ORCHISAUVAGE
General conditions of use
Only the French version is legally binding
(Version I.4 – November 2013)
Introduction
ORCHISAUVAGE is a project developed by the French Orchid Society Société Française d’Orchidophilie (SFO). Its aims include improving the knowledge of environment and enabling better protection of biodiversity by developing appropriate research. The central element of the SFO’s work is the provision of an interactive website (http://www.orchisauvage.fr) for the use of individual observers, naturalists’ associations and other organisations.
The aim of the site is to collect naturalists’ observations of wild orchids in mainland France, including Corsica, and reproduce the main elements of their findings, firstly for the use of registered users of the site, but also for a much wider audience. Each registered user is free to choose whether the information they give about their entries will be made public or not, and to decide what use may be made of it.
Within the context of the national approach, the SFO is taking the lead, together with the existing network of regional SFOs, in creating a wider network for a variety of projects, including an atlas of the wild orchids of France, other cartographic projects, and making a contribution to developing the national ‘red list’ of endangered orchid species together with other concerned people and organisations. The SFO also has a mission to inspire a national network of volunteer observers and to develop appropriate partnerships for collecting information about French orchids.
The SFO provides the general administration of the site, in accordance with decisions made by Gadpro (Orchisauvage), a technical committee that brings together the SFO Project Coordinator and representatives of other interested organisations.
Observations given to the site by naturalists are managed by the site administrator and a number of national and regional referees (between 5 and 10 according to need and competences) who are members of the technical committee and represent the diversity of orchid societies and involved naturalists.
● List of regional orchid societies and organisations federated to the SFO on 1 July 2015 (subject to change):
o SFO Aquitaine
o SFO Auvergne
o SFO Bourgogne
o SFO Bretagne
o SFO Centre Loire
o SFO Île-de-France
o SFO Languedoc
o SFO Lorraine-Alsace
o SFO Normandie
o SFO PACA
o SFO Poitou-Charentes-Vendée
o SFO Pyrénées-Est
o SFO Rhône-Alpes
o SFO Section Nord
o SFO Strasbourg AROS
● Telabotanica
● Other organisations, associations, and conservatories are planning to integrate with the participants and contributors to the site
The administrator and others using the site have a particular responsibility to scrupulously honour and behave in accordance with the conventions described in this document.
The purpose of the document, the CGU - General Conditions of Use for the Orchisauvage site, is to describe the principles and conventions of management that guarantee that the tecords shared by registered users will only be used in ways that they have agreed to.
Definitions
Member: a registered member of ORCHISAUVAGE
Authora member who entrusts the management of their orchid data to Orchisauvage
The public area of ORCHISAUVAGE: the public pages of the website http://www.orchisauvage.fr, as well as, by extension, all equivalent reproduction, either electronic or in another form.
Orchid data: a collection of information, comprising, as a minimum:
● the date and place of the observation, or range of samples,
● the scientific name of the species
● the total number of plants observed
● the name of the observer, or the publication from which is originated the observation
You may also add
● observer’s remarks
● details of the stage of development of the plants observed
● various other pieces of information
● a photograph
For the public area of the site, this information is automatically completed by
● the name of the legal entity (for those observations produced by a member or a sympathizer of this organisation ).
● The name of the department or town where the observation was made
● the degree of rarity of the species observed
It is the whole of this joint effort, at the time of data capture and recording, that constitutes what we call ‘orchid data’ throughout this document and that observers are able to deposit in ORCHISAUVAGE.
At present, orchid data is accessible to visitors to the public area of ORCHISAUVAGE website. A second, more detailed, private area is accessible only to data providers and administrators, and there is a third area, accessible only to people with administrative rights in the context of validation and general management of entries and the website.
Personal data: any information supplied at the time of entry and possibly revised afterwards, allowing to get in touch with a participant that could become the subject of subsequent management questions.
Hidden data: orchid data not visible on the site. They may be nevertheless used for global analysis or synthesis in accordance with the requested confidentiality of the raw data
Article 1: Registration and cancelation
Registration on the OS website is free and immediately validated. It implies the acceptance on the general conditions of using including modalities of use.
A registrated user may ask at any time for the cancelation of its registration on the OS website. Cancellation will occur within the 30 following days at reception of the request, formulated by a letter with an acknowledgement of receipt addressed to the SFO..
During the registration, the user must give information and some personal data. He can also personalize its website session.
Information of the registration form also allow to link the name of the user to a legal entity (wildlife association or other partner to local project). By choosing one of the proposed legal entities, the user gives a level of exclusivity related to the use of the observations he shares.
At 1st November 2013, the national and regional SFO only can be chosen as legal entities organized as a federation. According to its goals, the SFO develops partnerships and integrates other wildlife societies and academies or structures involved in the management of natural areas.
The participant who does not wish to be associated to a legal entity, accepts that his observations could be used by the whole of present and future partners.
It is possible to have a specific choice to allow each or all regional SFO to use your observations in the frame of their activities. Indeed, this choice gives access to one or all regional SFO to your observations made out of the region of your chosen regional FSO. Such a choice is appreciated if you want all regional SFO to use your observations in the frame of their activities.
Article 2: Intellectual property, rights of access and modification
The information system use dis an interactive web system developed by BIOLVISION SARL. The SFO produced the ORCHISAUVAGE database since it decided to put at disposal the database on line and it engaged the corresponding financial support. The constitution, validation and presentation of the database content is developed thanks to financial, material and human resource investments.
Data entered on the OS website are not protectable by laws related to the intellectual property (copyright). Nevertheless, the SFO acknowledges to the contributors a moral right « ad hoc » similar to moral prerogatives related to copyright. Each registrated observer keeps indefinitely the using right as well as the modification and suppression of his wildlife and personal data, according to the French law "Information Technology and Liberties”. This right allows him to manage his data as he thinks best (in the technical frame allowed by the website).
None other than the registrated observer, s allowed to modify or to cancel the data from one author, except in exceptional administrative cases described below. In major cases, modifications of data will be limited to its part dedicated to management. For visitors, the only visible part of the data will consist in a label of this data given in the margin (see also validation of data).
Each registrated observer has a direct access to his personal data for every modification or suppression, according to rules of the French law"Information Technology and Liberties” law..
Les données naturalistes transmises par les inscrits au nom d’une structure partenaire du projet ORCHISAUVAGE (voir aussi Personne morale) sont la propriété de cette même structure. Les partenaires consentent un droit d’usage à la SFO, gestionnaire de la base ORCHISAUVAGE. Les représentations de ces données (listes agrégées, tableaux, graphiques, cartes) élaborées grâce à l’outil ORCHISAUVAGE sont la propriété de la SFO.
Data transmitted by registrated people on behalf of an organization partnership from an Orchisauvage project (see also “Legal Person”) are the property of this structure. The partners agree with a using right to the SFO, the administrator of the Orchisauvage database. Representations of these data (list, tables, figures, maps….) elaborated by Orchisauvage are the property of the SFO.
Article 3 : Ethics and quality of orchid data
The DFO proposed an « orchid watcher charter” to be applied by all contributors. It can be downloaded from the Orchisauvage website in the chapter dedicated to the SFO
The author guarantees that the orchid data shared in the database result from factual observations. Integration of fictitious data may lead to sanctions as foreseen in the last articles of the present document. The author has the possibility to enter second hand data providing that he clearly indicates and gets the agreement of their main author, but the use of this possibility has to avoided as much as possible..
The author commits himself to describe as completely and exactly as possible the orchid data he enters in the database. If imprecisions remain, the author fills the field “remark” during the data capture.
The author guarantees, by sharing data in Orchisauvage database
● That he did not give at an exclusive right all or a part of the right of ownership on this data
● In the case the data derives from a work, that he respected, respects and will respect the right of the author intellectual property on the initial work (in particular that the data origin is duly mentioned).
● That the data does not constitute any forgery of a preexisting work, nor a fraudulent resumption of data from others.
● That the data and the way to get it are in accordance with laws, rules, and other current texts
● And from a general way, that the public disposal of this data in the frame of Orchisauvage does not strike a blow to third party rights, namely according to their right of intellectual property, their rights on personal data concerning them;
Notice that this is valid for all orchid data, but also for personal data, for text and attached illustrations (pictures)
On this basis, the author guarantees the SFO its federated associations and partners, against action, complaint, demand or opposition from anyone who would invoke an intellectual property right or anact of unfair competition for which the deposit of data in Orchisauvage would have been reached. In particular, the author being the only responsible for the respect of these rules, neither the SFO nor its partners would be held liable for any violation.
Putting pictures online must be subject to previous thoughts and submitted to several conditions. Some pictures will not be permitted or whished on the Orchisauvage website, namely those get through ways contrary to principles of the SFO and wildlife association members
Forbidden pictures will be suppressed by the database managers with information to the author. This concerns each picture showing or indicating manipulation of protected species without authorization, picking or destruction of species even involuntary (except any rescue operation or for illustrating threats). Pictures intruding privacy of others are also not allowed..
● Unwished pictures will be withdrawn following further discussion with the author to prevent repeats. Photos whose subject did not directly concern the species linked to the data will also be withdrawn.. GPS data must be removed before uploading pictures.
For the need of identification, such images could be directly sent to members of the Orchisauvage validation committee
Article 4: Validation of data
In order to guarantee credibility of Orchisauvage and validity of wildlife information, a validation committee for data is constituted. Its members are in charge to find data that could be questionable and to conduct their validation. Composition of the validation committee is on the Orchisauvage website.
A data being validated is identified by an appropriated icon in the data list. His author is advised, having the possibility to correct it in the public section of this data, or to confirm or to complete his observation. The validation committee thus agrees to validate or not the data, according to complements and information given by the author. If any doubt remains, the data is not validated.
A non-validated data is not taken into account in further statistical a synthesis analysis delivered on the Orchisauvage website, including the atlas. The group of non-validated data remains however in the database for two reasons:
● first, the author continues to make it used on line as a personal data.
● It is possible that a data which is not validated at a given time, could have later a great historical value, as for example as a precursor sign of a new taxonomical characteristic, that would be confirmed later
It is important to notice that the internal validation process does not question external taxonomical position, namely what concerns the official taxonomical list validated by the MNHN.
Article 5: Restitution of data from the Orchisauvage website
Orchid data (except hidden data) are subjected to restitution as observation list during some days in the public section of the data. Following this date, they are only accessible as synthesized restitutions. Most of these synthesis are accessible to all net surfers, registrated or not. It is nevertheless understood that registration extends possibilities of consultation.
Authors can associate to their data particular confidential comments related to the threats to the species or to its ecosystem. Then the data may be hidden by the author and will not be subject to public restitution as raw data.
Furthermore, if a non-protected observation by the author reveals a sensitive information such as information about a species location that could be threatened,, the author will be informed by a member of the validation committee who will suggest him to protect the data. In case of refusal, the staff of Orchisauvage may decide to protect the observation.
Some endangered species are automatically protected at a national or local level. As previously, there will be no possibility of public restitution as raw data. The list of orchid species concerned by the limited publication is online on the Orchisauvage website.
Each author conserves indefinitively all rights of access to all its personal raw data, including species having a limited publication. So far, Orchisauvage constitutes, for all registrated people, a powerful individual managing tool for his personal orchid data, allowing him to use the online multicriteria analysis process, as well as restitution of lists or various synthesis.
Only a limited part of personal data from each author appears in the public section visible online
Article 6: Other restitutions
In order to share the orchid knowledge and to highlight information at a national scale, some synthesized data may be transmitted from the Orchisauvage website to national websites such the one of Telabotanica. In such a situation, none of the raw data will be transmitted.
In an exceptional situation, some raw data can feed national websites or be transferred to third organisms. This process can be done only with the agreement of the author and the Orchisauvage staff.
Article 7: Use, disposal and citation of the data
The whole orchid data, including the hidden ones, can be used in the frame of the SFO activities to conduct project dealing with the study and protection of orchids and its habitats.
Each association member of the SFO network (see the regional SFO list in the text) highlights orchid information from the Orchisauvage website according to its respective county. It is allowed, with respect to the SFO, to use on its behalf and for its own projects the whole entered data relative to its area or transmitted by other observers who did not choose any legal entity.
As for the SFO, each association member of the network can use authorized data in agreement with the staff of the SFO, to answer to external requests from regional or national administrations, or design offices. Depending on the project content and on its importance, the transmission of data could be free or paying, in order to allow contribution to
In case of partnership, the SFO reserves the right to associate other wildlife conservation bodies or managers of wildlife areas in the Orchisauvage project. As eligible legal entities, these structures may use the wildlife data concerning their field of expertise if they are associated or transmitted by other observers who did not choose any legal structure.
Some wildlife data could be used in the frame of agreements by people working in the field of environment. It concerns the formulation of opinion, made public, on evaluation of impacts of environmental management projects. It is accepted that they will be allowed to use these datas only in the frame of their field of working, as defined by the agreement and only if they committed themselves to not publish raw data nor to transmit them to third parties.
It is also reminded that the initial objective for the disposal of raw wildlife data is related to protection of orchids and their habitats and that the use of the knowledge acquired through Orchisauvage helps to improve the management of projects – or other good practices – that should not be harmful to conservation of the natural heritage.
At least, the Orchisauvage staff has the possibility to attribute to a registrated person a private access to raw data according to a geographic area, a group of species or a particular species in the objective to conduct synthesis work or research, and wildlife investigations. In all cases, attribution of such rights will be subjected to the following conditions:
● To mention the data origin in his communications in the way described below,
● To be himself a significant contributor on the topic of the special access request
To ensure transparency, the list of people having specific rights of access is published in the Orchisauvage website
For all other illustration or disposal of wildlife data, beside the SFO activities and its members, a written request, including by email, must be formulated and sent to the administrator of Orchisauvage (orchisauvagevisio@gmail.com). Depending on the request, the staff will rule.
When data extracted from Orchisauvage will be cited, the name of the website which host them and the date of downloading must be given, as well as the name of the author . In the case of a data given by a legal entity (organization member of the SFO or other structure partner of the project), the mention of that one will be add to the citation. For example : author(s)/SFO Languedoc in http://www.orchisauvage.fr/ (date of access)
If the use concerns data synthesis or interpretations (figures, maps, etc) developed thanks to OS, or data provided by other sources, the mention of « SFO » replace that of the legal member cited above.
Dealing with pictures transmitted or associated with the observations, each author conserves all rights of the use of these photos. Visitors or users of the website have to to contact the author before each kind of publication of a picture.
Article 8 : Management of disputes
Doubts relatives to implementation of the present document by a registrated user will be examined by the Orchisauvage staff. In a general rule, provisional measures such as labelling of all data of the offender or announcements to the whole registrated community concerning the violation are open to be taken immediately.
Dans les cas les plus alarmants, ces mesures conservatoires pourront être cumulées, voire accompagnées de la désinscription de l’utilisateur. Ses données naturalistes lui seraient alors restituées dans les meilleurs délais sous l’un des formats d’exportation qu’autorise le système.
In the most alarming cases, these provisional measures could be cumulated, or even accompanied by cancelling of the user. His wildlife data would be then return to him asap in a form proposed by the website.
These measures are for Orchisauvage internal use and do not interfere with legal proceedings to the court in the frame of offense to laws, rules and other current texts, namely in case where rights or reputation of registrated people or third person (including the SFO and associated members) involved in this situation.
Article 9 :Validity
The present document, eventually completed by appendices, is valid until its next update. The last versions of the CGU are downloadable from the Orchisauvage website
http://files.biolovision.net/www.orchisauvage.fr/userfiles/CGUORCHISAUVAGEversion1nov2013.pdf
Users will be informed of updates via website news.
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