General Conditions of use for the "Orange Radio" Service

All countries, excluding France

The Orange Radio service (including the Orange Radio Internet site and mobile device applications) (together the "Service") is owned or managed by GIE Orange Portails. ("Orange") registered with French law, having its head office at 111, quai du Président Roosevelt, 92130 Issy-les-Moulineaux, France but domiciled for the purposes of this definition at 1, avenue Nelson Mandela, 94745 ARCUEIL.

Orange provides the Service for your personal non-commercial use only and subject to your compliance with these General Conditions of Use (the "GCU").Please read this GCU carefully before using the Service. If you do not accept to use the Service in compliance with these GCU and in accordance with the use for which it is intended, you must immediately stop using the Service.You may be hereinafter designated as the “User”.

These GCU are not applicable to the Service delivered in France. Specific GCU apply to French territory.
These GCU also exist in French language for Users outside of France. In case of contradiction between this English Version of the GCU and the French Version of the GCU for Users outside of France, the French version of the GCU for Users outside of France shall prevail.

  1. Description of the Service

  2. The Service is accessible via the Orange Radio Internet site and via the Orange Radio mobile applications. It provides direct, on demand access to different third-party radio stations and allows you to listen programs broadcasted by the radio stations free of charge. The use of the Service is free of charge, but it does not include Internet connection fees, which remain at your expense. The Internet connection costs depend on the electronic communication offer to which you have subscribed separately.

    Most functions of the Service are available to all users. However, certain functions of the Service may require you to have an account with a third party service.

  3. Access to the Service

  4. Use of the Service requires you to have a computer, tablet, mobile device or any other terminal device ("Device") and an access to the Internet. Occasional upgrades may also be required on your Device. Your access to the Service may be altered by the performance of any of these elements. Orange shall have no responsibility for any difficulty or impossibility you may encounter to access the Service.

  5. User Commitments

  6. In accessing and using the Service, you agree that you will:
    • use the Service faithfully and, in all circumstances, in compliance with the applicable legal and regulatory provisions,
    • use the Service, and any content accessible via the Service, strictly for your personal and non-commercial use, not for profit (whether direct or indirect ), and in compliance with these GCU, the Intellectual Property laws, and more generally, any applicable legal and regulatory provision, and
    • ensure that the Service is compatible with your Device.

    The User shall not:
    • reproduce the Service and/or any of content accessed via the Service, in whole or in part, or capture Service or content streams via the Service, or
    • reproduce or distribute any element of the Application.

    The User is solely responsible for:
    • its use of the Service and of any content accessed via the Service
    • the hardware and software necessary to run the Service and access any content, including the contamination of software by a virus, and
    • any breach of these GCU
  7. Privacy and Data Protection Policy

  8. As part of its activities and in accordance with the legislation in force in France and Europe, Orange undertakes to ensure the protection, confidentiality and security of the personal data of the User, as well as to respect its privacy.

    This Policy informs you about how Orange, its subcontractors and potential partners may process your personal data.

    Why does Orange process your data?

    Orange only processes personal data for specified, explicit and legitimate purposes. No authentication is required to use this Service.
    Orange processes your data on the basis of legitimate interest, in order to respond to Users' requests on the service.
    In addition, certain specific data processing may, as necessary, be subject to your prior consent, which you will have the right to withdraw at any time. This may be the case for some specific audience measurements or usage analyses.
    Finally, Orange may also be required to process your data to meet its legal or regulatory obligations

    Which data are processed?

    Orange processes your personal data, collected directly from you, as part of a request made via the "Other question" or "Suggest a radio" sections of the website or application of the Service:
    • contact data: email
    • other data, depending on the content of the User's message
    For audience measurement and usage analysis, Orange also processes the following data:
    • connection and usage data of the Services

    For how long is your data being stored ?

    Your personal data is kept for the time necessary to achieve the purposes mentioned above:
    • For the purpose of responding to User requests: 3 months
    • For the purpose of audience measurement and usage analysis: see the table of cookies below

    Who are the recipients of your data?

    The data collected is intended for the internal services of Orange and its subcontractors. The processed data may also be transmitted to the competent authorities, at their request, in the context of legal proceedings, in the context of judicial investigations and requests for information from the authorities or in order to comply with other legal obligations.

    Which data is processed outside the European Union?

    The data collected may not be processed outside the European Union.

    Cookies

    Technical Cookies:
    They allow the management of the User's session in order to identify him on the platform, as well as the management of the display of the portal in different languages for users of the Service who are not authenticated.

    Analytics Cookies:
    They allow us to monitor the performance of our websites and applications and to have statistics of audiences using our services (e.g. number of visits, pages viewed, time spent on the site, region of connection, type of device used...). The data collected for statistical purposes are subject to anonymized processing for audience measurements only.

    Cookies Table:
    technical Cookies name Partner Thematic Finality of treatment and comment Life time
    _GRECAPTCHA Google Google grecaptcha Cannot be removed as it is part of grecaptcha component. To remove it, the whole component should be removed 6 months
    Doubleclick.net (DSID)) Google Google analytics They are related to google analytics Ads and remarketing features and They can be blocked by disabling “Data Collection” features (which include Ads and marketing features) in google analytics through the admin portal an 6 months
    Doubleclick.net (IDE) Google Google analytics 6 months
    Doubleclick.net (RUL) Google Google analytics 6 months
    technical Cookies name Partner Thematic Finality of treatment and comment Life time
    _GRECAPTCHA Google Google grecaptcha Cannot be removed as it is part of grecaptcha component. To remove it, the whole component should be removed 6 months
    Doubleclick.net (DSID)) Google Google analytics They are related to google analytics Ads and remarketing features and They can be blocked by disabling “Data Collection” features (which include Ads and marketing features) in google analytics through the admin portal an 6 months
    Doubleclick.net (IDE) Google Google analytics 6 months
    Doubleclick.net (RUL) Google Google analytics 6 months

    What are your rights?

    You have the right to access, rectify and delete data concerning you. You can request the portability of your personal data. You also have the right to object to the processing carried out or to request its limitation.
    You can issue instructions on the retention, deletion or disclosure of your personal data after your death.

    How to exercise your rights?

    You may at any time withdraw your consent to audience measurements and usage analysis, as indicated in the Application.

    You can exercise your rights at any time by using the contact form available online.

    If you have not received a satisfactory response, you can contact the Data Protection Officer at the addresses below:
    Orange SA
    A l’attention du Délégué à la Protection des Données
    111, quai du Président Roosevelt
    CS 70222
    92449 ISSY LES MOULINEAUX CEDEX
    FRANCE

    Possibility to seize the CNIL

    If your exchanges with Orange have not been satisfactory, you have the possibility to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), the supervisory authority in charge of compliance with personal data obligations in France.

    How is your data secured?

    Orange ensures that your data is treated securely and confidentially, including when certain operations are carried out by subcontractors. To this end, appropriate technical and organizational measures are put in place to prevent the loss, misuse, alteration and deletion of your personal data. These measures are adapted according to the level of sensitivity of the data processed and according to the level of risk presented by the processing or its implementation.

    Changes to the Data Protection Policy

    Orange may change this Personal Data Policy. The User will be informed as appropriate.

  9. Fees

  10. Except where otherwise provided, access to and use of the Service is currently available without charge. Orange reserves the right to charge a fee for access to or use of the Service at any time in the future. If Orange decides to make the Service accessible against the payment of a fee, you will be notified reasonably in advance so you can either stop using the Service or pay the required fee.

  11. Modification/Termination of the Service by Orange

  12. As long as the Service is free of charge, Orange reserves the right to modify, suspend, or terminate the Service and/or any portion of it.

    In case the Service becomes available against payment of a fee, you will be notified the new conditions of use, which you will be free to accept or not.

  13. Links

  14. The Service contains links to third party radio stations and websites, applications or other services operated by third parties, such as Deezer (the "Linked Sites"). Insofar as the Service is free of charge, Orange does not monitor nor control the Linked Sites and makes no representations regarding, and is not liable or responsible for, the accuracy, completeness, timeliness, reliability or availability of any of the content uploaded, displayed, or distributed, or of products or services available at the Linked Sites. If you choose to access any radio station (including any Linked Site) and/or use your account with a third party service in connection with the Service, your access and use of any Linked Site is subject to its own terms of use and privacy policy, which we invite you to review. By providing you with access to the Service, Orange does not endorse, sponsor, or recommend any third party radio station nor any of the content, products, or services contained on, or available through, the Linked Sites.

  15. Authorized Usage

  16. The Service facilitates your access to radio websites that broadcast works protected by copyright and intellectual property laws. This Service does not confer any title or property rights, these remaining reserved to their authors and assignees.

    Orange is the owner of the Service, as well as all software, interfaces, designs, technologies, Orange logos that compose it, and all their improvements and updates (whether carried out by Orange or not).

    Orange allow you to access the third-party radios referenced in the Service by means of the Hypertext Links appearing on the Service, for a use consistent with that authorized by said radios. We remind you that your access to and use of any Linked Site is subject to such Linked Site's own terms of use.

    The User is authorized to benefit from the Service for private use only. It is prohibited from using it for professional, commercial or promotional purposes. The right to use the Service does not grant you any rights for any specific use of the content broadcasted by the radio stations that are referenced on the Service, other than those rights expressly granted under these GCU, and you acknowledge and agree that any contribution made by you in the form of ideas, reports, suggestions or other contributions will not give rise to any rights on the Service and/or the Linked Sites.

    You may not, in whole or in part, copy, reproduce, translate, extract, modify, create derivative products of any element composing the Service.

    Trademarks, service marks, product names, company names or logos appearing in the Service that are not the property of Orange may not be used without the express permission of their owners. You shall not establish a link under any website, whether by hyperlink or otherwise, to any page beyond the home page of the Service without the express written permission of Orange.

  17. Disclaimer of warranties

  18. To the fullest extent permissible under the applicable law, Orange makes no representation or warranty of any kind, including Orange does not warrant or make any representation that the Service will be uninterrupted or error free, that any defect will be corrected, that the Service is suitable for any purpose or that the Service is of satisfactory quality. Furthermore, Orange does not warrant or make any representation that the Services will be free of viruses or of any harmful component. The Service is provided to you on an “as is” and “as available” basis.

    Some jurisdictions may not allow the above disclaimer, exclusions or limitations of certain warranties, liabilities and damages. In such jurisdictions, Orange’s liability will be limited to the fullest extent permitted by law.

  19. General Provisions

  20. These GCU shall be governed by, construed and enforced in accordance with French Law, without regard to conflict of law principles.

    If any provision of the GCU is held to be invalid or unenforceable for any reason, that provision shall be deemed superseded by a valid provision that would correspond, as far as possible, to the original provision, and the remaining provisions of the GCU shall remain in full force and effect.

    The failure of User or of Orange to avail itself of the execution of any provision of the GCU shall not be interpreted as a waiver of its execution.

    Dispute resolution process:

    Orange and you will endeavor to settle amicably any dispute concerning the interpretation or execution of these GTC. Any complaint must be sent to the Orange Customer Service via the contact button at the bottom of the Service Site or Application. The complaint is processed within one (1) calendar month of its receipt.

    If the answer obtained does not satisfy you, you have the option to contact the following for the same claim: radio.orange@orange.com

    After exhaustion of internal amicable remedies, you are entitled to refer the matter to the electronic communications mediator by completing online the form made available on the website of the mediator (www.mediation-telecom.org) or provided by Customer Service upon request.

    Unless expressly provided otherwise, this GCU is the entire GCU between you and Orange with respect to the use of the Service.

  21. Changes to the GCU

  22. Orange reserves the right to change the Service and/or to modify these GCU. These changes will be effective as soon as they are notified to you on the Service’s website or Application.