Terms and conditions of use for the France Galop website

Date updated: 14/05/2018

ARTICLE 1 - DEFINITIONS

In the present Terms and Conditions of Use, the words or expressions starting with a capital letter have the following meaning:

Article: The specific rights and obligations stated in the T&C.

T&C: Terms and Conditions of Use, whose purpose is to determine the rules of use for the Website and the associated Services offered by FRANCE GALOP. This contract determines the obligations of the User and of FRANCE GALOP.

Account: The personal account created by the User with the aim of managing their preferences for the Services they use.

Information: All works, information and publications (articles, photos, videos, brands, etc.) accessible via the Website.

Partners: The companies external to FRANCE GALOP with whom FRANCE GALOP has a contractual relationship.

Service(s): All online services and features offered by FRANCE GALOP that Users can access via the Website.

Website: All web pages published by FRANCE GALOP, accessible at the URL address “ http://www.france-galop.com/ “, and its associated directory through which the Services and Information can be accessed.

User(s): Any person who has created an Account and accesses, browses and/or uses the Website’s Information and/or Services, regardless of where they are and how they have connected to the Website.

ARTICLE 2 – GENERAL TERMS

The Website, which is published by FRANCE GALOP and can be accessed at the URL address “ http://www.france-galop.com/ “, allows the User to access several online services.

When accessing, browsing and/or using the Website’s Information and/or Services, the latest version of the T&C and the applicable rights from legislative (e.g. laws) and judicial sources (e.g. final court decisions) constitute the requirements that govern the relationship between FRANCE GALOP and the User.

If one of the provisions in the present T&C is declared null or non-applicable with regard to the applicable rights at the moment that the User accesses, browses and/or uses the Website’s Information and/or Services, it shall be deemed unwritten and all the other provisions shall still apply.

FRANCE GALOP reserves the right to alter the present T&C at any time and without prior notification. As a result, the User is advised to regularly read the latest version of the T&C available on the Website.

The User may contact FRANCE GALOP via the “Contacts” section, displayed at the bottom of all of the Website’s pages, and at the following email address “webmaster@france-galop.com”.

ARTICLE 3 – ACCESS AND USE OF SERVICES AND INFORMATION

The User is responsible for any equipment and material methods that allow them to access, browse and/or use the Website’s Information and/or Services. The User must also pay for any telecommunication costs incurred while accessing and browsing the Website.

FRANCE GALOP grants the User a revocable, non-transferable, non-exclusive and free user license for the Website’s Services and Information. This license is strictly personal.

Consequently, the User agrees to respect the obligations stated by virtue of the present T&C, in particular “ARTICLE 5 – RESPECT OF INTELLECTUAL PROPERTY RIGHTS”.

The User agrees to fulfil the following requirements with regard to the Website’s integrity:

Not to use software, devices or tools of any sort that might disrupt the Website’s proper functioning, and to ensure that the computer configuration they use is free from such software, devices or tools.
Not to undertake any actions that might lead to a disproportionate load for FRANCE GALOP’s infrastructures.

ARTICLE 4 – MANAGEMENT OF THE USER ACCOUNT

4-1 Creating an Account

In addition to offering unrestricted access to its features, Website gives the User the option of creating an Account to benefit from various exclusive features, namely:

Enabling the User to watch videos, live videos and online replays
Enabling the User to stay up-to-date with news about a certain horse thanks to the “Follow” feature and emails
Allowing the User to access their personal account so that they can manage their subscriptions to FRANCE GALOP newsletters and commercial offers

To sign up, the User must be over the age of eighteen (18), have the ability to finalise a contract in the eyes of the law, and have unreservedly accepted the present T&C. Opening an account in the name of a legal entity is only permitted if the person concerned is over the age of 18 and is authorised and capable of acting on behalf of said legal entity. The User also agrees to open only one account corresponding to their profile.

The User will provide FRANCE GALOP with the necessary personal information. When filling in the registration form, the User assures FRANCE GALOP that the information provided about their identity and their details is correct, true, up to date and complete. The User agrees to provide a valid email address.

Failure to adhere to these conditions will lead the application of the penalties stated in sections “4.3 Temporary suspension” and “4.4 Cancelling your subscription and deleting your Account” in the present Article.

4-2 Personal information

The User agrees to regularly update the information given in their profile, so as to ensure it remains correct.

The User alone is responsible for the use of their login details (email address and password) and for ensuring they remain confidential, as well as for any use of their Account. The User agrees to inform FRANCE GALOP immediately in the event of any unauthorised use of their Account or any breach in the confidentiality and security of their login codes, via the “Contacts” section displayed at the bottom of all of the Website’s pages, and at the following email address “webmaster@france-galop.com”.

If FRANCE GALOP has serious and impartial motives to believe that the security of the Website or its Services has been violated, or that the User’s login codes have been used in an unauthorised way, then FRANCE GALOP may, after suspending the Account, require these login codes to be changed, namely to preserve the integrity of the Website and its Services.

4-3 Temporary suspension

Once the User has created their Account, FRANCE GALOP reserves the right to temporarily suspend the Account in the following cases:

The User has supplied false, inexact, obsolete or incomplete information in their profile
The User has not kept all of their personal information up to date, meaning that said information is false, inexact, obsolete or incomplete
The User has supplied an invalid email address
FRANCE GALOP has serious and impartial motives to believe that the security of the Website or its Services has been violated, or that the User’s login codes have been used in an unauthorised way
The User fails to adhere to the requirements set out in the present T&C, or for serious and impartial motives, which may be communicated to the User by request via the “Contacts” section displayed at the bottom of all of the Website’s pages, and at the following email address “webmaster@france-galop.com”

4-4 Cancelling your subscription and deleting your Account

The User is free to unsubscribe at any time:

Via the “Contacts” section displayed at the bottom of all of the Website’s pages, and at the following email address “webmaster@france-galop.com”
Via the Website, on the “My Account” page > “Settings” > “Delete my Account”.

If the User cancels their subscription, their Account and all the User’s personal details will be permanently deleted from our system.

FRANCE GALOP will permanently delete the User’s Account and all of their personal details in the following cases:

The User requests to unsubscribe
After a period of inactivity (not signing into their Account using their login codes and not accessing their personal Account, not clicking on any hypertext links in a FRANCE GALOP email, no information requests sent by email) in the User’s Account equal to or exceeding three (3) years
The User has created an Account but does not adhere to the age restrictions or is unable to accept the present T&C as described in section “4.1 Creating an Account” in the present Article
FRANCE GALOP has unbiased and justified motives to do so, has previously notified the User by all methods (by email or registered letter), and in the event that the User has violated any applicable laws, either criminal laws or those that protect the rights of a third party, or if their behaviour has damaged the interests of another person, whoever that might be, including FRANCE GALOP or any other company legally tied to FRANCE GALOP
Upon presentation of substantiating documents in the event that the User is deceased

ARTICLE 5 - RESPECT OF INTELLECTUAL PROPERTY

The structure and content of the Website belong exclusively to FRANCE GALOP. The reproduction or distribution of all or part of the elements and/or information featured on this Website, regardless of how they are obtained, and for any purpose that is not strictly personal, without prior authorisation from FRANCE GALOP, is prohibited and constitutes a form of counterfeiting which is punishable by articles L 335-2 and subsequent articles of the Intellectual Property Law.

The databases featured on the Website are protected by the provisions of the French Law of 11 July 1998, transposing the Intellectual Property Law and the European Directive of 11 March 1996 regarding the legal protection of databases. The extraction and reuse of quantitively or qualitatively substantial content from the databases featured on the Website is strictly prohibited. Any transgressions may be punishable by articles L 343-1 and subsequent articles of the Intellectual Property Law.

The FRANCE GALOP and Partner brands, as well as the logos that feature on the Website are trademarked and protected. The partial or total reproduction of these brands or logos copied from the Website without FRANCE GALOP’s prior authorisation is prohibited, as per articles L.713-2 and subsequent articles of the Intellectual Property Law.

Consequently, the User agrees to adhere to the following obligations:

Not to use software or processes to copy the Website’s Information without FRANCE GALOP’s prior authorisation
Not to alter, change, or even create pieces derived from the Website’s Information without FRANCE GALOP’s prior authorisation
Only to produce short quotations, analyses or copies for press reviews or other uses that are expressly authorised within the limitations and conditions set out in the current legislation, and on the condition that the name of the author(s) and the source are given.
Not to extract or reuse, including for private use, any part, substantial or otherwise, of the content of the databases or archives put together by the Website without FRANCE GALOP’s prior written authorisation.
Not to collect any information about third parties, including email addresses, shown on the Website with the aim of using them to send commercial appeals or the equivalent, or to add them to a referencing service or its equivalent, whether payable or free of charge, or even for competitor monitoring.
Not to set up any systems that might carry out, in part or in full, a counterfeit copy or any act that might be deemed unfair to the Website or might violate the present T&C, including using hyperlinks or so-called “framing” techniques.
To inform FRANCE GALOP as soon as they are aware of any kind of breach (especially with regard to FRANCE GALOP’s intellectual property) or any illicit or non-contractual use of the Website’s Information, regardless of the method of circulation used.
FRANCE GALOP’s prior authorisation, as cited in the above article, may be requested by contacting FRANCE GALOP via the “Contacts” section, displayed at the bottom of all of the Website’s pages, and at the following email address “webmaster@france-galop.com”

ARTICLE 6 - RESPECT OF CURRENT REGULATIONS REGARDING PERSONAL DATA PROTECTION

6-1 Identity of the data processing manager and subcontractors

FRANCE GALOP agree to respect all the obligations included in updated French law no.78-17 of 6 January 1978, regarding data-processing, data files and individual liberties, as well as all applicable French and European legislation regarding this subject, namely Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable as of 25 May 2018.

To make a request to exercise their rights, the User should contact FRANCE GALOP by email at the address “webmaster@france-galop.com” and/or by writing to the following address: FRANCE GALOP – 46, place Abel Gance – 92 655 Boulogne cedex (Hauts de Seine), FRANCE.

FRANCE GALOP take all the necessary measures to ensure the protection and confidentiality of any personal information that they receive and/or process.

Any personal information about the User is subjected to data processing by FRANCE GALOP and by:

A subcontractor that hosts the website and processes the User’s personal information to enable the Website and its Services to function correctly.
A subcontractor that automatically sends emails containing news of a horse via the Website’s “Follow” feature (if the User has subscribed to this feature)
A subcontractor that processes the User’s personal data to enable FRANCE GALOP to offer services and products that match the User’s interests.

6-2 Data processed and processing methods

The User’s personal data that is collected and stored by FRANCE GALOP and its subcontractors is the data collected when the User creates and uses their Account.

When they create their Account, the User is invited to provide certain information. If they fail to fill in the required fields (marked with an asterisk *) on the registration form, they will not be able to create an Account or access certain features offered by the Website.

6-3 Legal bases and the purpose of data-processing

The legal basis for this data-processing is to comply with the T&C agreed between the User and FRANCE GALOP.

The purpose of this processing is as follows:

To enable the User to access the different Services offered by the Website
To enable the User to subscribe to specific services (newsletter, to receive commercial offers) and offer services and products that match the User’s interests
To improve the Website’s content
To draw up audience statistics
To enable the Website to function correctly

6-4 Retention period

The data automatically collected when the User browses the Website is stored in the European Union, in a secure technical environment, until the Account is deleted. When the Account is deleted, the data is removed from all of FRANCE GALOP’s active databases and, if necessary, those of its subcontractors.

If the User has agreed to receive newsletters and commercial offers from FRANCE GALOP, the data collected is stored in the European Union, in a secure technical environment, for a duration of three (3) years after the Account has been closed. This period is reset every time the User makes contact (signs in using their login codes and visits their personal account, clicks on a content hyperlink in an email from FRANCE GALOP, asks for information by email). At the end of this period, and if the User has failed to make contact, the data is removed from all of FRANCE GALOP’s active databases and, if necessary, those of its subcontractors.

6-5 Individual rights

The User is informed that FRANCE GALOP may be required to communicate the personal information collected via the services offered on the Website to administrative and legal authorities who are authorised to search for a person responsible for an offense, while strictly adhering to the statutory requirements.

In accordance with current regulations, the User may oppose the processing of their personal information by exercising their right to oppose. To do this, the User must contact FRANCE GALOP at the addresses given at the beginning of this present Article. FRANCE GALOP will no longer process the User’s personal information, unless there is a legitimate or urgent reason to process this information which prevails over the User’s interests and rights and liberties, or, for ascertainment, to exercise or defend legal rights.

The User understands that, by agreeing to receive commercial offers, they authorise their data to be stored by FRANCE GALOP, and be used for this purpose. They also understand that they have the right to oppose that their personal data be used for such an end. This right can be exercised by writing to FRANCE GALOP at the addresses given at the beginning of this present Article.

The User may also read, change or delete the personal information supplied at any time (via “My account” > “Settings”) and thus exercise their right to access, rectify or delete this information in their user account or by writing to the addresses given at the beginning of this present Article.

The User may exercise their right to data portability by writing to FRANCE GALOP at the addresses given at the beginning of this present Article. The only data covered by the data portability right is the data provided actively and consciously by the User, i.e. the information given to access the service offers on the Website (by creating an Account, filling on online forms, email correspondence, etc.) but also the data generated by the activity of the person concerned when using the Website (IP address, User interests, etc.).

Without prejudice to any other administrative or legal recourse, the User has the right to make a complaint to the regulatory authority, particularly in the member State in which their habitual residence is located, their workplace or the place where the violation was committed, if they deem that the processing of their personal data constitutes a violation of their rights. In France, the authority that regulates personal data-processing is the CNIL.

For more information about their rights, Users can visit the CNIL website: https://www.cnil.fr/

ARTICLE 7 – FRANCE GALOP’S RESPONSIBILITY

FRANCE GALOP is subject to an obligation of means. As a consequence, they agree to do all they can to ensure that it is safe to access, browse and use the Website’s Information and/or Services.

The Information and Services may be accessed 24 hours a day, 7 days a week, except in the event of force majeure or an event out of FRANCE GALOP’s control and subject to potential breakdowns and maintenance work that is required to ensure the Website functions properly. Any maintenance operations may be carried out without giving Users any prior warning.

FRANCE GALOP cannot be held responsible:

In the event that the Website is temporarily unavailable due to maintenance operations, updates or technical improvements, when changing the Website’s content or presentation, or in the event of force majeure or an event out of FRANCE GALOP’s control, as long as these interruptions do not exceed the customary duration
For the content in third-party Websites that hyperlinks featured on the Website lead to
For the loss of earnings or damages incurred due to a loss of data or operating loss caused by accessing, browsing and using the Website’s Information and/or Services or the failure to do so.

It is expressly agreed that, to the extent permitted by applicable law, and in the event that FRANCE GALOP is judged responsible for damages that are not provided for in these present T&C, FRANCE GALOP’s responsibility will be limited to the direct, certain, real and established damages caused.

ARTICLE 8 – THE USER’S RESPONSIBILITY

The User alone is responsible for any direct or indirect, material or intangible damages caused to FRANCE GALOP and/or their Partners, caused by their accessing, browsing and/or using the Website’s Information and/or Services.

The User agrees to accept the characteristics and limitations of the Internet and Mobile Internet, and particularly recognises that:
The technical performances of the Internet and Mobile Internet require a certain amount of processing time to reply, read, examine or transfer the Information, as well as to access, browse and use the Website’s Information and/or Services
They alone are responsible for their Internet and Mobile Internet connection
They access, browse and use the Website’s Information and/or Services at their own risk and under their own responsibility
Any material downloaded by themselves or obtained by any other means when accessing, browsing or using the Website’s Information and/or Services is done so at their own risk, and the User alone is responsible for any damages incurred by their device or any loss of data due to the downloading of this material.
They are responsible for protecting their own data and/or software and it is their responsibility to take the appropriate measures to protect them from any potential viruses circulating on the Website, in its Information or Services.
It is their responsibility to take all the necessary measures to ensure that the technical characteristics of their device and/or computer network allow them to access, browse and use the Website’s Information and/or Services.

ARTICLE 9 – NON-WAIVER

The fact that one of the parties, FRANCE GALOP or the User, does not demand that the other party fulfil their obligations as per the present T&C at a certain moment in time, will not affect this party’s right to demand that said obligations are fulfilled at any other subsequent moment in time. The fact that one of the parties fails to assert that the other party has failed to fulfil any of the provisions in the present T&C does not mean that the party waives all right to assert any other violation of the same provision or any other provisions, nor do they waive the obligation in question.

ARTICLE 10 – APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION

The present T&C are governed by French law. The original T&C are written in French. In the event of any discrepancy between the original French text and this English translation, the French text shall be used to resolve any doubts arising in respect of interpretation and/or application.

The User and FRANCE GALOP will strive to amicably resolve any dispute regarding the interpretation, application and/or cessation of the present T&C.

In the event that they fail find an amicable solution, the dispute will be brought before the French courts.