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Terms of use

 

Last update: 2018

 

1.  When do these terms of use apply?


These terms of use (the “Terms”) apply to your use of the website available at https://www.afp.com/en (the “Platform”) published by Agence France-Presse (“AFP”).

Please read these Terms and our Privacy Policy before using the Platform. By using the Platform, you agree to be bound by these Terms.

We reserve the right to modify or to update these Terms and our Privacy Policy at any time and at our sole discretion. Please consult these Terms and our Privacy Policy on a regular basis as any modification thereto becomes effective upon publication on the Platform.   

For the purpose of these Terms and our Privacy Policy:

  • “you”, “your”, “they”, “their”, “user(s)” shall refer to any user of the Platform;
  •  “AFP”, “we”, “our”, “us” shall refer to Agence France-Presse and, when applicable, Agence France-Presse’s partners.     

Some features of the Platform (such as the content sharing features or video players) are integrated into the Platform but operated by third parties. When using these features on or from the Platform, you undertake to do so in strict compliance with the terms of use applicable to such features.

 

2. Ownership of the Platform and the Content


The Platform, all its components and the content (in any form: videos, photos, texts, still and animated graphics) displayed on or accessible through the Platform (the “Content”) are the exclusive property of AFP and/or its partners and are protected by intellectual property laws.   

Any use of the Platform and/or the Content for any other purpose or in any other manner than as expressly authorized herein is strictly prohibited.

 

3. Use of the Platform and the Content


The Content available on the Platform is provided “as is”, for information and non-commercial purposes only.

You may share parts of the Platform and the Content for strictly personal, private, and non-commercial purposes only and only as made possible by the features available on the Platform.

Any other use, in particular any reproduction, communication to the public or distribution of the Platform and/or the Content, in whole or in part, for any other purpose and/or by any other means, without AFP’s written approval, is strictly prohibited.

 

4. Warranties


You hereby warrant and represent that you will access and use the Platform, its features and the Content in strict compliance with these Terms, the applicable laws and the terms of use applicable to any third party features integrated into the Platform but operated by third parties.

You hereby undertake to defend, indemnify and hold harmless AFP and its partners from and against all expenses (including, but not limited to, reasonable legal fees and expenses), costs, losses, liabilities, damages, arising out of or in connection with any claim, demand, action, proceeding, directly or indirectly resulting from or based on a breach by you (or your staff) of this warranty.  

 

5. Limitations and disclaimers on liability 


Although AFP endeavours to provide accurate and reliable information, errors, inaccuracies or omissions cannot be completely ruled out in the field of news. This Platform and the Content are supplied "as is".

The access to or the availability of the Content, the Platform or any of its features (including third party features) may be totally or partially interrupted or may run slowly due to causes beyond AFP’s control.

The access to or the availability of the Content, the Platform or any of its features (including third party features) may be totally or partially modified, suspended, interrupted or restricted by AFP at any time.

AFP cannot guarantee that the Content, the Platform and its features (including third party features) are provided without interruption, server downtime or delay or free from errors or any breach of security due to hackings, security intrusions, bugs, viruses, malwares, etc., that may affect your hardware, software or data. Your use of the Platform, its features and the Content is under your full and sole liability.

In no event shall AFP be liable for any damages whatsoever arising out of or related to the access to or use of, or the impossibility to access or use, the Platform, its features (including third party features) or the Content.

AFP is not responsible for the websites referenced on the Platform or referencing the Platform (in particular by means of a hyperlink). References made to third party’s websites on the Platform shall by no means be construed as an endorsement by AFP or its partners of these websites or their content. Third party’s websites and their content are governed by their own terms of use.

 

6. Trademarks and logos 


The trademarks, logos and distinctive signs appearing on the Platform are the sole property of AFP and/or its partners. They may only be used, in whole or in part (including as a link to the Platform), with AFP’s and/or AFP’s partners prior written approval and in strict compliance with AFP’s and/or AFP’s partners graphic charter.

 

7. Governing law - Jurisdiction 

These Terms and any dispute arising thereof shall be governed by and construed in accordance with French law.

The Courts of Paris (France) shall have exclusive jurisdiction notwithstanding any actions in warranty or plurality of defendants.

 

8. Miscellaneous


Should any provision or part of a provision of these Terms be held illegal, invalid or unenforceable in accordance with a law or regulation in force or by virtue of any other decision rendered by a competent jurisdiction, the remainder of the provision shall remain in full force and effect and the validity and enforceability of all other provisions in these Terms shall not be affected or impaired.

 

Privacy Policy

 

The purpose of this Privacy Policy is to inform you about how AFP, as data controller of the personal data of the users of this Platform, collects, processes and shares your personal data.

 

1. The data we collect


We may collect the data listed below in connection with your use of the Platform. These data are not all considered to be "personal data" under applicable law. However, we want to provide you with the most comprehensive information on all the data we process when you use this Platform.

Note that we never solicit the communication of sensitive data (or “special categories of data” as defined by law) and we ask that you do not transmit such data to us.

 


1.1 Information you provide us​


The Platform provides access to different forms that enable you to subscribe to AFP or to buy some Content, to receive some specific information or register for events, to send us some information or press releases, to apply for a job at AFP or to contact us for other reasons. You may also, on a voluntary basis, answer questionnaires, opinions or surveys that we offer in order to improve our services or your browsing experience.

When you complete one of these forms, you shall provide us with all or part of the following data depending on the nature of the form: name, surname, civility, email address, activity, company, mailing address of your company, phone number, areas of interest, subject and content of the message, acceptance or refusal to be kept informed by e-mail on new products and offers from AFP and its subsidiaries.
 

 

1.2 Information we collect when you use the Platform​ 


During each of your visits to our Platform, we may collect the following data:
 

  • Data about the devices, networks and platforms you use: identifier of the device you are using (IP address, Apple ID, Android ID, etc.), connection data (date, time, duration), type and version of the browser software (Internet Explorer, Safari, Mozilla Firefox, Google Chrome, etc.), type of operating system (Microsoft Windows, Apple OS, Linux, Unix, etc.).
     
  • Data about your preferences and other actions on the Platform: interface language, reference of the user's start page.
     
  • Data relating to your browsing: route on the Platorm’s pages and duration of consultation of certain pages, Content that you consult, searches and results of searches and generally your actions on the Site.
     
  • Information on the reading or not of the emails we send you and on your clicks on the links contained in these emails.

To collect some of the data listed above, we may use cookies. For more information on the use of cookies, see section 4 below.
 


2. Purposes of data processing


The data we collect is used for the purposes and based on the legal grounds described below.
 

Purposes of use

Legal basis

Provide you with information about our services and answer all your questions

This processing is carried out with your consent

Provide you with the ability to customize your preferences on the Site

This processing is carried out for the purpose of your legitimate interest and / or with your consent

Handle and correct any incidents or errors of the Site

This processing is carried out for the purpose of our legitimate interest (ensuring the performance and security of the Platform)

For internal audits on data analysis and audience statistics

This processing is carried out for the purpose of our legitimate interest (better understanding the interests of users and improving our services and support)

To send you, in accordance with applicable law, and with your agreement when it so requires, the AFP Newsletter and some marketing, advertising and promotional messages about the products, services or events of AFP and subsidiaries that may interest you

This processing is carried out with your consent and / or for the purpose of our legitimate interest (to transmit you information and relevant contents)

Evaluate the effectiveness of the advertising messages we send and adapt them to our clients and prospects

This processing is based on our legitimate interest (measuring and optimizing the effectiveness of our campaigns) and / or with your consent

 


3. ​Data retention period


Your data are kept for a duration not exceeding that necessary for the purposes for which they are processed. The tables below mention the retention periods of your data.

 

Data relating to all users​

Data categories​

Retention period

Connection and navigation data

15 months

Cookies

13 months

Basic information request

3 years after the closure of the file

Data relating to your transmission of a content that may be published

10 years after the reception of the content (beyond this period, these data are archived)

Complaint, claim (including editorial), request for a right of access

10 years after the closure of the file (beyond this period, these data are archived)

Data issued from questionnaires, opinions or surveys

After the termination of the related marketing study which shall not exceed 3 years (beyond this period, these data are archived)

 

Data relating to clients​

Data categories

Retention period

Data relating to the enforcement of the contract: management of the client account, orders, downloads, billing, payments

10 years after the end of the contract

Contact details: name, surname, civility, email, phone number, activity, company

5 years after the end of the contract

 

Data relating to prospects

Data categories

Retention period​

Contact details: surname, first name, email, civility, telephone number, activity, company

3 years after data collection or last contact from you

 

 


4. Data transfers to third parties
 

4.1 Cases in which transfers can be made​


We keep your data within AFP, except in limited cases defined below.
 

  • Third parties with whom we collaborate may have access to your personal data, in particular the subcontractors we use in relation to some technical, commercial, marketing, legal and e-mail services.

    These transfers are always made in the context of the purposes described in Part 2 above, and only data strictly necessary for the achievement of these purposes are concerned.
     
  • We may transfer your data if it appears necessary to (i) enforce any contract, terms of use and this Privacy Policy, (ii) respond to any claim against AFP, an AFP subsidiary or one of our business partners, (iii) comply with any judicial request, including in the context of inquiries and investigations (iv) in case of emergency involving danger to public health or the physical integrity of a person, (v) to guarantee the rights, property and safety of  AFP, yourself and third parties.
     
  • We may transfer your data to AFP subsidiaries and / or a third party in case of reorganization of the AFP group (merger, acquisition, split, etc.)
     

 

4.2 Places to which transfers can be made​


We strive to host and keep your data within the European Union. However, some data may be transferred to countries outside of the European Union, some of which may have a less protective legislation relating to personal data than that applicable within the European Union.

This is the case of data transmitted to some of our subcontractors located outside of the European Union, which we can use for certain specific services.

When such a transfer takes place, we make sure that it is implemented through legal instruments allowing the recipients to comply with all obligations applicable within the European Union as regards data processing (standard contractual clauses of the European Commission), in order to ensure individuals a sufficient level of privacy.

 


5. Commercial Communications by Email


We may send you, in accordance with applicable law, and with your agreement when it so requires, the AFP Newsletter and some marketing, advertising or promotional messages on products, services or events from AFP or its subsidiaries that may interest you.

If you no longer wish to be on our mailing list, you can opt-out by clicking on the unsubscribe link provided in each of our communications or by sending an email to afpcomprivacy@afp.com

 


6. The implementation of your rights on your personal data


You have the possibility to ask us for a copy of your personal data that we hold, as well as their rectification or erasure. You can also ask us to restrict a processing or to oppose a processing. Note however that in these last two cases, your access to all or part of the Platform and / or to the services may be impacted.

You can request to exercise your right to data portability, that is to say the right to receive the personal data that you have provided us in a structured format, in order to transmit such data to another controller.

You can also make special instructions regarding the fate of your personal data after your death.

In each of the above cases, we are likely, in order to respond to your request, to (i) verify your identity and (ii) ask you to provide us with additional information.

Note that we may retain some information when required by law or when we have a legitimate reason to do so.

If you wish to exercise your rights, you may contact us by e-mail or by post at the addresses indicated below. We will endeavor to respond to your requests within a reasonable time. You also have the possibility to lodge a complaint with a supervisory authority.

 

 

afpcomprivacy@afp.com
 
OR
 
Legal Department
 
Agence France-Presse
 
11-15 Place de la Bourse
 
75002 Paris
 

 

 

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