The Explorers group seeks and undertakes to protect Users’ privacy in compliance with the applicable legal requirements and in particular Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter “General Data Protection Regulation” or “GDPR”) and/or any other provisions of applicable national laws (together the “Applicable Regulations”).
The Policy’s purpose is therefore to provide the Users with as much information as possible about the way The Explorers Network processes and protects their personal data which it collects in connection with making the Website and the Application available and providing services to the Users.
The Policy supplements the General Terms and Conditions of Use or the General Terms and Conditions of Subscription and Use of the Video On Demand Service available via https://theexplorers.com/terms.
Except where otherwise indicated in this Policy, the terms defined in the General Terms and Conditions of Use and in the General Terms and Conditions of Subscription and Use of the Video On Demand Service shall have the same meaning in the Policy.
1. Who is the Data Controller?
THE EXPLORERS NETWORK, a company with capital of €1.071.000 registered with the Trade and Companies Register under number 852 303 239 and whose registered office is located at 141 avenue Félix Faure 75015 Paris, is the Data Controller for the processing of personal data carried out using data collected via the Website, the Application or under the terms and conditions mentioned in Article 2 below.
2. Which of your data do we collect and use?
THE EXPLORERS NETWORK processes data that the User provides it with via the Website and the Application and the data provided to it by third-party services (Google Play, iTunes or Samsung SmartTV) which the User may use to subscribe to The Explorers+ Service, or which the User uses to create a User account and sign in to it (Facebook via Facebook Connect and Google via a Google account or Apple via Sign in with Apple).
The data are collected during the following actions:
- when the User contacts THE EXPLORERS NETWORK via the contact form on the Website and/or the Application
- when the User account on the Website or the Application is created, managed and used
- when a User account is created via Facebook Connect or via the Google account
- during subscription to The Explorers+ Service, whether through an account with a third party (Google Play, iTunes, Samsung) or directly with THE EXPLORERS NETWORK
- when THE EXPLORERS NETWORK provides services and in particular when viewing videos and photos, creating favourites lists, during interactions (“Likes”) on Publisher Content or content posted by other Users; when sharing contents on the Platform, inserting descriptions and key words regarding contents posted by the User on the Platform, sharing Publisher Content or User Content on social networks or when using the internal messaging service between Users
- when participating in promotional offers, competitions and sponsorship activities
- when the User contacts the Customer Service department or any other THE EXPLORERS NETWORK contact point by any means.
In this respect, it may be necessary for THE EXPLORERS NETWORK to collect and process the following categories of the User’s personal data, depending on the data provided by the User and the type of service subscribed to:
- the User’s identity: username, first name, surname, gender, date of birth
- the User’s profile photo
- the User’s contact details: e-mail address
- language spoken
- a description of the User and key words chosen by the User
- the User’s identifiers: username and password
- the User’s payment and/or banking information via third-party payment providers: bank details, billing data
- data relating to the device used to access and use the Website: technical information about the operating data and characteristics of the User’s device, the operator, the operating system and the device model
- information about the User’s social networks and/or the website published by the User: links to Instagram and Twitter accounts and any website belonging to the User
- data on the use of the services offered by THE EXPLORERS NETWORK, namely:
- the contents posted by the Users and the information associated with the contents which the User decides whether or not to share and provide, i.e. the location of the content posted, the technical characteristics associated with each content (model of device used, lens used, focal length, aperture, ISO, publication date, content category) and the descriptions or key words associated with the contents posted the number of views for each of the contents posted, the Users’ interactions (“Likes”) concerning the contents posted. With regard to the photo location, please note that this data is either (i) automatically provided when the photo is shared, if it is part of the metadata associated with the photo; (ii) provided by the User; or (iii) changed by THE EXPLORERS NETWORK if an error is found (e.g. the User’s current location instead of the place where the photo was taken). It is the same for technical characteristics, as such data are either (i) automatically provided when the photo is shared, if they are part of the metadata associated with the photo; or (ii) provided by the User
- the total number of contents posted by a User, the total number of subscribers to a User account, the total number of views for all types of contents posted by a User and that User’s total number of “Likes” for all the contents they have posted
- the lists created by each of the Users
- the badges assigned to each of the Users. Please note that these badges are automatically assigned by THE EXPLORERS NETWORK according to the actions performed by the User on the Platform
- the interactions (”Likes”) concerning the contents posted by other Users or the Publisher Content
- the messages exchanged with other Users, it being specified that the content remains confidential and that THE EXPLORERS NETWORK respects the confidentiality of correspondence
- any other information directly or voluntarily provided by the User, including the content of e-mails or messages sent to THE EXPLORER NETWORK’s various services
- cookies under the terms and conditions described in Article 10 of this Policy.
The information which the User is required to provide when they create a User account, subscribe to The Explorers+ Service or fill in the contact form is indicated with an asterisk. Without this data, THE EXPLORERS NETWORK cannot deal with the request or provide the requested service.
3. How do we use your data?
The User’s personal data are processed by computer and retained and used by THE EXPLORERS NETWORK for the following purposes:
- to allow the User access to the Website and/or the Application and, where applicable, to reserved content
- to allow the User to use the Website’s and/or the Application’s various functions
- to manage the User account creation procedure and run said account
- to connect the User with other Users through the messaging function
- to save and manage the User’s preferences
- to process payments and manage billing and accounting
- to respond to Users’ demands and requests and communicate with them, including to ask them for their opinion on the services provided by THE EXPLORERS NETWORK and the major changes and developments in the services offered by THE EXPLORERS NETWORK
- to run all the competitions, sponsorships or promotional activities offered on the Website and/or the Application, including naming winner(s) and awarding prize(s)
- to send the User newsletters, promotional offers and marketing messages generally and enable the User to subscribe to or unsubscribe from this type of communication
- to manage the Website and its operating functions (including logistics), resolve any technical problems and improve and develop new functions according to use by and/or feedback and requests from Users
- to measure the performance of the Website, Application and services and, for example, the number of pages viewed or the number of clicks, and to produce statistics and use them internally.
- to apply legislation, the current regulations and the General Terms and Conditions of Use and the General Terms and Conditions of Subscription and Use of the Video On Demand Service.
4. What is our legal basis for processing your data?
Some of the processing performed by THE EXPLORERS NETWORK as part of provision of the services offered on the Website and the Application is:
- necessary for fulfilling the contract between the User and THE EXPLORERS NETWORK or for carrying out pre-contractual measures: these are processing operations for managing the User account creation and management procedure, providing various services and functions accessible from the Platform, including messaging services, processing payments, responding to information requests via the “Contact” form or, in general, whenever contact is made and participating in any type of competition.
- based on THE EXPLORERS NETWORK’s legitimate interests (including its economic interests): these are processing operations for managing the Website and the Application and their operating functions (including logistics), resolving any technical problems, improving and developing new functions according to the use by and/or feedback and requests from Users, producing statistics and lastly sending marketing messages. In fact, these processing operations help THE EXPLORERS NETWORK to improve its services and therefore benefit both the User and THE EXPLORERS NETWORK without infringing the User’s fundamental interests, rights and freedoms.
It is also specified that for marketing operations and the placing and reading of cookies, the User’s consent is specifically obtained when so required by applicable legislation and that the User always has the right to object.
- necessary to comply with a legal obligation: these are processing operations for managing billing and accounting.
The User agrees to provide access to their device’s camera or photo library and the geolocation of said device in order to use certain services on the Website and the Application. The User may at any time allow or deny access to such data by adjusting their device settings. Some functions might not be available then.
5. How do we protect your personal data and keep them secure?
THE EXPLORERS NETWORK undertakes to take all technical and organisational measures to ensure personal data is protected and secure, in particular with regard to any loss, alteration, dissemination or illegal use.
THE EXPLORERS NETWORK shall ensure that such measures are implemented on all of its processing operations, including when personal data is collected, stored and hosted.
n this regard, THE EXPLORERS NETWORK shall also ensure that the third parties it may use (technical providers, suppliers) meet this requirement to protect the User’s personal data by implementing appropriate measures, in accordance with the Applicable Regulations. The technical and organisational measures implemented may include the use of secure registration forms, the encryption of certain data (such as banking data) and restricted access to personal data.
THE EXPLORERS NETWORK requires the User to take the utmost caution when disclosing their personal data to third parties as well as their personal usernames and passwords for accessing the Website and the Application.
Some messages or requests may come from fraudsters trying to obtain personal information about the User in order to use it fraudulently (phishing). If the User receives a message which appears to be a phishing attempt, they should not reply to it or open the attachments, images or links contained in the message. The User can report it by sending an e-mail to firstname.lastname@example.org and on www.signal-spam.fr.
6. Who do we pass your data to? Who has access to your data?
- Communication of Users’ personal data to the employees of THE EXPLORERS NETWORK and companies in The Explorers group:
The User’s personal data are accessible to employees of THE EXPLORERS NETWORK and companies in The Explorers group, if such people need to access them for the purposes mentioned in Article 3 above, i.e. mainly to provide Users with the services in the proper manner. The internal departments of THE EXPLORERS NETWORK and The Explorers group who have access to the Users’ personal data are the IT department, the technical support department and the marketing/sales department.
The companies in The Explorers group which can have access to your data are: Sigave Production Australe, The Explorers Foundation and Inventory Films.
- Communication of the Users’ personal data to third parties:
- Communication to service providers:
THE EXPLORERS NETWORK may give third-party service providers acting as subcontractors under the Applicable Regulations access to the Users’ personal data in order to perform Website- or Application-related services or data processing services, including for payment, hosting, storage, analysis, marketing, communication, data processing, database management and computer maintenance. These providers only act on THE EXPLORERS NETWORK’s instructions and shall only have access to Users’ personal data in order to perform these services. They shall be bound by the same security and confidentiality obligations as THE EXPLORERS NETWORK.
- Communication to the companies in The Explorers group and business partners for marketing purposes:
The Users’ personal data are not communicated or transferred to third parties for commercial or promotional purposes, unless the User has given their prior express consent.
The User’s choice to receive marketing offers and messages from THE EXPLORERS NETWORK, companies in The Explorers group and/or its partners is subject to them giving their prior express consent by ticking the relevant box when they are requested to provide personal data.
The companies in The Explorers group and the business partners which can have access to your data for marketing purposes in the case of express consent: Sigave Production Australe, The Explorers Foundation and Inventory Films.
If the User no longer wishes to receive them, they can unsubscribe at any time using the link at the bottom of each message received or by contacting THE EXPLORERS NETWORK by e-mail: email@example.com
- Other types of communication:
Furthermore, the User’s personal data may be shared with third parties for the following reasons:
- in connection with a merger, acquisition or sale of all or part of THE EXPLORERS NETWORK’s assets, which the User acknowledges that they have been informed of
- in response to any kind of judicial or administrative proceedings or law enforcement measures required by the appropriate authorities
- to comply with legal obligations, to protect an individual’s rights and/or safety, to protect the rights and the property of THE EXPLORERS NETWORK, including the requirement to see the General Terms and Conditions of Use or the General Terms and Conditions of Subscription and Use of the Video On Demand Service, and prevent fraud and security problems and technical issues.
- Communication of the Users’ personal data to other Website Users:
Finally, due inherently to the functions on the Website and the Application, in particular the following functions:
- each Platform User shall have access to the content which another User posts on the Platform and to the number of views and shares on the social networks for each of the contents posted by another User
- each Platform User shall have access to the Publisher Content and to the number of views and “Likes” for each item of Publisher Content
- the User who has posted the content shall have access to the usernames of Users who have “liked” their contents and to the number of shares on social networks
- User profile: each User has access to the profiles of the other Platform Users including: the username, location, profile photo, the total number of subscribers, the total number of contents posted, the total number of views for the contents posted, the total number of badges and all the contents posted by a User, access to the lists drawn up by each User and each of the badges held by a User.
- User messaging: each of the Users has access to the username of the other Platform Users so that they are able to exchange messages.
7. Transfer of personal data outside the European Union
The Platform is hosted in France and in Europe on third-party provider servers.
The Users’ personal data are processed by THE EXPLORERS NETWORK using various software and applications. These software and applications are hosted on secure servers in France and in Europe under conditions which comply with the Applicable Regulations.
THE EXPLORERS NETWORK requires these providers to take all technical and organisational measures, in accordance with the Applicable Regulations, to guarantee an appropriate level of protection for the Users’ personal data.
Nevertheless, THE EXPLORERS NETWORK draws each User’s attention to the fact that due to the very nature of the services offered on the Platform, the profile and the contents posted by the User are accessible to all Platform Users, who may be located all over the world.
8. How long do we keep your personal data?
THE EXPLORERS NETWORK only keeps the User’s personal data for a limited period of time necessary for the purposes for which they were collected or processed in accordance with the description in Article 3 of this Policy. This period of time is determined according to the type of data in question, the purpose of the processing involved, the applicable legal obligations in each country and the applicable statutory time limits which vary in each country depending on the data and the purposes of the processing.
The User’s personal data are kept for the following periods of time:
- for standard User account holders: all User account data are kept for the entire length of time the User account is used. They are then archived for the applicable statutory time limit.
- for Users who have subscribed to The Explorers+ Service: all data relating to the Premium account are kept for the entire length of the subscription. At the end of the subscription, (i) and unless the User specifies otherwise, the User shall continue to have a standard User account and all the data associated with their account; (ii) the data necessary for billing and accounting purposes are kept for the length of time set by the applicable legal obligations (i.e. 10 years).
- for prospective customers contacting THE EXPLORERS NETWORK via the contact form or any other means of communication at their disposal: the data are kept for three years from the last contact.
9. What rights do you have?
In accordance with the Applicable Regulations, each User has the following rights over their personal data:
- right to be informed: you have the right to obtain clear, transparent, comprehensible and easily accessible information about how we use your personal data and about your rights. This is why we are providing you with the information in this Policy.
- right of access: you have the right to access the personal data we hold about you (provided that the request is not manifestly unfounded or excessive, including due to its repetitive nature) and to obtain a copy of them. If you would like to access the data we have about you, please contact us using the contact details below.
- right to rectification: you have the right to have your personal data rectified if they are inaccurate or outdated and/or completed if they are incomplete (provided that the request is not manifestly unfounded or excessive, including due to its repetitive nature). If you wish to change your personal data, you can either go to your User account and edit the inaccurate data yourself or contact us using the contact details below.
- right to erasure: in some cases, you have the right to have your personal data erased or removed. This is not an absolute right as we may have to keep your personal data for legal or legitimate reasons. If you would like us to erase your data, please contact us using the contact details below.
- right to restrict processing: this right means that our processing of your data is limited, so that we can keep such data, but cannot use them or process them. This right applies in special circumstances, i.e.:
- In cases where the accuracy of the personal data is contested by the data subject (i.e. you). Processing is then restricted for a length of time to allow THE EXPLORERS NETWORK to check the accuracy of the personal data
- In cases where the processing is unlawful and the data subject (i.e. you) objects to the erasure of the personal data and requests restriction of their use instead
- In cases where THE EXPLORERS NETWORK no longer needs the personal data for processing purposes, but the data subject still needs them to establish, exercise or defend a legal claim
- In cases where the data subject (i.e. you) has objected to the processing based on legitimate interests pursued by THE EXPLORERS NETWORK during the verification as to whether or not the legitimate grounds pursued by MTA override those of the data subject.
- right to object to the processing of your personal data when the processing is based on THE EXPLORERS NETWORK’s legitimate interest (to determine which processing is involved, we refer to this point in Section 4 of this Policy): you can object to the processing of your personal data at any time for reasons relating to your particular situation, unless THE EXPLORERS NETWORK shows legitimate and compelling reasons for processing such data which override your interests, rights and freedoms, or when such data are necessary for establishing, exercising or defending a legal claim. If you would like to exercise your right to object or obtain further information about the procedures for exercising this right, please contact us using the contact details below.
- right to object to direct marketing: you can, at any time, unsubscribe from or object to receiving marketing messages from THE EXPLORERS NETWORK and the companies in its group. Simply click on the link in the footer of the communications you receive from THE EXPLORERS NETWORK and the companies in its group or send a message using the contact details below. It is, however, specified that some electronic communications shall continue to be sent from THE EXPLORERS NETWORK, including communications containing invoices.
- right to data portability: you have the right to receive your personal data which you have provided us with and which we possess about you, in a structured, commonly used and machine-readable format. This only applies to data you have directly or indirectly provided and only when the processing is based on your consent or the fulfilment of a contract and when it is performed using automated processes. Please read the list of legal bases for our personal data processing operations (see Section 3 of this Policy) to find out if our processing is based on a contract or consent. To exercise your right to data portability or obtain further information, please contact us using the contact details below.
- If you are a User who lives in France, the right to give us particular instructions regarding what happens to your personal data after your death.
- right to lodge a complaint with a supervisory authority: you have the right to refer and lodge a complaint with your country’s data protection authority (https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm) in order to dispute THE EXPLORERS NETWORK’s practices regarding personal data protection and privacy. However, please contact us using the contact details below before lodging any complaints with the relevant data protection authority.
To exercise these rights, the User may send a request by post to: THE EXPLORERS NETWORK, The Explorers - 141 Avenue Félix Faure 75015 Paris, or by e-mail to: firstname.lastname@example.org
The request should specify the e-mail or postal address for reply. THE EXPLORERS NETWORK shall have one (1) month to reply following receipt of the request.
When the User visits the Website or uses the Application, cookies or other trackers may be placed on their hardware (computer, tablet or mobile phone) depending on preferences set when logging in to the Website or the Application for the first time or at any time thereafter.
10.1. What are “cookies” and “other trackers”?
Cookies are small files which contain data generated when the User browses a website or application. They are installed on the computer or any other communication device used by the User (telephone, tablet, TV).
Other tracking technologies such as invisible trackers, pixels and gifs operate in the same way as cookies.
Cookies and other trackers enable status information to be exchanged between the Website and/or the Application and the User’s browser or the device used by the User. Such data can reveal the type of browser used, the date and time of the visit, the IP address and the activities conducted on the Website.
They are used both to allow access to the services offered on the Website and/or the Application, including to remember the User account login identifiers and allow you to remain authenticated from one page to the next, and to remember the screen resolution settings and the language in which you want the Website or the Application to be displayed. They are also used to track the User’s website activity and enable information to be collected on how the User uses the Website and/or the Application, thereby improving their functionality and the User’s experience of the Website or the Application.
10.2. Types of cookies used on the Website and/or the Application and purposes:
There are several types of cookie: session cookies and persistent cookies as well as cookies which are strictly necessary for operating the Website and/or the Application or the services offered on them and those that are not strictly necessary.
The Website and/or the Application place the following types of cookie:
- session cookies, which are temporary and therefore automatically deleted from the User’s device each time they close their browser
- persistent cookies, which remain on the User’s device for a period of time determined in the cookies and are activated each time the User visits the website which installed them
- cookies which are strictly necessary and do not require the User’s consent
- cookies which are not strictly necessary and do require the User’s consent.
- Cookies which are strictly necessary
In particular, THE EXPLORERS NETWORK uses the following cookies on the Website and the Application:
- A ServiceStack session cookie to authenticate members on the Website and store information about the User’s interactions.
- An authentication cookie to enable the “Remember me” option to operate on the Website.
- Cookies which are not strictly necessary
- Audience measurement cookies
- Social networking buttons and other cookies placed by the social networks Cookies from certain social networks, such as Facebook, Instagram, Twitter, YouTube and WhatsApp, may also be placed by each of the domains to allow the User to interact on social networks.
All of the information gathered is transmitted and stored on a Google Inc. server located in the United States.
When the User uses the "share" buttons, a third-party cookie is also installed. If the User is signed in to the social network when browsing the Website, the “share” buttons allow the content viewed to be linked to the user account and so enable direct sharing on the social networks in question.
When registering or signing in via the Facebook Connect tool, THE EXPLORERS NETWORK is given access to the following User data:
- Their username
- Their e-mail address
- Their profile photo
Furthermore, once the User registers or signs in via this tool, third-party cookies are installed. These cookies are used by Facebook to provide advertisements and make recommendations for companies and other organisations.
THE EXPLORERS NETWORK is in no way involved in the installation or operation of such third-party cookies and does not have access to or control over such cookies. These cookies are subject to their own cookie policies which are available on each third-party website concerned and which THE EXPLORERS NETWORK recommends the User should read.
Consequently, THE EXPLORERS NETWORK is not responsible for the data collected by those cookies and shall not be able to provide the User with any information regarding the nature of the information collected by those third-party cookies. 10.3. The User’s choice regarding cookies As mentioned above, THE EXPLORERS NETWORK asks the User for their consent to install third-party cookies directly on the banner which pops up on the Home page when the User first visits the Website.
These third-party cookies shall not be installed on the User’s browser without their consent or if they click on “I refuse”.
The User also has other ways to control or limit the way in which cookies can be installed and used by THE EXPLORERS NETWORK or by third parties:
- The User may decide to delete all or some of the cookies from their device using their browser settings
- The User may decide to prevent the installation of some cookies on their device using their browser settings.
- Internet Explorer: https://support.microsoft.com/en-en/help/17442/windows-internet-explorer-delete-manage-cookies
- Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
- Safari: https://support.apple.com/en-en/guide/safari/sfri11471/mac
- Opera: https://help.opera.com/en/latest/web-preferences/#cookies
- Facebook: https://www.facebook.com/policies/cookies
- Twitter: https://help.twitter.com/en/rules-and-policies/twitter-cookies
- Whatsapp: https://www.whatsapp.com/legal/?lang=en#key-updates
To find out more about cookies and how to manage them, the User can also visit the following websites: www.youronlinechoices.eu and www.allaboutcookies.org.
This Policy may be amended by THE EXPLORERS NETWORK at any time. In this case, the date the Policy is updated shall be updated and indicate the day when the amendments were made.
If THE EXPLORERS NETWORK makes significant amendments, the Users shall be informed by e-mail. If the Policy is amended, the new version in force shall apply to the User from when they log in to the Website in question.
If there is a dispute between the User and THE EXPLORERS NETWORK, the Policy to be taken into account shall be the one in force at the time the facts giving rise to the dispute occurred.
12. How to contact us
In general, if the User has any questions or comments regarding this Policy or the use made of their data by THE EXPLORERS NETWORK, they can contact THE EXPLORERS NETWORK at: email@example.com