "Play Store" and download it to their mobile phones or tablets.
5. PERSONAL DATA
By installing the Application, the User is required to provide us with certain data, some of which can directly or indirectly identify the User and are therefore Personal Data (hereinafter "the Data").
In general, the Data communicated by Users through the Official Application is intended for processing by the authorized personnel of A.S.O., who are responsible for processing this data.
When using the Application, A.S.O. transfers or is likely to transfer the User's data to:
- The Data Processor hosting the Application: Skale-5;
- The Data Processor developing the Application: L’Equipe 24;
- The Data Processor responsible of sending notifications to Users: IMEDIAPP SA.
IMEDIAPP SA is a French company that offers all the appropriate security measures to protect User’s data.
When installing the Application on User’s smartphone or tablet, User will be asked to read and accept the T&Cs, which have a legal force between A.S.O. and the User.
- Other providers or Data Processors and authorized social networks (hereinafter referred to as "Authorized Third Party").
5.1 Data collected:
When Using the Application, the following Data is or may be collected, in compliance with the consents given by the User.
5.1.1 By A.S.O.
- Your email address will be collected when You subscribe to the newsletter.
5.2 Purposes of use of the User's personal data:
The processing of the User's personal data has the following purposes:
-Keep You informed about the Dakar
-Discover the Dakar route
-You will be able to select, in a precise way, the notifications You wish to receive on Your smartphone or tablet:
- The different stages of the Dakar
- The summary of the day's highlights
- The video summary
-Follow the Dakar on the social networks Twitter, Instagram, and Facebook
-Receive information about the Dakar from applications of our Partners based on Your consent.
-Receive:
- Information and offers related to the Dakar;
- Special offers from Dakar partners, if You agree.
- Know Our main partners and access their Sites if You wish.
The User is free to modify or withdraw his consent at any time.
5.3 Links to Third Party Websites
The User may be transferred to Third Party Applications or Sites, which may be developed or hosted by A.SO. service providers. A.S.O. has no control over the Third-Party Sites and shall in no event be held responsible for their content.
5.4 Data Protection:
A.S.O. implements and maintains all technical and organizational measures necessary to guarantee the security of the Data, in accordance with Article 32 of the GDPR.
A.S.O. undertakes to ensure that Authorized Third Parties take all necessary security measures to ensure the integrity, security, and confidentiality of the Data.
5.5 Data retention:
Users' data will be kept for a period of three (3) years from the end of the Rally. Beyond this period, A.S.O. and any Authorized Third Party will delete all data still in their possession.
5.6 User’s rights:
In accordance with the applicable regulations on the protection of personal data, and in particular Act n°78-17 of 6 January 1978 on information technology, data files and civil liberties, and (EU) Regulation 2016/679, the User of the Application has the right to access, rectify, delete, limit the processing, oppose and ask for data portability of the Data, in accordance with articles 15 to 21 of GDPR.
The User also has the right to refuse to be the subject of an automated individual decision based on his Data, in accordance with Article 22 of the GDPR.
5.6.1 Definitions of Data Subject’s Rights:
Post-mortem right: Define general or specific directives relating to the storage, deletion, and communication of the User's Data after his death, in accordance with article 40-1 of the law relating to information technology, data files and civil liberties.
Right of access: Allows the User to request access to His Data and to obtain communication of the Data We hold on him, in an accessible and readable form.
Right of rectification: The User has the possibility to request the modification, rectification or update of his Data that may be inaccurate or incomplete.
Right of deletion: The User may request the deletion or deletion of all or part of his Data free of charge, within the limits of the obligations to which We are subject in accordance with the applicable regulations.
Right to portability: The User may obtain communication of all the Data processed in an automated manner concerning him that We hold, in a machine-readable format.
Right to limitation: The User may ask Us to stop the processing of his data in specific cases specified by law.
Right to object: The User may object to Us processing his data for a certain purpose or for all purposes.
Right not to be the subject of an automated individual decision: The User may refuse to be the subject of an automated individual decision takenbasedon His Data when it produces legal effects or affects You significantly or similarly.
5.6.2 How can the User exercise his rights on his Data?
Any User of the Application can exercise his rights with A.S.O. by completing the form available HERE,[DCP1] which is automatically sent to the DPO of A.S.O. at the address dpoaso@aso.fr or by writing to:
AMAURY SPORT ORGANISATION
DATA PROTECTION OFFICER AMAURY
40 - 42 Quai du Point du Jour,
92100 Boulogne-Billancourt
You can also send an email with your complete request. We inform the User that, in accordance with Article 12 of the GDPR, We will ask him for a copy of an identity document, in order to verify that his identity has not been misused.
A.S.O. will respond to any request for the exercise of rights within the legal time limit of thirty (30) days following receipt of the identity document, provided that the initial request is complete, in accordance with Article 12 of the GDPR.
Any request that does not provide Us with all the necessary information to process it within the legal deadline will interrupt this deadline and extend it until all the necessary documents and information are obtained.
Finally, the User has the right to file a complaint before the Commission Nationale Informatique et Libertés (CNIL) if He/She believes that We are not respecting His/Her rights.
5.6.3 Other User’ rights
Each User has the right to object to receiving commercial prospection from A.S.O. and/or from its commercial partners.
The User concerned by telephone prospecting may also object to the use of his telephone number by registering free of charge on the website www.bloctel.fr.
The User concerned by email prospecting can also modify or unsubscribe from newsletters via the unsubscribe link available at the end of each email (newsletter).
The User concerned by SMS prospecting can also unsubscribe by sending the mention "STOP SMS" to the number appearing on the message.
Users' requests must be accompanied by a document proving his/her identity and will be considered within a maximum period of one month from the receipt of the latter.
6. RESPONSIBILITY
A.S.O. cannot, moreover, be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent or degrade access to the Official Application.
A.S.O. reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Official Application, to ensure its maintenance, or for any other legitimate reason.
A.S.O. cannot therefore be held liable for any damage, whatever its nature, resulting from the unavailability of the Official Application.
The User acknowledges that he/she is informed and accepts the fact that A.S.O. cannot, for any reason or in any form whatsoever, be held responsible for the creation, deletion, failure to deliver or store digital data or custom installations made by the Users, placed under the sole and entire responsibility of the latter.
The User acknowledges that he/she implements, for his/her part, all security measures allowing him/her to protect his/her own data and/or software from contamination by possible viruses circulating on the Download Platform used to install the Dakar Application in his/her smartphone or tablet.
The Official Application is provided as an "as is" service and accessible according to its availability.
A.S.O. does not provide any express or implicit guarantee, including, without this list being exhaustive, guarantees relating to the quality and compatibility of the Official Application for a specific use, and to the non-violation of the rules for the use of the Official Application by Users.
The speed of information flow is specific to each network; A.S.O.'s responsibility cannot under any circumstances be sought in this regard.
A.S.O. cannot give any guarantee of reliability about all the information provided and other data present on the Official Application, whether provided by it, its partners and/or any third party.
7. APPLICABLE LAW
These T&Cs are governed by French law.
In the event of a dispute, an amicable solution will be sought before any legal action is taken by bringing a claim to the attention of A.S.O., by registered letter with acknowledgement of receipt, within ten (10) days of the dispute arising. [DCP1]Vérifier que les liens hypertexte fonctionnent correctement sur l’app. Merci