General Terms and Conditions of Use
A.S.O. has developed the application called Marathon of Riyad (hereinafter the “App”), available on the Apple Store and Play Store, and hereinafter referred to as the “Connected App”. The aim of the application is to collate training and personal data from any person, who has registered or not to the Marathon of Riyad (hereinafter the “Event”) through their connected Devices in order to take part in challenges and share, where necessary, their profile with other Users of the Connected App.
In order to access to the App, Users have to create an Account by providing the following data : First name, name, email, password at the initial connexion, in order to log in.
The present Terms and Conditions of Use (TCU) aim to define the terms and conditions applicable when the Connected App is utilised by its users (hereinafter the “Users”).
A.S.O. may revise and update these TUC at any time; please check them regularly as use of the Connected App implies you have agreed to these changes. Any changes which we made apply immediately after notification, through any means including, but not limited to, publication of a revised version of these Terms and Conditions of Use on the Connected App. The date on which these Terms and Conditions of Use were revised can be found by checking the “Last update” at the top of these Terms and Conditions of Use.
- LEGAL INFORMATION
AMAURY SPORT ORGANISATION (A.S.O.)
Quai Ouest, 40-42 quai du point du Jour,
92100 BOULOGNE-BILLANCOURT - FRANCE
Intra-community VAT no. FR 16 383 160 348
French company registration number issued in Nanterre: .383 160 348
Capital: 61,200,240 euros
Tel. no.: +33 (0) 1 41 33 14 00
Director of the publication: Yann Le Moënner
157 boulevard Mac Donald,
75019 Paris, France
RCS Paris : 514 844 760
Capital : 68 200 euros
The following terms are defined as follows:
Connected Devices: refers to connected applications and/or watches for monitoring activity, particularly for cycling.
Account: refers to the dedicated User area on the Connected App. Users can access it and view their personal data and settings. Users connect to the App by creating an account at the initial connexion, by providing their name, first name, email address and password. Users can choose to configure their accounts so that they are public (visible to all Users) or private (only visible to Users who are “friends”).
Data: refers to any information relating to the User which is provided by the directly on the Connected App and/or collected through the User’s Connected Device. This data may also include physical data relating to the User’s sporting activity (e.g. distance, speed, pace, elevation gains, time, etc.).
Personal data: refers to any information enabling the User to be identified either directly or indirectly in the sense of French Law No. 78-17 of 6 January 1978 on Information Technology and Civil Liberties and the General Regulations about the protection of data.
User: refers to any natural person with an Account on the Connected App..
Event: refers to the 2022 annual of the Riyad Marathon.
Connected App: refers to the platform known as Riyad Marathon which is accessible on the Apple Store and Play Store.
Challenge: refers to the free operation proposed by A.S.O. with, where relevant, one of the Event partners, which consists of proposing Event training challenges to Users, in line with the procedures defined in the Challenges Rules. Users who succeed in the Challenge can win prizes in a prize draw.
- PARTICIPATION IN AND COMPLETION OF THE CHALLENGES
Throughout the preparatory period for the Event, challenges which may be sponsored by Event partners, will be at the disposal of Users in the “Challenges” tab of the Connected App.
By clicking on the Challenge, the User can access details about:
- The training conditions to be met to complete the Challenge; and
- a description of the prize that can be won by completing the Challenge.
To register for the Challenge, Users should click on the “Take Part” button available on the Challenge.
Users are instructed within the Connected App on how to connect their Connected Device, with a view to measuring their activity as part of their participation in a Challenge. This connection will enable the User’s training Data to be synchronised with the Connected App.
In order to be taken into account in the Challenge, Users’ runs must be:
- at least a kilometre long, including for Challenges which can be repeated;
- measured using the Connected Device sensors (a ride which is only reported by the User, but which is not measured by the Connected Device will not be taken into account).
Moreover, if the same ride is recorded by several Connected Devices, only the longest (in terms of length of time) will be taken into account.
Users who have met the conditions for completing a Challenge are then entered into a random draw to win the relevant prize(s).
Registration for a Challenge is free and reserved to adult Users.
By participating in a Challenge, Users agree that they have read the participation terms, the details of the Challenge and how to complete it.
Moreover, by registering for a Challenge, Users agree unreservedly to the Rules which are accessible below as well as on the Connected App.
As such, Users state that they are in the physical condition required to participate in the Challenge they have selected and take part under their own responsibility. The role of A.S.O. is confined to operating the Connected App, organising the Challenges, collecting and aggregating the Data required to take part in the Challenges, and enabling Data to be shared according to the sharing configuration defined by the User.
The role of A.S.O. is not, under any circumstances, that of a trainer with a view to the User taking part in the Event.
Apple is not a partner of the challenges proposed by the connected app.
- INTELLECTUAL PROPERTY
A.S.O. is the exclusive holder or beneficiary of all intellectual property rights relating to the Connected App, relating to all edited content (form and substance): logo, corporate identity and site plant, text, section headings, pages, scripts, icons, pictograms, photographs, videos, data, statistics and any other editorial content.
The User is prohibited from reproducing and/or using brands, logos or domain names appearing on the Connected App.
No element which is part of the Connected App (text, articles, photos, drawings, pictures, videos, data, statistics, etc.) may be copied, reproduced, modified, reissued, loaded, falsified, transmitted or distributed in any way whatsoever, in whatever form and by whatever medium, in part or in whole, without prior written consent from A.S.O., with the strict exception of use by the press, and then only on the condition that intellectual property rights and all other property rights indicated are respected.
Any representation of the Connected App, in full or in part and by whatever process, without A.S.O.’s express authorisation is prohibited and would be construed as a forgery which may incur the civil and criminal liability of its creator.
A.S.O. reserves the right to prosecute all acts of forgery that infringe upon its intellectual property rights.
Copying is only permitted for personal, private and non-commercial use.
Any reproduction of content is therefore, as a matter of principle, strictly prohibited without the express consent of its creator.
However, partial reproductions (the right to quote) may be tolerated provided the following text is included, clearly and visibly, on each page containing reproduced content: “This content was first published in the article “[replace with the title and web address of the source of the reproduced content]” [name of the application], and may have been changed on (the [add the date])” using the accessibility of the Connected App.
Users can access the Connected App via the download platforms referred to as “Apple Store” and “Play Store” and can download it onto their mobile phones.
In order to ensure the smooth operation of the Connected App, Users must download a connected sports app and/or have a connected training watch for cycling which is compatible with the Connected App.
The list of connected objects compatible with the Connected App is as follows:
- PERSONAL DATA
Generally speaking, Data communicated by the Users through the Connected App is destined for approved staff of A.S.O., which is the company responsible for processing this information. These Data may include Personal Data.
They may be communicated to service providers, suppliers and sub-contracts acting on behalf of A.S.O. (hereinafter Authorised Third Parties). The User accepts any communication by A.S.O. to Authorised Third Parties for the reasons set out below, as soon as they connect to their Connected App.
A.S.O. agrees to comply with the regulations in force regarding personal data protection.
Authorised Third Parties are contractually bound to comply with the regulations in force regarding personal data protection and must take all necessary security provisions to ensure the integrity and confidentiality of the Data.
International Data Transfer: Data is likely to be transferred outside the European Union.
Aim of data processing: The Data will be used by A.S.O. and/or any Authorised Third Parties chosen by A.S.O. to the following ends:
- Managing User access to the App,
- Monitoring their participation in Challenges.
- Sending their prizes to them when necessary.
- Statistical analysis and behavioural studies.
- Sales prospecting and sending A.S.O. special offers with the possibility of unsubscribing at any time in their “My Account” area,
- Sales prospecting and sending special offers from Challenge and Event partners for Users who have expressly given their permission to receive this type of offer from when registering for the Event.
All Users have the right to access, correct, remove and transfer all Data relating to them as well as to refuse sales prospection by A.S.O. and/or its commercial partners.
All Users also have the right to create specific or general directives about the retention, removal and communication of their Data after their death.
Each User can exercise all these rights by sending an email to firstname.lastname@example.org, or by post, accompanied by a copy of their signed identity document, addressed to:
Amaury Sport Organisation
DPO – Marathon of Riyad
40, Quai du point du jour
92658 Boulogne Billancourt, Cedex, France
The User concerned by telephone marketing, may also oppose the use of their telephone number by registering for free on the website www.bloctel.fr.
The User concerned by SMS marketing can also unsubscribe by sending “STOP SMS” to 36007.
The requests of Users will be taken into account within 48 (forty-eight) hours, except for requests sent by post, which require a period of 8 (eight) days.
Data retention period: Data collected through the Connected App is kept for three years from the end of the Event. At the end of this period, A.S.O. will definitively erase all Data remaining in its possession.
In addition, A.S.O. may not be held responsible for any malfunction in the network or servers or any other event reasonably outside its control, which may prevent or reduce access to the Connected App.
A.S.O. reserves the right to interrupt, temporarily suspend or modify without prior warning access to all or part of the Connected App, in order to carry out maintenance or for any other reason.
A.S.O. therefore cannot be held responsible for any damages, whatever their nature, caused by the Connected App being unavailable.
Users agree that they have been informed and accept the fact that A.S.O. may not, under any circumstances or in any form, be held responsible for the creation, deletion, failure to deliver or store digital data or personalised settings for Users, which are under Users’ entire and sole responsibility.
The User acknowledges that their use of the Connected App is at their own risk.
It is therefore the User’s responsibility to take all appropriate measures to protect their own data and/or software from infection by viruses that may be present on the Connected App.
The Connected App is provided on the basis of an “as is” service which is only accessible when it is available.
A.S.O. provides no explicit or implicit guarantees regarding, and this list is not exhaustive, the quality and compatibility of the Connected App for a specific use and the non-violation of user rights for the Connected App by the User.
Information transmission speed is specific to each network; under no circumstances can A.S.O. be held responsible.
A.S.O. cannot provide any guarantee as to the reliability of any of the information provided or other data present on the Connected App, whether they are provided by A.S.O., its partners and/or third parties.
As a result, all the information and other data included on the Connected App are provided for information purposes only and cannot be regarded, in any way, as constituting specific advice or assistance with deciding whether to carry out a transaction; accordingly, the User acknowledges that their use of this information and any other data available to them on the Connected App is at their own risk.
- WARNING - PARTICIPATION IN CHALLENGES
The User taking part in a challenge is responsible for taking necessary precautions in order to ensure they are in good health and are physically capable of taking part in the Challenges. To this end, the User accepts entire responsibility for consulting a doctor or healthcare professional before taking part in the Challenges proposed through the Connected App.
Generally speaking, the information contained on the Connected App does not constitute medical advice or training plans and may not, under any circumstances, be considered a substitute for a medical examination. The User taking part in a Challenge is responsible for consulting a doctor or competent healthcare professional if they wish to obtain a diagnosis, treatment or other recommendations relating to their health and physical ability to take part in the Challenges.
UNDER NO CIRCUMSTANCES WILL A.S.O. BE HELD RESPONSIBLE FOR DIRECT OR INDIRECT DAMAGES RESULTING FROM PARTICIPATION IN THE CHALLENGES.
- ACCOUNT CLOSURE
The User may close their User Account at any time by sending an express request to email@example.com Simply deleting the Connected App is not sufficient to delete the User Account.
- APPLICABLE LAW
The present TCU are governed by French law.
In the event of a dispute, you must seek an amicable solution before taking any legal action by bringing your complaint to the attention of A.S.O. in the form of a registered letter with acknowledgement of receipt, within ten (10) days of the dispute arising.