General Terms and Conditions of Use
These terms and conditions (the “Terms and Conditions”) govern the use of and access to the site accessible in particular at www.planetlabor.com (the “Site”) published by Frontline Media SAS (“Mind”) by any person accessing it, whether or not that person is a registered user with a personal account (the “User” or “You”).
Mind and the User are hereinafter referred to individually as a “Party” and collectively as the “Parties”.
Your use of the Site and, a fortiori, any order placed on the Site, implies full and complete acceptance of the stipulations of the General Conditions.
Article 1 – Use of the Site
1.1 Go to contents
Mind offers Users access to premium information, halfway between journalism, economic intelligence and analysis (the “Content”), accessible either free of charge through free access, or within the framework of subscription formulas (see subscription conditions https://www.planetlabor.com/abonnement/]), or within the framework of unit purchases.
The User may be authorised to access, on a one-off basis, a single issue and/or a single article from one of Mind’s publications. To do this, the User must first credit his account by acquiring credits (the “Credits”) on the Mind site.
Article 2 – Intellectual Property
2.1 Mind’s rights to the Content and the Site
Mind is the holder (or has been duly authorised by the holder) of all intellectual property rights applicable to the elements that make up the Site, and in particular relating to the Content.
No stipulation in the General Terms and Conditions may be considered as effecting any transfer of any of these rights to the User.
The User is authorised to consult the Content within the limits defined by the General Terms and Conditions that may be applicable to each type of particular Content (freely accessible, reserved for subscribers or accessible via the use of Credits) and the intellectual property code.
2.2 Right to use the Contents
No Content may be downloaded, copied, modified, deleted, distributed, transmitted, broadcast, sold, rented, conceded or exploited in any way whatsoever, without the express, prior and written agreement of Mind or its licensees.
The User is reminded that any copy, distribution and/or transmission made in contradiction with the present article 2.2 constitutes an infringement, which is civilly and criminally reprehensible.
2.3 Right to use the Site
Mind grants the User a right of use allowing him/her to browse the Site in order to familiarise him/her with the Content and to use any additional functionalities made available to him/her.
The User is prohibited, directly or indirectly, and undertakes to prohibit any person from using the Site (such as, in particular, its employees, partner agents and subcontractors), except with the express, prior and written agreement of Mind :
⦁ to decompile, disassemble the Site, to practice reverse engineering or to try to discover or reconstruct the source code, the ideas which are the basis of it, the algorithms, the file formats or the programming or interoperability interfaces of the Site;
⦁ to transfer, use or export the Site in violation of the regulations in force;
⦁ make any other use of the Site other than that permitted under the Contract.
It is expressly forbidden to extract, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of the Platform’s database to another medium, by any means and in any form whatsoever.
Article 3- Protection of personal data
The website https://www.planetlabor.com by the Company FRONTLINE MEDIA, SAS with capital of €2315, whose registered office is located at 8 boulevard de Sébastopol 75004 Paris, registered with the Paris Trade and Companies Registry under number 752 467 068, having the capacity of data controller or joint data controller within the meaning of the regulations governing personal data, in particular General Regulation (EU) No. 2016-679 on the Protection of Personal Data of Individuals (RGPD).
3.1 Collection of personal data
Mind, in its relations with the User, is led to process, on its own behalf, personal data of the User, which data (i) was communicated to it by the User at the time of his registration or (ii) subsequently via his personal account on the Site.
These data are mainly: surname, first name, title, business address, email address for professional use, postal address, telephone number, company name, title or function, postal address of the company, payment information, centres of interest as well as connection logs.
Except on request or with the express agreement of the User and in strict compliance with its directives, Mind will not carry out any other processing of personal data other than those described in this Article 3 “Protection of personal data”.
3.2 Purposes of the treatment
The personal data collected by Mind are processed for the following purposes:
⦁ access to the Site, including the Contents;
⦁ sending, by e-mail, information on products or services similar to those offered by Mind ;
⦁ sending, by e-mail, messages, bulletins or newsletters from Mind ;
⦁ Subject to your consent: to allow our partner companies and associations to send you information on their offers, news and events (newsletters, invitations and other publications).
⦁ Produce statistics and audience measurements.
⦁ and any other use that improves the operation of the Site and/or any other service provided by Mind.
3.3 Your rights
All personal data that you communicate to Mind is strictly confidential.
They are necessary for the use of the Site.
The User benefits from a right of access, rectification, deletion as well as opposition concerning the processing of his personal data by Mind. To exercise one of these rights, the User simply needs to write to the following address [FrontLine Media 8 boulevard de Sébastopol 75004 PARIS ], indicating his/her surname, first name and e-mail address.
In accordance with law n°78-17 of 6 January 1978 relating to data processing, files and liberties, the processing of personal data collected by Mind has been declared to the National Commission for Data Processing and Liberties.
3.4 Conservation of data
The data collected on Users is kept for the entire duration of the relationship between the User and Mind and for one (1) year from the termination of the relationship between the Parties, for whatever reason.
At the end of this period of one (1) year, the closure of a User’s personal account entails the deletion of all personal data enabling the User concerned to be identified, with the exception of those data which Mind needs to keep in order to be able to fulfil its legal obligations.
As data controller, Mind may be required to transmit your personal data to (i) potential subcontractors for exclusively technical and logistical reasons (Site hosting and maintenance service providers, payment service providers, database management service providers, CRM tools), (ii) joint data controllers whose identity is indicated prior to each processing operation and (iii) third parties in the event of restructuring of our company, including total or partial sale of assets, merger, absorption, acquisition, demerger and more generally any reorganisation operation.
If you accept our General Terms and Conditions, your Data may be used for the purposes of managing and optimising customer relations.
3.5 Recipients of the data
In certain specific circumstances, Mind may be required to disclose your personal data, in particular when required by the legal authorities.
Your personal data, and in particular e-mail addresses, are not rented, sold, exchanged or shared with other service providers if you have not expressly agreed to receive promotional offers from other companies that may be of interest to you.
When consulting the Site, information may be recorded in “Cookies” files installed on your computer, tablet or mobile phone. The information mentioned below enables you to understand what a Cookie is, what it is used for and how to set it up.
4.1 What is a cookie?
This is a text file deposited in a dedicated space on the hard disk of your terminal (computer, tablet, mobile phone or any other Internet-optimised device), when consulting content or advertising online. This cookie file can only be read by its sender. During its period of validity, it enables its sender to recognise the terminal concerned each time this terminal accesses digital content containing Cookies from the same sender. The Cookie does not identify You personally, but only the browser of your terminal.
4.2 What are cookies used for?
Four types of Cookies, meeting the purposes described below, may be recorded in your terminal when you visit the Site:
1. Technical Cookies are necessary for browsing the Site, as well as for accessing the various products and services. In particular, Technical Cookies enable us to recognise You, to indicate that You have visited this or that page and thus to improve your browsing comfort: adapt the presentation of the Site to the display preferences of your device (language used, display resolution), memorise passwords and other information relating to a form that You have filled in on the Site (registration or access to the members’ area). Technical Cookies also enable the implementation of security measures (for example, when You are asked to connect to the members’ area again after a certain period of time). These Cookies cannot be deactivated or parameterised, otherwise You will no longer be able to access the site and/or the site’s services.
2. Audience measurement Cookies are issued by Mind or by our technical service providers for the purpose of measuring the audience of the various Contents and sections of the Site, in order to evaluate and better organise them. These Cookies also make it possible, if necessary, to detect navigation problems and consequently to improve the ergonomics of our services. These Cookies only produce anonymous statistics and traffic volumes, to the exclusion of any individual information. The lifespan of these audience measurement Cookies does not exceed thirteen (13) months.
3. Advertising cookies: The services offered by Mind on the Site are accessible by subscription and/or via payment of Credits, the Site does not contain any tags or advertising platforms.
In general, advertising Cookies are issued by partners who are responsible for the advertising spaces on the Site, the use of these spaces contributing to the financing of the Content and services that we make available to you free of charge.
4. Social Networking Cookies allow us to share Content on our Site with others or to let others know about your consultation or opinion of Content on the Site. This is, in particular, the case of the “share”, “like” buttons, from social networks such as “facebook” or “twitter”. The social network providing such an application button is likely to identify You thanks to this button, even if You did not use it when consulting our Site. Mind invites You to consult the privacy protection policies of these social networks in order to be aware of the purposes of use, in particular advertising, of the browsing information they may collect through these application buttons. The lifetime of these Cookies does not exceed thirteen (13) months.
Example of partner used on the Site: Ownpage.fr – To find out more: http://www.ownpage.fr/faq.html
4.3 Your choices regarding cookies
By using the Site, you consent to the use of the aforementioned Cookies. However, you may choose at any time to deactivate all or part of these Cookies, with the exception of the technical Cookies necessary for the operation of the site as indicated above. Your browser can also be set to notify you of the Cookies that are deposited in your terminal and to ask You whether or not to accept them.
4.3.1 Refuse a Cookie through your browser software
You can choose at any time to disable all or part of the Cookies. Your browser can also be set to notify You of the Cookies deposited in your terminal and ask You whether to accept them or not (on a case-by-case basis or in full). We remind You, however, that the deactivation of all Cookies will prevent You from using our site under normal conditions, except for basic functions.
For the management of cookies and your choices, the configuration of each browser is different. It is described in the help menu of your browser, which will allow you to know how to modify your cookie preferences:
⦁ Internet Explorer™ : ⦁ http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies ;
Safari™ : ⦁ http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html ;
Chrome™ : ⦁ http://support.google.com/chrome/bin/answer.py?hl=fr⦁ &⦁ hlrm=en⦁ &⦁ answer=95647 ;
Firefox™ : ⦁ http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies ;
Opera™ : ⦁ http://help.opera.com/Windows/10.20/fr/cookies.html ;
⦁ Edge: https://privacy.microsoft.com/fr-FR/windows-10-microsoft-edge-and-privacy.
You can also set up your browser to send a code telling websites that You do not wish to be tracked. (“Do No Track” option) :
⦁ Internet Explorer™: http:⦁ //windows.microsoft.com/fr-fr/internet-explorer/use-tracking-protection#ie=ie-11
Safari™ : ⦁ http://support.apple.com/kb/PH11952 ;
⦁ Chrome™ : ⦁ https://support.google.com/chrome/answer/114836? ;
Firefox™ : ⦁ https://support.mozilla.org/fr/kb/comment-activer-option-ne-pas-pister;
Opera™ : ⦁ http://help.opera.com/Windows/12.10/fr/notrack.html;
⦁ Edge™: ⦁ https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy.
4.3.2 Refusing an Audience Cookie
On the Site, the Cookies are deposited by Google Analytics. If You do not want our site to save Cookies in your browser for audience measurement purposes, You can follow the following procedure: https://support.google.com/analytics/answer/181881?hl=fr.
Please note that these Cookies enable us to measure the traffic or audience associated with our Site, the pages visited and the interactions carried out on the Site during your visit. Deactivating them therefore prevents any collection of information relating to your browsing on our Site and therefore the proposal of editorial content adapted to your browsing.
4.3.3 Refuse an Advertising Cookie
You can manage the use and exploitation of these Cookies by going to the advertising Cookie management platform proposed by advertising professionals: http://www.youronlinechoices.com/fr/controler-ses-cookies/ and following the instructions given there. You will thus be able to know the companies registered on this platform, which offer You the possibility of refusing or accepting the Cookies used by them to adapt the advertisements likely to be displayed to your browsing information.
4.3.4 Refusing a Cookie from a social network
If You do not wish the Site to save Cookies in your browser for this purpose, You can click on the following deactivation links which will save a Cookie in your browser with the sole purpose of neutralising the use of other Cookies from the same sender. Deactivating these Cookies will therefore prevent any interaction with the social network(s) concerned:
⦁ Facebook: https:⦁ //www.facebook.com/help/360595310676682/
⦁ Twitter: https:⦁ //support.twitter.com/articles/20171379-twitter-prend-en-charge-la-desactivation-du-suivi-dnt#
⦁ Google +: https:⦁ //support.google.com/accounts/answer/61416?hl=fr
⦁ LinkedIn: http:⦁ //www.linkedin.com/legal/cookie-policy
⦁ Yahoo: https:⦁ //info.yahoo.com/privacy/us/yahoo/cookies/
⦁ Youtube: https:⦁ //support.google.com/accounts/answer/61416?hl=fr
Please note that the consideration of your different wishes is based on one or more specific cookies. If You delete all the Cookies registered within your terminal relating to the Site, we will no longer know which consent or refusal You have given. This will therefore be tantamount to resetting your consent and You will therefore once again have to refuse the Cookie(s) that You do not wish to keep. Similarly, if You use another Internet browser, You will again have to refuse these Cookies because your choices, like the Cookies to which they relate, depend on the browser and the terminal (computer, tablet, smartphone, etc.) that You use to consult our Site.
Article 5 – Registration – User Accounts
In order to register on the Site, the User must fill in the fields on the registration form with complete and accurate data. The data that must be communicated to Mind is identified as such when the User registers.
In the event of incomplete or erroneous declarations, the User’s account may be closed, as of right, without prior notice and without any formality. In any case, the User agrees to guarantee Mind against all consequences that may result from this incomplete or erroneous declaration.
The creation of an account by the User is carried out using the e-mail address he or she has communicated to Mind and the password he or she has chosen (for reasons of security and confidentiality, the User is recommended to choose passwords composed of several types of characters and to change them regularly) or via one of the third party connection modules offered on the Site.
Each User’s personal account allows him/her to update his/her personal data.
The login and password are unique and personal. They must not be disclosed to third parties. Any use of the Site made using a User’s identifier and password will be deemed to have been made by the said User. In the event of disclosure of the User’s login and password, the User must contact [email@example.com] as soon as possible so that they can be deactivated.
Article 6 – Commitment of Users
When using the Site, the User undertakes to comply with the applicable legislation.
In the absence of prior written authorisation from Mind, it is forbidden to :
⦁ to insert false or irrelevant information on the Site;
⦁ use the Site in such a way that, in our opinion, the performance or functionality of the Site, or of any other computer system or network used by Mind, is negatively impacted or that the Users of the Site are negatively affected;
⦁ upload or transmit to the Site or use any equipment, software or routine that contains viruses, Trojan horses, worms, time bombs or other programs and processes designed to damage, interfere or attempt to interfere with the normal operation of the Site, or take possession of the Site, or use any means to cause congestion on our systems or infringe the rights of third parties.
Articles 323-1 et seq. of the Criminal Code provide for penalties of up to five (5) years’ imprisonment and a fine of 150,000 euros:
⦁ fraudulent access and maintenance in an automated data processing system;
⦁ the fraudulent deletion, modification or addition of data in this system;
⦁ hampering this system.
Article 7 – Termination
Mind reserves the right to (i) suspend access and/or certain functionalities of the Site or (ii) terminate the User’s account as of right, without notice, without any other formality and without compensation, by e-mail or by post in the following cases:
⦁ the use of the Site by the User is contrary to public order and morality;
⦁ infringement by the User of the intellectual property rights of Mind and/or a third party;
⦁ the loss, misappropriation or unauthorised or fraudulent use of the User’s username and password by the User;
⦁ non-receipt by Mind of a payment due by the User within the time limit stipulated in the General Conditions;
⦁ any failure on the part of the User to fulfil his obligations under the General Terms and Conditions.
Mind reserves the right to interrupt, at any time, temporarily or permanently, access to the Site. In the event of a definitive interruption, the User will be informed by any relevant means determined by Mind.
Under no circumstances can Mind be held responsible against the User or against third parties for the termination and/or suspension of the User’s account under the conditions set out in this article.
In the event of termination of the account, the User will no longer be able to use the Site from his account, which will be closed.
Article 8 – Warranty – Liability
Any guarantee is expressly excluded by Mind with regard to Users.
Mind does not guarantee the absence of bugs and consequently does not guarantee that the use of the Site will be uninterrupted and error-free. In particular, the User acknowledges that transmissions over the Internet are not secure and may be delayed, lost, intercepted, corrupted and that the transmission of confidential information via the Internet is carried out by the User at his/her own risk.
Mind cannot guarantee to the User that the Site will exactly meet his expectations or that no error will appear during the use of the Site. Mind does not guarantee (i) the reliability and accuracy of the Content appearing on the Site and (ii) the suitability of the Site for the User’s specific expectations and uses.
If a pecuniary condemnation should be pronounced against Mind for any reason whatsoever, the Parties expressly agree that the total amount of the condemnations which could be pronounced against Mind cannot exceed the amount of the last purchase of Credits preceding the occurrence of the damaging element, which the Parties agree to consider as a fair compensation with regard to their respective commitments under the terms of the General Terms and Conditions.
In any event, the User can only hold Mind liable for a breach of the General Conditions for a period of one (1) year from the occurrence of the breach in question, which the User expressly acknowledges and accepts.
Article 9 – Miscellaneous Stipulation
9.1 Modification of the General Terms and Conditions
Mind reserves the right to make any changes to these general conditions that it deems necessary and useful.
In the event of a modification to the General Conditions, Mind undertakes to make the User accept the new General Conditions again when the User accesses the Site again.
They will also be accessible by the User in his personal account as well as on the Site.
Access to the Site will be refused to the User who has not expressly accepted the new General Conditions.
9.2 Force Majeure
Neither Party may be held liable in the event that the performance of its obligations is delayed, restricted or rendered impossible by the occurrence of an event beyond the control of each Party, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures (hereinafter “Force Majeure”).
In particular, the following events are considered as Force Majeure, without this list being exhaustive: war (declared or not); terrorist acts; invasion; rebellion; blockade; sabotage or vandalism; strike or social conflict, total or partial, external to each of the Parties; bad weather (in particular floods, storms and storms); event declared a “natural disaster”; fire; epidemic; blockage of means of transport or supply (in particular energy); failure in the supply of electrical energy, heating, air conditioning, telecommunications networks, data transport; failure of satellites.
If the impediment is temporary, performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract.
If the impediment is definitive, the contract is terminated by operation of law and the Parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
The fact that one or other of the Parties does not exercise any of its rights hereunder shall not constitute a waiver by it of its exercise, such waiver being conditional upon an express declaration by the Party concerned.
9.4 Evidence Convention
The computerised registers will be kept in Mind’s computer systems under reasonable security conditions and will be considered as proof of exchanges, orders and payments made on the Site or by e-mail.
9.5 Partial disability
In the event that one or more stipulations of the General Terms and Conditions are considered invalid by a competent court, the other clauses will retain their scope and effect.
The stipulation considered invalid will be replaced by a stipulation whose meaning and scope will be as close as possible to the clause thus invalidated, while remaining in conformity with the applicable legislation and the common intention of the Parties.
Article 10 – Applicable law – Jurisdiction
The General Conditions are governed by French law.
The Parties expressly agree to submit any dispute relating to the General Terms and Conditions (including any dispute concerning their conclusion, performance, termination and/or cessation) and/or the commercial relations between the Parties, as well as their possible termination, to the exclusive jurisdiction of the Courts of Paris, notwithstanding plurality of defendants or third party proceedings, including proceedings on application or summary proceedings.