General Terms Of Use - Clients

Effective 25/10/2023

ARTICLE 0: DEFINITIONS

Platform: the application containing the reserved services distributed under the trade name beCPG, accessible subject to authentication and authorization of access by the Company

Client: any business entity that has signed a subscription contract for the reserved services provided by beCPG through the Platform

Client User: any natural person working on behalf of a Client and having access to the Platform within the framework of the Client’s subscription

Supplier: any commercial entity contractually linked to a Client or to another Supplier and having been invited to join the Platform

Supplier User: any natural person working on behalf of a Supplier and having access to the Platform, by invitation from a Client User or another Supplier User

Data: the documents and information (including Personal Data) for which Users are responsible, which they enter, fill in, transmit and process in the course of their use of the Platform

Personal Data: the personal data within the meaning of Regulation No. 2016/679, the General Data Protection Regulation (“GDPR”), that Users collect, enter, fill in, transmit or process in the context of their use of the Platform

ARTICLE 1: SUBJECT

The purpose of these general terms of use (called “GTU”) is to provide a legal framework for the terms of provision of the Application and services provided by the company beCPG SARL and distributed under the trade name beCPG (hereinafter referred to as “the Company”), as well as to define the conditions of access and use of services by the contractor, hereinafter referred to as the Client User.

The Company specializes in providing services and solutions for Product Lifecycle Management. These services are made available to the Company’s customers through a Platform available in SaaS “Software as a Service” or On-premise, hereinafter referred to as “the Platform”.

The present GTU are accessible on the site under the heading “General Terms of Use – Clients”.

Any registration or use of the Application implies the Client User’s acceptance of these GTU without any reservation or restriction.

With regard to the conditions specific to the reserved services and subject to authentication, at the time of the first connection to his personal space on the Application, the Client User expressly accepts the present GTU by checking the box preceding the following text: “I acknowledge having read and understood the GTU and I accept them”.

In case of non-acceptance of the GTU stipulated in this contract, the User Client must renounce access to the services offered by the site.

ARTICLE 2: APPLICATION USAGE

The application is accessible at any location to any Client User with Internet access. All costs incurred by the Client User to access the service (hardware, software, Internet connection, etc.) are at the Client User’s expense.

The non-member Client User does not have access to the reserved services. To do so, he must have been invited to the Platform by a Client User.

The Client User may request the creation of an account from a service administrator within the Company, from a Client User.

By agreeing to use the reserved services, the Client User member undertakes to provide truthful and accurate information concerning his civil status and contact details, particularly his email address. To access the services, the Client User must then identify himself using his email address and his personal password.

The Company shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance. In these cases, the Client User agrees not to hold the publisher responsible for any interruption or suspension of service, even without notice.

The Client User has the possibility to contact the site by email at contact@becpg.fr.

ARTICLE 3: OBLIGATIONS OF THE CLIENT USER

The Client Users of the Application undertake not to copy, reproduce, transmit, or distribute any content, document or material present on the site and which remains the exclusive property of the site. The sale, exchange or any practice aimed at obtaining an economic benefit from exclusive content or materials present on the site and without the express written consent of the Company is also prohibited.

Any attempt to destroy, decompose, disassemble or reverse engineer the services offered on the site in order to recover the source code developed by the site editor is prohibited. The manual or automatic extraction of any content present on the site is also prohibited.

Any attempt to make the site’s security systems vulnerable, to violate the rules of connection and identification, to propagate a computer threat such as a virus through the site or to create a disproportionate connection overload on the site in order to restrict access to it is formally prohibited.

ARTICLE 4: DESCRIPTION OF SERVICES

The Platform is a portal allowing its Client Users to have access to data collection services concerning consumer products. These services, intended for companies producing or marketing these products, cover the collection of data.

Each Client is given a system allowing it to store its Data. This company account also includes several Client User accounts, which designate the natural persons operating on behalf of the company and who can access the online Platform to benefit from the services.

The Client Users, after having been invited to join the Platform, can connect to it via the link sent to them by email. This link allows them to enter their personal information such as contact details and access the services their company has subscribed to. Once connected to the Platform, the Client User has access to the various services that apply to their company’s Data.

ARTICLE 5: RESPONSABILITY

The sources of the information published on the Platform are deemed reliable but the Application does not guarantee that it is free of defects, errors or omissions.

The information provided is presented for information purposes only and has no contractual value. Despite regular updates, the Application cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in this site.

The User of the reserved services is responsible for keeping his/her password secret. Any disclosure of the password, in any form, is prohibited. The User assumes all risks related to the use of his/her login and password. The site declines any responsibility.

The Application cannot be held responsible for any viruses that may infect the computer or any computer equipment of the Internet user, following use, access or downloading from this site.

As part of the services provided by the Company through the Platform, it is indicated that the Company is only subject to an obligation of means and not of results. All information made available by the Platform is given for information purposes only and cannot constitute a commitment on the part of the Company as it is based on factors that go beyond the scope of the services provided by the Company. The Client alone bears the risks inherent in the performance of the results obtained through the Platform.

Furthermore, the Company shall not be held responsible for the lack of veracity of the information provided by one of the Client or Supplier Users during the performance of the services.

ARTICLE 6: COMPANY GUARANTEES

The Company guarantees the conformity of the Platform and the associated services with the documentation provided to the User.

However, the Company does not guarantee that the Platform is free of defects, which it undertakes to remedy with all due diligence and within a reasonable time following the User’s notification of the defects found.

This warranty does not extend to any harm or damage caused to the Client or the Supplier as a result of misuse of the Platform by a User, for which the Company shall not be held liable in any way. It also does not extend to the failure to achieve the objectives and results expected by the User in using the Platform.

ARTICLE 7: CUSTOMER SERVICE

Anomalies are reported via the web through a bug manager accessible to the Client.

beCPG sends its responses to the Client through the same manager, supplemented, if beCPG deems necessary, by direct telephone contact between the Parties’ respective contacts.

ARTICLE 8: PERSONAL DATA MANAGEMENT

The Site ensures that the Client User’s personal information is collected and processed with due respect for privacy in accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, the Law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (RGPD: No. 2016-679).

The purposes of the processing of the User’s Data are:

• The use of the Application and its associated services, the connection to the User’s personal space of the reserved services;
• The fight against computer fraud, in particular concerning attempts to intrude into the system or to interfere with its availability. Information such as the equipment used to connect to the service, the IP address or the password (hash) is therefore collected from the User;

The Company undertakes to restrict the use of the Data only to the uses presented above and not to communicate the Data to third parties outside of these uses.

The Client User may access the Data concerning him/her, rectify it, request its deletion or exercise his/her right to limit the processing of his/her Data. They may also withdraw their consent to the processing of their Data at any time, object to the processing of their Data or exercise their right to the portability of their Data.

To exercise these rights or for any question about the processing of your Data in this device, the Client User may contact the controller by email at contact@becpg.fr, or the customer service department of the service as mentioned in Article 7.

ARTICLE 9: DATA STORAGE AND SECURITY

All of the Client’s data is stored in a database on several servers dedicated to this purpose and secured. The Company undertakes to implement all state-of-the-art means to guarantee the security and integrity of the Client’s servers and databases, so that they cannot be damaged or communicated to unauthorized third parties. In addition, the Company uses recognized security protocols for the communication of the Client’s Data between the Company’s servers and the Client Users’ interface (HTTPS, based on TLS/SSL).

In the event of an incident occurring on all or part of the Company’s system that may affect the security and confidentiality of the Client’s Data, the Company undertakes to inform the Client as soon as possible of the status of the incident and to provide the Client with a protocol for restoring the level of security of its Data.

The Company also agrees to enforce practices among its personnel to ensure the security of the Client’s Data, not to copy or disclose the Client’s Data to unauthorized third parties, or to use the Client’s Data for purposes other than those presented in the context of the performance of the Company’s services.

ARTICLE 10: DATA PRIVACY

The Client User has a personal space on the Platform. This space allows the Client User to share his Data with the Client.

ARTICLE 11: DATA OWNERSHIP

The Data collected within the Platform and stored by the Company as part of the services remain the exclusive property of the Client or the Supplier who originated the Data through a Platform User. In this respect, the Client or the Supplier guarantees that it has all property rights concerning its Data, in particular reproduction, representation and distribution rights.

Furthermore, the owner of the Data is solely responsible for its veracity, independently of the other Users of the Platform or the Company. The owner of the Data therefore undertakes to ensure the accuracy, integrity, reliability and legality of the Data it transmits via the Platform. He therefore undertakes to comply with the laws and regulations in force, not to infringe the rights of third parties in his use of the Platform, and to store through it only data of a professional nature, not illicit, defamatory or illegal.

ARTICLE 12: INTELLECTUAL PROPERTY

The Clients, logos, signs and all the contents of the site (texts, images, sounds) are protected by the Intellectual Property Code and more particularly by copyright.

The User Client must request prior authorization from the site for any reproduction, publication or copy of the various contents. The User agrees to use the contents of the site in a strictly private context; any use for commercial or advertising purposes is strictly forbidden.

Any total or partial representation of this site by any process whatsoever without the express permission of the operator or website would constitute an infringement punishable by Article L 335-2 and following of the Code of Intellectual Property.

It is recalled in accordance with Article L122-5 of the Code of Intellectual Property that the User Client who reproduces, copies or publishes the protected content must cite the author and its source.

ARTICLE 13: MAINTENANCE

The Company informs the Client and its Users that the Platform may evolve in the normal course of updates allowing the addition of new features, as well as during corrective updates aimed at correcting defects observed in the use of the Platform.

The Company undertakes to regularly monitor the state of the Platform in order to detect any malfunctions that may be present, and to correct them within a reasonable period of time so as not to disrupt the use of the Platform by Client Users.

The Client is warned that, as part of its updates, access to the Platform may be temporarily interrupted or disrupted.

ARTICLE 14: COLLABORATION BETWEEN THE PARTIES

The proper performance of the services being linked to an active and regular collaboration of the Parties, it is agreed that they undertake to transmit to the other Party as soon as possible any information allowing to avoid any incident prejudicial to one or the other of the Parties in the framework of the services. Thus, each Party undertakes to be actively involved in the respect of its obligations, to provide the other Party with the information and documents necessary for their respect, and to inform each other of difficulties preventing their respect in order to define together solutions allowing to minimize the risks of each.

ARTICLE 15: HYPERLINKS

Hypertext links may be present on the site. The Client User is informed that by clicking on these links, he/she will leave the Application. The latter has no control over the web pages to which these links lead and cannot, in any case, be responsible for their content.

ARTICLE 16: COOKIES

The User is informed that during his visits to the site, a cookie may be automatically installed on his browser.

Cookies are small files that are temporarily stored on the hard drive of the User’s computer by his browser and that are necessary for the use of the www.becpg.net website. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the Client User’s visit, others remain.

The information contained in the cookies is used to improve the www.becpg.net site.

By browsing the site, the Client User accepts them.

However, the Client User must give his consent to the use of certain Cookies.

If the Client User does not accept, the Client User is informed that certain features or pages may be denied.

The Client User may deactivate these cookies by using the settings in his or her browser software.

ARTICLE 17: ELECTRONIC SIGNATURE

The electronic signature has, between the parties, the same probative value as the agreement on paper.

The computerized registers kept in the computer systems will be kept under reasonable security conditions and considered as proof of the communications between the parties.

The electronic signature of documents imported on the Platform is ensured thanks to an electronic certificate issued by a third-party certifier.

Thus, you may be required to electronically sign certificates or documents, which mark your commitment and that of the legal person you represent, thus engaging your full and entire responsibility and that of the legal person you represent.

Your electronic signature on the Platform constitutes acknowledgment of validity, authenticity and completeness.

You acknowledge and accept that the signature of the documents imported on the Platform corresponds to a sufficient degree of reliability to identify their signatory within the meaning of the provisions of article 1367 of the Civil Code. 

ARTICLE 18: APPLICABLE LAW AND JURISDICTION

In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute as to the meaning of a term or provision.

French law shall apply to this contract. In the event of failure to reach an amicable resolution of a dispute between the parties following the Client User’s written request, the latter may request, within one year, the opening of a mediation procedure for consumer disputes as defined in Article L612-1 of the Consumer Code.

In the event of failure of this procedure, the French courts shall have sole jurisdiction.

For any question relating to the application of the present GTU, you can contact the editor by e-mail at contact@becpg.fr.