Privacy Policy

PRIVACY POLICY

www.hbs.tv

Last updated on 17 January 2019

PREAMBLE

This privacy policy informs you about the way in which HBS France uses and protects the information that you transmit to us, as applicable, when you use this website accessible from the following URL: www.hbs.tv (hereinafter the “Website”).

Please note that this privacy policy may be modified or supplemented at any time by HBS France, particularly in order to comply with any legal or technological developments. In such event, the date of its update will be clearly stated at the top of the current policy. Such modifications are binding on the user as soon as they are put online. The user should therefore regularly consult this privacy policy so as to be aware of any modifications.

• PARTIES

This privacy policy is applicable between the publisher of the Website, hereafter “HBS France“, and any person logging onto the Website, hereafter “the Internet User“.

• DEFINITIONS

“Website contents“: elements of any kind published on the Website, whether or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

“Internet User“: any person logging onto the Website.

“Website”: Internet website accessible at the URL www.hbs.tv, as well as sub-sites, mirror sites, portals and variations of URLs related thereto.

• SCOPE OF APPLICATION

This privacy policy is applicable to all Internet users. By simply logging onto and/or browsing the Website, you fully accept this privacy policy. Moreover, clicking on “I accept” in the information banner relating to cookies displayed on the Website will confirm your acceptance, while allowing you to personalise the cookies that will or will not be applied to you. You also acknowledge that you are fully aware of this fact and accept them without restriction.

The Internet User acknowledges the value of proof of the automatic recording systems of HBS France and, unless he or she can prove otherwise, he or she waives the right to contest them in the event of a dispute.

Acceptance of this privacy policy assumes that Internet users have the necessary legal capacity to do so, or that they are at least 16 years old, or failing this, that they have the authorisation of a guardian or trustee if they are legally incapacitated, of their legal representative if they are under 16 years old, or that they are duly authorised to do so if they are acting on behalf of a legal entity.

• PERSONAL DATA

In general, you may visit the Website without voluntarily providing any personal information about yourself. In any event, you are under no obligation whatsoever to voluntarily transmit information to HBS France.

Nevertheless, in the event of refusal, you may not be able to benefit from certain information or services that you have requested. In this respect, HBS France may in certain cases ask you to provide your surname, first name, e-mail address, telephone number, company and position. By providing this information, you expressly accept that it will be processed by HBS France for the purposes specified in this document as well as for the purposes outlined at the end of each form.

In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on 14 April 2016 and with current national legislation, HBS France provides you with the following information:

• Identity of the processing manager

The data collection and processing manager for the Website is Host Broadcast Services France (HBS France), SASU with share capital of €500,000, 148 route de la reine 92100 Boulogne-Billancourt, SIREN number: 423 256 460, intra-community VAT number: FR10423256460, contact: Thomas Leloup (head of IS/IT), tleloup@hbs.tv, 01 55 19 20 00.

• Collection of data by HBS France
• Data collected
• Data collected during browsing

When browsing the Website, you consent to HBS France collecting information relating to your use of the Website; the content consulted and clicked on; your demographic data; the device used and its software environment; your location; your connection data (times, pages consulted, IP address, etc.).

• Data collected when using the contact form

The use of the contact form by the Internet User entails the collection by HBS France of the following personal data: surname, first name, company, e-mail address, information transmitted voluntarily by the Internet User for the handling of his/her request (free field).

Internet users who do not wish to provide the information required to use the contact form will not be able to send a message to HBS France directly from the Website.

• Data collected when using the application form

The use of the application form by the Internet User entails the collection by HBS France of the same personal data as the contact form.

Internet Users who do not wish to provide the information required for the use of the application form will not be able to send their applications to HBS France directly from the Website.

• Data collected when using the newsletter form

When using the newsletter form, HBS France may need to collect and process: your email address.

• Purposes of the collection of personal data

The data collected during browsing are subject to automated processing for the purpose of:

– verifying the identity of Internet users;

– ensuring and improving the security of the Website;

– developing, operating, improving, supplying and managing the Website;

– sending information and contacting the Internet User, including by e-mail, telephone and push notification;

– sharing Site content with other people or making known to these other people his/her consultation or opinion, via the social-network sharing buttons;

– if necessary, initiating legal proceedings;

– contextualizing and improving the Internet user’s experience;

– targeting advertising content;

– avoiding any illicit or illegal activity;

– enforcing the terms and conditions relating to the use of the Website.

The data collected during the use of the contact form is subject to automated processing for the purpose of:

– providing a detailed response to the Internet user;

– fulfilling contractual commitments;

– if necessary, initiating legal proceedings;

– verifying the identity of Internet users;

– sending information and contacting the Internet User, including by e-mail, telephone and push notification;

– avoiding any illicit or illegal activity;

– enforcing the terms and conditions relating to the use of the Website.

The data collected during the use of the application form is subject to automated processing for the purpose of:

– studying the applications sent;

– if necessary, initiating legal proceedings;

– verifying the identity of Internet users;

– sending information and contacting the Internet user, including by e-mail, telephone and push notification;

– avoiding any illicit or illegal activity;

– enforcing the terms and conditions relating to the use of the Website.

The data collected during the use of the newsletter form is subject to automated processing for the purpose of:

– sending out newsletters concerning HBS France news.

• Legal basis of processing

The legal basis for the data collected during browsing is the legitimate interest of HBS France, i.e. to carry out an analysis of behaviour on the Website and to obtain improved security and operation of the Website. Some of this data, such as that resulting from the installation of certain cookies, may have as a legal basis the consent of individuals.

The data collected when using the contact form has as a legal basis the consent of the data subjects.

The data collected when using the application form has as a legal basis the consent of the data subjects.

The data collected when using the newsletter form has as a legal basis the consent of the data subjects.

• Data recipients

The data collected may only be consulted by HBS France, and is never made freely viewable by an individual third party.

• Duration of storage of personal data

The personal data collected during browsing is stored for a reasonable period necessary for the proper administration of the Website and for a maximum of 13 months.

The personal data collected when using the contact form is kept for a reasonable period of time necessary for the proper management of the Internet user’s request, and for a maximum of 12 months.

The data collected when using the application form is kept for a reasonable length of time necessary for the proper management of the application received by HBS France, and for a maximum of 12 months.

The data collected during the use of the newsletter form is kept until the withdrawal of the consent of the data subjects.

After these retention periods, HBS France undertakes to delete the data of the data subjects definitively.

• Security and confidentiality of personal data

Personal data is stored in secure conditions, according to the latest technical means, in accordance with the provisions of the General Regulations for Data Protection and current national legislation.

• Minimisation of personal data

HBS France may also collect and process any data transmitted voluntarily by an Internet user, particularly via the free field in the contact form.

HBS France guides Internet users as far as possible when they provide unnecessary or superfluous personal data.

HBS France undertakes to keep and process only the data strictly necessary for its activities, and will delete any data received which is not useful as soon as possible.

• Respect for rights

You have the following rights concerning your personal data, which you can exercise by writing to us at our postal address or by filling in our online contact form.

• Right to information, access and communication of data

You have the right to access your personal data.

Due to the obligation of security and confidentiality in the processing of personal data incumbent on HBS France, your request will only be processed if you provide proof of your identity, in particular by producing a scan of your valid identity document (in the event of a request via our dedicated electronic form) or a signed photocopy of your valid identity document (in the event of a request sent in writing), both accompanied by the words “I solemnly declare that the copy of this identity document is a true copy of the original. Done at … on …”, followed by your signature.

• Right of rectification, deletion and right to have data omitted

You have the right to request the correction, updating, blocking or deletion of your personal data, which may be incorrect, erroneous, incomplete or obsolete.

You may also define general and specific guidelines regarding the handling of personal data after your death. Where appropriate, the successors of a deceased person may apply to have the death of their loved one taken into consideration and/or to make the necessary updates.

• Right to object to data processing

You have the right to object to the processing of your personal data.

• Right to data portability

You have the right to receive the personal data you have provided us with in a transferable, open and readable format.

• Right to Limit Processing

You have the right to request that the processing of your personal data by HBS France be limited. Consequently, your data may only be stored and no longer used by HBS France.

• Response times

HBS France undertakes to respond to your request for access, rectification or objection or any other additional request for information within a reasonable period of time which may not exceed 1 month from receipt of your request.

• Making a complaint to the competent authority

If you consider that HBS France is not complying with its obligations with regard to your personal information, you may submit a complaint or a request to the competent authority.

• Transfer of collected data
• Transfer to partners

HBS France informs you that we use authorised service providers to facilitate the collection and processing of the data you have communicated to us. These service providers may be located outside the European Union and receive the data collected on the Website.

HBS France has previously ensured that its service providers have implemented adequate guarantees and that they comply with strict conditions in terms of confidentiality, use and protection of data, for example via the American Privacy Shield.

The Internet user consents to the data collected being transmitted by HBS France to its partners and being processed by said partners as part of third party services, specifically:

• Transfer on requisition or court order

The Internet User also consents to HBS France communicating the data collected to any person, on the requisition of a state authority or on a court decision.

• Transfer upon a merger or acquisition

If HBS France is involved in a merger, a sale of assets, a financing transaction, a liquidation or insolvency or in the acquisition of all or part of its business by another company, the Internet User consents to the data collected being transmitted by HBS France to said company and to said company conducting the processing of personal data referred to in this privacy policy instead of HBS France.

• POLICY ON TRACKERS/COOKIES

When you first connect to the HBS France website, you are warned by a banner at the bottom of your screen that information relating to your browsing may be recorded in files known as “cookies”. Our policy on the use of cookies enables you to better understand the provisions we implement in terms of browsing on our website. In particular, it informs you about all the cookies present on our website, their purpose, and provides you with instructions on how to set them up.

The use of cookies is common on the Internet. A cookie is a small text file containing information, which is stored on the hard drive of your terminal (e.g. computer, tablet or mobile phone) when you visit a website using your browser software. It is transmitted by a website server to your browser. The cookie file enables its sender to identify the terminal in which it is stored during the period of validity or registration of the cookie in question.

For more information on cookies, you can consult the following pages:

– http://www.allaboutcookies.org/fr/

– https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser

– http://www.youronlinechoices.com/be-fr/

• Use of trackers/cookies

HBS France, as the publisher of this website, may implant a cookie and other trackers on the hard disk of your terminal (computer, tablet, mobile, etc.) in order to ensure smooth and optimal browsing on our website, and in order to obtain your browsing and web behaviour data.

Cookies are small text files of limited size that allow us to recognize your computer, tablet or mobile phone in order to personalise the services we offer you.

To better inform you about the information that cookies identify, you will find below a table listing the different types of cookies likely to be used on the HBS France site, their name, their purpose and their storage period.

• Use of trackers

With the help of the information contained in the trackers and cookies used, HBS France can analyse the attendance and use made of the Website and, where appropriate, facilitate and improve browsing, carry out canvassing operations, draw up commercial statistics or display targeted advertising.

• Trackers used

NB: These cookies are not present on the website. It is therefore not necessary to make them appear.

• Setting your cookie preferences

When you first connect to the HBS France website, a banner presenting summary information about the placing of cookies and similar technologies appears at the bottom of your screen. This banner enables you to configure the cookies that will be applied to you during your browsing on the Website. You are deemed to have given your agreement to the placing of cookies by clicking on the “I accept” icon to the right of each cookie in the banner appearing at the bottom of your screen.

• Cookies exempt from consent

In accordance with the recommendations of the Commission Nationale de l’Informatique et des Libertés (CNIL), certain cookies are exempt from obtaining your consent beforehand insofar as they are strictly necessary for the operation of the website or have the exclusive purpose of enabling or facilitating communication by electronic means. These include session identifier cookies, authentication cookies, load balancing session cookies and cookies for personalising your interface. These cookies are fully subject to this policy insofar as they are issued and managed by HBS France.

• Cookies requiring obtaining your consent beforehand

This requirement applies to cookies issued by third parties, which are referred to as “persistent” in that they remain in your terminal until they are deleted or expire.

As such cookies are issued by third parties, their use and storage are subject to their own privacy policies. This family of cookies includes audience measurement cookies, advertising cookies, and social network sharing cookies.

Audience measurement cookies compile statistics on the frequency of visits and use of various elements of the website (such as the content/pages you have visited). This data helps to improve the ergonomics of the HBS France website.

You can freely accept or refuse the storage of this type of cookie. By default, they will be deactivated during your browsing.

• Maximum storage life of trackers

Trackers are intended to be kept on the Internet User’s computer for a period of up to 13 months. Such data is kept in secure conditions, using the latest technical techniques, in accordance with the provisions of the General Data Protection Regulations and current national legislation.

• Objection to the use of trackers

• Right of objection to the use of trackers

You can accept or refuse the placement of cookies at any time, via the Website’s cookie banner or via the “Privacy Policy” section.

NB: (We will integrate the link to the cookie manager here once it is in place and also in the footer).

The Internet User may delete or deactivate the use of cookies whenever he or she wishes by modifying the settings of his or her browser. It is possible to consult the Website without cookies. However, certain functions of the Website may not work if the Internet User has disabled the use of trackers, such as self-completion of forms or browsing indicators.

• Settings

Each Internet browser offers its own settings for cookie management. The Internet User may configure his/her browser software so that cookies are rejected, either systematically or according to their originator. The Internet User may also configure his/her browser software so that he/she is offered the option of accepting or rejecting cookies from time to time, before a cookie is likely to be stored on his/her terminal.

Each browser is configured differently to manage cookies and the choices made by the Internet User. This is described in the browser’s help menu, which will enable you to find out how to change your preferences with regard to cookies:

• For Internet Explorer;
• For Safari;
• For Chrome;
• For Firefox;
• For Opera.

For cookies stored by Google Analytics: https://support.google.com/analytics/answer/181881

For cookies stored by Facebook: https://fr-fr.facebook.com/help/cookies

For cookies stored by Twitter: https://support.twitter.com/articles/20170518-utilisation-des-cookies-et-des-technologies-similaires-par-twitter

For cookies stored by LinkedIn: https://www.linkedin.com/legal/cookie-policy?_l=fr_FR

For YouTube stored cookies: https://support.google.com/youtube/answer/32050?hl=fr

WARNING: We draw your attention to the fact that refusing to store cookies on your terminal is nevertheless likely to alter your user experience as well as your access to certain services or functionalities of this website. Where applicable, HBS declines all responsibility concerning the consequences linked to the deterioration of your browsing conditions which occur because of your choice to refuse, delete or block the cookies necessary for the functioning of the website. Such consequences may not constitute damage and you may not claim any compensation as a result.

For further information concerning the tools used to control cookies, you can consult the dedicated page on the CNIL website here.

• INTELLECTUAL PROPERTY

• Legal protection of Website Content

The Contents of the Website may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of HBS France or its assignees or successors in title constitutes a contravention of Books I and III of the Intellectual Property Code and will be liable to give rise to legal proceedings for counterfeiting.

• Contractual protection of Website Content

The Internet User undertakes contractually with HBS France not to use, reproduce or represent, in any way whatsoever, the Content of the Website, whether or not it is protected by an intellectual property right, for any purpose other than that of being read by a robot or a browser. Such prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Website for indexing purposes.

• FINAL STIPULATIONS
• Amendments

This Privacy Policy may be modified at any time by HBS France. The conditions applicable to the Internet user are those in force at the time of his/her logging onto the Site, any new logging onto the Website implying acceptance of the new conditions, where applicable.

• Entirety

The nullity of one of the clauses of this contract shall not result in the nullity of the other clauses of the agreement or of the agreement as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation by a valid stipulation corresponding to the spirit and purpose of this contract.

• No waiver

The failure of HBS France to exercise the rights granted to it by this document may under no circumstances be interpreted as a waiver of said rights.

• Language

These conditions are set out in French.

• Unfair Clauses

The provisions of these conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.

• DISPUTES
• Governing law

This Privacy Policy is subject to the application of French law and European regulations, in particular the European Data Protection Regulation.

• Disputes

In accordance with the order no. 2015-1033 of 20 August 2015, any disputes that may arise in connection with the implementation of these terms and conditions and whose solution has not been previously resolved amicably between the parties shall be submitted to Medicys.

• Arbitration

Any dispute arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the FastArbitre Rules of the Digital Institute for Arbitration and Mediation (Institut digital d’arbitrage et de médiation).