Privacy Policy

Legal Notice and Personal Data Protection Charter

ARTICLE 1: LEGAL NOTICE

The website www.equadis.com allows you to access information about the activities and the company EQUADIS SA.

The website www.gaia.equadis.com facilitates the exchange of data among professionals (industrials and distributors).

1.Publisher Information For the equadis.com and gaia.equadis.com websites:

The websites are published by the company EQUADIS S.A., a Swiss public limited company with a share capital of CHF 1’628’215.80, registered at Rue du Tunnel 6, 1227 Carouge GE, Switzerland, and listed in the Geneva Trade Register under number CHE-104.514.830.

Customer Service Contact:

To contact us: +41 22 319 42 72

Mailing address: EQUADIS S.A. customer service, Rue du Tunnel 6, 1227 Carouge GE, Switzerland

Editor-in-chief: Ghislain Esquerre

2. Hosting Provider Reference

The website www.equadis.com is hosted by Infomaniak Network SA, located at Rue Eugène-Marziano 25, 1227 Les Acacias, Switzerland, registered under registration number CHE-103.167.648. Phone number: +41 22 820 35 44

The website www.gaia.equadis.com is hosted by Google Cloud Europe, at Chaussée d’Etterbeek 180, 1040 Etterbeek, Belgium.

 

ARTICLE 2: PERSONAL DATA PROTECTION

EQUADIS S.A. attaches great importance to respecting privacy. The elements below aim to inform you about the commitments made by EQUADIS S.A. to ensure the protection and respect of your personal data.

1 – Scope

This Charter applies to all users (industrials and distributors) using the connection site of EQUADIS S.A. called GAIA (https://gaia.equadis.com) and all associated services, as well as all internet users browsing the site https://www.equadis.com, providing information about the activities and the company EQUADIS S.A. and its subsidiaries, hereinafter referred to as “EQUADIS.” EQUADIS allows all internet users to freely browse its site www.equadis.com.

EQUADIS provides its distributor and industrial clients with access to its GAIA site (https://gaia.equadis.com) and various associated services (PerfOnline, EquaStore, RateOnline, SalesOnline, etc.), enabling them to exchange data and analyses.

Internet users and clients are hereinafter referred to as “users.”

“equadis.com” and “gaia.equadis.com” are hereinafter referred to as “the sites.”

To access the gaia.equadis.com site, the user only needs an internet connection. Access requires the creation of an account by EQUADIS. The user is solely responsible for the confidentiality of their credentials (login and password) used to access their account. Any use of their account through their personal login and password is presumed to have been done by the user. The user agrees to provide accurate information, especially when creating their account, and to inform us of any necessary changes.

In case of non-compliance with the General Terms of Use of the Sites, EQUADIS reserves the right to deactivate the user’s account, automatically and without compensation, without the need for prior notice, after sending an email or a registered letter with acknowledgment of receipt of a formal notice, remaining ineffective for more than 30 days. However, it is specified that in the case of a manifest and significant breach or fraud by the user, the deactivation of the account will occur automatically, without notice, without formality, and without compensation.

 

3 – Data Collection

EQUADIS ensures the collection of personal data that is adequate, relevant, not excessive, and strictly necessary for achieving the predetermined purposes.

Your data may be processed for one or more of the following reasons:

  • Because it is necessary to create an account or provide the services of the Sites;
  • As part of the agreements we may ask you for;
  • In compliance with the interests, freedoms, and fundamental rights of the individuals registered for the services of the Sites, as it is necessary to allow us or our partners to pursue our legitimate interests such as retaining our clientele, optimally managing our relationship with our clients, better understanding them, promoting our products and services to them, or combating fraud and ensuring our defense in case of litigation;
  • During navigation on the Sites, including through audience measurement cookies (see Article 3 below): data allowing your identification and authentication (login credentials, IP address), those related to your browsing history on the Sites, the dates and times of consultation of the Sites, location data;
  • When you consent to receive newsletters or other commercial or marketing information from EQUADIS;
  • When you apply for a job offer at EQUADIS; When you use social networks such as Linked In or Twitter: indeed, data exchanges may occur between EQUADIS and social networks, for example, when you are connected to the LinkedIn social network on your computer and you visit a page of the Site. Similarly, if you click on the Twitter button on the Site, Twitter will collect this information. If you do not wish for such exchanges, we recommend disconnecting from social networks before consulting the Sites.
  • When you use Vimeo video players embedded on our Sites;
  • When you receive a message from us through: sendingblue.com We may possibly have data from open data sources.

In this context, EQUADIS may notably be led to collect, update, and process the following personal data for which you undertake to provide accurate, complete, and unambiguous data:

  • Identity: title, last name, first name, company, position;
  • Professional contact details: phone number, email address
  • Application documents: CV and cover letter;
  • Technical and browsing information on the Sites: email and login password, connection IP and browser;
  • All data you provide to EQUADIS directly and spontaneously to use our Sites and associated services or ensure the execution of contracts you have concluded with EQUADIS. We do not use or store your IP address for targeting purposes.

We do not collect any hardware identifiers such as UDid, Mac address (physical identifier stored in a network card or network interface). We do not collect any sensitive information (religion, political opinion, etc.).

We do not segment users.

 

4 – Collection Purposes

The data is used for the needs of managing the relationship with the Users of the Sites and to allow us to better interact with you, optimize the User experience, or respond to requests and possible claims from Users.

These processes include, in particular:

  • The ability to create an account to access our Sites and services;
  • Sending newsletters and commercial solicitations, it being specified that (i) if you are not already a customer or user of our services, the use of your data is only done with your consent, and providing your data is optional, (ii) if you are already a customer or user of our services, the use of your data is justified by our legitimate interest in recontacting existing and past clients to inform them about our products and services, and we will reuse the data we have already obtained in the provision of our services;
  • Allowing the display of embedded Vimeo video players on our Sites, it being specified that this processing of your data is justified by our legitimate interest in allowing you to play videos on our Sites, and the provision of your data for this purpose is mandatory as automatic when displaying such a player;
  • Managing your consents and authorizations regarding the use of your personal data;
  • Collecting your comments and opinions, questions, and complaints;
  • Managing communications and tracking our exchanges, especially in the context of any disputes (including via the customer service accessible, for example, by phone, by instant messaging chat). These exchanges may be recorded for service improvement purposes;
  • Managing the job application file that you will have sent us;
  • To manage the commercial relationship within the framework of the contract signed between EQUADIS and you; Managing your requests related to the exercise of rights, in particular access, rectification, and opposition, which you benefit from under the personal data regulations;
  • Managing the risk of fraudulent use of your data or the services to which you have access via the Sites;
  • depending on the results of the checks carried out, EQUADIS may take any measures it deems useful for the security of your data and our information systems used for the use of the Sites, as well as for the defense of its interests. If necessary, these measures may lead to the suspension of your access to the Sites and your online accounts;
  • Establishing analyses or statistics to respond to surveys or requests conducted by public interest organizations, or administrations, or administrative or judicial authorities;
  • Tracking and administering evidence that the Sites must report in accordance with their legal or regulatory obligations or for needs related to litigation management (e.g., necessary evidence concerning the exercise of your rights);
  • Managing potential disputes;
  • Tracking your navigation on our Internet Sites to improve and optimize their performance, notably by identifying any bugs on our Sites, it being specified that this processing of your data is justified by our legitimate interest in measuring the audience and performance of our Sites and the provision of your data for this purpose is optional as it only occurs after you have accepted the deposit of cookies for audience measurement purposes;
  • Complying with our applicable legal or regulatory obligations for the activity of the Sites;
  • Sending you messages and notifications as you use it through sendingblue.com (a system from which you can unsubscribe directly) Your data may also be used to carry out operations related to commercial prospecting or studies aimed at improving customer knowledge and the services that the Sites can offer.

Your data may thus be used, in compliance with the required authorizations that you may have granted us:

  • To send you promotional messages or advertisements, personalized or not, electronically;
  • To analyze your use of the services accessible using your Site credentials (including your online browsing and your reactions to emails), so that we can better know you, appreciate whether the messages we address to you are of interest to you, and offer you offers, content, and services adapted to your profile; these analyses will be carried out in compliance with the authorizations you may have granted us, notably in the case of using cookies or other trackers. For commercial prospecting operations related to profiling and based on the consent of the data subject, the data subject may withdraw their consent at any time, it being understood that this will not affect the lawfulness of the processing implemented before this revocation.

Your data may be used for the performance of technical operations related to the processing of your personal data, for the needs of the purposes set out herein.

This includes:

  • Technical operations related to address correction;
  • The assignment of a digital identifier linked to your data, so that we can interact with you via different digital communication media (e.g., websites and mobile applications), including sending you targeted advertisements,
  • Technical, organizational, or cybersecurity operations related to anomaly detection and the securing of your data as well as information systems from which your data is processed.

 

5 – Recipients of the collected data

To achieve the purposes described above and within the limits necessary for the pursuit of these purposes, your data may be transmitted to all or part of the following recipients:

  • Authorized people from the relevant services within EQUADIS (e.g., marketing, studies and analyses, consumer panels, customer service, litigation, accounting and tax affairs, or information technology and information systems security, HR);
  • Providers and subcontractors of EQUADIS companies (e.g., IT service providers: hosting services, email delivery, storage, analysis, data processing, database management, or IT maintenance). These third-party providers act only on EQUADIS’ instructions and will only have access to your personal data to perform the purposes pursued at the time of the collection of said data and will be subject to the same security and confidentiality obligations as EQUADIS;
  • The company publishing the Vimeo service allowing the playback of videos through embedded players on the Sites;
  • To subsidiaries of the EQUADIS group for the aforementioned purposes;
  • In the context of a merger or acquisition of all or part of EQUADIS by a third party, which you accept;
  • Administrative or judicial authorities, if necessary, as part of compliance with our legal obligations or to enable us to defend our rights and interests or prevent fraud, security, or technical issues.

 

6 – Data retention

EQUADIS retains the data collected about you for the duration necessary to accomplish the purposes above, plus the legal prescription period. For example, data may be retained for (and as long as these prescription periods apply):

  • 6 years for tax documents;
  • 10 years for accounting documents;
  • the entire duration of disputes and until the exhaustion of legal remedies;
  • 25 months for data related to tracking your navigation on our Sites;
  • 3 years for data related to sending our newsletter or commercial solicitations, or earlier in the event that, as applicable, you have withdrawn your consent or exercised your right to object to commercial prospecting.

Thus, primarily, your account data (registration) will be kept for the entire duration of your membership. They may then be kept and processed for 4 years following your last contact with us, to allow us to send you commercial solicitations.

Finally, in case of exercise of their rights by the data subjects, data relating to identity documents may be kept for the applicable legal prescription periods, for a maximum period of 3 years.

Candidate records are kept for 13 months from the last contact with the candidates, unless consent is given for a longer retention period; beyond that, the data is archived in accordance with applicable prescription periods.

 

7 – Cookies

The term “cookie” covers various trackers that are deposited or read on your device (computer, tablet, smartphone…) during your browsing on internet pages, subject to the choices you have expressed.

Cookies are used on the EQUADIS.com and gaia.EQUADIS.com sites for various purposes, to facilitate your navigation or to compile visit statistics.

More information in Article 3 below.

 

8 – Security

EQUADIS takes into account the nature of personal data and the risks posed by the processing, to implement appropriate technical, physical, and organizational measures to preserve the security and confidentiality of personal data and prevent them from being distorted, damaged, or accessed by unauthorized third parties, in accordance with legal requirements and notably the French Data Protection Act of January 6, 1978 (as amended in 2004, as well as any law or regulation that would complement it) and the European Regulation 2016/679 on the protection of personal data (“GDPR“).

EQUADIS chooses subcontractors or providers who provide guarantees in terms of quality, security, reliability, and resources to ensure the implementation of technical and organizational measures, including treatment security. Subcontractors and providers undertake to respect confidentiality levels at least identical to those of EQUADIS.

 

9 – Data Transfer

Subsidiaries, service providers, or other third parties to whom EQUADIS may communicate your personal data may be located abroad, notably outside the European Economic Area (our R&D subsidiary is based in Lebanon but has sufficient safeguards).

EQUADIS will require them to take, in accordance with the applicable regulations, all sufficient guarantees, organizational and technical measures to ensure an adequate level of protection for your personal data or comply with the derogations exhaustively listed in Article 49.1 of the GDPR.

In this regard, you are informed that your data may, among other entities, be transferred to the following entities located outside the European Union:

  • When you use embedded Vimeo video players on our Sites, com, Inc. (United States):
  • When you accept the deposit of audience measurement cookies, subsequent subcontractors of the Irish company Google Ireland Limited, whose services we use for audience measurement, Google Analytics:
  • In the context of our use of the Sendinblue emailing solution for the sending of our newsletter and commercial solicitations, subsequent subcontractors of the French company Sendinblue:
    • In the context of this transfer, the protection of your data is ensured by the application of the European Commission’s standard contractual clauses (processor to processor version).
    • It is specified that the processing of your data by Sendinblue in the context of our use of its solution is carried out under our responsibility.

 

10 – Rights of the Individuals Concerned

In accordance with the applicable personal data protection legislation, you have a number of rights regarding the collection and processing of your personal data, namely:

You have the right to information, as well as the right of access, rectification, erasure (unless they are necessary for the performance of services, or they are necessary for us to comply with our legal obligations or establish, exercise, or defend our rights) related to data concerning you, as well as the right to define directives regarding the fate of your data after your death. It is specified here that, under the right of access, EQUADIS may request payment of reasonable fees based on administrative costs for any additional copy of the data in addition to what will be communicated to you.

You also have the right to obtain the limitation of processing and the right to portability of the data you have provided, which will apply in certain cases. Moreover, you can request to exercise your right of objection for reasons relating to your particular situation, to a processing of personal data concerning you when the processing is based on the legitimate interest of the data controller, including profiling. In case of exercising such a right of objection, EQUADIS will stop processing unless there are legitimate and compelling reasons for the processing that override the interests, rights, and freedoms of the data subject or for the establishment, exercise, or defense of a legal claim. You can also object to any processing related to prospecting (including profiling related to such prospecting) or withdraw your consent at any time, for cases where it was requested (the withdrawal of your consent will not affect the lawfulness of the processing carried out before the withdrawal of consent).

EQUADIS wants to inform you that non-disclosure or modification of your data may have consequences in the processing of certain requests in the context of the execution of certain services, and your requests under the exercise of rights will be kept for follow-up purposes.

The maximum response time to a right of access is one (1) month. However, it is possible to extend this period by two months “in view of the complexity and number of requests,” provided that the data subject is informed within one month of receiving the request (Article 12.3).

To exercise these rights or for any questions about this Policy, please contact EQUADIS:

By mail: Rue du Tunnel 6, 1227 Carouge GE, Switzerland

Or by email: [email protected]

In the event that we are unable to respond to your requests in a way that satisfies you, you can also file a complaint with a supervisory authority (in France, the CNIL 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07. Tel: 01 53 73 22 22).

Data Protection Officer: the data controller has appointed a Data Protection Officer that you can contact for any questions regarding the processing of your personal data, at the following address: EQUADIS – Data Protection Officer – Rue du Tunnel 6, 1227 Carouge GE, Switzerland

 

11 – Changes to our Charter

EQUADIS reserves the right to modify this charter at any time, it being specified that the conditions applicable to the User/You will be those in force on the date of use of the sites by the latter. Unless there is a major modification that would be broadcast on the home pages of the Sites, the modifications will be made directly in this document.

 

ARTICLE 3: Use of Cookies

When browsing the Sites, information about the navigation of your device (computer, tablet, smartphone, etc.) on the Sites may be recorded in text files called “Cookies,” installed on your browser. Cookies will be used to recognize your browser during the validity period of the relevant cookie.

Only the issuer of the relevant cookie may read or modify the information it contains.

Some cookies are essential for the use of the Site, while others optimize the use of the Site and customize the displayed content. Cookies allow:

  • To measure and analyze the traffic and usage of the Sites, its sections, and the Services offered, enabling us to conduct studies and improve the interest and ergonomics of the Sites and our Services,
  • To remember the display preferences of your browser (language used, display settings, operating system used, etc.) and adapt the presentation of the Sites during your visits, according to the hardware and software for visualization or reading present in your device and used for navigation on our Sites,
  • To allow you to use the Vimeo video players embedded in our Sites;
  • To allow you to access Equadis Sites using identifiers or personal data previously communicated, allowing you, if necessary, to access personalized content,
  • To implement security measures.

Cookies and other trackers do not allow access automatically to another file on your computer. Moreover, no unauthorized third party can access the data stored within the cookie.

The cookies and trackers we use to measure the level of usage of each feature and improve ergonomics are Google Analytics and Raygun.

Cookies deposited by a third party on spaces of our Sites:

Our sites may contain Cookies issued by third parties (communication agency, audience measurement company, etc.) allowing them, during the validity period of their Cookies, to collect browsing information regarding browsers consulting our sites.

This is notably the case with the deposit of cookies associated with our Google Analytics audience measurement solution. For more information on how cookies deposited by Google work, you can consult this page.

At any time, you can prevent the collection of information about you via these third-party cookies by clicking on the corresponding links (see the chapter “Your management and use of cookies”).

The issuance and use of Cookies by these companies are subject to their own terms of use.

Cookies integrated into third-party applications on our Sites or our Services

We may include on our sites computer applications from third parties, allowing you to share content from our sites with other people or to make known to these other people your views or opinions regarding content from our Sites. This is notably the case with the “Share,” “Like” buttons from social networks such as “Twitter,” “LinkedIn,” etc.

The social network may identify you through this button, even if you did not use it during your consultation of our Sites. This type of application button can allow the concerned social network to track your navigation on our Sites, simply because your social network account was active on your browser (session open) during your navigation on our Sites.

We have no control over the process used by social networks to collect information about your navigation on our Sites and associated with the personal data they have. We recommend consulting the terms of use of your data on these social networks to understand the purposes of use, including advertising, the navigation information they may collect through these application buttons. You should ensure that the terms of use of these social networks allow you to frame and restrict the use of your data by these social networks, notably by setting your user accounts with them.

Finally, we inform you that your use of the Vimeo video players embedded in our sites, a service edited by Vimeo, leads to the deposit of a cookie to operate these players. Vimeo may deposit, in addition to this cookie, other analytical or third-party advertising cookies if you are (i) logged into your Vimeo account and (ii) have not activated the Do Not Track (DNT) function on your browser, in accordance with its cookie policy.

Sharing the use of your device with other people

If your device is used by multiple people and when the same device has multiple browsing software, we cannot ensure with certainty that the services intended for your device correspond to your own use of this device and not to that of another user of this device.

The sharing with other people of the use of your device and the configuration of your browser settings regarding Cookies are your free choice and your responsibility.

Your management and use of cookies

You can manage and modify the use of cookies at any time following the possibilities mentioned below.

They are kept in accordance with legal obligations and recommendations issued by authorities (i.e., 13 months in France for non-essential cookies and trackers for the operation of the Sites/our Services, including audience measurement cookies).

Similarly, the cookie deposited during your use of the Vimeo video players embedded in our Sites expires after 13 months.

The settings you make may change your internet browsing and your conditions of access and use of certain services of our Sites that require the use of cookies.

You can manage your cookies from the Axeptio cookie management tool, which you can access directly from our Sites, to give consent to the deposit of cookies requiring your prior agreement or withdraw your consent to the use of these cookies.

You can also manage your cookies from your browsing software: you can configure your browsing software so that cookies are stored on your device or rejected, either systematically or according to their issuer.

Warning: the consideration of your unsubscription relies on a cookie. Therefore, if you disable all cookies on your device or change your device, we will no longer know that you have chosen this option.

To know the applicable terms for managing cookies stored in your browser, we invite you to consult the help menu of your browser as well as the “Your traces” section of the CNIL (National Commission for Information Technology & Liberties) website (www.cnil.fr/vos-libertes/vos-traces/les-cookies/ or http://www.cnil.fr/vos-droits/vos-traces/).

 

ARTICLE 4: AVAILABILITY OF THE SITES

EQUADIS undertakes to take reasonable measures to ensure that the Sites are accessible 365 days a year, 24/7, except in cases of force majeure and reasons beyond EQUADIS’s control. EQUADIS reserves the right to immediately and without notice interrupt access to the Sites for technical intervention or maintenance operations. In any case, EQUADIS cannot guarantee the continuity of the Sites’ operation, which the User acknowledges.

 

ARTICLE 5: LIABILITY

EQUADIS is only bound by an obligation of means regarding the operation and continuity of the Sites. It cannot be held responsible in any case: the User expressly acknowledges and accepts that EQUADIS cannot be held responsible for interruptions or slowdowns of the Sites or suspension or inaccessibility of the Sites or damages related to:

  • Force majeure or a decision of competent administrative or judicial authorities;
  • Interruption of the supply of electricity or transmission lines by public or private operators;
  • Abnormal or fraudulent use of the Sites by the User or third parties requiring the Sites to be stopped for security reasons;
  • Intrusion or fraudulent maintenance by a third party on the Sites, or the illicit extraction of data, despite the implementation of security measures in line with current technological standards, with EQUADIS only assuming an obligation of means in terms of known security techniques;
  • Loss or delay in the transmission of information and data when EQUADIS is not the cause of this delay;
  • The operation of the Internet network or telephone or cable networks providing access to the Internet;
  • Failure of hosting servers;
  • If the services offered by the Sites prove to be incompatible or malfunction with certain software, configurations, operating systems, or Client’s equipment. It is the User’s responsibility to protect their technical equipment, especially against any form of contamination by viruses and/or intrusion attempts, and to make backups of their data, for which EQUADIS cannot be held responsible.

EQUADIS reserves the right to make all modifications and improvements to its services that it deems necessary or useful and will not be responsible for damages of any kind that may arise as a result. Furthermore, EQUADIS reserves the right, without notice or compensation, to temporarily or permanently stop a service or all the services offered by it on the Sites.

It will not be responsible for damages of any kind that may arise as a result.

 

ARTICLE 6: INTELLECTUAL PROPERTY

All elements composing the Sites (design, graphic and textual elements, photographs, interfaces, graphic charter, and underlying technologies) as well as the trademarks and logos of EQUADIS are protected by French and international laws relating to intellectual property.

Any total or partial reproduction of these elements is strictly prohibited and may constitute an offense of counterfeiting.

EQUADIS is also the producer of the databases of the Sites and benefits from the legal protection of databases. Any extraction or reuse, in whole or in part, of said databases and their content is prohibited without the prior express authorization of EQUADIS.

By accessing the Sites, the User is granted a license to use under the following conditions:

  • A right of private, personal, and non-transferable use of the content of the Sites or any of its components;
  • A reproduction right for storage for reproduction on a single screen, in one copy, for backup or paper printing;
  • Any use of the Sites or its content or information must mention its source. Any other use is prohibited, especially any commercial use or on a network; It is the User’s responsibility to ensure that the functionalities offered from the Sites comply with their needs; The User guarantees that they will use the Sites for strictly lawful purposes. Any use of the Sites in contradiction with the provisions of this article constitutes an offense of counterfeiting, for which the person who has committed such an offense (“Counterfeiter”) may be held accountable. Civil and criminal penalties can be imposed on any counterfeiter.

 

ARTICLE 7: PROOF

Computerized records, kept in EQUADIS’s computer systems under reasonable security conditions, will be considered as evidence of communications between the Parties.

 

ARTICLE 8: WAIVER

It is expressly agreed between the Parties that any tolerance or waiver by one of the parties in the application of all or part of the commitments provided for in these, whatever their frequency and duration, cannot be considered a modification of these General Conditions, nor generate any right.

 

ARTICLE 9: HYPERTEXT LINKS

The Sites contain hyperlinks to websites or social networks, which are subject to their own rules of use, particularly regarding the use of personal data of their users. Users are advised to familiarize themselves with the rules of use of these sites and, in particular, those applicable to personal data. The Sites make no commitment regarding these other Internet sites that the User may access via them, especially concerning their content, operation, access to these sites, and the use of the User’s personal data by them.

 

ARTICLE 10: ILLEGAL CONTENT / MORALITY

Any action by the User intended to restrict or prevent another person from using the Sites is strictly prohibited.

The User can only use the Sites for legal purposes, and it is forbidden to publish or transmit via the Sites any illegal, harmful, defamatory, pornographic, hateful, racist, or otherwise offensive elements to human dignity. In case EQUADIS is informed of the presence of illegal content on the Sites, EQUADIS would be entitled to immediately remove the content. The Sites also reserve the right to take all necessary measures to enforce their rights.

EQUADIS has the right to conduct electronic monitoring of displayed documents and public areas to verify their compliance with the above requirements. It is also prohibited for the User to collect or store personal information about other people.

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