These General Terms and Conditions of Use set out the rules for accessing the Site groupebayard.com (hereinafter the “Website”). By browsing this Website, you acknowledge, in your capacity as user, that you have read the terms and conditions thereof, unconditionally accept them and comply with them.
1 – Personal data
a. Collection and use of your personal data
Bayard Group, to which Bayard Presse belongs, complies with the French Data Protection Act No. 78 of 6 January 1978 as amended, and Regulation 2016/679 of 27 April 2016.
As Data Controller under the French Data Protection Act, Bayard Group is responsible for the personal data it collects.
In accordance with the provisions of the French Data Protection Act, you are informed that Bayard Group automatically processes your personal data, in particular when you log on to our Website or as part of the online forms which you complete.
You may also be asked if you would like to receive commercial offers from Bayard Group or its partners. In accordance with the French “Trust in the Digital Economy” Act No. 2004-575 of 21 June 2004, you must clearly express your consent by ticking a box confirming your agreement.
The personal data collected is for Bayard Group and its subsidiaries. Your personal data may be transferred to third parties when you have granted your prior consent for the sharing and/or disclosure of personal data, including via the features offered by the Website.
In accordance with applicable legal and regulatory provisions, the processing of your data may give rise to the exercise of a right of access, a right to rectification, a right of limitation, a right of portability, a right to erasure and a right to object on legitimate grounds, with Bayard Presse, the publisher of said Website, by sending a message to the following address: Bayard (CNIL), TSA 10065, 59714 Lille Cedex 9.
b. Use of “Cookies”
A cookie is a text file that stores information on your web browsing. This file, placed by a server when you visit a website, is saved on the user’s hard disk and cannot either contain a virus or be executed. It is not an active file. Moreover, you can read it, delete it or change it. A cookie cannot be used to retrieve personal data from your hard disk, read your e-mail address or obtain personal information.Why “Cookies” ?
Pursuant to the Order of 24 August 2011 on the application of European directives on the protection of online privacy, a cookie cannot be stored on your computer without your prior consent (except where permitted by law). Bayard Group is consequently obliged to obtain your prior consent, which is valid for at most 13 months. Some cookies are, however, exempt from this requirement of consent:
- If the cookie is used for the sole purpose of carrying out the transmission of a communication;
- If the cookie is strictly necessary in order for the provider of an online communication service explicitly required by the user to provide that service.
In accordance with the Order of 24 August 2011 on the application of European directives on the protection of online privacy, a cookie cannot be stored on your device without your prior consent.
Bearing this in mind, we hereby inform you that you can change your browser settings to block cookies being stored.
Each browser manages cookies and your preferences in a different way. Use the help menu on your browser to find out how to change your cookie preferences.
- Safari : https://support.apple.com/kb/PH19214?locale=fr_FR&viewlocale=fr_FR
- Opera : http://help.opera.com/Windows/10.20/fr/cookies.html
- Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en
- Internet explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- FireFox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies?redirectlocale=fr&redirectslug=Activer+et+d%C3%A9sactiver+les+cookies
The “Youronlinechoices” platform, funded by the Internet advertising industry in the form of the European Digital Advertising Alliance (EDAA) and managed in France by Interactive Advertising Bureau France, allows you to refuse or accept the Cookies used by member companies to tailor the adverts you may see on your device to your browsing information: http://www.youronlinechoices.com/fr/controler-ses-cookies/.
Please note that your preferences will not stop adverts being displayed but will block technologies designed to tailor advertising to your areas of interest.
When you visit our websites and you have not consented to cookies being stored during the 13 months preceding your visit, a banner appears and asks you to consent to cookies being stored. Following your express consent, cookies are stored to enable optimal access to the website. For example, cookies make it possible to identify you and allow you to access your customer account. However, please note, that regardless of whether you accepted or refused cookies, your preference can only be recorded if you use the same browser and have not deleted your browsing history in the meantime.! Warning ! Third-party cookies
Please note that we are not responsible for the placing of third-party cookies on your computer by the social network(s) to which you belong. Social networks may place a cookie on your computer that allows you to be identified, particularly when you use a feature that allows you to give your opinion on content or a publication. Our Website includes applications linked to the various social networks (Facebook, Twitter, YouTube, Viadeo, etc.) known as “social plugins” that allow us, in particular, to offer you content recommendations. When you select a page on our Website that contains one of these plugins, your browser establishes a direct link to the servers of the social network concerned. The content of the plugin will be sent directly to your browser by said social network and integrated into the Website. To review the purpose and scope of the data collection, data processing and use by the social media platforms you have joined, along with your rights and options to change preferences to protect your privacy, please consult the General Terms and Conditions of Use of the social network concerned. If you do not want a social network to collect data about you on our Website, disconnect from said social network before visiting it.
2 – Licence to use
Access to the Website entitles you to private, non-collective and non-exclusive use of the content of said Website. All networking and re-broadcasting, in form whatever, are prohibited.
The right to reproduce is only for the purpose of display on a single workstation screen and is strictly reserved for your private use. If you wish to make commercial use of the information on this website, you must request our express agreement. To do this, you can contact us by sending a message to this address.
All materials published on the Website, including but not limited to texts, photographs, graphics and icons (hereinafter “the Materials”), constitute works within the meaning of the provisions of Article L112-1 of the French Intellectual Property Code. Therefore, any representation or reproduction, in whole or in part, that may be made without the consent of their authors or assigns, is illegal. You may not consequently modify, copy, send by e-mail or in any other way, assign, download, display and, in general, exploit these Materials.
You therefore agree to:
- only download the Materials to your computer for personal, time-limited use;
- print the downloaded Materials on paper, provided that said copies are strictly limited to personal use;
- not reproduce the digital version of the Materials for press review purposes;
- not alter, modify, move, remove or replace the editorial content (text and/or reproduction) of the Materials and/or the groupebayard.com name and/or the name of Bayard Presse and/or the authors of the Materials or their assigns and/or any other information relating to Bayard Presse’s rights and/or the authors of the Materials or their assigns.
We remind you that breach of copyright of the publisher or authors of this Website constitutes an infringement offence sanctioned in France by Article L335-2 of the French Intellectual Property Code and punishable by three years’ imprisonment and a fine of €300,000.
Bayard Presse reserves the right, at its sole discretion and without prior notice, to modify, delete or add information to the “General Terms and Conditions of Use” of the Website, at any time, in particular in order to take into account any legal, case law, editorial and/or technical changes. The prevailing version is the version available online. You are therefore advised to regularly refer to the latest version of the General Terms and Conditions of Use.
Bayard Presse also reserves the right to modify the features or content of the Website. It may also restrict access to certain sections of the Website, without prior notice.
Bayard Presse may, at its sole discretion, suspend, interrupt or withdraw access to all or part of the Website for any reason whatsoever, including non-compliance with the Website’s “General Terms and Conditions of Use”. It does not warrant that the Website is error-free or that all defects will be corrected.
Bayard Presse reserves the right to send you, personally or to all users of the Website, e-mails in order to keep you informed regarding changes, modifications or additions to the Website.
3 – Limitation of liability
You are solely liable for any material or immaterial damage and harm, whether direct or indirect, if it is caused, based on or caused by your use of the Website or by any person authorised by you to use this Website. Use means any use of the Website, whether fraudulent or non-fraudulent.
As such, you waive any claim or legal action relating to such damage and harm, on the basis of Bayard Presse’s contractual liability in its capacity as publisher of this Website or on any other basis.
Minors are allowed to register for a certain number of services offered on the Website, on the express condition that they have obtained prior permission from their parents (or the person exercising parental authority) to do so and provide the information and e-mail addresses to which any communication may be sent to them. The fact that they register means that they have obtained this prior permission. Bayard Presse reserves the right to request written proof thereof at any time, and to carry out any checks, as well as to delete any personal account for which the minor holder does not provide said proof within five (5) days of the request, or within any other period granted thereto. Bayard Presse will immediately delete any personal account, upon receipt of a parental request to close the personal account and delete the related content.
Bayard Presse cautions persons with parental authority about the diversity and nature of the content available on the Internet, which may cause harm to minors. Parents are therefore encouraged to monitor their children when they log in.
The parents and any person exercising parental authority are also reminded that it is their responsibility, first, to determine which services accessible on the Website their minor child is authorised to use and, second, to monitor his/her use of these services.
Hypertext links may link to websites other than the Website. By clicking on these links, you leave the Website and end up on websites over which Bayard Presse has no control. Therefore, the latter disclaims any liability in the event that the content of these websites infringes legal and regulatory provisions in force.
Furthermore, it is highlighted that no hypertext link may return the user to the Website without the prior express permission of the publisher of the Website. In the absence of permission, such a link is considered to constitute an offence of infringement, for which the penalties are stated above.
Bayard Presse undertakes to use its best efforts to secure access, consultation and use of the Materials in accordance with the rules of use of the Internet. Access to the Website is possible twenty-four (24) hours a day, seven (7) days a week except in the event of force majeure or an event beyond the control of Bayard Presse and subject to any breakdowns and maintenance work required for the proper operation of the Website and the Materials, which may be carried out without you having been notified in advance.
Therefore, Bayard Presse may not be held liable in the following cases:
- Momentary interruptions lasting a few minutes to update certain files;
- Difficulties in the operation or temporary interruption of these services independently of Bayard Presse’s wishes, particularly in the event of an interruption in electricity supply or telecommunications services;
- Temporary service interruptions required for upgrades or maintenance;
- Internet failure or malfunctions in the transmission of messages or documents;
You acknowledge that you accept the features and limitations of the Internet, and in particular acknowledge that;
- you are aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information/data;
- it is your own responsibility to provide any access codes, your username and password or, in general, any information deemed confidential;
- you are responsible for taking all necessary measures to ensure that the technical features of your computer allow you to consult the Website;
- it is your responsibility to take all appropriate measures to protect your own data and/or software from contamination by any viruses circulating through the Website;
- it is specified that downloading the Materials implies unconditional acceptance of said Materials and of these General Terms and Conditions of Use.
4 – Subscription
For any information concerning your subscription, please read the provisions of the General Terms and Conditions of Sale here :
Bayard Jeunesse : https://e-bayard-jeunesse.com/cgu-bj/
Bayard : https://librairie-bayard.com/cgu/
Milan : http://www.milan-abo.com/netful-presentation-magellan/default/T12.html
5 – Special terms and conditions of social and community (forum, chat, comments, etc.)
Bayard Presse provides dedicated spaces and tools for social networks reserved for free communication between Internet users, as well as for sharing contributions and content. In this respect, Bayard Presse acts exclusively as a host of the community spaces it makes available to you and its responsibility is therefore that of a technical service provider as defined in Article 6.I-1 of the French Trust in the Digital Economy Act of 21 June 2004. Parents are asked to monitor the use of these community spaces by their minor children.
a. Community spaces are discussion areas where you can submit opinions and information on specific topics.
The features for sharing and recommending content from social networks allow us to recommend articles on our Website. When you use these features, your browser establishes a direct link to the servers of the social network concerned. The sharing and/or recommendation of content available on the Website therefore appears on it and on your profile of the social network concerned. We remind you for all intents and purposes that the contributions (hereinafter referred to as the “Contributions”) resulting from the use of these features are governed by the general terms and conditions of use of the network in question, and are not in any way our responsibility.
By distributing your various Contributions on these areas or via the features described above, you authorise Bayard Presse to use and reproduce all or part of the Contributions, in the sections of the Website and in the eponymous magazine published by Bayard Presse. In the event that these Contributions can be protected by copyright, you expressly assign all intellectual property rights relating thereto to Bayard Presse, for no charge, and in particular the right of reproduction, representation and adaptation, on any media and in any format known or currently unknown, for the entire world and for the legal term of copyright protection, thereby enabling Bayard Presse to use and reproduce all or part of the Contributions, in the sections of the Website and in the eponymous magazine published by Bayard Presse.
Bayard Presse undertakes to take the greatest care of the Contributions, but may not under any circumstances be held liable for any alteration relating thereto. Bayard Presse also undertakes to reproduce the Contributions using the pseudonym of their author as indicated by the latter.
b. You acknowledge that you are fully liable for the Contributions you publish under this section, and that such Contributions are not part of the editorial activity of Bayard Presse.
Therefore, Bayard Presse may not be held liable for the unlawful nature of your Contributions. You shall hold Bayard Presse harmless from and against any claim and/or action that any person may bring as a result of the distribution of the Contributions on the Website. You will bear all charges and payments that may be due or claimed in respect of these same persons regardless of the cause or reason.
We remind you that forums, chats and other community spaces are places of exchange and debate of ideas, where friendliness and mutual respect are paramount. Everyone must therefore respect the other contributors and the difference of opinions needed to coordinate the community. Any Contribution involving verbal abuse, gratuitous mocking or vulgarity may be moderated and consequently be removed from the Website.
These Contributions must not include content that constitutes or encourages the commission of actions punishable by law. You therefore undertake to comply with the ethical principles listed below, without this list being exhaustive:
- Contributions must not infringe or be contrary to public order, morality or offend the sensitivities of minors;
- Contributions must not infringe in any way the rights to reputation, privacy and image of third parties;
- Contributions must not be disparaging, defamatory, insulting, obscene, violent, racist, xenophobic, harm the image and reputation of a brand or any natural or legal person, in any manner whatsoever;
- Contributions must not be used for threats or harassment in any way;
- Contributions must not incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, or condone war crimes or crimes against humanity;
- Contributions shall not incite discrimination against any person or group of persons on grounds of ethnicity, religion, race, sexual orientation or disability;
- Contributions must not encourage the commission of a crime, offence or act of terrorism;
- Contributions must not be pornographic or paedophile in nature;
- Contributions must not affect the security or integrity of any State or territory whatsoever;
- Contributions must not infringe the intellectual property rights of any person.
Any contribution that does not comply with these principles may be removed by the Website moderator, or even be reported to the public authorities in accordance with the provisions of Article 6-1-7 of the Act of 21 June 2004 for Trust in the Digital Economy.
In accordance with Article 6 of the Act of 21 June 2004 for Trust in the Digital Economy, Bayard Presse is bound, in its capacity as content hosting provider, by the following obligations:
- Possess and retain data to enable the identification of any person who has published content via it, in the event that the judicial authorities so request,
- Remove and/or prevent access to unlawful content as soon as they become aware of it.
However, Bayard Presse is not subject to a general duty to monitor and control the information and content published, or even a general duty to search for facts or circumstances revealing unlawful activities.
Thus, you undertake to only distribute content for which you have rights, for which the rights holder has expressly permitted you to distribute it or which is free of all rights. As a reminder, the French Intellectual Property Code prohibits any representation or reproduction, in whole or in part, made without the consent of the author or its legal assigns.
Furthermore, under no circumstances must you offer in this section the sale, donation or exchange of goods stolen or resulting from misappropriation, fraud, breach of trust or any other criminal offence.
This section may not be used to solicit funds, goods, services or advertising or to distribute or publish commercial information or data. More generally, they cannot be used for commercial purposes.
You undertake not to insert into the Contributions addresses or hypertext links referring to external websites that are contrary to the laws and regulations in force, infringe the rights of third parties or are contrary to these General Terms and Conditions of Use.
Bayard Presse does not accept disruptive online activities, such as spamming, sending continually irrelevant messages or statements encouraging others to violate these rules of conductor or participate in illegal activities. We expect participants to take part in a discussion and to express themselves in a positive context.
In accordance with the provisions of Article 6-I-7. paragraphs 3 and 4 of the Act for Trust in the Digital Economy of 21 June 2004, you have the possibility on the forum to report the publication of any Contribution of which you may be aware, which is not related to the subject discussed, the editorial line and/or which would contravene the laws and regulations in force and, in particular, which would fall within the scope of the offences provided for in Articles 24, paragraphs 5 and 8 of the French Press Act of 1881 and 227-23 of the French Criminal Code, such as an apology for crimes against humanity, incitement to racial hatred and child pornography.
This option may be exercised by clicking on the [“! Alert” or “report abuse”] link accessible on all the pages of this section, which will redirect you to a window allowing you to send a specific message to the Website moderator team.
We recommend that you do not share any personally identifiable information with an unknown person online and more generally any sensitive or confidential data (postal address, telephone number, social security number, credit card number, driving licence number, age, etc.) and which could be used against you or for illegal or harmful purposes. This is the case even when this disclosure is requested by a person with whom you interact, even if this person presents himself or herself as being authorised by Bayard Presse or any other company. In any event, such disclosure would be at your own risk, without the liability of Bayard Presse being incurred. No agent, employee or member of staff of Bayard Presse is authorised to request the following information from you, including in the context of your use of the services made available on this Website: surname, forename, address, credit card number, age.
6 – “Blogs” section
Please read the terms and conditions of use for Bayard Presse blogs.
7 – Application of french law
The Internet is by nature a global network, but since this Website is intended for a French audience, the rules applicable to all content and all transmission of data on and around the Website are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.