Version of October 28, 2024
PREAMBLE
These General Conditions of Use determine the rules of access to this educational digital content platform, hereinafter referred to as the platform.
By using this Platform, you acknowledge, as a user, that you are aware of its terms, accept them without reservation and comply with them.
The Platform Publisher(s) reserve the right, at their sole discretion and without prior notice, to modify, delete or add information to these “General Terms of Use” at any time, in particular to take into account any legal, jurisprudential, editorial and/or technical developments. The prevailing version is the one accessible online.
You are therefore advised to regularly refer to the latest version of the said General Conditions of Use.
ARTICLE 1 – LICENSE OF USE
Access to this Platform grants you a right to use it on a non-exclusive, private and/or collective basis.
Your use of the Platform implies unreserved acceptance of these General Conditions of Use.
This use of the Platform may only be carried out free of charge and must be in accordance with the pursuit of educational objectives. Any commercial exploitation of the Platform and its contents is strictly prohibited.
All content published on the Platform, including, but not limited to, texts, photographs, illustrations, graphics, infographics, maps, videograms, music, icons, software, hereinafter referred to as “the Content”, may constitute works within the meaning of the provisions of Article L.112-1 et seq. of the Intellectual Property Code or content protected under rights related to copyright within the meaning of the provisions of Article L.211-1 et seq. of the Intellectual Property Code.
Pursuant to Article L. 122-4 of the Intellectual Property Code, any representation or reproduction, in whole or in part, made without the consent of the author or his successors in title 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 copyright infringement constitutes an offense of counterfeiting punishable in France by three years of imprisonment and a fine of 300,000 euros.
Similarly, the Intellectual Property Code punishes with three years of imprisonment and a fine of 300,000 euros any fixation, reproduction, communication or making available to the public, whether for payment or free of charge, or any broadcasting of a performance, phonogram, videogram or program, without the authorization, when required, of the rights holder.
You therefore agree to:
only download the Content to your computer for personal or collective educational use within the classroom;
not reproduce on any medium, in particular printed and digital, the downloaded Content except on the condition that said copies of the Content are strictly limited to personal or collective educational use;
not to represent, distribute 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 of the Content aggregation, modification and personalization services offered to you 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 beneficiaries and/or any other information relating to the rights of the publishers and/or the authors of the Content or their beneficiaries.
ARTICLE 2 – CONTENT CREATED AND/OR SHARED BY USERS OF THE PLATFORM
You are personally liable to both third parties and the Platform Publishers for failure to comply with the above provisions and you guarantee the latter against any problems, claims or actions which may result from this failure to comply.
The Platform Publishers have the right to modify the characteristics or Content of the Platform and to restrict access to certain sections and may, at their sole discretion, suspend, interrupt or stop access to all or part of the Platform for any reason whatsoever, including in particular non-compliance with the “General Conditions of Use” of the Platform; without this being the subject of any dispute of any kind. They do not guarantee that the Platform is error-free or that all imperfections will be corrected.
ARTICLE 3 – PERSONAL DATA PROTECTION (GDPR and Data Protection Law)
In accordance with the provisions of the “Data Protection” law of January 6, 1978, and the European Regulation that came into effect on May 25, 2018, General Data Protection Regulation (GDPR):
You are informed that the Publishers carry out automated processing of your personal data, particularly when you log into the Platform in a context requiring the collection of this personal data.
Any data that can identify a user is considered personal data.
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 simplify your access to our services. The personal data you provide to Tralalere is not shared with third parties outside the company.
By registering on the Platform, you can subscribe to our newsletter. If you no longer wish to be subscribed, please contact us or unsubscribe at any time using the link at the bottom of your newsletter.
This data includes: first name, last name, email, subject of the message, type of message (teacher, parent/grandparent, company/association, other).
This information is collected for the following purposes:
- Newsletter subscription
- Management of user relationships
- Page consultation analytics
- Data protection officer requests log
- Management of access, rectification, and opposition requests.
3.2. Limitation and Relevance
We commit to limiting our data collection to what is strictly necessary for the intended processing purpose, without which we could not provide the Platform service qualitatively.
3.3. Recipients
To ensure the best possible quality of service, we communicate the collected data to various recipients, duly authorized for this purpose, namely:
- Our internal services: technical and functional administrators involved in the development, improvement, and maintenance of the Platform.
- Our service providers:
- Brevo: emailing tool.
- Cloud-Infinity for server hosting.
Cloud Infinity Communications SAS, headquartered at the following address: 32 Boulevard de Vaugirard, 75015 Paris. The host can be contacted at the following phone 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. The data processor at Cloud Infinity also guarantees that no transfer outside the European Union will be made of personal data.
- Our service providers:
3.4. Data Retention
The collected data is securely stored and will be systematically destroyed after 3 years since this is a non-commercial contact.
3.5 Your Rights Regarding Your Data
You can access and obtain a copy of your data, object to 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 regarding this processing.
Contact the DPO electronically: dpo@tralalere.com
Contact the DPO by postal mail: The Data Protection Officer TRALALERE 4 rue de Braque 75003 Paris
Understanding your data protection rights
3.6 Security
We implement all necessary technical and organizational measures regarding the nature of the personal data you entrust to us and the risks posed by their processing—to preserve the security of your data and prevent it from being distorted, destroyed, damaged, or accessed by unauthorized third parties.
To this end, we establish technical measures such as firewalls; organizational measures such as a unique ID and password system for each of our internal and external collaborators; physical protection measures, etc.
The site has an SSL certificate to ensure that the information and data transferred through the site are secure.
An SSL certificate (“Secure Socket Layer Certificate”) aims to secure the data exchanged between the user and the site.
3.7 Complaints to the CNIL
If you believe that your rights regarding your data have not been respected after contacting us, you can file a complaint with the CNIL.
3.8 Minors
In accordance with the revised Data Protection law, transposing the GDPR requirements into French law and setting the “digital age” at 15 years, and to protect the personal data and privacy of minors, we require the consent of the person holding parental authority for any registration to the newsletter of a minor under 15 years of age for the collection of all their data.
ARTICLE 4 – HYPERTEXT LINKS AND COOKIES
The site contains a number of hypertext links to other sites (partners, information, etc.). However, the site owner cannot verify the content of the sites visited and therefore disclaims any liability in this regard regarding potential risks of illegal content.
The user is informed that during visits to the site, one or more cookies may automatically be installed on their computer. A cookie is a small file that does not identify the user but records information related to the navigation of a computer on a site. The data obtained is aimed at facilitating subsequent navigation on the Platform and also allows for various attendance measurements.
- Session ID cookies for the duration of a session
- Authentication cookies
- Audience measurement cookies (analytics)
- Pages viewed
- Searches on the site
- Downloads
- Geographic origins
- Devices
- Browser
- Timestamp
- User ID
- Referring site
- Operating system
- Brand and model of mobile device
- Persistent cookies for user interface customization (language choice or presentation).
Furthermore, browser settings allow users to be informed of the presence of cookies and, if desired, to refuse them as described at the following address: https://www.cnil.fr/fr/les-conseils-de-la-cnil
ARTICLE 5 – LIMITATION OF LIABILITY
You are solely liable for any damages or losses, direct or indirect, material or immaterial, if they are caused, based on, or originate from use of the Platform by you or any person authorized by you to use this Platform. Use means any use of the Platform whatsoever, whether fraudulent or not.
As such, you waive any claim or legal action relating to such damages and losses, based on the contractual liability of the Platform Publishers or on any other basis.
Minors are permitted to access the Platform, on the express condition that they have previously obtained from their parents (or the person exercising parental authority) the authorization to do so and to provide the information and electronic addresses to which any communication may be sent to them. The fact that theyregisterimplies that they have obtained this prior authorization, which is expressly required on the Platform at the time of registration.
The Platform Publisher(s) reserve the right to request written justification at any time, and to carry out any verifications, as well as to delete any personal account whose minor holder does not provide said justification within five (5) days of the request, or within any other period granted to him. The Platform Publisher(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 Publishers undertake to make their best efforts to secure access, consultation and use of the Platform.
Consequently, the Platform Publishers cannot be held liable in the following cases:
- Temporary interruptions for updating certain files;
- Operational difficulties or temporary interruption of these services beyond the control of the Platform Publishers, particularly in the event of interruption of electricity or telecommunications 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 OF SOCIAL AND COMMUNITY SPACES
(FORUM, COMMENT, …)
The Platform Publishers provide you with dedicated social media spaces and tools reserved for free communication between users of the Platform, as well as for the sharing of contributions and content. As such, the Platform Publishers act exclusively as hosts of the community spaces that 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 law on Confidence in the Digital Economy of June 21, 2004. Parents are invited to monitor the use made of these community spaces by their minor children.
Community spaces are discussion areas that allow you to post opinions and information on specific topics.
The Platform Publishers undertake to take the greatest care ofyour contributions, but cannot be held responsible for any alterations thereto. 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 you publish in this section, and that these contributions do not fall within the editorial activity of the Platform Editors.
Consequently, the Platform Publishers cannot be held liable for the illegal nature of your contributions. You guarantee the Platform Publishers against any recourse and/or actions that any person may bring as a result of the dissemination of your contributions on the Platform. You will assume all charges and payments that may be due or claimed concerning these same persons whatever the cause or reason.
We remind you that forums and other community spaces are places for exchange and debate of ideas, where friendliness and respect for others are essential.
Everyone must therefore respect other contributors and the pluralism of opinions necessary to liven up 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 contain content that constitutes or incites the commission of acts prohibited by law. You therefore agree to respect the ethical principles listed below, without this list being exhaustive:
- Contributions must not harm or be contrary to public order, morality or offend the sensibilities of minors;
- Contributions must not in any way infringe on the rights to reputation, privacy or image of third parties;
- Contributions must not be denigrating, defamatory, insulting, obscene, violent, racist, xenophobic, or damage 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 advocate war crimes or crimes against humanity;
- Contributions must not incite discrimination against any person or group of people because of their ethnicity, religion, race, sexual orientation or disability;
- Contributions must not incite the commission of a crime, an offense or an act of terrorism;
- Contributions must not be pornographic or pedophile 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 respect these principles may be deleted by the Platform moderator, or may even be reported to the public authorities in accordance with the provisions of Article 6-1-7 of the Law of June 21, 2004 on Confidence in the Digital Economy.
In accordance with Article 6 – I of the Law of June 21, 2004 for Confidence in the Digital Economy, the Publishers of the Platform are bound, in their capacity as content host, by the following obligations:
- Hold and store data that could enable the identification of any person who has disseminated content through it, in the event that the judicial authorities request it,
- Remove and/or prevent access to illegal content as soon as it becomes aware of it.
However, the Platform Publishers are not subject to a general obligation to monitor and control the information and content disseminated, nor even to a general obligation to seek out facts or circumstances revealing illicit activities.
Therefore, you only agree to distribute content for which you have the rights, for which the rights holder has expressly authorized you to distribute it, 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 their beneficiaries.
Furthermore, you must not under any circumstances offer on this section the sale, donation or exchange of stolen goods or goods resulting from embezzlement, fraud, breach of trust or any other criminal offense.
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 agree not to insert in the contributions addresses or hypertext links referring to external sites which are contrary to the laws and regulations in force, which infringe the rights of third parties or which are contrary to these General Conditions of Use.
The Platform Editors do not accept any disruptive online activity, such as spamming, sending persistently off-topic messages, or statements that encourage others to violate these rules of conduct or participate in illegal activities. Participants are encouraged to take part in a discussion and express themselves in a positive context.
ARTICLE 7 – APPLICATION OF FRENCH LAW
The rules applicable to the use of the Platform and all Content and information it contains are governed by French law. In the event of a dispute, the French courts will have sole jurisdiction.