The GTU are made between the company ONDULINE SAS, with a share capital of € 11,323,485.05 registered at the Trade and Companies Register of Nanterre under the number 552 088 361, with registered address at 24 Quai Gallieni -F-92150 SURESNES (hereinafter the “Company”) and any user of the Website (hereinafter the “User”).
By using the Website, the User is deemed to have read and consented to these GTU which constitute an agreement between the User of the Website and the Company.
The Company reserves the right to amend the GTU from time to time. Consequently, the Company recommends each User to regularly consult the prevailing GTU. The GTU as amended will be deemed to be accepted by each User for each use of the Website.
1. Availability of the Website and limitation of liability
1.1. The Website provides information on the organization and the activity of the Company, possibility to contact the Company, as well as information on the catalog of products marketed directly or indirectly by the Company.
1.2. The Company strives to ensure that the Website is available 24/7 without any interruption and shall do its utmost to ensure that all transmissions are performed without error. Access to the Website may occasionally be suspended or restricted in order to perform repair and maintenance operations, or to introduce new services or features. The Company will attempt to limit the frequency and duration of such suspensions or restrictions.
1.3. The Company makes no express or tacit warranties concerning the access of the Website, and cannot be liable for any direct or indirect damage, whatever is the cause, the origin, the nature and consequence, ensuing from the consultation or from the use of the Website. In particular, the Company declines responsibility in case of interruption or of inaccessibility of the Website, the emergence of bugs, or any damage resulting from fraudulent act of a third party (such as intrusion) carried out through the Website.
1.4. Also the use of the Internet, including the Website, implies the possibility of infecting devices malware, including viruses, Trojans, spyware, etc. Therefore, it is recommended that the User’s device benefits from the current software to prevent such infection, such as antivirus, firewall, etc.
1.5. The Company makes every possible effort to ensure that the information provided on the Website is accurate and up-to-date, and reserves the right to correct the content at any time and without prior notice. However, the Company cannot warrant that all this information is accurate, complete and up-to-date when accessing the Website.
1.6. The Company makes hyperlinks available to users of the Website, enabling them to access third party websites. The Company has no control over and cannot be held responsible for the content of third party websites, including their business practices, or any products and services associated with these websites that might be included in a link on this Website.
1.7. The User guarantees to the Company that he will make a licit and fair use of the Website, in accordance with the GTU. In this respect, the User notably undertakes not to interfere, disturb or interrupt, in any form whatsoever, entirely or partially, including temporally the Website's normal operation.
1.8. Where applicable, the User undertakes not to submit or publish through the Website any content that should be considered illegal, unlawful, defamatory, pornographic, racist, offensive, or obscene. The Company reserves the right to take any measure or legal action that it deems necessary to bring an end to such behavior.
1.9. In case of any questions, concerns, or reservations concerning the Website you may submit them at [email protected].
2. Intellectual Property
2.1. The domain name “onduline.com” is duly registered, and "ONDULINE" is a registered trademark.
2.2. All copyrights, databases, trademarks, names, images and logos, and any other intellectual property rights relating to the Website, its content, compilations of its content displayed on the Website as text, graphics, logos, icons and images, software applications and online tools, and all HTML code and other codes used on the Website (hereinafter the "Intellectual Property Rights") are owned by the Company and are protected by laws relating to copyright, the protection of databases and any other applicable law in force in France and by any European or international agreement on intellectual property.
2.3. It is forbidden to modify, copy, distribute, disseminate, use all or part of the Website or any other intellectual property rights relating thereto, or use any logo or trademark displayed on the Website. No document on the Website may be interpreted as granting an implied or express license right on any Intellectual Property Right on all or part of the Website. The User acknowledges that the use of the Website shall be only governed by the present GTU.
2.4. The User may not use metadata or any other "hidden text" including "ONDULINE" trademark, in whole or in part. The User may be held liable for unauthorized use of any of the Intellectual Property Rights, regardless of the reason for such use.
3. Personal Data
3.1. To consult and visit the Website, the User does not have to communicate any personal data. However, the Company may collect the User’s personal data (hereinafter the "Personal Data"), in particular through the section "CONTACT", participation to spot contests and the setting up of an account. Through the login of the User to the platform, login data, usage data and location data are collected for analysis and performance optimisation of the platform purposes. When providing its Personal Data, the User undertakes to give only accurate information which is not harmful to the interests and rights of third parties. Platforms with an eshop collect financial data to carry out the payments of products and services provided by the platform.
3.2. The Company, its subsidiaries and local representatives, are joint data controllers and recipients of Personal Data of the Users. The Company undertakes to protect the privacy of Personal Data. However, the Company has no control over the risks in connection with the functioning of the Internet and draws your attention to the existence of potential risks in terms of confidentiality of the data transiting via this network.
3.3. According to the French Data Protection Act of January 6th, 1978 and the General Data Protection Regulation of April 27th, 2016, the process has been declared to the NCIL and the User has the right to access in an intelligible form, rectify and delete its personal data and to object, for legitimate reasons, to having its data processed. The User has also the right to port its personal data in a machine-readable form. The User may exercise his rights by sending an email to the following email address: [email protected] upon proof of the User’s identity. Onduline commits to process the application and to answer to it within 30 days but may extend it to 60 days given the amount of applications and its complexity. Onduline reserves the right to reject applications on the right to access if those are manifestly unreasonable. The User is informed, in accordance with his right to be informed, when his personal data are collected by Onduline and when those have not been collected by Onduline. The User is also informed in case of a violation of his personal data.
3.4. Newsletter: The User may liberally and freely unsubscribe from the “Newsletter” and “Onduline’s Offers”. The User may choose to unsubscribe from the link at the bottom of the Newsletter, from his member area or on demand at the email address: [email protected]
3.5. Minor: Onduline does not target minors, the website remains accessible since it does not present adult content. Onduline’s forms and questionnaires do not aim at collecting data on minors. If data of a minor happened to be collected, the legal representative of the minor may contact Onduline at the email address: [email protected]to rectify, modify and delete the personal data (in accordance with the article 3.3).
3.6. Subcontracting: Onduline uses third parties to insure the providing of its services (for example, maintenance, audits, payments, tamper detection, marketing and development). The third parties may therefore have access to Users’ information to the extent needed to perform tasks on behalf of the User and are submitted to the same obligations of Onduline. The third party respect your privacy and will not disclose your personal information.
3.7. Onduline may process personal data outside the European Union in specific cases with due respect for the European legal processes. The User may at his own request have his personal data being processed outside the European Union for specific services.
3.8. In connection with the operation of the Website, the Company can also store a technical cookie in the User device while using the Website. A cookie does not allow identification of the User but permits to record information about how the User device navigates through the Website (official language and User’s country, pages visited, time and date, etc.). The information provided can be used during the User next visit to the Website in order the Website to function properly or analytics purposes.
3.9. The User is informed that he can also prevent cookies from being saved on his device by changing the settings of his web browser. Detailed information on the possibilities and ways of handling cookies are available in web browsers. The User can also consult the site of the CNIL (French Data Protection Authority): http://www.cnil.fr/.
Applicable Law - Allocation of Jurisdiction
4.1. French law is the only law applicable to the relationship between the Company and the User.
4.2. It is expressly agreed that all disputes of any nature whatsoever shall be subject to the exclusive jurisdiction of the French courts.
Onduline, Société par actions Simplifiée (joint stocked company)
Capital of € 11,323,485.05
R.C.S. Nanterre 552 088 361
24 Quai Gallieni,
Phone: 33(0)1 55 63 80 10
Fax : 33(0)1 41 34 30 54
Publishing Director: Patrick Destang
18-20, rue du Faubourg du Temple
Tel: 01 70 13 70 00
Design, Graphic design, development by Vanksen
Fotolia, Gettyimages, Shutterstock, Onduline