Terms of reference

These Terms of References (« ToR ») are a contract between you (“You” or “User(s)”) and Reporters Sans Frontières (« RSF » or « we ») and govern your access to and use of the JTI-RSF website (the « Site »).

The most current version of these ToR can be accessed at any time at https://jti-rsf.org/en/terms-of-reference. Changes to these ToR will be notified via posting on the Site (or other written notice to you, as an email). Please read these ToR carefully before accessing and using the Site.

I. Terms

  1. Acceptance of Terms.
    By accessing and/or using the Site, and clicking on the button to indicate your consent and confirming the registration by means of a dedicated link provided by e-mail, you accept and agree to be bound by these ToR, just as if you had agreed to these ToR in writing. If you do not agree to these ToR, you cannot use the Site.
  2. Amendment of Terms.
    We may amend the ToR from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated ToR. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the ToR, as amended.
  3. Additional Terms.
    The RSF Privacy Policy is hereby incorporated by reference.

II. jti-rsf.org platform

  1. In the fight against online disinformation, the Journalism Trust Initiative (« JTI ») is a mutli-stakeholder project to develop and implement signals for trustworthiness in the information space.

    By means of standard setting under the official protocol of the European Committee for Standardization (« CEN »), a set of criteria has been proposed and agreed on in transparent, inclusive and self-regulatory process, the CEN Workshop Agreement (« CWA »). This document is published on the Site for public consultation.
  2. The public consultation is intended for all persons accessing the Site (« User(s) »). There are a number of ways to participate in the public consultation, such as:
    1. A simple MS Word document posted on the Site and entitled « Template for comments and secretariat observations » related to the core standards document to be downloaded, filled and sent via e-mail (Annex A);
    2. An interactive online tool with a sign-up function for the same purpose;
    3. An online version of the JTI questionnaire for testing and commenting on it (Annex B).
      Each User participating in the public consultation is required to sign-up by completing a registration form accessible at https://jti-rsf.org/questionnaire/index.php/759867 and creating a personal account and choose a password to log in to the site.
  3. You agree that the information you provide to RSF by signing up, by entering data and content, and at all other times will be true, accurate, current, and complete. The accuracy of the information and personal data that will be provided by Users participating in the public consultation is their sole and exclusive responsibility. As such, RSF's liability can under no circumstances be sought or engaged as a result.
  4. Your account on the Site is personal to you and you agree not to create more than one account. When you sign up, you must create a password, which is strictly personal and confidential and remains under your sole responsibility. The User agrees not to communicate his password to third parties and to take all necessary precautions to ensure its confidentiality, security and correct use, in order to prevent it from being revealed to unauthorized third parties.
  5. The access and connection to the Site is not restricted by RSF, except for minors. You must be 18 years of age or older to use this site and/or to participate to the public consultation and have legal capacity. In this respect, RSF reserves the right, in case of doubt, to verify the age of a User by asking him to produce a supporting identity document.
  6. RSF undertakes, as part of an obligation of means, to make its best efforts to ensure permanent access to the Site (24 hours a day, 7 days a week) and to ensure its proper functioning. However, RSF cannot under any circumstances be held responsible for any unavailability of its site in the event of unavailability/failure of the Internet network, force majeure or in the event of maintenance of the Site.
  7. The computer equipment used by Users (including computers, tablets, telephones, software, etc.) to access the Site is the sole responsibility of the said Users, in particular with regard to its compatibility with the use of the Site. It is also the User’s responsibility to take all appropriate measures to protect their computer equipment and software from contamination by any form of attack or virus that may be transmitted through the Site. Electronic communication costs (including telephone costs, Internet access costs, etc.) are the sole responsibility of Users.
  8. The availability of all or part of our Site may be limited based on age or other criteria as we may establish from time to time. You understand and agree we may disallow you from participation to the public consultation or may block your access at the site any time based on these criteria. You further understand that the site may not be available in every geography as governments or state entities might block it.

    THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
  9. If you are participating in the public consultation on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that Organization with the authority to bind such organization to these ToR; and agree to be bound by these ToR on behalf of such Organization.

III. Prohibited conduct

Without limiting the prohibitions and restrictions found elsewhere throughout the ToR, you agree not to:

  1. Harass, threaten, stalk, disrupt or defraud others Users, members or staff of RSF or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
  2. Act in a deceptive or fraudulent manner by, among other things, impersonating another person or participate in the public consultation for another User’s account without that person’s permission;
  3. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
  4. Misrepresent the source, identity, or content of information transmitted via your participation to the public consultation, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
  5. Upload material (e.g. virus) that is damaging to computer systems or data of RSF or Users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site;
  6. Post or send to the Site Users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
  7. Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
  8. Cause or launch any program or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
  9. Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  10. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
  11. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  12. Modify the Site in any manner or form, or use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
  13. Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
  14. Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.

RSF reserves the right to refuse or block access, remove or edit User’s contributions in its sole discretion in the above-mentioned cases.

IV. Users contributions

  1. General.
    The Site provides certain features which enable You and other Users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other Users through the Site (« Users Contributions »). When You participate in the public consultation by completing the simple MS Word document entitled « Template for comments and secretariat observations » or by using the interactive online tool for commenting (see above point II. b) a. and b.), RSF does not guarantee any anonymity or confidentiality with respect to any Users Contributions, and strongly recommends that you think carefully about what you upload to, share with or make accessible to the Site. In such cases, you understand and agree that Users Contributions may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a User of Site), including any venue, may read or have access to your User Contributions.

    However, when You participate in the public consultation by completing the JTI questionnaire (see above point II. b) c.), your Users Contributions are not intended for publication.
  2. License Grant by You to RSF on the ownership rights of Users Contributions.
    By submitting Users Contributions to RSF, You hereby grant RSF and its partners (such as, European Committee for Standardization (« CEN ») and AFNOR) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, adapt, translate, prepare derivative works, publicly display, publish, publicly perform, and otherwise exploit your User Contributions and derivatives thereof in connection with the Site and the public consultation in the process called « CEN Workshop Agreement » or « CWA » for developing and implementing signals for trustworthiness in the information space and for fighting against online disinformation.

    You agree that the assigned exploitation rights are granted free of charge worldwide and cover all languages and all forms of exploitation known at present, in particular and non-restrictively: publication, reproduction and adaptation by all means and all graphical support systems, by print, press, photocopy, microfilms, and via all magnetic, electronic and numerical support systems, memory cards, CD-ROMs, DVDs, Blu-Rays, films, photographs, slides, teledistribution, cable, satellite, web applications and on-line document servers and networks, distribution, sub-distribution, translation, derive revenue from duplication, communication to the public in total or in part, in summary or with comments, transfers of exploitation licenses to third parties.

    Should You offer intellectual contributions for which You do not personally hold the copyright, you undertake to declare this as early as possible and to name the holder of the copyright if known to You, with a view to securing the assignment of its exploitation rights to RSF.
  3. Users Contributions Representations and Warranties.
    You are solely responsible for your own Users Contributions and the consequences of posting, sharing, displaying, publishing them or otherwise making them available.

    In connection with User Contributions, you affirm, represent, and warrant that:
    1. you own, or have the necessary licenses, rights, consents, and permissions to use and authorize RSF to use all patent, trademark, copyright, or other proprietary rights in and to your Users Contributions to enable inclusion and use of your User Contributions in the manner contemplated by RSF and these ToR, and to grant the rights and license set forth above, and
    2. in connection with RSF exercise of the license rights set forth above, You do not and will not:
      1. infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      2. post any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising;
      3. violate these ToR or any applicable law or regulation, or these ToR; or
      4. require obtaining a license from or paying fees or royalties to RSF or any third party for the exercise of any rights granted to RSF in these ToR, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of RSF or third parties.
    3. Infringing or Illegal Activity.
      In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content and Users contributions submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies RSF may have at law or in equity.
  4. Infringing or Illegal Activity.
    In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content and Users contributions submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies RSF may have at law or in equity.

V. Ownership - proprietary rights of RSF

  1. The Site is owned and operated by RSF. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software, such as the interactive online tool), services, and all other elements or written documents of the Site provided by RSF (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

    All trademarks, service marks, and trade names used by us on the Site are proprietary to RSF and/or CEN. Except as expressly authorized by RSF, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials and may only access the Materials for your personal, non-commercial use.

    In the event that Materials or others documents (such as the MS word document posted for comments and Users Contributions) are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.

VI. Protection of personnal data

As part of their contractual relations, the parties shall undertake to comply with the applicable regulations on personal data processing and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 which is applicable from 25 May 2018 (hereinafter "the General Data Protection Regulation" or "GDPR").

In the context of the public consultation, RSF acts in its capacity as controller.

  1. Description of processing
    RSF is authorized by You to process your necessary personal data for providing the public consultation about the CWA.

    The nature of operations carried out on the data is to collect, record, analyze, adapt and compile it (public consultation phase), and to archive it (documentation of the standard setting process afterwards).

    The purpose of the processing is/are to be used as comments and feedback for the CWA standard development process, the public consultation.

    The personal data processed are: Name, Institution, Job-title, e-mail address, password, IP-address and related data, date of submission (sign-up, account creation, account access); comments texts and answers in the questionnaire.

    The categories of data subjects are: identity of the person and other identification data, socio-professional data categories.

    The recipients or categories of recipients of the personal data are RSF, Afnor, CEN and Lime Flavour GbR. Your personal data are transmitted to these third-party partners with your consent.
  2. Period of storing and using of personal data
    Pursuant to Article 5e of Regulation 2016/679 of 27 April 2016, personal data are only stored in a form which enables identification for a period not to exceed the duration necessary for the purposes for which they are collected and processed.

    Per definition, the personal data, as provided by Users, are stored only during the testing phase of public consultation on the site (60 days). They might be archived and kept for documentation purposes after that date but they will be anonymized.

    By using the interactive online tool on the standard clauses (see above point II. b) b.), the personal data of Users will not be actively published but archived for documentation and transparency purposes and thus, might be accessible upon request once JTI Standard is fully developed and adopted.

    By using the online version of the JTI questionnaire (see above point II. b) c.), the provided personal data of Users will not be published but solely be used internally (by the controller) to analyse usage of the online questionnaire and the online tool and thus validate its workability.

    Also, these datasets will be deleted after completion of the public consultation and testing phase unless it is decided to keep it for further usage during the implementation phase and for subsequent publication later on. To this end, the Users will then be asked by the controller to decide to keep the personal data and the Users will be able to consent or oppose.
  3. Transfer personal data to a third country or international organization
    RSF does not transfer your personal data to a third country or international organisation. Indeed, your personal data are processed and hosted in the European Union.
  4. Exercise your rights
    All Users whose personal data is subject to processing have the ability to exercise their rights to access, rectification, delete, erase of personal data and object to the processing of their data in accordance with Articles 15 et seq of Regulation 2016/679 of 27 April 2016. Users may also exercise their right to the portability of their personal data. You have also the right to lodge a complaint with a supervisory authority.

    These rights may be exercised directly by contacting RSF which gathered the personal data and organized the public consultation. You may contact RSF in writing at the following address: (RSF, CS 90247, 75083 Paris Cedex 02, France) or by email at: jti[at]rsf.org. A response will be issued within 1 month.
  5. Security measures
    The controllers undertake to implement the following security measures:
    • the pseudonymisation and encryption of personal data,
    • the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services,
    • the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident,
    • a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
    For more information on the protection of your personal data, we invite you to consult our Privacy Policy available at: https://jti-rsf.org/en/privacy.

VII. Third-party sites and links

  1. Certain hypertext links on the Site refer to resources published by third parties and located on servers operated by third parties over which RSF does not exercise control and whose activities are not controlled, verified and/or validated by RSF. Indeed, the Site may include links to third-party web sites or services (“Linked Sites”).

    Consequently, RSF is not responsible for Linked Sites appearing on sites published by Linked Sites and directing to the Site. RSF makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites.

    ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

    YOU AGREE THAT RSF WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE PRESENCE AND USE BY YOU OF SUCH LINKED SITES ON THE SITE.

VIII. Illegal content

The User has the possibility of notifying RSF of a complaint or objection relating to illegal elements or content present on the Site by post or by e-mail at the following addresses: jti[at]rsf.org or RSF, (CS 90247, 75083 Paris Cedex 02, France). This complaint must include all the elements justifying the unlawful nature of the content in question.

IX. Miscellanous

  1. Severability.
    If any provision of these ToR shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these ToR and will not affect the validity and enforceability of any remaining provisions.
  2. Entire Agreement.
    These ToR (including the documents referred to herein), as each may be amended as set forth herein, is the entire agreement between you and RSF relating to the subject matter herein.
  3. Waiver.
    A provision of these ToR may be waived only by a written instrument executed by the party entitled to the benefit of such provision.

    The failure of any party at any time to require performance of any provision of these ToR will in no manner affect such party’s right at a later time to enforce the same.

    A waiver of any breach of any provision of these ToR will not be construed as a continuing waiver of other breaches of the same or other provisions of these ToR. Further, in the event we choose to grant an exception to these ToR, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.

X. Dispute resolution / Choice of law / Juridiction

In the event of a dispute, we strongly encourage you to first contact us directly to seek a resolution. You must first contact by e-mail (dpo[at]rsf.org) or post to RSF (CS 90247, 75083 Paris Cedex 02, France).

In the event of failure of the request for complaint to the dpo[at]rsf.org or in the absence of a response from this service within two months, you may submit the dispute relating to these Terms to a mediator which will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. You and RSF remain free to accept or refuse the use of mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.

These Terms shall be governed in all respects by the laws of France, without regard to conflict of law provisions. You agree that any claim or dispute you may have against RSF must be resolved by a court located in France, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within France for the purpose of litigating all such claims or disputes.

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