Note legali - Art Explora Academy

GENERAL TERMS OF USE OF THE SITE

Article 1: Subject

These GTU or General Terms of Use legally govern the use of the Academy Art Explora site’s services.

Any registration or creation of an account on the site implies the user’s acceptance without reservation or restriction of these GTU.

When registering on the site via the registration form, each user expressly accepts these GTU by checking the box preceding the following text: “I acknowledge that I have read, understood and agree to the GTU.”

In the event the user does not accept the GTU stipulated in this contract, the user must relinquish access to the services offered by the site.

Art Explora reserves the right to unilaterally modify the contents of these GTU at any time.

Article 2: Access to the site

Access to all content is restricted to members who have created a user account via the registration form. This registration is free.

Registration provides free access to the following services:

11 thematic e-learning courses in art history
A library of art history resources and articles

To access the services, the user must log in using his email and chosen password. This password is strictly personal. As such, he shall not disclose it. Otherwise, he alone shall remain liable for any use made of it.

By agreeing to register for the reserved services, the member user undertakes to provide true and accurate information concerning his civil status and his contact details, including his email address. The user is responsible for updating the information provided. He is informed that he can modify them by connecting to his member space.

The site is accessible free of charge anywhere to any user with access to the Internet. All costs incurred by the user to access the service (computer hardware, software, Internet connection, etc.) are at his expense.

For maintenance or other reasons, access to the site may be interrupted or suspended by the publisher without notice or justification.

Article 3: Access to the Art Explora certification

Access to the Art Explora certification is conditional on validation of the e-learning course’s 11 evaluation quizzes.

At the end of each of the 11 thematic courses, a 12-question evaluation quiz is proposed to the user. The user must obtain 10 correct answers to the quiz to validate it. When the quiz is validated, the user gets a validation badge for the course. Once the user has earned all the badges (11 in total), the user receives his certification.

The downloading and/or sharing of the certification is conditional on making a donation in support of the Art Explora Foundation’s actions (minimum donation: 5 euros).

By donating to Art Explora, users who are French tax residents benefit from an income tax reduction equal to 66% of the amount paid, up to 20% of his taxable income.

Once his donation is recorded, the user can download his Art Explora certification in Art History, validated by Sorbonne University, in PDF format.

Article 4: Intellectual property

Any content published and made available on this site is the exclusive property of the Art Explora Foundation or, where applicable, its creator.

The Art Explora Foundation owns the texts, images, graphic creations, original videos, logos, documents, downloadable files and everything that contributes to the composition of this site.

The user may not reproduce or copy the contents without the prior authorization from the Art Explora Foundation. In this context, any use for commercial or advertising purposes is prohibited.

The media (videos and podcasts) accessible on the Academy Art Explora platform, integrated by means of an embedded player, remain the exclusive property of their original creator. The Art Explora foundation attests that it has obtained on a case-by-case basis a written authorization to represent the work from the rightsholder. The rightsholder remains legally liable for the content of his work.

Article 5: Limitation of Liability

The sources of the information published on the Academy Art Explora site are deemed reliable but the site does not guarantee that its contents are free of defects, errors or omissions. The information provided is indicative and general without contractual value.

Despite regular updates, the Academy Art Explora site cannot be held liable for changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held liable for the use and interpretation of the information contained on this site.

The site cannot be held liable for any viruses that could infect the computer or any computer equipment of the Internet user, as a result of any use, access or downloading from this site. The site’s liability cannot be incurred in the event of force majeure or the unpredictable and insurmountable action of a third party.

Article 6: Hyperlinks

Hypertext links may be present on the site. The user is informed that by clicking on these links, he will leave the site. The site has no control over the web pages that these links lead to and cannot, under any circumstances, be held liable for their content.

Article 7: Contract term

This contract is valid for an indefinite period of time. The contract applies to the user once he begins to register for the site’s reserved services.

Article 8: Applicable law and courts of competent jurisdiction

This contract is subject to French law. The absence of an amicable resolution of any disputes between the parties implies recourse to the competent French courts to settle the dispute.

PRIVACY POLICY

Article 1: Whereas

This privacy policy applies to the Academy Art Explora site.

The purpose of this Privacy Policy is to inform users of the site:

How their personal data are collected and processed. All data that could identify a user must be considered as personal data. This includes first and last name, age, mailing address, email address, user location and IP address;
What users’ rights are to these data:
Who is responsible for processing the personal data collected and processed;
To whom these data are transmitted;
Potentially, the site’s policy regarding “cookies” files.

Art Explora affirms its commitment to comply with applicable data protection laws and regulations, and undertakes to protect their security, confidentiality and integrity.

Art Explora formally undertakes not to sell, rent, exchange or transfer free of charge any personal information.

Article 2: General principles of data collection and processing

In accordance with Article 5 of European Regulation 2016/679, the collection and processing of data from users of the site shall comply with the following principles:

Legality, loyalty and transparency: data may only be collected and processed with the consent of the user who owns the data. Whenever personal data are collected, the user will be informed that his data are being collected and why his data are being collected;
Limited purposes: the collection and processing of data is performed to meet one or more of the objectives set out in this privacy policy;
Minimization of data collection and processing: data are held for a limited period of time, of which the user is informed. Where this information cannot be disclosed, the user is informed of the criteria used to determine the holding period;
Integrity and confidentiality of data collected and processed: the data controller undertakes to ensure the integrity and confidentiality of the data collected.

In order to be legal, and in accordance with the requirements of Article 6 of European Regulation 2016/679, personal data may only be collected and processed if such collection and processing complies with at least one of the conditions listed below:

The user has expressly consented to the processing;
Processing is necessary to satisfactorily perform a contract;
The processing meets a legal obligation;
The processing is due to a necessity linked to protecting the vital interests of the person concerned or of another natural person;
The processing may be explained by a need related to performing a public service mission or that is the responsibility of the public authority;
The personal data must be collected and processed pursuant to the legitimate and private interests pursued by the data controller or by a third party.

Article 3: personal data collected and processed when browsing the site

Data collected and processed and collection method

The data collected on the Academy Art Explora platform depends on the purpose of the related processing:

Creating a personal account to record the subscriber’s progress and favourites: the site collects the necessary information to authenticate a subscriber, including a first name, last name and email address.
Recording the progress and the subscriber’s favourites: the site collects the raw data (IP address, operating system and site activity) corresponding to use of the site’s different features (recording preferences, list of pages visited, validation of quizzes, user interface settings, etc.).
Making a donation online: the site collects civil status information, plus postal and electronic contact details.
Subscription to the Art Explora newsletter: the site collects the email address.
Login data: login data is collected to ensure personal data are secure and traceable. These data are also used for platform consultation and visit statistics.

Use of collected data

The above data collection is carried out in order to:

make it possible to access and register on the platform;
send the subscriber information about the platform’s activity (reminder notification, updates on programs and content offered, site maintenance);
be able to record the subscriber’s progress and favourites in his training course in order to deliver his final certification;
enable Internet users to make an online donation to the Art Explora Foundation;
manage the donor relationship, issue tax receipts and, where appropriate, perform statistical analysis;
send out the newsletter;
ensure that personal data are secure and traceable;
establish platform consultation and visit statistics.

Recipients of personal data

Access to personal data is limited to Art Explora’s services and its subcontractors with whom Art Explora is contractually linked in order to achieve the processing objective.

The length of time that the data are held

The length of time that personal data are held differs depending on the processing purposes:

Creating a personal e-learning account: your personal data are kept for 3 years (36 months) after the last login.
Recording subscriber progress: your personal data are held for 3 years (36 months) after the last login.
Making an online donation: in accordance with Article L. 102 E of the Book of French Tax Procedures, your personal data are kept for 6 years after the last effective donation.
Subscription to the Art Explora newsletter: your personal data are kept indefinitely after your registration. You can unsubscribe by following the unsubscribe links on each newsletter.
Login data: personal data related to logins are held for 3 years (36 months).
Cookies: cookies are held for up to 13 months from the day we receive your consent.

Data hosting

The Academy Art Explora site is hosted by Axess whose head office is located at:

8 avenue de la gare – BP10151 – 26958 VALENCE cedex 9

The host can be contacted at the following telephone number: 04 75 82 00 80.

The data collected and processed by the site are exclusively hosted and processed in France.

Data security

Art Explora is particularly attached to the personal data we collect and process. These operations are carried out in a secure manner.

The site has an SSL certificate to ensure that information and data transferring through the site are secure.

The purpose of a Secure Socket Layer Certificate (SSL) is to secure the data exchanged between the user and the site.

Article 4: Data controller

The data controller for personal data is Laure de Moussac.

He can be contacted as follows: contact@artexplora.org

The data controller undertakes to protect the personal data collected, not to transmit it to third parties without the user being informed and to respect the purposes for which the data was collected.

In the event that the integrity, confidentiality or security of personal data is compromised, the data controller undertakes to inform the user by any means.

Article 5: User rights

Pursuant to the regulations concerning the processing of personal data, the user has the rights listed below.

In order for the data controller to accept a user’s request, the user must provide him with: his first name, last name and email address.

The data controller is required to respond to the user within a maximum of 30 (thirty) days.

User rights concerning data collection and processing

Right of access, rectification and erasure

The user may read, update, modify or request the deletion of his personal data, according to the procedure set out below: Make an explicit request to the data protection officer.

Right to data portability

The user has the right to request the portability of his personal data, held by the site, to another site, in accordance with the following procedure: Make an explicit request to the data protection officer.

Right to limit and oppose data processing

The user has the right to request the limitation or to oppose the processing of his data by the site, without the site being able to refuse, unless it can demonstrate the existence of legitimate and compelling reasons, which may prevail over the interests, rights and freedoms of the user.

In order to request the limitation of the processing of his data or to formulate an opposition to the processing of his data, the user must follow the following procedure: Make an explicit request to the data protection officer.

Right not to be subject to a decision based exclusively on an automated process

In accordance with the provisions of Regulation 2016/679, the user has the right not to be subject to a decision based exclusively on an automated process, if the decision produces legal effects concerning him, or significantly affects him in a similar way.

Right to determine the fate of the data after death

The user is reminded that he can organize the fate of his data collected and processed if he dies, in accordance with Law No. 2016-1321 of 7 October 2016.

Right of complaint

In the event that the data controller decides not to respond to the user’s request, and the user wishes to challenge that decision, or, if the user feels that one of the rights listed above has been infringed, he is entitled to file a complaint with the CNIL (French Data Protection Agency).

His complaint can be entered online at https://www.cnil.fr/fr/plaintes or by mail at the following address:

Commission Nationale de l’Informatique et des Libertés

3 place de Fontenoy

TSA 80715

75334 PARIS CEDEX 07

Personal data of minors

In accordance with the provisions of Article 8 of European Regulation 2016/679 and the French Data Protection Act, only minors aged 15 years or older may consent to the processing of their personal data.

If the user is a minor less than 15 years old, a legal representative must give his approval so the minor’s personal data can be collected and processed.

The site’s publisher reserves the right to verify by any means that the user is more than 15 years old, or that he has obtained the approval of a legal representative before browsing the site.

Article 6: Use of “cookie” files

A cookie is a small text file that is transferred from a web server to your web browser or hard drive when you visit a web site. If your web browser is configured to accept cookies, they will be stored in the web browser or hard drive until the expiration date has expired or until you delete the cookies yourself.

The Academy Art Explora website uses cookies for the following purposes:

Use of the site: to help us recognize your browser as that of a previous visitor, to save the preferences you determined during your previous visit to the site as well as your progress in the e-learning course;
Social media: to check if you are connected to third party services that make it easier to login (Facebook or Google)
Audience measurement: to track the site attendance statistical data and to help us measure and study the effectiveness of the content offered online.

By browsing this site, you consent to cookies being deposited on your browser.

You have the option to set your browser to accept all cookies, reject all cookies, notify you when a cookie is issued, how long it is valid and its content, and allow you to refuse to record it on your device and delete your cookies periodically.

If you refuse to record cookies in your browser, you will no longer be able to benefit from the functionality enabled by these cookies. For example, you would no longer be able to access your private space secured by a stored password. This will require you to re-enter your passwords each time you log in.

Below are links to the user manuals for the main browsers:

Article 7: Conditions for modifying the privacy policy

The site’s publisher reserves the right to modify the privacy policy in order to ensure it complies with the current law. Therefore, the user is invited to consult this privacy policy regularly to keep informed of the latest changes that may be made to it.

It is brought to the attention of the user that this privacy policy was last updated on: 01/09/2021.

Article 8: Acceptance by the user of the privacy policy

By browsing the site, the user attests that he has read and understood this privacy policy and that he accepts the terms of this privacy policy, particularly concerning the collection and processing of his personal data.