Terms and conditions of use

1. Definitions

Is defined as :

• API (web): structured web interface for automatic interaction with an information system, usually including on-demand data retrieval.
• Administrative authorities: New Caledonia's public services and establishments; as well as any other public or private organization with a public service mission, and any local authority with an interest in the process.
• Public information: information contained in documents produced or received by administrative authorities, communicable to any person or having been the subject of public dissemination in accordance with articles L. 312-1 to L. 312-1-2 of the Code of relations between the public and the administration (hereinafter CRPA) and on which third parties do not hold intellectual property rights.
• Dataset: coherent set of resources or information (data files, explanation files, API, link…) and metadata (presentation, publication date, keywords, geographical/temporal coverage…), on a given theme.
• Reuse: use by any person (hereinafter Re-user) of published data for purposes other than those for which they were produced or received.
• User: any person accessing the Platform to consult or download content.

2. Object

The Platform enables :

• the publication by Administrative Authorities of public information whose publication is of public interest;
• the consultation and downloading of this data by any User, with a view to Reuse or not.

Use of the Platform is free of charge.

No prior registration is required to view or download content.

3. General rules

The Platform is not intended to disseminate advertising data, to promote private interests, to contravene public order or, more generally, to be unlawful.

The Government may, if necessary, without prior notice, remove or make impossible access to such data.

The government encourages administrative authorities to make the data they publish more reliable and to document it.

The Administrative Authorities update the databases they publish, in accordance with article L. 312-1-1 of the CRPA.

3.1 Personal data

Datasets containing personal data, i.e. data, including non-nominative data, allowing the re-identification of natural persons, may not be disseminated by the Platform, unless the persons concerned have given their consent or if a legislative provision so permits.

The Administrative Authority publishing the Dataset is responsible for the Datasets it publishes on the Platform and ensures that this publication complies with the legislation in force. It takes all necessary measures to this end, and the Government encourages it to mention the presence of personal data in the documentation accompanying the Dataset and to specify, where they exist, the legal restrictions on Re-use.

The Re-user of such data must comply with the legislation on the protection of personal data in force in its territory of residence and respect the relevant stipulations of the license attached to such data.

3.2 Data covered by intellectual property rights

When the Administrative Authority publishes a Dataset containing intellectual property rights which prevent Re-use, it mentions their presence in the documentation accompanying the Dataset. It indicates the identity of the natural or legal person holding these rights or, if this person is not known, the identity of the person from whom the information in question was obtained.

4. Platform commitments and responsibilities

4.1Quality of service and facilities offered

The Government strives to ensure the availability of the platform.

The Government proposes, at the option of the Administrative Authority, the publication of datasets via the platform’s web interface or through a programming interface (web API).

The Government provides access, at the User’s option, to the Datasets via the web interface or via a web A

The Government undertakes to take all appropriate precautions to preserve the integrity of the data sets made available, including preventing them from being distorted or damaged.

For the sole purpose of ensuring better information for the User, through better referencing, and without ever distorting its meaning, the Government reserves the right to modify the metadata associated with a Dataset.

The Government also reserves the right to change, modify or suspend the Platform without notice for maintenance purposes or any other reason deemed necessary.

The unavailability of the Platform does not entitle to any compensation.

4.2 Responsibilities of the government

The Government is responsible for the content it offers to animate the Platform.

The Government does not carry out a priori control on the publications of administrative authorities on the Platform. As soon as the Government becomes aware of illegal content, it will act promptly to remove such data or make access impossible. For this purpose, any User may report content that does not comply with these terms of use via the contact form or by e-mail to: opendata@gouv.nc. The Government reserves the right to remove or make inaccessible, without prior notice, contributions not related to the activity of the Platform, published for the purpose of hindering the proper functioning of the Platform, advertising or promotion, of propaganda or proselytism and any contribution contrary to the laws and regulations in force. The Government also reserves the right to refuse access to the platform to certain persons in case of violation of these terms of use.

4.3 Liability for public information and its reuse

The Data Sets are made available as produced by the Administrative Authorities without any express or tacit warranty other than those provided for in these general terms and conditions of use.

The Government does not warrant the absence of defects or errors, if any, contained in the Data Sets, nor the continued provision of the Data Sets.

The Government shall not be liable for any loss, injury or damage of any kind caused to third parties as a result of the Reuse.

The Reuser is solely responsible for the Reuse of data sets.

Reuse must not mislead third parties as to the content of the Datasets, their source and date of update.

5. Licences

The Administrative Authorities publish their Datasets under the license specified for each Dataset.

6. Content proposed by the Government

The content offered by the Government is under an Open License, with the exception of logos and iconographic and photographic representations which may be governed by their own licenses.

7. Use of contact address: opendata@gouv.nc

The contact address is used to contact the Platform and is not intended to receive requests relating to the individual situation of a user in his or her relations with an administrative authority.

8. Changes in conditions of use

The terms of these Terms of Use may be amended at any time, without notice, depending on changes made to the platform, changes in legislation or for any other reason deemed necessary.