ARTE

General Conditions of Use

Version dated 27 May 2019

ARTE G.E.I.E. (hereinafter “ARTE”), the registered office of which is at 4 quai du Chanoine Winterer, 67000 Strasbourg (France) and which is registered at the Strasbourg Trade and Companies Register under the number C 382 865 624, publishes electronic services that are accessible on its websites and using mobile and tablet applications.

Definitions:

For a better understanding of these General Conditions of Use, Users should refer to the following definitions:

“Sites”: means all the electronic services published by ARTE, in their web, mobile and tablet versions, accessible via a wired or wireless network using a browser or an application, irrespective of the means used to access them.

“Content”: means all the audiovisual, textual, sound, graphic and photographic elements of the software, applications, animations and games, etc. available on the Sites, and particularly the Videos offered by means of the Player.

“Player”: means the software developed by and belonging to ARTE, allowing the viewing of the channel’s Live broadcasts and of Videos published by ARTE, on and/or off the Sites using the “Embed” function, and the generation of sharing links using the “Share” function.

“Videos”: means all the audiovisual items offered by means of the Player.

“Live”: means the simultaneous broadcast on the Internet of ARTE’s television signal.

“User”: means any person accessing the Sites regardless of the network or means used.

Scope of the General Conditions of Use:

These General Conditions of Use determine the use of all the Sites with the exception of ARTE Boutique, ARTE Magazine, ARTE Radio, ARTE Studio, ARTE Sales, ARTE Pro and EDUC’ARTE, which are subject to different conditions of use.

Accepting the General Conditions of Use:

Consultation of the Sites and use of the Content, as well as use of the Player and/or its “Embed” and “Share” functions, whether on or off the Sites, as well as use of the “My ARTE” service, are governed by these General Conditions of Use.

The applicable version of the General Conditions of Use is the version in force during each consultation of the Sites and/or use of the Content and services by the User.

ARTE will notify Users that have signed up to “My ARTE” of any modifications of functionalities linked to the “My ARTE” service or these General Conditions of Use (via ARTE’s website and via an e-mail sent to the e-mail address given by the User at the time of the registration on « My ARTE »). Users that do not have a “My ARTE” account will not be notified in advance should the General Conditions of Use be updated in any way. Users are therefore advised to consult the General Conditions of Use regularly so as to be aware of any amendments made thereto and of the version in force at the time of consultation of the Sites and/or use of the Content and services on offer.

In the event that the User is a minor, those with parental authority are responsible for ensuring compliance by the User with these General Conditions of Use. They are legally bound to monitor their child’s use of the Content made available by ARTE.

ARTE reserves the right to make a claim against the User in the event of breach of these General Conditions of Use by the User.

Each point of these General Conditions of Use is valid separately and shall remain valid and applicable independently of the others. The invalidity of any provision or part of these General Conditions of Use will not affect the validity of the other provisions.

ARTICLE 1 – PURPOSE OF THE SITES

Among other things, the sites allow the User:

  • to consult information relating to the channel, its mission, its programmes and their broadcast
  • to view some of the channel’s programmes Live and/or on demand
  • to consult pages relating to the channel’s programmes and that are the extension of its activity onto the Internet
  • to share certain links by e-mail, on social networks or other sites
  • to post comments on the participation areas of the Sites
  • to create a “My ARTE” profile in order to see the Videos partially or entirely watched and to create a personalised list of Videos
  • to take part in games subject to particular rules

 

ARTICLE 2 – ACCESS TO THE SITES

ARTE grants the User an unrestricted and non-exclusive right of access to all the Sites for the purpose of individual consultation or consultation strictly in the context of the family circle. This right of access allows the User to consult the Sites and to use the Content in the context of these General Conditions of Use.

However, certain services offered on the Sites require the User to register; for example, the publication of comments on the participation areas (see Article 5 below) and the use of “My ARTE” accounts.

ARTE is not subject to any performance obligation with regard to the functioning of the Sites and the availability of the Content.

Consequently, the User expressly acknowledges that ARTE may at any time block access to all or part of the Sites or of the Content, particularly by reason of constraints or limitations of a technical or legal nature, without prior notice and at its sole discretion.

 

ARTICLE 3 – USE OF THE SITES

The Sites and the Content are protected by intellectual property rights, and in particular by copyright and trademark law.

The right of access granted to the User (see Article 2) does not include any authorisation to reproduce or represent the Sites or the Content. Accordingly, any reproduction or representation of all or part of the Sites or of the Content, other than in the exceptional legal cases provided by the Intellectual Property Code, without ARTE’s prior written consent, will constitute an act of counterfeiting and may be the subject of a claim in the competent courts.

Users therefore agree, subject to civil and/or criminal penalties for non-compliance, not to reproduce or arrange to reproduce, not to represent or arrange to represent, or adapt, amend, transfer, market, distribute or imitate all or part of the Sites or the Content.

Users accept that ARTE has exclusive editorial control of the Sites and the Content. They expressly acknowledge that ARTE may at any time amend or delete all or part of the Sites or of the Content, without prior notice and at its sole discretion.

The Sites may contain links to other sites or services published by third parties in relation to the Content. ARTE endeavours only to offer the User links to sites or services that are free from anomalies, errors or bugs, but it cannot guarantee that their use will not pose any risk to the User.

Consequently, the use of sites or services published by third parties is excluded from the scope of these General Conditions of Use and shall take place subject to the conditions of use specific to those sites.

The Sites may contain Content that is not appropriate for minors. Persons with parental authority must be aware of this and monitor the use of the Sites by minors under their supervision.

In this context, if a programme is likely to be unsuitable for a young audience, ARTE may warn the User of that programme’s sensitive nature and/or arrange for it to be available on demand between 11pm and 5am only.

 

ARTICLE 4 – USE OF THE PLAYER

ARTE has developed an exportable Player that allows the User to:

  • view the channel’s Live broadcasts and the Videos published by ARTE and to choose between the various language versions available
  • share certain Videos off the Sites using the “Embed” function
  • share part of the Content by e-mail or on social networks using the “Share” function
  • temporarily download Videos via the ARTE application

For contractual reasons, ARTE is likely to geolocate access to the Live broadcasts and/or Videos in order to restrict their viewing from certain countries. Bypassing, deactivating or altering the conditions of access is expressly prohibited. For more information on this point, consult the FAQ.

The Player is protected by copyright as software and must be used in the form supplied by ARTE. Any modification, adaptation, deletion, decompilation or reverse engineering of the Player, its functionalities or its appearance is expressly prohibited without the prior authorisation of ARTE in writing. The Player may also carry “pre-rolls”, short advertising or promotional messages broadcast before the start of the Videos.

In accordance with the contractual provisions agreed with the rights holders, normal use of the Player as authorised by these General Conditions of Use allows the User to view the Live broadcasts and the Videos without the ability to save them permanently. Only a temporary download via the ARTE application is authorised for certain content. Unless stated to the contrary, final and permanent downloading of the Videos offered by means of the Player is not allowed.

Consequently, any saving, regardless of the process or medium used for that purpose, of all or part of the Live broadcasts and/or of the Videos, which is not within the scope of a legal exception provided by the intellectual Property Code, is expressly prohibited without ARTE’s prior authorisation in writing.

In the same way, Users are reminded that editing or making available or communicating to the public any software, application, site, etc., that allows the normal use of the Player to be bypassed, particularly in order to definitively and permanently download all or part of the Direct broadcasts and/or of the Videos, is not allowed.

4.1 Use of the “Share” function

The “Share” function allows the User to share links to the pages of the Sites containing Videos by e-mail or on social networks. Users simply have to copy the link generated by the Player and paste it in the e-mail or on the intended site.

4.2 Use of the “Embed” function

The “Embed” function allows Users to export certain Videos offered by means of the Player off the Sites. In order to do this, Users must only use the embed code generated by the Player. Any embedding of one or more Videos using another process (framing, etc.) is expressly prohibited.

For contractual reasons, ARTE is likely to geolocate access to the Videos in order to restrict their viewing from certain countries. Thus, only Users with access to the Videos may validly use the “Embed” function to export them off the Sites.

When using the “Embed” function, Users must always ensure that the ARTE logo remains visible and that they do not deactivate the Player’s links to the Sites. Users must not imply that ARTE approves of the site or of the content of sites where the Videos are embedded, that they are in partnership with ARTE or that they are offering privileged access to the Videos.

ARTE reserves the right to block the “Embed” function for sites or services that do not have the necessary authorisation and/or that do not comply with the conditions set out below.

4.2.1 Conditions of use of the “Embed” function

Use of the “Embed” function is only allowed if the following conditions are met:

  • The purpose of embedding Videos is not to take over the services published by ARTE, whether in full or systematically, or to take over a programme or genre of programme, whether in full or systematically.
  • Access to embedded Videos must be provided under the same conditions as on the Sites.
  • Users must not make any commercial use of the Player and of the embedded Videos and/or must not benefit from any direct or indirect financial advantage (advertising, sponsorship, subscription, etc.) or compensation of any kind therewith.

Before any use that might fail to satisfy the cumulative conditions set out above, Users are asked to contact ARTE in order to obtain an authorisation, if necessary.

4.2.2 “Embed” function destination sites

Users also undertake not to embed Videos on sites or services in the following categories :

  • sites promoting discrimination, hatred or violence on the grounds of gender, presumed race, ethnicity, origin, religion, disability, sexual orientation, political opinions, etc.
  • sites infringing personal and property rights and particularly the intellectual property rights of third parties
  • sites promoting narcotics or the alcohol, tobacco and arms industries
  • sites encouraging the commission of crimes and/or offences
  • sites contravening public order and/or infringing public morals
  • sites containing comments that are deliberately harmful to the image or reputation of the channel and/or of its programmes and/or of their rights holders

4.3 Offline mode

Users can temporarily download certain content available on the ARTE app to watch within 72 hours or less, if the content is available on the app for a shorter period of time. There is no limit to the number of times the Content may be downloaded, but this must be done within the period of its availability on the ARTE app.

4.4 Indemnities given by the User

In the event that a third party takes legal action against ARTE as a result of a breach of the conditions of use of the Player by the User that has caused direct or indirect loss to the third party (for example, use of the Player that contravenes these General Conditions of Use and/or infringes the intellectual property rights of a rights holder), the User agrees to indemnify ARTE in proportion to its liability for carrying disputed acts out, in respect of its damages, costs and expenses, including any legal fees and litigation costs that ARTE might be obliged to incur due to that action.

 

ARTICLE 5 – USE OF THE PARTICIPATION AREAS

5.1 Purpose of the “Participation areas” service

ARTE makes available to Users participation areas, where they can share their comments regarding the Content of the Sites.

Use of the participation areas is subject to the unreserved acceptance and application of these General Conditions of Use.

Users must certify that they are adults and have legal capacity or, if they are minors, that they have obtained their parents’ or guardians’ authorisation to use the participation areas.

5.2 Terms of access to the participation areas

In order to post a comment, Users must:

  • Identify themselves by specifying their name or pseudonym (which must not be contrary to public order and/or infringe third party rights) and a valid e-mail address. No other information concerning Users will be communicated to the public.
  • Enter the comment.
  • Send the comment.

Comments sent in this way will be posted in the participation areas and will be retained for a period of three years unless the User asks for them to be deleted or ARTE decides to remove them for the reasons set out below.

Users are responsible for any misuse and/or for any actions taken using their name or pseudonym. In the event of the misuse of a pseudonym or identity theft of a User, the User undertakes to inform ARTE without delay.

5.3 Users’ obligations in the participation areas

a) Users are responsible for the comments that they post in the participation areas. As such, they undertake, in particular, to comply with the laws and regulations in force, including:

  • the provisions relating to privacy, right of publicity and property rights, intellectual property law (particularly copyright and trademark law) and press law (particularly in the area of defamation, incitement to racial hatred or violence, revisionism or Holocaust denial, etc.),
  • the rules relating to public order and public morals, particularly the regulations applicable with regard to pornographic and paedophile content.

b) In particular, Users undertake:

  • to not pass themselves off as another person or express views on behalf of a company, association, etc. without being authorised to do so;
  • not be aggressive or violent;
  • not distribute deliberately false information;
  • not disclose confidential information;
  • not upload items containing viruses;
  • not harass other Users or third parties in any way whatsoever, in particular by the repetition of identical or similar messages;
  • not make comments inciting hatred, violence, suicide, terrorism, the practice of illegal activities or the commission of crimes of offences;
  • not make comments of a discriminatory, racist, xenophobic, antisemitic, homophobic or pornographic nature, or in the nature of Holocaust denial or paedophilia, etc.;
  • not advertise any brand, product or service;
  • not collect and store other Users’ personal data;
  • not use their pseudonym in such a way as to conceal the origin of the published message;
  • not behave in such a way as to harm the image and/or reputation of ARTE.

c) Users undertake not to use their comments to promote websites that contravene these General Conditions of Use, and particularly not to insert HTML links in their comments to sites that contravene these General Conditions of Use.

d) Users undertake to provide ARTE with accurate information so that it can contact them if necessary.

5.4 Moderation of the participation areas

Comments sent by Users are moderated by ARTE according to these General Conditions of Use either before their publication on the participation areas.

ARTE reserves the right, without notifying Users in advance, to delete or not to publish all or part of any comments that contravene these General Conditions of Use or the laws and regulations in force.

ARTE may also temporarily or permanently prohibit all Users’ access to the participation areas.

In addition, Users may also ask ARTE to delete their comments at any time by sending an e-mail, making sure to include the following information: the date of publication, User name or pseudonym and the URL of the participation areas concerned.

5.5 Users’ responsibilities and guarantees

Users accept that the comments they post will be made available to the public in the participation areas.

Users guarantee ARTE that they have any authorisation that may be necessary for the publication and/or sharing of the comments that they post on the participation areas, particularly with regard to privacy, right of publicity and property rights and intellectual property law (copyright and trademark law, etc.).

Users acknowledge and accept that the comments that they post on the participation areas are under their entire responsibility and they warrant ARTE against any complaints or claims that might be made against it in relation to the comments that they post.

If Users insert HTML links in the comments that they post, they are responsible for their reliability and compatibility with these General Conditions of Use, including with regard to the Content, products and services, etc. offered on the sites to which those links lead.

5.6 Participation areas and personal data

By voluntarily uploading comments to the participation areas of the Sites, Users acknowledge and accept that they will be made accessible to the public on the Sites and that ARTE does not have the technical means to prevent their potential collection and storage by other Users. Their subsequent use off the Sites is in no way controlled by ARTE, who cannot be held liable in that respect.

In order to post a comment, Users must enter their name or user name as well as their email address. ARTE can use the email address provided to contact the User, should their comment breach these General Conditions of Use.

This information is retained on the ARTE servers for a period of three years.

According to the modified French data protection act of 6 January 1978 and the European Union regulation (EU 2016/679) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), Users have a right to data portability of their personal data, a right to access, rectify, oppose, delete, transfer and limit the processing of their data. They can exercise these rights by sending an email to ARTE’s Data Protection Officer (DPO) or a letter to the following address:

ARTE GEIE – DPO/Legal department, 4 quai du Chanoine Winterer, 67000 Strasbourg.

In order to protect Users’ privacy, ARTE may take reasonable steps to verify their identity before giving them access to their personal data or modifying it.

For practical reasons, if the request is related to a My ARTE account, it must come from the email address used as a login.

Upon written request, made on paper or electronically, ARTE will inform the User at any moment of the nature of their personal data that ARTE has stored. The sole data that ARTE still needs in order to fulfil its obligations or exercise its rights, as well as the data that the law requires ARTE to retain, is excluded from any deletion.

ARTE is subject to the French and European regulations in relation to personal data and the notices issued by the French data protection authority (CNIL), to whom Users can complain.

5.7 ARTE’s prerogatives and disclaimer

ARTE reserves the right, at any time and at its sole discretion, to keep online, delete or moderate all or part of the items in the participation areas without having to inform Users in advance and without incurring any liability in that respect.

ARTE assumes no liability for the deletion of comments published in the participation areas of the Sites.

 

ARTICLE 6 – USING THE “MY ARTE” SERVICE

6.1 Purpose of the “My ARTE” service

Users can create personalised accounts, i.e. User profiles, on the ARTE Site. These allow them to add Videos to their favourites, see which Videos they have already watched, subscribe to programmes, take part in competitions and to subscribe to different newsletters.

Using the “My ARTE” service is reserved for Users who are at least 18 years old and have legal capacity. Those with parental authority are responsible for any use of their accounts carried out by their children.

6.2 Access to the “My ARTE” service

Account creation and management is carried out by way of the Single Sign‑on system (hereinafter referred to as SSO). It is used on arte.tv and on the ARTE Android and IOS applications, as well as ARTE HbbTV applications. This system allows ARTE to recognise the User on all its digital offers. Users can then log in to his profile without having to sign up again. It can also be used to facilitate any potential user age checks put in place in order to protect younger audiences. By providing Users with unique logins, the SSO automatically uses their personal data. When Users sign up to the ARTE SSO, they agree to the use of their personal data as detailed below.

6.3 The Newsletter ARTE

Users can sign up to the different ARTE Newsletters by ticking the relevant acceptation box via a click (opt‑in).

For ARTE’s weekly Newsletter, the User can choose from different categories/interests.

By ticking the relevant acceptation box “Information of the partners” (opt‑in), The User can ask to receive information from ARTE partners. If they do so, ARTE will transfer information and offers from its partners to the User. Users’ personal data is not transferred to partners.

ARTE can track which HTML links in the Newsletter are opened and used in order to personalise the Newsletter according to Users’ preferences.

If a User does not open the Newsletter for several weeks, it will be sent to him/her less often.

Users will be informed of the aforementioned conditions (6.3) when they sign up to the Newsletter.

6.4 Contests

Users can participate in contests through their “My ARTE” account. Participating in competitions is subject to the prior acceptance of the contest rules, which are available on the contest registration website.

6.5 “My ARTE” and personal data

The Single Sign‑on system (SSO) uses various authentication cookies that help to recognise the User’s browser within the limits set by ARTE Sites. They are also used to identify the User, which means the User does not have to sign up several times to the ARTE portal.
When the User signs out, the “Standard Authentication Cookie” is deleted from the SSO. Another authentication cookie is saved on the User’s computer for a period of time independent of the duration of his sessions. It enables the User to stay connected without having to sign in at the beginning of each session (staying active until the User signs out manually).
These cookies are deleted at the end of the User’s session.

For more information about the cookies used on ARTE pages, see the “ARTE and cookies” section.

When Users sign up to the SSO, ARTE collects the following personal data:

  • identification data when Users fill in the central sign‑up form: their email address (mandatory)
  • Metadata: when a User creates an account, certain data (metadata) are retrieved to describe their account. These metadata are essential for the service to work (for example: password, date account was created, IP address used when account was created, date of last login with SSO, date personal data were last modified, etc.) data linked to features of the personal page: usage data (favourites, previously‑watched content, etc.),
  • Personal Data for some one‑off actions (e.g. date of birth or postal address in the case of a competition)

Email addresses are used for identification purposes and to obtain dual confirmation of registration; the dual confirmation of registration is done by clicking on an authentication hyperlink sent by email to the User’s email address (double opt‑in system) or to communicate the User’s password to them if it is lost.

ARTE uses the data collected via the SSO to know which Content Users look at and to assess them using statistics.

This information helps us to know which pages of the Site are particularly popular, when services are most used and which browser versions or operating systems are used.

ARTE can also find out if Users open the Newsletter and which of its links they click on.

This data is retained within the European Union on a secure platform provided by the service provider Login Radius.

User identification data is not transferred to third parties, except:

  • If it proves necessary for the proper functioning of ARTE’s services.
  • If ARTE is required to do so by law or as a result of a court order.

Unless otherwise requested by the User, data is retained for three years following his/her last login. If a User has still not logged in after three years, he/she will receive an email inviting them to do so as soon as possible. If they do not do so, their data will be deleted from the ARTE database.

ARTE puts in place technical and organisational security measures to ensure its Users’ personal data is protected against loss, fraudulent alterations and unauthorised access by third parties. Furthermore, only those with authorisation within ARTE are able to access personal data, and only in situations when it is necessary. Data collected when the User signs up is transferred encrypted, as is all subsequent communication between the SSO servers and the ARTE portal.

Users can modify some of their information by going to the “My ARTE > My profile” section, or delete their account by going to “My ARTE > My profile > My account > Delete the account”.

According to the modified French data protection act of 6 January 1978 and the European Union regulation (EU 2016/679) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), Users have a right to data portability of their personal data, a right to access, rectify, oppose, delete, transfer and limit the processing of their data. They can exercise this right by sending an email to ARTE’s Data Protection Officer (DPO) or a letter to the following address:

ARTE GEIE – DPO/Legal department, 4 quai du Chanoine Winterer, 67000 Strasbourg.

In order to protect Users’ privacy, ARTE may take reasonable steps to verify their identity before giving them access to their personal data or modifying it.

For practical reasons, if the request is related to a My ARTE account, it must come from the email address that is used to log in to the account.

Upon written request, made on paper or electronically, ARTE will inform the User at any moment of the nature of their personal data that ARTE has stored. The sole data that ARTE still needs in order to fulfil its obligations or exercise its rights, as well as the data that the law requires ARTE to retain, is excluded from any deletion.

ARTE is subject to the French and European regulations in relation to personal data and the notices issued by the French data protection authority (CNIL), to whom Users can complain.

 

ARTICLE 7 – LIMITATION OF WARRANTY AND OF LIABILITY

7.1 Responsibility of the User and ARTE in general

By using the Sites or the Content, Users warrant that they have the appropriate abilities, equipment and software to use the Sites and the Content and, more generally, the Internet, without risk.

Users are fully aware and bear the consequences of the characteristics of the Internet and its use, and in particular of the limitations associated with technical performance, response times and the risks associated with the security of communications.

ARTE will not be liable to compensate intangible and/or tangible losses suffered by Users and/or third parties of any kind and for which it has not been proven that actions on ARTE’s part were the cause.

7.2 Site, Content and Internet malfunctioning; Interruptions

ARTE gives no warranty that the Sites and the Content will be free of anomalies, errors or bugs, or that they will function without breakdown or interruption. In this respect, ARTE can freely determine any period of unavailability of the Sites and of the Content, for technical reasons, to improve the services offered or to optimise their use.

In the absence of public order provisions to the contrary, ARTE cannot be held liable for the malfunctioning of the Sites, the Content or the Internet, or for any interruption of the service, regardless of the nature and duration thereof.

7.3 Data loss, viruses, intrusions

In the same way, ARTE cannot be held liable for any damage resulting from use of the Sites, the Content and the Internet such as loss of data, computer intrusion, viruses or other unintentional problems, unless it has been proven that ARTE has failed in its obligation to ensure data security through adapted measures. In any case, ARTE cannot be held liable for any loss resulting from a case of force majeure.

7.4 Connection and communication costs

In the same way, ARTE cannot be held liable for connection costs, and in general, for any communication costs incurred as a result of access to and use of the Sites and the Content.

 

ARTICLE 8 – APPLICABLE LAW AND JURISDICTION

These General Conditions of Use are subject to French law.

The French version of the General Conditions of Use is the legally binding version.

In the case of Users acting as professionals, any disputes arising from the interpretation or application of these General Conditions of Use will come under the jurisdiction of the Strasbourg courts.

Identification:

ARTE G.E.I.E., a European Economic Interest Grouping registered at the Strasbourg Trade and Companies Register under the number C 382 865 624, the registered office of which is at 4 quai du Chanoine Winterer, 67000 Strasbourg (France).