Geneanet Homepage > Geneanet Website Terms and Conditions of Use

Geneanet Website Terms and Conditions of Use

(Last revised 24 July 2018)

Table of contents

1. Introduction
2. Definitions
3. Presentation of Service
4. Use of the Site
5. Geneanet Premium
6. Genealogical Data Hosting
7. Service ‘Genealogical Will’
8. Member data ownership and non-commercialisation
9. Rights to Access, Modify and Delete Data
10. Service ‘Discussion Forum’
11. Service ‘Geneanet mailbox’
12. User’s Liabilityj
13. Geneanet’s Liabilities
14. Intellectual Property
15. Modification of the Site and current Terms and Conditions of Use
16. Force majeure
17. Miscellaneous

1. Introduction

The Geneanet webSite (hereinafter referred to as the ‘Site’) is a webSite accessible on the Internet at www.geneanet.org, edited by Geneanet SA, registered at the ‘Registre du Commerce et des Sociétés’, Paris, as reference B 428 812 572 at a share capital of 44,996.60 €, and under the intra-Community VAT identification number FR 60428812572. Geneanet’s registered business address is 165 bis, rue de Vaugirard, 75015 Paris, France. The aim of the Site is to make genealogy accessible to everybody.

The Geneanet Site is hosted by Claranet, 68 rue du Faubourg Saint-Honoré, 75008 Paris, France. The Publication Director is Mr Jacques Le Marois, Chairman and Managing Director of Geneanet SA.

Geneanet offers on its Site a vast choice of online services (hereinafter referred to as ‘Service’ or ‘Services’) relating to genealogy and family history. The service ‘Family trees online’ is also available on smartphones and tablets with the App downloadable from Google Play and App Store.
By using this Site, fully or partly, the user is fully accepting the ‘General Terms and Conditions of Use’ and is obliged to strictly adhere to these regulations.
These General Terms and Conditions of Use are accessible via the Site registration form or via the tab ‘General Terms and Conditions of Use’ found at the bottom of the webpage. Unless otherwise stated, all new services or modifications to existing services are subject to the current General Terms and Conditions of Use.

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2. Definitions

2.1. Users and Members

User: All visitors who use the Site and/or any of the Services offered on the Site. Users may have several statuses i.e. user, member, premium member.
Member: All users who have registered free of charge to the Site and are recognised as such during access to the Site. Registration gives the member access to certain services, including the Geneanet account.
Premium Member: All members who have subscribed as Premium Members by completing the appropriate online form and paid the subscription fee. Premium subscription allows access to a full list of services that are available on the webpage ‘Geneanet Premium’.
Geneanet Account: Members can freely manage all their personal data (as defined by article 2.2.1), i.e. add, delete, modify. Certain account information is obligatory for the use of some services e.g. the postal address of members who wish to publish their family tree on Geneanet.
Contributor: A member of the Site who shares his personal archives via the various services available on the Site.

2.2. Data

2.2.1. Personal Data

The term ‘personal data’ refers to all nominative data relating to the member, either a private individual or recognised company, which is provided voluntarily during account registration to the Site, or when updating the member’s profile to access the services provided.

2.2.2. Genealogical Data

The term ‘genealogical data’ refers to all personal or other data voluntarily provided or entered in the genealogical tree published via the Geneanet genealogical tree tool, or via another sharing service provided by Geneanet.

The term ‘collaborative genealogical data’ refers to all documents published on Geneanet by users and freely shared with all Site users.

2.2.3. Electronic identification data or cookies

The term ‘Electronic identification data’ refers to all electronic information found on the Site during Internet navigation and which, regardless of the type of data, allows identification of the user terminal (computer, tablet, or smartphone) and all pages vid during navigation of the Site. This data will be used to identify the user, prevent access to the user’s account by a third-party and to supply the user with personalised information during their navigation of the Site.

Electronic identification data is collected by Geneanet and its partners for exclusive use.

Electronic identification data is registered as cookies.

A cookie is a text file stored within the computer of the Internet user during a visit to the Site, or a visit to related advertising. The primary aim is to collect anonymous information (information attached to the terminal used to access the Site) relating to Site navigation and to subsequently direct personalised services and contents to the user.
At the terminal (computer, tablet, or smartphone) the cookies are generated by the Internet navigator (see article 10.3.).
The cookies have a variable life expectancy according to their role that is always less than 13 months after the last activation of the related service by the user concerned (connection to the Site, reading of linked email, etc).

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3. Presentation of Service

3.1. Presentation of Service

The aim of the service is to allow the user to construct their genealogy and family history.

For this purpose, Geneanet, acting as a hosting provider, make configurable space and options available for its Users, allowing them to build their family tree and to make genealogy research.

Genealogy is recognized as a science in its own and has great historical interest, so the processing of data collected by Geneanet for genealogy research if intended for historical and scientific research pursuant to Article 89 of Regulation (EU) 2016/679.

Details of this processing are given below.

3.2. Legal basis for the processing of personal data applied by Geneanet

Geneanet collect and process its User’s data:

• in respecting the required consent that each and every User may revoke at any time;
• to fulfill its legal obligations;
• in the public interest and in particular for the purposes of historical and scientific research to provide a personalized, innovative and secure online genealogy service;
• for its legitimate interests and in particular for providing a genealogy service accessible for all, except if these interests are superseded by Users’ fundamental interests, freedoms or rights that impose the protection of their personal data.

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4. Use of the Site

4.1. Access to the Site

Anyone with an Internet connection can access the Site and consult its pages without charge. However, certain services are only accessible to members (see article 4.2.4.). Additional services are restricted to only those Premium members (see article 5.).

4.2.Registration

4.2.1. Registration methods

A user can register for Member status by completing the registration form. The registration as a member is complete when the user receives the ‘Registration Confirmation’ email form Geneanet.
Registration is open to all individuals and associations or genealogical societies for non-profit purposes. All businesses, commercial enterprises, professionals and freelancers, whether French or foreign, are expressly excluded from using these services.

The user must complete the registration form found on the Site with all the required information. This information allows the user to be identified securely. The IP address of the computer used to register to Geneanet is recorded and retained by Geneanet. The user will provide a username and password in accordance with article 4.2.2. below.

If the user fails to provide the required information at registration or the information is assessed to be false, Geneanet reserves the right to delete the corresponding Geneanet account without warning.

A user wishing to register as a Member must assure his email address is compatible with Geneanet emails. User with an incompatible email address will need to pass via an email verification process or anti-spam system. Users wishing to use their own anti-spam systems are responsible for ensuring that Geneanet’s messages (text and HTML) can be received. Member status involves the acceptance by the individual registered to Geneanet to receive messages entitled ‘service’ which are necessary for good relations between Geneanet and its members and also the effective use of the Site by all.

The user has the right to access and rectify the personal data provided during registration in accordance with article 10.

4.2.2. Member identification

The member will have a username and personal password to allow access to the services corresponding to the member status.

Username

During registration, each Geneanet user will choose a username and password. The user cannot choose a username that is already in use. The username is unique to the member. During use of the Site, the username will be systematically required to securely identify the user and to personalise any response from the Site when required.
The user can choose any username that complies with French legislation and the law of Public Order and Decency. Furthermore, the user shall not publish any controversial messages, political or otherwise. What is considered as a controversial username will be at the discretion of Geneanet.

Password

The user can choose a personal and confidential password. The user alone is responsible for the use and safekeeping of the password. The user must protect the secrecy of the password and not divulge it under any circumstances.

4.2.3. Length of registration

User registration is for an unlimited period, without prejudice to either party, and can be unilaterally terminated at any time, without reason and without penalty to the current contractual agreement.

In the event of an infringement of current regulations by the user, Geneanet reserves the right to delete the corresponding Geneanet account without warning and, in the case of a paying account, without penalty or reimbursement.

4.2.4. Processing of personal data in the Geneanet account

4.2.4.1. Purposes, bases of processing and length of data storage

The processing of User’s data, following the creation of a Geneanet account, is only made with the consent of the User and to meet the Geneanet legal obligations.

The purposes are as follow:

• allowing the use of the Site Geneanet.org and of the mobile apps provided by Geneanet, and the management of the Member’s account
• identifying the Users of the Site and of the mobile apps provided by Geneanet
• contacting the family tree owners on the Site
• customizing the services and sending newsletters depending on the place of residence (language, information)
• allowing the use of the internal mailbox and of the forum (as specified in Articles 10 and 11)
• allowing the use of the Geneanet online shop

Data are retained until the closure of the account by the Member, unless legal obligations (in particular, accounting information for the online shop users and Premium subscription). Geneanet retains the Member’s username to prevent it to be used again.

4.2.4.2. Processed data

Geneanet does not operate nor share these data without the prior consent of the Member.

Geneanet undertakes to preserve the security of the data and in particular to prevent them from being altered or accessed by any unauthorized third party.

Mandatory personal data

In order to create a Geneanet account,a user must supply their last name, first name and email address. The user must also confirm willingness to receive Geneanet’s general information messages and/or advertising messages from Geneanet partners by ticking the relevant box found on Registration form agreeing to this effect.

In order to create a family tree on Geneanet, a member must provide their postal address. This address will allow Geneanet to contact the member in case of an appeal by a third party concerning data relating to the third-party that the member may publish in their genealogical tree. In accordance with the data protection legislation, everyone has the right to delete or correct any information that is judged to violate their image or privacy rights.

Every member owning a family tree can invite a relative or other genealogist to view the tree and, with ‘editing rights’, allow them to modify and/or add to it.
Geneanet retains the data provided by its members via this invitation service (email address, last name name and first name of those guests) for a maximum duration of two months or until the guest registers as a user.

The data concerned are:

• last name
• first name
• gender
• postal address (obligatory for creating the family tree)
• email address
• username
• date of birth (and age)

Optional personal data

Geneanet users can provide additional personal data to the mandatory information, such as profession, telephone number, date of birth and any other information that Geneanet decides useful to the management of its user, whilst respecting relevant legislation.

Geneanet and its commercial partners handle all personal data within strict data protection legislation. This data can be used for the following purposes:

• direct post advertising. Personal data will be used to select users to receive relevant/personalised promotions by post.
• direct email advertising. All members have consented to receive related emails on the ‘opt in’ principal. Personal data will be used to select users to receive relevant/personalised promotions by email.
• personalised messages from Geneanet relating to products and services. All consenting members will receive emails relating to Geneanet products and services. A webpage on the Site is allows members to manage their subscriptions to receive letters sent by Geneanet and its members (found under the tab ‘Newsletters’ top right of the webpage).

To this day, Geneanet only share personal data with its partner La Revue Française de Généalogie, for French speaking members who have subscribed to Geneanet Premium and who have accepted to receive a trial offer to this magazine.

The data concerned are:

• profile picture
• personal website
• occupation
• telephone number
• family tree
• name of personal genealogy software
• name of genealogy society
• free comments

Account use

A member can open as many Geneanet accounts as required, provided each account is subscribed to Geneanet. A separate username and password will be required for each account.

The totality of a user’s information is accessible via the Site menu ‘My account’.

Accounts are exclusively for non-commercial use and solicitation or attempted solicitation is forbidden, unless previously agreed by Geneanet

Any member found to breach this clause will have their account immediately suspended without warning, further more, Geneanet reserves the right to take legal proceedings against the offending member.

The data concerned are:

• data related to the visits on the Site (Google Analytics)
• IP Address
• discussions with other members
• comments in the Geneanet.org sites and in the online shop
• beta-test comments
• messages on the forum
• date of last connection
• date of creation of account
• free comments
• consumption habits
• Premium account
• review in the online shop
• date and reason of contact with the Geneanet assistance
• history of discussions with the Geneanet assistance

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5. Geneanet Premium

5.1. Subscription and terms

The Premium subscription allows the user to benefit from, amongst others, the services listed at www.geneanet.org/premium.

When a member has several distinct Geneanet accounts, access to Premium services will only be via the specific account to which the member is subscribed to the Premium package.

A user subscribed to Geneanet Premium confirms full legal capacity to consent to and pay the subscription.

The Premium member irrevocably undertakes the duration of subscription chosen during registration i.e. one or two years from the date at which Geneanet validates the Premium membership subscription.

Conversely, in the case where a Premium member is denied access to premium services due to error on the part of Geneanet, or due to a force majeure, the member can demand either the cancellation of his subscription and the pro rata temporis reimbursement for the period of failed access, or, the subsequent extension of the subscription for a duration equal to the period of unavailability.

In order to allow renewal of subscription without interruption of access to premium services, Geneanet will notify Premium members by email and Site messaging 15 (fifteen) days prior to the end of their subscription.

Prior to renewal, Geneanet will invite the Premium member to pay the necessary subscription. Default of payment at renewal date will automatically result in the account reverting to member status and associated access to Premium services will be withdrawn.

Access to Geneanet as a Premium member is an individual and personal access. It is reserved exclusively for individuals. The Premium member commits to not divulge Geneanet account access details to any third-party. Latitude is accorded to members of the Premium member’s household. Breach of this clause could result in the cancellation of premium subscription, with the remaining sum relating to the annual subscription being held by Geneanet.

The General Terms and Condition of sale of service are accessible at www.geneanet.org/legal/cgv.

5.2. Reasonable use

The Geneanet Premium subscription gives access to all public data provided on the Site (except private data in the Members’ family trees).

These data are provided to Premium members for their personal or professional genealogy research, within the limits defined below.

The Member undertakes to:

• access the Site using a common web browser and for personal or professional research only;
• never share its login information, strictly personal, and never share its Geneanet access with other people;
• never use a temporary email address;
• never use a web robot, for any reason. A web robot, or simply -bot-, is a software application that runs automated tasks (scripts) over the Internet to fetch, analyze and file information from web servers. The use of we robots is specifically prohibited;
• never threaten the security and never restrain the use of the Geneanet Sites;
• never extract, download or copy data for non-genealogical purpose;
• never use the data for commercial purpose.

Geneanet reserves the right to block access to its services in case of abnormal use of the Site and data.

Failure to comply with one of these obligations will result in the immediate cancellation of the account of the Member. Geneanet reserves the right to undertake legal action against any User which may be the source of any abnormal use.

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6. Genealogical Data Hosting

Geneanet provides tools and hosting space to allow its Users to make genealogy research. For this reason, Geneanet offers the possibility of creating family trees and of making searches in historical collections.

When Geneanet is not the data publisher, in particular when Geneanet did not create the relevant family tree, it is considered as a host in application of the Article 6-1-2 of the French Loi pour la confiance dans l’économie numérique (law to support confidence in the digital economy).

6.1. Family trees

Genealogical data are published on Geneanet, family tree host, under the responsibility of the Member who ensure their compliance of publishing and use with applicable laws and regulations.

Geneanet provides three levels of family tree privacy to allow the Member to publish their data in respect of the living persons: “Public” (all persons are displayed), “Semi-Public” (names are displayed but private information is not displayed), and “Private” (living persons are not displayed).

The Member shall choose the appropriate option depending on the persons they enter in their family tree. Living persons have a right of access, rectification and opposition (deletion) to their personal data in any family tree.

If an account is inactive for more than three years, Geneanet reserves the right to make any correction or deletion that are deemed useful or necessary.

6.2. Personal archival collections

Geneanet provides multiple services to allow Contributors to share their personal archives.

A “personal archive” is any digitized or transcribed document, with a genealogical or historical interest, for which the Member owns the rights of reproduction and exploitation, and which can be freely published.

The publishing of these files is made under the sole and full responsibility of the Member. Geneanet is only a host and the Member shall ensure to own the rights to publish these documents to their hosting space. The Member shall also ensure to have the consent of the persons identified or identifiable in the document.

Every document published without complying with applicable laws and regulations (in particular, those relative to the public release and to the conditions for communication and re-use as defined by the general terms of the public or private archives services which own it; or those relative to the privacy policy) or without complying with intellectual property rights own by a third-party, will be deleted by Geneanet from the moment they become aware of the irregularity. For this purpose, the Member shall cite the source of the information and documents published on the Site.

Geneanet reserves the right to enter into business partnerships with other genealogical services for data sharing and/or enhancement purposes.

It is however specified that the Geneanet database is not transferred to the servers of its partners, so that the use of the database is limited to the Users’ access to the genealogical service.

6.3. Purposes, bases of processing and length of data storage

The data processing as part of genealogical work, and in particular in the family trees and in the personal archival collections, is done by Geneanet in the public interest, and in particular for historical and scientific purposes, to provide a personalized, innovative and secure online genealogical service, and for its legitimate interests, in particular about the provision of a service allowing practice of genealogy for all.

These processes serve the following purposes:

• providing tools to the Users for creating family trees;
• hosting family trees;
• building a database of archival records allowing Members to create and complement family trees;
• genealogical data are retained by Geneanet for historical and scientific purposes (genealogy) pursuant to Article 89 of Regulation (EU) 2016/679. Their deletion is being left at the discretion of the User, who is the publisher of the data.

The personal data which can be processed in this context only are information provided by the Member as follow:

• last name,
• first name,
• gender,
• date and place of birth,
• date and place of marriage,
• age,
• photographies,
• archival documents linked to the person,
• parents, spouses, children (family tree),
• free comment from the family tree owner.

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7. Service ‘Genealogical Will’

By default, the data and work of members that is online at the time of their death will remain online. However, Geneanet offers its members, in the event of death, the facility to declare their wishes concerning the future of their genealogical tree and associated documents.

In order to declare their wishes in the event of their death, members can complete the relevant sections found on the page ‘My Genealogical Profile/Genealogical Will’. Furthermore, the member can write a message for the attention of their heir(s). Geneanet will hold this message exclusively for use in the event a member dies. The message will be sent to the relevant heir(s) on their request.

Every member can also choose to leave their data and research online in the event of their death. This will is binding to Geneanet (without prejudice to the provisions of current articles concerning the assumed total cessation of the service) and for information purposes of the heir(s), in addition to the legal dispositions laid out below.

Conforming to article 40 of the French Data Protection Act dated 6 January 1978, following the death of a member, his/her heir(s) may, subject to proof of identity and inheritance rights, demand that the death is recorded and updated in the personal data of the member (under article 2 of the French Data Protection Act dated 6 January 1978). Conforming to the law, heir(s) may not demand the deletion of the genealogical data, or associated documents of the deceased member.

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8. Member data ownership and non-commercialisation

Genealogical data remains the integral property of members who publish it on Geneanet, with the exception of image indexes provided by Geneanet, which remains Geneanet property.

The storage of genealogical date under the Creative Commons license ‘CC BY-NC-SA 2.0 FR’ (http://www.creativecommons.org/licenses/by-nc-sa/2.0/fr/) does not alter its ownership but does allow the reuse of this data by all Geneanet members.

In the case of a member’s account being closed, certain data, particularly that published under Creative Commons license by the respective member, will remain accessible on Geneanet such as old postcards, photos of tombs and monuments, family crests and records.

ONLY Geneanet may exploit the totality of genealogical data for the following purposes:

• optimising the navigation of the Site;
• developing genealogical work tools such as ‘alerts’ i.e. emails to members concerning new information available on the Site;
• the personalisation of information displayed to members during use of the Site;
• the creation of emails by Geneanet

Geneanet undertakes to not sell any information stored by its members via the sharing services, as defined by article 6 of the current General Terms and Conditions of Use.

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9. Rights to Access, Modify and Delete Data

9.1. Personal Data

During registration, all personal information linked to a user allows Geneanet to individually manage its users, thus offering a targeted service relative to the needs of each individual member.

A member can easily access their personal data by locating their username in the top right corner of the webpage and clicking. This tab will take the user to their account where they can view and modify all personal information, less the username.

Members commit to maintain up-to-date personal data and contact details.

Users give their express consent to Geneanet to use their personal data in compliance with the legal obligations.

The use of a user’s personal data by Geneanet cannot under any circumstances lead to any form of remuneration, rights or benefits to the user.

Geneanet reserves the right to provide a user’s personal details if demanded by a state authority, notably a judicial authority or at the request of a law enforcement agency. Geneanet reserves the right to provide the data, if required to do so, to safeguard its legal position in the event of a judicial process.

In application of personal data legislation, each member has the right of opposition, the right of access and the right to rectify the data concerning them. It follows that a member can demand that their data is rectified, completed, clarified, updated and/or deleted if that data is inaccurate, incomplete, equivocal, out-of-date, or whose collection or use, communication or retention, is forbidden.

Exercising the right of opposition, the right of access and the right to rectify data:

Every member may exercise, at anytime, the rights listed above and modify or delete relevant information.

Members have access to all tools necessary to:

• update relevant information including postal and electronic address;
• modify subscriptions and level of communication support provided by Geneanet i.e. information letters, email alerts, etc.;
• delete all or part of their account.

To modify information that the member is not able to amend or delete themselves requires an application to be sent to Geneanet by email at cgu@geneanet.org, including relevant details and proof of identity.

During the closing of an account for whatever reason, certain personal data may be confidentially stored for future statistical use inline with Geneanet declaration n° 695885 to the CNIL. This data can be held for a duration fixed by Geneanet but not exceeding the duration prescribed in accordance with article 2262 of the Civil Code.

9.2. Genealogical data

Exercising the right of opposition, the right of access and the right to rectify the data published on the Site:

All members may directly, at anytime, modify or delete all or part of the data published online by them.

Where this genealogical information concerns a third-party, the member, provided he is the source of the online information, has the right to modify or delete this information.

Any third-party may demand the withdrawal of information relating to them, or to any person for which they have parental authority, including spouse and children, which is found in a Member’s family tree, according to the Article 15 and subsequent of the Legislation (EU) 2016/679. At first time, the request must be sent to to owner of the family tree.

The member undertakes to diligently reply to all demands to modify or delete data and action as appropriate as soon as possible.

If a demand is refused, or if the modification or deletion demanded is not completed within an acceptable time delay, the third-party concerned is requested to inform Geneanet by email (abuse@geneanet.org) including a copy of the original demand, the reply from the Member and proof of identity.

In the event that the modification request of the third-party is assessed as legitimate, Geneanet reserve the right to, 48 hours after the member concerned has been formally notified, delete the account without redress on the part of the Member.

9.3. Electronic Identification Data

REMINDER: Electronic identification data ‘editor’ is critical for the use of Geneanet.

Each web browser allows access to all cookies found on a computer and to accept specific or general cookies. Each user is responsible for the management of cookies at their convenience.

Cookies used by the Site are as follow:

Cookies Geneanet

• cookie allowing the identification of the Member;
• cookie allowing the Member to stay logged in to the Site;
• cookie for the service “Online family tree”;
• cookies from the ABTest versions applying to the User;
• cookie containing the number of pages viewed by a not logged in user;
• cookie containing the language of the User;
• cookie allowing to adapt the screen mode of the User;
• cookie allowing to change the screen mode depending on the context (web, mobile app);
• cookies allowing to add tags in the service “Online registers”.

Third party tools

• cookies allowing the free and open-source wiki software Mediawiki to run Geneawiki;
• cookies allowing the use of the Geneanet online shop, running with Prestashop;
• cookies allowing the use of the PhpBB forum;
• cookies allowing the use of LimeSurvey.

External services

• cookies from GoogleAnalytics;
• cookies allowing the connection through “Facebook connect”;
• cookies allowing “AdThis” to add sharing buttons in the social networks.

9.3.1. Electronic Identification Data ‘editor’

Geneanet uses electronic identification data to offer the best experience of its Site to its users. Accepting cookies is necessary. In order to access the best services offered on the Site, the user must ensure that their navigator is correctly configured (Internet Explorer, Chrome, Firefox etc).

Collected data is, amongst others: consulted pages, time spent on services and pages, the route of navigation through the Site etc.

This information is critical to Geneanet so that it can measure and analyse activity on each of its services and study the needs of its users. Geneanet can therefore improve the navigation experience on the Site (connection, preferences and personalised pages) and subsequently recommend to its users, contents that directly reflect their main interests, adapted services (e.g. appropriate research results) and products aligned to the users genealogical needs.

By way of an example, thanks to cookies used by Geneanet, once registered the user no longer needs to complete the connection forms to use the services, access personal information or to edit their tree (valid up until the expiration of the cookie concerned).

If the user connects to Geneanet via a mobile application, be it tablet, Smartphone or iPod, the type of equipment, the system used and the IP address are recorded in order to improve the understanding of mobile use and to suggest better applications and/or mobile services.

Social network functions (‘Like’, ‘Share’ etc.) offered on Geneanet allow the user to share their genealogical work on their Facebook, Twitter and other profiles, and can also be used to collect anonymous data. These functions available on Geneanet are governed by the privacy policy of the relevant social network provider.

If the user does not interact with these tools no data collection by these networks will occur.

9.3.2. Electronic Identification Data ‘third party’

They are used by Geneanet service providers for the tracking and the visits measurement.

Geneanet authorize many service providers to collect some information related to these needs. These service providers use their own cookies stored on the user’s computer when he’s visiting the Site.

Geneanet does not control these cookies, which are the responsibility of the companies in question.

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10. Service ‘Discussion Forum’

During the use of discussion forums, a Charter and ‘advice for posting a message’ are displayed at the start of certain forums. The Charter and advice must be read and respected prior to sending a message on the forum. Messages not conforming to the guidelines may be subject to modification, deletion and/or the exclusion of the member concerned.

The user recognises that forums are exclusively for sharing information between, and for providing genealogical assisting to, other users. Users will not use the forums for any other purposes (particularly political and religious) and will refrain from using controversial usernames or profile images and any behaviour that may be judged as damaging to the user-friendly nature of the service. The user respects Geneanet’s right to delete all messages, images and/or pseudonyms that breach this clause.

The user may not use this service for commercial gains nor in any manner that may be judged to constitute the attempt to sell products or services either directly or indirectly.

The user undertakes to not direct Internet users, directly (hyperlink) or indirectly, towards other Internet sites that may not respect applicable legislation and current Terms and Conditions of Use.

All advertising messages, special offers or sponsoring that remunerates the user in any kind at all is forbidden within the service without the prior written consent of Geneanet. In the absence of prior agreement, Geneanet exclusively has the right to publish advertising messages on the totality of the Site, including the pages of member’s trees.

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11. Service ‘Geneanet mailbox’

Geneanet provides its own messaging system to its members to allow the exchange of messages of a genealogical nature to non-commercial ends only.

All messages sent by a member to a single addressee via the Site’s internal messaging system is considered a private correspondence, for which the originator of the message is solely responsible. Geneanet cannot be held responsible for the contents of private messages between members sent as part of the internal messaging system.

In cases of abuse or hijacking of the message system (via spam aimed at canvassing, instances of insulting language, harassment or any other form of prejudicial behaviour that compromises the harmonious use of the service) Geneanet reserves the right to delete the account of an offending member 24 hours after being made aware of an abuse and its origin.

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12. User’s Liability

The user is solely responsible for all data that he provides to Geneanet and/or publishes on the Site, as well as all messages and opinions expressed on their Geneanet account, user contents, forum discussions and in any other equitable manner.

The user undertakes to ensure that this data is not likely to undermine the legitimate interests of third parties, whoever they may be. In particular, the user undertakes to respect the image rights of a third-party, the right to privacy and intellectual property rights. The user undertakes to neither defame nor insult. In more general terms, the user undertakes to not contravene legal
provision or regulations in force.

In this respect, the user guarantees Geneanet against all claims, actions and complaints based directly or indirectly on this information and/or data, which may cause any legal proceedings whatsoever to be brought against Geneanet. The user undertakes to pay all payments, whatever their nature, which may be claimed against Geneanet, or to payments which Geneanet may be ordered to pay by a Court decision, including legal fees and court expenses.

In addition, the user will indemnify Geneanet for all detrimental consequences directly or indirectly related to the use that they make of the service.

This guarantee is equally applicable to Geneanet’s partners.

In the event that Geneanet decides that a user’s account contains phrases, words, opinion or data in contravention to legal provision or regulations in force, Geneanet reserves the right to delete said phrases, words, opinion or data without warning. In this event the user has no right of recourse.

The user is responsible for all consequences, direct or indirect, of hyperlinks the user proposes for use between the Site and other websites.

The user undertakes to respect the image and reputation of Geneanet and to not make declarations and/or actions detrimental to the Geneanet. In general terms, the user will not take any action that impedes the smooth functioning of the Site.

As Geneanet is committed to provide reliable information, users are requested to cite the source of all information and data that they communicate via the Site. In no way is Geneanet able to guarantee the authenticity and/or reliability of information and data provided by a user.

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13. Geneanet’s Liabilities

13.1. Hyperlinks

The website may provide hyperlinks that give access to other websites managed and edited by a third-party, particularly within the search results of Geneanet database. Geneanet cannot be held responsible, directly or indirectly, in the event that a third-party site fails to comply with legal provisions and regulations in force, now or in the future, or for consequences of such non-compliance.

In general terms, Geneanet takes no responsibility for the actions of a third-party and requires users to make themselves aware of the terms and conditions of relevant Sites.

13.2. Characteristics of the Internet

Users acknowledge the characteristics and limits of the Internet, particularly regarding technical performance, consulting response time, examining or transferring information, the risks of interruption, and more generally, the risks inherent in any Internet connection and transmission i.e. the lack of protection for certain data against possible misuse where the risks of contamination by viruses on the network are concerned.

As a consequence, Geneanet cannot in any circumstances be held liable for any damage, directly or indirectly, resulting from these characteristics or limitations.

Connection and use of the Site, fully or partly, is the responsibility of the user.

It is the responsibility of all users to take the necessary precautions to protect their own data and/or software and equipment against any form of violation.

13.3. Site Access and Updates

Geneanet endeavours to maintain service access to the extent that is possible, 7 days a week 24 hours a day, but is bound by no obligation to do so.

Any evolution or change to the Site may require a Site update and/or temporary unavailability of the Site that in no manner is the responsibility of Geneanet.

Additionally, Geneanet reserves the right to interrupt, suspend, modify or terminate one or several Site services at anytime without warning and without justification. In this event, Geneanet cannot be held responsible in any manner.

13.4. Content of Services

By providing access to information supplied by its users, Geneanet cannot be held responsible for this information.

Geneanet cannot be held responsible for the malfunction of software downloaded nor for any damage that results from its download. The same applies to any other form of download.

The Site offers services from advertisers and partners and therefore contains data relating to their products and services. The Site also provides advice and information that may contain some inaccuracies, omissions, gaps, outdated information etc. In respect to this content, Geneanet is not responsible and does not guarantee the accuracy or completeness of this information. Geneanet cannot be responsible for the real or supposed quality of the products or services announced by these advertisers and partners on the Site.

Geneanet cannot be held responsible in the event of misuse of the service that is proved not to have respected the current conditions.

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14. Intellectual Property

The Site and all associated rights are the exclusive property of Geneanet.

All the brands, logos and other distinctive signs shown on the Site, as well as on other sites accessed through hypertext links, are the exclusive property of their owners and thus are protected by the provisions of the French Intellectual Property Code.

Any unauthorised reproduction of these brands, logos and distinguishing marks and/or signs constitutes a punishable infringement.

All texts, commentary, illustrations, data and images reproduced on the Site and those to which the Site allows access, are subject to copyright and their reproduction or non-authorised download constitutes a punishable infringement.

Geneanet is the sole owner of the rights of exploitation regarding the genealogical index database that is available on the Site. The unauthorised use of this database, fully or partly, is covered by the legal provisions that protect the interests of database providers.

The user is the sole owner of copyright for their online data provided this data qualifies as copyrightable and is therefore afforded copyright protection, within the limits of competition rights that may be claimed by a third-party.

By publishing data on the Site the user grants Geneanet, free of charge, all necessary exploitation rights to this online data, notably the rights to digitisation, internet publishing in all languages, the right of translation and adaption.

In the event that data is published on the Site for general use, particularly when it is made available for reproduction and use by other users in their own database and genealogical trees, the user publishing the data expressly concedes all non-commercial rights relevant to the use of this data, notably the rights to reproduction, adaption, translation and Internet publication in all languages.

These concessions are on a nonexclusive basis, worldwide and for legal duration of protection afforded under copyright.

The User undertakes to not duplicate, copy, extract and use any other User’s family tree or any other User’s data for non genealogical use.

The user guarantees to hold all necessary authorisations to the online publication of data for the purposes indicated above.

The user is responsible for all remuneration that may be claimed by third-parties regarding the publication of this data on the Site. The user guarantees Geneanet against all recourse, claims or action that may be brought against Geneanet by a third-party.

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15. Modification of the Site and current Terms and Conditions of Use

For the purpose of adaptation and evolution of the Site to better respond to users needs, Geneanet reserves the right to unilaterally modify, without prior notice, the different services offered on the Site as well as current General Terms and Conditions of Use. In this respect, the user cannot make a claim against Geneanet.

Modifications will be binding to visitors after their publication, at which point the new provisions are freely consultable on the Site.

If a user does not accept the modifications made, he must raise his refusal to Geneanet in writing, notably by email. As a result the user will not be able to use the area of the Site where this relevant modification applies. Geneanet reserves the right to delete access to any relevant services. If, despite a modification refusal, the user continues to use the service or services concerned, the modifications will be fully binding to him.

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16. Force majeure

Neither party shall be held liable with respect to the other for non-performance or delays in performance of any obligation arising under this contract that would be due to the conduct of the other party following the occurrence of a case of force majeure as usually recognised by jurisprudence.

Any case of force majeure suspends the obligations arising under this contract for the entire duration of its existence. However, if the existence of a case of force majeure lasts more than 30 consecutive days, either party has the automatic right to terminate this contract 15 days after the sending of a Recorded Letter notifying termination.

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17. Miscellaneous

If one or more clauses of these terms and conditions are held to be invalidated or declared such under any law, regulation, or following a final decision of a competent court, other provisions shall remain in full force and scope. The parties will agree to substitute the invalid clause with another closest in content to the disputed clause in order to preserve the balance of the contract.

The current General Terms and Conditions of Use constitute the full and sole agreement between the parties, and replaces and cancels any previous agreement.
French law will govern these conditions. Unless unlawful, all disputes related to the validity, interpretation or execution of these conditions, and where conciliation has failed, shall be submitted to the jurisdiction of the competent Paris courts. These conditions have been drawn up in French and if necessary translated into a foreign language for information purposes only. In the case of difficulty of interpretation, the French version alone shall take precedence.

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Internet users are invited to direct any questions via the services offered on the Site, particularly via the forum. Internet users can equally use email, post or fax as required, the reply being slower due to technical reason.

– By email: cgu@geneanet.org
– By phone: +(33)1 42 74 40 30
– By post: Geneanet, 165bis rue de Vaugirard, 75015 Paris, France.