ORANGE SA, a public limited liability company with a share capital of 10 640 226 396 €, registered in the Business Register of Paris under number 380 129 866, and whose registered address is at 78 rue Olivier de Serres 75015 Paris, France (“ORANGE”) provides the user (the “User”) with the website “Orange Phone”.
The Users shall read these terms and conditions (the “Terms”) carefully before accessing the Site and the Service as they will apply to their use. These Terms are the conditions under which Users can use the Site and the Service. If the User does not agree to the Terms, it must not use our Site and/or Service. By accessing, browsing and/or using the Site and the Service, the User confirms that he accepts and agrees to comply with the following terms:
ARTICLE 1 - DEFINITIONS
Site: Refers to the website called “Orange Phone” available at the URL: https://phonebook.orange-telephone.com giving access to the Service.
Service: means the phone number qualification service, as further described in article 4 below.
Third party: Refers to a service provided by a third party, an ORANGE partner, accessible through the Site and / or the service offered by ORANGE, acting as a publisher of directory and information service.
User: Refers to an adult individual using the Service, for his own needs, in the context of a strictly personal non-commercial use.
ARTICLE 2 - PURPOSE
The purpose of these Terms is to define the conditions under which:
-The Service is made available to Users;
-Users can access and use the Service.
ARTICLE 3 - DESCRIPTION OF THE SERVICE
The Service is a service to help the User to query the Site in order to find the possible qualification of a phone number. This qualification done by the users of the Orange Phone mobile application has three potential values: “malicious”, “telemarketing” and “approved”.
«Qualification of unknown numbers»: This feature allows the User to search for qualification about unknown numbers, based on users’ feedbacks. Qualification can be “Approved”, “Spam”, “Telemarketing”.
Depending on the location of the User, any or all of the above features may not be provided.
ARTICLE 4 - INTELLECTUAL PROPERTY RIGHTS
The Site (information, materials, communications, images, and sounds) and the Service (qualifications database) are provided by Orange, and/or Third Parties. Orange is the owner or the licensee of all intellectual property rights in the Site and the Service. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The contents of the Site and the Service cannot be copied, reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic or mechanical photocopying or recording without the prior express permission of Orange, its licensor Third Party, its designee or the copyright owner.
Any unauthorized use of the contents of the Site and/or the Service may be a breach of copyright laws or trademark laws.
Orange grants the User a non-exclusive, non-transferable, revocable, worldwide and non-sub-licensable right to access the Site and use the Service its own personal use only. This right to use is subject to compliance with these Terms.
In addition, the User shall not decompile, modify and / or disassemble the Site, practicing reverse engineering or attempt to discover or reconstruct the source code, in any way and / or access or attempt to access the qualification or Third-Party database.
ARTICLE 5 - RESPONSIBILITY AND GUARANTEES OF ORANGE
The Site and the Service are provided as a convenience to the Users. The Site and the Service are provided on an “as is” and “as available” basis. Orange does not guarantee that the Site will be uninterrupted or error-free or that the qualifications will be accurate, true, correct or error free.
The qualifications are generated by the users of the Orange Phone mobile application and as such Orange has no prior control over them.
Orange reserves the right, at any time and at its own discretion, to revise the Site’s pages or withdraw access to the Site or the Service or any part of them.
No warranty of any kind, express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability or content of the site and/or the service. Orange shall not be liable for any direct, indirect, special or consequential damages, lost profits or for business interruption arising out of the use of or inability to use the site and/or the service even if orange has been advised of the possibility of such damages.
Some jurisdictions do not allow exclusions of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of Orange would in such case be limited to the greatest extent permitted by law. Orange will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect User’s computer equipment, computer programs, data or other proprietary material due to Users access of the Site or the Service.
ARTICLE 6 - TERMINATION
ORANGE is free to terminate the Service at any time. In this case, ORANGE will display termination information on the Site before the Service is terminated.
ARTICLE 7 - PERSONAL DATA
Personal data processed while using the Service are processed by Orange, which is then data controller for this processing.
As part of the Service Orange carries out the following processing:
• The searched number is processed in order to provide the “qualification of unknown numbers” services only for the time during which these services are provided;
• Statistical data are collected anonymously to better understand the uses and continually improve the service.
The legal basis of this processing is the performance of the contract. For purposes related to service improvement, the legal basis of the processing is legitimate interest.
The recipients of the personal data processed are the Orange teams and Orange’s subcontractors and Partners in charge of the Service.
The data collected may be processed outside the European Union. In this case, Orange makes the necessary arrangements with its subcontractors and partners to ensure an adequate level of protection of your data in full compliance with applicable regulations.
If the respective subcontractors and partners are not members of the Privacy Shield agreement with respect to transfers to the United States of America, or are not located in a country with legislation considered as offering protection they will then have signed the “standard contractual clauses” of the European Commission or will be subject to binding internal rules approved by the authorities.
In France, any consumer may register for free on an opposition list called “Bloctel” in order to no longer be solicited by a professional with whom he has no current contractual relationship. The consumer can register on the site www.bloctel.gouv.fr.
The processing of the User’s data is in compliance with ORANGE’s Charter on the Protection of Personal Data and Privacy. For the French territory, it is available from the following web address: https://c.orange.fr/pages-juridiques/donnees-personnelles.html
ARTICLE 8 – APPLICABLE LAW - GENERAL PROVISIONS
If one or more provisions of this contract are found invalid or are declared as such by law or regulation or as a result of a court ruling issued by a relevant court authority, the other provisions shall remain fully in force.
Provisions declared null and invalid shall then be replaced by provisions as close as possible to the content of the provisions originally agreed upon.
ORANGE and the User will not be held responsible or considered as having breached these Terms in the event of any delay or failure to perform if the cause of the delay or failure to perform is due to a force majeure event as defined by the case law of French courts.
Unless otherwise provided by the applicable law, the Terms between Users and ORANGE are subject to French law.
Any dispute or claim under these Terms between Users and ORANGE, or breach, termination or invalidity hereof, shall be brought exclusively to courts of Paris.