GENERAL TERMS OF USE (‘TERMS & CONDITIONS’)
Overview
Terminology
ARTICLE 1. TERMS FOR INTERACTING WITH THE PROGRAM
ARTICLE 2. LIABILITY
ARTICLE 3. PERSONAL DATA
3.1. Identification
3.2. Access to data
3.3. Use of cookies and Analytics
ARTICLE 4. COMMENTS
4.1 Access to comments
4.2 Terms and obligations
4.3 Moderation
ARTICLE 5. INTELLECTUAL PROPERTY
ARTICLE 6. SITE MODIFICATIONS
ARTICLE 7. APPLICABLE LAW – JURISDICTION FOR DISPUTES
ARTICLE 8. IDENTIFICATION
Overview
The Site is a multimedia program designed to get 18-34 [W21] year-olds to talk about themselves by means of a playful and interactive questionnaire. Built around a campaign spread out over six months, the Site is meant to discover the multifaceted European youth of today.
The Broadcasters & Producers worked closely with a team of sociologists for the questionnaire development. The survey is meant to collect answers, in particular on the values or views the user shares on very diverse topics such as Europe or family. The personal and electronic identification data collected from Users are subject to automated data processing, and will be accessible only to authorized persons within their missions, namely the teams dedicated to the project "Generation What?" within the Upian and Yami 2 (the ‘Producers’)[W22] .
The results of this survey will be published and displayed in real time from April 2016 to April 2019. They will be completely anonymized. In no case will the publication of these results identify Users. The Broadcasters will receive from the Producers anoymized survey results. Broadcasters do not receive personal data at any time.
These survey results will also be shared with sociologists who worked on the survey to be analyzed. They will ensure the anonymity of respondents is maintained.
During this interactive experience, Users have the possibility to record their progression by entering their email address and to answer questions on a variety of subjects (to up to 149 questions), so that they contribute to create a first-ever profile of European youth in accordance with the articles set forth in these Terms and Conditions of Use (hereafter the "Terms“ ).They will also be able to discover the portrait built from these datas.
The User declares that he/she has acquainted themselves with the present General Terms of Use and to have accepted them before participating in the questionnaire and/or in- putting any information or, if applicable, any on-line comment.
By accepting these Terms and Conditions, the user wishes to contribute to the statistical survey "Generation What?" and declares his ability to accept the Terms and Conditions, that he/she is [18 years] or older. If the user is below [18 years], he/she must declare to have received prior permission from their parents or legal representatives to register on the Site. The holder(s) of parental authority has (have) accepted to guarantee compliance with all the provisions of these Terms and Conditions in the use of the Site.
Therefore, the holders of the parental authority are invited to watch the use made by their children of their use of the Site and if applicable their uses of the comment function and to keep present in mind that in their quality of legal guardian it is of their responsibility to watch the use which is made.
Terminology
In the following "Terms", the “Broadcaster” is the broadcaster that [hosts[W23] ] the Generation What website (the “Site”) to their audience ("The Users").
The Producers are Upian and Yami2.
The present document is intended to define the Terms and Conditions applicable to the Site and participating Internet Users. Anyone wishing to participate in the experiment declares having previously read and expressly agreed to these Terms and Conditions (hereafter “TC” or “Terms”)).
These Terms may be modified at any time by the Producers without advance notification to Users. It is advisable that Users regularly check the latest version.
ARTICLE 1. TERMS FOR INTERACTING WITH THE PROGRAM
To make it possible to collect and sort data and to personalize the interactive experience that is offered on the Site, Users are first prompted to give answers to several preliminary questions on their age, gender, localisation, level of education and current situation.
Users are asked to enter their email address in order to receive a personal link allowing them to resume the questionnaire whenever they want.
By giving their email address and answering the survey, Users give consent for Producers to use these datas in the scope of the project in accordance with these Terms.
The Producers can use these email addresses to communicate with Users about the program.
ARTICLE 2. LIABILITY
It is expressly understood that Broadcasters and Producers will in no way be held responsible for any damages suffered by Users and/or any third party as a result of:
- Unavailability or malfunction of the service, regardless of the cause
- Loss of data specific to Users
- Consequences of any computer virus
- Cases of force majeure as defined by case law of Court of Cassation in France
Due to the characteristics of the Internet, particularly the fact that contributions may be subject to intrusions by unauthorized third parties and therefore be corrupted or downloaded, and the fact that any person is able to create a link giving access to those contributions, the Broadcasters & Producers will in no event be held liable for damages of any kind, whether accidental or suffered by Users or third parties, and whether caused or not by third parties.
ARTICLE 3. PERSONAL DATA
3.1. Identification
The personal and electronic identification data that may be collected from Users are subject to automated data processing, particularly to enable Uses to customize their experience on the Site by allowing him to resume the experience and/or to comply with current legislation.
3.2. Access to data
Users data are hosted by the Producers and any subcontractors of Producers' choice as mentioned in the "Legals" of the Site. To ensure that the personal data of web Users are protected against loss, alteration and disclosure, they will be stored on secure computer servers for a period limited to three (3) years. According to the Law “Informatique et Libertés” of 6 January 1978, as amended by law n ° 2004-801 of 6 August 2023 on the protection of individuals with regard to the processing of personal data, the Users benefit from a right to access to their personal data and a right to rectify or suppress these data. To exercise these rights, particularly to request that their contributions in the participative section be deleted, at any time, Users may make a request in writing to the Producers, through the "contact"[W24] link.
In this way Users may ask that personal data related to them that are inaccurate, incomplete, equivocal, expired, or whose collection, use, disclosure or storage is prohibited be rectified, completed, clarified, updated or deleted.
Users' data will not be used for any further advertising or commercial purposes.
Only the email adress will allow the User to resume his progression and being informed of the actuality of the program.
3.3. Use of cookies and Analytics
To improve the quality of its services and to meet the needs of its Users. The Broadcasters & Producers make use of “cookies” and the web analytics tools : Google Analytics and [ComScore].
The Site uses Google Analytics, a service to analyze websites that helps the Producers to study how Users use the Site. The data generated by these browsing analysis cookies involve: sites visited, frequency, number and repetition of visits, browsing duration, searches performed, browser used, service provider and the location linked to the IP address. If Users have chosen to make their IP address anonymous on this site, Google will still transmit their IP address, however it will be truncated in countries belonging to the European Union or in other States that have signed the agreement establishing the European Economic Area. In exceptional cases only, their entire IP address will be transmitted to a Google server where it will be truncated. Google will not associate their IP address sent through Google No Analytics with other data held by Google. Google will use this information to assess their use of the Site and compile reports about the Site’s activity and Internet use for the Producers : measurement and analysis of browsing habits and Users behaviour, development of anonymous browsing profiles and possible improvements depending on the analysis of Users data. To find out more, see Google’s confidentiality rules (http://www.google.com/intl/en/p olicies/privacy/ ) . Besides blocking these cookies in Users browser, Users can desactivate Google Analytics (https://tools.google.com/dlpage/ gaoptout?hl=en ) while browsing using a module provided by Google.
The Broadcaster may use cookies and these analytics tools, for the following purpose:
For further information and recommendations on Internet cookies, Users can also visit the website of the Commission Nationale de l'Informatique et des Libertés (www.cnil.fr/english ), under the headings Vos droits … Vos traces (Your rights … Your tracks). ».
ARTICLE 4. COMMENTS – THE COMMENT FUNCTION HAS BEEN DISABLED FOR USER’S ACCESSING THE SITE [THROUGH RTE.IE[W25] ]
4.1 Access to comments – THE COMMENT FUNCTION HAS BEEN DISABLED FOR USER’S ACCESSING THE SITE [THROUGH RTE.IE[W26] ]
Using the Comments System DISQUS is free and subject to prior registration. This can be done either via Twitter, Facebook or Google or through the creation of a specific account DISQUS. The information provided (name, avatar or alias) on these sites are displayed to identify the user.
4.2 Terms and obligations – THE COMMENT FUNCTION HAS BEEN DISABLED FOR USER’S ACCESSING THE SITE [THROUGH RTE.IE[W27] ]
The use of the Comments system within the participative section of the Site is freemand subject to prior and compulsory registration of the Internet user via his/her email address.
Provided that:
- Only the prefix of the email address, the handle/email address and/or Users' handle will appear on the Site and will allow to identify them as the authors of the comment posted on the Site;
- Users agree to provide reliable contact information to contact them if needed;
- In the event that the Users provide false, inaccurate, misleading or of a misleading nature information, the Producers reserves the right to suspend or deny access to the Site, without delay, to the Users on a temporary or permanent basis.
Users are solely responsible for the comments they post on the participative section of the Site. As such, they specifically agree not to:
- Violate, intentionally or not, any applicable law, whether at the local, regional, national or international level including:
a. any provision relating to privacy, intellectual property (including copyright, patents, trademarks), law of the press (including racial hate mongering, call to violence, revisionism or negationism, xenophobia, homophobia), as well as image rights;
b. computer fraud legislation;
c. public policy rules and morality, including regulations relating to pornographic and pedophile content;
d. the legislation applicable to minors.
- Substitute for a person, organization or any third party;
- Demonstrate aggressiveness or excessive violence in tone;
- Spread deliberately false information with the purpose to harm others or not;
- Send or submit any content that they do not have the right to transfer, including content subject to confidentiality clauses;
- Send or post comments that might contain viruses;
- Harass anyone and in any manner whatsoever, particularly by the repetition of identical or very similar messages
4.3 Moderation – THE COMMENT FUNCTION HAS BEEN DISABLED FOR USER’S ACCESSING THE SITE [THROUGH RTE.IE[W28] ]
The comments posted on the Site are moderated a posteriori with regard to the TC. The moderators of the Site reserve the right, without notifying the Users in advance, to delete all or part of any contributions that contravene these TC, or that might be against the law, and to exclude from the Site, temporarily or permanently, any Internet users who flagrantly or repetitively, and/or systematically violate them. The decisions of the moderators cannot be challenged. By posting a comment on the Site, Users agree to respect their authority at the same time as these provisions.
ARTICLE 5. INTELLECTUAL PROPERTY
All components of the Site (general structure, software, videoplayer, texts, images animated or not, sounds, know-how, etc.) as well as distinctive signs (logos, brands, etc.) are the property of Producers and/or its partners and are protected by copyright and intellectual property law, in the whole world.
As such and in accordance with the French Code de la propriété intellectuelle:
- any total or partial reproduction of the Site is strictly prohibited, except in the cases where it’s expressly defined by these TC.
- Users agree not to modify, copy, republish, transmit, sell or distribute in any manner whatsoever, the said Site or any of its components.
- No license or no other right than the right of consulting the Site shall be granted to anyone with regard to intellectual property rights.
ARTICLE 6. SITE MODIFICATIONS
The Broadcasters & Producers reserve the right to modify or discontinue access to the Site at any time, be it temporarily, sporadically or permanently, and with or without notice. By using the Site Users acknowledge that the Broadcasters & Producers are not responsible towards Users or any other party with respect to any modification, suspension or discontinuance of the Site and its participation zone.
ARTICLE 7. APPLICABLE LAW – JURISDICTION FOR DISPUTES
These Terms are governed by European Laws. Any dispute in connection with the existence, validity, interpretation and/or performance of the General Terms of this agreement, which are not resolved on an amicable basis, shall be submitted to the court of the defendant's place of residence.
ARTICLE 8. IDENTIFICATION
Generation What is a service provided by the Broadcasters & Producers.
Address :
RTÉ,
Donnybrook,
Dublin 4,
Ireland.
UPIAN
Siège social : 211 rue Saint-Maur 75010 Paris
RCS Paris B 421204538
Manager : Alexandre Brachet
Tel.: +33 (0)1 53 19 70 03
Contact : [email protected]
