Updated version on June 21,2023

A.S.O. has developed the application, called THE OFFICIAL APPLICATION OF THE TOUR which can be accessed in the Apple Store and in "Google Play", hereinafter called the "Official Application", which objective is to offer in real time to cycling fans all the information about the Tour de France (hereinafter, "the race") on all stages with ŠKODA , both on Smartphone and Tablet.

1.            Objective

  These General Terms of Use (hereinafter, "the GTU") are intended to define the terms and conditions applicable to Users (hereinafter, the "Users" or "You") who use the Official Application.

By accessing, downloading, installing and /or using the Official Application, you acknowledge having read, understood, and accepted these General Terms of Use which constitute the contract between the User and A.S.O.

A.S.O. may modify and update the GTU at any time, to take into consideration any change in the Application, the services offered and the applicable regulations.

Any changes we make will apply immediately upon notice, by any means, including, but not limited to, the posting of a revised version of these General Terms of Use on the Official Application. You may know the date of revision of these Terms by consulting the mention "Last updated" at the top of them.

By installing the Application on the User's smartphone or tablet, the User will be asked to read and accept these Terms.

The French version of these GTU will prevail over any translation and there is it which is authentic.

2.            Legal Notice

 Editor:

AMAURY SPORT ORGANISATION (A.S.O.)
Bâtiment Quai Ouest,
40-42 quai du point du Jour,
CS 90303
92650 Boulogne Billancourt Cedex
France

Intra-Community VAT: 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

Director of the publication : Yann Le Moënner

Developed by: L’Equipe 24, Subsidiary of the Amaury Group

This Application is hosted by:

Skale – 5 :

33 Avenue des Champs Elysées, 75008 PARIS 

 

3.            Definitions

The following words are defined as follows:

Official Application: means the platform called THE OFFICIAL APPLICATION OF THE TOUR DE FRANCE, and accessible through the Apple Store and Google Play.
Consent: The authorization of natural persons for the Processing of their Data. It can be modified or withdrawn at any time.

Data: means any information related to the User, provided by the User directly in the Official Application.

Data Controller: A.S.O., the legal entity that determines the purposes and means of processing the data of the Users of the Application.

Data processing: The operations carried out on the Data (collection, storage, deletion, etc.).
Geolocation: process that allows the User to position himself when he is on the side of the road to be able to receive notifications in accordance with his Consent.

The Race: means the edition of the TOUR DE FRANCE.

Personal data: means any information that directly or indirectly identifies a User within the meaning of Law No. 78-17 of January 6, 1978, as amended by the Law of June 20, 2018 and by the Ordinance of December 12, 2018, as well as within the meaning of Regulation (EU) 679/2016, General Data Protection Regulation, (hereinafter, "GDPR").

Processor: the natural or legal person, public authority, service, or other body processing personal data on behalf of the controller

User: means any natural person connected to the Official Application.

4.            Intellectual Property Rights

 A.S.O. is the exclusive owner or beneficiary of all intellectual property rights of the Official Application, relating to all content (substance / form) published: logo, graphic chart and plan of the Application, 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 that appear in the Official Application.

No element that makes up 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, in any form and medium, in whole or in part, without the prior written permission of A.S.O. , with the exception of the strict use of the press to comply with its obligations subject to the respect of intellectual property rights and any other property rights mentioned.

Any total or partial representation of the Official Application by any procedure, without the express authorization of A.S.O. is prohibited and would constitute an infringement that may compromise the civil and criminal liability of its author.

Therefore, A.S.O. reserves the right to prosecute any act of infringement of its intellectual property rights.

Copying is only allowed for private and personal, private and non-commercial use.

Therefore, any reproduction of content is strictly prohibited without the express consent of its author.

However, a partial reproduction (right of quotation) can be tolerated as long as it is added clearly and visibly on each of the pages that reproduce the content, the following mention: "[This content is reproduced from "[specify the title and address of the source of the reproduced content [OFFICIAL APPLICATION OF THE TOUR DE FRANCE], that has probably been updated since the accessibility [date of addition] to the Official Application]."

Users will be able to access the Official Application through the download platforms called "Apple Store" and "Google Play" and download it on their mobile phones or tablets.

5.           USER'S CODE OF CONDUCT

Access to the Application, hosted in "Software as a Service" (SaaS) mode, requires the User to have access to the Internet and to a Smartphone or Tablet. All costs incurred by the User to access the Application are at his own.

To access the Application, the User undertakes to use only secure hardware and software, in particular using a computer security suite, and free of viruses, any defect, anomaly, error and any malfunction that may lead to an interruption, malfunction or decrease in the security of the Application.

In the context of the use of the Application, the User undertakes not to perform the following operations, nor to allow anyone else to do so, directly, or indirectly:

5.1 Provide information that contains non-public or identifying personal information about another person without that person's explicit consent.

5.2 Restrict or prevent the use of the Application by any other member, including, but not limited to, "hacking" and manipulation of any part of the Application.

5.3 Access or attempt to access pieces of the Application for which A.S.O. has not granted you permission, circumvent or attempt to circumvent any security features in the Application, access the Application in any manner other than through the interface provided and authorized by A.S.O.;

5.4 Modify the software intended for the Application in any way or form, or use modified versions of the software, including (without limitation) for the purpose of gaining unauthorized access to the Application.

5.5 Use the Application for illicit purposes.

5.6 Affirm or suggest that we endorse your statements, without our prior written consent;

5.7 Impersonate any person or entity, real or fictitious, including an employee or representative of A.S.O.

5.8 Transmit (a) content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or offensive, or that infringes our intellectual property rights or other rights or those of a third party; (b) important, non-public information about companies without permission; (c) third-party trade secrets or (d) advertisements, applications, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (unless explicitly authorized by us);

5.9 Use the Application to harm minor children in any way.

5.10 Engage in spam or phishing activities.

5.11 Transmit software or other content that contains a virus, worm, Trojan horse, defect, software bomb or any other element of a destructive nature.

5.12 Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any part of the Application.

5.13 Remove copyright, trademark or other proprietary rights notices on the Application.

5.14 " Tracking " or harassing others.

5.15 Create a deep hyperlink to a page or content of the Application without written permission.

5.16 Use any robot, digital agent, deferred messaging program, web extraction or analysis application, search application or any other device or manual or automatic process to extract, index, explore data or in any way reproduce or circumvent the navigation structure or presentation of the Application or its content without our prior written consent.

Notwithstanding the foregoing, A.S.O. grants public search engine operators permission to use robots to copy content from the Application, ONLY TO THE EXTENT NECESSARY FOR THE CREATION OF PUBLICLY AVAILABLE SEARCH TRACKS OF SUCH CONTENT AND FOR THIS SOLE PURPOSE, but not caches or files of such content. A.S.O. reserves the right to revoke these exceptions, either in general or in specific cases.

5.17 Collect information about the Applications or members of the Application without their express consent.

5.18 Take any action, imposing or likely to impose on our infrastructure (or that of our third-party providers) a burden of data, information or requests, unreasonable or of disproportionate importance (at the discretion of A. N/A).

The actions indicated above constitute a serious breach of these General Terms and Conditions of Use.

The user is reminded that, under article 323-3 of the Criminal Code, any reproduction or dissemination of personal data fraudulently obtained by a third-party Application or by a search engine for the purpose of enriching its own database, or processing the data in its own name, will be considered an offense punishable by a penalty of 5 years in prison and a fine of € 150,000.

In the event of use of the Application that does not comply with these Terms or any other policy, rule, or directive applicable to the Application, A.S.O. reserves the right to refuse, block or remove access to the Application.

6.            PERSONAL DATA

When installing the Application, the User is obliged to provide us with certain data, some of which allows to identify him directly or indirectly and, therefore, are Personal Data (hereinafter, "the Data").

In general, the Data communicated by Users through the Official Application are intended to be processed by authorized A.S.O. personnel, the Data Controller.

As part of the use of the Application, A.S.O. transfers or is likely to transfer the User's data to:

  • Data processor responsible for sending notifications: IMEDIAPP S.A.
  • Data processor of the development of the Application: l'Equipe 24
  • Other service providers or Data Processors authorized social networks (hereinafter "Authorized Third Party").

6.1 Data collected by A.S.O.

The User does not need to provide us with any data to be able to use the Application in optimal conditions.

If the User so decides, he may give us his consent so that we can collect the following Data, in compliance with the consents given by the User:

  • Geolocation data (GSM/GPS) will be collected and processed by A.S.O. if the User consents after installing the Application on his smartphone or tablet. In this way, the User may be notified of the moment in which the caravan or the leading cyclists of the race pass near him or her.

6.1.1. Purposes of use of the User's personal data:

The processing of the User's personal data pursues the following purposes:

  • Discover the route of the Tour
  • If the User has consented to be geolocated, he can occasionally share his position to know at what time the caravan and the race leader are expected in that place.
  • If the User has given his consent to receive notifications, he may select, precisely, the notifications he wishes to receive on his smartphone or Tablet:
    • The real beginning.
    • Highlights.
    • The classification at the finish line.
    • The summary of the day's events.
    • The summary video

We believe that notifications related to the "Yellow Jersey" and the "Stage Winner" may be of interest to you. That is why we previously checked these two boxes. You can uncheck them at any time.

  • Follow the Tour de France on Twitter from the latest tweets.
  • Receive information about the Tour de France from our Partners' applications.
  • Receive, if you consent:
    • Information and offers related to the Tour de France.
    • Special offers from the commercial partners of the Tour de France.
  • Download the official mobile game of the Tour de France.
  • Participate in the game Fantasy League.
  • Meet our main commercial partners and access their Applications if you wish. In the latter case, we invite you to read their various privacy and cookie policies to know your rights and the means to exercise them.
  • Start a session at the Tour de France Fan Club by creating an individual account.
  • The User is free to modify or withdraw his consent at any time.

6.1.2 Links to Third Party Applications

The User may be transferred to Third-Party Applications, which may be developed or hosted by A.S.O. service providers. These include the applications of the Tour de France games: the Tour de France official game and the Fantasy League Game.

The User may download the games on his smartphone or tablet from the download platforms of the "Apple Store" and "Google Play".

6.1.3 Data protection:

  A.S.O. implements and maintains all the 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 verify that authorized third parties take all necessary security measures to guarantee the integrity, security, and confidentiality of the Data.

6.1.4 Data retention:

User data will be kept for a period of three (3) years from the end of the Race. After this period, A.S.O. and any Authorized Third Party will delete all data still in their possession.

Geolocation data is never saved.

6.2 Data collected by Google in the form for the exercise of rights (web view of the Site):

The Application does not collect personal data, as it is a web view of the form present in the Tour de France website.

We have implemented in the Application form permitting to exercise User’s rights a reCaptcha, a service provided by Google in order to prevent any malicious connection by computer robots and automatically detects if a human being has made the request.

Each time you click on the reCaptcha of the form, it analyzes the connection data collected about you.

6.2.1        Data collected by the reCaptcha of the webview of the form permitting to exercise User’s rights:

 It collects connection data:

  • User's IP address
  • Number of clicks
  • List of plugins
  • Cookies deposited during the last six months;
  • The Javascript objects of the page.

6.2.2.      Purposes of Google Data Process:

 Google processes the data collected to enable them to improve its services
To learn about Google's use of your data, your rights and the means to exercise them, we invite you to read its Privacy Policy accessible at: https://policies.google.com/privacy?hl=en-EN

7.      Processing of personal data by the Club

  In this part we explain the personal data we collect when you register to the Tour de France Club, its purposes and especially your rights and the means to exercise them.

7.1 Data collected


On the www.letour.fr/en/club page , we process identity data about you to allow you to log in to the Club, if you already have an account, or to register, if this is your first visit.

a) Identity data

We will ask you for certain Data to enable you to:

- Log in to your existing account;
- Register and create a new account.

i) Sign into an existing account

When you have an account, you may, either enter the Site, the following Identification Data:

-The email address you used to create your account;
-The password you chose when creating your account.

You also have the option to log in through your Facebook or Google accounts.

(1) Sign in through Apple

Our Site has implemented an Apple button to allow You to log in using Your Apple Account. In this case, You are transferred to Your Apple account and it is considered an "Independent Controller" because Apple alone decides what data to collect, the purposes of processing Your data and You will need to contact Apple to exercise your rights.

Indeed, Apple collects Your Data from the moment You click on the Apple button to connect to Our Site using Your Apple account.

Further information on how Apple processes personal data, including the legal basis on which Apple Inc. relies and the means available to data subjects to exercise their rights against Apple Inc. , can be found in Apple Inc. 's Data Policy available at https://www.apple.com/fr/legal/privacy/fr-ww/

 

(2) Sign in through Google

Our Site has implemented a Google button to allow you to log in using your Gmail account address. In this case, you will be transferred to your personal Gmail space. In this case, Google is considered an "Independent Controller" because Google only decides what data to collect, the purposes of the processing of your data and you will have to contact Google to exercise your rights. In fact, Google collects your data from the moment you click on the Google button to connect to our site using your Google account.

Further information on how Google processes personal data, including the legal basis on which Google is based and the means available for data subjects to exercise their rights against Google, can be found in the Google Data Policy, available at: https://policies.google.com/privacy?hl=en-US

ii) Sign up and create a new account

When you don't have an account yet, you can create one.

We need you to provide certain identifying data about yourself. These are the following identification data:

  • Civility.
  • Name
  • Surname
  • Nationality: this allows us to propose you content in your language
  • Date of birth: To be a fan of the Tour de France Club, you must be of legal age.
  • Email address: to which we will send commercial communications of your interest, if you do consent.
  • The password, which must contain at least 8 characters, including a special character. We advise you to create strong passwords, following the recommendations of the CNIL or ANSSI. A strong password protects you from data breaches related to your email address.
  • Confirmation of the password.

When you register, you receive an email at the email address provided in order to validate your email address. In this way, we ensure your identity.

b) Connection data

  • In general, we only collect the following login data during your session:
  • Information about your device's browser and the operating system you are using.
  • he web pages you visit.
  • Links you click on while browsing the Site.
  • Authentication history.
  • More information on this topic, on retention periods, is provided within our Cookie Policy

7.2 Purposes of use of your data

We only use and process relevant data to achieve the following purposes:

- Allow you to join a club of Tour de France fans and enthusiasts.

- Send you newsletters of other events organized by A.S.O. or commercial offers of Our commercial partners if You give your consent by checking the respective boxes.

- Offer personalized services and content (videos, press articles, etc.).

- Allow you to follow the Tour or other amateur or professional cycling events on Social Media.

- Confirm the creation of your account.

- Allow you to meet our Partners and the Tour de France store to acquire the products that make you happy.

- Ensure the security of the Site.

- Fight against fraud.

- Any other purpose for which we will ask for your consent, if necessary.

7.3 Recipients of your data

We share your data with our Data Processor, who is responsible for hosting the Application.
If you are redirected to a third-party site, your data will be processed by that third-party site. It can be social networks or the website of the Tour Store. In this case, the publishers of the Third-Party Sites will be the Data Controllers.

i) Site Host : Skale-5

The Site is hosted by:

SCALES-5

33 Avenue des Champs Elysées

75008 PARIS

Skale-5 has given ASO and the Amaury Group all the guarantees in terms of security and data protection.

The host of the Site has committed to A.S.O. to host Your Data within the European Economic Area.

ii) Social Media

As we have specified in Chapter 7.1 a)i) of this Terms and Conditions from the moment You choose to log in to Your account through Your Facebook or Google accounts, You are redirected to Their Sites and ASO is no longer the Data Controller.

A.S.O. cannot control the use of Your Data by Social Networks when You are redirected to their sites and, therefore, is not responsible for misuse by them. We strongly recommend that you carefully read the Privacy Policies or Statements of each of the Social Networks to know the use made of Your Data and how to exercise Your rights.

iii) Redirection to third-party sites, the Tour Store

A.S.O. allows you to benefit from offers on services and products sold by the Tour Store which Site is not managed by A.S.O. The Tour Store site is a third-party site to which you are redirected as soon as you click on the "store" button to access it.

A.S.O. is not responsible for any problems related to its relations with the Tour Store site.
When you access a Third-Party Site, you leave the A.S.O. Site and the publisher of the Third Party Site becomes the Data Controller.

A.S.O. cannot guarantee the way in which the Tour Store website processes your data. We invite you to read their privacy policy, accessible at: https://boutique.letour.fr/fr/le-tour-privacy-policy/ch-2822

7.4 Consent, the legal basis for the Processing of Your Data

We do not sell or rent Data to third parties. We use your data in strict compliance with applicable law relative to the protection of personal data. You remain solely responsible for the use of your personal data when giving or withdrawing your consent at any time:

- When you register.
- When you agree to receiving newsletters.

When you register, you are also asked if you wish to receive newsletters from A.S.O. or our partners.

Each time, we ask for your consent.

You can always unsubscribe by clicking on the link at the bottom of the newsletter.

7.5 Retention of your data

We have implemented the principle of minimization of your data and retain your data only for as long as necessary to achieve the purposes described in this document.

We keep your data for a period of 3 years. Once the 3-year period has expired, we securely delete your data and ask our Processors to do the same.

8. Rights of Users:

In application of the rules applicable to the protection of personal data, and in particular the French Data Protection Act, No. 78/17 as amended by Law No. 2018-493 of June 20, 2018, and Regulation (EU) 2016/679, the User of the Application has the rights of access, rectification, deletion, limitation of the processing, opposition and portability of the Data, in accordance with articles 15 to 21 of the RGPD.

The User also has the right to refuse to be subject to an automated individual decision made based on his Data, in accordance with Article 22 of the GDPR.

8.1 Definitions of rights over Users' data:

Post-mortem right: Define general or specific guidelines regarding the storage, deletion, and communication of User Data after their death, in accordance with article 40-1 of the law on the processing of data, files and freedoms.

Right of access: Allows the User to request access to Their Data and obtain the communication of the Data we have about them, and this in an accessible and legible way.

Right of rectification: The User has the possibility to request the modification, rectification or updating of their Data that are inaccurate or incomplete.

Right of deletion: The User may request the deletion or deletion of all or part of their 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 the communication of all the Data processed in an automated way that concerns him and that we hold, in an accessible and machine-readable format.

Right of limitation: The User may request us to stop the processing of their data in the specific cases specified by law.

Right of opposition: The User may object, for reasons relating to his particular situation, to the processing of his data for a certain purpose or for all purposes.

Right not to be subject to an automated individual decision: The User may refuse to be subject to an automated individual decision taken based on Your Data when it produces legal effects or affects you significantly or similarly.

8.2 How can the User exercise His/her rights over His/Her Data?

Any User of the Application or of the Club page may exercise his/her rights before A.S.O. by completing the form available at the following address: https://www.letour.fr/en/request-management . This form 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
40 – 42 Quai du Point du Jour,
 CS 90303
92650 Boulogne Billancourt Cedex
France

We inform the User that, in accordance with Article 12 of the GDPR, we may request a copy of a document proving his identity, to verify that he has not been usurped.

A.S.O. will respond to any request to exercise its right within the legal period of thirty (30) days following receipt of the requested supporting documents, provided that the initial request is complete, in accordance with Article 12 of the RGPD.

Any request that does not provide us with all the necessary elements to process it within the legal period will interrupt this period and extend it until all the necessary documents and information are obtained.

Finally, the User has the right to lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL) if he considers that we do not respect his rights.

8.3 Other rights of Users

Each User has the right to oppose the commercial prospecting of A.S.O. and/or its Partners.

The User concerned by telephone prospecting can also object to the use of his/her telephone number by registering free of charge on the website www.bloctel.fr.

The User concerned by the prospecting by email can also modify or unsubscribe from the newsletters through 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 that appears on the SMS.

Requests from users must be accompanied by a proof of identity and shall be considered within a maximum period of one month from receipt of proof of identity.

9. Responsibility

A.S.O. cannot, in addition, be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which prevents or degrades access to the Official Application.

A.S.O. reserves the right to interrupt, temporarily suspend or modify without prior notice access to all or part of the Official Application, to guarantee its maintenance, or for any other reason. Therefore, A.S.O. is not responsible for any damage, whatever its nature, resulting from the unavailability of the Official Application.

The User acknowledges being informed and accepting the fact that A.S.O. cannot, in any way, be held responsible for the creation, deletion, non-delivery or storage of digital data or personalized facilities of users, under the sole and entire responsibility of the latter.

The User acknowledges that he implements, for his part, all the security measures that allow him to protect his own data and / or software from contamination by possible viruses that circulate on the Download Platform used to install the Tour Application on his smartphone or Tablet.

The Official Application is provided on the basis of a service "as is" and accessible according to its availability.

A.S.O. does not provide any express or implied warranties, including, but not limited to, warranties relating to the quality and compatibility of the Official Application for a specific purpose, and the non-violation of the rules of use of the Official Application by Users.

The speed of the flow of information is specific to each network; the liability of A.S.O. cannot be sought in any way in this regard.

A.S.O. cannot give any guarantee of reliability as to all the information provided and other data present in the Official Application, whether provided by it, its commercial collaborators and / or any third party.

10. Applicable Law

These General Terms of Ise are governed by French law.

In the event of any litigation, an amicable solution will be sought before any legal remedy by submitting a claim to the attention of A.S.O. sent by registered letter with acknowledgment of receipt, within ten (10) days after the litigation has occurred.