General terms of use

The websites www.cartographit.com and https://app.cartographit.com/ (hereinafter together referred to as the “Platform”) are published and managed by NIXIAL, a simplified joint-stock company (société par actions simplifiée) registered with the Toulouse Trade and Companies Register (Registre du Commerce et des Sociétés) under number 911 206 738, whose registered office is at 5 Rue du Professeur Pierre Vellas, 31300 Toulouse (hereinafter “NIXIAL”).

The Platform is intended for companies wishing to be able to map their information systems in order to make them easier to manage and protect.

The purpose of these general terms of use (hereinafter the “GTU”) is to define the conditions of use of the Platform.

Consultation of the Platform by any user, whether the company taking out a subscription, its subordinates, employees or any third party it appoints to operate its account on the Platform (hereinafter “the User”), constitutes acceptance of the GTU.

It is expressly agreed that any provision contrary to those set out in the GTU shall be deemed unwritten and that, should any of the clauses be declared null and void or ineffective, the validity of the other clauses shall not be affected.

The GTU may be amended, and it is the User’s responsibility to consult the latest version of said terms on each of their visits.

The Platform is accessible to any User with internet access.

NIXIAL makes every effort to ensure good-quality access to the Platform, but the User remains solely responsible for the proper functioning of their internet access and their IT equipment.

All costs relating to access to the Platform (hardware, software or internet access costs) are borne by the User.

The User declares that they accept the characteristics and limits of the internet and acknowledges that they are aware of the nature of the internet network and, in particular, of its technical performance and, more generally, of the risks inherent in any connection and transmission on or via the internet.

The Platform is accessible 24 hours a day, 7 days a week, except in cases of force majeure, fortuitous events (cas fortuit) or acts of a third party, such as those usually recognised and defined by the case law of the French courts.

Likewise, on an exceptional basis, the User is informed that the operation of the Platform may be temporarily suspended to allow NIXIAL and/or its service providers to carry out maintenance operations and/or technical operations.

The User may not claim any loss or damage from NIXIAL in the event of temporary inaccessibility of the Platform.

NIXIAL reserves the right to refuse access to the Platform at any time to any User in the event of non-compliance by the latter with the GTU, or of infringement of the rights of NIXIAL (in particular intellectual property rights) or of the rights of third parties.

The User undertakes to comply with these GTU.

Any breach and/or any unauthorised use of the Platform or its content by the User may give rise to the award of damages and/or any other sanction in the context of legal proceedings, in particular in the event of infringement by the User of the intellectual property rights of NIXIAL or of third parties.

NIXIAL uses its best efforts to ensure that the information and content of the Platform are as accurate and up to date as possible.

The Platform is updated periodically.

Should the Platform contain inaccuracies/ omissions/ errors or be subject to malfunctions, the User is invited to inform NIXIAL.

Any content downloaded from the Platform is downloaded at the User’s own risk and under their sole responsibility.

It is specified that the images, photographs, infographics and/or diagrams on the Platform are provided for information purposes only and have no contractual value.

In addition, NIXIAL declines all liability, in particular in the following cases:

• defective operation of the User’s infrastructure (hardware, software, operating system…)
• malfunctions likely to occur in the User’s network resources (bandwidth slowdown, internet network congestion…)
• interruption of services due to maintenance operations or technical incidents
• security of systems (e.g. viruses…)
• identity theft of the User

In general, NIXIAL cannot be held liable for the consequences of the User’s breach of these GTU.

The Platform may contain hypertext links to sites published and managed by third parties.

It is expressly specified that these sites are not under the control of NIXIAL.

Consequently, NIXIAL cannot be held liable for the availability or unavailability of these sites, or for the content, advertising or services offered by these sites.

The Platform contains different types of cookies:

• Technical cookies: essential for the User’s navigation, to ensure the operation of the Platform and to make the User’s visit easier (keycloak).
• Security cookies: intended to secure the User’s visit to the Platform, in particular during online payments, to prevent fraud (keycloak, stripe).

On the User’s first visit to the Platform, NIXIAL will ask for their permission to place these cookies necessary for their consent.

By saving their preferences, the User authorises NIXIAL to use the selected cookies and extensions.

In accordance with the recommendations of the CNIL, the maximum retention period of cookies is 6 months at most after they are first placed on the User’s device, as is the period of validity of the User’s consent to the use of these cookies.

The User can change the settings of their internet browser at any time in order to accept, configure or, on the contrary, refuse cookies.

Several options are available to the User: accept all cookies, be notified when a cookie is stored, or systematically refuse all cookies.

Each internet browser offers different configuration methods for managing cookies:

• FireFox: https://support.mozilla.org/fr/kb/enable-and-disable-cookies-website-preferences
• Chrome: https://support.google.com/accounts/answer/61416?hl=fr
• Safari: https://www.apple.com/legal/privacy/fr-ww/

The User is informed that the Platform may not work properly if all cookies are disabled.

NIXIAL reserves the option to place other cookies on the Platform in the future and hereby informs the User of this.

These cookies may be of different kinds.

Depending on the nature of the cookies placed on the Platform, NIXIAL will not fail to obtain the User’s consent where this is necessary, in accordance with the legislation in force.

Personal data means any information relating to an identified or identifiable natural person.

The personal data that may be collected via the Platform is as follows:

• Last name and first name
• Email address
• Telephone number
• Job title
• Photograph (to illustrate their profile)
• Language spoken (for the choice of the Platform’s language)
• Data collected through cookies, in particular the IP address and unique identifier of the User’s device

The personal information collected via the Platform is confidential and is intended to be processed mainly for the purpose of performing the contracts to which the User is a party or of taking pre-contractual measures at their request, namely:

• Creating and/or updating the User’s profile,
• Responding to requests for information made by the User and/or processing their requests.

This processing is also based on the legitimate interest of NIXIAL, in particular in the context of carrying out verification and security measures and in order to comply with the applicable regulations and legislation.

Finally, some processing is carried out with the User’s consent (e.g. information provided by the User themselves by message).

NIXIAL undertakes not to make any use of personal data contrary to the legislation in force on personal data.

NIXIAL keeps the User’s personal data for the time strictly necessary to achieve the purposes for which it is collected.

Accordingly, when NIXIAL no longer needs to use the User’s personal data, it is deleted from its systems and records or anonymised so that the User can no longer be identified, subject to retention for archiving purposes, for the handling of complaints and disputes, and to meet the legal and/or regulatory obligations incumbent on NIXIAL or to respond to requests from authorities entitled to make them.

By way of exception, personal data that may be collected through cookies and trackers is kept for a maximum period of twenty-five months from its collection.

The personal data collected is intended for NIXIAL and, where applicable, for its technical service providers.

NIXIAL undertakes to ensure that only duly authorised persons can access the personal data collected when this is necessary for the above-mentioned purposes.

NIXIAL will not disclose the personal data collected to third parties for commercial purposes.

NIXIAL will only disclose this information if necessary and, where possible, in a form that does not allow direct identification.

Pursuant to Law No. 78-17 of 6 January 1978 and to the data protection and security measures required for residents of the European Union / European Economic Area under the EU General Data Protection Regulation (GDPR) 2016/679, the User has the following rights:

• Right to information: the User has the right to obtain clear, transparent and understandable information on how NIXIAL uses their personal data and on their rights;
• Right of access: the User has the right to access the personal data that NIXIAL holds about them;
• Right to rectification: the User has the right to have their personal data rectified if it is inaccurate or out of date and/or to have it completed if it is incomplete;
• Right to erasure / right to be forgotten: the User has the right to have their data erased or deleted. However, this right may be limited by a legal ground or by NIXIAL’s legitimate interest in keeping their personal data;
• Right to object: The User may at any time refuse to have their personal data used;
• Right to withdraw consent at any time for processing based on consent: the User may withdraw their consent to the processing of their data where this processing is based on consent;
• Right to data portability: the User has the right to move, copy or transfer data from NIXIAL’s database to another. This right applies only to the data they have provided, and provided that the processing is based on a contract or on the User’s consent and carried out by automated means.

The User may exercise the rights described above by contacting NIXIAL as set out below.

The User also has the right to give specific or general instructions regarding the retention, erasure and communication of their data after their death.

The User may contact NIXIAL if they wish to exercise their rights or if they have any questions or complaints regarding the processing of their personal data:

• Société NIXIAL
• 5 Rue du Professeur Pierre Vellas, 31300 Toulouse
• Email: contact@cartographit.com

The User may contact the CNIL at any time should they wish to lodge a complaint about NIXIAL’s data protection practices:

• Commission Nationale de l’Informatique et des Libertés – CNIL
• 3 Place de Fontenoy
• TSA 80715 – 75334 Paris, Cedex 07
• Tel. +33 1 53 73 22 22
• Fax +33 1 53 73 22 00
• Website: http://www.cnil.fr

However, the User is advised to contact NIXIAL first before lodging a complaint with the CNIL, as NIXIAL remains fully available to the User to settle any disputes.

The photographs, infographics, videos, logos, trademarks, distinctive signs, texts and software on the Platform are protected by intellectual property rights.

Accordingly, any reproduction, modification, transmission, exploitation and/or misappropriation, by any process whatsoever, of all or part of the Platform and/or its textual, software, visual, sound or other content is strictly prohibited, on pain of legal proceedings, in particular criminal proceedings.

NIXIAL reserves the right to take legal action against any person who makes unauthorised use of the Platform and its content (trademarks, designs, models, software, graphic charter (charte graphique), infographics, logos, photographs, videos, scripts…) and/or, in general, uses or damages its image without its authorisation.

However, NIXIAL authorises the User to reproduce its CARTOGRAPHIT trademarks for information and/or promotional purposes, provided that this does not create a risk of confusion and provided that these reproductions are non-profit-making and respect its rights and its image.

In all cases, NIXIAL retains a right of veto over any reproduction of its trademarks made directly or indirectly by the User, who undertakes to withdraw the reproduction objected to at NIXIAL’s first request.

Any dispute relating to the application and/or interpretation of the GTU shall be governed by French law.

It must first be the subject of an attempt at amicable settlement.

Failing amicable resolution, the dispute shall be brought before the competent court under the ordinary rules of law (droit commun) in the event of a dispute with a User who is a consumer within the meaning of the preliminary article (article liminaire) of the French Consumer Code (Code de la consommation), and before the courts having jurisdiction over NIXIAL’s registered office in the event of a dispute with a User who is a professional within the meaning of the same article.