TERMS

Terms and conditions of use

Preamble

These Terms and Conditions of Use (hereinafter “TCU”) govern the use of the website accessible at the URL https://www.groupecat.com (hereinafter the “Website”) published by Compagnie d’Affrètement et de Transport C.A.T., a simplified joint stock company, registered in the Nanterre Trade and Companies Register under number 572 158 269, with a share capital of €3,050,000, and whose registered office is located at 5-7, rue Frédéric Clavel 92150 Suresnes (France) (hereinafter “CAT S.A.S.”).

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://www.groupecat.com website are hereby informed of the identity of the various parties involved in its creation and monitoring:

Owner: Compagnie d’Affrètement et de Transport C.A.T. – SAS – 5-7, rue Frédéric Clavel 92150 Suresnes -France (CAT SAS)

The Website is hosted by CAT S.A.S.

Contact: Aude VILLAINNE – Groupe CAT Communications Manager; service.communication@groupecat.com, Tel 01 47 12 80 00

The Website’s publication director is Mr Walter Alejandro FORBES, Managing Director of CAT S.A.S.

Article 1 – Purpose of the Website and the Terms of Use

1.1 – Purpose of the Website

The purpose of the Website is to enable its users (hereinafter individually referred to as the “Internet User”) to obtain information about the Groupe CAT (CAT S.A.S. and all companies in which CAT S.A.S. has a stake) and, in particular, the services and activities offered by the Groupe CAT.

Access to the Website is free of charge.

1.2 – Purpose of the Terms of Use

The purpose of the Terms of Use is to define the terms and conditions under which CAT S.A.S. makes the Website available and the terms and conditions under which the Internet User accesses and uses the Website.

Article 2 – Acceptance of the Terms of Use

Any connection to the Website implies the express and unreserved acceptance of all of these Terms and Conditions by any Internet user who browses the Website. The Internet user confirms that they have read and understood all of the Terms and Conditions before using the Website and undertakes to comply strictly with them.

The Terms of Use are accessible at any time from the “Terms of Use” section at the bottom of the Website and may be viewed and printed at any time.

Article 3 – Modification of the Terms and Conditions

The Terms of Use may be modified and updated by CAT S.A.S. at any time, without prior notification to the Internet user, in particular to adapt to legislative or regulatory changes and to changes in information relating to the activities and services offered by the Groupe CAT.

The applicable Terms of Use are those in force at the time the User browses the Website. Each User is therefore invited to consult them regularly.

Article 4 – Access to and updating of the Website

CAT S.A.S. will endeavour as far as possible to keep the Website accessible to the User, but is under no obligation to do so.

It is specified that CAT S.A.S. cannot be held liable if the User is unable to use the Website for any reason whatsoever, in particular during periods when the information is being updated or the programmes and/or equipment necessary for the proper functioning of the Website or the extension of its functionalities are being improved.

Furthermore, CAT S.A.S. may interrupt the Website at any time, without notice or right to compensation. The Internet user acknowledges and accepts that CAT S.A.S. is not responsible for any interruptions and the consequences that may result for the Internet user. In the event of an interruption for technical maintenance, CAT SAS will endeavour to communicate the dates and times of the intervention. CAT S.A.S. also draws the Internet User’s attention to the fact that current Internet communication protocols do not guarantee the secure and continuous transmission of electronic exchanges (browsing the Website, messages, documents, identity of the sender or recipient). The Internet user acknowledges that CAT S.A.S. cannot be held liable in the event of malfunctions or interruptions to the aforementioned transmission networks. CAT S.A.S. therefore declines all responsibility in the event of data loss, intrusions, viruses, interruption of access to the Website or other problems unrelated to CAT S.A.S.

Article 5 – User obligations

When using the Website, each Internet User undertakes not to breach public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these Terms of Use.

The Internet User acknowledges that they have the necessary means and skills to use the Website. The equipment necessary to access and use the Website is the responsibility of the Internet User, as are the telecommunications costs incurred by their use.

Each User is obliged to:

Behave loyally towards the Groupe CAT and third parties;
Be honest and sincere in the information provided;
Use the Website in accordance with the purpose described in the Terms of Use;
Not misuse the purpose of the Website to commit crimes, offences or contraventions punishable under the Criminal Code or any other law;
Not seek to undermine, within the meaning of Articles 323-1 et seq. of the Criminal Code, the automated data processing systems implemented on the Website;
Not to modify the data and information posted online by CAT S.A.S.;
Not to insert hypertext links to a commercial website without the prior and express authorisation of CAT S.A.S.;
Not to use the Website to send unsolicited messages (advertising or other) on a large scale;
Never use a robot for any reason whatsoever. A “robot” is defined as any software tool designed to reproduce the actions of a human Internet user for the purpose of data entry, migration, mass downloading, load or performance testing and/or “stress testing”. The use of any automatic access tool is expressly prohibited;
Do not circumvent or attempt to circumvent the security features of the Website, restrictions on its use, or the copying of its content or services.

When the Internet user is asked to provide information enabling them to be identified by completing the form available on the Website for this purpose, the Internet user undertakes to provide accurate and complete data (surname, first name, email address, address, town, telephone number, etc.) which does not infringe, in any way whatsoever, the rights of third parties, whatever they may be.

The Internet user undertakes to update the aforementioned information and to correct any errors affecting it.

Article 6 – Information appearing on the Website

CAT S.A.S. makes every effort to display information on the Website that is as accurate, comprehensive and up-to-date as possible. However, CAT SAS cannot be held liable for any omissions, inaccuracies or deficiencies in the updating of information on the Website, whether caused by itself or by third-party partners who provide it with this information.

It is expressly agreed that the information is non-contractual, may contain technical or typographical inaccuracies and is subject to change without notice.

CAT S.A.S. assumes no responsibility for any errors that may be contained in the Website.

Article 7 – Intellectual property

The trademarks, trade names, logos, slogans, graphics, information, texts, data, images, photographs, visuals, videos and soundtracks contained on the Website, as well as the Website itself, without this list being exhaustive, are the exclusive intellectual property of their owners (CAT S.A.S., its subsidiaries, partners or others) and are protected by copyright and/or other intellectual property rights.

Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the Site, regardless of the means or process used, is prohibited without the prior written authorisation of CAT SAS. Access to the Site does not imply express or implied authorisation. Any unauthorised use of the website or any of the elements it contains will be considered an infringement and will be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the Intellectual Property Code.

Article 8 – Protection of personal data

CAT SAS is subject to the applicable rules on the protection of personal data, and in particular the European General Data Protection Regulation No. 2016/679 of 27 April 2016 (known as the “GDPR”), as well as all national laws implementing it.

The purpose of this Privacy Policy is to provide clear, simple and comprehensive information on how CAT SAS, in its capacity as data controller, collects and uses personal data concerning Users (“Personal Data”) and on the means available to Users to exercise their rights.

In general, any Internet user may visit the Website without having to disclose their identity or provide any personal information.

Personal data collected via the contact form is processed in accordance with the regulations in force (GDPR and the French Data Protection Act).

The information that must be provided is: surname, first name, email address and country. Optional information collected includes: telephone number, department concerned, subject of the request and content of the message.

This data is processed on the basis of the legitimate interest of CAT S.A.S., in order to enable the processing, follow-up and response to requests made by users. Personal data collected via the website is intended exclusively for CAT S.A.S. and is used only for the purpose of managing user requests.

CAT S.A.S. undertakes to protect the privacy of users and not to use their data for purposes other than those described above.

The site is hosted by CAT SAS.

As part of the technical maintenance and operation of the website, data may be transmitted to UNAMI, acting as a technical subcontractor, exclusively on the instructions of CAT SAS and in compliance with the legal and regulatory obligations applicable to the protection of personal data.

Personal data is never transferred or sold to third parties for commercial and/or promotional purposes.

It is not transferred to any country outside the European Union, unless legally required.

CAT S.A.S. ensures that all information it collects is treated as confidential. CAT SAS implements technical and organisational measures to ensure that Personal Data is stored in the most secure manner possible, for the period necessary to achieve the purposes pursued, in accordance with applicable law.

Personal data collected via the CAT SAS website is subject to appropriate technical and organisational measures to ensure a level of security appropriate to the risks, in accordance with applicable regulations.

These measures include, in particular:

Organisational measures:

access to data strictly limited to authorised persons in accordance with their duties;
raising employee awareness of confidentiality obligations and personal data protection;
contractual supervision of subcontractors involved in the website;
internal procedures for managing incidents and data breaches.

Technical measures:

hosting of data on CAT SAS’s internal infrastructure located in the European Union;
secure access to processing tools;
encryption of data exchanges via the HTTPS protocol;
regular backups and maintenance of information systems.

The data controller for personal data collected via the Website is CAT S.A.S., located at 5-7, rue Frédéric Clavel, 92150 Suresnes, France.

Personal data collected via the CAT SAS website is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and Law No. 78-17 of 6 January 1978, as amended.

The processing operations carried out are for the following purposes:

the management and follow-up of requests for information sent via the forms on the website;
communication of information relating to the Groupe CAT and its activities;
management of applications and CVs submitted via the website.

This processing is based on the following legal grounds:

the legitimate interest of CAT SAS in responding to requests for information and ensuring the Group’s institutional communication;
the implementation of pre-contractual measures for the processing of applications;
the consent of the User where required, in particular for the voluntary submission of data via forms.

Any Internet user who has submitted personal information about themselves on the Website has the right at any time to object (Article 38 of the law), access (Articles 39, 41 and 42 of the law), erase, restrict processing, transfer and rectify (Article 40 of the law) their data. Thus, they may require that information concerning them that is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited, be rectified, completed, clarified, updated or deleted.

Subject to the limitations provided for by the regulations in force, the User has the following rights with regard to their Personal Data:

The right of access – the User has the right to obtain confirmation as to whether or not their personal data is being processed by CAT SAS and how it is being used. The User also has the right to access their personal data by requesting a copy of the personal data concerning them. CAT SAS may refuse to provide information where this may reveal personal data about another person or adversely affect the rights of another person.
The right to rectification – the User may request that measures be taken to correct their personal data if it is inaccurate or incomplete.
The right to erasure – also known as the “right to be forgotten” – allows Users to request the erasure or deletion of their personal data when, for example, there is no compelling reason to continue using it or its use is unlawful. However, this is not a general right to erasure and there are some exceptions, including where we need to use the information to defend legal proceedings or to be able to comply with a legal obligation.
The right to restrict processing – the User has the right to “block” or prevent the further use of their personal data.
The right to data portability – Users have the right to obtain and reuse their personal data collected on the CAT SAS Website. This only applies to personal data provided and processed with the User’s consent. In this case, CAT SAS will provide a copy of this data in a structured, commonly used and machine-readable format or (where technically and financially feasible) CAT SAS may transmit your data directly to another data controller.
The right to object – the User has the right to object to certain types of processing, for reasons related to their particular situation, at any time. However, CAT SAS will be authorised to continue processing the User’s personal data if it is demonstrated that the processing is justified by compelling and legitimate reasons that override the interests, rights and freedoms of the User, or if CAT SAS needs it for the establishment, exercise or defence of legal claims.
The right to withdraw consent – where CAT SAS processes personal data on the basis of the User’s consent, the User has the right to withdraw their consent at any time. However, such withdrawal does not affect the lawfulness of the processing that took place prior to the withdrawal.
The right to provide us with instructions on the use of their personal data after their death – Users have the right to provide instructions on the management (e.g. storage, erasure and disclosure) of their data after their death. They may modify or revoke their instructions at any time.

The User may exercise these rights by writing to CAT S.A.S., Communication Department, 5-7, rue Frédéric Clavel 92150 Suresnes, France.

In accordance with Decree No. 2007-451 of 25 March 2007, requests must be made in writing, signed and accompanied by a photocopy of an identity document bearing the Internet user’s signature. The request must specify the address to which the reply should be sent. CAT S.A.S. will have two (2) months to respond, following receipt of the request.

Request for information:

When an Internet user requests information from CAT SAS concerning the Groupe CAT, they are invited to voluntarily provide personal data via the form on the website.

The data that must be provided are:

Surname
First name
Email address
Telephone number

Optional data collected includes:

Company/business
Department concerned
Subject of the request
Message content

The mandatory information is necessary to enable CAT SAS to process the request. Failure to provide this information will result in the request for information not being considered.

Personal data collected via the website is used exclusively to process and respond to requests for information made by the Internet user.

Personal data collected via the website is only accessible to authorised persons within CAT SAS, depending on their duties and responsibilities related to the processing of user requests.

The data may also be processed by external technical service providers, such as UNAMI, acting on the instructions of CAT SAS for the maintenance and proper functioning of the website. These service providers are subject to strict confidentiality and personal data protection obligations.

The data is not transferred to third parties for commercial or promotional purposes and is not transferred to any country outside the European Union, unless legally required.

The data provided by the Internet user is kept only for the time necessary to process their request and manage the website.

CAT SAS undertakes to subsequently implement a mechanism allowing the deletion of personal data when its storage is no longer necessary.

Submitting a Curriculum Vitae:

Data collected	Purpose/processing	Recipients	Retention period	Legal basis
Name	Assessment of application	Authorised persons within CAT SAS	Up to 2 years	Consent
First name	Assessment of the application	Same	Up to 2 years	Consent
Email	Application tracking management	Same	Up to 2 years	Consent
Telephone number	Application tracking management	Same	Up to 2 years	Consent
CV and supporting documents	Application assessment	Same	Up to 2 years	Consent
Optional information (position sought, current company, etc.)	Additional information for selection	Same	Up to 2 years	Consent

When an Internet user submits their CV to the website, they voluntarily provide personal data.

This data is used solely for the purpose of evaluating the application and managing the application process.

The data is accessible only to authorised persons within CAT SAS.

CVs and related information are kept for a maximum of 2 years, after which they are deleted or anonymised.

The processing is based on the consent given by the Internet user when submitting their CV.

Article 9 – Cookie Management

An information banner relating to cookies is displayed when browsing the Website.

However, to date, the Website does not place any cookies or trackers subject to the Internet user’s consent. The banner currently displayed is therefore for information purposes only and does not activate cookies for audience measurement, advertising tracking or personalisation. The Website may only use cookies that are strictly necessary for its technical operation, which do not require consent in accordance with applicable regulations.

In the event that cookies or trackers subject to consent are implemented at a later date, a compliant consent collection system will be deployed.

Article 10 – Characteristics of the Internet

The Internet user declares that they are aware of and accept the characteristics and limitations of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption and, more generally, the risks inherent in any connection and transmission over the Internet, the lack of protection of certain data against possible misuse and the risks of contamination by possible computer viruses or other computer infections circulating on the network.

Consequently, CAT S.A.S. shall under no circumstances be held liable for any damage directly or indirectly related to any of these characteristics and/or limitations.

The connection of any Internet user to the Website and the use of all or part of the Website is entirely at the Internet user’s own risk.

It is the responsibility of all Internet users to take all necessary measures to protect their own data and/or software stored on their computer equipment against any damage.

Article 11 – Liability of CAT S.A.S.

The content published on the Website is provided “as is” without any express or implied warranty of any kind. CAT S.A.S. reserves the right to modify, correct, interrupt and/or delete the content or access to the Website at any time without notice.

CAT S.A.S. cannot be held liable in the event of contamination of the Internet User’s computer equipment resulting from the spread of a virus or other computer infections. It is the Internet User’s responsibility to take all appropriate measures to protect their computer equipment.

Under no circumstances does CAT S.A.S. give any guarantee whatsoever and cannot be held liable, under an action in contractual liability, tortious liability or any other action, for any direct or indirect damage, incidental or consequential damage, or damage of any kind whatsoever, or any loss, in particular of a financial or commercial nature, resulting from the use of the Website or any information obtained on the Website.

Article 12 – Disclaimer regarding third-party websites – Hypertext links

The pages of the Website contain links (i.e. hypertext links) to other websites published, operated or managed by third parties, the content of which CAT S.A.S. is unaware of or has no control over. CAT S.A.S. simply facilitates access to these websites without assuming any responsibility whatsoever for their content. The owners of these sites are solely responsible for the content of their site(s), and CAT S.A.S. cannot be held liable, directly or indirectly, in the event that these third-party sites do not comply with current or future legal and regulatory provisions, nor can CAT S.A.S. be held liable for the consequences of such non-compliance.

Internet users may only set up a link to the Website with the express written authorisation of CAT S.A.S.

Article 13 – Autonomy of the clauses of the Terms of Use

If one or more provisions of the Terms of Use are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other provisions shall remain in full force and effect. CAT S.A.S. shall then replace the clause declared null and void with a clause that most closely approximates the content of the clause initially agreed upon.

Article 14 – Jurisdiction and applicable law

The Terms of Use and the relationship between the User and CAT S.A.S. arising from the Website are governed by French law, excluding the rules of French law on conflicts of law. To the extent permitted by law, any dispute relating to the validity, interpretation or execution of the Terms of Use or the use of the Website, and after failure of any conciliation to reach an amicable agreement in the event of any dispute relating to the Terms of Use, including their validity, shall be submitted to the competent courts of Paris, France, even in the event of summary proceedings, the introduction of third parties or multiple defendants.

Article 15 – Language of the Terms of Use

The Terms of Use are written in French and may be translated into foreign languages for information purposes only. In the event of any difficulty in interpretation, only the French version shall be deemed authentic.