General conditions of use
The current general conditions of use (hereafter referred to as the “GCU”) determine the applicable conditions for use of the content of the current digital media library (hereafter referred to as the “Digital Media Library”) by a User (hereafter referred to as the “User”).
The Digital Media Library is made available by the CNB company (accessible at the following link: legal terms) (hereafter referred to as “CNB”) accessible on the website at the following URL: www.pro.lagooncatamarans.com (hereafter referred to as the “Website”). The goal of the Website is to provide access and enable use by the Users of photographs, videos, plans, press announcements, logos or any other documentation placed online by CNB (hereafter referred to as “Files”).
1. Accepting the GCU
Any access of the Website and/or any use of the Digital Media Library by the User implies full acceptance by the User of the GCU. Any download of Files is subject to full acceptance by the User of the GCU, who must check the box provided to this effect.
The current GCU can be consulted online on the Website. They are susceptible to being modified without any formal notice that a new modified version is online, and the latest version will be retained.
2. User Account and Access to the Digital Media Library
Use of the Digital Media Library is exclusively destined for four (4) categories of Users:
- “The Press,” notably the journalists of national daily publications, regional publications, specialised or industry magazines;
- “The Dealer Network” of exclusive dealers for CNB and the Lagoon brand;
- “Partners,” notably associations, partners, suppliers and charter companies; and
- “Internal Personnel,” including employees of CNB as well as partners.
It should be noted that the use of Files depends on the category in which the User belongs.
The Website is accessible to all Users, but access to the Files is conditioned on the creation of a User Account (hereafter referred to as the “Account”). Before access to the Digital Media Library is granted, the User must request access from CNB by completing a registration form, notably mentioning their first and last name, the name of the company for which they work, their e-mail and mailing address, and the desired destination of the Files. The User agrees to provide to the Organiser with complete and accurate information for the opening of their Account and for any modification of this information. In opening an Account, the User notably declares having the legal capacity to agree to comply with the current GCU and to assent to any eventual obligations that may result.
Each request for access is transmitted to CNB. CNB reserves the right to refuse registration on the Website and/or access to the Digital Media Library, to suspend, limit, and/or take away access, at their sole and unique discretion and without notice. CNB reserves the right to delete the Account of a User in the case of non-respect by said User of one of the clauses of the current GCU.
In the case of acceptance of registration and/or of the request for access, CNB will send the User a confirmation e-mail as well as a User identification and password. These are strictly personal and confidential. The User is expressly forbidden from communicating this information to anyone for any reason.
In the case of lost User identification information for connection, the User can request a reminder by clicking on the link, “Forgot Password,” found on the page for connection to the Website, then by completing the information requested of them. Their password will then be sent to them via e-mail.
The User is responsible for all downloads conducted with their identification information and any damage resulting from eventual fraudulent use. Any connection and/or use of Files using their identification information will be considered having been conducted by the User entitled with said identification information, and as such, their exclusive responsibility.
3. Download and Use of Files
The Use of Files depends on the category to which the User belongs, such as:
The Press is authorised, non-exclusively and worldwide, to download Files in high definition and to use them, free of charge, in any physical or digital media, exclusively in the press (general or specialised printed press or on the Internet), whether the Files are utilised for editorial or cover page content.
The Dealer Network and Internal Personnel are authorised, non-exclusively and worldwide, to download the Files in high definition and to use them, free of charge, in any physical or digital media (printed or on the Internet), for the promotion of the Lagoon brand(s) and products exclusively.
The Partners have the ability to consult the Files and must first contact CNB for any eventual utilisation.
Use of the Files as defined is possible, on condition of respect for all of the following conditions:
- The Files must not be used in any case for illustration in articles or reports without relation to the activity de CNB, and the case being, with the Lagoon brand or brands, or with its products, or that might infringe on or damage the image of the brand or its reputation;
- The Files must not in any case be used for commercial, publicity, immoral, defamatory or injurious ends, destined to denigrate people (whether private individuals or legal entities) or goods, and/or any other utilisation that would be contrary to the laws in effect in France and in the countries where the Files would be utilised;
- The Files must not in any case be communicated to third parties;
- The Files must not in any case be modified, in any way. Thus it is forbidden, for example, to make any modifications of colours or cropping of the Files. The User is, however, authorised to reduce the size of a file on the condition that the entire File be reproduced, that the initial proportions and resolution quality are respected; and
- Any File reproduction must necessarily include the photo credit, with the name of the photographer and/or identification of the image, as well as the mention of ©Lagoon, according to the File selected.
The copy in which the File appears (copy of a journal, URL of a Website, PDF document proof, Website address where photographs or screen captures appear...) must first be submitted to CNB, mailed to the following address: CNB (Lagoon), Communications & Marketing Services, Route de La Roche-sur-Yon, 85500 LES HERBIERS.
For any other utilisation not foreseen by the GCU, the User must obtain expressed prior agreement from CNB.
4. Intellectual Property
The Digital Media Library and its content, notably the Files, are protected by the intellectual property rights (copyright, brands, etc.) belonging to CNB or to third parties according CNB a licence agreement for use. The access rights conferred to the User (as defined above) cannot in any case be interpreted a transfer of the intellectual property rights on the Files.
Any use of Files that does not respect the GCU constitutes piracy, punishable by the Intellectual Property Code, and exposes the User to legal proceedings. In case of doubt, regarding the scope of authorisation of use of the Files conferred by the General Conditions, it is recommended that the User contact CNB.
No right of use is conferred to the User for any element of the Digital Media Library other than the Files. The reproduction or representation, in whole or in part, of any element of the Digital Media Library, by any process or media, is forbidden and constitutes piracy.
5. Warranty Exclusions – Limited Responsibility
Access to the Digital Media Library and the use of Files are conducted under the full responsibility of the User.
CNB, its affiliated companies and their representatives or employees, will not be held accountable for damages, even directs, accidental or not, resulting from use of the Digital Media Library and/or the Files in a way that is not consistent with the GCU and/or the legislation in effect.
The User agrees to indemnify and to guarantee CNB, its affiliated companies, and their representatives or employees, to not bring any legal action against them in the case of usage of the Digital Media Library and/or Files that is not consistent with the GCU and/or the legislation in effect.
CNB does not in any case guarantee the absence of any virus on the server used, nor the access to and smooth functioning of the Digital Media Library. CNB, its affiliated companies, and their representatives or employees, cannot be held responsible for damages, even direct, whether accidental or not, that might result from the degradation or destruction of the IT installation of a User by a virus following access to the Digital Media Library and/or its use or consequences of inaccessibility or poor functioning of the Digital Media Library.
6. Protection of Personal Data
- Applicable Laws
The User is informed and accepts that their personal data will be collected on the Website and used by CNB, which acts in their capacity as responsible for data processing in accordance with the General Data Protection Regulation (EU) 2016/679, by the European Parliament and Council on April 27th, 2016, relative to the protection of individual people with regard to the processing of personal data and to the free circulation of this data, and repealing Directive 95/46/CE (the “GDPR”).
- Processing Personal Data
The personal data of the User, such as their first and last name, the name of the company for which they work, their e-mail and mailing address, are used uniquely with their consent.
Saved personal data are reserved for the use of the internal services of CNB, and notably, “Communications and Marketing” services.
Personal data can also be accessible by service providers of CNB (notably for the hosting of the Website). In this case, the Users’ personal data cannot be communicated to third parties except for purposes targeted in the current informational notice or with the consent of the Users. Service providers acting according to instructions from CNB are held responsible for putting appropriate measures into place for the protection of personal data.
The personal data of Users are collected for the following purposes:
- Improvement and personalisation of services offered to Users on the Website ;
- Respect for legal and regulatory obligations.
Users’ personal data are stored for a duration of three (3) years, and for a duration of thirteen (13) months, counting from their creation as cookies.
- Exercising Personal Data Protection Rights
In compliance with the GDPR, the User has:
- The right to access and correct, delete, and acquire personal data concerning them;
- The right to limit and oppose for legitimate reasons the processing of their personal data;
- The ability to send directives to the Organiser in order to organise the future of their personal data (storage, deletion, communication to a third party, etc.) after their death; (these rights will hereafter be referred to as “Digital Rights and Freedoms”).
To exercise one or more Digital Rights and Freedoms, the User must send a request by e-mail via firstname.lastname@example.org or write to the following mailing address, indicating their first and last name, their mailing address and their preferences: Direction Juridique, BENETEAU, Les Embruns, 16 Boulevard de la Mer, 85800 SAINT GILLES CROIX DE VIE.
Each request to exercise these des Digital Rights and Freedoms must be signed, accompanied by a photocopy of an official form of identity bearing the signature of the User, and it must state the address to which CNB must reply. The reply to the request made on the basis of one or more Digital Rights and Freedoms will be addressed with a maximum delay of two (2) months counting from the reception of the request by CNB.
The User also has the right to recourse from a national regulatory authority, such as the Commission Nationale de l'Informatique et des Libertés (CNIL), in the case of a violation of the applicable regulation in terms of personal data protection, and notably, the GDPR.
The User can, as well, unsubscribe at any moment from newsletters or from any other communications sent by CNB by clicking on the link to unsubscribe, included in each newsletter/communication.
While consulting the current Website, certain information relative to the User’s navigation are susceptible to being saved in Files called “Cookies,” installed on the terminal (computer, tablet, cell phone or any other device optimised for using the Internet). These cookies are created by the Organiser with the goal of better meeting the expectations of the User and facilitating their navigation on the Website.
- What Is a Cookie
A cookie is a text file that, thanks to the web browser, is saved in a dedicated space on the hard drive of a User’s terminal while visiting a Website or consulting an advertisement. It contains multiple data, notably the name of the server that deposited the cookie (server of the Website visited), along with identifying information in the form of a unique number, and potentially, an expiration date for said cookie.
Cookies enable the emitter to recognize the terminal of a User in which it is saved, to collect information relative to their navigation on Websites and to offer them personalised services. Cookies do not contain any information that identifies the User personally, and only the emitter of a cookie can read or modify the information contained there.
- Cookies Used by the Website
“Required cookies” are necessary to ensure the proper function of the Website: they enable the site to remember information entered into forms, to manage and secure private access (registration or access to an Account, service requested, etc.);
“Functional cookies” enable the Website to adapt its presentation to the viewing preferences of a User’s terminal (language used, display resolution, etc.), and as such, personalise access to the Website ;
“Analytical cookies” (or “audience measurement cookies”): these anonymously gather data on website traffic to establish statistics and frequency volumes (number of visits, pages viewed...) and to learn about the use of elements composing the current Website (sections and pages visited…) enabling the Company to track and improve the quality of its services. Furthermore, this Website uses Google Analytics, a Website analysis service provided by Google Inc. (“Google”) that enables the Company to analyse the use of the Website by its Users;
“Social cookies” enable the User to interact with the social media modules on the Website (Facebook, Twitter…).
“Application cookies” enable the User to find the contents of their shopping cart again, even after leaving the Website.
- User Management of Cookies
The User can control and manage the installation of cookies on their terminal by setting the parameters of their web browser.
It is thus possible to configure the browser to accept or reject all cookies, whether systematically or according to their emitter. It is also possible for the User to choose to be automatically informed when a cookie is saved on their terminal.
8. Applicable Law and Relevant Jurisdiction
The GCU are regulated by French Law.
Any litigation related to the use of the Digital Media Library or relative to the GCU will be submitted to the exclusive authority of the relevant jurisdictions of PARIS, notwithstanding concurrent defendants or the introduction of third parties, including for urgent or protective proceedings, in a summary procedure or a petition.