General Conditions of Use of the La French Touch site
1. Preamble
Bpifrance Investissement, a simplified joint-stock company with a single shareholder and a capital of €20.000.000, registered with the Créteil Trade and Companies Register under number 433 975 224, whose registered office is located at 27-31, avenue du Général Leclerc – 94710 Maisons-Alfort Cedex (hereinafter referred to as " Bpifrance ") publishes the website accessible at the URL address ( https://www.la-frenchtouch.fr ) (hereinafter " the Site ") in order to manage communication around La French Touch.
These General Terms and Conditions of Use (hereinafter referred to as the " Terms ") are intended to define the terms and conditions under which users of the Site may access and use it (hereinafter referred to as the " USERS " or individually the " USER ").
The Account is made available to Users free of charge, in a secure manner according to the rules of the art in force and uses Internet technologies.
2. Presentation of the site
The Site is a dedicated space whose purpose is to provide information on the French Touch.
2.1. The Site allows the User to access the functionalities described below.
2.1.1 Open part
Museum Overview
The User can find general information concerning the French Touch, in particular a presentation of the movement, which companies are concerned, or even what is the role of the French Touch.
News
The User can consult the various content available on the Site under the News & Events section, which may include interviews, forums, studies, and other content.
Support solutions
The User can have access to the support solutions offered by Bpifrance.
Membership of the movement
The User can find out about the advantages of joining the French Touch community and submit a membership request on site, which will be subject to validation.
2.1.2 Closed part
Document database
The User can consult the various content available on the Site under the Documentary section, which may include studies, downloadable documents and other content.
Communication kit
The User can download the various content available on the Site under the Communication Kit section, which may include in particular the logos, the presentation brochure, the graphic charter or even the email signature.
Business Directory
The User can consult the various information relating to the member companies of the French Touch and in particular by consulting the company sheets and member sheets as described below.
Member area
The User can consult, complete, modify his Member File and his Company File.
The "Company Sheet" functionality allows the User to enter, access and modify information relating to his company, in particular its name, description, logo, professional telephone number, location of its head office, its expertise, as well as the links to its professional social network accounts and its website.
It is up to the User to ensure the accuracy, veracity and completeness of the information provided and, if necessary, to update it.
The "Member Form" feature allows the User to enter, access and modify information relating to his activity, in particular his position, his photo, a presentation, as well as a link to his LinkedIn and Tribe account (if the User has consented to their registration on this site by Bpifrance).
2.2 Bpifrance may change the functionalities of the Site at any time, without this giving rise to any compensation for the benefit of the User.
Thus, the User is expressly informed that the provision of all or part of the functionalities is at the discretion of Bpifrance.
3. Acceptance of the T & Cs
3.1 Regarding the open section, the User declares having read the General Terms and Conditions of Use, which are accessible and available on the Site's homepage. The User agrees to comply with them at all times and in all circumstances, and to be fully aware of their obligations.
3.2 Access to and use of the restricted area of the Site are subject to acceptance of and compliance with these Terms of Use. Therefore, before accessing the restricted area of the Site, the User must read and understand the Terms of Use, which are accessible and available on the Site's homepage.
3.2.1 By checking the following box: "I acknowledge that I have read and accept the General Conditions of Use of the Site and have read the information notices relating to the processing of personal data collected and processed within the framework of this system, available in the article "Protection of personal data" of the General Conditions of Use ", the User acknowledges:
- have read them, and accept them expressly;
- respect them at all times and in all circumstances from the first use of the Site;
- be fully aware of your obligations.
3.2.2 Furthermore, by becoming a member of La French Touch, the User is also registered on Bpifrance's social network called "Tribu".
By checking the following box: “I would like to join the movement and join the French Touch community on Tribu, the Bpifrance social network. "
4. Technical terms of access and use of the Site
4.1 The User is informed that the Site is compatible with standard browsers. Consequently, the User is required to ensure that they are using a browser version that is up to date on the date of accessing the Site. Otherwise, they may encounter difficulties accessing or using the Site.
4.2 The device used by the User to access the Site must have an operating system and an Internet browser capable of working with web applications and compatible with HTML5.
4.3 The User agrees to verify that their browser and operating system configuration allows them to access and view the Site. The User is responsible for resolving any bugs affecting their browser and/or operating system. The same applies to the detection and management of any viruses that may affect their device. The User shall take all necessary measures to ensure the protection of their hardware, software, and data, in particular to prevent any contamination by a virus or other malicious computer program.
4.4 The User is informed that the Site may be interrupted or disrupted for any reason whatsoever and that Bpifrance cannot under any circumstances be held liable for such interruptions or disruptions. For any questions relating to the technical use of the Site, the support team can be contacted by mail at the following address: Bpifrance – Communication Department – Digital Team – address: 27-31 avenue du Général Leclerc 94710 Maisons-Alfort Cedex, or via the following contact form: https://www.la-frenchtouch.fr/nous-contacter/.
4.5 Terms of access and use of the Closed Part
4.5.1 Any User with access to the Internet network and the required technical equipment may access the closed section if they meet the cumulative conditions defined in this Article.
4.5.2. The User is informed that all costs related to accessing the Site, such as the costs of equipment and subscription with an Internet network access provider, and any applicable taxes, are his/her sole responsibility.
4.5.3. To access the private part, the following conditions must be met by the Users:
- Submit an application for membership and have accepted the General Conditions of Use,
- Have been accepted as a member of the community by an administrator of the Site,
- Proceed with his Authentication by entering his Username and Password on the page provided for this purpose on the Site.
4.5.4. The User acknowledges and warrants that they have sole control over the email address and password they provide, both for their French Touch membership and for accessing the private area as a User. They remain solely responsible for managing the confidentiality and security, in particular, of the password that allows them access.
The User acknowledges that it will be his responsibility to ensure, under his sole responsibility, that he will be able to receive and access the emails sent to him by Bpifrance.
4.5.5. In the event that the User is unable to enter their Password, Bpifrance provides them with a procedure allowing them to request a renewal of their Password.
4.5.6 The User receives an email with a link to the Closed Area and their login credentials. By clicking on the hyperlink, the User must enter their credentials to access the Closed Area.
4.5.7. The User will receive a second email containing their login details for Tribu, the Bpifrance social network.
5. Obligations of the User
By accessing and consulting the Site, the User refrains from:
- Any consultation and use of the Site contrary to French, European and, where applicable, international laws and regulations, or detrimental to third parties;
- Any use of the Site contrary to these General Conditions of Use, in particular by distributing content contrary to French, European and, where applicable, international laws and regulations (eg: pornographic, violent, defending offenses, etc. ) and / or defamatory, discriminatory or for any other prejudicial purpose;
- Any action that may create any prejudice to Bpifrance and / or to other Users;
- Any action that may infringe the rights of third parties;
- To harm, hinder or distort the proper functioning of the Site;
- To probe, scan, technically analyze the Site;
- To bypass the means implemented by Bpifrance in order to guarantee the security of the Site.
6. Intellectual property rights
6.1 The Site and each of its constituent elements, including but not limited to texts, photographs, trademarks, logos, sounds, music, layouts, designs and models, icons, computer codes, software, fonts and more generally, all visual or sound elements (hereinafter the " Intellectual Property Elements "), are protected by intellectual property rights held by Bpifrance or its service providers or licensed to Bpifrance by third parties.
The User consequently refrains from any act of reproduction or representation of the Intellectual Property Elements not expressly and previously authorized by Bpifrance, such reproduction and / or representation being able to constitute an act of infringement.
6.2 The User may not use the names Bpifrance, or mentioning the name Bpifrance, such as in particular Bpifrance, the trademarks, logos and all associated distinctive signs which are, as the case may be, the property of Bpifrance.
6.3 It is strictly forbidden to establish hyperlinks or to put the Site online under another URL.
7. Responsability
7.1 The User expressly acknowledges that in the event of non-compliance with these General Terms of Use, Bpifrance, or any other User, shall not be held liable. Accordingly, the User agrees to indemnify Bpifrance against all costs, expenses, or damages in the event of any claim against all or part of these Terms of Use by another User and/or a third party for any act attributable to the User.
7.2 The Site is provided "as is". Given this fact, which is acknowledged and accepted by the User, Bpifrance cannot be held liable for the User's temporary or permanent inability to access the Site or any or all of the Site's functionalities.
Bpifrance's obligation to supply is limited to an obligation of means. Bpifrance does not guarantee the durability or performance of the functionalities accessible on the Site. Bpifrance cannot be held responsible for any damage to hardware, software or data (example: viral contamination) suffered by the User as a result of his access to the Site or his consultation of the latter.
7.3 Bpifrance cannot be held liable in the event of force majeure as defined by French law and jurisprudence.
8. Protection of personal data
8.1. Bpifrance undertakes to comply with the regulations in force applicable to the processing of personal data and, in particular, the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as the "GDPR", and of Law No. 78-17 of 6 January 1978 as amended relating to information technology, files and freedoms, known as the "Data Protection Act", and any subsequent regulations (hereinafter, the " Applicable Regulations ").
8.2 Data controller, purposes and legal basis
The User's personal data are processed by Bpifrance, acting as data controller within the meaning of the GDPR to perform and manage the following operations:
- Based on its legitimate interest in allowing the User to access services related to the Site, Bpifrance collects the following User Data: company name, vertical affiliation, surname, first name, type of actor, function, email address, telephone number, via the membership form on the Site: https://la-frenchtouch.fr/rejoignez-le-mouvement-de-la-french-touch/
A free field is also offered to the User so that he can provide the following information:
- Project display
- Based on the User's consent and in order to allow the User to contact Bpifrance, at the User's request, Bpifrance collects the following User Data: User's name, first name, company name, subject of the request, via the following form: https://www.la-frenchtouch.fr/nous-contacter/.
A free field is also offered to the User so that he can provide the following information:
- Subject of the request;
- Based on the User's consent and in order to allow the User to receive, at his request, the Bpifrance newsletter, Bpifrance collects the following User Data: User's email address.
- On the basis of its legitimate interest in defending its rights and interests:
o Manage complaints and disputes relating to the execution of these General Conditions of Use, where applicable, traceability and proof of operations and due diligence carried out by the User.
8.3 Mandatory nature of Personal data
The mandatory nature of the provision of the Personal Data requested is indicated by Bpifrance by means of an asterisk on the forms for collecting such Data.
Without this Personal Data, Bpifrance will not be able to access the User's request.
8.4 Data Sources
Data is collected directly from Users from information submitted by Users in forms and the newsletter.
8.5 Data recipients
According to their respective needs, the recipients are:
- Internal employees of Bpifrance Group companies involved in the organization of the French Touch,
- Bpifrance service providers in charge of the technical management of the Site.
8.6 Data retention periods
Personal data will be kept for the legal and regulatory periods of limitation.
8.7 Data protection officer, User rights and terms of exercise
Bpifrance has appointed a Data Protection Officer whom the User can reach using the contact details which appear in this Article.
In accordance with the RGPD and the national provisions relating to data processing, files and freedoms and subject to the conditions provided for by this regulation for the exercise of these rights, the User has a right of access, a rectification, a right to erasure, as well as the right to portability of personal data.
The User also has the right to request the limitation of the processing which concerns him and the right to oppose, for reasons relating to his particular situation, the processing of his data, including profiling. Finally, the User has, in accordance with national provisions relating to data processing, files and freedoms, the right to organize the fate of his post-mortem personal data.
These rights can be exercised via our online form accessible here: https://rgpd.bpifrance.fr/fr/form/bpi/formulaire-rgpd-bpifrance
Finally, the User has the right to lodge a complaint with the National Commission for Computing and Liberties (CNIL), if he considers that the processing operations described infringe his rights.
8.8 Data transfer outside the EU
Personal Data transmitted to Bpifrance may not be transferred to a country outside the European Union or to an international organization.
9. Cookie policy
When consulting the Site, information relating to the navigation of your terminal (computer, tablet, smartphone, etc.) on our site may be saved in text files called "Cookies", installed on your terminal, under reserve your choices regarding Cookies, which you can modify at any time. Only the issuer of a cookie is likely to read or modify the information contained therein.
To learn more about how cookies work and how to use current tools to configure them, please click here.
10. Indivisibility of the general conditions of use
These General Conditions of Use constitute an inseparable contractual whole.
The User agrees that in the event of cancellation of a clause of the General Conditions of Use, he will remain subject to the application of the other stipulations.
11. No waiver
The fact that Bpifrance does not invoke a breach by one (or more) User (s) of any of the stipulations of these General Conditions of Use cannot be interpreted as a tolerance or a waiver of its part in availing itself in the future of such a failure.
12. Update of the general conditions of use
Bpifrance reserves the right to modify and update these General Conditions of Use at any time. Bpifrance will endeavor to inform Users thereof.
Users undertake to be aware of all new versions of the General Conditions of Use and to comply with them.
13. Law and jurisdiction of the courts
The General Conditions of Use are governed and interpreted according to the provisions of French law.
Failing to find an amicable solution within a reasonable time, disputes relating to the General Conditions of Use will be subject to the exclusive jurisdiction of the French courts.