OFFICIAL APPLICATION OF THE TOUR DE FRANCE 2019

Updated version on June 18, 2019.

A.S.O. has developed the application “FRANCE 2019 TOUR OFFICIAL APPLICATION” which is accessible via the Apple Store and Play Store, hereafter referred to as the "Application”. With this Application, A.S.O. and SKODA aim to provide to cycling fans with all the information about the Tour de France (hereafter referred to as "the race") on Smartphone and Tablet, in real time and live streaming.

1.            Main goal

The purpose of these Terms and Conditions ('T&C') is to define the terms and conditions applicable when Users use the Official Application ('Users').

By accessing, downloading, installing and/or using the Official Application, you acknowledge that you have read, understood and accepted these General Terms and Conditions ('T&C').

A.S.O. may modify and update these T&C at any time, to consider the changes made in the Application, the services proposed and the Applicable regulations.

All the changes we make will be applicable with no undue delay after being notified to Users, by any means, including, but not limited to, the publication of a revised version of these General Terms & Conditions of the Official Application. You can find out the revision date of these T&C  by referring to the  "Last Update" on the top of these T&C.

2.            Legal Notice

Editor:

AMAURY SPORT ORGANISATION (A.S.O.)

Quai Ouest, 40-42 quai du point du Jour,

92100 Boulogne Billancourt, 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

Editor: Yann Le Moënner

Host:

NETCO SPORTS

20 Franklin Delano Roosevelt Avenue,

75008 Paris, France

RCS Nanterre: 501 766 349

Capital: 184,575 euros

Tel: 01 44 83 06 67

3.            Definitions

The following terms are defined as follows:

Data: means any information the User provides when downloading and installing the Official Application.

Personal Data: means any information that directly or indirectly identifies a User within the meaning of the French Data Protection Act No. 78-17 of 6th  January 1978 as amended by the Data Protection Act of 20th  June 2018 and by the Ordinance of 12th of December 2018, relative to Information Technology, Data files and Civil Liberties as well as within the meaning of the EU Regulation 2016/679, The General Data Protection Regulation, (hereinafter "GDPR").

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

The Race: means the 2019 edition of the TOUR DE FRANCE.

Official Application: means the platform called TOUR DE FRANCE 2019, 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.

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

Geolocation: process allowing You to be positioned when the User is on the roadside in order to be able to send him notifications in accordance with his Consent.

4.            Intellectual Property Rights

A.S.O. is the exclusive owner and holder of all Intellectual Property rights related to the Official Application (content and form): logo, graphic charter and site map, texts, section titles, pages, scripts, icons, pictograms, photographs, videos, data, statistics and any other editorial content.

It is strictly forbidden for the User is prohibited to reproduce and/or use the trademarks, logos and domain names used on the Official Application.

It is strictly forbidden to copy, reproduce, modify, republish, upload, distort, transmit or distribute in any way whatsoever, in any form or medium whatsoever, in whole or in part, any component of the Official Application (texts, articles, photos, drawings, images, videos, data, statistics, etc.) 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 forgery  that could engage the civil and penal liability of its author.

A.S.O. thus reserves the right to sue 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 proscribed without the express consent of its author.

However, a partial reproduction (right of quotation) may be tolerated provided that the following statement is clearly and visibly mentioned: "This content is reproduced from [specify the title and address of the source of the reproduced content OFFICIAL APPLICATION OF THE TOUR DE FRANCE 2019], which may have been updated since (on [add date])” of 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 considered as Personal Data (hereinafter "the Data").

In general, the Data communicated by Users through the Official Application is intended for processing by the authorised personnel of A.S.O., who are responsible for processing this data.

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

·         Subcontractor host of the Application: NETCO

·         Subcontractor which pushes the notifications to the Users: One Signal.

One Signal is a company which Head Quarters are in the United States of America (411 Borel Ave Suite 512, San Mateo, CA 94402), and which is governed by data privacy legislation of the State of California.

When installing the Application on User’s smartphone or tablet, User will be asked to read and accept One Signal’s Terms and Conditions as well (Privacy Notice).

·         Other providers or subcontractors, authorized social networks (hereinafter referred to as "Authorized Third Party").

5.1 Data collected:

In the scope of the Use of the Application, the following data is or may be collected, in accordance with the consents given by the User.

5.1.1         By A.S.O.

·         Geolocation data (GSM/GPS) will be collected and processed by A.S.O., if the User consents to it when installing the application on his smartphone or tablet.

·         Email (optional) allows the User to send messages within the Application.

5.1.1         By One Signal :

One Signal collects and processes the following information from their SDK (mobile technical cookie)

·         The purchases You make in the Application Store

·         Information on Your transactions and interaction with applications and websites

·         Mobile identifiers (iOS IDFAs or Android Advertising ID)

·         Precise geolocation

·         The e-mail address (when requested) which is chopped

·         The IP address and system configuration of your smartphone or tablet

·         Information about your smartphone or tablet: the type of terminal, the type and version of the operating system, the access provider, the internet browser used, the settings related to language, time zone and connection type.

5.2 Purposes of use of the User's personal data:

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

·         Discover the circuit of the Tour

·         If the User has consented to be geolocated, he or she will be able to select, in a precise manner, the notifications he or she wishes to receive on his or her smartphone or tablet:

o      The different stages of the Tour de France and follow the arrival of the Caravan (“Caravane du Tour”)

o      The summary of the day's highlights after each stage

o      The video summary

·         Follow the Tour de France on the social networks Twitter, Instagram and Facebook ;

·         Chat on "messenger" with other Users in real time;

·         Receive information about the Tour de France from our Partners' applications;

·         Receive, if the User agrees:

o   Information and offers relative to the Tour de France;

o   Special offers from Tour de France’s Partners.

·         Download the official mobile game of the Tour de France;

·         Participate in the Fantasy League game;

·         Know our main partners and access their Sites if User wishes to do so.

The User is free to modify or withdraw his consent at any time.

5.3 Links to Third Party Sites

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

The User will be able to download the games to his smartphone or tablet from the downloading platforms of the "Apple Store" and the "Play Store".

5.4 Data protection:

 A.S.O. implements and maintains all technical and organisational measures necessary to guarantee the security of the Data, in compliance 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 Race. Beyond this period, A.S.O. and any Authorized Third Party will delete all data still in their possession.

The Geolocation data will be deleted at the end of the Edition of the Tour de France concerned by the Application.

5.6 Users' rights :

In accordance with the applicable Laws and Regulations on the protection of personal data, and in particular with the French Data Protection Act No. 78-17 of 6th  January 1978 as amended as amended by the French Data Protection Act No. 2018-493 of 20th of  June 2018, and EU Regulation 2016/679, the User of the Application has the right to access, rectify, delete, limit the processing, oppose and transfer the Data, in accordance with articles 15 to 21 of the GDPR.

The User also has the right not to be subject to a decision based solely on automated processing, including profiling based on his Data, in accordance with Article 22 of the GDPR.

5.6.1 Definitions of rights on Users' data:

Post-mortem right: Define general or specific directives relating to the retention, deletion and disclosure of the User's Data after his death, in accordance with article 40-1 of the French Law relating to data processing, files and freedoms.

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 erasure 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 form accessible and readable by a machine.

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

Right of opposition: The User may object to Us processing his data for a certain purpose or for all purposes.

The Right not to be subject to a decision based solely on automated processing: The User has the Right not to be subject to a decision based solely on automated processing of his data whenever this decision has legal effects or affects You significantly or in a similar manner.

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, which is automatically sent to the DPO of A.S.O. at the address DPO@amaury.com

or by writing to :

AMAURY SPORT ORGANISATION

DATA PROTECTION OFFICER AMAURY

40 - 42 Quai du Point du Jour,

92100 Boulogne-Billancourt

We inform the User that, in accordance with Article 12 of GDPR, We will ask him for a copy of an identity card, in order to verify that his identity has not been usurped.

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 the provisions of Article 12 of 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 lodge a complaint before the “Commission Nationale Informatique et Libertés (CNIL)” if He or She believes that We are not respecting His or Her rights.

5.6.3 Other Users’rights

Each User has the right to oppose to the commercial prospecting undertaken by A.S.O. and/or 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 http://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 36007.

Users requests must be accompanied by an identity document and will be processed within a maximum period of one month from the receipt of identity document.

6.            RESPONSIBILITY

A.S.O. cannot, moreover, be held responsible for any malfunction of the network or of the servers or any other event beyond its reasonable control, which would prevent or damage access to the Official Application.

A.S.O. reserves the right to interrupt temporarily or to suspend or to modify without notice the access to the whole Official Application or to a part of the Application, in order to ensure its maintenance, or for any other 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 personalized installations of 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 Tour Application in his/her smartphone or tablet.

The Official Application is provided based on an "unprocessed state" service and is accessible according to its availability.

A.S.O. does not provide any express or implicit guarantee, including, guarantees relating to the quality and compatibility of the Official Application for a specific use, and the guarantee of the the non-violation of the rules related to  the use of the Official Application by Users. This list is not exhaustive.

The speed of information circulation 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 of the information available on the Official Application whether provided by A.S.O., 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 the claim to the attention of A.S.O., in the form of a registered letter with acknowledgement of receipt, within ten (10) days of the date that the dispute arises.