General Terms & Conditions for Use

MONTS DE GENÈVE TOURIST INFORMATION CENTRE MEDIA LIBRARY

 

Welcome to the Monts de Genève Tourist Information Centre Media Library created and developed by  Monts de Genève Tourist Information Centre, a public industrial and commercial establishment, registered at the RCS of Thonon, number 522 025 444 with registered office at Esplanade François Mitterrand, 74100 Annemasse, France.

Telephone: +33 (0)4 50 95 07 10

Email address: ot@montsdegeneve.com

Legal representative: Carole Incandela, Director

These general conditions of use (hereinafter GCU ) are intended to govern your use of the Monts de Genève Tourist Information Centre Media Library available on the following website: media.montsdegeneve.com (hereinafter the Media Library).

All visits to and use of the Media Library services implies full acceptance and application of these GCU.

You can consult the confidentiality policy of the Monts de Genève Tourism Information Centre for more information on how the Monts de Genève Tourism Information Centre collects and uses data on Media Library use and results, its responsibilities, and your rights in the processing of your personal data. 

 

Introduction

  1. Definitions

User means any natural person who has access to the Media Library Services through their account.

Account means the dedicated and individualised digital space of a physical person with a subscription to the Media Library that gives access to its Services.

Content means any data, information and/or content of any kind accessible on the Media Library, namely, but not limited to, any text, image, photograph, audio file, video file, press kits, logo or brochures accessible on the Media Library.

Press Kit means a communication tool that brings together several documents relating to a product, a company, an event to inform journalists in whole or in part.

Entity means any legal entity of which a User with an Account has access to the content of the Media Library.

The different entities are categorised into one of the following categories:

  • EPCI (Etablissement Public de Coopération Intercommunale)
  • Institutional (Departmental and Regional tourist boards, Tourist Information Centres etc.)
  • Press
  • Members of the Tourist Information Centre (activity providers, hotels, restaurants, etc.) who have subscribed to an annual membership with the Monts de Genève Tourist Information Centre
  • Tour operators and coach operators
  • Associations
  • Internal (staff of the Monts de Genève Tourist Information Centre)
  • Monts de Genève Tourist Information Centre communications department
  • Other

Audio file means any musical composition, master or other recording containing sounds or series of sounds, in any format, whether currently known or developed subsequently.

Video file means any motion pictures, animations, films, videos, other visual or audio representations, video elements, visual effects elements, models, graphics packs and motion design projects, excluding still images, recorded in any format.

Images means photographs, vector images, drawings, graphics and similar items.

Media Library means the website media.montsdegeneve.com and all its subdomains.

Services means all the functions of the Media Library for Users’ benefit.

Download means the transmission of a digital file containing content chosen by a User. The downloaded file is stored on the hard drive of the User’s device.

 

  1. Acceptance of these GCU

By entering the Media Library and when creating an account, by checking the box "I certify that I have read and accepted without reservation the GCU of the Monts de Genève tourist Information Centre", each User declares and guarantees that they have read and accepted these GCU and undertakes to respect them.

The use of the Media Library is reserved for individuals aged 18 years or older with full legal capacity. Registration by a minor on the Media Library is strictly prohibited. By accessing, using or registering on the Media Library, Users declare and guarantee to be 18 years or older and to be legally capable.

Monts de Genève Tourist Information Centre reserves the right to modify or replace these GCU at any time. The date of the last modification is at the end of these GCU.

 

  1. Presentation and description of the Media Library

According to Article 6 of French law No. 2004-575 of 21 June 2004 for confidence in the digital economy, Users of the website www.montsdegeneve.com are informed of the creator and manager of the website:

Owner: Monts de Genève Tourist Information Centre

Publication director: Carole Incandela

Webmaster: Anastasia Modylevskaia

Host: AGELIA, 4 rue des Landelles, 35510 Cession-Sévigné, France.

The digital media library of the Monts de Genève Tourist Information Centre is accessible to registered Users for content produced by the Tourist Information Centre. Access is reserved exclusively for persons whose objective is to participate in the promotion of the destination Monts de Genève which extends to the Annemasse-les Voiron Agglomération and the Communauté de Communes du Genevois.

At any time, the Monts de Genève Tourist Information Centre can add new services, resources and features to the Media Library and publish new versions. New Services and/or features shall be governed by the present GCU and any additional conditions that the Monts de Genève Tourist Information Centre may publish with regard to these Services and/or specific features. 

 

Article 1. Access, use and security of the account

Access to the Media Library is completely free of charge.

 

Article 1.1 Creation of an account

Users must be registered in the Media Library by creating an account to access the Services. When creating an account, by checking the box "I certify that I have read and accepted without reservation the CGU of the Media Library", each User declares and guarantees that they have read and accepted these CGU and undertakes to respect them.

The following information must be provided: title, last name, first name, company/organisation they represent, category, email address, postal address, telephone number, password and intended use of Media Library content.

The scope of the User’s rights to downloaded content varies according to their category, as specified below:

  • EPCI: download request,
  • Institutions: download request,
  • Users: HD download,
  • Press: download request,
  • Business: download request,
  • Tourist Information Centre members: download request,
  • Tour operators and coach operators: download request,
  • Associations: download request,
  • Other: download request,
  • Monts de Genève Tourist Information Centre staff: download in low resolution, request for superior format/no video download
  • Monts de Genève Tourist Information Centre communications department: HD download

The User undertakes to respond in a precise and sincere manner.

The User shall ensure that the email address they enter is valid. This address and any other personal information they choose to communicate to the Monts de Genève Tourist Information Centre will be handled in accordance with the Media Library’s privacy policy.

Once validated, their application for registration is forwarded to Media Library teams for verification and approval. The User will then receive an email informing them of the creation of their account.

Monts de Genève Tourist Information Centre reserves the right to refuse the creation of an account if the information transmitted is incorrect or for any other legitimate reason.

 

Article 1.2 Account security

It is the User’s responsibility to keep their password confidential and secure. They are responsible for any use of their password and for any activity generated by their account, whether or not they gave authorisation. The User shall immediately inform the Monts de Genève Tourist Information Centre of any unauthorised use of their account, user ID and password. 

Users are strongly advised to regularly change their password, in their account, and to use a secure password without easily identifiable combinations.

Monts de Genève Tourist Information Centre reserves the right, with or without notice, to suspend or terminate the account of a User if their account partakes in certain activities which, under its sole discretion, appear to constitute or may constitute a breach of these GCU, or breach the rights of third parties or any applicable laws and regulations. 

To access their account, Users must identify themselves using their email address and the password they chose when registering. They can record their information and preferences for using the Media Library.

A User can delete their account at any time in their account management function.

 

Article 2. Media Library features

Media Library Users can use a shopping cart for selected content and save it.

The selected content can be previewed and downloaded.

The User has access to a contact form to contact the Monts de Genève Tourist Information Centre and can generate a contact sheet.

For each file downloaded, an Excel file with important information about the file is also available for download. The Excel file contains: the title of the downloaded file, photo credits to be indicated for each publication/broadcast, the geographical indication and date of shooting, the expiry date of the file's authorised use, and any restrictions on use.

 

Article 3. Downloading and using content

Article 3.1 Downloads

To download content, the User’s account must have been validated by a Media Library administrator. Depending on the category to which the User belongs, they may see all or part of the sections and files, and may or may not download content according to the rights of their category.

If a download request is required, the User completes an intermediary form and an administrator will validate or not the selection made by the User. It should specify the intended use of the downloaded content: medium for use, the area of distribution and the context.

 

Article 3.2 License for use

Monts de Genève Tourist Information Centre hereby grants a non-exclusive and non-transferable right of use free of charge to the User who downloads content.

This license allows them to use and reproduce downloaded content internationally for the specified duration of its intended use and applicable to each Content. This time is specified in the technical file for each Content. The User will be notified by email on the date their authorisation to use the downloaded content expires.

Monts de Geneve Tourist Information Centre authorises the Media Library User to reproduce the downloaded content on any physical and digital media.

Licence for use is not for commercial use and is reserved exclusively for the promotion of Monts de Genève destination which extends to the Annemasse-les Voiron Agglomération and the Communauté de Communes du Genevois.

If the User fails to comply with this License, Monts de Genève Tourist Information Centre reserves the right to delete the User’s account immediately.

 

Article 3.3 User obligations

The User agrees to use the Media Library, including the content, in accordance with these GCU, with all applicable laws and regulations, and with respect for any third-party rights.

The User undertakes to convey reliable and correct information, particularly regarding the use of the content described in the request for download.

The User undertakes to:

  • Use downloaded content as provided, without making any changes,
  • Mentioning the following credit each time the content appears: @montsdegeneve
  • Use the content exclusively on its own materials,
  • Use the contents within the authorised use period.

It is strictly prohibited for the User to:

  • Share downloaded content with third parties,
  • Use downloaded content for commercial purposes,
  • Use downloaded content for the purchase of advertising space,
  • Change the appearance of the photos by applying a filter, editing, etc.

 

The Media Library’s objective is to participate in the promotion of Monts de Genève destination, extended to Annemasse-les Voirons Agglomération and the Communauté de Communes du Genevois. Any Content shown there is proposed to Users for this purpose exclusively.

 

Article 4. Intellectual property

The general structure of the Media Libary and any other component (such as the graphic charter, domain name, logo etc.) are the exclusive property of the Monts de Genève Tourist Information Centre.

Any reproduction and representation, total or partial, of the Media Library and/or of elements comprising it by any means whatsoever, without the express authorisation of Monts de Genève Tourist Information Centre are therefore prohibited and would constitute an infringement sanctioned by Articles L. 335-2 and the Intellectual Property Code.

 

Article 5. Account suspension

Monts de Genève Tourist Information Centre reserves the right to suspend a User’s account or terminate access to the Media Library in the following cases: 

  1. The Media Library reasonably determines that a person has breached these GCU;
  2. They violate a third-party’s rights;
  3. Judicial decision.

If the Media Library considers that a User’s behaviour with regard to the Media Library is inappropriate and contrary to these GCU, a warning shall be sent to them by email. Any User who has received at least one warning may have their access to the Media Library revoked immediately. 

 

Article 6. Limited responsibility

Monts de Genève Tourist Information Centre shall not be liable for direct and indirect damages caused to the User’s material when accessing the Media Library , and resulting either from the use of material not meeting the specifications necessary to use the Media Library, a bug or technical incompatibility.

The User acknowledges having verified that the configuration of their device is secure and in working order.

Monts de Genève Tourist Information Centre shall not be liable for indirect damages (such as loss of market or opportunity) arising from the use of the Media Library.

The Media Library features hypertext links to other sites. Monts de Genève Tourist Information Centre cannot check the content of the websites that the Media Library is linked to, and shall not be held liable for this content.

 

Article 7. Procedure for alerting and reporting misuse

Users are invited to report to Monts de Genève Tourist Information Centre under the alert procedure described below, any fraudulent use of the Media Library and its Services that it may be aware of, including, but not limited to, the use of any Content that would violate the prohibitions set forth in these GCU, and more generally, current laws and regulations.

If a User considers that an element of the content infringes their intellectual property or image rights, it is the User’s responsibility to notify the Monts de Genève Tourist Information Centre by specifying the following:

  • Identification of the content concerned;
  • Contact information including address, telephone number and email address if it is a natural person; name, registered office, name and contact information of the representative if it is a legal entity;
  • A declaration that the information contained in the notification is precise and accurate, and that the User is the owner of the copyright or image right concerned, or is authorised to act on behalf of the copyright owner concerned.

 

Article 8. Termination 

These GCU can be terminated at any time by deleting their Account in the account management function.

If the User has not created an account, the CGU are terminated when the User stops browsing the site.

Once the account has been deleted, any content uploaded and stored on it or linked to an activity on its account shall be permanently deleted.

 

Article 9. Invalidity of a clause 

In the event that any provision of these GCU is declared invalid or not applicable for any reason whatsoever, the other provisions shall remain applicable without any change, unless the contract cannot be upheld without the clause. 

 

Article 10. Data privacy protection 

This policy sets out the principles and guidelines for the protection of personal data of any User, which includes personal data collected on or via the Media Library. The privacy policy can be consulted here.

It applies to the manner in which personal data is collected, processed and used when a User:

  • Visits the Media Library,
  • Registers on the Media Library by creating their Account,
  • Downloads content from the Media Library,
  • Contacts the Tourist Information Centre Customer Service.

 

Article 10.1 Collected data 

As part of its activity, the Media Library uses and processes its Users’ personal data. As a result, the Media Library collects the following personal data: last name, first name, company or organisation, category, email address, mailing address, intended use.

 

Article 10.2 Legal basis for processing your data

In order to process your personal data, Monts de Genève Tourist Information Centre applies current regulations, including:

  • Prior and express consent to the processing of personal data for one of the purposes referred to in the following paragraph,
  • Execution of the contract linking the User to the Media Library,
  • Requirement to comply with a legal obligation or for defence in the event of legal proceedings;
  • The pursuit of the Monts de Genève Tourist Information Centre’s mission of public interest.

 

Article 10.2 Objective

The Media Library collects and processes this data in whole, or in part, for the purposes of: 

  • Giving Users access to the Media Library;
  • Recording information entered during registration;
  • Sending information and/or communications;
  • Analysing the Media Library audience and attendance;
  • Tracking content use (downloads, searches, requests);
  • Improving UX (user experiences) through analysis software.

 

Article 10.3 People authorised to access data

People authorised to access the data collected by Monts de Genève Tourist Information Centre are: officers, employees, work-study students and trainees of the Monts de Genève Tourist Information Centre and its partners involved in the Media Library’s development, and where appropriate, sub-contractors of the Monts de Genève Tourist Information Centre participating in conducting and/or administering  Services and required to participate in processing. It is specified that, in such a case, whether they are partners or sub-contractors, this is undertaken in accordance with the current regulations.

 

Article 10.4 Data conservation

Personal data collected shall be kept for the legal retention period relating to the purpose of the treatment and for no more than five years from the last exchange with the Media Library carried out on the User’s initiative.

 

Article 10.5 Personal data rights 

All Users have the right to question, access, modify, delete their personal data and the right to obtain a copy of the personal data that the Monts de Genève Tourist Information Centre holds in a structured electronic format (portability).

All Users also have the right to oppose the processing of their personal data for legitimate reasons, and the right to oppose the use of their personal data for commercial purposes.

These rights can be exercised by addressing a request to our Data Protection Officer: Guillaume Jault at: dpo@agelia.com.

We undertake to respond to such requests within one month. This period may be extended by one month, depending on the complexity and number of applications received. In the event of reasonable doubt about your identity, you may be required to provide additional information to confirm your identity.

 

Article 10.6 Security

Monts de Genève Tourist Information Centre implements organisational, technical, software and physical digital security measures to protect personal data against unauthorised alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment and Monts de Genève Tourist Information Centre cannot guarantee the security of data transmission or storage on the Internet.

Monts de Genève Tourist Information Centre does not transfer any of your data abroad.

 

Article 10.7 Cookies

When a User browses the Media Library, we and our business partners may access and/or deposit information on their device to recognise them via a technical identifier. This involves the use of cookies which can be automatically deleted when a browser is closed or after a specified time.

When you first consult the Media Library, our cookies settings module is presented so that you can accept or refuse the use of cookies not necessary for the operation of our services. Please note that your choice does not relate to the use of cookies necessary for the operation of the site, such as cookies enabling you to retain your acceptance or refusal in order to avoid having to display our module to you every time you visit the Media Library.

We use cookie technology to:

  • Personalise functions we offer,
  • Adapt our page layout to the display preferences of your device, materials and software.

Monts de Genève Tourist Information Centre uses the following types of cookies:

  • Cookies required for providing Media Library Services (cookie duration: 12 months).
  • Audience measurement cookies. These cookies only allow the production of statistics with anonymous personal data using Google Analytics (cookie duration: 24 hours).
  • Personalisation cookies. These cookies are used to analyse, optimise and personalise your Internet browsing experience. These are only installed with your prior and express consent (cookie duration: 12 months).
  • Social media cookies When you use buttons to share online content via social networks such as Twitter and Facebook, a cookie will be placed in your device's browser (cookie duration: 12 months).

The installation of cookies not strictly necessary for the operation of the Media Library is subject to your consent. During your first visit to the Media Library, an information banner appears telling you that, by continuing your navigation on the site, the above cookies will be installed on your device. You may, at any time, oppose the use of cookies subject to your consent according to their purpose by clicking on the "Cookies settings" link.

Cookies or plotters allow you to take full advantage of the site's features. If your browser is configured to refuse all cookies or plotters, you may be prevented from using some of our Services, for which Monts de Genève Tourist Information Centre shall not be liable.

 

Article 10.7 Modification clause

This Privacy Policy is subject to change or adjustment at any time. If a change is made to this policy, Monts de Genève Tourist Information Centre undertakes to publish the new version in the Media Library.

For more practical information about exercising your rights, see the Commission National Informatique et Libertés website here: https://www.cnil.fr/fr/comprendre-vos-droits.

 

Article 11. Dispute resolution procedures

These GCU are governed by French law.

Any claim relating to these GCU may be addressed to: ot@montsdegeneve.com for processing as soon as possible.

If attempts for amicable resolution fail, any challenge to the validity, interpretation and/or performance of these GCU shall be brought before the competent courts, even in the case of plurality of defendants or the introduction of third parties.

 

Last modified: 11/07/2022