Orange API Specific Terms for Data Share API
Service Provider: Orange SA, with registered address located at 78, rue Olivier de Serres, 75015 Paris, France (VAT registered: FR 89 380 129 866) (“Orange”)
Version number: 1.0
Date: September 21, 2016
1. DATA SHARE API PUBLIC DESCRIPTION
Orange has developed a platform allowing the End Users to store and share the data they generated through connected objects and services (the “Data Share Service”).
Data Share API gives You an access to a storage database where You can access the data stored by End Users through Data Share Service. For the purposes of these Specific Terms, the API Client will have the meaning as set forth in section 1 of the Orange APIs General Terms and, in addition, will include any kind of connected objects.
Data Share API Public Beta Version provides You with capabilities that are described on Data Share presentation page, here.
Data Share API is provided by Orange as a freemium service based on the number of hits (a Hit being any connection made through the Data Share API). Commercial offers will be published on the Data Share Portal.
3. CONTRACTUAL DOCUMENTS
The Terms, as defined in section 1 of the Orange APIs General Terms, consist of (i) such Orange APIs General Terms and (ii) these Orange API Specific Terms for Data Share API. In case of any discrepancy between the Orange APIs General Terms and these Orange API Specific Terms for Data Share API, the latter shall prevail.
4. SPECIFIC CONDITIONS OF DATA SHARE API
4.1. Service Availability. Orange will use its best efforts to provide Data Share API with reasonable care and skill. The Data Share API is provided “as is” with no warranties, expressed or implied, including, but not limited to, the implied warranties of availability, performance, storage capacity, merchantability and fitness for a particular purpose and/or non-infringement.
You acknowledge and agree that Your access and use of the Data Share API might be subject to third party terms and conditions from connected devices manufacturers.
In addition, Orange informs You that Data Share API may be subject to (i) suspension at any time for technical or operational reasons (in particular but not limited to maintenance operation) or (ii) removal for indefinite periods of time for any reasons or events that are not under the direct or indirect control of Orange.
4.2. Technical prerequisite with respect to End-Users. To use Data Share API, End-Users shall have access to the internet or mobile network in order to use the Data Share Service. You are informed that End-Users must have all necessary equipment, including a computer, an autonomous connected object or a smartphone, a modem or any other connection tool to enable them to be connected to the internet or mobile network in order to send their data to the Datashare Service.
4.3. Data Share API main features. With Data Share API, depending on the capacity of End User data source or connected device, You can monitor, access analyze, different data streams generated and stored by End User through Data Share Service.
Data Share API is provided by Orange under the conditions described mainly in this section. Orange has the right, at its own discretion, to change the features and capabilities of Data Share API, on the basis of new conditions that will be published, when available, on the pages dedicated to Data Share API on Orange Developer website (http://developer.orange.com).
4.4. Grant of Rights to Use API. Orange retains all right, title and interest in and to Intellectual Property Rights related to Data Share API and You are granted a limited right to use the Data Share API under section 3 of the Orange APIs General Terms.
4.5. Existing contractual relationship with End Users. You warrant that prior entering to the Orange APIs General and Specific terms you have entered into an agreement with the End User for the provision of a service that request access to the End User data.
You represent and warrant that Your API Client does not to infringe with any such third party terms and conditions. You shall indemnify and hold Orange harmless against any and all claims, suits, losses, damages arising from or attributable to Your violation or infringement of any such third party terms and conditions.
4.7. Feedback. You agree to provide Orange with Feedback, as defined in the paragraph below, with respect to the use of the Data Share.
You acknowledge that any remarks, suggestions, proposals for improvement, comments, ideas or any other information provided by You to Orange in the course of the use of Data Share API (the “Feedback”) are not and will not be considered as confidential to Orange that may use such Feedback for its own needs. As such, You grant to Orange a right to use, modify and freely exploit the Feedback for any territory and for an indefinite period.
4.8. Clear Information of End-Users. You undertake to clearly inform End-Users of the operations performed by your API Client to the End Users data. Every access to End Users data must be consecutive to a request from the End-User and not performed without his/her consent.
4.9. Personal Data
In case of the data You store includes personal data related to your End-Users, You undertake, in addition to article 8.2 and 8.3 of Orange APIs General Terms, to collect and process such personal data in compliance with any current regulation applicable to the processing of such data, and in particular with (i) the French Law on personal data n. 78-17 dated on January, the 6th 1978 as amended, (ii) Directive 95/46/EC on Data Protection and (iii) Directive 2002/58/EC on Privacy and Electronic Communications as amended by Directive 2009/136/EC. In accordance with such French law on personal data, You are the data controller for the processing of the personal data of your End-Users.
Your End-Users, who are subject of a processing of personal data, shall be informed of specific conditions of service availability on a beta version. You represent and warrant that You have obtained full and prior express consent from End-Users in order to fairly and lawfully collect, process their personal data through your API Client, store such data on the Data Share platform and, if relevant and authorized, communicate such data to third parties. You undertake to make available to End-Users, who have agreed to send You their personal data,(i) any and all evidences to enable them to claim their rights (notably under the 1978 French law, as amended, to access, modify and delete the data related to them) and (ii) the terms of changing their consent for the collection and analysis by You of their personal data.
Orange will immediately delete from Data Share platform any End-User’s personal data, when such End-User chooses not to allow You to any longer access its personal data through the Data Share Service.
For further information on personal data protection please contact us: firstname.lastname@example.org
4.10. Security. You represent and warrant that You implement appropriate technical and organizational measures to protect the data that are collected through your API Client. You should provide simple tools to notify your End-Users and to update devices when security vulnerabilities are discovered.
Orange will have the right to perform audits and inspections of Your platform (if any) to verify the integrity of End Users data and examine the systems (including architecture and infrastructure), process (including, application maintenance and support, data archiving), procedures that process, store, support and transmit that data, and the process that impact on the integrity of such End Users data.
4.11. Representation. You further represent and warrant to Orange that You are solely responsible for Your use of the End Users data streams in the Data Share back-office tool and that any analyses or comparison shall not be illegal or infringe any third party rights.
5. ORANGE BRANDS, DESIGN RULES AND GRAPHIC RESOURCES
The ORANGE brand and any trademarks, brands or logos owned by Orange (the “Brands”) are subject to exclusive rights and You are granted a limited right to use the Brands under section 13 of the Orange APIs General Terms. When Orange makes available, on Orange Developer website (developer.orange.com), (i) some rules with regard to, with no limitation, design, use of the Brands, (the “Design Rules”) and (ii) some graphic resources (such as buttons, error messages, the Brands) (the “Graphic Resources”), You undertake to fully comply with such Design Rules and Graphic Resources.
Any non-compliance with section 13 of the Orange APIs General Terms, the Design Rules and/or the Graphic Resources may constitute a material breach of these Specific Terms. Therefore, Orange may either suspend these Specific Terms until You fully comply with the Design Rules and the Graphic Resources, or terminate these Specific Terms if You do not fully comply with the Design Rules and the Graphic Resources within a reasonable time.
6. CONDITIONS OF WITHDRAWAL OF DATA SHARE API PUBLIC BETA VERSION
Notwithstanding section 9 of the Orange APIs General Terms, Orange will inform You of the termination of Data Share API one-month in advance of the date of the termination.