GENERAL TERMS AND CONDITIONS OF USE

Val Media online media library

 

In effect on 02/11/2023

 

The present general terms and conditions of use (hereinafter known as the ‘GT&C’) set out the conditions upon which Val d'Isère Tourisme, the Val d’Isère sports club, the Val d’Isère Téléphériques and the Mairie de Val d’Isère (hereinafter known as the ‘Partners’) authorise, on a non-exclusive basis, any natural or legal person (hereinafter known as the ‘User’) to access the online media library available on the website https://ot-val-isere.ephoto.fr/ (hereinafter known as the ‘Val Média online media library’) and to use any content available (hereinafter known as the ‘Content’) thanks to their designated digital account (hereinafter known as the ‘Account’).

 

PREAMBLE

1. Co-publishers

The Partners are the co-publishers of Val Media online media library. They are each responsible for their own use and serve as the contact person for the User in accordance with this use.

The Partners are as follows:

  • Val d'Isère Tourisme

BP 228 - Place Jacques Mouflier, 73 155 Val d’Isère Cedex

+33 (0)4 79 06 06 60

info@valdisere.com

VAT no.: FR59388667602

Chambéry trade and companies register number: 388 667 602

  • Val d'Isère sports club

BP 61 - Route de la Balme, 73150 Val d'Isère

+33 (0)4 79 06 03 49

info@valsport.org

VAT no.: FR78776511115

  • Société Val d’Isère Téléphériques (ski lifts)

Gare Centrale, 73150 Val d’Isère

+33 (0)4 79 06 00 35

stvi@compagniedesalpes.fr

VAT no.: FR89380241513

Chambéry trade and companies register number: 380 241 513

Registered capital: €2,737,800.00

  • Mairie de Val d’Isère

Montée du Thovex, 73150 Val d’Isère

+33 (0)4 79 06 01 60

mairie@valdisere.fr

VAT no.: FR95217303049

2. Other parties

Pursuant to article 6 of the confidence in the digital economy act no.2004-575 of 21 June 2004, the User of the Val Media online media library is notified of the identity of other parties involved in the creation and monitoring of the tool:

  • Co-directors of publication: Christophe Lavaut, Ingrid Jacquemod, Arnaud Mollanger and Patrick Martin
  • Webmaster: webmaster@valdisere.com
  • Host: Alter Way - 1 rue Royale, 92210 Saint-Cloud

3. Presentation and description

Val Media online media library is a platform that enables the User to use Content related to Val d'Isère. Access is exclusively reserved for people looking to participate in the promotion of the Val d'Isère destination.

The GT&C are available to the User on the Val Media online media library, where they can be directly consulted and printed.

At any moment, the Partners can add new services, resources and features on the Val Media online media library, and publish new versions. The new services and/or features are governed by the present GT&C, as well as any additional condition that the Partners may publish, in accordance with these services and/or specific features. 

4. Accepting the present GT&C

In accessing Val Media online media library and in creating an Account, each User declares and guarantees to have read and accepted the present GT&C and agrees to comply with them, in ticking the ‘I certify to have read and accepted, without reservation, the Val Media online media library GT&C’ box.

The use of the Val Media online media library is reserved for natural persons over the age of 18, with full legal capacity. Anyone under the age of 18 is not permitted to use Val Media online media library. In accessing, using or creating an account on the Val Media online media library, the User declares and guarantees to be over the age of 18 and to have legal capacity.

 

ARTICLE 1 - ACCOUNT ACCESS, USE AND SECURITY

1.1 Creating an Account

All Users of the Val Media online media library are obliged to create an Account to be able to access the services.

The User must issue a request to subscribe by accepting the Val Media online media library GT&C and in filling in all the fields of the required form. The following information must be provided: civil status, first name, surname, company/organisation represented, category, email address, postal address, telephone number, password and planned use of the Val Media online media library Content.

The User’s rights regarding the downloaded Content vary in accordance with the category of User to which they belong.

The User declares to provide accurate and true information.

Once validated, the subscription request is sent to the teams at Val Media online media library for verification and validation. The User will then receive an email informing them that their Account has been created.

The Partners reserve the right to refuse the creation of an Account if the information provided is incorrect or if the User’s activity does not correspond with the use of Val Media online media library authorised by the present GT&C.

1.2 Account security

The User shall not divulge their login details under any circumstances and shall not transfer them to a third party. The User is responsible for any use involving their login details and any use of photographs as a result. In the event that the confidentiality of the login details is no longer ensured, the User shall inform the Partner of their choice immediately, who will then notify the other Partners.

The User is strongly recommended to change their password on a regular basis, by connecting to their Account, and to use a secure password by avoiding any choices that could be easily identified.

The personal data that the User will be required to provide the Partners on the Val Media online media library so that they can respond to requests for information when activating an Account, is collected and processed in a fair and lawful manner, and is used for the implementation of contractual measures. This data is only used for the purposes of managing the Val Media online media library, in accordance with the General Data Protection Regulation (GDPR).

1.3 Account suspension

The Partners reserve the right to suspend the User’s Account, or block access to the Val Media online media library in the event of the following: 

  • If the Val Media online media library reasonably determines that this person has breached the present GT&C;
  • If the information provided by the User in question appears to be false, incorrect or expired;
  • If the rights of a third party have been violated;
  • If this is ordered by a legal ruling.

1.4. Account removal

The User can remove their Account at any time, via their Account management preferences.

 

ARTICLE 2 - FEATURES OF THE MEDIA LIBRARY

The User of the Val Media online media library can fill a ‘basket’ with the selected Content and save it.

The selected Content can be previewed and downloaded as long as the User has been granted the right to do so by the Partners, in accordance with article 3 of the present GT&C.

For each file downloaded, an Excel file containing important information about the Val Media online media library file (title, author, geographic indication, date taken, number of pixels, photo credit if required, any restrictions of use, etc.) can also be downloaded.

 

ARTICLE 3 - DOWNLOADING AND USING CONTENT

3.1 Downloading

To download Content, the User Account needs to have been validated by an administrator from Val Media online media library. Depending on the User’s category, they can access all or a part of the sections and files, and can download Content or not, in accordance with the rights for their category.

3.2 User license

The Partners grant a free, non-exclusive and non-transferable user license to the User who downloads Content, as long as the User respects the conditions detailed hereafter.

This user license allows the User to use and copy the downloaded Content on an international scale, according to the specific duration that is specified and applicable to each Content. This duration is specified in the technical file that corresponds to each Content. The User will be notified by email of the date upon which they are no longer authorised to use the downloaded Content.

The Partners authorise the User of the Val Media online media library to copy the downloaded Content onto any physical or digital media.

Every use of Content should be accompanied by the photo credit specified when it was downloaded.

3.3 User obligations

The rights to download and/or view Content are issued on a personal level to the User, who has been identified via the request to create an Account and/or to download. 

The User shall provide reliable and correct information, particularly when requesting to download Content.

The User declares in particular to:

  • Use the downloaded Content in its original form, without modifying it, unless a prior agreement has been established with the Partner responsible for this Content, and with written authorisation from said Partner;
  • Mention, using visible and clear text, each time the Content is used, the photo credit specified at the time of downloading;
  • Only use the Content on their own media;
  • Use the Content exclusively for the promotion of the Val d'Isère destination, the promotion of any other destination is forbidden;
  • Use the Content in accordance with the duration of the right to access Val Media online media library.

The User is strictly unauthorised to:

  • Share the downloaded Content with a third party;
  • Use the downloaded Content for the purchase of advertising space;
  • Modify the appearance of the photos (filters, alterations, etc.) unless a prior agreement has been established with the Partner responsible for this Content, and with written authorisation from said Partner;
  • Misrepresent or affect the integrity of the data to which they have access.

 

ARTICLE 4 - INTELLECTUAL PROPERTY

All features of the Val Media online media library (such as the graphics charter, domain name, logo, etc.) are protected by copyright, trademark rights or patents. Likewise, the brands, logos, drawings and models featured on the Val Media online media library are the exclusive property of the Partner who published them. Their disclosure shall in no case be interpreted as granting a user license or the right to use any of the brands or specific copyright-protected items. Therefore, their use constitutes an act of infringement according to articles L. 335-2 et seq. of the Intellectual Property Code.

 

ARTICLE 5 – GUARANTEES AND LIMITATIONS OF LIABILITY

The User understands and accepts that access and/or use of the Val Media online media library is granted ‘as is’, without any form of guarantee, either express or implied, statutory or other. As such, the Partners do not guarantee the suitability of the Val Media online media library, including data, to the User’s needs, and the User is solely responsible for ensuring that the use of Val Media online media library, including the data, is in line with their needs.

The Partners cannot guarantee the continuity of the Val Media online media library and reserve the right, at any moment, without prior notice or formal demand, nor compensation, to temporarily or definitively suspend access to the Val Media online media library for any reason of their choice, and to make any modifications or improvements to Val Media online media library that they judge necessary, without prior notice or formal demand.

The Partners cannot guarantee the absence of anomalies in the input and/or display on the screen and/or paper at the time of publication.

The User expressly recognises that the Partners cannot be held liable in any way for any direct or indirect damage to the User’s equipment when accessing the Val d’Isère online media library, resulting either from the use of equipment that is not suitable for the use of the Val Media online media library, or from the appearance of a fault or technical incompatibility.

The Partners hold the user rights over the photographs made available. However, they shall not be held liable for any appeal, charges, claim or request from any person, particularly regarding the image reproduction rights of a person featuring in this image, for the production, reproduction, publication, telecommunication and broadcast to the public by the User, of one or more photographs that the User may have edited or modified in any way.

 

ARTICLE 6 - HYPERLINKS

The Partners cannot be held liable for external hyperlinks embedded in the Val Media online media library and the content of the third party websites they lead to, despite these websites being regularly verified.

 

ARTICLE 7 - ALERT PROCEDURE AND NOTIFICATIONS OF MISUSE

In accordance with the alert procedure described hereafter, the User is invited to notify the Partner of their choice, who will then inform the other Partners, of any fraudulent use to their knowledge of the Val Media online media library and services. This includes the use of any Content in breach of the restrictions detailed in the present GT&C and more generally of the legislative and regulatory provisions in force.

If the User believes that a part of the data infringes their intellectual property rights or image rights, they shall notify the Partner of their choice, who will then inform the other Partners, using the contact details provided in the preamble of the present GT&C, including their own contact details and the Content in question.

The Partners shall immediately remove from the Val Media online media library and/or render inaccessible any data that infringes intellectual property rights and/or image rights of a person and/or property rights, that they have been informed of.

 

ARTICLE 8 – DURATION, UPDATE AND TERMINATION OF THE GT&C

8.1. Duration

The present GT&C are valid for an undetermined time period from when they are accepted by the User.

8.2. Termination

The present GT&C can be terminated at any moment, without prior notice, by deleting an Account or by suspending browsing on the Val Media online media library if the User has not created an Account.

In the event that one or more of the obligations detailed in the present GT&C are not respected by the User, and without prejudice to civil and/or criminal sanctions applicable for any breach of third party rights made by the User, the Partners reserve the right to immediately terminate the present GT&C with the User, without prior formal notice, and consequently to remove the User’s Account, without prejudice to any damages.

Once the Account has been removed, any Content downloaded and stored, as well as all activity related to an Account will be irrevocably removed.

8.3. Updates and modifications to the GT&C

The Partners reserve the possibility to modify all or a part of the present GT&C at any time and without giving notice. If the User continues to access or use the Val Media online media library, this means they accept these changes. Access and use of the Val Media online media library are subject to the current version of the GT&C, regulations and directives published on the Val Media online media library at the time of use. The User is advised to check the GT&C on a regular basis via the link on the homepage https://ot-val-isere.ephoto.fr/.

 

ARTICLE 9 – PERSONAL DATA

9.1. Collection of personal data

Upon each visit to the Val Media online media library, Val d'Isère Tourisme collects the User’s connection and browsing data such as IP address, date and time of connection, as well as data concerning the IT equipment and computer software used.

The following personal data is also collected:

  • First name, surname, civil status, date of birth;
  • Postal address, email address, telephone number;
  • Login and encrypted password used by the User to log in.

9.2. Data controller

Val d'Isère Tourisme collects personal data and processes this data.

9.3. Purposes of processing

Val d'Isère Tourisme only processes data when it is necessary to do so to contact the User, to process their requests, create and manage their Account, create and manager their access to online services or to carry out statistical surveys.

9.4. Legal basis for processing

The legal grounds for processing are prior and express consent of the people concerned, the fulfilment of the agreement between the User and Val d'Isère Tourisme, the need to respect a legal obligation or for defence in the event of legal proceedings, to ensure the security of the Val Media online media library, and in fulfilling Val d'Isère Tourisme’s public service.

9.5. Data storage duration

The User’s personal data is stored for the duration that the Account remains active. An Account that remains inactive (no login) for longer than 3 years shall be removed.

There are two exceptions to this rule:

  • The User exercises their right to remove their personal data, according to the conditions detailed hereafter;
  • A longer storage duration is authorised or imposed, pursuant to legal or regulatory obligation.

9.6. Security and privacy

During this period, Val d'Isère Tourisme implements the organisational, technical, software and physical measures with regards digital security, to ensure the confidentiality and security of the User’s personal data, to prevent this data from being damaged, deleted or accessed by unauthorised third parties.

9.7. Recipient

Possible recipients of all or some of the data: the departments of Val d'Isère Tourisme, those in charge of the use and maintenance of IT systems, subcontractors commissioned by Val d'Isère Tourisme for all or a part of a processing. No data will be transferred outside of the European Union.

Other than the cases set out above, Val d'Isère Tourisme shall not sell, rent, transfer or give access to third parties to the User’s data without their prior consent, unless they are required to do so for a legitimate reason (legal obligation, fight against fraud or misuse, exercising defence rights, etc.).

9.8. Data subject’s rights

In accordance with the amended ‘Data Protection Act’ of 6 January 1978 and the European Regulation no. 2016/679/EU of 27 April 2016, the User has the right to access, rectify or remove their data, the right to portability and the right to limit data processing. The User can also oppose the processing of their own personal data, for legitimate reasons.

The User can, upon production of valid proof of identity, exercise their rights by sending their request:

  • By email to the following address: info@valdisere.com;
  • Or by registered letter with acknowledgement of receipt to the following address:

Val d'Isère Tourisme

Place Jacques Mouflier BP 228

73 155 VAL D'ISERE CEDEX

9.9. The use of cookies

When the User browses the Val Media online media library, Val d'Isère Tourisme can access their computer or device in order to recognise them under a technical identifier. This involves the use of cookies, which can be automatically deleted when the browser is closed or after a fixed time period.

When the Val Media online media library is viewed for the first time, the Val d'Isère Tourisme cookies preferences window pops up so that the User can accept or refuse the use of cookies via the Sirdata consent management platform, the privacy policy of which can be viewed here.

Cookies technology is used to personalise the features provided, to adapt the presentation of pages from the Val Media online media library to the display preferences of a device, to the equipment and software used by the User.

Val d'Isère Tourisme uses the following types of cookies, the storage period of which does not exceed the recommendations from the CNIL (French data protection authority):  

  • Cookies required to provide the services of the Val Media online media library (cookie duration: 12 months);
  • Session cookies. These cookies are only used to produce statistics with anonymous personal data, implementing Google Analytics (cookie duration: 24 hours);
  • Persistent cookies. These cookies analyse, optimise and personalise your Internet browsing experience. These cookies are only stored with the User’s prior and express consent (cookie duration: 12 months);
  • Social media cookies. When the User uses buttons to share online content via social networks such as X and Facebook, a cookie is stored in the device’s browser (cookie duration: 12 months).

9.10. Additional information regarding data protection

For any further information or to make a claim, the User can contact the French Data Protection Authority (find out more on www.cnil.fr).

 

ARTICLE 10 – APPLICABLE LAW – LANGUAGE

The present GT&C and resulting operations are governed and subject to French law.

The present GT&C were originally drawn up in French. Where there are translations into other languages, only the French text shall be used in the event of a dispute.

 

ARTICLE 11 - LITIGATION

The User can send any claim regarding the present GT&C to the Partner of their choice, who will inform the other Partners, using the contact details in the preamble of the present GT&C, so that the claim can be dealt with as quickly as possible.

In the event that an amicable solution is not reached, any challenge as to the validity, interpretation and/or fulfilment of the present GT&C should be taken before competent courts, even if there are several defendants or in the event of a guarantee.