TERMS

General Terms of Use

Preamble

These General Terms of Use (“GTU”) govern the use of the website accessible via the URL http://www.groupecat.com (the “Website”) published by Compagnie d’Affrètement et de Transport, a simplified joint-stock company listed in the Nanterre Trade and Companies Register under number 572 158 269, with authorised capital of €3,050,000, and registered office at 49 quai Alphonse Le Gallo, 92100 Boulogne-Billancourt, France (“CAT S.A.S.”).

The publishing director of the Website is Walter Alejandro Forbes, the Chief Executive Officer of CAT S.A.S.

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

Users can contact the communication department of CAT S.A.S. by emailing to service.communication@groupecat.com, or by phoning +33 (0)1 47 12 80 00.

Article 1 – Purpose of the Website and the GTU

1.1 – Purpose of the Website

The purpose of the Website is to allow its users (hereinafter individually “User” with “he” meaning either gender) to obtain information about Groupe CAT (CAT S.A.S. and all entities in which CAT S.A.S. has an equity interest) as well as the services and activities offered by Groupe CAT.

Access to the Website is unrestricted and free of charge.

1.2 – Purpose of the GTU

The purpose of the GTU is to set out the terms and conditions whereby CAT S.A.S. makes the Website available and User accesses and uses the Website.

Article 2 – Acceptance of GTU

TConnection to the Website implies express unreserved acceptance of the entire GTU by any User wishing to browse the Website. User confirms that he has read and understood the entire GTU before using the Website and agrees to comply with it.

The GTU are available at all times via the “General Terms of Use” heading at the bottom of the Website page and can be viewed and printed at any time.

Article 3 – Changes to GTU

The GTU may be amended and updated by CAT S.A.S. at any time without prior notice to User, to reflect changes to laws or regulations or to activities and services offered by Groupe CAT.

The applicable GTU are those in force at the time that the User is browsing the Website.

Article 4 – Website access and updates

CAT S.A.S. does its utmost to ensure that the User can access the Website but it has no obligation to ensure that the User will always be able to do so successfully.

CAT S.A.S. is not liable for a User’s inability to access the Website regardless of the reason for such inability, particularly at times when Website information is being updated, functionalities are being improved, or equipment is being upgraded to extend the Website’s functionalities.

CAT S.A.S. may also have to interrupt the Website at any time, without prior warning, and without compensation to User. User acknowledges and agrees that CAT S.A.S. shall not be liable for interruptions and their consequences for the User.

CAT S.A.S. draws the User’s attention in particular to the fact that Internet-based communication protocols cannot guarantee connection or continuous exchange of electronic information (navigation to the Website, messages, documents, sender’s identity or recipient’s identity). User acknowledges that CAT S.A.S. shall not be liable for malfunctions or interruptions in said transmission network services. CAT S.A.S. shall not be liable for loss of data, hacking, viruses, inability to access the Website or other problems beyond the control of CAT S.A.S.

Article 5 – Obligation of User

User promises, when using the Website, to do nothing that may undermine public order, and to comply with applicable laws and regulations, to respect the rights of third parties and to comply with these GTU.

User acknowledges that he has the necessary resources and skills to use the Website. User shall be responsible for and bear the cost of the equipment necessary for accessing the Website and for the telecommunication costs resulting from their use.

User must:

  • Behave honestly and reasonably towards Groupe CAT and third parties;
  • Be honest when providing information;
  • Use the Website for the purposes stated in the GTU;
  • Not misuse or hijack the Website to commit crimes, misdemeanours or violations of the Criminal Code or any other law;
  • Not interfere, in the sense of Articles 323-1 and subsequent of the Criminal Code, with the Website’s automated data processing;
  • Not change any data or information posted online by CAT S.A.S.;
  • Not insert hypertext links to a commercial website without the prior express consent of CAT S.A.S.;
  • Not use the Website for mass unsolicited emailing (for advertising or other purposes);
  • Never use a robot for any reason. “Robot” means any software designed to mimic the actions of a human to input or migrate data, do mass downloads, or do stress tests (of load and performance). The use of automated login tools is expressly prohibited;
  • Not circumvent or attempt to circumvent the Website’s security features, including restrictions on its use or on the copying of its content or services offered.

When User is asked to provide identity information to fill in the form on the Website, User promises to provide honest, accurate and complete data (full name, address, city, phone, etc.) that does not infringe the rights of third parties in any way.

User promises to update and correct all information about him as necessary.

Article 6 – Information posted on the Website

CAT S.A.S. makes best efforts to provide information that is accurate, comprehensive and up-to-date. However, CAT S.A.S. cannot guarantee that information provided by a third party is accurate, complete, or has not been changed by hacking or virus, or is up-to-date.

The Parties expressly agree that Website information is not contractual, may contain technical or typographic inaccuracies, and is subject to change without prior notice.

CAT S.A.S. shall not be liable for any error on the Website.

Article 7 – Intellectual Property

All intellectual property including, but not limited to, trademarks, business names, logos, slogans, graphics, information, text, data, images, photos, visuals, videos and soundtracks on the Website, as well as the Website itself, are the exclusive intellectual property of their owners (CAT S.A.S., its subsidiaries, partners and others) and are protected by copyright and/or other intellectual property rights.

Consequently, access to the Website gives no express or implicit authorisation to User to reproduce, copy, use or represent in whole or in part by any method, the trademarks, business names, logos, slogans, graphics, information, text, data, images, photos, visuals, videos, or soundtracks contained on the Website, or the Website itself.

Article 8 – Data Privacy

In general, any User may visit the Website without having to disclose his identity or provide personal information.

CAT S.A.S. acknowledges the importance of protecting the privacy of anyone who has agreed to the collection and/or use of their personal data.

CAT S.A.S. will not collect or utilise User’s personal data without User’s informed consent.

User’s personal data will not be sold to a third party or sent to a country outside the European Union.

CAT S.A.S. ensures that all the information it gathers is treated as confidential information.

The entity responsible for processing personal data collected via the Website is CAT S.A.S., Human Resources and Communication Department, 49 quai Alphonse Le Gallo – 92100 Boulogne-Billancourt.

In accordance with Law 78-17 of 6 January 1978 as amended, applicant data (CV) processing is declared to the French data protection authority (C.N.I.L.). The processing of personal data to obtain information about Groupe CAT is governed by the simplified standard NS-048.

A User who has input his personal data on the Website is entitled to see, correct or delete it (Articles 38, 39, 40, 41, 42). Specifically, User may request that any information about him that is inaccurate, incomplete, ambiguous, superseded, or whose collection or communication is prohibited, be corrected, supplemented, clarified, updated or deleted. User may exercise this right by writing to CAT S.A.S., Service Communication, 49, quai Alphonse Le Gallo, 92100 Boulogne-Billancourt, France.

Under Decree 2007-451 of 25 March 2007, such requests must be submitted in writing, must be signed, and must include a photocopy of an identity document bearing the User’s signature. The request must state the address to which the reply should be sent. CAT S.A.S. must reply within two months of receiving the request.

Request for Information::

When User requests information from CAT S.A.S. about Groupe CAT, User must voluntarily provide personal data including his full name, phone number and email address. This data must be collected, to be able to reply to User’s information request. Should User fail to do so, he will be notified that his information request cannot be considered.

User consents to the use of personal data collected for the purpose of replying to information requests.

Recipients of personal data are strictly limited to persons authorised to know that information because they need it to exercise their functions. The data recipients are the Communication Department, Human Resources & Communication, and the Marketing department of the Groupe CAT company impacted by the request.

Retention Period: Data sent by User is deleted 2 months after it was saved.

Submission of Curriculum Vitae: :

When a User wishes to post a Curriculum Vitae (“CV”) on the Website, the User is asked to voluntarily submit personal information such as his full name, phone number, and email address. This information is mandatory because Groupe CAT needs it to assess User’s ability to do the job at Groupe CAT.

User consents to the use of the personal data he has submitted to assess his ability to do a job, and to sort job applications.

Recipients of personal data are strictly limited to persons authorised to know that information because they need it to exercise their functions. Data recipients are: the Human Resources and Communication Department, persons in charge of hiring at CAT S.A.S. or Groupe CAT company concerned.

Retention Period: CVs are saved for up to two years from the date that they are submitted. They are then destroyed.

Article 9 – Cookies

A cookie is a text file loaded onto to the hard disk of a terminal (computer, smartphone, tablet, or other Internet-capable device) when a User visits a website or clicks on an ad. Its purpose is to collect anonymous information (information tagged to the terminal used to access the Website) regarding the navigation on the websites and to eventually address to the User customised services and contents.

The Website uses Google Analytics cookies to track and report website traffic. Google Analytics allows website owners and applications to better understand their users’ behaviour. This tool can use cookies to collect information and generate statistical reports of website use without individual users being identified personally by Google.

By accessing the Website, User consents to the installation of Google cookies to access, log, and view the information stored on the terminal.

User can decline to agree to cookies when configuring his browser. Note: User may find some browsing paths and/or functionalities on the Website altered or disabled if he disables cookies.

User is informed that he cannot browse the Website unless he accepts cookies.

Cookies vary in duration depending on their underlying function, but always expire within 13 months of the User’s first connection to the Website.

Article 10 – Internet characteristics

User states that he understands and accepts the characteristics and limits of the Internet, particularly in terms of technical performance and response time, to view, request or transfer information, including the risk of interruption, and in general the risks inherent in any Internet connection and transmission, the inadequacies of data protection protocols, risk of infection by computer viruses, and malware in general.

CAT S.A.S. shall therefore not be liable for any direct or consequential loss connected in any way with any of its characteristics or limitations.

User is solely and fully responsible for his connection to and use of the Website.
It is the User’s responsibility to do everything necessary to protect from attack his data and/or software stored on his computer equipment.

Article 11 – Liability of CAT S.A.S.

Website content is broadcast on an “as is” basis with no express or implied warranty of any kind. CAT S.A.S. reserves the right to amend, correct, interrupt and/or delete content or access to the Website at any time without prior notice.

CAT S.A.S. shall not be liable for corruption of information by computer viruses or similar infections. It is the User’s responsibility to take all appropriate measures to protect his computer equipment.

CAT S.A.S. offers no guarantees regarding, and shall under no circumstances be held liable in any way for, breach of contract for negligence or direct or consequential damages, ancillary or incidental, of any kind, including financial or commercial loss resulting from the use of the Website or any information obtained from the Website.

Article 12 – Denial of liability for third-party websites — Hypertext links

The Web pages contain links (e.g., hypertext links) to other published websites, used or managed by third parties, the content of which CAT S.A.S. has no knowledge or cannot control. CAT S.A.S. merely facilitates access to those websites without taking any responsibility of any kind for their content.

The owners of such websites are solely responsible for the content of their pages, and CAT S.A.S. cannot be held directly or indirectly liable should said websites not comply with applicable existing or future laws or regulations, as CAT S.A.S. cannot be held liable for the consequences of their non-compliance.

User may not install a direct link to the Website without the express written consent of CAT S.A.S.

Article 13 – Independence of GTU clauses

Should any provision of the GTU be ruled unlawful or unenforceable on legal or regulatory grounds by a competent court, the remaining provisions shall retain their full force and scope. CAT S.A.S. will do its utmost to replace the offending clause with a clause whose content is as close as possible to the offending one.

Article 14 – Jurisdiction and Governing Law

The GTU and the relationships between User and CAT S.A.S. flowing from the Website are governed by the Law of France, excluding its conflicts of law provisions.

To the extent permitted by law, any dispute regarding the validity, interpretation or execution of the GTU or use of the Website, including the validity of the GTU, that fails to be resolved on an amicable basis shall be referred to the competent courts of Paris, France, even when involving emergency proceedings, third party appeals or multiple respondents.

Article 15 – Language of the GTU

The GTU are drafted in French and may be translated into other languages for information purposes. In the event of a dispute over interpretation, the French language version shall be binding.