“GDPR notice – Smart Comfort THOMSON application – ENG version”
1.Legal information
❖Identification
This Smart Comfort application is the property of SCHNEIDER CONSUMER GROUP, a French public limited company (société anonyme) with capital of €1,329,501 registered in the Bobigny Trade and Companies Register under the number 394 323 877 00057, whose registered office is located at 12 rue Jules Ferry, 93110 Rosny-sous-Bois, subject to VAT for France under the number FR 92 394 323 877 (e-mail: contact.rgpd@schneiderconsumer.com telephone: +331 48 12 14 14).
The Site’s publishing director is Mr Philippe Samuel in his capacity as CEO.
The Site is hosted by OVH, an SAS (simplified joint-stock company) with share capital of €10,069.20, registered in the Lille Trade and Companies Register under number 424 761 419, with its registered office at 2, rue Kellermann – 59100 Roubaix, VAT-registered under number FR22424761419. Telephone: 1007
By using this website, you acknowledge that you have read this privacy policy and agree to comply with it.
❖Personal data
SCHNEIDER CONSUMER GROUP places great importance on protecting privacy and personal data.
In accordance with European Regulation 2016/679 of 26 April 2016, the "French Data Protection Act" of 6 January 1978 as amended and the Decree of 20 October 2005 as amended, SCHNEIDER CONSUMER GROUP makes strong commitments towards the data subjects.
As a reminder, all data collected on the application is recorded by SCHNEIDER CONSUMER GROUP, the data controller.
Each data collection operation is carried out specifically for explicit purposes which are clearly detailed on the page of the application where the data is collected. In this respect, we point out that the newsletter subscription is intended to send and manage newsletters. The legal foundation for this processing operation is the performance of a contract (Article 6(1)(b) of the European Regulation).
You may opt out of this prospecting at any time by using a simple link at the bottom of the electronic communications.
SCHNEIDER CONSUMER GROUP reserves the right to create additional and/or complementary means for collecting data. In this respect and in accordance with the regulations, SCHNEIDER CONSUMER GROUP will specify the specific intended purposes of the processing operation in question on the data collection page.
SCHNEIDER CONSUMER GROUP does not make any fully automated decisions based on your personal data.
There are several types of data recipients:
--SCHNEIDER CONSUMER GROUP teams,
--processors and partners for the performance of the processing operation in question,
--members of the SCHNEIDER CONSUMER GROUP group and its subsidiaries.
These categories of recipients are be supplemented, if necessary, by categories specific to each processing operation and expressly referred to in the information on the data collection page
Personal data is transferred in a secure manner to recipients (regardless of the legal nature of the recipient: processor, controller or simple recipient) in accordance with an agreement entered into between SCHNEIDER CONSUMER GROUP and each recipient. SCHNEIDER CONSUMER GROUP undertakes to ensure that each recipient is familiar with the guiding principles of personal data protection and is subject to them in accordance with the law and/or a specific contract.
SCHNEIDER CONSUMER GROUP takes care to store your personal data in a country that guarantees an adequate level of protection when compared to the level of legal protection provided by European Union law. As such, SCHNEIDER CONSUMER GROUP has taken all the necessary safeguards to ensure compliance with the regulations protecting privacy and personal data by signing the European Commission's standard clauses alongside the processor hosting your personal data. Your personal data is thus stored by SCHNEIDER CONSUMER GROUP in a secure manner in accordance with the regulations.
The retention periods applied by SCHNEIDER CONSUMER GROUP comply with the regulations applicable in France on the date hereof, that is, until such time as you unsubscribe.
SCHNEIDER CONSUMER GROUP reserves the right to create additional and/or complementary means for collecting data. In this respect and in accordance with the regulations, SCHNEIDER CONSUMER GROUP will specify the retention periods specific to the processing operation in question on the data collection page.
You have the following rights:
--the right to access your personal data;
--the right to obtain the rectification of your personal data if it is inaccurate or incomplete;
--the right to obtain the restriction of processing under the conditions referred to in Article 18 of the European Regulation;
--the right to obtain the erasure of your personal data if:
oothey are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
ooyou withdraw your consent for processing operations subject to consent (e.g. commercial prospecting);
ooyou have a valid objection to the processing operation;
oothe data has been unlawfully processed; or
ooa law requires that the data be erased.
--the right to lodge an objection on legitimate grounds,
--the right to data portability,
--the right to define guidelines regarding the handling of your personal data after your death and,
--for consent-based processing, the right to withdraw your consent at any time.
To exercise one or more of these rights, you must provide proof of your identity and contact the SCHNEIDER CONSUMER GROUP data protection officer at the following e-mail address: contact.rgpd@schneiderconsumer.com.
In the event of any claim, you can contact the CNIL (www.cnil.fr). You can sign up to not be contacted by telephone for advertising purposes at www.bloctel.gouv.fr/
❖General Terms and Conditions Governing the Use of the Application
The User acknowledges that he or she is fully informed of the fact that his or her agreement regarding the content of these General Terms and Conditions stems solely from consulting the application and does not require his or her handwritten signature on this document. These General Terms and Conditions supplement where necessary SCHNEIDER CONSUMER GROUP's General Terms and Conditions of Sale.
▪Obligations / Responsibility of the User
In particular, the User shall refrain from:
--disclosing information:
--that is false, inaccurate, misleading; or
--defamatory or slanderous;
--that violates third-party copyrights, patent rights, trademark rights, trade secrets, other intellectual property rights, disclosure rights or the privacy of third parties;
--that violates French and/or applicable law;
--that contains viruses, Trojans, worms, time bombs, cancelbots or any other computer programme designed to damage or intercept any computer system, data or personal information clandestinely;
--attempting to mislead other users by impersonating the identity or company name of another person or entity or by damaging the image or reputation of another person or entity and/or by posing as a third party or as an employee, authorised department or affiliate of SCHNEIDER CONSUMER GROUP;
--disrupting, slowing down, blocking or altering the normal flow of data exchanged through the application;
--fraudulently accessing, maintaining, hindering or disrupting SCHNEIDER CONSUMER GROUP's information systems, including servers and networks connected to the application, or refusing to comply with any requirements, procedures, general rules or regulatory provisions applicable to the networks.
The User undertakes to comply with the relevant legal provisions applicable to information circulating on the Internet and/or the application and shall in any event remain solely liable for any infringement of third party rights that may result from his or her use of the application. The User is the sole judge of his or her legal, contractual and/or judicial capacity to access the application and/or use the application. As such, by using the application, the user acknowledges that he or she is not violating any legal or contractual provisions or the provisions of any Articles of Association. The User undertakes to use the application and the Services for purposes consistent with public policy, public safety policy and accepted standards of morality and shall in any event remain solely liable for any breach of public policy, public safety policy or accepted standards of morality that may result from his or her use of the application.
In general, the User shall hold SCHNEIDER CONSUMER GROUP harmless from and against any claim, action and/or demand to which it may be subject in this respect and undertakes, as such, to pay all amounts, damages, costs, attorney's fees and expenses which SCHNEIDER CONSUMER GROUP may be ordered to pay.
▪Copyright
The general structure, as well as the software, text, animated or still images, sounds, know-how, etc. and all other components of the application are the exclusive property of SCHNEIDER CONSUMER GROUP or its partners.
It is prohibited to reproduce this application in whole or in part without the express authorization of the operator of the application, such reproduction constituting an infringement punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code (Code de la propriété intellectuelle).
The trademarks of SCHNEIDER CONSUMER GROUP and its partners, as well as the logos appearing on the application are semi-figurative or non-figurative trademarks and are registered. Any total or partial reproduction of these trademarks or logos, carried out using the elements of the application without the express authorisation of the operator of the application, is therefore prohibited, within the meaning of Article L. 713-2 of the French Intellectual Property Code.
These General Terms and Conditions do not in any way transfer to the User any type of intellectual property rights to the elements belonging to SCHNEIDER CONSUMER GROUP or the beneficiaries such as sounds, videos, photographs, images, literary texts, artistic works, software, trademarks, graphic charts, and/or logos. Any other use that is not expressly authorized beforehand in writing by SCHNEIDER CONSUMER GROUP is prohibited and constitutes infringement.
▪Liability
The application and its content are provided "as is" and without any guarantee, including any guarantee of future performance. SCHNEIDER CONSUMER GROUP excludes all guarantees within the limits permitted by law. In this respect and in particular, SCHNEIDER CONSUMER GROUP does not in any way guarantee that the application will be accessible at all times or that it will be error-free and/or free of defects. In this context, it is recalled that access to the application may be temporarily suspended due to (i) the hardware and/or software maintenance of the application server, and/or (ii) the hardware, software and/or editorial maintenance of the application, and/or (iii) the occurrence of a force majeure event. Under no circumstances may the possibility of the application being temporarily or permanently unavailable give rise to a claim for damages or any other form of compensation.
It is recalled that (i) the transmission of data over the Internet is only relatively reliable, as it flows over heterogeneous networks with various characteristics and capacities, which are sometimes saturated at certain times of the day and which may impact download times or accessibility to data, (ii) the Internet is an open network and, as a result, the information it carries is not protected against the risks of hijacking, intrusion into your system, hacking into its system's data, programmes and files, contamination by computer viruses, and (iii) it is the User's responsibility to take all appropriate measures to protect his or her system and content from contamination by viruses and attempted intrusions. Consequently, SCHNEIDER CONSUMER GROUP cannot be held liable for any damage resulting from access to and/or use and/or unavailability of the application, and in particular for any loss of data/programmes, contamination by viruses, financial and/or commercial damage and/or damage to reputation. SCHNEIDER CONSUMER GROUP reserves the right to carry out maintenance and updates during which the products and services will not be available. In particular, SCHNEIDER CONSUMER GROUP reserves the right to add or remove features, modify the layout of the tool, or insert promotional or non-promotional links.
In any event and within the limits permitted by law, SCHNEIDER CONSUMER GROUP’s liability may only be invoked if it is proven that it is at fault and, in such case, only within 12 months of the occurrence of the event giving rise to the liability. SCHNEIDER CONSUMER GROUP's liability is limited to the amount of the payments received by SCHNEIDER CONSUMER GROUP over the past 12 months for the services provided.
▪Governing Law
These General Terms and Conditions are governed by French law.
▪Entire Agreement
These General Terms and Conditions express all the obligations of the parties. Notwithstanding, they may be supplemented and/or amended by any additional text concluded between the Parties that expressly refers to these General Terms and Conditions.
No general or specific term or condition provided by the User may be incorporated into these General Terms and Conditions.
© SCHNEIDER CONSUMER GROUP – Janvier 2019