The terms defined below will have the following meanings, whether used in the singular or in the plural:
"Personal Data": pursuant to Article 4 of the General Data Protection Regulation 2016/679 (hereinafter “GDPR”): "any information relating to an identified or identifiable natural person (hereinafter "data subject"); an "identifiable natural person" is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person". Personal Data includes data enabling the identification of Users.
“User” means any person accessing the Site (e.g. visitors) and whose Personal Data may be collected.
"Terminal" means the various media by which the Site may be accessed. Terminals include smartphones, tablet computers, microcomputers via the Internet (PC or Apple) and any object that is or may be connected to another object as well as the Internet.
The purpose of these ToU is to establish the conditions for access, delivery and use of the Site, its functionality and its content by Users.
Users who refuse to comply with the ToU may not access or use the Site.
These ToU form a legally binding contract that is enforceable against Users who access, browse and use the Site in any manner whatsoever.
3. Personal Data
Eiffage Énergie Systèmes collects Personal Data concerning Users when they browse the Site.
Personal Data is collected, processed, saved and stored in accordance with the applicable legal provisions and, in particular, the French law of 6 January 1978 as amended, as well as the GDPR.
4. Intellectual Property
Eiffage Énergie Systèmes owns the domain name https://www.eiffageenergiesystemes.com.
This Site is an intellectual work: the Site and each of the elements composing it (animated or still images, illustrations, photographs, sounds, know-how, text, graphic elements, etc.), including software and databases (hereinafter the "Content") are protected by intellectual property law, in particular by copyright, design right and trademark rights.
Therefore, unless otherwise specified, the intellectual property rights to the Content are the exclusive property of Eiffage Énergie Systèmes, another company of the group to which Eiffage belongs, a third party or a partner that has granted rights of use to Eiffage Énergie Systèmes. Eiffage Énergie Systèmes does not grant any licence or sub-licence to all or part of the Content or any right other than the right to use the Site subject to these ToU.
The User acknowledges these rights and agrees to comply with them. Any use, modification, reproduction, extraction, representation or translation, in whole or in part, of the Content by any process whatsoever is strictly prohibited without the prior written agreement of Eiffage Énergie Systèmes or the holder of the protected sign.
Furthermore, any unauthorised reproduction of literary, musical, audio-visual, photographic works and, more generally, any work that may be protected by intellectual property law, accessible via the Site is prohibited, subject to civil and/or criminal penalties, in accordance with the provisions of Article L. 122-4 of the French Intellectual Property Code (Code de la propriété intellectuelle), unless such reproduction is reserved exclusively and strictly for private use.
Eiffage Énergie Systèmes, or any other holder of such rights, may take any measure or action, including legal action, to put an end to an infringement of its intellectual property rights and reserves the right to claim damages in case of such infringement.
The creation of any links to the Site, any framing of the Site and, more generally, any use of an element composing the Site is subject to the prior written authorisation of Eiffage Énergie Systèmes and may be revoked at any time at its sole discretion.
Not all sites that have a hyperlink to the Site are under Eiffage Énergie Systèmes’s control. Consequently, Eiffage Énergie Systèmes declines all responsibility (including editorial) as regards such sites.
Use of the Site is subject to the ToU in force at the time of use.
Eiffage Énergie Systèmes reserves the right to modify and update the ToU without prior notice. To be informed of any such modifications, Users are advised to review the ToU regularly.
8. User behaviour
Users agree to comply with these ToU.
Users agree to behave in accordance with all the provisions of this paragraph and in particular to:
Refrain from using a false identity for the purpose of misleading others and providing Eiffage Énergie Systèmes with false, stolen or incorrect contact details;
Refrain from harming any person via the Site;
Refrain from creating a hyperlink to the Site without Eiffage Énergie Systèmes’s prior written authorisation;
Refrain from harming Eiffage Énergie Systèmes 's reputation or that of other Users via the Site;
Refrain from disseminating content that is defamatory, insulting, obscene, offensive, violent or that incites violence, or that is of a political, racist or xenophobic nature, or that is, in general, contrary to the laws and regulations in force or to public decency;
Refrain from checking or testing the Site’s vulnerability, or breaching the security and authentication measures without authorisation;
Refrain from disrupting or interrupting the Site or the servers or networks connected to the Site, or breaching the requirements, procedures, rules or regulations of the networks connected to the Site;
Refrain from attempting to adversely affect the use of the services provided by the Site;
Refrain from disclosing personal, professional or confidential information that is unnecessary, sensitive or provided by third parties;
Refrain from processing any personal data obtained on/via or using the Site and, in particular, from any collection, any misuse or any act that may infringe the privacy or the reputation of other Users or any other natural or legal person.
Users must comply with the rules on intellectual property relating to the Site's content, whether the intellectual rights belong to Eiffage Énergie Systèmes or third parties.
At any time and for any reason whatsoever, Eiffage Énergie Systèmes may implement any means necessary to end, without prior notice, the use of the Site by the User or all or part of the services provided by the Site for any conduct in breach of these ToU, without prejudice to any damages which Eiffage Énergie Systèmes reserves the right to claim from the User in case of non-compliance with these ToU.
9. Release of liability
The User uses the Site at his/her own risk and therefore acknowledges that he/she is solely responsibility for such use. It is the User's responsibility to safeguard against the dangers of the Internet and, in particular, to take all necessary measures to protect his/her own data and/or software from contamination by viruses that could affect his/her computer or computer equipment. The User is solely responsible for the means of access to the Internet and therefore to the Site.
Eiffage Énergie Systèmes takes great care and makes every effort to disseminate high-quality, regularly updated information on the Site. However, Eiffage cannot guarantee the accuracy and completeness of all such information. Moreover, the Site may be modified and updated without prior notice.
Eiffage Énergie Systèmes selects the site links displayed on the Site carefully, but declines all responsibility for the content, legality, accuracy or operation of such sites and may not be held liable for the use thereof by users.
Eiffage Énergie Systèmes may not be held liable for errors or omissions or for the unavailability of information and services. Eiffage Énergie Systèmes is bound only by a best-efforts obligation concerning the information that it makes available to those accessing its Site. The User therefore acknowledges that he/she is solely responsible for the use of such information and for the consequences of such use.
More generally, Eiffage Énergie Systèmes may not be held liable for any direct or indirect damage that may result from accessing and using the information contained on this Site, regardless of the causes, origins, nature or consequences thereof.
Eiffage Énergie Systèmes may not be held liable for direct or indirect damage resulting from access to its Site, any interruption or removal of the Site and its services, the occurrence of bugs or any damage resulting from the fraudulent intrusion by a third party from the Site.
10. Access to the site
In cases such as, but not limited to, force majeure, computer or technical issues, problems relating to the structure of the telecommunications networks or maintenance, access to all or part of the Site may be suspended or discontinued following a decision by Eiffage Énergie Systèmes.
11. Entire agreement
In the event that one of the clauses of these ToU is null and void, particularly as a result of a change in legislation, regulation or by a court decision, this may in no way affect the validity of and compliance with the other clauses of the ToU.
12. Applicable law and competent courts
These ToU are subject to French law.