TOU/GDPR
PREAMBLE
These General Terms of Use determine the rules for access to this platform of digital educational content, hereinafter referred to as the Platform.
By using this Platform, you acknowledge, in your capacity as a user, that you are aware of the terms, accept them without reservation and comply with them.
The Publishers of the Platform reserve the right, at their sole discretion and without prior notice, to modify, delete or add to these “Terms and Conditions of Use” at any time, in particular in order to take into account any legal, jurisprudential, editorial and/or technical developments. The version that prevails is the one that is accessible online.
You are therefore advised to refer regularly to the latest version of these General Terms of Use.
ARTICLE 1 - USER LICENSE
Access to this Platform grants you a non-exclusive, private and/or collective right to use it.
Your use of the Platform implies full acceptance of these General Terms of Use.
This use of the Platform must be in pursuit of educational objectives. Any commercial use of the Platform and its contents is strictly prohibited.
All content published on the Platform, including but not limited to texts, photographs, illustrations, graphics, computer graphics, maps, videograms, music, icons and software, hereinafter referred to as “Content”, may constitute works within the meaning of Article L.112-1 et seq. of the French Intellectual Property Code, or content protected by rights related to copyright within the meaning of Article L.211-1 et seq.
Pursuant to Article L. 122-4 of the Intellectual Property Code, any representation or reproduction in whole or in part without the consent of the author or his successors or assigns is unlawful. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
We also remind you that the violation of copyright constitutes an offence of counterfeiting punishable in France by three years imprisonment and a fine of 300,000 euros.
Similarly, the Intellectual Property Code punishes with three years imprisonment and a fine of 300,000 euros any fixation, reproduction, communication or making available to the public, whether in return for payment or free of charge, or any broadcasting of a performance, a phonogram, a videogram or a programme, without the authorisation of the holder of the rights, where this is required.
Consequently, you undertake to:
- Download the Content onto your computer only for personal or collective educational use in the classroom;
- Not to reproduce the downloaded Contents on any medium, in particular printed or digital, unless the said copies of the Contents are strictly limited to personal or collective educational use;
- Not to represent, disseminate or network, in any form or by any means, the Content outside the Platform;
- Not to adapt, modify, move, alter or remove the Content outside the aggregation, modification and customisation services offered by the Platform itself;
- Not to alter, modify, move, remove or replace the names of the Publishers of the Platform and/or the authors of the Content or their successors and/or any other information relating to the rights of the publishers and/or the authors of the Content or their successors.
ARTICLE 3 - PROTECTION OF PERSONAL DATA (RGPD and Data Protection Act)
In accordance with the provisions of the law known as “informatique et liberté” of 6 January 1978, and in accordance with the European regulatory law that came into force on 25/5/2018, General Data Protection Regulation (GDPR):
You are informed that the Publishers proceed to automated processing of your personal data, in particular when you connect to the Platform in a context requiring the collection of such personal data.
Personal data shall include any data that may identify a user.
The personal information you provide on the Platform may only be used by the Publishers.
3.1. Processing and purposes
We collect and use your personal information to facilitate your access to our services. The personal data you provide to Tralalere is not passed on to third parties outside the company.
These data are the following: email, password, level (primary, secondary, high school, university), region, subject of the message, message, profile (teacher, leader, community, parent, child), title of the courses, number of participants, level, date, answers, courses created, objective, level, multimedia support, decryptions.
This information is collected for the following purposes:
Creation of an account
Recording the email of the person who contacts Tralalere through the form
Any information related to the pathways
Analytics of the consultation of the pages
Management of requests for access, rectification and opposition rights.
Under no circumstances do we record on our site your personal information concerning payment by credit card.
3.2. Limitation and relevance
We undertake to limit our collection of data to that which is strictly necessary for the purpose of the envisaged processing, without which we would not be able to provide the service of the Platform in a qualitative manner.
3.3. Recipients
In order to ensure the best possible quality of service, we are required to communicate the data collected to various recipients, duly authorised for this purpose, namely
– Our internal services: technical and functional administrators involved in the development, improvement and maintenance of the Platform.
– Our teachers for data concerning the pupils for whom they are responsible.
– Our subcontractors:
Cloud-Infinity for server hosting.
Cloud Infinity Communications SAS, whose registered office is located at the following address 32 Boulevard de Vaugirard 75015 Paris. The host can be contacted at the following telephone number: +33 (0) 9 70 75 02 30 – https://www.cloud-infinity.com/fr The data collected and processed by the site are exclusively hosted and processed in France.
Cloud Infinity’s data controller also guarantees that no transfer of personal data outside the European Union will be made.
3.4. Storage of data
The data collected is stored in a secure manner and will be systematically destroyed 6 years to the day after the last connection if it concerns an order and 3 years if it concerns a non-commercial contact.
3.5 Your rights regarding your data
Any modification of personal data is your right and is possible at any time by accessing “my space”.
You may access and obtain a copy of the data concerning you, oppose the processing of this data, have it rectified or have it permanently deleted. You have the right to limit the processing of your data.
The Data Protection Officer (DPO) of TRALALERE is your contact for any request to exercise your rights on this processing.
Contact the DPO by e-mail: dpo@tralalere.com
Contact the DPO by post:
The Data Protection Officer
TRALALERE
4 rue de Braque
75003 Paris
Understanding your rights to information technology and civil liberties
3.6 Security
We implement all technical and organisational measures that are appropriate to the nature of the personal data you entrust to us, and the risks presented by their processing – in order to preserve the security of your data and prevent it from being distorted, destroyed, damaged, or accessed by unauthorised third parties.
To this end, we implement technical measures such as firewalls; organisational measures such as a unique identifier and password system for each of our employees, whether internal or external; physical protection measures, etc.
The site has an SSL certificate to ensure that the information and data transfer through the site is secure.
The purpose of an SSL certificate (“Secure Socket Layer” Certificate) is to secure the data exchanged between the user and the site.
3.7 Complaints to the CNIL
If you believe, after having contacted us, that your rights with regard to your data are not being respected, you may submit a complaint to the CNIL.
3.8. Minors
In accordance with the revised version of the French Data Protection Act, which transposes the requirements of the RGPD into French law and sets the “digital age” at 15 years, and in order to protect the personal data and privacy of minors, we require the consent of the person holding parental authority for the collection of all data concerning minors under 15 years of age.
ARTICLE 4 - HYPERTEXT LINKS AND COOKIES
The Platform contains a number of hyperlinks to other sites (partners, information, etc.). However, the owner of the site does not have the possibility of checking the content of the sites visited in this way and therefore declines all responsibility for the possible risks of illicit content.
The user is informed that during his visits to the Platform, one or more cookies may be automatically installed on his computer. A cookie is a small file which does not allow the user to be identified, but which records information relating to the navigation of a computer on a site. The data thus obtained is intended to facilitate subsequent browsing on the Platform, and is also intended to enable various traffic measurements.
- session identifier” cookies, for the duration of a session
- authentication cookies
- audience measurement cookies (analytics)
pages consulted
searches on the site
downloads
geographical origins
devices
browser
timestamp
user ID
resources accessed
site referer
outputs
operating system
mobile model and brand
- persistent cookies for customising the user interface (choice of language or presentation).
In addition, the parameter setting of the navigation software allows the user to be informed of the presence of cookies and, if necessary, to refuse them in the manner described at the following address: https://www.cnil.fr/fr/les-conseils-de-la-cnil-pour-maitriser-votre-navi…
Refusing to install a cookie may make it impossible to access certain services. However, the user can configure his computer to refuse the installation of cookies. They can also delete them from their browser after accepting them.
ARTICLE 5 - LIMITATION OF LIABILITY
You are solely responsible for any direct or indirect, material or immaterial damage or harm caused, based on or originating from the use of the Platform by you or any person authorised by you to use the Platform. By use, we mean any use of the Platform whatsoever, whether fraudulent or not.
As such, you waive any claim or legal action relating to such damages, whether based on the contractual liability of the Platform Publishers or any other basis.
Minors may access the Platform provided they have obtained prior consent from their parents (or legal guardian) to do so and to provide the information and email addresses to which communications may be sent. Their registration implies that they have obtained such prior permission, which is expressly required on the Platform at the time of registration.
The Platform Editor(s) reserves the right to request written proof of this 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 such proof within five (5) days of the request, or within any other time period allowed. The Platform Editor(s) will immediately delete any personal account upon receipt of a parental request to close the personal account and delete the related content.
The Platform Provider(s) will use its (their) best endeavours to ensure that access to, and use of, the Platform is secure.
Consequently, the Platform Publishers cannot be held liable in the following cases
Temporary interruptions for the updating of certain files;
Operating difficulties or momentary interruption of these services beyond the control of the Platform Editors, in particular in the event of interruption of electricity or telecommunication services;
Temporary interruptions of services necessary for their development or maintenance;
Failure or malfunction in the transmission of messages or documents.
ARTICLE 6 - SPECIAL CONDITIONS FOR SOCIAL AND COMMUNITY SPACES (FORUM, COMMENTS, ETC.)
The Platform Publishers provide you with dedicated social networking spaces and tools for free communication between Platform users, as well as for sharing contributions and content. In this respect, the Platform Publishers act exclusively as hosts of the community spaces they make available to you and their responsibility is therefore that of a technical service provider as defined in Article 6.I-1 of the French law on Confidence in the Digital Economy of 21 June 2004. Parents are invited to monitor the use of these community spaces by their children who are minors.
The community spaces are discussion areas allowing you to post opinions and information on specific topics.
The Platform Editors undertake to take the utmost care of your contributions, but cannot be held responsible for any alteration to them. They also undertake to reproduce your contributions with the mention of 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 are not part of the editorial activity of the Platform’s Publishers.
Accordingly, the Platform Editors shall not be liable for the unlawful nature of your contributions. You guarantee the Publishers of the Platform against any recourse and/or action that any person may bring as a result of the publication of your contributions on the Platform. You will assume all charges and payments that may be due or claimed from these same persons, whatever the cause or reason.
We remind you that the forums and other community spaces are places of exchange and debate of ideas, where conviviality and respect for others are paramount.
Everyone must therefore respect the other contributors and the pluralism of opinions necessary for the animation of the community. Any contribution containing verbal aggression, gratuitous mockery or vulgarity may be subject to moderation and consequently removed from the Platform.
These contributions may not include content constituting or inciting the commission of acts punishable by law. You therefore undertake to respect the ethical principles listed below, without this list being exhaustive:
The contributions must not undermine or be contrary to public order, morality or offend the sensibilities of minors;
Contributions must not in any way infringe the rights to reputation, privacy or image of third parties;
The contributions must not be denigrating, defamatory, insulting, obscene, violent, racist, xenophobic, or in any way prejudice the image or reputation of a brand or of any natural or legal person;
The contributions must not be used to threaten or harass in any way whatsoever;
Contributions must not incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, or glorify war crimes or crimes against humanity;
Contributions must not incite discrimination against any person or group of persons on the grounds of their ethnicity, religion, race, sexual orientation or disability;
Contributions must not incite to commit a crime, an offence or an act of terrorism;
Contributions must not be pornographic or paedophilic in nature;
Contributions must not undermine the security or integrity of any state or territory;
Contributions must not infringe the intellectual property rights of any person.
Any contribution that does not comply with these principles may be deleted by the Platform moderator, or even 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.
In accordance with article 6 – I of the law of 21 June 2004 for Confidence in the Digital Economy, the Publishers of the Platform are bound, in their capacity as content hosts, to the following obligations:
1. 1. To hold and keep the data likely to allow the identification of any person who has disseminated content through the Platform, in the event that the legal authorities should request it,
2. 2. Remove and/or prevent access to illegal content as soon as it becomes aware of it.
However, the Publishers of the Platform are not subject to a general obligation to monitor and control the information and content disseminated, or even to a general obligation to seek facts or circumstances revealing illegal activities.
Thus, you undertake only to disseminate content for which you have the rights, for which the holder of the rights has expressly authorised you to disseminate them or which are free of all rights. As a reminder, the Intellectual Property Code prohibits any representation or reproduction, in whole or in part, without the consent of the author or his beneficiaries.
In addition, you must not under any circumstances offer on this section the sale, donation or exchange of stolen goods or goods resulting from misappropriation, fraud, breach of trust or any other criminal offence.
The Platform may not be used to solicit funds, goods, services or advertising or to distribute or publish information or data of a commercial nature. More generally, it may not be used for commercial purposes.
You undertake not to insert addresses or hyperlinks on the contributions that refer to external sites that are contrary to the laws and regulations in force, that infringe the rights of third parties or that are contrary to these General Terms of Use.
The Platform Publishers do not accept any disruptive online activity, such as spamming, sending messages that are continuously off-topic or statements that encourage others to violate these rules of conduct or to participate in illegal activities. It is about participants taking part in a discussion and expressing themselves in a positive context.
ARTICLE 7 - APPLICATION OF FRENCH LAW
The rules applicable to the use of the Platform and to all the Content and information it contains are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.