This Application (hereinafter referred to as the “Application”) is presented by Lesaffre® & Cie (referred to as “Lesaffre”) and its subsidiaries to users (also referred to as “you” or “your“). Before using the Application and the services offered on it, Lesaffre and its subsidiariesask you to read the terms and conditions detailed hereafteras they describe your rights and obligations and those of Lesaffre (hereinafter the “Terms”) and its subsidiaries where applicable. Access to the Application, your use of this Application and the services offered on it imply unrestricted and unconditional acceptance of the Terms. If you do not wish to be bound by these Terms, you are not authorised to use the Application and the services offered on it.
IF YOU DO NOT ACCEPT THE TERMS SHOWN BELOW, PLEASE LEAVE THIS APPLICATION IMMEDIATELY.
The content featured on this Application has been created exclusively for the purpose of providing information about Lesaffre and its subsidiaries. The Application allows Users to discover Lesaffre’s and its subsidiaries’ products and services, and to sign up via notably User’s email address to receive all information, in particular commercial or promotional information, from Lesaffre or its subsidiaries. In some cases, depending on the Lesaffre subsidiary, the Application can also provide a loyalty program.
No commercial use may be made of the data shown on the Application without the prior written agreement of Lesaffre, the Application’s publisher, and/or its subsidiaries.
Administration and modifications
The control and administration of the Application are carried out from Lesaffre’s administrative headquarters in Marcq-en-Barœul (France) which makes no claim that this material is adapted to, or available for use in all countries. If you are using the Application from other regions than France, it is your responsibility to ensure that you conform to local laws and regulations.
Lesaffre reserve the right to change these Terms. In this case, the new version of the Terms will be available on the Application and the changes will be effective immediately after your access to the Application. Thus, the applicable terms and conditions are those in effect and available on the Application on the date on which the Application is accessed by the User.
Lesaffre reserves the right to modify or correct the Application content at any moment, without notice, in addition to the present Terms. It may not be considered liable for any possible consequences of such modifications.
Intellectual property rights
You shall assume that everything you see or read on this Application is protected by intellectual property rights.
Unless otherwise expressly stipulated, Lesaffre andits subsidiaries are the owners or licensees of the intellectual property rights over the Application and all related rights, whether this concerns its general structure or an element of its content (including but not limited to: texts, slogans, graphics, images, photographs and other content). Unless otherwise expressly provided in these Terms, any partial or complete reproduction, representation, modification, alteration and/or total or partial operation of the Application and/or an element of its content, by any means whatsoever and on any medium whatsoever (in particular by storing information on another medium), must always be subject to the prior written express authorization of Lesaffre andits subsidiaries. Permissions to display some elements of the Application are to be demanded by mail at the following address:
[137 rue Gabriel Péri F-59703 Marcq-en-Barœul Cedex
For the attention of Marketing Dpt].
Any failure to obtain such authorization will be treated and pursued as a case of intellectual property right infringement.
In particular, the texts, images, drawings, layout and graphical identity of this Application are protected by intellectual property legislation. To the extent permissible by law, copying, extracting, circulating, broadcasting or modifying the content of this Application for commercial purposes is strictly forbidden. The presentation and content of the Application jointly constitute a “work” protected by the applicable legislation concerning the intellectual property rights belonging to Lesaffre andits subsidiaries.
Lesaffre and its subsidiaries authorize the downloading of a copy of the information to a temporary storage area strictly for private consultation purposes only, on condition that you do not, delete, alter or modify the pages or the content concerned, or change any copyright logo or other symbol, such as the symbols concerning registered trademarks, reservation of rights, or any other protected rights (copyright, “©” or “®” symbols, etc), digital traceability data or any other technical aspect created for recognition purposes.
The trademarks, logos, brands, corporate names, acronyms, trade names, signs, domain names, product and service names used on this Application, whether registered or not, (collectively the “Trademarks“), including without limitation “Lesaffre”, constitute distinguishing marks or trade names of Lesaffre and its subsidiaries that may not be used without the express prior written permission of their owner. Nothing contained on this Application should be construed as granting any license or right to use any Trademark displayed on this Application without the written permission of Lesaffre and its subsidiaries.
Any total or partial reproduction, representation, operation, or use whatsoever, of these Trademarks carried out based on elements featured on the Application without the express written authorization of Lesaffre or, where relevant,its subsidiaries constitutes an act of infringement, punishable by applicable law.
The User acknowledges that the Application consists of one or more databases made available by Lesaffre and its subsidiaries in its capacity as producer of said databases within the meaning of applicable regulations. Unless the prior written agreement of Lesaffre has been obtained, the User agrees not to conduct any direct or indirect, total or partial, qualitatively or quantitatively substantial extraction, use, storage, reproduction, representation, modification, translation, transfer to another siteor preservation of the content of one or more Lesaffre and its subsidiaries’ database without the prior written permission of Lesaffre. The User also agrees not to conduct repeated and systematic extraction or reuse of qualitatively or quantitatively non-substantial parts of the content of one or more databases of Lesaffre and its subsidiaries.
Unless otherwise expressly provided in the above “Intellectual property rights” section of these Terms, no aspect of the present Terms may be interpreted as granting to the User any license, right, copyright or other intellectual property rights of any form. If, in your capacity as the owner of an intellectual property right, you feel that your work has been unfairly copied or distributed via this Application, please immediately inform Lesaffre of this by writing to the following address:
137 rue Gabriel Péri F-59703 Marcq-en-Barœul Cedex
For the attention of the legal department (Service Juridique).
Your messages are always welcome on the Application. Any message or document which you may send to the Application by e-mail or by any other means, including (for example) personal details, questions or answers, comments, suggestions or any other information, will be treated as non-confidential and non-exclusive.
Any data which you may submit or put online may be used by Lesaffre and its subsidiaries or allocated by license to third parties by Lesaffre and its subsidiaries, for the following purposes: the management of the customer relationship and the offering of products and services by Lesaffre and its subsidiaries, by their partners or by third-parties. For further details about the processing of your personal data, please refer to section “Personal data” below.
Furthermore, Lesaffre and its subsidiaries are free to use any idea, concept, know-how or techniques contained in any message which you send to the Application regardless of its subject.
Limitation of liability
It is possible that the documents featured on this Application contain inaccuracies or errors. Lesaffre and its subsidiaries do not guarantee nor warrant that (i) the information or functionalities contained in the Application is free of errors or inconsistencies, nor that (ii) the Application or its access server is free of virus or any other dangerous component. The use of, and visits to this Application are undertaken at your own risk: TheUser is solely liable for User’s use of the Application and the services that the User accesses from the Application.
The User acknowledges and accepts in this respect that the User will be personally liable for any claim or proceedings brought against Lesaffre and its subsidiaries due to User’s improper use of the Application or any service offered on the Application.
Lesaffre and its subsidiaries shall not be liable:
- In case of unavailability of the Application and any service offered on the Application for reasons such as (but not limited to) the shutdown of the public power grid, the failure of cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, including one of the Users, caused in particular by strikes, storms, earthquakes or any other cause having the characteristics of force majeure as interpreted by the French courts;
- If the Application content and any service accessible via the Application is used by a User in conditions that do not comply with these Terms;
- For any malfunction of any kind relating to the User’s hardware and User’s Internet connection when accessing the Application and or services offered on the Application.
To the fullest extent permissible by applicable law, neither Lesaffre, its subsidiaries, nor any other party involved in the creation, production or delivery of this Application will be held liable for any direct or indirect damages or compensation including in particular loss of profits, data or other intangible losses, arising notably from (i) the use or inability to use the Application, the services offered by the Application or the content of the Application; (ii) any claim attributable to errors, omissions, or other inaccuracies contained on the Application and an element of its content or the services offered by the Application; (iii) unauthorised access to, or alteration of your transmissions or data; or (iv) any other matter relating to the Application and elements of its content or services offered by the Application, even if Lesaffre and its subsidiaries has been informed of the possibility of such damages.Without in any way restricting the above, all information and data contained on this Application is proposed to you “AS IS”, i.e. WITH NO EXPRESS OR IMPLIED GUARANTEE OF ANY FORM.
Lesaffree and its subsidiaries reserves the right to refuse all or part of the access to the Application or the services offered by the Application to any User for any reason, at any time and at its sole discretion. The User accepts that Lesaffre and its subsidiaries may block the IP address or addresses of the User at any time, without notice and at its sole discretion to refuse the continued use of the Application by the User. Lesaffre and its subsidiaries reserve the right to take any action it deems appropriate, at its sole discretion, against breaches of the Terms, and expressly reserves all rights and remedies available.
Access to the application may be unavailable or terminated at any time for updating or any other technical matter. Lesaffre and its subsidiaries shall not be liable for these interruptions and for any claims or damages arising directly or indirectly from them.
Lesaffre may not be considered liable for any links created directly or indirectly from its Application, or for the content of websites. The creation of hypertext links to the Application may only proceed subject to the prior written agreement of Lesaffre, which may be revoked at any time. The existence of any link to sites linked to the Application does not imply approval by Lesaffre of the content of the pages hosted off at Website or of any other site linked to the Application. Consequently, you access other off-site web pages or websites via links at your own risk and under your own liability.
The purpose of this section is to describe how Lesaffre will process personal data that Users provide when using the Application.
· Personal data collected on the Application
To provide the Application and all services offered on the Application, Lesaffrewill store and process certain personal data about Users.
Lesaffre may collect or ask Users to provide data from time to time, such as name, address, email address, telephone number, IP address, browser type, operating system, and/or activities on the Application.
In particular, Lesaffre may collect Users’ personal data:
ü via online forms, registration of online Users;
ü via information provided by the User in a letter sent to Lesaffre.
Lesaffretakes reasonable steps to ensure the security of such data and to prevent their illegal use or any unauthorized access.
The provision of personal data is optional. However, in the event of refusal to disclose personal data, Lesaffre may not be able to process your request. If you decide to disclose your personal data to Lesaffre, the mandatory or optional nature of the fields to be filled in will be clearly marked.
Purposes of processing Users’ personal data
The personal data of each User will be kept with any additional information that the User may have disclosed to Lesaffre from time to time and will be used to provide you the services offered on the Application and any other related services and to process specific requests made through the Application, and more generally, to manage the customer relationship.
Lesaffre may also use the personal data of Users as indicated above in “Contacting Lesaffre” and to analyze Application use and/or keep Users informed about other products and services which, according to Lesaffre, might interest them or, more generally, for any commercial prospecting if the explicit consent of the User has been obtained when such a consent is required by applicable law.
· Retention of your personal data
Lesaffre will only process Users’ personal data for the period necessary and proportionate for its purposes. Lesaffre will notably retain Users’ personal data for the duration required for the management of the commercial relationship. However, personal data needed for evidence purposes or to comply with legal obligations may be retained during the following respective period: the period of the relevant statute of limitations or the duration required by law. Moreover, personal data used for direct marketing purposes may be retained during three years from either (i) the end of the commercial relationship with the User or (ii) the date of the data collection relating to, or the last contact with, the User who is a potential customer.
· Recipients of your personal data
ü Personal data is intended for Lesaffre and its subsidiaries and their staff. This data may be disclosed to third parties designated by Lesaffre and its subsidiaries for the provision of services offered on the Application. All staff and any third parties referred to above are subject to strict confidentiality rules.
ü In addition, if you duly notify your acceptance when such a consent is required by applicable law, personal data may be used for purposes of commercial prospecting by Lesaffre and its subsidiariesor Lesaffre and its subsidiaries’partners.
ü Lesaffre and its subsidiariesmay, from time to time, increase or reduce its activities which may involve the sale of certain divisions or the transfer of control of certain Lesaffre and its subsidiaries activities to other parties. If any, the personal data provided by Users is to be transferred/assigned to the successor of the activity and the successor or the new controlling party will be authorized hereunder to use such personal data for the sole purposes for which it was provided by you.
ü Lesaffre and its subsidiariesmay share your personal data with its service providers and subcontractors for providing Lesaffre and its subsidiaries’products and services including the products and services mentioned on the Application or related. Lesaffre and its subsidiariesmay, from time to time, transfer your personal data to entities located outside the European Economic Area, some of which may have laws on personal data protection that differ from those of the EU and/or France, or no data protection law.
· Users’ rights regarding their personal data
ü In accordance with French Act No. 78-17 of 6 January 1978 on Data Protection, amended by Act No. 2004-81 of 6 August 2004 and French Act for a Digital Republic n° 2016-1321dated 7 October 2016, the User has:
i. a right of access to User’s personal data processed by Lesaffre;
ii. a right to correct, update and delete personal data;
iii. the right to object, for legitimate reasons, to User’s personal data being processed;
iv. the right to object, without charge, to User’s personal data being used for prospecting purposes, including in particular commercial purposes, by Lesaffre or any third party designated by Lesaffre.
ü The User may exercise User’s rights by contacting Lesaffre at the following address:
Lesaffre – Marketing Dpt – 137 rue Gabriel Péri F-59703 Marcq-en-Barœul Cedex
Lesaffre’s and its subsidiaries’ liability cannot be sought if the performance of one of their obligations is prevented or delayed by an event of force majeure as defined by French courts, including, but not limited to, natural disasters, fire, malfunction or interruption of the telecommunications network or the power grid, attacks including terrorist attacks, strikes, or wars.
By accessing the Application, the User represents, warrants and agrees:
ü To access the Application and related services in good faith in accordance with these Terms, which the User accepts;
ü Not to try to damage, hack, reverse engineer or otherwise interfere (collectively, “Interfere”) with the Application in any manner whatsoever. If you interfere in any way with the Application, you agree to pay all damages that Lesaffre and its subsidiaries could incur;
ü Not to access and/or use the Application and any service provided by the Application for illicit purposes and/or for harming the reputation and image of Lesaffre and its subsidiaries, or more generally to infringe the rights, including the intellectual property rights of Lesaffre and its subsidiaries or any third party;
ü Not to use any part of the Application and the services it offers, especially for commercial and/or personal purposes, in a form and/or a medium not expressly authorised by Lesaffre and its subsidiaries;
ü Not to market, directly or indirectly, the access to the Application and the services it offers;
ü Not to reproduce or represent all or part of the Application for private purposes beyond the exceptions permitted by law, or for direct or indirect marketing to third parties;
ü Not to restrict the access to, or the use of the Application and/or services available via the Application;
ü Not to change, including in the buffer or temporary memory, any notice or element of the content of the Application and/or services available via the Application;
ü Not to contravene the legal provisions relating to “hacking;”
In the event of breach of one or more of these provisions, and without this list being exhaustive, the User acknowledges and accepts that Lesaffre and its subsidiaries shall have the right to refuse, unilaterally and without prior notice, access to all or part of the Application.
The Terms constitute the entire agreement between Lesaffre and the User relating to the use of the Application and the services offered on it and supersede any agreement having the same purpose that may have existed previously between the User and Lesaffre.
The failure of either party not to claim a breach by the other party to any of the obligations set forth herein shall not be construed in the future as a waiver of the obligation in question.
In case of difficulties in interpretation between any of the titles at the beginning of the clauses of these Terms and any of the clauses, the titles will be declared non-existent.
In the event that one or more provisions of the Terms would be considered null, deemed unwritten or declared as such pursuant to any law, regulation or following a decision of a competent jurisdiction having authority res judicata with no right of appeal, the other provisions shall remain in full force and effect and remain fully applicable.
Applicable law and dispute resolution
These Terms are governed by French law. In the event of litigation or disputes regarding the application, interpretation, validity and implementation of the Terms, and failing amicable agreement between the parties, only French law will apply and only the courts of Lille (France) will be considered competent.
© 2016 – Lesaffre & Cie – All rights reserved.
Application designed by PHOCEIS
54 rue Christophe COLOMB 59000 Lille
Site : www.phoceis.com
Application hosted by aWS
Site : aws.amazon.com
M. Christophe Jubin
Editor in Chef
“LESAFFRE ET COMPAGNIE (LESAFFRE & CIE)”:
RCS Paris B 316 055 672
With capital of EUR 734,500.00
41 Rue Etienne Marcel – 75001 PARIS
137, Rue Gabriel Péri
Telephone: 00 33 +(0)3 20 81 61 00