The purpose of these provisions is to define the conditions of access and use by the user (hereinafter referred to as the “user”) of the TellMyCity application (hereinafter referred to as the “application”) managed by the competent clients (hereinafter referred to as the “Client”) and Spallian, publisher of the application (hereinafter referred to as the “company”).
The TellMyCity application aims to facilitate communication between the citizens, the client and its various delegates and/or providers. The information provided by the users are considered to be working documents, which will help the client and its delegates and/or providers to organize and improve their actions. This information therefore does not oblige the client or its delegates and/or providers to take any action within a given timeframe. The Client and its delegates and/or providers remain free to determine what actions need to be implemented, the relevance and reliability of the information given, and the follow-up to be given to it.
The Client and its delegates and/or providers decline all responsibility for any damage that may result from the use or interpretation of the information published on the application. The Client and its delegates and/or providers are not in a position to guarantee the accuracy and completeness of this information, and as a result, they cannot be held liable for any reason whatsoever for any errors contained in the application, or for any direct or indirect damage that any person may suffer as a result of consulting the application or information published on the application.
The Client and its delegates and/or providers and SPALLIAN will do their utmost to ensure maximum and continuous availability of the application. However, the Client and its delegates and/or providers and SPALLIAN cannot be held liable in the event of technical failure or unavailability of the application, regardless of its duration.
In order to ensure a top quality service, SPALLIAN also reserves periods of time to be devoted to maintenance, updates or technical interventions that are likely to interrupt access to the application’s services. However, the Company undertakes to limit the number and duration of service interruptions.
Registration to the application is required in order to access the services of the application. Non-registered persons are not permitted to use the application.
Registration and access to TellMyCity application services are free of charge, and reserved exclusively to legal entities and natural persons of legal age and free of guardianship having validated the present general terms and conditions of services.
Clicking on the validation button once you have completed the Registration Form validation process formalises the confirmation of the registration request, and implies that you have irrevocably accepted TellMyCity’s Terms and Conditions.
Registration can only be effective if a valid e-mail address and password are provided. Once registered, the user will receive a confirmation e-mail with a link that the user must click on to validate his registration.
The e-mail address can be modified after sending a request to customer support at: support@spallian.com.
Optional identification details (such as last name, first name, year of birth, gender) can be modified by the user via the application by accessing “parameters”, and are personal, confidential and non-transferable.
The Client and its delegates and/or providers and SPALLIAN shall not be held liable for any direct or indirect damages suffered by the user or by third parties as a result of fraudulent access to its member access following disclosure of the user’s personal identification details.
In particular, the Client and its delegates and/or providers and SPALLIAN cannot be held liable for any direct or indirect damages suffered as a result of access by unauthorised third parties to the user’s member access, provided that this fraudulent access has been carried out on the basis of the user’s personal identification details.
In order to exchange with the Client concerned, the user can use the application to send in reports, suggestions or congratulations.
The user agrees that the data provided by him/her may be published on the application and the service platform (back office), without any compensation being due to him/her.
Whenever a user submits a report, suggestion or congratulation, he/she agrees to be put in touch with the city concerned.
The user may also submit photos and comments to illustrate his/her reports, suggestions or congratulations.
By sending a notification, suggestion or congratulation form, the user consents to the computerised processing of all the data communicated on the form. This data may be used for communication purposes in the processing of the file, and will not be used for direct or indirect marketing activities.
SPALLIAN, the Client and its delegates and/or providers reserve the right, via a non-computerised moderation system, not to publish photos of insufficient technical quality, or photos that are unrelated to the subject matter of the report, or constitute a violation of a legal rule. Thus, photos will not be published if they are racist, pornographic, violent, extremist or licentious, or if they violate the privacy and/or image rights of third parties (see below).
According to an identical process, the Client, its delegates, providers and SPALLIAN will not publish comments that constitute a violation of a legal rule, and namely those of a racist, pornographic, violent, extremist or licentious nature, or those that are a violation of privacy (quoting the names of third parties for instance).
The Client and SPALLIAN reserve the discretionary right to exclude any user who does not comply with the aforementioned rules.
The Client and SPALLIAN cannot be held responsible for the content of photos and comments.
The user submitting photos declares that they are free of rights, and guarantees the Client and its delegates and/or providers and SPALLIAN against any recourse relating to the rights attached to the photos submitted.
Photos and comments must comply with the legal rules in force, and they must respect trademark law in particular (no misappropriation of trademarks, no advertising) as well as the privacy and image rights of individuals (no legible number plates, no recognisable faces of people who have not given their consent for the publication of their image, no names).
The password can be changed from the application’s homepage.
Ensuring the security of the personal data collected through use of the TELLMYCITY application is a priority for SPALLIAN, the Client and its delegates and/or providers.
SPALLIAN undertakes to ensure the best level of protection for its users’ personal data, in accordance with the European and French regulations applicable to the protection of personal data, and in particular Regulation No. 2016/679, known as the General Regulation on Data Protection, as well as law n° 78-17 of January 6, 1978 relating to information technology, files and liberties.
As part of the registration to, and use of, the application, some of the user’s personal data is collected.
SPALLIAN undertakes to collect only the information that is strictly necessary to the administration and purpose of the application.
The personal data collected are:
These may include:
Once collected, data are processed according to their nature.
The purpose of collecting and processing data is to:
The data concerning the user account are kept for three years from the moment the account is considered inactive. These data can be destroyed pursuant to a request being made by the interested party to the data controller via support@spallian.com.
Reports, suggestions and congratulations addressed to the Client, its delegates and/or providers may be subject to statistical processing. This processing renders the reports, suggestions or congratulations anonymous.
SPALLIAN (whose registered office is located at 44 rue Chanzy – 75011 PARIS) is responsible for the processing of the data submitted for the purpose of registering and using the application.
Some of the services and features of the application require the company to submit information. Indeed, the very purpose of the application is the transmission of data (reports, suggestions or congratulations) to the Client, its delegates and/or providers for the purpose of informing and/or exchanging with the latter.
As a result, the Client is the recipient of the following data:
The data submitted when registering for, or using, the application may also be passed on to the Client’s delegates and/or providers for legal reasons, or in connection with a complaint or dispute.
Each user is entitled to access, rectify, limit, delete, and object on legitimate grounds, and to the portability of his/her data, and to set guidelines regarding the fate of his/her personal data after his/her death and, where appropriate, to withdraw his consent at any time. Once registered, to exercise one or more of these rights, you must contact the Company’s data controller, by e-mail at support@spallian.com or by post at 44 rue Chanzy – 75011 PARIS, stating your last name, first name, e-mail address and postal address. In accordance with the regulations in force, this request must be signed and accompanied by a photocopy of an identity document bearing the participant’s signature, and the address to which the reply must be sent. A reply will then be sent within one month of receipt of the request.
Should the user consider the reply to be insufficient, or should there be no reply within one month, he/she may refer the matter to the CNIL (French Data Protection Authority.
The user can delete his/her account at any time by sending a request to support@spallian.com, upon which the users’ personal information will then be deleted. However, any reports, suggestions or congratulations sent by users, whether or not accompanied by documents, will be rendered anonymous and kept for statistical purposes.