T&C application

Credits

The Application is an original intellectual creation which is protected by copyright. The content of the Application is also protected by intellectual and/or industrial property rights. The overall structure, texts, photographs, images and sounds which comprise the Application are the property of the Prince’s Government of Monaco or of third parties duly credited as owners. Any reproduction, whether in whole or in part, and any depiction of the content of the Application and of one or more of its components, by any process, without the express authorisation of the Prince’s Government of Monaco is prohibited and constitutes an infringement.

Legal notices

PUBLISHER

Direction des Services Numériques (« D.S.N. »)
2, rue du Gabian
Immeuble « Les industries »
98000 MONACO

DIRECTOR OF PUBLICATION

Director of Digital Services         

CONTACT

Telephone: (+377) 98 98 93 85

Email address: yourmonaco@gouv.mc

HOSTING

Direction des Systèmes d’Information

Terms and Conditions of Use

The purpose of these Terms and Conditions of Use is to set out the procedures for using and browsing the Your Monaco application.

These Terms and Conditions of Use shall apply once the User has accepted them after scrolling fully through the document on first using the Application.

By continuing to use this Application, each User is assumed to have read, understood and accepted these Terms and Conditions.

The version of the Terms and Conditions currently available on the Application from the Terms and Conditions of Use tab in the Settings menu is the only version which applies and which is binding on Users, until it is replaced by a new version. The Government reserves the right to change these Terms and Conditions at any time. These Terms and Conditions shall enter into force as soon as they are published.

Users are therefore advised to refer regularly to the latest version of the Terms and Conditions accessible via the Application in order to stay informed of the latest version of the document.

Forbearance in enforcing the provisions of the Terms and Conditions of Use may not under any circumstances be considered as the Government relinquishing its right to avail itself of them at a later date.

In the event that any of the provisions in these Terms of Use is or becomes invalid in light of a current or future provision of the law, such provisions shall be deemed unwritten without affecting the validity of the other stipulations herein.

  1. Definitions

The following words and phrases, beginning with a capital letter, whether used in the singular or plural, are employed herein with the meanings specified below:

  • “Government” means the Prince’s Government of Monaco and/or the Digital Services Department;
  • “Terms and Conditions of Use” or “Terms and Conditions” means this document;
  • “Data of a Personal Nature” / “Personal Data” / “Personal Information” – any information relating to an identified or identifiable individual (“person concerned”) means data belonging to an identifiable individual, i.e. an individual who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual;
  • “Functions” means the functions of the Application that allow Users to access the services made available by the Digital Services Department;
  • “Data Controller” means the individual or legal entity, under private or public law, the public authority, the service or any other body which determines, alone or together with others, the purpose and means of processing, and decides on its implementation;
  • “Application” means this Your Monaco application, which can be downloaded from Apple’s App Store and Google Play;
  • “Services” mean the actionable information made available to Users;
  • “User” means any individual using the Application.

2. Purpose of the Application

The purpose of these Terms and Conditions is to set out the conditions and procedures for using the Application provided by the Digital Services Department. The Application allows Users to access the Functions and useful information relating to quality of life in the Principality of Monaco.

3. Application Access and Functions

A/ Access

The means of accessing and downloading the Application are strictly personal and confidential.

With the exception of any connection fees, access to the Application is free. Any internet connection costs are the responsibility of the User and shall not under any circumstances be reimbursed by the Government.

The Government may not be held liable for poor functioning of the Application and any consequences thereof that result from a malfunction or limited or degraded internet access.

B/ Functions

General Functions

The Your Monaco Application is configured to have a single user profile by default.

The Functions allow the User to access the following services:

  • Useful locations (cultural venues, public services, etc.);
  • Event calendar;
  • Traffic info (journey times, incident alerts, etc.);
  • Soft mobility (bike, bus, train, etc.);
  • Environmental indicators (air quality, weather, etc.);
  • Information (news, articles, etc.);
  • Civic engagement/“Speak out” (comments, ideas, polls, etc.);
  • Opening hours for establishments open to the public (libraries, swimming pools, etc.);
  • Early childhood (information about schools, school meals, etc.);
  • Useful applications (links to other websites and online services provided by the Prince’s Government of Monaco);
  • A tutorial on how to use the Application.

Civic Engagement/”Speak out” module

As part of the Civic Engagement Function, Users can make comments, submit ideas and take part in polls if they wish to do so.

To do this, Users will be invited to complete an anonymous online form. The Application will use a unique identifier on the User’s phone to enable the User to access the results of their polls and to track any comments and ideas submitted.

All correspondence with the Government must be courteous and observe the basic rules of civility.

The following are prohibited: transmission of content intended to persecute, harass, bully, defame, discriminate or insult, and the transmission of any other information or opinions of a personal nature concerning one or more individuals which infringe human rights or contravene moral standards.

In the event that these rules of good conduct are violated, the Government reserves the right to block Users from accessing these Civic Engagement Functions for a period that it shall determine. The Government may also, if necessary, take legal action against the User concerned. Users will not be able to submit new comments or ideas during the period for which they are blocked.

Geolocation

Users should note that when using the Application, geolocation technologies may be activated by the Application to locate Users in relation to places of interest in the Principality of Monaco (cultural venues, public services, locations facilitating mobility, establishments open to the public, and so on).

Geolocation can be activated on first use of the Application. Subsequently, this Function can be activated or disactivated in the User’s phone settings.

When using geolocation, peripheral functions are used. Any geolocation errors that occur may not be attributed to Your Monaco.

Notifications

Events may give rise to notifications being sent to the User within the Application and outside the Application for:

  • Information of public interest that affects all Users;
  • Information relating to Functions of interest to individual Users, to which they have subscribed by adding these Functions to their personal dashboard.

The Notifications Function can be activated on first use of Your Monaco.

Following first use of the Application, notifications can be activated or deactivated in the Notifications section of the Settings menu on the Application, and in the User’s telephone settings.

4. Obligations and responsibilities

4.1 Obligations

Users agree not to commit any illegal or fraudulent acts.

Acts detrimental to the name and/or image of the State of Monaco, or which may damage, overload, discredit, disable or cause the failure of the Application, are strictly prohibited by these Terms and Conditions of Use.

4.2 Responsibilities

The Application must not be used in an abusive or malicious way. The Government shall not be held liable towards the User for damage of any kind, direct or indirect, resulting from use of the Application or from the unavailability of the Application.

Generally speaking, Users undertake to use the Application:

  • In accordance with Monegasque laws and regulations, the rights of third parties, and intellectual property rights;
  • Fairly and in accordance with its intended purpose;
  • At their own risk.

Users acknowledge and accept that, with regard to the Application, the Government may not be held liable in the event of hacking, alteration or misuse of data or the network, or any use by a third party that is unlawful or harmful to a User or to a third party.

The Government shall endeavour to ensure that the information published on this Application remains accurate and up-to-date, but accepts no responsibility for any use made of erroneous or outdated information.

The Government does not guarantee the continuity, accessibility or availability of the operation of the Application and the associated services.

Users of the Application are required to comply with these Terms and Conditions of Use and are prohibited from using or attempting to use the Application and its Functions for any purpose other than those provided for under these Terms and Conditions.

5. Security

The Application requires a sufficiently fast internet connection and equipment and resources enabling Users to access and browse the Application.

Users are aware of the risks associated with using the internet and accept the corresponding limitations and risks.

The Government makes every effort to secure the Application with regard to the risks involved and the nature of the data which is processed.

Users are prohibited from fraudulently accessing or continuing to visit all or part of the Application, deleting or changing the information featured on the Application, fraudulently adding information, altering the Application, or interfering with its proper functioning.

Users shall not attempt to make changes to or manipulate the pages of the Application in such a way as to conceal, hijack or modify the latter.

It is strictly prohibited to: (i) reproduce, modify, adapt or alter the Application and/or its contents; (ii) access or seek to access the Application’s source code using decompilation, reverse engineering or any other technique or method; (iii) make accessible or send parts of the Application or content to which access is restricted to third parties; (iv) use the Application for an unlawful purpose, to which end Users undertake not to include any false, incomplete or inaccurate information, or any virus, Trojan horse, worm, time bomb or any other program designed to damage, produce a harmful effect, intercept or block any system, data or personal information.

Where necessary, Users must have a secure connection or network, an antivirus system and an up-to-date operating system to protect the Government, as far as possible, from any damage relating to insecure use of the Application. Users shall take all appropriate measures to protect their data and equipment, and they are responsible for the security of their data and network, which they use at their own risk.

Users who may become aware of an event that could damage the security of the Application, such as an error, fault, malfunction, hacking, loss of data, vulnerability or irregularity, are invited to get in touch with the Government immediately by emailing: dsn@gouv.mc

6. Intellectual property

These Terms and Conditions of Use do not imply any transfer of intellectual property rights to the User.

6.1 Copyright

All of the rights associated with any content published on this Application are the exclusive property of the Government, except where it is explicitly indicated that the rights belong to a third party. This includes, but is not limited to, all texts, comments, titles, names, photographs, sounds, images, data, drawings, animated sequences with or without sound, videos, functions and charts, which are protected by the legislation on copyright protection in force in Monaco.

Any use, representation, transformation, reproduction, adaptation or dissemination, in whole or in part, of any element or content from this Application on any media and via any procedure is prohibited and constitutes a criminal offence punishable by the Monaco courts, unless express permission is obtained from the Government.

6.2 Trademarks

Trademarks and/or logos owned by the Government and appearing on this Application are protected trademarks under the statutory provisions applicable in Monaco. Any reproduction of these trademarks and/or logos, in whole or in part, without the permission of the Government, is a criminal offence punishable by the Monaco courts.

7. Protection of personal data

As indicated on https://yourmonaco.mc/privacy-policy and in accordance with the relevant legislation on protecting Data of a Personal Nature in the Principality of Monaco, information gathered using the Application is collected by the State of Monaco/Digital Services Department, acting in its capacity as the Data Controller for the purpose of “Managing the Your Monaco mobile application”.

Data processing enables the following Functions:

  • Allowing Users to create a personalised dashboard by marking services and information as favourites;
  • Enabling access to live transport information (buses, electric vehicle charging points, car parks, Monabike, trains, traffic info) and environmental information (weather);
  • Enabling access to dynamic information about the environment (air quality, pollen) and establishments open to the public (opening hours, film releases, school canteen menus);
  • Enabling Users to receive automated or manual in-app and push notifications;
  • Enabling access to news and articles from the Prince’s Government and its partners;
  • Enabling access to the calendar of events in the Principality;
  • Enabling access to a map showing all points of interest in the Principality;
  • Enabling Users to submit information to the Government (comments, ideas, poll responses) and track their submissions;
  • Bringing together all useful websites and applications made available by the Prince’s Government;
  • Producing anonymous statistics relating to use of the Application.

Processing is justified on public interest grounds, including to allow the Digital Services Department to promote and share information; to manage projects relating to the development of digital services in the fields of the smart city, e-health and social services, e-education and the digital economy, in partnership with the relevant departments and, through them, public service concession holders, or to build and lead an ecosystem of technology partners on behalf of the Government with a focus on e-government, online services, the smart city, e-health and social services, e-education and the digital economy, in accordance with the remit entrusted to it in Sovereign Ordinance No. 7.995, dated 12 March 2020.

When you use the Your Monaco Application, only your unique telephone identifier (IMEI) is collected to enable you to use the “Speak out” module (for comments and ideas).

The information shared via the “Speak out” module (description of idea, location and type of comment, photos or videos) are sent to the Urban Report solution via a pseudonymised technical identifier relating to you for the purpose of enabling accredited staff within the departments of the Prince’s Government to collect your feedback and process it effectively.

The Urban Report solution is a form of processing carried out by the Digital Services Department for the purpose of “Enabling Government staff to manage user feedback submitted via the Your Monaco application”.

Information processed as part of the Your Monaco Application’s Functions is intended solely for accredited Government staff and accredited staff working for the Application developer as part of their role in maintaining and upgrading the Application. The information is never shared for commercial or advertising purposes.

The information collected as part of the Application is required in order to access the Application’s Services.

In accordance with the applicable legislation on protecting Personal Data, Users have a right to access personal data relating to them, a right to object, where appropriate, and the right to request that inaccurate, incomplete or outdated data is corrected, updated or removed.

To exercise these rights or for any questions about the processing of their Personal Data as part of the Application, Users may submit a written request by email to mesdonnees@gouv.mc or by post to Digital Transition Office – Protection of Personal Data – 2 Rue du Gabian – Les Industries building – 5th Floor – 98000 MONACO, stating the subject of their request and their full name.

Users can also contact the Government here.

To ensure that the response remains confidential and that we are replying only to the person whose data is involved, those submitting requests may be asked to provide proof of their identity, in black and white.

Individuals who have exercised their rights but feel, after contacting the Government, that their rights have not been respected, can submit a complaint to the Data Protection Authority of Monaco: www.ccin.mc.

8. Use of the “Speak out” function

The Application allows Users to submit feedback (comments, ideas, polls) to the Government.

Users have access to a free comments box and can add a photo and/or a video when submitting feedback.

Users bear sole responsibility for any content that they wish to submit to the Government using the Application.

The Functions available to Users through the Application to submit feedback are not intended to collect Data of a Personal Nature. Users should therefore ensure that the content they submit does not contain any Data of a Personal Nature.

Users guarantee to the Government that any content they may wish to submit complies with all applicable laws, regulations and practices, and does not violate the rights of third parties.

As part of following up any feedback submitted via the Application, the Government reserves the right to delete any content which violates these Terms and Conditions of Use and, if necessary, to take legal action against the User concerned.

9. Hyperlinks

The creation of hyperlinks to this Application does not require prior authorisation from the Government, and is permitted for any media, with the exception of those disseminating information of a controversial, pornographic or xenophobic nature, or which may cause wider offence. The State of Monaco should be clearly mentioned in the link. The Government reserves the right to request removal of all existing links which contravene the Application’s purpose.

The Government’s Application may contain hyperlinks to external websites or applications. The Government does not control these websites or applications and may not under any circumstances be held liable in any way for the content published on these external websites and applications.

The Government may not be held responsible for any damage or losses that may result from or be connected with the use of these external websites and applications. Users of the Application bear full responsibility for and assume the risks of using these external websites and applications. The Government may not be held liable in any way.

All Users are invited to contact the Government by email (dsn@gouv.mc) if they encounter a link which does not work.

10. Competent jurisdiction

In the event of a dispute relating to the interpretation, formation and validity of execution of the Terms and Conditions, or use of the Application more widely, the Government and Users expressly acknowledge that only Monegasque legislation and regulations are applicable.

If an amicable settlement cannot be reached, any disputes relating to the validity, interpretation or execution of these Terms and Conditions shall be referred to the competent courts in the Principality of Monaco.