Version of 31.10.2020

1. Acceptation of the Terms of Use

Welcome to RTL Luxembourg's Internet portal. The services are provided to you on the condition that you respect these terms of use (hereinafter referred to as the “Terms of Use”), which we may modify from time to time. You are therefore advised to regularly refer to the latest version of the Terms of Use, which are permanently available at the following address: https://privacy-center.rtl.lu/en#terms

In addition, the use of certain RTL Luxembourg services may require compliance with additional and specific rules or guidelines which will be indicated in a specific charter to be found on the site. These rules and guidelines are deemed to form an integral part of the Terms of Use.

It is specified that RTL Luxembourg may offer other services for which specific conditions of use must be accepted prior to any use.

2. Description of the Service

RTL Luxembourg currently provides its users with a wide range of online services including, in particular, personalised content and RTL-branded programmes available on its network of services (hereinafter collectively referred to as the “Service”).

Unless expressly provided otherwise, any new feature that enhances or augments several existing services or any new service launched by RTL will be subject to these Terms of Use.

You are aware and accept the fact that the Service is provided to you “as is” and that RTL cannot be held responsible for the opportunity, deletion or failure to store personalized user communications.

In order to use the Service, you need Internet access, either directly or through systems with access to content provided on the Internet, it being specified that any corresponding costs are your sole responsibility. In addition, you must have all the necessary equipment, including a computer, tablet or smartphone, a modem or any other connection tool, in order to ensure this connection to the Internet network. You should be aware that, in certain areas of the Service, content is reserved for adults and access thereto is therefore restricted to users aged 18 and older.

3. Obligation to register

By using the Service you agree to:

• Provide true, accurate, current and complete information about yourself as requested in the Service registration form (such information being hereinafter referred to as the “Registration Data”), and
• Maintain and regularly update the Registration Data to keep it true, accurate, current and complete. In the event that you provide false, inaccurate, out-of-date or incomplete information, RTL shall be entitled to suspend or terminate your account and refuse you access to all or part of the Service immediately and for the future.

RTL is concerned about respecting the safety and privacy of its users, particularly children and young people under the age of 16. For this reason, parents are invited to watch their children's use of Internet access and to bear in mind that the Service is designed to reach a wide audience and that as legal guardians it is the responsibility of parents to determine which Service is or is not appropriate for their child(ren) and to watch their use thereof.

4. RTL’s privacy policy

The Registration Data and possibly other information about you are subject to RTL's Privacy Policy in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

In addition, it should be noted that according to the General Data Protection Regulation, you have the right to access, modify and erase any personal data that RTL has received.

RTL makes every effort to protect your data. Your data is protected against loss, destruction, falsification or manipulation as well as against unauthorised access of any kind and/or nature.

The data collected during registration will only be passed on to the various partners if the player is among the winner(s) and has given his/her consent.

Nevertheless, RTL reserves the right to contact you if RTL needs your help and/or your testimony in the context of a television or radio report. However, your anonymity will be guaranteed in accordance with the provisions of the law on the protection of journalists' sources (“Quelleschutz”).

5. User Account, Password and Security

At the end of the registration process, you will define an account name and a password. You are solely responsible for maintaining the confidentiality of your account and password and for any actions that may be taken with your account and/or password. You commit yourself to:

• Immediately notify RTL of any unauthorized use of your account and/or password and/or any breach of security, and
• Make sure that at the end of each session you explicitly log out. RTL shall not be liable for any loss or damage arising from a breach of the obligations in this paragraph 5.

6. Users’ responsibility

You are aware that you alone, and not RTL, are responsible for viewing all information, data, texts, software, music, sounds, photographs, images, videos, messages or any other material (hereinafter collectively referred to as the “Content”).

You acknowledge that the Content has not been sent to you but that it is your own conscious and informed choice to access it. You undertake to consult this server only in a personal capacity, without involving a private company or a public body in any way whatsoever and without exploiting the Content in a commercial or non-commercial manner.

Consequently, you are aware that you alone assume full and complete responsibility if one or more of the above-mentioned commitments and declarations should prove to be incorrect.

7. Specific recommendation to international users

Given the global nature of the Internet, you agree to comply with all rules applicable in the country where you view the Content, to the behaviour of users of the network and the eligible Content. In particular, you agree to comply with the laws applicable when transferring data from Luxembourg or the country in which you reside.

8. Interdiction to resell the Service

You may not reproduce, copy, sell, resell, or exploit for any commercial purpose whatsoever any part of the Service, any use of the Service, or any right to access the Service.

9. General rules for use and storage

You acknowledge that RTL may establish general rules and limits to the use of the Service, including, but not limited to, setting a maximum number of times you may access a Service during a given period (as well as the maximum duration of each access).

You acknowledge that RTL will be free to delete any account that remains unused for a certain time period and that RTL is free to modify these general rules at any time, which is why RTL recommends that you refer to them regularly.

10. Modification of the Service

RTL reserves the right to modify, temporarily or permanently interrupt at any time all or part of the Service without having to inform you in advance. RTL cannot be held liable to you or to any third party for any modification, suspension or interruption of the Service.

11. Termination

You acknowledge that RTL has the right to terminate all or part of the access right corresponding to your password, or even to delete your account and password, as well as the right to remove or move any Content on the Service for any reason, in particular due to lack of use, or if RTL has good reason to believe that you have violated or acted contrary to the letter or spirit of these Terms of Use.

RTL may also unilaterally interrupt the provision of the Service at any time. You acknowledge that any termination of your access to the Service pursuant to the terms hereof may take place without prior notice, and you acknowledge and agree that RTL shall be entitled to deactivate or delete your account at any time and with immediate effect and/or prohibit any further access to the Services. Furthermore, you acknowledge that RTL shall not be liable to you or to any third party for any termination of your access to the Service.

12. Relationship with advertisers

Your correspondence, business relationship with advertisers or participation in promotions offered by advertisers found by or through the Service, including payment and delivery of goods or services, or any other terms, conditions, warranties or representations associated with such dealings, directly takes place between you and the advertiser.

Consequently, you acknowledge that RTL cannot be held liable for any loss or damage whatsoever arising from this relationship or, more generally, from the presence of advertisers on the Service.

13. RTL’s property right

You acknowledge and agree that the Service and any software necessarily used in connection with the Service (hereinafter referred to as “Software”) may contain confidential information that is protected by applicable intellectual property law or any other law.

You also acknowledge that you are aware that the Content included in sponsored advertising and information presented to you via the Service or by advertisers are protected by copyright, trademark, patent or other laws. Unless expressly authorised to do so by RTL or the advertiser, you undertake not to modify, rent, borrow, sell, distribute or create derivative works based in whole or in part on the Service or the Software.

RTL grants you, in a personal capacity, the non-exclusive and non-transferable right to use the Software; it being specified that you are prohibited (and that you may not grant authorisation to others) from copying, modifying, creating a derivative work, reversing the design or assembly or in any other way attempting to find the source code, selling, attributing, sub-licensing or transferring in any way whatsoever any right relating to the Software. You undertake not to modify the Software in any way or to use modified versions of the Software and in particular (without this list being exhaustive) with a view to obtaining unauthorised access to the Service. You agree not to access the Service via any interface other than the interface provided to you by RTL for this purpose.

With regard to your contributions to the RTL Forum, you grant us for the duration of the protection of the underlying intellectual property rights, the world-wide, non-exclusive, royalty-free rights to make use of all or part of these contributions, to reproduce, modify, shorten, publish, translate, distribute, disseminate, display the contributions in media such as radio and television, to make them available on demand via the Internet/world wide web, to incorporate these contributions into other works and to further assign the rights granted hereunder to third parties.

14. Guarantees

a) Your use of the Service is at your own risk. The Service is provided to you on an “as is” basis and is accessible according to its availability. RTL does not provide any express or implicit guarantee in this respect, including but not limited to guarantees relating to the quality and compatibility of the Service for a specific use and to the non-violation of the rules of use of the Service by its users.

b) RTL does not guarantee that:

• The Service will perfectly meet your expectations,
• The Service will be uninterrupted (or accessible), timely, secure or error-free,
• The results that can be obtained using the Service will be accurate and reliable,
• The quality of any products, services, information or other material obtained by you through the Service will meet your expectations, and
• Defects in the software used, if any, will be corrected.

c) Any material downloaded or otherwise obtained through the use of the Service is at your own risk.

d) No advice or information, whether oral or written, obtained by you from RTL or during the use of the Service may create guarantees not expressly provided for in this agreement.

15. Limitation of liability

You acknowledge and agree that, to the fullest extent permitted by applicable law, RTL shall not be liable for any direct or indirect damage, including but not limited to loss of profits, customers, data or any other loss of intangible assets (even if RTL has been informed of the potential for such damage) that may occur:

• From the use or, on the contrary, the impossibility of to use the Service,
• From costs that may arise as a result of the acquisition of substitute goods or services resulting from the purchase of goods or services or from transactions occurring while using the Service,
• As a result of unauthorised access to the Service by a user or modification of your own data,
• From any other issue related to the Service.

16. Notifications

Any notification may be sent to you by e-mail or by post. RTL also reserves the right to modify these Terms of Use of the Service by placing notices of changes or links to such notices directly on the Service.

17. Information relating to registered trademarks

rtl.lu; the RTL logo, the graphic presentation of the site, the games, the complementary radio and television services, as well as any other material (images, photos, texts, sounds, videos, messages, etc.) (hereinafter collectively referred to as the “RTL Trademarks”) are registered trademarks owned by RTL.

Without the express authorisation of RTL, you undertake not to use or distribute the RTL Trademarks in any way whatsoever.

18. Intellectual property rights

RTL respects third parties’ intellectual property rights and asks its users to do the same. If you have good reason to believe that your data has been used in a way that may infringe your rights as recognised by the European legislation in force, please inform RTL about intellectual property by providing us with the following information:

• The electronic or “physical” signature of the person authorised to act on behalf of the holder of the data,
• A description of the work you consider to have been violated,
• The location on the site of the material that was the subject of the dispute,
• A declaration on your honour in which you acknowledge that you are not aware that the use has been authorised by the holder or his representative,
• A declaration on honour, which may lead to penalties and prosecution for perjury, acknowledging that the information corresponding to the points listed above is accurate and that you are the rightful owner or authorised to represent him/her.

19. Right to information

If you have any questions regarding the protection or processing of your data, please consult our data protection policy or contact us at the following address: privacy@rtl.lu

20. OneSignal

RTL uses in its applications a “Push” messaging platform from OneSignal, Inc.

This platform supports the sending of short messages to applications. In this respect, the reception preferences and a unique identifier for the application itself are saved during the use of this service.

21. SMS “Premium” games

RTL draws the attention of all participants to its games to the fact that participation SMS messages may be charged at a higher rate than the rate for a regular SMS message. RTL therefore urges all participants to exercise caution and moderation in the frequency of SMS messages sent. RTL reserves the right to limit the number of SMS messages that a participant may send and/or to exclude SMS messages from any participant beyond a number of messages set by RTL in a non-discriminatory manner. Participation in such games is restricted to persons aged 16 or older.

Any person who has not won may request reimbursement of the costs of sending the participation SMS message up to a maximum of €0.50 per SMS. Only messages sent during the time when the game was running and participation was open will be taken into consideration. In order to request reimbursement, you must present yourself at RTL's head office, during office hours (working days between 09.00 and 17.00) with proof of your sending (in the elements sent from the telephone and/or the corresponding invoice identifying the SMS message(s) concerned from your mobile service provider. When refunding the costs, RTL will request the signature of a refund receipt and the deletion of the proof of sending on the telephone. No reimbursement may be made later than 15 working days after the end of the game concerned.

22. Games and contests

Employees of CLT-UFA, RTL Group, CLT-UFA International, BCE, ENEX, Media Assurances, IP as well as their direct family members (ascendants, descendants) are excluded from participation in the games and contests organised on the stations of RTL, RTL Radio Lëtzebuerg, RTL Télé Lëtzebuerg and RTL.lu.

Winnings

RTL reserves the right, within the framework of its games and actions, whether commercial or not, to replace any advertised gift with a prize of equivalent value. If RTL is unable to provide the advertised gift for any reason whatsoever, RTL cannot be held liable thereof. No consideration or financial equivalent may be claimed by the winner.

RTL or its partners will be responsible for forwarding the prizes to the winners within a period of 3 (three) months from the closing date of the games and actions.

RTL reserves the right to publish the names of the winners, without being obliged to do so.

In the event of dispatch, RTL cannot be held liable for any damage, theft or loss occurring during the delivery of the prizes.

Each prize returned after it has been sent by post, e-mail or any other form of dispatch to the winner and which is not claimed within the following month will be lost to the participant.

Likewise, any prize to be withdrawn that is not claimed by the winner within 1 (one) month will be definitively lost and this without any challenge or possible claim by the winner.

24. Photos of events on our sites

If you are in a photo published on our sites and you would like to request its deletion, please send a message to privacy@rtl.lu with your name, email address, reason and the direct address to the photo in question on our site.

After checking the admissibility of your request, our services will proceed, within a reasonable time period, to delete the photo from our site. However, we cannot guarantee that the photo in question has been included on another site or media outside of RTL products.

25. Applicable law and jurisdiction

By using our Websites, you agree that all of their content shall be exclusively governed by and interpreted in accordance with Luxembourg law. The Luxembourg courts shall have exclusive jurisdiction in the event of any dispute relating to these Sites or their use.

26. Discrepancies

These Terms of Use are published in both French and English versions. In case of discrepancies between the French and English versions, the French version prevails

Charter for users of the RTL internet portal discussion forums

The present charter contains the mandatory rules of conduct to which all participation in the RTL Forum is subject, regardless of the subject of discussion, the permanent or non-permanent or moderated or unmoderated nature of the forum(s) or chat room(s) concerned.

This Forum constitutes a single entry point to one or more discussion forums and chat rooms or other discussion and exchange applications.

These terms of use may be specified for participation in applications that are part of the Forum, such as chat rooms or blogs.

Access and registration

This Forum can be read by anyone. In order to contribute to it, you will be asked to register by entering your name or by choosing a pseudonym (if you prefer to be identified in this way to other participants) and to enter an e-mail address.

The email address you must provide must be a valid and unique email address owned by the user. A registration with a “disposable” / “temporary” email address will result in the refusal of any publication of your comments.

This registration allows :

• Other participants to acknowledge your various contributions, thus personalizing the debate without revealing your real identity,
• - any participant to contact you personally without revealing your e-mail address.

RTL reserves the right to take exclusionary measures with immediate, temporary or permanent effect with regard to any participant in the Forum or any of its applications, when, in the sole opinion of RTL, the participant breaches the rules of the Forum or reports behaviour of such a nature as to endanger the serenity of communications on the Forum or the rules governing it. RTL further reserves the right to take legal action or to join in any action to enforce the rules governing this Forum or to obtain compensation for damage caused by a breach of these rules.

Rights and obligations of the reader

Any reader of this Forum must respect the intellectual property rights as well as the personal rights of the contributors. In particular, he or she cannot reproduce and disseminate the contributions published on this Forum on other forums or other media without the consent of their contributors.

Any reader may nevertheless reproduce the content of this Forum for private consultation purposes or reproduce and disseminate short excerpts of a message, for information or research purposes, by quoting the name of this Forum and of the contributor of the message (real name or pseudonym).

He or she will not denigrate, in any other forum, the contents or contributions published on the Forum or by any of the contributors in any form whatsoever. He or she will not reveal the identity of any of the participants in the Forum and of which he or she has become aware by any means whatsoever, except at the express request of the moderator or host of the Forum or with the permission of the person concerned.

Rights and obligations of the contributor

Each contributor remains the owner of his message and the intellectual property rights attached thereto. However, should you decide to unsubscribe from the Forum for any reason whatsoever, the possible deletion of your messages is left to the sole discretion of the moderator or host of the Forum, without this discretion being interpreted as an appropriation of your messages by the moderator or host.

The comments made on this Forum are nevertheless published under the sole responsibility of their authors. As such, you must respect the laws and regulations in force and the rights of persons. For example, you must not disseminate messages that are violent, insulting, defamatory, racist, revisionist, advocating war crimes, paedophiles, calling for murder or inciting suicide, inciting discrimination or hatred or whose content would reproduce without authorization a work protected by intellectual property (e.g. press articles, message from a third party).

In this respect, neither a possible a priori or a posteriori moderation, nor the deletion of messages whatever the reason nor their modification may be interpreted as an appropriation by RTL of the terms or contents of the message(s) concerned by these measures. At no time will RTL assume any editorial responsibility with regard to the content published within the framework of the Forum.

Please ensure that the courtesy necessary for the smooth running of the debates is respected.

Moderation

This Forum is moderated a priori i.e. all messages are read before publication. A delay may therefore elapse before a message is made public.

The moderator ensures that your contribution is relevant to the topic of debate in the Forum, complies with the laws and regulations in force and allows for a constructive debate. In particular, the moderator reserves the right to refuse the publication of messages that are redundant, of an advertising or promotional nature, contrary to public order or morality, violent, racist, revisionist, advocating war crimes, insulting or rude, contrary to copyright or related rights, to the law applicable to databases, to trademark law, to image rights, to the right to privacy or which would violate any other legislative or regulatory provision in force.

Any published message remains nevertheless under the responsibility of its author.

Readers may request verification of any contentious message posted on this Forum by contacting the moderator at the following address: [comments@rtl.lu & lieserbreif@rtl.lu]. At the same address, they may inform the moderator of incidents that have occurred in the context of the Forum and which are likely to infringe or endanger the rules applicable to the part of the Forum concerned.

In view of the daily influx of reactions to the various elements published, the moderator reserves the right not to be obliged to reply to the various individual remarks that are sent.

Modification of messages

The editors reserve the right to modify and/or delete any content of a message that appears to them to be in clear contradiction with the laws and regulations in force. The modified and published message remains nevertheless always under the responsibility of its author.

Please avoid using "[...]", reserved for the editorial staff to indicate that part of the comment has been left out.

Indexing of messages

We expressly draw your attention to the fact that the contributions published in the RTL Forum are likely to be indexed by search engines and that your published contributions are therefore also likely to be indexed by these search engines and are accessible at any time on the Internet via the rtl.lu site.

Destination of collected data and archived messages

This Forum holds and keeps all data that may allow the identification of the authors of the messages and proceeds to the private archiving of the posted messages. This information may only be communicated to a judicial, administrative or police authority authorised for this purpose. RTL will cooperate with any request to this effect from the authorities, with the aim of guaranteeing the serenity of exchanges and compliance with these rules on the Forum.

The content of the messages may also, exceptionally and after anonymisation, be communicated to a scientific or university research organisation.

Nevertheless, RTL reserves the right to contact you if RTL needs your help or/and your testimony in the context of a television or radio report. However, your anonymity will be guaranteed in accordance with the provisions of the law on the protection of journalists' sources ("Quelleschutz").

Protection of personal data

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), you have the right to access, modify, rectify and delete data concerning you.

You can exercise this right by sending a message to: [privacy@rtl.lu]

Or by sending a letter to:

RTL newMedia Luxembourg
Re. : Personal data – Access
43, boulevard Pierre Frieden
L-1543 Luxembourg