The Websites outlined in these policies are governed by laws of the European Union and France for data privacy and copyright. Your continued visitation and enjoyment (or not) of the Websites is the legal equivalent of you having read these policies, understanding them, and accepting to be bound by them, even if you don’t read them. Odd but true.

Relevant Laws

Laws governing these Websites consist of Privacy and Copyright laws.

Privacy Laws

Rights and freedoms concerning data privacy are broadly governed by Regulation (EU) 2016/679 (commonly called ‘GDPR’) and specifically by French law n° 78-17 du 6 janvier 1978, relative à l’informatique, aux fichiers et aux libertés, which has been amended many times, most recently in relation to the GDPR.

Copyright Laws

Copyrights are governed by the European Union Copyright Directive and specifically by the French copyright law, Code de la propriété intellectuelle (a.k.a. Droit d’auteur).

In the event of infringement from someone outside of EU/France jurisdiction, courts will use the Berne Convention to determine the extent to which European laws can be applied. The extent will be one-hundred percent if an infringer’s country is a Berne signatory. Regardless, it won’t be good for the infringer.

See Copyright section.

Definitions

Definitions relevant to these legal mentions and the linked policies as a whole:

Author

The creator of the Websites and of all the intellectual Material made public on the Websites, excepted where other wise indicated. (See “Author, Owner, and Controller”/policies#controller.)

Controller

The maintainer of the Websites, and guardian of all personal data involved. (See “Author, Owner, and Controller”/policies#controller.)

Data Processing Agreement (or ‘DPA’)

An agreement between the Controller and a third-party Processor that outlines data processing services being handled by the Processor on behalf of the Controller.

Enquirer

You in context of using the contact form for these websites.

General Data Protection Regulation (or ‘GDPR’)

Regulation (EU) 2016/679, which defines a Natural Person’s data privacy rights, and the responsibilities of organizations in relation.

Internet Protocol (IP)

A numerical label (called an ‘address’) assigned to each device connected to a computer network that uses the Internet Protocol for communication. IP addresses are considered a type of ‘Digital’ Personal Data by the GDPR because it’s technically possible to determine the identity of a person via their IP address when the records of an Internet Service Provider are combined with those of a Web Host Provider.

Material

All text and visual elements (photographs, drawings, charts, maps, and so forth) used in the Websites. Visual elements are referred to as ‘Artwork’.

Owner

The Owner of all Websites. (See “Author, Owner, and Controller”/policies#controller.)

Personal Data

Any information defined by the GDPR of type ‘Classical’, ‘Digital’, or ‘Sensitive’ that can be used directly (by itself) or indirectly (combined with other sources of information) to identify You (defined as a ‘Natural Person’ in the GDPR). IP addresses are considered a ‘Digital’ indirect type.

Processor(s)

One or more third-parties that the Controller holds a DPA with.

Source

The specific location in any of the Websites for which a given part of Material is located. This would be used in relation to attribution, for example.

You (or Your, or ‘Natural Person’, as defined in the GDPR)

Any human visitor to these Websites, European Union residents or otherwise. Only EU residents have the rights defined by the GDPR, but these Websites handle data privacy the same for all visitors.

Website(s)

Any one, or all, of the websites listed under Websites Concerned. These are owned and maintained by the Controller.

Websites Concerned

Wion (wion.com)

The Controller’s personal website, and the principle website on the domain. It’s used for business, communication, documentation, and general whatnot.

Full Point (fullpoint.wion.com)

An experimental periodical for publishing long-form non-fiction.

Wood Right Almanossary (wood.wion.com)

A personal study on traditional woodworking with a lean on French history.

Content Strategy Forum (csf.wion.com)

The defunct Website of the CSF community, R.I.P., maintained as a memorial; it reflects past conferences, articles, and brand materials.

For convenience, the above Websites will share the following documents when a given Website does not provide its own:

1. the current policies
2. the contact form
3. the editorial style guide.

Author, Owner, and Controller

The Author, Owner, and Controller of the Websites is:

Name

Destry Wion

Business type

Micro-entreprise (editorial services in English)

SIRET

532 357 845 00025

Office/Phone

Private residence in France

Website

wion.com

Contact

wion.com/contact

As an auto-entrepreneur, and according to French law, the Controller does not collect EU Value-Added Tax (VAT).

Data Privacy

Your privacy is taken seriously whether or not you are a Natural Person in the European Union protected by the GDPR. The Controller follows a ‘ZERO DATA COLLECTION’ practice at these Websites. No Personal Data about You is recorded, stored, processed, or used without your knowledge and consent; and only then in the most limited manner necessary to communicate with the Controller.

Zero Data Collection

Truths about the ‘Zero Data Collection’ stance at these websites:

• No log in is required to use these Websites.
• No blog commenting system is provided.
• No third-party analytics software is employed to track your movement and behaviour like an escaped zoo animal.
• No social media scripts are embedded to monitor your movement and how you share content.
• No ad-tech is used to track you and serve you ‘personalized’ ads. No advertising of any kind is allowed on these Websites.
• No cookies (more aptly called mickeys, due to their sneaky nature) are transferred or stored on your browser for any reason.
• No entity tags (ETags) are transferred or stored on your browser either.
• No beacons are used except one in relation to the ‘last-modified’ header, which is core functionality in the content management system (CMS). (Without this, every call to the web server would reload entire web pages unnecessarily, impacting page-load performance.)
• No IP addresses are recorded in the visitor logging of the CMS. Textpattern CMS is GDPR-compliant.

Only Personal Data submitted via the contact form is collected, stored short-term, and used for communication purposes (see Email Service Provider).

Contact Data Consent

Use of the contact form is a voluntary act that automatically grants the Controller permission to use submitted data to reply to form enquiries. Personal Data you submit will include Your name and email address, plus any other Personal Data you might include in the message body.

The Controller WILL NOT:

• transfer or store your data beyond the “Email Service Provider”/policies#mail
• publicize or share your data for any reason
• sell your data for any amount of money

The Controller is bound by law to respond to data requests from legal authorities. Since these Websites collect no Personal Data, there is no data to hand over except what you may voluntarily submit via the contact form.

Processors

The Controller is currently reliant on the following Data Processors to make Websites and contact channels available.

Registrar and Web Host

O2Switch is a web host company in Clermont-Ferrand, France providing domain registration and web hosting services for the Websites.

Reason for DPA: The Processor supplies the Apache web server technology to publish the Websites online. By server design, web traffic log files (‘web access logs’ and ‘shared Apache access logs’) are generated and stored on the Apache servers. Log files record various types of non-Personal Data, but also IP addresses, considered a ‘digital’ type of Personal Data under the GDPR.

Processor’s use of data: While the Processor uses IP addresses, in general, to configure their server infrastructure (e.g. binding to ranges and ports, setting up virtual servers, and so forth), the Processor does not monitor, or otherwise use, the IP addresses of web visitors to these Websites. The server logs for the Controller’s Websites are made available for Controller use only.

Processor’s data retention schedule: Unknown at this time.

Controller’s use of data: The Controller may access server log files on a monthly to quarterly basis to monitor the possible presence of harmful user-agents (robots) visiting the Websites. If/when found, these user-agents are added to a block list. The Controller does not access the server logs for any other reason, and never uses the IP addresses for any reason either.

Change requests: Not accepted. There is no IP data collected on the part of the Controller, thus nothing to change or delete. Such requests would have to go to the Processor directly, asking to have IP addresses anonymized automatically in the log files that the Controller has access to.

[NOTICE: O2Switch does not currently provide its business-owning customers with a Data Processing Agreement (DPA), which is required by the GDPR for web hosts in the European Union. The Controller is actively looking for a new web host that is compliant with GDPR and is expected to transfer in 2023.]

Email Service Provider

ProtonMail is an email service provider in Switzerland.

Reason for DPA: The Processor supplies the email technology used in conjunction with the contact form. This technology includes an email server, an email address, and a web-based mail editor application with an integrated address book to manage emails on the server. The email service makes it possible for you to contact the Controller about potential editorial services, and other general enquiries. Mail messages necessarily include personal data defined by the GDPR, thus the need for the DPA.

Processor’s use of data: The Processor does not access or use contact data sent to the controller. (ProtonMail Privacy Policy.)

Processor’s data retention schedule: Expected to be for the life of the Controller’s account.

Controller’s use of data: The Controller uses Personal Data provided in email messages to reply to the enquiries voluntarily made. The contact data is not used for any other reason. Nor is the data transferred to a mail list, newsletter subscriber list, or any similar messaging system. Nor is the personal data received in messages transferred to any third-party, except as required by law. (See Consent section.)

Controller’s email retention schedule: Messages received from the contact form, regardless of reason, are typically deleted within 90 days if not needed for a longer period. If a business relationship is initiated with the Controller, all email correspondence related to that relationship will be kept for the duration of the relationship plus an additional 90 days, then deleted in bulk. Any messages deemed hostile, threatening, slanderous, or harmful to the Controller may be retained indefinitely for legal convenience.

Change requests: If You have sent messages to the Controller for professional reasons, You can make a ‘General enquiry’ request to have those messages deleted before the 90-day retention time is over. Such requests will be refused if the messages concern an ongoing business relationship, as defined by the retention schedule above. Requests will also be refused, again for legal convenience, if they are deemed threatening or hostile.

External Links

When external links are used, respective to a given Website, care is made to ensure they lead to reputable destinations with quality information. These links may be to other Websites on the wion.com domain, or to other domains not managed by the Controller.

To aid the accessibility and usability of these links, two features are added to them. To bring external links to the attention of screen-reading technology, rel attribute is used with an external value (i.e. rel="external"). To bring external links to the attention of human readers, a small northeast arrow terminates the link, like seen here.

The Controller is not responsible for the data-privacy practices at any external destination except other Websites on the wion.com. If You follow external links to other domains, You do so willingly and hold the Controller exempt of responsibility for any possible damages incur while visiting those external locations.

All internal links respective to a given Website, are not considered external, thus will not appear with the features described above.

Copyright

All Material in the Websites is the intellectual property (‘oeuvre de l’esprit’, or ‘work of the mind’) of the Author (Controller) and governed by the relevant Copyright Laws of the European Union (EU) and France.

Except where otherwise noted in context of a Website (i.e. csf.wion.com, using a Creative Commons license) or specific content element (e.g. visual elements from another rightful owner), and beyond what is allowed by the ‘fair dealing’ exceptions of the law, Material may not be used, reproduced, adapted, duplicated, transferred, changed, translated, distributed, transmitted, or republished, in part or in whole, including recording, photocopying, or storing in an information retrieval system, without the expressed written permission of the Author via email.

Various tools designed to locate replicated Material online are periodically used to monitor any infringement of these rights.

Exceptions of Use

French copyright law does not provide a specific doctrine for the notion of ‘fair dealing’ or ‘fair use’, as copyright laws of many other countries do. However, the French law does define, in Article L122-5, eleven exceptions to the Author’s rights, and some of these exceptions are similar to concepts of fair dealing. Following are the exceptions that would concern the Material of these Websites and most situations of interest, but not at the exclusion of the remaining exceptions (indicated by ‘. . .’):

1. 1° . . .
2. 2° ‘Copies or reproductions reserved strictly for the private use of the copier and not intended for collective use . . .’ (In other words, the copied Material can not be further duplicated and distributed beyond the copier, publicly or privately.)
3. 3° ‘On condition that the name of the Author and the Source are clearly stated’ (see Attribution), the following non-inclusive situations of use are acceptable:
   1. a) ‘analyses and short quotations [of the Material] justified by the critical, polemic, educational, scientific, or informatory nature of the work in which they are incorporated’;
   2. b) ‘press reviews’;
   3. . . .
4. 4° ‘Parody, pastiche, and caricature; observing the rules of the genre.’
5. . . .
6. 7° ‘Under the conditions provided for in [exclusions 1 and 2], reproduction and representation by legal persons and by institutions open to the public (libraries, archives, documentation centres, and multimedia cultural spaces) for the purpose of strictly personal consultation of the [Material] by persons with one or more disabilities (motor, physical, sensory, mental, cognitive, or psychological functions) and prevented, as a result of such disabilities, from accessing the [Material] in the form in which the Author makes it publicly available. Such persons who are prevented from doing so may also, for the purpose of a strictly personal consultation of the [Material], carry out, by themselves or through a Natural Person acting on their behalf, acts of reproduction and representation;’
7. . . .
8. 11° . . .

The above noted exceptions and associated sub-items, not excluding the other seven (omitted) of less relevance, shall not prejudice the normal exploitation of Material or cause undue prejudice to the legitimate interests of the Author. In other words, make sure You do not abuse the exceptions.

For example, despite the exclusion L122-5.3.a, to analyse and quote Material, there is a limit to the quantity of text one can quote before it’s still considered infringement of the intellectual property, whether or not attribution is given. Therefore it is best to quote conservatively.

Be aware the Author is protected by sundry ‘moral rights’ (Articles L121-1 to L121-9) and ‘patrimonial rights’ (Articles L122-1 to L122-12), of which the exceptions are a part. You might learn what these other rights define too, because the Author certainly has where relevant to the Websites, their nature, and their Material.

Visual Artwork

Visual artwork includes any kind of static or motion visual Material (photographs, videos, drawings, charts, maps, and so forth) that is accessible via a unique Uniform Resource Identifier, such as a URL. In these Websites, there may be visual artwork having one of three different legal standings:

1. original, copyrighted artwork of the Author;
2. copyrighted artwork of another owner for which a non-transferable license for use has been sought and granted; and
3. public-domain artwork which may be used freely without need of attribution if no attribution license was indicated at source, otherwise an attribution is always provided.

Original visual artwork of the Author is exempt from the Exceptions of Use. You must request written permission to reuse any visual Material in these Websites that is labeled ‘© Wion’. Granted, there is very little.

Permission to re-use third-party imagery should be sought from the indicated lawful owners. The Author has sought non-transferable rights-of-use licenses from artwork owners, when necessary. You must do the same thing.

No permission is necessary to re-use public-domain artwork, but any indicated public-use license should be respected in turn with an attribution.

See Citations and Attributions.

Third-Party Archives

By written request of the Controller, the Internet Archive does not archive snapshots of the Websites in the WayBack Machine, including all current and future subdomains on the origin domain (i.e. *.wion.com). Should any Material from these Websites be inadvertently archived in internet archiving systems, whether the WayBack Machine or any similar system, it does not, in any way, suggest the Author’s rights have been waived. Most likely such systems have archived Material against the Author’s intention.

Citations and Attributions

Citations and attributions are not the same thing. Each has a different role and is best used according to the license of a given piece of Material. At these Websites, Material is either text (writing) or visual artwork.

Citations for Quoted Text

Use a citation when referencing and/or quoting any copyrighted (non–public-use) Material, as allowed by exception L122-5.3.a of the French law (see Exceptions of Use). Cite the Source according to the style format needed, and include the full reference as a note (foot or end) and/or a bibliography entry.

Following are two real examples of a bibliographic entry according to the New Oxford Style Manual (notes, full and short, are slightly different, of course):

For this Policies page:

Wion, Destry, ‘Policies’, wion.com (last modified 7 June 2019), https://wion.com/policies, accessed dd Month yyyy.

For a Full Point article:

Wion, Destry, ‘Desiderata’, Full Point (28 February 2019), https://fullpoint.wion.com/desiderata, accessed dd Month yyyy.

Although the Author’s name does not appear at top of this policies page, the Author, Owner, and Controller section makes it clear who the Author is for all Websites (except articles in csf.wion.com). Further, the Author and relevant date stamps are indicated in the head metadata of a given web document, even if not shown on the surface of a general page.

Citations and Attributions for Artwork

All Visual Artwork in these Websites is copyright Wion except where otherwise indicated in context of a given element, usually in the caption. Any use of such copyrighted artwork requires the expressed written permission of the Author as a non-transferable license.

If the Author grants a non-transferable license, attribution must be given to the Author where the element is used in Your work, preferably in a visible caption. The Author will provide the specific attribution to use, including a unique license code, as proof of authenticity.

Whether or not a license is granted to reuse a visual element, any written analysis or discussion of such element should be cited and referenced as a note and/or bibliography entry. Using the Oxford style, again, here is a hypothetical example of a bibliography entry for a visual element file:

Destry Wion, ‘Title of Artwork’ [photograph], Full Point, https://fullpoint.wion.com/images/file.jpg, accessed dd Month yyyy.

Your style manual may require something different.

Changes

The Author may add, delete, re-organize, correct — in a word, change — Material on these Websites at any time, including these policies. Any such change will not alter the copyrights of the Author, nor Your privacy rights under the GDPR.