GENERAL TERMS OF USE OF THE ONLINE MULTIMEDIA LIBRARY TOURISME EN VIENNE
Consulting and using images, videos and other data provided by the Poitou Attractivity and Creativity Agency "Agence de créativité et d’attractivité du Poitou" (ACAP) and all tourist offices of the Vienna department available on https://mediatheque.tourisme-vienne.com implies full and complete acceptance of the terms hereof.
These general terms of use are specifically subject to the provisions of the Intellectual Property Code.
Access to data is exclusively granted to legal and physical persons working towards promoting attractiveness and tourism in the Vienne department.
Pictures, videos and other documents collected from the multimedia library cannot be used for commercial purposes (especially for resale), irrespective of the circumstances.
Unless previously authorised by the "Agence de créativité et d’attractivité du Poitou", partial or total representation of this site and its content, by any means whatsoever, is prohibited and constitutes an infringement sanctioned by articles L. 335-2 and subsequent articles of the Intellectual Property Code.
Conditions of access
All users have free access to the multimedia library.
Users can access the multimedia library and some of its contents, as determined by ACAP, without need to create an account. However, access to some other contents of the library, as determined by ACAP, will be conditioned by the creation an account beforehand, under the following conditions:
Access with no account
Users accessing the multimedia library without creating an account can view and download contents within the “Free access” space with a compulsory implication, for personal use, comprised of a limited and predefined selection of pictures, chosen by ACAP and the department's tourist offices.
Access with an account
Users willing to enjoy extensive access to the multimedia library’s contents must create an account under the following conditions. Users must file a registration request via the “Registration” tab, by filling out all the fields on the form provided for this purpose and tick the box to accept the general terms of use when accessing the site. The account will become operational only after ACAP validates the relevant registration request.
ACAP reserves the right to reject any user's registration request, by simple notification to the latter, without having to justify such rejection to the concerned user.
Accounts may be created by various categories of users, as listed below:
- tourism service providers;
- press;
- institutional partners;
- communication agencies;
- tour operators and travel agencies;
- bloggers and influencers;
- private partners;
- others: anyone who does not fit into any the above categories.
When creating an account, the applying user must indicate their category.
The scope of rights granted to users on contents is determined by the category to which they belong after creating their account, as stated below.
If ACAP validates a user's registration request, this user’s account will be created and the latter will receive a registration confirmation email which will enable them access the multimedia library contents opened to their category.
ACAP reserves the right to delete any account with false, incorrect or obsolete information provided by the user concerned.
Account information
User ID and password are confidential for all users.
To comply with User ID and password confidentiality requirements, the user agrees not to give their user ID and password to any third party, for any reason whatsoever. They further agree to notify ACAP immediately, in any event of proven or suspected loss and/or theft of these credentials.
If the user loses their password, they should click on the section “forgot password.” The password will then be sent by email to their communicated email address, for login, as soon as possible.
The user can change their information at any time, by clicking on the section “My Account.”
The user alone is responsible for all information they provide on their profile when creating an account.
The user alone is responsible for any prejudice that they may suffer or cause due to inaccurate, incomplete and/or misleading information that they provide when creating an account or in the event of failure to update such information. ACAP shall in no case be held responsible for any such prejudice.
Authorised scope of use of the multimedia library
The pictures and videos displayed on the website https://mediatheque.tourisme-vienne.com are exclusively destined to full or partial illustration of the department on paper and digital communication tools for free of distribution or in press articles.
Authors' moral right is inviolable, and all videos and pictures published must bear the following: “© photo credit / name of author.”
Moreover, the user agrees to respect all instructions and restrictions specified in the media captions indicated on the website of the multimedia library.
The media contents made available are owned by their author or their beneficiaries. Users are entrusted with reproduction and/or representation rights only, under the conditions set out in these General Terms of Use. Users or third parties are strictly prohibited from duplicating media contents. They are strictly prohibited from editing pictures, videos and any document downloaded, in any way whatsoever, unless previously authorised by ACAP in writing.
These pictures cannot be sold, but may be subject to loans exclusively.
Data (pictures, videos and other documents) retrieved from the multimedia library should be used exclusively in respect of the rights granted. The user is strictly prohibited from sharing the downloaded contents with anyone, unless previously authorised to do so by ACAP in writing.
ACAP and the department’s tourist offices hold the rights to use the loaned media contents. However, ACAP is not responsible for any recourse, prosecution, claim or request from any person, particularly in respect to the image rights of a person featuring in such media contents, nor for the production, reproduction, publication, telecommunication and public broadcast of any media contents, after modification, by the user.
Proof of publication
Once a user has used data in compliance with the above conditions, they agree to send proof of publication to ACAP as soon as possible by e-mail to mediatheque@tourisme-vienne.com or by post at the following address:
Agence de Créativité et d'Attractivité du Poitou
33 place Charles de Gaulle - CS 20287
86007 Poitiers Cedex
Duration and termination
Duration
Theses GTU are set for an indefinite period. They shall become effective as from their acceptance by the user.
Termination
The user can terminate their consent to the GTU hereof at any moment, without prior notice, by deleting their account and/or stopping to use the multimedia library.
In case the user breaches one or many of their obligation(s) under the GTU hereof, without prejudice to any civil and/or criminal sanctions applicable as a result of a violation of third parties rights that such user may expose themselves to, ACAP reserves the right to terminate the user's access to the multimedia library, including by means of an immediate suspension or closing or the user's account, thus denying access to the user concerned, without prejudice to any damages ACAP may claim.
Update and modification of the General Terms of Use
ACAP reserves the right to modify all or part of these GTU at all times without prior notice.
In this event, ACAP shall notify the user, by e-mail or through the multimedia library, of any emendation of these GTU as soon as the latest version is uploaded on the multimedia library.
Users will have a period of twenty-four (24) hours, as from the date and time of notification of the new GTU, to inform ACAP of any disapproval of the new GTU by e-mail.
Failure to notify their disagreement within the period stated above, users will be considered to have accepted the changes to the GTU and any subsequent use of the multimedia library by the user will be governed by the new GTU.
Personal data processing
Pursuant to the General Regulation 2016/679 of the European Union of 27 April 2016 on the protection of physical persons with regard to personal data processing and the free communication of these data, known as General Data Protection Regulation (GDPR), the personal data which users are required to provide to ACAP on the multimedia library at opening of their account to address information or enquiry needs are collected and processed in a fair and lawful manner and processed exclusively to manage the multimedia library. Personal data provided by the user when opening an account is kept in the administrator file.
Data collected are as follows:
- Title
- Name
- Surname
- Company/Organisation
- Category: Tourism service provider/Press/Institutional/Communication agency/Tour Operator and travel agency/Blogger and Influencer/Private partner/Other
- Address
- Postal code
- Town
- Country
- Phone
- Projected use of the media contents
- Download history on the multimedia library
Right to deletion
Every user therefore has the right to download or request deletion of their personal data at any time, and ACAP is obliged to delete all such data. In this respect, the user can go to the "My account" section, accessible once they log in, and click on the "delete my account" button. Once this action completed, the multimedia library will immediately become inaccessible to the user, who will receive an e-mail notification. Their account will be permanently deleted within 72 hours.
Right to rectification - update and modification
Users also have the possibility to modify their information with a password verification manager.
Rights of access and duplication
Generally, users have the right to request confirmation as to whether their data is being processed or not.
They equally have the right to access their data, that is the right to obtain all information relating to the processing of their personal data.
In this event, the user must make their request themselves and ascertain that there are no doubts as to their identity. Alternatively, ACAP reserves the right to request any information that would enable identify the applicant, such as the copy of an identity document.
Users have the right to request a copy of their personal data under processing. However, if an additional copy is required, we may request clients, partners and prospects to pay for the expenses incurred to provide such copies.
Except requested otherwise, if users submit their demand for duplication of data electronically, the information requested will be provided in a commonly used electronic format.
Users are informed that this right to access is not applicable to confidential information or data or those whose disclosure is prohibited by the law.
The right of access must not be exercised abusively, that is on a regular basis, with the sole aim of destabilising the service concerned.
Right to restriction
Users are informed that this right is not intended to apply, as data processing operations are lawful and that all personal data collected are necessary to implement the purposes of the processing thereof.
Right to data portability
ACAP grants claims for data portability in the specific case of data provided by users themselves on our online services and for purposes exclusively based on the consent of individuals and the performance of a contract. In this case, data shall be provided to the applicant in a structured, commonly used and computer-readable format.
Automated individual decision-making
ACAP does not undertake any automated individual decision-making.
Post-mortem right
Users are informed that they have the right to formulate guidelines for the conservation, deletion and communication of their data after their death.
Exercise of rights
The exercise of the aforementioned rights is carried out, at the discretion of the interested party and sent by e-mail or by post to the following address: dpo-poitou.tourisme@racine.eu or Mr. Eric BARBRY, of the Racine law firm located at 40, rue de Courcelles in Paris 75008 FRANCE.
Further provisions
Optional or mandatory nature of fields
Users are informed of the mandatory or optional nature of fields to by an asterisk on each personal data collection form provided to them.
Right of use
Users grant ACAP the right to use and process their personal data for the purposes set out above.
However, the substantial data resulting from the processing and analysis of data by ACAP, otherwise known as substantial data, remains ACAP's exclusive property (usage analysis, statistics, etc.).
Subcontracting
ACAP informs that it may involve any subcontractor of its choice in the processing of the personal data. In this case, ACAP shall ensure that the subcontractor complies with the obligations under the GDPR.
ACAP undertakes to sign a written contract with all its subcontractors and subject them to the same data protection obligations as those imposed on itself. In addition, ACAP reserves the right to audit its subcontractors to ensure that they comply with the provisions of the GDPR.
Data breach
In the event of a personal data breach, ACAP undertakes to notify the CNIL (Commission nationale de l'informatique et des libertés) in accordance with the provisions set out in the GDPR.
If the breach poses high risks to users and if the data has not been protected, the affected users will be notified and provided with the necessary information and recommendations.
Contacts
Data Protection Officer
ACAP has appointed Mr Eric BARBRY, of the Law firm Racine located at 40, rue de Courcelles in Paris 75008 FRANCE, as Data Protection Officer. Should you have any queries regarding your rights, you may reach out to us at the following address:
In the event of a new personal data processing, ACAP will first refer to the Data Protection Officer.
If you wish to obtain specific information or ask a specific question, you may contact the Data Protection Officer, who will give you an answer within a reasonable period of time with regard to the question asked or the information required.
If you have any problems with the processing of your personal data, you can contact the Data Protection Officer.
Right to lodge a complaint with the CNIL
Customers, partners and prospects concerned by the processing of their personal data are informed of their right to lodge a complaint with a supervisory authority, namely the Cnil, if they consider that the processing of their personal data does not comply with the European data protection regulations. Such complaints must be sent at the following address:
Cnil – Complaints office
3 Place de Fontenoy- TSA 80715 - 75334 PARIS CEDEX 07
Tel: 01 53 73 22 22
Applicable laws, competent courts and contractual documents
These terms of use are governed by the laws of France. Any use of the multimedia library Tourisme en Vienne in violation of the terms of use hereof shall be subject to legal proceedings before competent courts.