Terms of Use – CBC/Radio-Canada Digital Services

Last revised: February 2017

Summary of changes:

In our most recent update to these terms of use, we’ve updated how we use your personal information (see section 6: Personal Information). We now use your information to personalize your digital experiences. When you sign in to our platforms, we store your information to offer things like improved search, newsletters, commenting content recommendations and more relevant ads.

CBC uses your IP address to show you local news, weather and sports content. We also collect aggregate data that’s used to evaluate the performance of our digital platforms and to optimize your online experience

1. Welcome to CBC/Radio-Canada's Digital Services

By using any of CBC/Radio-Canada’s digital services including various Apps, console platforms and sites such as cbc.ca, cbcmusic.ca, cbcnews.ca, cbcsports.ca, cbcbooks.ca, Radio-Canada.ca, icimusique.ca, tou.tv, ici.exploratv.ca, curio.ca, you agree to comply with these terms of use, the Submission Guidelines as well as all applicable laws. These terms of use may be amended from time to time, so please come back to review them periodically: THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THE CANADIAN BROADCASTING CORPORATION (CBC/Radio-Canada).

In accordance with our mandate as the public broadcaster, CBC/Radio-Canada allows you to access a variety of public-interest content, for your information and entertainment. It also makes available a digital public space for sharing ideas, comments and creations, and for participating in the community through interactive activities.

CBC/Radio-Canada is responsible for the content of its own productions and those it commissions. CBC/Radio-Canada must honour the agreements it has with its partners, and the collective agreements with its artists and collaborators. To that end, no publication, reproduction or communication of such content to the public is authorized except in the specific cases set out in the federal Copyright Act, upon granting of a licence by CBC/Radio-Canada, or upon granting of clear permission for a particular subject or activity.

You
When you interact with CBC/Radio-Canada digital services, you are responsible for the content you contribute by any means, whether through comments, in discussion forums or in programming-related activities, such as contests, interactive activities and also including using third-party social media. You must follow the Submission Guidelines and you must hold all of the required rights and authorizations to the content of your submissions, and you grant to CBC/Radio-Canada a licence to reproduce and broadcast it.

Commenting

Specific terms apply to sites allowing discussion, including the requirement to register beforehand. The information gathered ensures transparency in public debate and accountability of participants. Information may also be used for statistical and informational analyses and public opinion trend monitoring, among other things.

If you access CBC/Radio-Canada digital services through third-parties’ platforms such as Facebook, Twitter or others, their terms of use apply in addition to the one of CBC/Radio-Canada.

2. CBC/Radio-Canada content

  • a) May I use CBC/Radio-Canada content?

    No, unless otherwise authorized. CBC/Radio-Canada does not allow the reproduction or public communication of content that it produces or commissions, so as to protect the credibility and integrity of content that it broadcasts and to ensure fulfilment of the agreements with its authors, artists and others partners. Your access to CBC/Radio-Canada digital services does not give you any rights to that content.

    As Canada’s public broadcaster, CBC/Radio-Canada produces content or commissions it from third parties. That content usually requires working with partners or the public and negotiating rights with media artists, news agencies, authors, musicians and performers, for the use of pictures (videos, photos, drawings) and material from third-parties; those rights are protected by law.

    To be allowed to reproduce or present certain content in public, you must first obtain a licence from CBC/Radio-Canada, unless use is permitted by law or by special notice in connection with a program or interactive activity, subject to the terms and conditions stated therein.

  • b) Do these terms of use apply to news feeds (RSS) and podcasts?

    Yes. These terms also apply to the use of CBC/Radio-Canada news feeds. Any use other than for private purposes must be subject to an agreement with CBC/Radio-Canada specifying the conditions for use with due regard for the integrity of the content. You agree not to frame the news feed or its content, nor to use similar means to generate unauthorized benefits.

  • c) May I repost content from CBC/Radio-Canada digital services?

    Yes, but only by hyperlinks or by special permission. You may place links to CBC/Radio-Canada digital pages on your own web pages or sites or on social media. You may not repost content from CBC/Radio-Canada digital services in any other way without first obtaining a licence. CBC/Radio-Canada may, at its sole discretion, intervene to remove content communicated to the public without authorization on third-party sites and take legal action to enforce its rights.

  • d) What rights do I have to software and applications made available for my use by CBC/Radio-Canada digital services?

    Only for navigating. Some web activities require the use of software or applications—e.g., digital markers including cookies—specifically developed for such purpose. When such software and applications are made available to you, you have the right to download and use them for the sole purpose as intended by CBC/Radio-Canada, but you have no other rights to reproduce, modify or adapt them for any purposes whatsoever.

  • e) Who should I address if I feel that content on CBC/Radio-Canada digital services infringes my rights (copyright, image)?

    Audience Services. You must notify Audience Services as soon as possible. Notification must contain enough detail to enable us to easily locate the content in question as well as the information needed to contact you. You must, in fact, hold the rights to the material being infringed. On receiving such notification, CBC/Radio-Canada will investigate as required and make the appropriate decisions.

  • f) Are official marks, trademarks, logos and identifications of media and programs on CBC/Radio-Canada digital services protected?

    Yes, all of them are legally protected and you need prior written permission to use them.

3. My submissions to CBC/Radio-Canada digital services

  • a) What must I do to be allowed to participate in the CBC/Radio-Canada digital communities?

    Register and assume responsibility for what you submit. To participate in discussions on CBC/Radio-Canada digital communities and some other programming-related activities, you may need to register. Registration insures accountability from community participants, allows CBC/Radio-Canada to communicate with you when required and facilitates the application of CBC/Radio-Canada’s internal policies.

    Your registration information must be accurate and you are required to keep this information up to date. To post submissions, you may need a password, which belongs to you and for which you alone are responsible. CBC/Radio-Canada retains the right to delete, ban or block your account, in its sole discretion, if you do not adhere to these Terms of Use or in case of legal infringement.

    The information and the content of your submissions may from time to time be hosted on third-party servers under contract agreements with CBC/Radio-Canada that guarantee the respect of CBC/Radio-Canada’s internal policies, in Canada or elsewhere, in which case foreign legislation may apply.

  • b) What conditions apply if I wish to take part in activities related to general programming, contests or interactive content on CBC/Radio-Canada digital services?

    You are responsible for ensuring the legality of what you post. You alone are responsible for what you share with the public on CBC/Radio-Canada digital services and the legality of your submissions, including privacy rights, image rights, reputation, copyright and other rights of third parties. You must obtain all required authorization from any third party when needed. By participating, you declare that you have retained all required rights for your submissions.

    You must also obtain all required parental authorizations if you are minor in your province or territory of residence or if your submissions involve minors.

    Moreover, each interactive activity or contest on CBC/Radio-Canada digital services may have its own specific rules to follow, in addition to these Terms of Use. You must refer to the specific activity or contest webpage for those specifics.

  • c) Will CBC/Radio-Canada review my communications before making them accessible to the public?

    Sometimes. CBC/Radio-Canada may review your submission before or after it is posted online, especially when it concerns a highly sensitive subject, has potentially illegal content or does not follow these Terms of Use or the Submission Guidelines. This moderation is not to be considered to be editing your submission. Such measures are essentially preventive and in no way diminish your responsibility. Your submission represents your views and opinions only, not those of CBC/Radio-Canada.

    CBC/Radio-Canada may modify or edit your submission for a better understanding or for technical reasons, but not for content or meaning.

    CBC/Radio-Canada may revoke your permission to comment on matters of public interest if your registration contains false or incomplete information or if you do not comply with these Terms of Use or Submission Guidelines.

  • d) What rights does CBC/Radio-Canada have in my posts on CBC/Radio-Canada digital services ?

    Reproduction and distribution. When you post content (texts, images, sounds, etc.) to CBC/Radio-Canada digital services, you grant to CBC/Radio-Canada a royalty-free, irrevocable, perpetual, non-exclusive (unless otherwise indicated in specific terms), worldwide licence to publish, reproduce and distribute by any means of communication controlled or authorized by CBC/Radio-Canada, including social media.

    You keep the copyright in your submission. Any exceptions to this general rule will be specified on a case-by-case basis.

    You waive all moral rights in your submissions and allow CBC/Radio-Canada to modify it to facilitate understanding and to identify you as the author. CBC/Radio-Canada is under no obligation to publish your submissions or to keep them accessible; such decisions are at its sole discretion.

    If your submission includes your or someone else’s image or voice, you grant CBC/Radio-Canada irrevocable permission to broadcast it by any means of communication controlled or authorized by CBC/Radio-Canada. You give CBC/Radio-Canada permission to publish your full name and city in any form or platform in connection with your submission. Similarly, you give CBC/Radio-Canada permission to contact you for follow-up in connection with anything you submit to CBC/Radio-Canada digital services.

  • e) Can content that I post to CBC/Radio-Canada digital services be removed?

    In specific circumstances. CBC/Radio-Canada does not remove submissions once they have been posted, except for legal reasons, in particular circumstances or if the content is no longer a priority or relevant and in any case, at its sole discretion. This is out of respect for the historical integrity of CBC/Radio-Canada communications and to facilitate understanding of prior or subsequent submissions.

    CBC/Radio-Canada reserves the right to remove a submission, for example to protect the rights of third parties involved. Content posted on CBC/Radio-Canada digital services will be kept as long as required by law or by CBC/Radio-Canada policies.

    Content received but not posted on CBC/Radio-Canada digital services may be erased.

4. Conducting business on CBC/Radio-Canada digital services

  • a) May I use CBC/Radio-Canada digital services for business or commercial purposes?

    Only if specifically authorized by CBC/Radio-Canada. You may not use any CBC/Radio-Canada digital services for business or commercial purposes without prior written permission. You may, however, provide a link to a CBC/Radio-Canada digital page; this will ensure full, unmodified communication of content and respect the rights of any third parties involved.

  • b) Who owns the content of the business partners on CBC/Radio-Canada digital services?

    The business partners. CBC/Radio-Canada may make Web pages available to its business partners. In such case, the partner is solely responsible for the content of those Web pages. Making such pages available shall in no case be construed as endorsement by CBC/Radio-Canada of the partner’s goods or services. The same is true of advertising posted on CBC/Radio-Canada digital services. Content supplied by business partners belongs to them.

  • c) May I use content on CBC/Radio-Canada digital services for institutional, educational or non-profit purposes?

    Yes, with a proper licence by CBC/Radio-Canada or as permitted by law. You may not use content on CBC/Radio-Canada digital services for institutional, educational or non-profit purposes without a prior written licence. A licence will set out authorized uses, term and territory among other relevant conditions. To know more about our educational content, please visit curio.ca

  • d) Are there conditions applying to online shopping on CBC/Radio-Canada digital services?

    See the terms of use. You must consult the terms applicable to online business transactions with the CBC/Radio-Canada Shop directly on their Web page.

5. Liability

  • a) What is CBC/Radio-Canada’s liability with respect to CBC/Radio-Canada digital services?

    No warranty with regard to content or operation. CBC/Radio-Canada’s mandate is to inform, enlighten and entertain. Content provided on CBC/Radio-Canada digital services is not intended to replace professional advice when required, in any field whatsoever.

    CBC/Radio-Canada offers no warranty with regard to the content or operation of CBC/Radio-Canada digital services and assumes no responsibility for any interruption, whether intentional or not, in putting its programming, various services and submissions from the public online. CBC/Radio-Canada neither assumes responsibility for nor offers any warranty concerning the security of any communications or unauthorized interception by third parties and wireless (wifi) services in its buildings, for any damage whatsoever, regardless of its nature or value.

  • b) What is my liability with respect to the use of CBC/Radio-Canada digital services?

    You must not hinder operations; must comply with the terms of use. Besides your responsibility for the content, your submissions to CBC/Radio-Canada digital services may not, under any circumstance, have the effect of hindering or preventing other users from using CBC/Radio-Canada digital services, nor modifying its operation or its effectiveness by any means whatsoever.

    You may neither use CBC/Radio-Canada digital services other than for private purposes, unless otherwise authorized under specific agreements with CBC/Radio-Canada, nor may you use CBC/Radio-Canada digital services for any illegal purpose.

    You are liable for any damage arising from not complying with these Terms of Use, Submission Guidelinesor with any other law or regulation applicable to your submissions. If your submissions to CBC/Radio-Canada digital services require a name and a password, you are responsible for ensuring their confidentiality.

  • c) Are the rights in software, applications and other tools to facilitate communications protected?

    Yes. The rights in those tools belong to CBC/Radio-Canada or to third parties. No other use except navigating CBC/Radio-Canada digital services is authorized without the prior consent of the rights holder.

6. Personal Information

  • a) Does CBC/Radio-Canada protect the personal information collected when I use CBC/Radio-Canada digital services?

    Yes. CBC/Radio-Canada applies strict measures to protect the personal information that it collects. All personal information collected is governed by the federal Privacy Act and by CBC/Radio-Canada’s Personal Information policy. This protection may, however, be revoked should the legality of your communications be in question.

  • b) Does CBC/Radio-Canada use tools such as web analytics software, data management platforms, customer relationship management, or advertising targeting technology?

    Yes. Most of this data is aggregated and used for statistical analysis purposes. CBC/Radio-Canada collects information using digital markers and analyzes data to evaluate the performance of its digital platforms and to optimize the online experience. This data is used for research, planning and reporting purposes. It is also used to provide an enhanced experience - Allowing CBC/Radio-Canada to make better recommendations, serve more relevant ads, helping CBC/Radio-Canada make more content that is relevant for you.

    It may also be used by software to personalize digital experiences for you, such as improved search, newsletters, and recommendations.

    CBC/Radio-Canada may work with third-party providers for web analytics, in which circumstances it requires that IP address be depersonalized. CBC/Radio-Canada may work with third-party providers for Single Sign On which will require IP addresses, email, and device fingerprinting information to be shared across multiple third parties. In such case, CBC/Radio-Canada requires, through appropriate contract clauses, that any data so collected not be used for any other purpose without the Corporation’s prior written consent and that the third party provide a level of protection equivalent to the one used by CBC/Radio-Canada to protect its own information as per its Personal Information and Privacy Protection policy.

  • c) What security protocols are used when I use social media?

    Those of CBC/Radio-Canada and the social media platforms, as the case may be. CBC/Radio-Canada’s use of social media constitutes an extension of its digital presence. Social media accounts (Facebook, Twitter, etc.) are public and not hosted on CBC/Radio-Canada servers. Users who interact with CBC/Radio-Canada through social media platforms must refer to the conditions of service and privacy policies of these third-party service providers.

    Personal information that you provide to CBC/Radio-Canada through social media accounts is collected in order to capture conversations between you and CBC/Radio-Canada. It may be used for inquiry response, statistical measurement and reporting purposes.

  • d) Does CBC/Radio-Canada use information for personalization?

    Yes. Some systems do require you to be in a signed-in, authenticated state with the CBC/Radio-Canada. This authenticated data is used to personalize your experience. Some systems store anonymous information about what you are looking at on our sites so we can more accurately target content and advertising for you.

  • e) Does CBC/Radio-Canada share any data with Numeris?

    Yes. CBC/Radio-Canada will participate in the joining of digital data with set top box data in the effort to understand how content is watched online and offline.

  • f) Does CBC/Radio-Canada use my location data?

    Yes. In several ways. In order to send you relevant alerts, by signing up, you agree that we use the GPS location reported by your device. We will also determine which local region is closest to you (based on your IP addresses’ geographic location or mobile device’s location), to serve weather, news, and sports that is likely most relevant. We will also use this data to further personalize and localize content. Additionally, multiple technologies use aspects of network connection to estimate where you are, which is used for ad targeting, reporting and statistical purposes.

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