Information
general conditions of use (GCU)
GCU
WEBAPP E-LEARNING FAUCHON
18/06/2020
Preamble
FAUCHON, a simplified joint stock company with its registered office at 30 Place de la Madeleine - 75008 Paris, registered with the Paris Trade Register under number 326 315 462, intra-community VAT number: FR88 326 315 462 Tel +33 1 70 39 38 00 (hereinafter "FAUCHON"), provides the FAUCHON e-learning WebApp to the sales teams of its network and to any person previously approved by FAUCHON, which can be accessed at the following address: https://elearning.fauchon.com (hereinafter " FAUCHON E-learning"), the use of which is governed by the terms and conditions arising from these general terms and conditions of use (hereinafter the " GCU").
FAUCHON E-learning is hosted in France by the company Amazon Web Services EMEA Sarl, (hereinafter the "Host"), 31 Place des Corolles, Tour Carpe Diem, 92400 Courbevoie, registered with the Nanterre Trade Register under number 831 001 334, intra-community VAT number: FR30831001334.
The technical solution relating to E-learning is provided by the company Garbocom (hereafter the "Technical Service Provider"), SAS Unipersonnelle, having its registered office at 79, rue Saint Bernard 57000 Metz, registered with the R.C.S. METZ, under the number TI 805 126 968, represented by Gilles Dobos, intra-community VAT number: FR18805126968 Tel 33 (0) 3 56 12 52 50 e-mail: gillesdobos@garbocom-projects.com
Outsourcing is managed by the company Fast Mage, a one-man SAS, with registered office at 122 Lot - Plaza Berri 1 - 64250 ITXASSOU, registered with the Bayonne RCS, under the number 791 862 154, intra-community VAT number: FR 20791862154.
Article 1: Scope of application
The purpose of these GCU is to govern the conditions of use of FAUCHON E-Learning by the sales teams of FAUCHON and of any franchisee, distributor or other professional retailer of FAUCHON products as well as any other person previously approved by FAUCHON (hereinafter the "User").
FAUCHON E-learning allows the User to have access to information and visuals relating to FAUCHON products, the history of the FAUCHON network and the FAUCHON brand, network news, as well as training tools (videos, photographs and other materials) (hereinafter the "FAUCHON Visual(s) and/or Content(s)").
FAUCHON has the right to modify these GCU, in particular in order to take into account the evolution of FAUCHON E-learning. The applicable GCU are those in force on the day of use of the FAUCHON E-learning, as they appear on the FAUCHON E-learning, and brought to the User's attention when registering and at any time by clicking here.
Use of FAUCHON E-Learning must be made by the User in accordance with these GCU and the contract, if any, concluded between FAUCHON and the User, within the limits of the rights and obligations arising from the latter. In the event of any contradiction between any provision of these GCU and the parallel agreement between FAUCHON and the User, the provisions of the said agreement shall prevail over those of the GCU.
Article 2: Access and use of FAUCHON E-learning
2.1- In order to access FAUCHON E-learning, the User must first:
- Have access to telecommunication means enabling him/her to connect to the Internet and to go to FAUCHON E-learning using a computer, a tablet or a smartphone at the following address https://elearning.fauchon.com/ using any browser that is up to date since 2018 ;
- Log in using their login and password to their FAUCHON E-learning account, or, if they do not have a FAUCHON E-learning account, create an account - by entering their first name, last name, email address, preferred language, region, chosen password and wait for their account to be validated by FAUCHON, then log in.
2.2 - Once logged in to his account, the User may browse the FAUCHON E-Learning to view the FAUCHON Visuals and content put online by FAUCHON.
The User will then have access to the FAUCHON Visuals and Content corresponding to the selected tab, in accordance with the agreement, if any, between the User and FAUCHON.
Consequently, by clicking on:
- the "PRODUCTS" tab: the User will have access to the sheet for each FAUCHON product giving him/her information on the product description, storage and tasting advice, the composition and list of allergens, as well as the weight of the products;
- the "THE BRAND" tab: the User will have access to information on the history of the FAUCHON network, the FAUCHON brand, as well as visuals that can be consulted;
- the "TOOLS" tab: the User will have access to the FAUCHON product catalogue, a presentation of the main principles of "Merchandising", as well as training videos on how to welcome and talk to customers, how to promote and taste products, how to make gift boxes, etc...;
- the "NEWS" tab: the User will have access to the network's news on the opening of new points of sale or the launch of new products, ...
It is specified that FAUCHON's Visuals and content may vary according to the identity of the User in order to better adapt to his or her situation and needs in the operation of his or her activity resulting from the contract concluded with FAUCHON, where applicable.
Article 3: Consultation, use and downloading of FAUCHON Visuals and Content
3.1 - The User has a simple right to consult FAUCHON's Visuals and Content.
3.2 - Any use of the FAUCHON Visuals and Content is subject to the prior written consent of FAUCHON and to compliance with the provisions of the contract, if any, concluded with FAUCHON.
The User undertakes to use the FAUCHON Visuals and Content in accordance with the following provisions:
- only for the uses expressly authorized in the contract, if any, concluded between the User and FAUCHON, to the exclusion of any other purpose or use;
- for a period not exceeding that of the contract, if any, between the User and FAUCHON;
- in compliance with the laws and regulations in force in the place where it carries out its activity - in particular, the User shall ensure that it does not use Visuals and/or content that contravene the laws and regulations in force.
3.3 - In order to download and use FAUCHON's Visuals and content, the User must - in certain cases expressly indicated by the words "download subject to agreement" - go to the FAUCHON Extranet (by logging into his/her account or by creating an account if he/she does not have one), make a request to download the desired FAUCHON Visuals and/or content.
The terms and conditions relating to the downloading and use of FAUCHON Visuals and content marked "download subject to agreement" are governed by the FAUCHON Extranet General Terms and Conditions of Use.
3.4 - The User indemnifies FAUCHON against all direct and indirect harmful consequences (including legal costs and attorneys' fees) resulting from any third party action against FAUCHON due to the use of a FAUCHON Visual or Content by the User that does not comply with these GTCU and that violates the rights of a third party.
Article 4: Confidentiality
FAUCHON E-learning and the FAUCHON Visuals and Content contained therein are confidential, except for FAUCHON Visuals and Content intended to be used for public communication purposes.
The User undertakes not to divulge any non-public information of which he becomes aware in the course of his access to FAUCHON E-Learning, and undertakes to ensure that this undertaking is respected by his employees, servants and agents who are members of his team, to whom he grants the right to access FAUCHON E-Learning.
Article 5: Data processing and liberties
The information concerning the User collected during the creation of an account on FAUCHON E-learning is subject to computerized processing by FAUCHON's services, intended:
- to ensure the proper functioning of the User's account - failure to provide this information will make it impossible to finalise the creation of the account;
- to process the User's requests made in the "Contact" tab of FAUCHON E-learning - failure to provide this information will make it impossible to finalize the request.
The data is collected when the account is created and during each visit to the E-learning interface.
The information collected is necessary for the provision of the service and is marked with an asterisk. This information includes your surname, first name, email address, region, language spoken, and the content of your requests made via the "Contact" tab.
The legal basis for this collection is consent.
The table below lists the cookies we collect and the information they store. They have the effect of enabling the proper functioning of the User's account and ensuring a smooth and secure online experience for the User.
Cookie Designation | Purpose of Cookie |
Elearning session | Allows to keep the user's session active |
Cross-site-cookie | Allows you to switch from one language to another while keeping your session active. |
XSRF-TOKEN | Allows to secure forms with a unique ID |
Google reCAPTCHA | Allows verification "I'm not a robot" |
Google GA | Allows collection of information for Google Analytics statistics |
FAUCHON may transfer the data collected to the Host and the FAUCHON E-learning Technical Service Provider from whom it subcontracts the hosting and maintenance of FAUCHON E-learning as referred to in the preamble of these GCU.
Consequently, no data transfer outside the European Union is implemented.
FAUCHON undertakes to keep the data collected only for a period of one (1) year. The data will be deleted when the User's account on FAUCHON E-learning is deleted.
In accordance with the applicable regulations on the protection of personal data (deriving from the European Regulation on the Protection of Personal Data as of May 25, 2018), the User has:
- a right of access, rectification, deletion and portability of his data,
- a right to limit the processing of his data,
- the right to object to the processing of its data and their use for commercial prospecting purposes,
- a right to define guidelines for the fate of his post-mortem data,
- a right not to be subject to profiling measures,
which the User may exercise by sending a letter to the following postal address: FAUCHON - For the attention of the Data Protection Delegate - 30 Place de la Madeleine, 75008 Paris or by e-mail to dpo@fauchon.fr, enclosing proof of identity.
The User may also - at any time - request a copy of his/her data.
The User may also file a complaint with the Commission Nationale Informatique et Libertés ("CNIL").
FAUCHON, Data Processing Manager - has appointed Cécile MICHEL, dpo@fauchon.fr, 30 Place de la Madeleine 75008 Paris as Data Protection Delegate.
Article 6: Applicable law and jurisdiction
The GCU are governed by French law.
Any dispute or claim arising out of or relating to these TOU or the consultation and use of FAUCHON Visuals or Content arising herefrom shall be decided by an arbitration panel composed of three (3) arbitrators before the Arbitration Centre of the Luxembourg Chamber of Commerce. The Arbitration procedure shall be governed by the Arbitration Rules of the Arbitration Centre of the Luxembourg Chamber of Commerce or, in the absence of specific provision, by Book III of the New Code of Civil Procedure of Luxembourg.
Arbitrators shall be appointed in accordance with the Arbitration Rules of the Arbitration Centre of the Luxembourg Chamber of Commerce. Each Party shall appoint 1 (one) arbitrator.
The arbitration shall be held in Luxembourg.
The language used in the arbitration proceedings shall be French or English.