Introduction
The purpose of these Terms of Use is to specify the conditions of use and navigation relating to this online service.
Access to this online service implies that the user has accepted these general terms of use automatically and without reservation.
Housing Department reserves the right to amend these general terms of use at any time and without notice. Users are invited to consult these terms on a regular basis. These terms constitute the full set of agreements between the State of Monaco and the user for this online service.
Any change or additional content introduced to the personal account will be subject to these terms.
Definition and purpose of the online service
1.This online service, which is operated by the Housing Department, helps to simplify processing in order to make a declaration regarding a residential property covered by Act No. 887 to the aforementioned Department.
2.However, this online service does not allow you to make the following requests:
- How to make a declaration regarding a residential property covered by Act No. 887
3.In accordance with Article 46, of the Sovereign Ordinance no. 3.413 of 29 August 2011 concerning various measures pertaining to the relationship between the Government and its subjects, the introduction of this online service does not in any way replace the option for the user to make a request by post or by visiting the Housing Department.
4.This online service also enables users:
- To contact the Housing Department by email
- To reply anonymously, if so wished, to a survey on using this online service
Ownership of the online service
5.This online service is the exclusive property of the Prince’s Government (Housing Department).
Headquarter
Direction de l’Habitat - Secteur protégé
10 bis, quai Antoine 1er
BP 631
MC 98013 MONACO CEDEX
Téléphone : (+377) 98 98 80 08
Téléphone: (+377) 98 98 44 81
Hosting
Information Technologies Department
23, Avenue Albert II
BP 699
MC 98014 MONACO CEDEX
Decision to create online service
Decision of H.E. the Minister of State, dated 3 of May 2017 relating to the implementation, by the Housing Department, of the automated processing of personal information for the purpose of « Déclarer la vacance ou la location d’un logement du Secteur protégé », published in the Journal de Monaco on 12 of May 2017.
The use of this online service is optional
6. With the exception of any connection costs incurred, access to the content of this application is free. It is agreed that all access to the application is made available on a free or all-inclusive basis (Cable, ADSL, etc.) and therefore no refunds can be offered.
7. Use of the aforesaid online service shall be made following the authentication of the user via a personal account, which must be created if the user has no such account or if the user does not wish to use an existing account.
8. The Housing Department reserves the right, at any time, to change, and/or to temporarily or permanently suspend all or part of this online service, without notifying users in advance. The Housing Department incurs no liability as a result of such action.
9. The Housing Department reserves the right to remove, without warning or compensation of any kind, any access to the online service which constitutes unlawful use or an act which infringes human rights or more generally causes prejudice to the interests of third parties.
Personal account
10. During the account creation process, the user selects a user name and a password which will enable them to authenticate their identity.The user must retain their user name and password, which they will use to gain access to their personal account or to the online service(s) which use it.
11. The password must be selected by the user in such a way that it cannot be guessed by a third party. The user undertakes to keep their password secret.The password must be made up of between 8 and 20 characters, excluding special characters, and including at least one letter and one number
12. The creation of a personal account requires the user to enter certain information, including their title, name, first name, postal adress and email adress.
13. The user undertakes to advise the organisation hereinafter referred to as Department of e-Government and Public Information, as the administrator of the personal account, of any unlawful use of this information immediately; the DAEIU cannot be held responsible for any damage which may be caused by the use of the user name and password by an unlawful third party.
14. The user must provide a valid email address when creating an account. This address is required and is used to confirm operations carried out by the user.
15. The DAEIU reserves the right to remove, without warning or compensation of any kind, any account which constitutes unlawful or fraudulent use.
Access to online service
16. By accepting the General Terms of Use, the user agrees that the information given in his or her account – title, last name, first name, postal address and e-mail address - may be used in connection with this online service.
17. The user undertakes to advise the Housing Department of any unlawful use of this information immediately; the Housing Department cannot be held responsible for any damage which may be caused by the use of the user name and password by an unlawful third party.
Technical constraints
18. Use of the service requires an Internet connection and browser. The browser must be configured to allow session cookies. It must also be configured in order to give permission to open windows required for the "teleservice.gouv.mc" web site. The site is optimised for viewing with a screen resolution of 1024x768 pixels. To ensure that the application works properly, use of the following browser versions is recommended:
- Internet Explorer 10, or higher
- Last version of Firefox
- Last version of Chrome
Data retention
Personal account
19. Personal accounts which have not been used for more than 12 months will be automatically deleted. Users can also delete their accounts online at any time. In both cases, an email will warn the user that their account is being deleted. The account deletion process allows all of a user’s personal data to be completely erased within 10 days.
Data used in this online service
20. Personal accounts which have not been used for more than 12 months will be automatically deleted. Users can also delete their accounts online at any time. In both cases, an email will warn the user that their account is being deleted.The account deletion process allows all of a user’s personal data to be completely erased within 10 days.
Login data
21.Certain login data is retained in order to prevent intrusion, and for the purposes of legal proceedings should the need arise. This data is retained for three months.
Undertaking regarding the use of the online service and its content
22. The user undertakes not to commit, on this online service, any unlawful act or toinfringe human rights or more generally to cause prejudice to third party interests.These general terms of use prohibit any act which could tarnish the name and/or the image of the State of Monaco, or damage, overload, disable, discredit or compromise the online service.In particular, the following are prohibited: the transmission by email or any other means of content whose purpose is to persecute, harass, defame, discriminate or abuse; or any other dissemination of information or opinion of a personal nature relating to one or more individuals, or infringing human rights, or causing harm to minors.
23. Correspondence must be courteous in nature at all times and comply with the basic rules of politeness.
Responsibility
24. The Housing Department gives no guarantee, implicit or explicit, regarding the operation and/or the content of the online service.
25. The Housing Department reserves the right to develop, modify or suspend the online service, without warning, for maintenance or any other reason it deems necessary. Unavailability of the online service does not entitle users to any compensation.
26. The Housing Department cannot be held responsible for damage, direct or indirect, commercial or otherwise, which results from the use of the online service.
27. The Housing Department does not guarantee the continuity, accessibility or availability of the online service or related services.
28. The Housing Department accepts no responsibility for any viruses which may be imported during the process of downloading any of the elements of the application or from any sites which the Department may direct the user to via hypertext links.
29. These terms of use may also be amended at any time, without warning, in accordance with modifications made by the Housing Department, changes in legislation, or for any other reason deemed necessary. It is the responsibility of users to keep themselves informed of these terms. In accordance with Article 46 of the Sovereign Ordinance no. 3.413 of 29 August 2011 concerning various measures pertaining to the relationship between the Government and its subjects, the terms of use of the online service which are enforceable against the user are those which are accessible electronically on the day that the user uses the said online service.
Protection of personal data
30. In accordance with the provisions of Article 14 of the Act no. 1.165 of 23 December 1993 on personal data protection, personal data collection follows the following principles:
Purpose of processing data
31. In connection with the online service that enables to make a declaration regarding a residential property covered by Act No. 887 to the Housing Department uses personal information in order to:
- Write the declaration and send the lease to the user
- Enable users’ requests to be dealt with
- Ensure ease of login and navigation
Mandatory nature of information requested or gathered
32.The personal data collected via this online service is necessary, on the one hand, to use the application... and, on the other hand, to be able to respond to any request or inquiry from the user.
Identity of recipients
33. the Housing Department undertakes not to commercialise the information provided by users via the online service in any way, nor to communicate it to third parties, except in cases where this is required by law.
Rights of access and rectification
34. In accordance with the provisions of Article 14 of the Act no. 1.165 of 23 December 1993 on personal data protection, persons affected by this procedure have a right of access to personal information concerning them, as well as the right to request the rectification, updating or removal of inaccurate, incomplete or outdated.
35.These rights may be exercised with the Housing Department:
Direction de l’Habitat - Secteur protégé
10 bis, quai Antoine 1er
BP 631
MC 98013 MONACO CEDEX
Téléphone : (+377) 98 98 80 08
Téléphone: (+377) 98 98 44 81
Security of applications
36. The State of Monaco takes the appropriate physical, technical and administrative measures to ensure the security and confidentiality of personal data, particularly in order to protect such information from loss, accidental destruction, alteration or unlawful access.
Favourable opinion of the Data Protection Authority of Monaco
37. The online service making it possible to make a declaration regarding a residential property covered by Act No. 887 has been favourably received by the Data Protection Authority of Monaco, by deliberation n° 2017-60 du 19 avril 2017. It was the subject of a Decision of H.E. the Minister of State, dated 3 of May 2017 relating to the implementation, by the Housing Department, of the automated processing of personal information for the purpose of « Déclarer la vacance ou la location d’un logement du Secteur protégé », published in the Journal de Monaco on 12 of May 2017.
Copyright
38. All content – text, comments, titles, photographs, audio, images, data, drawings, animations with sound, video... reproduced in this online service, as well as the design, form and software are the property of the State of Monaco and are protected by existing legislation on copyright and on intangible rights more generally, in particular the provisions of the Act no. 491 of 24 November 1948 concerning the protection of literature and works of art.
39. Electronic copying only, for private use, of all or part of the oneline service or its elements, is authorised by the Housing Department, subject to no modifications being made to the original.
40.The Housing Department grants users of its online service the right to personal, specific and non-exclusive use of the online service. Reproduction, copying or use for any purpose other than those described above, and in particular the modification, dissemination or use for commercial or non-commercial purposes, constitutes a criminal offence punished by the Monaco Courts and Tribunals under Articles 21 to 28 of the Act no. 491 of 24 November 1948 concerning the protection of literature and works of art and article 26 of Criminal Code.
Trademarks
41.The Trademarks and/or logos belonging to the State of Monaco which appear within this online service are protected by the provisions of the act on intellectual property under the Act no. 1.058 of 10 June 1983 concerning trademarks, brand names or service marks. Any reproduction, in full or in part, without the authorisation of the owner, constitutes an offence punished by the Monaco Courts and Tribunals under Article 23 of the Act no. 1.058 of 10 June 1983 concerning trademarks, brand names or service marks and article 26 of Criminal Code.
Hypertext links
42.The creation of links to the online service is unrestricted. The Housing Department reserves the right to forbid any links whose purpose affects the smooth running or image of the service or the Administration. The online service may provide the user, and third parties, with links to other web sites or other Internet sources.
43. The Housing Department does not monitor these sites and cannot be held responsible, or take any responsibility for the content, advertising, products, services or any other material available on such third-party websites.
44. The Housing Department cannot be held responsible for any damage or losses, whether actual or alleged, resulting from or connected with such use or from users placing their trust in the content of third-party web sites or in goods and services available on these third-party websites.
45. Under Articles 29 to 32 of the Act n°1.383 dated 02 August 2011 on Digital Economy, the user is responsible and bears all risks associated with using the content of the web site, particularly when relying upon the appropriateness, usefulness or completeness of such content. If a link leads the user to illicit content, in violation of the legislation in force, the user must cease viewing the site in question.
46. The Housing Department invites the user, in such a case, to inform it immediately, and to inform the competent authorities of any link to an illicit site.
Forwarding information
47.Any change in the status or circumstances of the user must be communicated and justified to the Housing Department by the user.
False declaration
48. The user solemnly declares that he/she is fully aware of the sanctions provided for in Article 98 of the Monaco Criminal Code in the event of a false declaration. These include a period of imprisonment of between three months and one year, and the fine laid down in point 2 of Article 26, or one or the other of these two penalties.
Legislation
- Articles 98, of the Monaco Criminal Code
- Act n°1.383 dated 02 August 2011 on Digital Economy
- Act no. 1.058 of 10 June 1983 concerning trademarks, brand names or service marks
- Act no. 1.165 of 23 December 1993 on personal data protection
- Act no. 491 of 24 November 1948 concerning the protection of literature and works of art
- Sovereign Ordinance no. 3.413 of 29 August 2011 concerning various measures pertaining to the relationship between the Government and its subjects
- Sovereign Ordinance no. 7.995 of 12 March 2020 establishing the Digital Services Department
- Sovereign Ordinance no. 7.996 of 12 March 2020 establishing the Information Technologies Department