TERMS AND CONDITIONS OF USE
The purpose of these Terms and Conditions of Use (hereinafter “TCU”) is to define the conditions for accessing and using the Sophie User Club site (hereinafter the “Site”).
The use of the Site is conditional on compliance with these TCU which all users acknowledge they accept unreservedly by accessing the said Site. Users who do not wish to be bound by these TCU must immediately leave the Site and stop using it.
The Site is published by Thales OPTRONIQUE SAS, a simplified joint-stock company with registered capital €56,243,648.00 whose registered office is at 2 Avenue Gay Lussac, 78990 Elancourt, France,, listed on the Versailles Trade and Companies Register under No. 398 993 899, contactable on (+33) 1 34 81 60 00 (hereinafter “Thales”).
The head of publication is Mr Patrice Marquet.
The site is hosted by Agence Quatre Vingt Deux Agency, whose registered office is at 102 rue Réaumur 75 002 Paris listed on the Trade and Companies Register under No. 798 894 788.
Clause 1 – Definitions
For thorough understanding of these Terms and Conditions of Use users should refer to the following definitions:
“Site”: refers to all the electronic services published by Thales in the web, mobile and tablet versions, accessible by a network whether wireless or otherwise, from a browser or an application, irrespective of the means of access used.
“Content”: refers to all the audio-visual, text, sound, graphic and photographic components, software, applications and animations available on the Site.
“User”: refers to any person accessing the site, irrespective of the network or medium used.
Clause 2 – Purpose of the site
The site enables users to:
Consult information on the products marketed by Thales,
Post comments on the dedicated spaces on the Site,
Clause 3 – Access to the site
Thales grants the User unrestricted, free, non-exclusive access to the entire Site for the purpose of individual consultation within the strict framework of the professional circle. The right of access enables the User to consult the Site and use the Content within the framework of these Terms and Conditions of Use.
The services proposed on the Site require User authentication.
Thales is not bound by any results obligation in terms of Site operation and Content availability.
The User therefore expressly recognises that Thales may block access to all or any of the Site or Content at any time, particularly due to technical or legal constraints or limitations, without giving prior notice and at its discretion.
Clause 4 – Use of forums
Thales provides users with forums in which they may share their comments and reactions to products. The forums are generally located at the bottom of the page under the product description.
The use of forums is subject to the unreserved acceptance and application of these conditions.
4.1 Ways of accessing forums
In order to post comments Users must:
Click on “comment”
Identify themselves giving their name or pseudonym (which must not violate public order and/or the rights of others) and a valid email address. Users will then be identified as the author of comments by their name or pseudonym. No other information about them will be available to the public.
Enter the comment.
Send the comment.
Comments thus sent will be posted on the forums located beneath the products and stored for three years unless the Users ask for them to be deleted or Thales decides to remove them for the reasons given below.
Users are responsible for any misappropriation and/or any actions performed in their name or pseudonym. In the event of misappropriation of a pseudonym or identity theft, Users must notify Thales of the fact immediately.
4.2 Users’ obligations on the forums
a. Users are responsible for any comments they post on the Site’s forums. They therefore agree to comply with the laws and regulations in force and the rules governing public order and decency.
b. In particular Users must refrain from:
pretending to be another person or expressing themselves on behalf of a company, association, etc. without authorisation,
spreading fake news,
disclosing confidential information,
uploading components containing viruses,
harassing another User or third party in any way whatsoever, particularly by repeating identical or similar messages,
expressing views inciting hatred, violence, suicide, terrorism, the practice of illegal activities or committing crimes or offences,
expressing discriminatory views or ones that are inappropriate to the purpose of the site,
advertising a brand, product or service,
collecting and storing personal data of other Users,
manipulating the pseudonym in order to conceal the origin of the message uploaded on the Site,
behaving in such a way as to harm the image and/or reputation of Thales.
c. Users undertake not to promote websites in their comments that contravene these Terms and Conditions of Use and particularly not to insert hypertext links in their comments to sites that contravene these terms and conditions.
d. Users undertake to issue reliable information that enables Thales to contact them if necessary.
e. Users have the possibility of notifying of comments they consider abusive by clicking the “Report abuse” icon.
4.3 Forum moderation
Comments sent by Users are likely to be moderated by Thales in view of these Terms and Conditions of Use before or after publication on the Site.
In the event of moderation before publication, Users will be notified of the fact when they send their comment.
Thales reserves the right, without notifying Users beforehand, to delete or not publish all or part of comments that contravene these Terms and Conditions of Use or the laws and regulations in force.
Thales may also prohibit, either temporarily or permanently, access to forums for users who breach these Terms and Conditions of Use.
Users may also ask Thales at any time to delete their comments by writing to the communications department (2 Avenue Gay Lussac 78990 Elancourt, France) ensuring they provide the following information: the title of the message and publication date, name or pseudonym of the User as well as the URL of the forums concerned.
4.5 Liability and guaranties of users
Users accept that the comments they post will be made publicly available on the forums. They therefore authorise Thales free of charge to make them publicly available on the Site, irrespective of the process or medium used to access them. They also accept that comments may be removed from the Site by Thales without prior warning.
Users guarantee Thales that they have any authorisation they may need to publish and/or share the comments they post on the Site forums, particularly regarding the right to privacy, image rights relative to people and property, Intellectual Property Law, (copyright, trademark law, etc.).
Users acknowledge and accept that they are responsible for the comments they post on the Site forums and guarantee Thales against any claims or recourse that may be made against it due to comments posted by the User.
Thales reserves the right, at its discretion, to maintain on line, delete or moderate at any time all or part of the components of the forums, without informing the User beforehand, without, however, its liability being incurred as a consequence.
Thales declines any liability for the deletion of comments published on the Site forums.
Clause 5 – Copyright, trademark law and other intellectual property rights
This site and its content are protected by copyright and/or other intellectual property rights which are owned by Thales or third parties.
The reproduction and use of the components of the site (and any information included such as, but not limited to, articles, graphic images, photos, diagrams, video recordings, etc.) are authorised on condition that:
the reproduction and use thereof are strictly for information, for non-commercial purposes within your organisation to familiarise yourself with Thales, and
all mentions of origin and in particular “all rights reserved – 2017 – Thales” appear on all reproductions, and
the components and information are not modified in full or in part in any way whatsoever.
All other rights governing reproduction and/or use are expressly prohibited.
In addition, certain names quoted may be protected by brands owned by Thales or third parties even though the protection may not necessarily be stipulated.
Clause 6 – Exclusions of guarantee and liability
The components of this site are given as general information only and may not be used as the basis for any transaction whatsoever.
The information published on this site, either in full or part, is provided as it stands without any guarantee being given, whether express or implicit, as to, but not limited to, genuine and merchantable quality, fitness for a specific purpose or absence of breach of third party rights.
Thales provides no guarantee of the accuracy or completeness of the components and/or information published on the site.
Thales does not guarantee in any way whatsoever uninterrupted access to the site or site security and absence of any viruses or other malware (including in the site components and information therein).
Users are solely liable for using the site components and any information included therein as well as accessing the site. Thales declines liability for any damage whatsoever, including but not limited to, direct and consequential loss that may result from accessing the site and using all or any of the components and information contained therein.
Clause 7 – Hypertext links
This Site may contain links to other sites. Such links are provided for convenience alone and the inclusion of these links does not imply in any way whatsoever control of the components of the sites to which the links give access or any approval or any guarantee whatsoever over the components. Users are solely liable for accessing these sites.
Clause 8 – Issue of information by users
Any information or request for information you may send Thales via the site or email to which the site may provide access, is considered non-confidential.
You may also send your information or requests by post to Thales’ registered office to the department specified in the relevant section of this site.
Clause 9 – Modifications
Thales may modify at any time without notification the components published on this site or any information contained therein.
Clause 10 – Protection of personal data
The information gathered undergoes IT processing in order to manage users’ opinions on products, services and content.
In application of the French Data Protection Law No. 78-17 of 6 January 1978 and EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, users who leave comments on the Site are entitled to be informed of the identity and contact details of the processing manager, the purpose of the processing, the recipients of the data, the period for which the data will be stored, a right to access, rectify or delete data, or a limitation of the processing regarding the person concerned, a right to be forgotten, or a right to oppose the processing and the right over the portability of data. (Article 13 information to be provided when the data is collected from the person concerned, from Regulation 2016/679).
Again in compliance with the French Data Protection Law of 6 January 1978 modified in 2004 and with the European Directive of 24 October 1995, users are entitled to access and rectify information about them. The right may be exercised by writing to Thales OPTRONIQUE, 2 avenue Gay Lussac, 78,990 Elancourt, France. Communications Department.
Clause 11 – Dispute settlement
Any disputes between the parties over the existence, validity, interpretation, performance or termination of these Terms and Conditions of Use (or any of its clauses), which the parties fail to solve amicably, will be submitted to the relevant courts in Paris.