Privacy policy

The French regulatory authority for audiovisual and digital communication (Arcom), headquartered at 39-43, quai André Citroën, 75015 Paris, processes personal data within the scope of its legal responsibilities.

This data is processed for the purposes and retention periods specified in the table below:

Purpose 1: Processing of data collected via Internet forms, e-mail, post, switchboard, social networks (excluding graduated response) and chatbot.

Details

Personal data may be collected by Arcom to carry out the following operations:

• managing public alerts on a program and compiling statistics on the subject ;
• management of public alerts on the obligations of online public communication service editors set out in article 47 of law no. 2005-102 of February 11, 2005 for equal rights and opportunities, participation and citizenship of disabled people;
• management of information on television and radio reception and correction of reception problems;
• management of SMAD declarations;
• management of operator directories;
• management of the mission to encourage the development of legal supplies (reporting works that cannot be found, reporting difficulties in using a legally acquired work, and proposals for inventories of platforms likely to be considered legal);
• management of contact forms;
• management of chatbot conversational agents on the Facebook Messenger platform and the Arcom website;
• management of instant conversation modules on Arcom's social networking platform accounts;
• management of institutional information emails (newsletters).

Retention period: This data is kept in principle for the duration of the file investigation. In addition to this period, the applicable legal prescription and public archiving periods may apply. In the latter two cases, access to the data is restricted to the legal and archiving departments, and the data may only be communicated to other Arcom departments on a justified, ad hoc and detailed basis.

In the specific case of the management of public alerts on a program and the compilation of statistics on this subject, as well as for the management of public alerts on digital accessibility, the data is kept for a period of five years from the submission of a case before the court.

In the specific case of the Arcom newsletter, the e-mail address is kept for as long as the person concerned does not unsubscribe (via the unsubscribe link integrated into the newsletter).

In the specific case of Arcom's chatbot, accessible from its Facebook page and website, this tool can operate in two ways:

• as of pre-recorded questions proposed by the chatbot, which Internet users can select to obtain the answers associated with these questions
• as of free fields accessible directly on the chatbot interface. The requests are then retrieved and processed to provide the user with the most appropriate response possible in an efficient manner.

When using free fields, it is strongly advised not to provide personal information during exchanges. The chatbot tools do not distinguish the sensitivity of the data provided and do not perform any special processing on this basis. Furthermore, this data is of no use to Arcom, and is not shared or cross-referenced by the data controller. The chatbot's automated responses are for information purposes only and do not constitute automated decision-making within the meaning of French data protection regulations. Arcom carries out a monthly deletion of chatbot conversation histories accessible on the Facebook page and the website.

Purpose 2: Processing of data collected by departments responsible for implementing the "graduated response" proceedings.

Details

The personal data collected via the "I have received a notice" and "I have received a letter of notification" forms is used by Arcom to implement the proceedings for sending notices as provided for in article L. 331-20 of the French intellectual property code (graduated response).

This data is recorded in the scheme for managing measures to protect works on the Internet, authorized by article L331-23 of the French intellectual property code.

Retention period : data is kept for the periods set out in article 3 of the decree of March 5, 2010 relating to the automated processing of personal data authorized by article L. 331-23 of the French intellectual property code, known as the "Système de gestion des mesures pour la protection des œuvres sur internet", as amended.

Purpose 3: Data processing linked to the respect of plurality in Arcom's control of publishers' programs

Details

1) With regard to political plurality, Arcom departments whose missions so require have access to a repository of political figures in order to ensure Arcom's mission as a public authority to guarantee respect for plurality in the expression of currents of thought and opinion, as abided by the law of September 30, 1986.

Personal data assimilable to data relating to political opinions are processed pursuant to e) of Article 9 of the RGPD (data manifestly made public by the data subject).

Retention period: this data is kept in compliance with applicable regulations, taking particular account of the principles set out in Article 5 of the RGPD. They are revoked from the repository when the person concerned is no longer active in political life.

2) With regard to service editors' compliance with regulations in the programmes they show, in particular to ensure the plurality of currents of thought and opinion in programmes, personal data may also be collected by Arcom.

The personal data processed are: the identity, functions, roles of speakers, comments expressed in the programs, where appropriate, sensitive data within the meaning of Article 9-1 of the RGPD. These data are processed pursuant to e) of Article 9-2 of the RGPD (data manifestly made public by the data subject).

Retention period: this data is kept in compliance with applicable regulations, taking particular account of the principles set out in Article 5 of the RGPD. They are kept for 2 years after the closure of the file, to which is added, where appropriate, the time taken to investigate the case in litigation.

Purpose 4: Processing of data collected in connection with Arcom's relations with professionals

Details

In order to carry out Arcom's public service missions, its departments are required to process personal data in their interactions with professionals (regulated operators, other administrative authorities, judicial authorities, bodies representing the audiovisual, intellectual property and digital industries, representatives of civil society, academia, technical experts, service providers, etc.).

This data is processed as part of the investigation of cases, the setting up of expert committees or observatories, the organization of events or the performance of support functions.

Retention period: this data is kept in compliance with applicable regulations, taking particular account of the principles set out in Article 5 of the RGPD. Data is kept for the period necessary to achieve the purposes for which it was collected, and is updated annually.

Purpose 5: Processing of data collected via the application logs of its websites

Details

Application logs collect Internet Protocol addresses when browsing the www.arcom.fr and www.csa.fr websites, as well as e-mail addresses when using forms. This data is collected for incident response purposes, particularly in the event of attacks or attempted attacks.

Retention period : these application logs are kept for one year.

Purpose 6: Processing of cookies and tracers

Details

The sites published by Arcom use cookies and trackers.

For the www.arcom.frwebsite and chatbot

Cookies and trackers requiring the Internet user's consent are managed by an ad hoc scheme, which can be browsed in the footer of the site, under the heading "Cookie management".

The French national data protection agency allows audience measurement cookies to be exempted from prior Internet user consent. In particular, these tracers must not enable the overall tracking of browsing by the person using different applications or browsing different websites. Likewise, these tracers may only be used to produce anonymous statistical data, and the personal data collected may not be cross-checked with other processing operations or passed on to third parties, as these operations are not necessary for the operation of the service. You have the option of objecting to this limited audience measurement via the cookie management tool mentioned in the previous paragraph.

Website:

The cookie management tool itself also deposits a cookie on your terminal. The purpose of this cookie, entitled "Tarteaucitron", is to save your choice in terms of depositing or reading cookies on the arcom.fr website. This cookie is "strictly necessary for the provision of an online communication service at the express request of the user" within the meaning of article 82 of the French Data Protection Act. It does not involve the collection of personal data. For these two reasons, prior consent and the right to object do not apply to this particular cookie.

Chatbot :

In order to ensure the technical continuity of the chatbot accessible on arcom.fr or to keep a history of your conversation between the different pages of the site where it is female presenter, the botnation.ai chatbot cookie is deposited and read on your terminal. This action is governed by article 82 of the French Data Protection Act, on which the French national data protection agency has published guidelines and notices.

This cookie is deposited only when the chatbot is activated. It is then "strictly necessary for the provision of an online communication service at the user's express request" within the meaning of article 82 of the French Data Protection Act, and therefore does not require your consent.

However, if this cookie enables the chatbot to function optimally, it is likely to record personal data about you via the free fields (see purpose 1). You can object to this by using the cookie management module on the arcom.fr website. You can also choose to block it technically using your browser settings, but your browsing experience may be degraded.

For the www.csa.frsite

Cookies and tracers requiring the Internet user's consent are managed by an ad hoc scheme, which can be browsed in the footer of the site, under the heading "Cookie management".

The French national data protection agency allows audience measurement cookies to be exempted from prior Internet user consent. In particular, these tracers must not enable the overall tracking of browsing by the person using different applications or browsing different websites. Likewise, these tracers may only be used to produce anonymous statistical data, and the personal data collected may not be cross-checked with other processing operations or passed on to third parties, as these operations are not necessary for the operation of the service. You have the option of objecting to this limited audience measurement via the cookie management tool mentioned in the previous paragraph.

The cookie management tool also deposits a cookie on your terminal. The purpose of this cookie, entitled "Klaro", is to save your choice regarding the placement or reading of cookies on the French Superior Audiovisual Council.fr website. This cookie is "strictly necessary for the provision of an online communication service at the express request of the user" within the meaning of article 82 of the French Data Protection Act. It does not involve the collection of personal data. For these two reasons, prior consent and the right to object do not apply to this particular cookie.

Purpose 7: Public content posted on websites published by Arcom

Details

All public content posted on websites published by Arcom is kept for historical or archival purposes in the public interest. Data subjects may exercise their data protection rights under the conditions laid down by the RGPD, in particular Article 89 thereof, in accordance with the contact details set out in point 4 of this privacy policy.

Purpose 8: Processing of data collected as part of the implementation of the Digital Services Regulation (DSR)

Details

As part of its duties under the Digital Services Regulation (DSR), Arcom processes personal data for the implementation of the following operations: management of "regulated provider" directories and information on contact points and legal representative, monitoring of regulated providers' obligations, management of certifications and monitoring of the operation of out-of-court dispute settlement bodies, management of the granting of trusted flagger status, management of data access requests by researchers, handling of complaints, cooperation with the competent authorities, management of injunctions issued by the competent authorities. The categories of personal data concerned by the processing are: identity, contact details, professional experience and function, information provided on a declaratory basis by applicants or plaintiffs, data contained in documents or information media which Arcom members and agents may obtain in the course of their duties.

Retention period: this data is kept in compliance with applicable regulations, taking particular account of the principles set out in Article 5 of the RGPD. Data is kept for the period necessary to achieve the purposes for which it was collected, and is updated annually.

Purpose 9: processing of data collected as part of the manager's mission to ensure fair representation of the diversity of French society

Details

As part of its mission to ensure fair representation of the diversity of French society in the audiovisual media, as set out in article 3-1 of the law of September 30, 1986, Arcom has set up a barometer to measure this diversity in the audiovisual media. The barometer covers people who appear on DTT channels, radio stations and on-demand media services during the annual indexing period, excluding non-anthropomorphic characters. The categories of personal data concerned by the processing relate solely to information concerning the persons expressing themselves in the audiovisual programs analyzed on the basis of criteria that may be perceived by the viewer or listener. This information relates to age, gender, perceived origin, disability, socio-professional category, place of residence and precariousness. No nominative or individualized data is passed on to third parties.

Retention period: identifying data is retained for the duration of the indexing process, and anonymized on the date of publication of the report.

Legal basis.

In general, data is processed by Arcom for the implementation of its public authority missions or on the basis of a legal obligation to which the authority or an operator is subject.

In special cases, data may also be collected on other grounds:

• Arcom's legitimate interest (in the case of application logs for websites managed by Arcom and audience measurement for the arcom.fr website);
• the consent of the person concerned (in the case of data processing linked to cookies subject to the prior consent of the Internet user on sites managed by Arcom).

Compulsory or non-compulsory provision of data. Data may be required in order to process your demand.

The personal data processed by Arcom is accessible only to its managers who need to know this information in the course of their duties and to the members of its board. In certain limited and detailed cases, Arcom's authorized service providers and the authorities legally entitled to receive such data may receive it.

The personal data processed by Arcom is done so using secure technical and organizational measures. Arcom staff and service providers are required to respect the confidentiality of your information.

Data subjects have the right to access, rectify, object to, delete and limit the processing of their personal data.

For any information or to exercise their rights with regard to the processing of personal data handled by Arcom, data subjects may contact its Data Protection Officer (DPO), enclosing proof of identity with their demand:

• at the following e-mail address

• or by post to the following address:
  French regulatory authority for audiovisual and digital communication
  For the attention of the Data Protection Officer (DPO)
  39-43 Quai André Citroën, 75015 Paris, France

The French national data protection agency (CNIL) isthe administrative authority responsible for processing personal data . Complaints relating to the use of personal data may be lodged with the CNIL.

• Specific procedures for exercising the rights of persons concerned by a "graduated response" proceedings implemented by Arcom

Individuals concerned by this proceedings have the right to access and rectify their data, in accordance with articles 105 and 106 of law no. 78-17 of January 6, 1978 relating to information technology, files and freedoms. Decree no. 2010-236 of March 5, 2010, however, expressly excludes the right of opposition and sets deadlines for data deletion.

For any information or to exercise their rights concerning the processing of personal data handled in the context of these proceedings, data subjects may contact the Data Protection Officer (DPO) , enclosing proof of identity with their request, andquoting the reference on the notice received:

• at the following e-mail address

• or by post to the following address:
  French regulatory authority for audiovisual and digital communication
  For the attention of the Data Protection Officer (DPO)
  39-43 Quai André Citroën, 75015 Paris

You may provide Arcom with information about other individuals. In doing so, you undertake to:

1. communicate the information relating to the processing of personal data detailed above to the individuals mentioned ;
2. comply in general with the applicable regulations on "information technology and civil liberties".