General Conditions of Use and Personal Data Protection Policy

GENERAL CONDITIONS OF USE


Welcome to the portal for the audiovisual archives of the International Committee of the Red Cross (ICRC). The ICRC is an impartial, neutral and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of armed conflict and other situations of violence and to provide them with assistance. It also endeavours to prevent suffering by promoting and strengthening humanitarian law and universal humanitarian principles.

These archives illustrate and document the activities of the ICRC and the International Red Cross and Red Crescent Movement, from the end of the 19th century to the present, in all their different areas of work. They are a way of keeping alive the memory of the victims of armed conflicts and other situations of violence in which the ICRC, throughout its long history, has given its help.

1. Accepting the General Conditions of Use

1.1 Regardless of whether or not you become a registered user (“you”), by accessing and using our portal you agree to be bound by these general Conditions of Use (“Conditions”), which you declare you have read and understood.

1.2 The ICRC reserves the right to amend or change these Conditions at any time, at its sole discretion. It is up to you to consult them regularly on this website to keep yourself informed of any changes.

1.3 By using the portal you accept that the mere fact of publishing revised Conditions on it is sufficient to make any alteration or revision effective with respect to you. Your continuing to use the portal after a change means that you accept these alterations.

1.4 Some of the content on the portal may be upsetting for some people: be it the images themselves or the terms used that reflect the practices of the time. The ICRC cannot guarantee that you will not be exposed to this content if you visit this site.

2. Registering on the site

2.1 You do not need to register in order to consult the documents on the portal.

2.2 To access the downloading function, however, you do need to register and set up an account. You undertake to provide correct, accurate, up-to-date, complete information about yourself, as requested by the required registration form. If you provide details that are incorrect, inaccurate, outdated or incomplete, or if the ICRC has reasonable grounds for thinking that you may have done so, or has reason to believe that you have not complied with some provision set out in these Conditions, it shall be entitled to deny you the use of the portal (or any part of it), now or in the future, without having to justify its decision.

3. Use of the content

3.1 The ICRC authorizes those using the portal to download its content and share it. For commercial use, prior authorization in writing must first be obtained from the ICRC: please contact us.
No matter how you use the portal, you undertake to do as follows:
- not to prejudice the ICRC’s impartial, neutral, independent humanitarian work,
- not to alter the content of the portal, or related references, in any way whatsoever,
- to quote the source and the authors.
You may not under any circumstances sell the content of the portal (photos, film footage, sound recordings or their description) or incorporate it into any database (commercial or non commercial).

3.2 You undertake not to infringe any legal provisions and not to use the portal for any illegal purpose; not to introduce any false, incomplete or inaccurate information into it; not to introduce any virus, Trojan horse or any other program designed to cause damage, produce a harmful effect, or intercept or counteract any system, piece of data or personal information.

4. Downloadable archives

Downloadable audiovisual archives and their references are described and available on the portal. The archives’ features and illustrations are given for information only. The ICRC does not guarantee that an archive matches its description or its illustration.

5. Other archival documents

5.1 If you need files in different digital formats from those featured, please contact us. In responding to your request, the ICRC will do its best to supplement what is offered online.

5.2 As far as possible the ICRC will send you these files in electronic format free of charge, provided the formats you request are available and provided they are of a size that can be sent by email. Otherwise, with your consent you will be invoiced for the cost of digitizing or transcoding them and for sending them on a physical device (cost of device plus delivery).

6. Price and contribution to delivery cost

For payment, you will be invoiced at the address given by you in your dealings with the ICRC.

7. Delivery

7.1 The cost of delivering a parcel depends on its weight and destination. You will be asked to agree to the cost before your parcel is approved for sending.

7.2 Unless special conditions are specified when the order is being approved, estimated delivery time is around one week from the date of confirmation of purchase. This delivery time is an estimate, and the ICRC is not bound by it.

7.3 The ICRC shall not be liable in the event of delay or any other problem during delivery. The ICRC shall be released from all liability once the archive ordered has been handed over to the postal service or to a carrier.

8. Guarantee and returns policy

The ICRC offers no guarantee in relation to archives delivered on a physical device, nor are you entitled to return them. If you have any questions, however, you may contact us.

9. Intellectual property and rights of the individual

9.1 The portal and its content (texts, images, sound, photos, film footage, music, data, logos, brands, software, etc.) are protected by intellectual property rights, in particular copyright and related rights, and by rights vested in individuals, in particular the right to control the use of one’s voice and one’s image. The portal and its contents are the exclusive property of the ICRC and/or of the rights-holders.

9.2 The ICRC has made every reasonable effort to clarify copyright and find the rights-holders for certain documents about which it had doubts. If, while using the portal, you should become aware of a potential violation of the above rights or any other rights, please contact us immediately. The ICRC undertakes to remove provisionally, and as quickly as possible, any contentious record brought to its attention.

9.3 Where one of the above rights, or any other right, is infringed – and in particular where rights-holders have put forward a valid objection to the use of the contentious record on the portal – the ICRC undertakes to remove the contentious record from the portal for good.

10. Changes to the service

The ICRC reserves the right to alter or shut down the portal (or any part of it) temporarily or for good, with or without notice. You agree that the ICRC shall not be answerable to you or to any third party for any alteration to or suspension or cessation of the portal or service. Any part of the content may be obsolete at any time without the ICRC's being in any way bound to update this content.

11. Termination

You agree that the ICRC may, at its sole discretion, cancel your use of the portal and remove and/or delete any record from the portal for any reason whatsoever – in particular if the ICRC considers you have breached a provision of these Conditions – without prejudice to the other means available to the ICRC in the event of an infringement of these Conditions. The ICRC may also withdraw the portal or any part of it, at its sole discretion and at any time, with or without notice. You agree that your access to the portal may be suspended without notice, by virtue of any provision in these Conditions. You further agree that the ICRC shall not be answerable in any way to you or to a third party for any cancellation of your access to the portal.

12. Exclusionary clause

12.1 You access and use the portal solely at your own risk. The portal and its content are provided as is and as available. The ICRC gives no guarantee, whether express or implied, as to the quality or availability of the portal or its content or their fitness for a particular purpose, and you agree not to rely on any such guarantee.

12.2 The ICRC makes no representation or warranty that (i) the portal or its content will meet your needs, (ii) the portal service will be uninterrupted, punctual, secure or error-free, (iii) the results obtained by using the portal will be accurate or reliable, or that (iv) any error of content will be corrected.

12.3 You download any document or record or obtain it in some other way through the use of the portal at your own risk, and you alone will be liable for any damage caused to your computer system or for any loss of data resulting from the downloading of such documents or records.

12.4 No information, whether oral or written, obtained by you from the ICRC either by means of or from the portal shall create a guarantee or any other obligation not expressly indicated in these Conditions, and the ICRC disclaims any liability for any trust placed in such information by any visitor to the portal, or by any person who may be informed of any part of its content.

13. Indemnity

You undertake to indemnify the ICRC, its partners and employees, from and against any and all liabilities, losses, damages, claims, penalties, fines, fees and expenditure, including but not limited to reasonable lawyers' fees, arising out of: (i) your use of or access to the portal, including but not limited to any content thereof, or your connection to the portal, or (ii) your failure to comply with any of the provisions set out in these Conditions.

14. Limitation of liability

You acknowledge and expressly agree that the ICRC is not liable for any direct, consequential, incidental, particular or resulting damage, nor any punitive damages, including, inter alia, damages for loss of earnings, loss of customers, loss of enjoyment, loss of data or other intangible benefits (even where the ICRC has been notified of the possibility of damage) resulting from: (i) the use of the portal or the impossibility of using it, (ii) the cost of purchasing replacement goods or services arising from any goods, data, information or services purchased or obtained or messages received or transactions concluded by means of or from the portal, (iii) unauthorized access to your data transmissions or the alteration thereof, (iv) statements by or the behaviour of any third party on the portal, (v) results given on the portal or any portals linked to it or any documents published on it, (vi) any infringement of the rights of third parties, in particular copyright, related rights or the rights of the individual, whether directly or indirectly linked to the use of the portal or its content, (vii) any shortcomings in the archives ordered, or (viii) any other issue relating to the portal.

15. Exclusions and limitations

15.1 In some jurisdictions it is not permissible to exclude certain guarantees or to limit or exclude liability for incidental or consequential damages. Accordingly, some of the restrictions mentioned in these Conditions may not apply to you.

15.2 Where your rights and the exclusion or limitation of liability are concerned, these Conditions shall be subject to the mandatory legal provisions applicable.

16. General information

16.1 These Conditions constitute the entire agreement between you and the ICRC concerning their subject; they cancel and replace all previous agreements, arrangements and undertakings of any kind between you and the ICRC on this subject, whether oral or written. You may be subject to additional conditions of use which may apply when you use the services of affiliated companies, third-party content or third-party software.

16.2 The fact that the ICRC does not implement or enforce any right or provision set out in these Conditions shall not constitute a waiver of that right or provision.

16.3 If a provision in these Conditions is ruled to be null and void, the parties nevertheless agree that their intentions, as apparent from the provision, shall be carried out to the fullest extent possible and that the other provisions in the Conditions shall remain in full force and effect. The titles of the sections in these Conditions are designed merely to make them easier to consult, and have no legal or contractual effect.

16.4 You may not assign or transfer any of your rights or obligations or sub-contract the fulfilment of any of your obligations under these Conditions. The ICRC may assign or transfer any right or obligation, or sub-contract any of its obligations under these Conditions, to any third party, at any time, without your consent (this consent being given by these provisions).

17. Jurisdiction and applicable law

17.1 The Conditions – with the exception of the Conditions of Use and the Personal Data Protection Policy – and relations between you and the ICRC shall be governed by Swiss substantive law.

17.2 Any dispute arising in connection with these Conditions, with the exception of the Conditions of Use and the Personal Data Protection Policy, must be settled by arbitration by a single arbitrator in compliance with the Swiss regulation on international arbitration in force on the date on which the notification of arbitration is lodged. The seat of arbitration shall be in Geneva, Switzerland, and the arbitration hearing shall be held in French.

PERSONAL DATA: CONDITIONS OF USE AND PROTECTION POLICY


These Conditions of Use and Personal Data Protection Policy (hereinafter referred to as “the Policy”) describe the method the ICRC uses to collect, manage and use information on visitors to this portal. By using the portal you agree that personal data may be collected and used in accordance with this Policy, which may be altered, supplemented, withdrawn or updated without notice. The Policy is to be interpreted on the basis of the ICRC’s reference framework on the protection of personal data.

1. What personal information do we collect?

1.1 We collect personal data about you when you provide it through the portal, for example when you register, whether you are asking for information or interacting more generally with this website.

1.2 We collect the following personal data:
- your surname, first name and email address, your line of work, the name of your organization, your position, and details of your location;
- replies you give to any surveys, which we may use for statistical purposes;
- messages you send us, for example to point out a problem or comment on the portal’s subject-matter;
- details of your visits to the portal, including, but not limited to, statistics about how frequently you consult it, what resources you use (for example your IP address, the date and time you accessed the portal, the URL you visited, the portal of origin, type of browser and operating system).

2. How do we use your personal data?

2.1 This information is used to improve our service, process invoices, compile statistics (including on consultation) and to communicate with you.
More specifically, it is used:
- to reply to your requests for information;
- to enable you to use the portal’s interactive functions (e.g. download data, save files);
- to provide services or give help;
- to improve our website, communication, products and services; to compile statistics on consultation, on the downloading of documents available on the portal ;
- to ensure that the portal’s contents are presented in the way that suits you best.

2.2 When setting up your account on the portal you will be asked to tick a box if you would like to receive regular updates on the ICRC’s work in the field. If you tick this option, your contact details will be forwarded to the relevant department. If you don’t tick this option, you won’t appear on any mailing list.

2.3 Your personal data may be processed or stored outside Switzerland. You should note that this localization could involve countries that do not necessarily guarantee the same degree of personal data protection as Switzerland. In such cases we take all the necessary steps to ensure that your personal data is adequately protected. By providing us with this data, you specifically agree to this transfer and its consequences.

3. Cookies

3.1 Mainly to improve your experience of browsing on the portal, cookies of one kind or another are used, either by the ICRC or by partner companies. They may automatically record personal information.

3.2 You can deactivate cookies by adjusting your browser's security settings. If you do not do so, you agree that the data gathered may be collected and processed.

4. Sharing your personal data with third parties

It is our policy not to disclose, sell or distribute to third parties the personal data collected by means of this portal. In some cases, however, we might call on internet service providers to help us process the information we obtain through the site, for our benefit. Our practice is to ask our providers to conduct these activities in compliance with this Policy and with our requirements. Should the question of passing on your data to a third party arise, the ICRC will ask you for your consent, subject to any court application, legal obligation or business transfer.

5. What happens to your personal data if a link leads you to another website?

The portal may contain hyperlinks leading to websites outside the ICRC. We take no responsibility for the content of these sites or how they process private data. Where links on our portal lead to other websites, we advise you to consult the policies of these third parties.

6. Right of access

You are entitled to know what data we have on you. If you wish to find out, please contact us. We may ask you to give proof of your identity. You can also ask to have incorrect information corrected.

7. How long does the ICRC keep personal information about you?

We keep personal information about you for two years from the date on which you close your account or on which you stopped using the services of the portal (in other words, the last time you logged on). This is so that we can contact you and let you know if a document you downloaded has been withdrawn temporarily, or for good, and can no longer be used for data protection or copyright reasons.

Remember, you are entitled to ask for personal information about yourself to be deleted at any time. See Section 6, “Right of access”.

8. Changes to this Policy

This Policy may be altered at any time. Your continuing to use the portal after any changes means that you agree to them.

9. Jurisdiction and applicable law

Any dispute arising in connection with this Policy must be settled by arbitration by a single arbitrator in compliance with the Swiss regulation on international arbitration in force on the date on which the notification of arbitration is lodged. The seat of arbitration shall be in Geneva, Switzerland, and the arbitration hearing shall be held in French.

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