General Terms of Use of the Site
Last updated: July 2026
Preamble
This document aims to define the general terms of use (hereinafter the "Terms" or "GTU") applicable to the consultation and use of the website www.data-opp.com (hereinafter the "Site") published by Data OPP S.à r.l., a limited liability company under Luxembourg law with a share capital of 12,000 euros, registered with the RCS Luxembourg under number B257953, whose registered office is located at 9, rue de Louvigny, L-1946 Luxembourg (hereinafter "Data OPP").
The Service is operated jointly by Data OPP and Data Hope S.L., a limited liability company under Spanish law, whose registered office is located in Barcelona, Spain (hereinafter "Data Hope"), which handles the telephone qualification of leads and the direction of Users towards commercial Partners. Data OPP and Data Hope act as joint data controllers within the meaning of Article 26 of the GDPR. The two entities are hereinafter referred to collectively as "the Group" or "we".
When the telephone qualification activity targets consumer Users residing in France, it is implemented in compliance with the prior consent regime established by law no. 2025-594 of 30 June 2025 and articles L. 223-1 and following of the Consumer Code, applicable from 11 August 2026, under the conditions of article 6 herein.
Any person accessing the Site (hereinafter the "User") is invited to read these Terms carefully before any use of the Site. Access to the Site and its use imply full and unconditional acceptance of these Terms.
Les présentes Conditions sont complétées par la Politique de protection des données et la Politique de cookies, qui font partie intégrante du dispositif contractuel régissant les relations entre Data OPP et l'Utilisateur.
Article 1 – Definitions
In these Terms, the terms below, when starting with a capital letter, have the following meaning:
GTU or Terms: These General Terms of Use of the Site.
Data OPP: The company Data OPP S.à r.l. (Luxembourg), responsible for lead collection.
Data Hope: The company Data Hope S.L. (Spain), operator of the call centre responsible for the telephone qualification of leads and their direction to the Partners and responsible for the collection of leads in specific cases.
Group: Refers to both Data OPP and Data Hope, acting as joint controllers of processing within the meaning of Article 26 of the GDPR.
Partner(s) / Advertiser(s): The professional(s) with whom the Group has a contractual relationship for the purpose of offering Users goods or services, and on behalf of whom the User may be contacted.
Service(s): The service of connecting Users and Partners, including the collection of leads by Data OPP, their telephone qualification by Data Hope, and their transmission to the relevant Partner. The Service is provided free of charge to the User.
User: Any natural or legal person accessing the Site or using the Services, acting in a professional or private capacity.
Cold calling: Any telephone call for the purpose of commercial prospecting addressed to a consumer User, within the meaning of articles L. 223-1 and following of the Consumer Code.
Consent: The free, specific, informed, and unambiguous expression of will by which the User agrees in advance to be contacted by telephone for commercial prospecting purposes on behalf of one or more specifically named Advertisers.
Article 2 – Purpose and description of the Service
Les présentes Conditions ont pour objet de définir les modalités et conditions selon lesquelles Data OPP met à disposition de l'Utilisateur le Site et les Services.
The main Service offered by the Group consists of connecting Users seeking goods or services with Partners likely to meet their needs. The Service takes place in two main stages:
(i) a collection stage ensured by Data OPP through the acquisition of leads from external sources that have previously obtained the User's consent. This consent must be valid in accordance with the applicable regulations and, for Users residing in France, meet the requirements of Article 6, particularly the identification of the Advertiser(s) on behalf of whom the User may be contacted;
(ii) a qualification and referral stage ensured by Data Hope via its call centre, consisting of contacting the User, validating their interest and needs, and directing them to the most relevant Partner among those covered by their consent. No call is made to a User who has not previously consented under the conditions of Article 6. Calls are recorded for quality control and proof purposes, of which the User is expressly informed at the beginning of the call.
The Group acts as a technical intermediary within the meaning of Regulation (EU) 2022/2065 of 19 October 2022 relating to a single market for digital services ("DSA"). Neither Data OPP nor Data Hope are parties to the commercial relationships established, where applicable, between the User and a Partner following an introduction.
The use of the Service is free for the User. The Group is compensated by the Partners.
Article 3 – Acceptance and modification of the Terms
3.1 Acceptance. Access to the Site and use of the Services constitutes full and unconditional acceptance of these Terms by the User. The User acknowledges having read the Terms and having the legal capacity necessary to accept them.
3.2 Modification. Data OPP and Data Hope reserve the right to modify these Terms at any time. The applicable version is the one in effect at the time of connection. In the event of a substantial modification, the Group will inform Users by any appropriate means before the modifications take effect.
Article 4 – Access to the Site
Data OPP and Data Hope may interrupt access to the Site for maintenance, updates, checks or for any other legitimate reason, without this interruption being liable, except in cases of gross negligence or fraud. Access to the Site requires an internet connection at the sole expense of the User.
Article 5 – User Obligations
The User agrees to use the Site and the Services in accordance with these Terms, applicable legislation, public order and good morals. The User is specifically prohibited from:
Using the Site for fraudulent or illegal purposes ;
Infringing the rights of third parties (image, privacy, intellectual property) ;
Destroying, altering, rendering unusable or damaging the data accessible via the Site ;
Limiting or preventing other Users' access to the Site ;
Introducing programs, viruses or similar devices ;
Misusing the functionalities of the Site (unauthorised scraping, crawling) ;
communicating false, inaccurate, misleading or fraudulent information, particularly when obtaining their consent;
Using the Site to transmit any illegal, defamatory, insulting content, or contrary to public morals.
It is expressly stated that the User's refusal to be contacted, the withdrawal of their consent, their registration on an opposition list or their wish not to be called back constitutes the exercise of rights recognised by law and cannot in any case be qualified as a breach of these Terms nor be invoked against them.
The User is solely responsible for their use of the Site and the Services.
Article 6 – Telemarketing and prior consent
6.1 Legal framework. The telemarketing activity carried out by Data Hope with consumer Users residing in France is subject to the prior consent regime established by law no. 2025-594 of 30 June 2025, codified in articles L. 223-1 and following of the Consumer Code, applicable from 11 August 2026.
6.2 Prior and express consent. From this date, no commercial prospecting call shall be made to a User who has not previously expressed, freely, specifically, informed and unequivocally, their consent to be contacted by telephone for this purpose. Silence or inaction by the User does not constitute consent.
6.3 Identified Advertisers. The consent collected mentions the Advertiser(s), specifically named, on behalf of whom the User may be contacted. The User cannot be contacted on behalf of an Advertiser not covered by their consent. The list of relevant Partners is made known to the User at the time of consent collection.
6.4 Validity period. The consent is collected for a limited duration of 6 months, after which it becomes void unless renewed.
6.5 Withdrawal of consent. The User can withdraw their consent at any time, free of charge and in a manner as simple as that of its collection, notably during any call or by request sent to dpo@data-opp.com. The withdrawal has no impact on the User's access to the Site.
6.6 Time slots and frequency. Calls are made in compliance with the days, times and frequency permitted by the applicable regulations within 24 to 48 working hours, from Monday to Friday, between 10:00 and 13:00 or between 14:00 and 20:00.
6.7 Identification and recording. The identity of the caller and the commercial purpose of the call are communicated at the beginning of the conversation. Calls may be recorded for quality control and proof of consent purposes, of which the User is informed at the start of the call; they may object to this.
6.8 Proof. The Group retains, for the duration required by the regulations, the elements allowing to establish the reality and validity of the User's consent.
6.9 Excluded sectors. For activities where cold calling is prohibited by law (notably, under the applicable law, energy renovation), no calls are made, regardless of the consent obtained.
Article 7 – Cookies and personal data protection
The Site uses cookies and similar technologies. The placing and reading of cookies that are not strictly necessary are subject to the prior consent of the User.
The processing of personal data implemented by the Group (Data OPP as the controller of the initial collection and Data Hope as the controller of operational processing via the call centre, acting together as joint controllers within the meaning of Article 26 GDPR) is described in the Data Protection Policy. The consent for telemarketing provided for in Article 6 is distinct from the consent for cookie placement and the consent for data processing; each is collected, documented, and revocable separately.
Article 8 – Intellectual property
The Site and its content are the exclusive property of Data OPP (or licensed to Data Hope under the intra-group agreement) or of third parties who have authorised the Group to use them. They are protected by applicable intellectual property laws, notably by the amended law of 18 April 2001 on copyright, neighbouring rights and databases.
The reproduction, distribution, public communication, transformation, and transfer of any content from the Site are strictly prohibited, unless expressly and prior authorised by the rights holder. The User is permitted to make a copy of the content on their hard drive or any other medium, provided that this copy is intended for personal and non-commercial use.
Article 9 – Right to image
The photographs and audiovisual works present on the Site are published with the permission of the individuals depicted, in accordance with the GDPR when these images allow for the identification of a natural person.
Article 10 – Hyperlinks
The Site may contain hyperlinks to other sites. The Group exercises no control over these external sites and disclaims all responsibility for their content.
Article 11 – Limitation of liability
Subject to applicable mandatory provisions, and in the absence of gross negligence or fraud:
Data OPP ne saurait être tenue responsable des dommages causés par une utilisation inappropriée du Site par l'Utilisateur ou par un tiers ;
The Group strives to ensure the proper functioning of the Site and the quality of the Service, but does not guarantee their uninterrupted operation or the absence of any anomalies;
The Group cannot be held liable for direct or indirect damages resulting from access, use or inability to access the Site;
Neither Data OPP nor Data Hope are parties to the commercial relationships between the User and the Partners and cannot be held responsible for any breaches by a Partner.
The limitations of liability set out in this article shall not have the effect of limiting or excluding the liability of the Group in the event of personal injury, gross negligence, fraud, or breach of an essential obligation.
Article 12 – Notification of illegal content (DSA)
In accordance with Articles 16 and following of the DSA, anyone who believes that content accessible via the Site is illegal may notify the Group by email at the address notice@data-opp.com [to be created], indicating the elements required by the DSA.
Article 13 – Suspension and termination
In the event of a breach by the User of these Terms, the Group reserves the right to suspend or terminate access to the Site, in whole or in part, at any time, without any compensation.
Article 14 – Force majeure
The Group cannot be held responsible for the non-performance or delay in the performance of its obligations resulting from a case of force majeure.
Article 15 – Miscellaneous provisions
If any provision is declared null, illegal or unenforceable, the other provisions shall remain in full force and effect.
These Terms, together with the Data Protection Policy, the Cookie Policy and the Legal Notices, express the entirety of the commitments between the Group and the User.
15.3 Evidence. The User acknowledges the evidential value of computer logs, electronic records, and identification elements retained by the Group. Any recordings of telephone conversations are valid between the Parties under the conditions of their collection and constitute, in particular, evidence of consent within the meaning of Article 6.
Article 16 – Applicable law and competent jurisdiction
These Terms are governed by Luxembourg law, to the exclusion of conflict of laws rules. Any dispute shall be subject to the exclusive jurisdiction of the courts of the district of Luxembourg, subject to the mandatory rules applicable to consumer Users (notably, for Users residing in Spain, the option to bring proceedings in Spanish courts).
For consumer Users residing in France, the mandatory provisions of French consumer law, including Law No. 2025-594 of 30 June 2025 and Articles L. 223-1 and following of the Consumer Code relating to telephone marketing, apply notwithstanding the choice of Luxembourg law.
Article 17 – Amicable settlement and consumer mediation
The consumer User may, after attempting an amicable resolution, resort to a mediation procedure: National Consumer Mediator Service (Luxembourg) or, for Users residing in Spain, the competent Spanish mediation bodies.
European online dispute resolution platform : https://consumer-redress.ec.europa.eu/list-alternative-dispute-resolution-adr-bodies_fr
Article 18 – Contact us
For any questions regarding these Terms:
By email: contact@data-opp.com
By post: Data OPP S.à r.l. — 9, rue de Louvigny, L-1946 Luxembourg — or — Data Hope S.L. — c/ Carrer del Consell de Cent, 357 Piso 6º,L'Eixample 08007 Barcelona