fr | en

Disclaimers, Cookies  & Credits

General Conditions of Use for the LECENTREDART.ORG website

Purpose

The purpose of these General Conditions of Use is to define the terms and conditions for the provision of services from the lecentredart.org website hereafter called “the Service” and the conditions of use for the Service by the User.

All access and/or Use of the lecentredart.org website implies respecting all of the terms of these Conditions and their unconditional acceptance. They thus constitute a contract between the Service and the User.

In cases where the User does not wish to accept all or part of these general conditions, they are asked to renounce all usage of the Service.

Disclaimers

The lecentredart.org website is produced by:

NOUVEL OEUVRE
LLC with capital of €15,000
Headquarters: 10, Cité Paradis 75010 Paris – France.
SIRET: Paris RCS 443 448 010
APE code: 7511Z

The lecentredart.org website is hosted by:

OVH
Simplified joint-stock company with capital of €10,000,000
Headquarters: 2 rue Kellermann 59100 Roubaix – France.
SIRET: Roubaix RCS – Tourcoing 424 761 419 00045
APE code 6202A – VAT #: FR 22 424 761 419

Definitions

  • User: The User is any person who uses the website or one of the services proposed by the website.
  • User Content: The term “User Content” designates the information given by the User under the different sections of the website.
  • Member: The term “Member” designates an identified user on the website.
  • Member ID: The term “Member ID” covers all the necessary information for the identification of a user on the website in order to access zones reserved for members.
  • Password: The “Password” is confidential information, which the User must keep secret, allowing them, when used with their Member ID, to prove their identity.

Access to Website and Provided Services

The service is freely accessible for any User with Internet access. Some sections of the website are reserved for Members after identification with the help of their Member ID and Password.

All costs pertaining to the access of the Service, whether they are material, software or Internet access fees are exclusively at the charge of the user. Only the latter is responsible for the proper functioning of their computer equipment as well as their Internet access.

The Editor implements all the reasonable methods at their disposal for ensuring quality access to the Service, but are not bound by any obligation to do so. The Editor cannot be held responsible for any network or server malfunctions or for any other event out of their control, which would prevent or decrease access to the Service.

The Editor also reserves the right to interrupt, momentarily suspend or change without notice, access to all or part of the Service, in order to ensure its maintenance, or for any other reason, without the interruption giving right to any obligations or compensation.

The lecentredart.org website reserves the right to refuse access to the Service, unilaterally and without prior notice, to any User not respecting these Conditions of Use.

Intellectual Property

Lecentredart.org’s general structure, as well as its texts, graphics, images, sounds and videos, are the property of the Editor or their partners. Any representation and/or reproduction and/or partial or total use of the content and services proposed by the lecentredart.org website, no matter the method, without prior written authorization from the Editor and/or their partners, is strictly forbidden and will likely cause legal recourse, notably for counterfeiting.

The User is solely responsible for the User Content that they put online via the Service, as well as any texts and/or opinions that they make. They promise, in particular, that this information does not harm legitimate third-party interests whatever they may be, most notably, through content that is hateful, pornographic or incites stigmatizing behavior. As such, the User assures the Editor against all recourse based, directly or indirectly, on these words and/or information, likely to start legal proceedings against the Editor or their partners. The Editor reserves the right to delete all or part of the User Content, at any time and for whatever reason, without notice or prior justification. The User cannot assert any claim in this respect.

Le Centre d’Art is a non-profit and public interest Haitian organization whose purpose is to showcase Haiti’s heritage and artists. The lecentredart.org website is a crossroads of information regarding Le Centre d’Art activities, artists and Haitian art collections. This site highlights Haiti’s heritage and encourages researchers, academics and art lovers to share and enhance the information available on Haitian artists. As part of this framework, the Service publishes different content as well as reproductions of artwork. The Editor does everything possible in the complex Haitian context to gather the consent of the artists concerned or their heirs. In case of disagreement regarding the right to display certain documents, the Editor promises to remove any litigious content after a single circumstantiated request addressed to the Editor and/or their partners.

Personal Information

In the respect of Users’ private lives, the Editor promises that the collection and processing of personal information, occurring on this website, is done in accordance with the regulations in effect. The Editor guarantees the User the right to oppose, access, modify and delete their personal information.

To find out more regarding your rights in regards to personal information, we invite you to read our administrative page on “personal information,” which is an integral part of these General Conditions of Use.

Limits of Liability

The lecentredart.org website is an information website regarding Le Centre d’Art and its activities as well as a crossroads of information on artists and Haitian art collections. The information given on the lecentredart.org website comes from trustworthy sources. However, the Editor cannot guarantee the exactitude or the pertinence of this information. Information and/or documents are likely to contain inaccuracies or errors. The Editor reserves the right to correct these errors as soon as they are brought to their attention. The information and/or documents available on the website are likely to be modified at any moment and can be updated.

Additionally, the information made available on the website is purely for informational purposes and does not constitute in any case whatsoever a suggestion or a recommendation of any kind. Consequently, the Use of information and content available on the entire Website can by no means incur the Editor’s liability on any grounds. The User is solely responsible for making sure that the information on the Website is used properly with discernment and good sense.

Access to certain sections on the lecentredart.org website requires the use of a Member ID and a Password. The Password, chosen by the User, is personal and confidential. The User promises to keep their Password secret and not divulge it any way. The use of their Member ID or Password on the Internet is done at the User’s own risk. It is up to them to take all the measures necessary to protect their own information against any violation.

The Editor promises to set up the necessary methods for guaranteeing the security and confidentiality of the information provided. The User is informed that one or several cookies, containing no personal information, will be placed on a hard drive in order ensure their identification.

The User accepts the limitations and constraints specific to the Internet and, as such, acknowledges the impossibility of completely guaranteeing the safety of their information. The Editor will not be held responsible for any harm ensuing from the transmission of information, including Member IDs and/or Passwords, via the Service.

The Editor will in no case, within the limits of the applicable law, be held responsible for damages and/or harm, direct or indirect, material or immaterial, or of any kind whatsoever, resulting from the unavailability of the Service or any Use of the Service, no matter this usage, lawful or not.

The User promises, by and large, to respect all the regulations in effect.

Hyperlinks

The lecentredart.org website may contain hyperlinks to other sites published by third parties present on the Internet. Insofar as no control is exerted on these external resources, the User acknowledges that the lecentredart.org website assumes absolutely no responsibility regarding the availability of these resources, and cannot be held responsible for their content.

It is possible for third parties to create a link to the lecentredart.org’s homepage, without obtaining express authorization from the Editor. However, the Editor reserves the right to request the deletion of a link when they believe that it is not in accordance with the purpose of the Website.

Force Majeure

The Editor’s responsibility cannot be engaged in case of force majeure or the occurrence of events outside of their control.

Modification of Conditions of Use

The Editor reserves the right to modify, at any time and without notice, these Conditions of Use in order to adapt them to developments on the website and/or its use. It is thus advised that the User regularly consult the latest version of the Conditions of Use available on the lecentredart.org website.

Length and Termination

This contract is finalized for an indeterminate length of time starting from the Use of the Service by the User.

Applicable Law and Relevant Jurisdiction

The precepts, applicable to the content and transmission of information on and around the website, are determined by Haitian law as well as international texts. In case of a potential dispute, and after the failure of any attempt for an amicable solution, it will fall under the jurisdiction of the Haitian courts.

For unlimited reading offline, you can download this article as a PDF free of charge.

Management of Personal Information in Accordance with the Regulations on Cookies and their Configuration

This section is dedicated to the use of cookies for the lecentredart.org website. It will allow you to find out more regarding the origin and usage of browsing information processed during your visit to our sites and your corresponding rights. This page is therefore important for anyone, who would like to have a positive and confident experience with our services, and for us, who wish to respond precisely and completely to questions on visiting the website as well as acknowledge any requests.

In application of the European directive entitled the “Telecoms Package,” you must be informed and give prior consent before cookies and trackers can be dropped on to your device.

Within this framework, you have the possibility to refuse trackers when you visit a website or use an application.

Your prior consent regarding the use of cookies and trackers is valid for a maximum of 13 months.

Additionally, it is explained that, in accordance with applicable regulations, certain trackers do not need your consent to be used.

In order for you to be completely informed and make free and educated decisions, a summary of the applicable rules appears hereafter.

What is a Cookie or Tracker?

The aforementioned regulation concerns trackers that are dropped and identified, for example, when a person looks at a website, reads an email, installs or uses software or an application, whether it be on a computer, Smartphone, digital reader or an online video game console. As such, the term “cookie” covers the following:

HTTP cookies,

“flash” cookies,

the outcome of identifying a device when using a “fingerprinting” method (registering a device’s unique identifier based on its configuration for tracking purposes),

invisible pixels or “web bugs,”

any other identifier generated, for example, by a software or operating system.

These are all tracking methods, whether or not the cookie collects personal information.

Cookies can have many purposes. Regardless of the type of cookies used, only the cookie issuer can identify or modify the information that it contains.

What is the Legal Framework?

Through the adoption of directive 2009/136/CE, European legislation changed the former legal framework (article 5(3) of directive 2002/58/CE) and mandated that a user must give prior consent before information regarding their device can be stored or already stored information can be accessed.

The only exceptions to this rule are if these actions are strictly necessary for the deliverance of a service expressly requested by the subscriber or user.

The transposition of the 2009/136/CE directive into French law took place via ruling #2011-1012 from August 24, 2011, having modified article 32-ll of “The Data Protection Act” from January 6, 1978.

Which cookies require prior notification and consent?

As a matter of principle, the cookies requiring prior notification and consent can be, but are not limited to:

  • cookies related to targeted advertising campaigns;
  • certain audience measurement cookies (see the exemptions below);
  • cookies from social networks generated via share buttons collecting personal information without your consent.

The law indicates that certain trackers do not need your consent to be used.

Cookies for Audience Measurement Solutions (Analytics)

In order for audience measurement cookies to be exempt from prior consent, they must respect the following conditions:

  • notification must be given so that you can object to its usage (a user must be able to object from any kind of device);
  • information collected must not be corroborated with other information (client files or traffic statistics from other websites, for example);
  • the dropped tracker can only be used to create anonymous statistics and cannot monitor browsing on different sites. It must not be saved for more than 13 months and cannot be extended with new visits;
  • raw traffic data that includes identification information can also not be saved for more than 13 months;
  • an IP address used for geolocation is not allowed to identify your street: only the first two octets of the IPv4 address can be kept and potentially used for geolocation (for IPv6 only the first 6 octets can be saved).

The analytics solutions that do not respect the above conditions must receive your prior consent before being used.

DIFFERENT TYPES OF COOKIES USED ON WEBSITES

  • Cookies used for Essential Purposes

These cookies are essential for our website to function. Without them, it would not be possible to access our content or services.

  • Audience Measurement Cookies

These cookies allow us to keep track of the number of people who visit our site and identify how they use the site. The collected data allows us to continually improve your user experience.

The data selected does not allow us to identify a user; their information remains anonymous.

  • Cookies that we use in our Advertising Space

Some cookies are likely to be included in the advertising space on our websites. This advertising space displays advertising content from different companies. This space contributes financially to the content and services that we make available to you.

  • Social Network Cookies

By clicking on the share buttons on our websites, cookies can be dropped on to your device. For example, share buttons from Facebook TM, Twitter TM, Google +TM and YouTube TM.

Even without clicking on these buttons, social networks can follow your browsing on our websites and thus collect data. It is impossible for us to monitor the information collected.

Depending on your interests, the information collected will influence which advertisements are displayed on these social networks.

It is possible to object to the use of such cookies, but you will no longer be able to take advantage of the share button features.

Here is the list of cookies used by social networks according to their software publisher:

For more information, please consult the privacy protection policy for these social networks.

You can also manage certain cookies from the YourOnlineChoices platform.

How is your consent collected?

According to “The Data Protection Act,” as long as you have not given consent, cookies and trackers requiring consent cannot be dropped or identified on your device.

Giving consent is an expression of a free, specific and informed choice.

Within this framework, you have the choice to accept or refuse the use of cookies or trackers.

Your refusal of cookies requiring your consent has no outcome on your access or use of the website at the address: www.square.fr

Consent must be given for each application and website, and is required each time a new purpose is added to the initially planned purposes.

Here are the steps to obtain your consent, according to the CNIL’s recommendations:

STEP 1: Prior notification

As soon as you go to the website at the address www.square.fr (home or secondary page on the website), a pop-up banner appears and informs you of the following:

  • The precise purposes of the cookies used;
  • The possibility to object to these cookies and change the configuration by clicking on a link in the banner;
  • The fact that continuing to browse on the website will be considered as consent for dropping cookies on to your device.

As long as you have stopped browsing, in other words, as long as you did not go to another page or click on anything else (like an image, link, button, etc.), the aforementioned banner will remain. This is so that you are perfectly informed and your consent is not ambiguous.

Unless given prior consent, cookies cannot be dropped and identified:

  • If you go to the website (home page or another page on the site from a search engine, for example) and do not continue to browse (taking no further action cannot be construed as an expression of consent);
  • If you click on the link in the banner taking you to the page where you can configure the cookies and, if need be, refuse their use.

Attention: continuing to browse is considered as consent for dropping cookies on to your device.

STEP 2: “To Learn More – Cookies Configuration” Page

If you click on the link “To Learn More – Cookies Configuration,” you will be directed to the present page, which allows you to configure cookies and trackers.

This page allows you to refuse the use of cookies and trackers.

In order to do so, we have put practical solutions into place, which can be used on all of our tracking technology (cookies, flash cookies, fingerprinting, plugins, certain stored images in the browser, memory space specific to different browsers, etc.).

You can thereby freely accept or refuse the use of cookies by their function (advertising, social networks, audience measurement, etc.).

You can choose to give consent or object to cookies using the following methods:

  • Cookies configuration tool directly available on the website or application;
  • Tracking opposition tools proposed by either audience measurement, advertising or social network solutions; on the condition that these solutions must be user-friendly and operational on all devices and browsers. No information regarding internet-goers who have either not given their consent or objected can be collected;
  • In certain conditions, the browser settings. Managing cookies and your options is different for each browser. To learn more, consult your browser’s help menu, which will instruct you on how to personalize the use of cookies on your device.

In order to collect your prior consent, we have also put into place:

  • A banner indicating the purposes of the cookies used, explicitly asking if you would accept the use of cookies by type, all the while explaining the methods you have in order to later retract your consent (see hereafter);
  • A superimposed consent request form;
  • Boxes to check when signing up for online services, which allow you to accept the use of cookies by purpose type;
  • Buttons activating service features that use cookies (for example, social network plugins).

How long is your consent valid?

According to the principle of the “right to be forgotten,” your consent must be able to be deleted.

Consequently, your consent to the use of cookies and trackers is valid for a maximum of 13 months, starting from when the cookies are first dropped on to your device after consent has been given.

Once this period has expired, you must once again give your consent.

In no case whatsoever, can your consent be prolonged due to subsequent visits to the website on your behalf.

How to Retract your Consent

In order for you to retract your consent at any time, as easily as you gave it, we have put into place the following easy-to-use solutions:

  • Cookie configuration tool directly available on the website or application
  • The interprofessional platform Youronlinechoices:

You can connect to the Youronlinechoices website, proposed by digital advertising professionals within the European association EDAA (European Digital Advertising Alliance) and managed in France by the Interactive Advertising Bureau France.

You will consequently discover which companies are registered on this platform and those that allow you to refuse or accept cookies used for retargeting strategies: http://www.youronlinechoices.com

This European platform is shared by hundreds of online advertising professionals and constitutes a centralized interface allowing you to refuse or accept cookies used for retargeting strategies. Please note that this will not stop advertisements from being displayed on websites that you visit. It will only block retargeting campaigns, which adapt its advertisements to your interests.