These General Terms and Conditions of Use determine the rules for accessing the Website groupebayard.com (hereinafter the “Website”). By browsing this Website, you acknowledge, in your capacity as a user, that you are aware of its terms, accept them without reservation and comply with them.
1 – Personal data
a. Collection and use of your personal data
The BAYARD GROUP, to which BAYARD PRESSE belongs, complies with the French Data Protection Act no. 78 of 6 January 1978, as amended, as well as with Regulation (EU) 2016/679 of 27 April 2016 (the GDPR).
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 (Loi Informatique et Libertés), you are informed that BAYARD GROUP performs automated processing of your personal data, particularly when you log on to our Website or in connection with online forms completed by you.
On these occasions you may also be asked whether you wish to receive commercial offers from BAYARD GROUP or its partners. Pursuant to the French “Trust in the Digital Economy” Act, law No. 2004-575 of 21 June, if you do so wish, you must clearly express your consent by ticking a box confirming your agreement. Your email address cannot be sent to third parties unless you have expressly given your consent by ticking a box.
The personal data collected on the Website via trackers and cookies are intended for the BAYARD GROUP and its subsidiaries. Such personal data may be transmitted to third parties if you have given your prior consent to the sharing and/or disclosure of personal data, including through 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 of rectification, a right of limitation, a right of portability, a right of erasure and a right of opposition for legitimate reasons, with BAYARD PRESSE, the publisher of the said Website, by sending a letter to the following address : Bayard (CNIL), TSA 10065, 59714 Lille Cedex 9.
b. Implementation 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 active. 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 email 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 therefore obliged to first request your consent.
The following trackers and cookies are not concerned and may be deposited without your consent in accordance with the recommendations of the CNIL (French data protection agency):
- trackers to save your choice regarding the depositing of trackers (or your desire not to express a choice);
- trackers to identify you with a service that you have requested;
- trackers intended to memorise the content of a shopping cart on a merchant website;
- user interface customisation trackers (for example, for the choice of language or presentation of a service), when such customisation constitutes an intrinsic element expected by the service user;
- trackers used to balance the load on hardware contributing to a communication service;
- trackers used by websites with paywalls to limit free access to their content to a predefined quantity and/or over a limited period;
- audience measurement trackers that benefit from the consent exemption within the framework specified by Article 5 of the Guidelines on cookies and other trackers of 17 September 2020.
We draw your attention to the fact that we are not responsible for the implementation by the social network(s) to which you belong of third-party cookies on your computer. Social networks may place a cookie on your computer, which allows you to be identified, particularly when you use a feature allowing you to give your opinion on content or a publication. Our Website includes applications linked to various social networks (Facebook, Twitter, YouTube, Viadeo, etc.) called “social plugins” which allow us to offer you content recommendations. When you select a page on our Website containing 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 transmitted directly to your browser via the said social network and integrated into the Website. To review the purpose and scope of the data collection, processing and use of data by the social networking platforms you have joined, along with your rights and options to change preferences to protect your privacy, please consult the General Conditions of Use of the social network concerned. If you do not want a social network to collect data about you on our Website, log out of that social network before visiting our Website.
2 – Right of use Licence
Access to the Website gives you a private, non-collective and non-exclusive right of use to the content of said Website. Any networking and rebroadcasting, in any form whatsoever, is prohibited.
The right to reproduce is only for the purpose of representation on a single-workstation screen and is strictly reserved to your private use. If you wish to make commercial use of the information on this Website, you must seek express agreement from us. To do this, you can contact us by clicking here.
All materials published on the Website, including but not limited to texts, photographs, infographics and icons (hereinafter “the Materials”), constitute works in the meaning of the provisions of Article L112-1 of the Intellectual Property Code. Consequently, any representation or reproduction, in whole or in part, that may be made without the consent of their authors or their successors in title, is unlawful. You may not therefore modify, copy, transmit by email or in any other way, assign, download, post and, in general, exploit such Materials.
You therefore undertake:
- to download Materials to your computer exclusively for personal and time-limited use;
- to print downloaded Materials on paper only on condition that said print-outs and copies are strictly limited to personal use;
- not to reproduce the digital version of the Materials for press review purposes;
- not to alter, modify, move, remove or replace the editorial content (text and/or reproduction) of the Materials and/or the name groupebayard.com and/or the name of BAYARD PRESSE and/or the names of the authors of the Materials or their successors in title and/or any other information relating to the rights of BAYARD PRESSE and/or the authors of the Materials or their successors in title.
We remind you that the infringement of any of the copyrights of the publisher or of the authors of this Website constitutes a punishable offence in France in accordance with Article L.335-2 of the Intellectual Property Code and is subject to three years’ imprisonment and a fine of €300,000.
BAYARD PRESSE reserves the right, at its sole discretion and without prior notice, to make modifications, deletions or additions to the “General Terms and Conditions of Use” of the Website at any time, in order to take into account any legal, case law, editorial and/or technical changes. The version that prevails is the one that is accessible online. You are therefore advised to refer regularly to the latest version of the said General Terms and Conditions of Use.
BAYARD PRESSE also reserves the right to modify the characteristics 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 stop access to all or part of the Website for any reason whatsoever, including in particular 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 imperfections will be corrected.
BAYARD PRESSE reserves the right to send you, personally or to all users of the Website, emails to keep you informed of any changes, modifications or additions to the Website.
3 – Limitation of liability
You are solely liable for direct or indirect material or immaterial damage and loss if its cause, grounds or origin is use of the Website by you or by any person authorised by you to use this Website. Use means any use of the Website, whether fraudulent or not.
In this respect, you waive any claim or legal action relating to such damage and loss on grounds of the contractual liability of BAYARD PRESSE in its capacity as publisher of this Website or on any other grounds.
Minors are allowed to register for a certain number of the services offered on the Website, on the express condition that they have previously obtained authorisation from their parents (or the person exercising parental authority) to do so and to provide the information and email addresses to which any communication may be sent to them. The fact that they register implies that they have obtained this prior authorisation. BAYARD PRESSE reserves the right to require written evidence at any time, and to carry out all checks, as well as to delete any personal account the minor holder of which does not provide such evidence within five (5) days of the request, or such other period as may be advised. BAYARD PRESSE shall immediately delete any personal account upon receipt of a parental request to close the personal account and delete the related content.
BAYARD PRESSE warns those with parental authority about the diversity and nature of the content available on the Internet, some of which may be potentially harmful to minors. Parents are therefore encouraged to monitor their children when they connect. Parents and any person exercising parental authority are also reminded that it is their responsibility, on the one hand, to determine which services accessible on the Website their minor child is authorised to use and, on the other hand, to monitor the use that the latter makes 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. Consequently BAYARD PRESSE disclaims all liability in the event that the content of these websites contravenes the legal and regulatory provisions in force.
Furthermore, it should be noted that no hypertext link may redirect to the Website without the prior express authorisation of the publisher of the Website. In the absence of authorisation, such a link is considered to constitute the offence of infringement, the penalties for which have already been recalled above.
BAYARD PRESSE undertakes to use its best efforts to secure access to and consultation and use of the Materials in accordance with Internet usage rules. 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 outside the control of BAYARD PRESSE and subject to any breakdowns and maintenance interventions necessary for the proper operation of the Website and the Materials, which may be carried out without having notified you in advance.
Consequently, BAYARD PRESSE cannot be held liable in the following cases:
- temporary interruptions lasting a few minutes to update certain files;
- operating difficulties or temporary interruption of these services beyond the control of BAYARD PRESSE, particularly in the event of power outages or interruption of telecommunications services;
- temporary interruptions to services necessary for upgrades or maintenance;
- Internet network failure or malfunctions in the transmission of messages or documents.
You agree to accept the characteristics and limits of the Internet, and in particular you 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;
- that the communication of any access codes and more specifically your user name and password or, in general, any information deemed confidential, is carried out under your own responsibility;
- that it is your responsibility to take all necessary measures to ensure that the technical characteristics of your computer allow you to consult the Website;
- that 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;
- that downloading Materials implies unreserved acceptance of said Materials and of these General Terms and Conditions of Use.
5 – Special terms and conditions for social and community spaces (forum, chat, comments, etc.)
BAYARD PRESSE provides you with community spaces allowing Internet users to express themselves by posting, under their pseudonym, texts, photos and content (hereinafter referred to as “the Contributions”). In this respect, BAYARD PRESSE acts exclusively as host to the community spaces that 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 Law on Confidence in the Digital Economy of 21 June 2004. In this capacity, BAYARD PRESSE is required to hold and retain data to enable the identification of any person who has distributed content or Contributions through it, in the event that the judicial authorities so request, and to withdraw and or prevent access to illegal content as soon as it becomes aware of it. However, BAYARD PRESSE is not subject to a general obligation to monitor and control the information and content disseminated, or even to a general obligation to search for facts or circumstances revealing illegal activities.
Thus, you undertake to distribute only content to which you have the rights, or which the rights holder has expressly authorised you to distribute, or which is free of all rights. As a reminder, the Intellectual Property Code prohibits any representation or reproduction in whole or in part made without the consent of the author or the author’s successors in title.
BAYARD PRESSE does not accept any disruptive online activity, such as spamming, sending constantly off-topic messages or statements encouraging others to contravene these rules of conduct or to participate in illegal activities. The purposes of these spaces is for participants to take part in a discussion and express themselves in a positive context.
By distributing your various Contributions in these spaces, 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 are protected by copyright, you expressly assign to BAYARD PRESSE, free of charge, all intellectual property rights relating thereto and in particular the right to reproduce, represent and adapt, on any medium and in any format known or unknown to date, for the entire world and for the legal period of copyright protection thus allowing 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 no circumstances may BAYARD PRESSE be held liable for any alteration relating thereto. BAYARD PRESSE also undertakes to reproduce the Contributions with the pseudonym of their author as indicated by the latter.
You acknowledge that you are fully responsible for the Contributions that you publish in this section, and that these Contributions do not fall within the editorial activity of BAYARD PRESSE.
Consequently, BAYARD PRESSE shall not be held liable in the event that any of your Contributions should prove to be of an unlawful nature. You undertake to save BAYARD PRESSE harmless from any recourse and/or actions that any person may bring as a result of the dissemination of the Contributions on the Website. You will assume 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, debate of ideas, where friendliness and respect for others are paramount. Everyone must therefore respect the other contributors and the pluralism of opinions needed to keep the community going. Any Contribution containing verbal abuse, gratuitous mockery or vulgarities may fall within the scope of moderation and consequently be removed from the Website.
These Contributions shall not include content constituting or inciting the commission of acts punishable by law. You therefore undertake to comply with the ethical principles listed below, without this list being exhaustive:
- The Contributions must not infringe or be contrary to public order, morality or offend the sensitivity of minors;
- The Contributions must not in any way infringe the rights to the reputation, privacy and image of third parties;
- The 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 way 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 exhort war crimes or crimes against humanity;
- Contributions must not discriminate against any person or group of persons because of their ethnicity, religion, race, or sexual orientation or disability;
- Contributions must not incite any crime, offence or act of terrorism;
- The Contributions must not be pornographic or paedophile in nature;
- Contributions shall not affect the security or integrity of any State or territory;
- The Contributions must not infringe the intellectual property rights of any person whatsoever;
- Contributions must not include addresses or hyperlinks to external websites that are contrary to the laws and regulations in force;
- Contributions shall not offer the sale, gift or exchange of property stolen or derived from embezzlement, fraud, breach of trust or any other criminal offence;
- Contributions must not solicit funds, goods, services or offer advertising.
Any contribution that does not comply with these principles may be deleted by the Website moderator, or even be reported to the public authorities in accordance with the provisions of Article 6-1-7 of the Law of 21 June 2004 on Confidence in the Digital Economy.
We recommend that you do not share online with strangers any personal information about yourself that may identify you and, more generally, any sensitive or confidential data (postal address, telephone number, social security number, credit card number, driving licence number, age, etc.) that could be used against you or for illegal or harmful purposes. This applies 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 shall be made at your own risk, without BAYARD PRESSE being held liable. No agent, servant or employee of BAYARD PRESSE is authorised to request the following information from you, including in connection with your use of the services provided on this Website: surname, first name, address, credit card number, age.
6 – Advertising
For any contact regarding advertising for BAYARD PRESSE, click here.
7 – Application of french law
The Internet is by nature a global network, but as this Website is intended for a French audience, the rules applicable to all content and all data transmissions on and around the Website are determined by French law. In the event of a dispute, the French courts shall have sole jurisdiction.