Publisher: TV5MONDE SA
Share capital: 137.200,00 €
Paris Trade & Companies Register: B 381 962 612
Registered office: 131 avenue de Wagram, 75017 PARIS, FRANCE
Tel. : +33 1 44 18 55 55
DIRECTOR OF PUBLICATION:
Direction de l'interactivité
131, avenue de Wagram
75017 Paris – France
Simplified joint-stock company with share capital of € 1,400,000
Paris Trade & Companies Register: 419 632 286
Registered office: 18-20 rue du Faubourg du Temple 75011 Paris, FRANCE
Tel : 01 70 13 70 00
GENERAL TERMS AND CONDITIONS OF USE FOR THE TV5MONDE WEBSITE, PROGRAMME, COMMUNITY AREAS, AND RELATED SOCIAL NETWORKS
Latest update: 25 May 2018
1.1 TV5MONDE, a public limited company with a share capital of € 137,200, registered with the Paris Trade and Companies Register under number 381 962 612, having its registered office at 131, avenue de Wagram, 75017 PARIS, FRANCE (hereinafter referred to as "TV5MONDE") makes audio-visual programmes (hereinafter referred to as the "Programme" or “Programmes”) available to users on all websites published by it, as well as on its mobile and tablet applications (hereinafter referred to as the "Services").
The sites may be found at the following addresses:
The term ‘applications’ refers to applications a user can use via interfaces downloaded on the Android Play Store® and/or the Apple App Store®, including:
- TV5MONDE AFRIQUE
- 7 JOURS SUR LA PLANÈTE
- MERCI PROFESSEUR!
- APPRENDRE (LEARN)
The various sites and applications provide access to the Services.
1.2 By connecting to the Services and the Programme, to the community areas available in the Services (hereinafter referred to as "Community Areas"), and to the various social networks on which TV5MONDE is active (hereinafter referred to as "Social Networks") as a user (hereinafter referred to as the "User"), you agree to submit to the currently applicable Terms and Conditions of Use (hereinafter referred to as the "TCU") and to submit to French law.
1.3 The use of TV5MONDE services on Social Networks (Facebook®, Twitter®, etc.) is subject to both the User's compliance with these TCU but also with the general terms and conditions of use published by the operators of the relevant Social Networks.
1.4 Applicable TCU are those that are available online on the Services and Social Networks on the date of connection to said Services and Social Networks. The last update date for this document is listed in its title. TV5MONDE reserves the right to modify its TCU at any time in order to include changes in the Services and/or in any applicable legislation. These modifications are considered to have been brought to the User's attention by the fact of their publication online. Should older versions of the TCU should remain available to the public via other websites or through any other means, such versions would not be legally binding on TV5MONDE. The User is therefore encouraged to check the TCU each time the visit in order to read the latest version available for the Services, and also to click on the links present on Social Networks in order to read the general terms and conditions in force on those networks. The currently applicable TCU documents are available at all times on the Services and are available in French and in English.
1.5 You declare that you have the capacity to accept the TCU, in that you are a legally adult person and are not under supervision or guardianship. However, in the event that you are a natural person under the legal adult age, you hereby declare and acknowledge that you have obtained authorisation from your parents or guardian(s). The holder(s) of parental authority has/have agreed to guarantee your compliance with all the provisions of these TCU. For this reason, parents (or guardians) are encouraged to monitor their children's use of the Services, the Programme, and the Social Networks, and to bear in mind that the Services, the Programme, and the Social Networks are intended to reach a broad public and that, therefore, in their capacity as legal guardians, it is the parents’ responsibility to determine which Services, Programmes and Social Networks are or are not suitable for their child and to monitor their use.
1.6 Users are advised to keep and/or print these TCU.
2.1 “User”: any person using TV5MONDE content (text, photos, videos, etc.) made available on the Service, the Programme, the Community Areas and all Social Networks on which TV5MONDE is present.
2.2 “Community Areas”: areas available only through the Service, where the User can interact with others by posting Comments.
2.3 “Comments”: all comments/content (text, photos, videos, etc.) that may be posted by the User on Community Areas and Social Networks and for which the User is solely responsible.
2.4 “Social Networks”: all community sites (Facebook®, YouTube®, Twitter®, Dailymotion®, etc.) on which TV5MONDE is present and on which the User can interact by posting Comments.
2.5 “Moderator(s)”: Comments posted by the User are subject to post-publication moderation carried out by TV5MONDE and/or by a provider of its choice.
2.6 “Post-publication Moderation”: Moderator activities carried out on Comments posted by a User on Community Areas and Social Networks, after those Comments have been published.
In order to access the Programme and ensure optimal viewing of all the content of the Service, the User must check that Programme reception is possible under the desired conditions, by installing the necessary software.
4.1 The Service, Community Areas and Social Networks are in principle accessible worldwide.
4.2 However, for legal reasons and dependent on acquisition and distribution agreements signed between TV5MONDE and its partners and/or its suppliers of audio-visual programmes, some content may not be available in specific areas.
5.1 Users wishing to use the Community Areas must Register for the Service.
5.2 The User is solely responsible for the use of his or her user account.
5.2.1 Any connection or transmission of data made through the Service shall be deemed to have been made by the User and under the User’s exclusive responsibility.
5.2.2 It is also specified that the User is fully and exclusively responsible for the use he or she, or any third party whatsoever, makes of the Service.
5.3 The User undertakes not to disclose his/her username and password, unless they are willing to accept liability for any possible fraudulent use, a use for which TV5MONDE shall not under any circumstances be held liable. In the event of the loss or unauthorised use of his/her account, username and/or password, the User must immediately notify TV5MONDE of this fact in accordance with the terms set out in the CLAIMS section of the TCU.
6.1 Personal data collected
The term Personal Data refers to any information relating to a directly or indirectly identified or identifiable natural person. Some personal data may be collected as part of the Service:
Either directly when the User freely provides the information:
- In order to create an account (TV5MONDE, Learn, Teach, Games and contests, TV5MONDE Quiz and TV5MONDE pro), when identification data (User ID and password) and identity data (surname, first name, date of birth, postal address and e-mail address) are requested. The User may modify this data and/or delete his/her account at any time, using his/her account management area.
- In order to receive newsletters (TV5MONDE, Learn and Teach), when identity data (surname, first name, country and e-mail address) are requested. The User may unsubscribe from a newsletter at any time, using a link provided in all emails sent, and/or from the account management area.
The User undertakes to provide only accurate and up-to-date information, providing a genuine identity which does not harm the rights of third parties, in particular any intellectual property rights. The User is informed as to whether the data requested are optional or required.
Or indirectly, when personal data is collected automatically via computer methods. This includes connection data (IP address, logs, date and time of connection) as well as terminal data (device type, language used, display resolution, operating system).
The User is informed that cookies may automatically be installed on his/her browser software during his/her visits to the Service.
Cookies are any tracking object that is stored or read when the User accesses the Service or any of the advertising on the Service. Cookies are files that may, based on the User’s settings, be saved by the User's browser in a specific area of a terminal’s hard drive when the Service is used. A cookie file identifies the terminal in which it is saved while it remains valid.
Cookies have a limited lifespan and are temporarily stored on the hard drive of the User's computer or device.
The User acknowledges that some cookies are required in order for the Service to be accessed and browsed correctly. They allow access to the Service’s main features.
The issuance and use of third-party cookies on the Service is subject to the privacy policies of those third parties.
For more information on cookies, the User can consult the Cookie Use Charter.
6.3 Processing purposes for personal data
Personal data is collected by TV5MONDE, as part of the Service, in accordance with the amended French Data Protection Act no. 78-17 of 6 January 1978, and with the European General Data Protection Regulation 2016/679/EU of 27 April 2016.
The data are processed for the following purposes:
- User account creation and management (TV5MONDE, Learn, Teach, Games and contests, TV5MONDE Quiz, and TV5MONDE pro)
- Sending newsletters (TV5MONDE, Learn, and Teach) for information and prospecting purposes regarding TV5MONDE's programmes, content, activities, and events
- The proper operation, improvement and, where applicable, customisation of the Service (content and services tailored to User interests)
- Service audience analyses and statistics
- Organising games and contests
- Managing: requests for User data access rights, rectification, erasure (right to forget), and portability; directives on data after death; restriction of and opposition to processing; and the response to User requests.
6.4 Legal bases for processing personal data
In accordance with the French Data Protection Act no. 78-17 of 6 January 1978 as amended, and with the European General Data Protection Regulation 2016/679/EU of 27 April 2016, TV5MONDE processes the personal data of Users only if a legal framework permits such processing. The legal framework differs depending on the reasons for which TV5MONDE needs to process the data.
In the legitimate interests of the User, TV5MONDE processes personal data in order to support the proper operation, improvement and, where applicable, customisation of the Service. The same applies primarily for the creation and management of accounts, and for the organisation of and access to games and contests.
Service audience analyses and statistics support the improvement of said Service, and are thus also in the legitimate interests of the User.
Request management is carried out within a framework of legal and regulatory obligations. The personal data processed as part of User requests that do not involve the User's exercise of their rights are processed solely in order to properly manage the requests and respond to them in the most appropriate manner.
The sending of the newsletters occurs exclusively with the User’s consent.
6.5 Recipients of personal data
The User's personal data collected under the Service is intended for TV5MONDE. Optional information is intended to allow us to better know the User and thus improve the services offered to that User.
However, these data may be transferred or disclosed by TV5MONDE as follows:
- To third-party companies for the purposes of the proper operation of the Service, and in order to allow the User to access the Programme
- A TV5MONDE partner companies, after the User has been explicitly informed and subject to the User’s prior consent
- Any relevant authorities, if applicable, in particular to ensure compliance with legal and/or regulatory obligations
Services offered within the Service by third parties, in particular through links or advertisements, are not subject to any processing by TV5MONDE. Said third parties are solely responsible for the processing of personal data carried out in this context. The services offered by third parties within the Service are exclusively subject to the conditions of use and/or sale of those services. Any questions or requests relating to personal data collected in this way shall be addressed directly to the third parties in question. User are encouraged to read the Cookie Use Charter for more information concerning third-party cookies saved on the Service.
The User may freely provide personal data in any public comments areas made available by the Service. In such cases, this personal data may be collected by a third party. TV5MONDE disclaims any liability for the subsequent use of such data by third parties and does not carry out any controls to that effect.
6.6 Sending newsletters
TV5MONDE may send the User informational newsletters by post, email, SMS/MMS and/or any other communication media, in order to allow the User to get to know TV5MONDE and to disseminate marketing information, if the User so chooses.
The User may unsubscribe from newsletters at any time, using a link provided in all such emails, and/or from the account management area.
6.7 Retention period for personal data
Personal data collected by TV5MONDE for the use of the Service is kept in accordance with legal and regulatory obligations.
Information relating to account creation (TV5MONDE, Learn, Teach, Games and contests, TV5MONDE Quiz, and TV5MONDE pro) is retained until the User deletes the account.
Information relating to newsletters (TV5MONDE, Learn, and Teach) is retained by TV5MONDE in accordance with CNIL Decision No. 2016-264 of 21 July 2016 on the automated processing of personal data relating to the management of customers and prospects (Simplified Standard No. 48), i.e. for a period of three years starting from the User’s last contact (e.g., requesting documentation or clicking on a hypertext link in an email). At the end of this three-year period, TV5MONDE will contact the User to find out if the User wishes to continue to benefit from the services to which they have subscribed. In the absence of an explicit affirmative response from the User, the data will be deleted or archived in accordance with currently applicable legal provisions.
The information collected during the organisation of games and/or contests shall be retained in accordance with the legal and regulatory periods set out in the Rules of the relevant game and/or contest.
Data collected for the management of requests relating to the exercise of User rights shall be retained in accordance with legal and regulatory provisions. The personal data processed as part of User requests that do not relate to the exercise of their rights are retained as long as is necessary to properly manage the request and respond to it in the most appropriate manner.
Information collected via cookies is kept for periods specific to their purposes, within a maximum limit of thirteen (13) months.
6.8 Users rights with respect to personal data collected from them
In accordance with the French Data Protection Act no. 78-17 of 6 January 1978 as amended, and with European General Data Protection Regulation 2016/679/EU of 27 April 2016, and for any personal data concerning him or her and transmitted within the framework of the Service, the User may exercise his or her right of access, rectification, erasure (right to forget) and portability, and his or her right to restrict or oppose its processing, in accordance with the complaints procedure described in the CLAIMS section of these TCU.
The User may also give instructions on the retention, erasure and disclosure of their personal data after their death. Such instructions must be communicated to TV5MONDE. The User may nominate an executor for these directives or, failing that, the default executors shall be the User’s heirs. Such directives may be amended at any time.
However, these rights may be limited when the processing of personal data is necessary, in particular to exercise the right to freedom of expression and information.
The User may exercise all of his/her rights for any personal data transmitted within the framework of Social Networks directly with the operators of the relevant Social Networks.
6.9 Security of personal data collected
TV5MONDE implements appropriate technical and organisational measures to ensure the security, confidentiality and integrity of personal data collected under the Service. These measures include access control devices (limited access to personal data: limited number of authorised persons, access possible only with a unique identifier and password).
7.1 PROGRAMME, SERVICE AND COMMUNITY AREAS
7.1.1 Users should send issues regarding the Programme, the Service and the Community Areas to: firstname.lastname@example.org.
7.1.2 In order for a request to be processed, Users must be sure to send TV5MONDE all of the following information:
- the date of the notification
- if the notifier is a natural person: his/her surname, first names, profession, residence, nationality, date and place of birth
- if the notifier is a legal entity: its nature, name, registered office and its legal counsel
- a description of the facts in issue and their specific location
- the reasons why the content must be removed, including the mention of legal provisions and evidence of facts.
7.1.3 Any request made in this manner shall be reviewed by TV5MONDE and/or the Moderator, who will do their utmost to resolve the issue in a timely manner and to provide the most appropriate solution.
7.2 SOCIAL NETWORKS
7.2.1 For issues relating to Social Networks, the User must comply with the procedures established by the operators of the Social Networks in question.
7.2.2 Requests made in this manner shall be examined by TV5MONDE, if it has been able to take note of it, and within the limits of the procedures put in place by the operators of the Social Networks. TV5MONDE will then do its utmost to resolve the issue in a timely manner and provide the most appropriate solution under the conditions set by the operators of the Social Networks in question.
7.3 PERSONAL DATA
7.3.1 For requests relating to the right of access, rectification, erasure (right to forget), directives on data after death and the portability of personal data, or to the right to restrict and oppose processing, the User may send his or her request to the following address, specifying the purpose of the request and attaching a copy of his or her identity document:
Email address: email@example.com
Postal address: TV5MONDE
Direction juridique - RGPD: 131 avenue de Wagram 75017 Paris – France
7.3.2 In accordance with the French Data Protection Act no. 78-17 of 6 January 1978 as amended, and with the European General Data Protection Regulation 2016/679/EU of 27 April 2016, such requests shall be examined by TV5MONDE as soon as possible and in any event within one (1) month of the receipt of the request. If necessary, this period may be extended by two months, taking into account the complexity and number of requests. In that event TV5MONDE will inform the User of this extension and provide reasons for the extension within one (1) month of the receipt of the request.
7.3.3 As a reminder, for questions other than those referred to in 7.3.1 of these TCU, the User must send his/her request to: firstname.lastname@example.org.
8.1 USER RESPONSIBILITIES
8.1.1 The User undertakes not to make any use of the Programme, the Service, the Community Areas and Social Networks which is not expressly authorised by TV5MONDE and/or could cause damage to TV5MONDE and/or third parties.
8.1.2 The fact that the User uses the Programme, the Service, the Community Areas and Social Networks does not grant any specific rights with respect to copyrights, rights to know-how and trademarks, or to any other industrial or intellectual property rights relating to TV5MONDE or TV5MONDE partners (hereinafter referred to as "the Rights").
18.104.22.168 The User undertakes not to use TV5MONDE trademarks and/or copyrights and not to infringe on the Rights in any way.
22.214.171.124 The User shall not in any way modify, copy, reproduce, re-publish, download/upload, post, transmit, sell or distribute such content, including codes and software, unless expressly authorised to do so by TV5MONDE.
126.96.36.199 The User undertakes not to use the Programme in a manner that results in the Programme being wholly or partially interrupted, damaged, rendered less effective or altered in any way whatsoever.
188.8.131.52 The Programme is authorised solely for private use within the family circle and to the exclusion of any other use. The Programme may not be used for any other purpose, particularly for professional purposes or for free or paid public broadcast. Any other use, unless previously authorised in writing by TV5MONDE and/or other assignees, constitutes infringement of and may be sanctioned in respect of intellectual property.
184.108.40.206 Any total or partial reproduction of the Service and/or the Programme is strictly prohibited.
8.1.3 The User is solely responsible for the Comments he or she leaves on the Community Areas and Social Networks. In this respect, the User guarantees TV5MONDE against any recourse and/or suit that any natural or legal person may bring as a result of the publication of such Comments.
8.1.4 The User warrants to TV5MONDE that he/she has the rights necessary to publish the Comments.
8.2 RULES AND PRACTICES RELATING TO USER BEHAVIOUR
8.2.1 The Internet is a social space that presumes respect for others and for the law. The User undertakes to:
- exercise discretion when using Community Areas and Social Networks
- behave with the courtesy required for the proper conduct of discussions
- use clean, understandable and non-repetitive language
8.2.2 The User shall not publish Comments on the Community Areas and Social Networks which:
220.127.116.11 Are or might be contrary to applicable laws and regulations, or to public order and morals. The following are prohibited, without this list being exhaustive:
- Comments justifying crimes and offences, including crimes against humanity, war crimes, murder, rape, etc.
- Comments of a paedophilic nature
- Comments infringing on minors in any way or infringing on human dignity
- Comments of a nature that is violent, denigrating, defamatory, injurious, illegal, hateful, racist, anti-Semitic, obscene, pornographic, inciting suicide or otherwise reprehensible
- Comments encouraging any form of discrimination (particularly racial, sexual, religious, relating to a disability, etc.)
- Illegal Comments related to gambling
18.104.22.168 Would constitute the exercise of a commercial activity, including promotional Comments or those containing a hyperlink referring to a commercial site.
22.214.171.124 Would harm or may harm the image or reputation of a brand or natural or legal person.
126.96.36.199 Would harm or may harm the protection of a third party's personal data.
188.8.131.52 Are contrary to or likely to be contrary to TV5MONDE's editorial policy.
8.3 MODERATION AND REPORTING
8.3.1 User Comments are subject to moderation after they are posted.
8.3.2 Moderators reserve the right, at any time and without prior notice to the User, to delete any Comment which is or may be contrary to the "Rules and Practices relating to User behaviour" and in the event of a claim by a third party.
8.3.3 Any User may at any time to the Moderators a Comment that would infringe the User's rights and/or that would be contrary to the "Rules and practices relating to User behaviour”, in accordance with the complaints procedure described in the CLAIMS section of the TCU.
8.3.4 For Comments on Social Networks, the User must follow the reporting procedures provided by the operators of the Social Networks in question. In such cases, the User must refer to the general terms and conditions of use of the relevant Social Networks.
9.1 Use of the Service and the Programme implies knowledge and acceptance of the features and limits of the internet, including technical performance, response times for consult, querying or transferring data, the lack of protection for certain data against potential diversion, and the risk of contamination by any viruses circulating on the network.
9.2 TV5MONDE does not guarantee that the Service and the Programme shall operate without interruption and does not guarantee that it does not contain any computer errors. However, TV5MONDE undertakes to make every effort, within the framework of an obligation of means, to correct any failures that are noted.
9.2.1 TV5MONDE will use its best efforts to maintain the Service and the Programme in an operational state. However, this is a medium-term obligation and TV5MONDE does not offer any guarantee that the continuous operation and/or continuity of the Service and the Programme can be ensured, in particular, and without these cases being limited, in the event of force majeure or unforeseen circumstances as defined by applicable regulations.
9.2.2 TV5MONDE assumes no liability in the event of poor reception of the Service and the Programme as a result of a change in the connection settings of the company, the access provider or the User's settings. In the event of the use of a proxy (particularly in a corporate network), it is possible that a connection to the stream may not be possible. In this case, Users are advised to uninstall the proxy. Otherwise, TV5MONDE can in no way guarantee access to the Programme.
9.2.3 TV5MONDE shall not be held liable for the proper performance of the Service or the Programme in a given browser.
9.3 TV5MONDE shall not be held liable if the User's registration data should not reach it for any reason for which it could not be held liable (e.g. internet connection issues or issues at the User’s premises, temporary failure of TV5MONDE servers for any reason, etc.), or if it was unreadable or impossible to process (e.g. if the User has inadequate computer hardware or an inadequate software environment in order to complete registration, etc.).
9.4 Hypertext links offered by TV5MONDE may send the User to other services or other information managed by partners. Given that TV5MONDE cannot exercise any control over its partners’ services, TV5MONDE shall not be held liable in the event that the content of such other services violates the legal and/or regulatory provisions in force.
9.5 TV5MONDE is not responsible for non-compliance by the User with the general terms and conditions of use of the Social Networks.
9.6 TV5MONDE is not subject to a general obligation to monitor the Comments made on its Community Areas and Social Networks, over which it exercises only a post-publication control, and may only be held liable as a hosting provider.
9.7 In the event that TV5MONDE's liability should be incurred as a result of a breach of any of its obligations under these TCU, compensation shall apply only to direct, personal and certain damages, to the express exclusion of compensation for all indirect and intangible damages and/or prejudice, such as financial damages, commercial damages, operating and turnover losses, and data losses.
These Terms and Conditions of Use are subject to French law. In the event of a dispute, the courts of Paris shall have sole jurisdiction.