GENERAL CONDITIONS OF USE

The use of the Site published by the EMERA company implies that any user wishing to benefit from the services delivered by the Site accepts unreservedly the following arrangements, the most recent version taken as authentic.

Legal Identification

The Site is published by the EMERA company, a simplified stock company with a capital of €4,300,000, which is registered in the Registry of Commerce and Companies of Cannes as number 399 751 452, whose head office is 45 allée des Ormes – Espace Park B – CS 12100 – 06254 MOUGINS Cedex, represented by its Chair, Mr Claude CHETON, duly authorised for the purposes of this document, which may also be known individually as the « Party » or collectively with the User as the « Parties » (hereinafter referred to as “EMERA”).

Definitions

The following terms, whether employed in the singular or plural in this document, will always have the following definition:

« Personal Data »

Designates all types of information, data and content, provided by the User, collected and processed in the context of the use of services delivered by the Site, hosted by EMERA, which, under the Data Protection Law of 6 January 1978 (as amended by the Decree of 4 November 1991 and by the Law of 6 August 2004 transposing Directive 95/46/EC) and Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016, allow the designation or identification, directly or indirectly, of a user as a physical person:

« Services »

Designates all the services provided by EMERA to the User via the Site;

« Site » or « Internet Site »

Designates the website located at the URL www.emera.fr

« User »

Designates any visitor to the Site.

Acceptance by the User – Warning

The present General Conditions of Use (hereinafter referred to as the « GCU ») are expressly approved and accepted by the User, who declares and acknowledges a perfect understanding of them.

In any event, any commencement of use of the services offered by the Site, and in particular subscription to the Site Newsletter or supply of information on a form on the Site, means the User is bound by the GCU. The User is therefore deemed to have accepted the complete rules set out in this document, as well as those which are present in any document available on the Site, integrated to these GCU by reference and which govern the relationship with third parties and EMERA.

These GCU are effective throughout the use of the Site and until new GCUs replace them.

The User also acknowledges having read and understood the legal information on the Site prior to any use of the Services offered via the Site.

Agreement on Evidence

The User acknowledges that the recordings and backups (including any connection data) made via the Site (hereinafter the « Electronic Documents ») will have full probative value between the User and EMERA. Thus, the Electronic Documents (including their date and time) will be authentic between the parties in any dispute.

The User therefore recognises, in contractual relations with EMERA, the validity and probative quality of e-mails. Similarly, notifications made via the Site are effective against the User as evidence.

Developments

EMERA reserves the right to amend these GCU, according to the technical developments of the Site and the services it offers, or because of the development of legislation, at its sole discretion.

Generally, the use of the Site by the User is always subject to the most recent version of the GCU available at the time of use. It is the User’s responsibility to consult the GCU available on the Site as often as necessary.

Violation

Any violation of these CU authorises EMERA to refuse the User who is responsible for what is considered a violation future access to the Services proposed on the Site, without prejudice to any damages which could be claimed against the author of the said violation by EMERA.

General Description of Services

EMERA makes a Site available to users to inform them about its products and services.

In order to remain regularly informed of company news and its service offer, the User can subscribe to the Site Newsletter and make commercial information requests.

He or she may also submit career applications to EMERA.

For further information, the User is invited to visit the Site.

Licence for Use of Site Elements

Scope of Granted Rights

EMERA grants the User who accepts it, for the duration of use of the Site, the non-exclusive, non-transferable and non-marketable right to use the Site, within the strict limit of the Field of Use defined below, in the Territory, in strict compliance with the provisions set out herein (hereinafter the « Licence »).

The User expressly acknowledges that all rights relating to Site elements remain the exclusive property of EMERA.

The User may not sell, transfer, publish, present, disclose or make them available to third parties in any other way.

Field of Use

This Licence is expressly limited to acts exclusively necessary to use of the Site by the User.

Restrictions on Use

The use of the Site published by EMERA and made available to users is subject to the limitations described below.

This Licence is strictly personal and the User may not assign, transmit or delegate rights or obligations held under this Licence without prior written agreement by EMERA.

For example, EMERA prohibits any user, without its written authority, from carrying out any of the following operations:

  • copying all or part of any of the Site elements;
  • reproducing permanently or provisionally the Site made available, in whole or in part, by any means and in any form;
  • reverse-engineering, decompilation or disassembly of Site elements, computer program(s) and software solution(s), except as expressly authorised by existing legislation;
  • modifying, altering, adapting or making any change of any kind to the presentation and content of the Site, computer program(s) and software solution(s),
  • brand name, commercial name, logos etc. affixed to the Site, their presentation, or delete the identification and property references of the Site, in particular the names of contributors;
  • translating, adapting, arranging or modifying the Site in whole or in part;
  • deleting or altering, so that they may appear on the presentations or content of the Site, computer program(s) and software solution(s);
  • accessing the source codes of software which make up the Site;
  • publishing, without prior written agreement by EMERA, any test or performance or evaluation analysis relating to the Site,

Duration

Once granted, this Licence is assigned for the duration of use of the Site.

Territories

This Licence is expressly limited by the Parties to the territories of the world.

Equipment

The use and maintenance of any equipment, computer, telephone and other equipment necessary to access the Site is the responsibility of the User who will bear its costs alone. EMERA will not be held liable in the event of damage to any equipment in the context of the use of the Site.

Personal Data

Collection of Personal Data

The personal data collected on the Site is as follows:

Newsletter Subscription

When the User decides to subscribe to the Site Newsletter, the User registers his or her email address.

Request for Documentation

When the User fills in the documentation application form, the Site collects the following Personal Data:

  • Mr/Mrs/Ms/Dr, surname and first name(s)
  • E-mail address;
  • Telephone Number;
  • Postal Address.

Request for a Call

When the User fills in the documentation application form, the Site collects the following Personal Data:

  • Name;
  • E-mail address;
  • Telephone Number;
  • Postal Address.

Request for contact with management, customer relations or head office

When the User fills in any of the contact application forms for management, customer relations or head office, the Site collects the following Personal Data:

  • Mr/Mrs/Ms/Dr, surname and first name(s)
  • E-mail address;
  • Telephone Number;
  • Postal Address.

Application for Employment

When the User submits an unsolicited job application or makes a specific application in response to an employment offer published on the Site, the Site shall register the following Personal Data:

  • Mr/Mrs/Ms/Dr, surname and first name(s)
  • E-mail address,
  • Postal Address;
  • Telephone Number;
  • Curriculum Vitae;
  • Covering Letter (only in the case of a specific application).

Cookies

Cookies are used, as part of the use of the Site. The User can disable cookies from the settings of his or her browser.

Use of Personal Data

Personal Data collected from Users is intended to make Site Services available, improve them and maintain a secure environment. More specifically, it is used as follows:

– Processing requests for documentation made by the User;

– Processing requests for call-back made by the User;

– Processing contact requests made by the User;

– Processing job applications made by the User;

– Drawing up of audience statistics;

–Send newsletters to Users;

–Send commercial and advertising information, depending on the user’s preferences.

Data Retention

Personal Data will be retained by EMERA for:

  • For data collected for newsletter subscription: the entire duration of the User’s subscription to the newsletter, and for 3 years from unsubscription.
  • For data collected in connection with a request for documentation, call-back or contact: for 3 years.
  • For data collected when the User makes job applications: for a period of one year.

Sharing Personal Data with Third Parties

Personal Data can be shared with third-party companies in the following cases:

When the User authorises the website of a third party to access his/her Data;

If required by law, the Site may transmit data to respond to claims against the Site and comply with administrative and judicial procedures;

If the Site is involved in a merger, acquisition, disposal of assets or judicial recovery process, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and Confidentiality

The Site implements organisational, technical, software and physical measures on digital security to protect personal data against damage, destruction, and unauthorised access. However, it should be pointed out that the Internet is not a completely secure environment and that the Site cannot guarantee the safety of transmission or storage of information on the Internet.

Implementation of the Rights of Users

In accordance with personal data regulations, the Users shall have the following rights:

– They may exercise their right of access, to be aware of personal data concerning them, by writing to the following e-mail address: arco@emera.fr. In this case, before this right is implemented, the Site may request proof of the identity of the User in order to check its accuracy;

– If personal data held by the Site is inaccurate, they may request the updating of information, by writing to the following e-mail address: arco@emera.fr;

– Users may request the updating or deletion of personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: arco@emera.fr.

Developments to this clause

The Site reserves the right to make any amendments to this clause relating to the protection of personal data at any time. If an amendment is made to this personal data protection clause, the Site undertakes to publish a new version on the Site. The Site will also inform Users of the amendment by e-mail at least 15 days before it takes effect. If the User does not agree with the terms of the new wording of the personal data protection clause, he or she may request the deletion of his/her Personal Data by writing to arco@emera.fr.

Intellectual Property

Respect of intellectual property rights

EMERA retains ownership of all intellectual property rights used to operate the Site, and more generally all elements reproduced or used on the Site are protected as part of intellectual property (the « Elements »).

Any reproduction, representation, use or adaptation, in any form, of all or part of these elements, without prior written agreement by EMERA, are strictly prohibited. The fact that EMERA may not initiate proceedings when they become aware of such unauthorised use does not imply acceptance of such use and waiver of proceedings.

Respect of Copyright © – Links (belonging to EMERA or its partners)

The Site respects copyright and related rights (hereinafter « Author Rights »). All Author Rights of Protected Works reproduced and communicated on the Site are reserved world-wide. Except as authorised, any use of works other than personal reproduction and consultation are prohibited.

Reproduction in paper form

Reproduction of Site pages on paper is authorised for strictly private and non-commercial use.

Reproduction in electronic form

Reproduction of all or part of the Site on an electronic medium is prohibited.

Limitations

All trademarks and other intellectual property rights on any content of the Site (including information, texts, images, copyright, drawings and models) and on the structure of the Site belong to EMERA. No use of this content and intellectual property rights related to it is permitted without prior request for the express written consent of EMERA. All of these rights are expressly reserved.

The User undertakes to respect EMERA’s intellectual property rights on all elements constituting the EMERA Site and to see that third parties respect these rights.

The User undertakes to inform EMERA without delay of any infringement of the latter’s intellectual property rights which he/she may find.

The User acknowledges and accepts that access to the Site and to computer program(s) and software solutions made available to him/her by EMERA will not include any transfer or concession of intellectual property rights (rights on trademarks or copyright) and other rights to the profit of the User.

Therefore, it is strictly prohibited to reproduce, distribute, publish, permit access by a link or hypertext link, or modify, adapt or correct the Site in any way without the express written authorisation of EMERA. Any breach of this clause may result in a violation of copyright, trademark or other intellectual property right which may expose the User to civil and/or criminal sanctions.

Notifications

All notices and notifications provided for in this Agreement shall be sent to the address at the head of this document in relation to EMERA and to the address provided by the User when filling out the form(s) on the Site, regularly updated as appropriate, in accordance with the requirements of this document.

Any notifications made pursuant to this document will be validly made and will be considered to have been received under the following conditions:

  • E-mail – on the day of sending;
  • Recommended letter with acknowledgement of receipt – the day after the date on the acknowledgement.

Disputes and Jurisdiction

The Agreement is subject to French law.

Any disputes relating to this Agreement will be notified to the materially and territorially competent jurisdiction.