Terms and Conditions of Use and Privacy Policy
The present General Conditions of Use (hereinafter the
"Conditions") govern the use of the website " www.ier.com
" (hereinafter the "Site").
Each visitor to the Site (hereinafter referred to as a
"Visitor") is required to read these Conditions on a regular
basis. These Conditions concern the terms of use of the Site, the rights and
responsibilities applicable to each Visitor and are likely to change regularly.
By browsing the Site and using its features, the Visitor
acknowledges that he has read, understood and accepted these Conditions. If the
Visitor does not accept the Conditions, he must not use the Site.
1. Legal information
This Site is published by IER, a SAS with a capital of
4,104,585 euros, whose registered office is located at 3, rue Salomon de
Rothschild, 92150 Suresnes - France, registered in the Nanterre Trade and
Companies Register under number B 622 050 318.
Intracommunity VAT number: FR 736 220 50 318.
IER contact: 0141386000 / email contact@ier.fr
The Visitor can also use the contact form on
https://www.ier.com/contact/.
Director of publication Tanguy DU PARC
Hosted by :
HAVAS MEDIA France
29-30 Quai de Dion Bouton
92800 PUTEAUX (France)
Phone: +33 (0)1 46 93 33 33
Products and services presented
The products and services presented on the Site are intended
for professional use.
The information and illustrations appearing on the pages of
the Site are based on the technical characteristics of the products and
services in effect at the time the various pages of the Site were put online or
updated.
Due to the constant evolution of the products and services
offered, it is possible that the products or services presented do not fully
reflect the products marketed or that the products are presented with different
options or accessories. It is also specified that the Site is not able to
reflect the real color of the products presented.
In any event, the information contained on this Site
(including photographs) is general information and is not contractual. IER and
its subsidiaries cannot be held liable on the basis of this information.
2. Intellectual Property
All elements, whatever their nature or form (e.g. data,
photos, texts, drawings, trademarks, logos, videos, animations, images,
databases, plans, software, algorithms, graphical interfaces, drawings and
models, etc.) present on the Site are either the property of IER, of its
subsidiaries or of the companies of the Bolloré group to which IER belongs, or
the latter have the necessary rights for their exploitation (hereinafter "Intellectual
Property Rights").
The present Conditions do not grant the Visitor any right to
use the Intellectual Property Rights. Any use of the Intellectual Property
Rights, regardless of the form or medium, whether in whole or in part, free of
charge or in return for payment, whether these Intellectual Property Rights are
used alone or integrated into other elements, without the prior express written
authorization of IER, its subsidiaries or the companies of the Bolloré group,
is strictly prohibited.
Any use without prior authorization constitutes an act of
counterfeiting within the meaning of the intellectual property code and is
punishable by law (in particular in its articles L335-2 and following, L716-1
and following), or an act of unfair competition or parasitism punishable by civil
law.
3. Modification of the Site
The information on the Site is provided for information
purposes only.
IER reserves the right to modify or delete unilaterally and
at any time without notice all or part of the elements contained on its Site,
without being held responsible.
4. Compliance with regulations
The Visitor undertakes when using the Site or any server or
service accessible through the Site:
- to respect the national and international laws and
regulations in force, as well as the rights of third parties,
- not to harm the image of IER and its subsidiaries and more
generally to the companies of the Bolloré Group in any capacity whatsoever.
Thus, the Visitor guarantees IER, its subsidiaries and the
companies of the Bolloré group against any action by a third party relating to
the content of the information made available by the Visitor in the space
reserved for this purpose on the Site, in particular those resulting from an
infringement of personal rights, an intellectual property right, public order,
public morality, respect for privacy (right to an image, etc.) or the penal
provisions of national and/or international law in force. In this respect, the
Visitor undertakes to indemnify IER, its subsidiaries and the companies of the
Bolloré group for all costs, charges and expenses that may be incurred as a
result, including the reasonable fees and expenses of the advisers of IER, its
subsidiaries and the companies of the Bolloré group.
5. Limitation of liability
The Visitor uses the Site under his sole and entire
responsibility. IER, its subsidiaries or the companies of the Bolloré group may
not be held liable for any direct or indirect damage resulting from the use of
the Site or sites linked to it, such as, in particular, material damage, loss
of data or programs, financial damage, interruption or unavailability of the
Site, any delay, technical failure, difficulties in use or incompatibility
between the Site and files or the Visitor's browser or any other program for
accessing the Site, any direct or indirect damage resulting
from or
consecutive to the dissemination by a third party of a virus through the Site
and likely to infect the Visitor's system, and more generally any computer
difficulty encountered following the Visitor's connection to the Site, its use
or its navigation on the Site
6. Exclusion of warranty
The elements of the Site are provided "as is"
without warranty of any kind, implied or expressed. Any dated information
published on the Site is valid only as of the date so specified.
IER does not warrant or assume any responsibility for the
suitability, sequence, completeness, accuracy, freedom from error,
truthfulness, non-infringement, timeliness, fairness, merchantability, quality,
merit or availability of the information contained on the Site, or that it will
not be altered by a third party (hacking, virus). Each Visitor fully assumes
the risks related to the credit he/she gives to this information.
Erroneous information or omissions may be found, in
particular due to typographical or layout errors. If the Visitor notices any
errors, the Visitor may inform IER so that appropriate corrections can be made.
7. Accessibility, suspension or interruption of the Site
The Visitor acknowledges having been informed that the Site
is accessible 24 hours a day and 7 days a week.
IER may suspend access to the Site at any time, without
notice, temporarily or permanently:
- for breach of these Terms, without prejudice to any other
rights and remedies available to IER,
- in the event of technical problems related to
communication networks, to the infrastructure set up for the online
publication, to the operation and maintenance of the Site,
- in case of force majeure.
IER may also terminate the Site or suspend access to the
Site for any reason without liability.
8. Hypertext links
The creation of a hypertext link to the Site requires prior
written authorization from IER.
The hypertext links set up to other Internet sites do not
incur the liability of IER, in particular with regard to the content of these
sites and, in particular, with regard to the commercial offers that may be made
to Visitors. The decision to activate the links is the sole responsibility of
the Visitor.
Access to other Internet sites or to the sites of other
companies in the Bolloré Group is subject to the legal notices and conditions
of these sites, which it is up to the Visitor to consult and respect.
9. Security
The Visitor undertakes, when using the Site, not to carry
out any manipulation likely to lead to viruses or computer breakdowns or of any
kind that could affect the functioning of the Site. In particular, the Internet
user undertakes to make available, in the space reserved for this purpose on
the Site, only reliable, harmless information, data, documents and files that
are not likely to affect the functioning of the Site.
It is also reminded that the secrecy of correspondence is
not guaranteed on the network and that it is up to each Internet user to take
all appropriate measures to protect his own data and/or software from
contamination by any viruses circulating on the Internet.
IER declares that it has put in place the appropriate
security measures to protect the Site. Nevertheless, IER does not grant any
warranty to the Visitor in case of damages caused to the Visitor in the context
of the use of the Site, in accordance with the article "Liability"
herein.
10. Processing of Personal Data
By browsing the Site, the Visitor is informed that Personal
Data concerning him/her may be collected and processed in accordance with the
applicable regulations on the subject (i.e. the General Data Protection
Regulation n° 2016/679 of 27 April 2016 and the Data Protection Act n°78-17 of
6 January 1978). The purpose of this article is to inform the Visitor about the
processing of his Personal Data.
The term "Personal Data" used in the Terms
means any information relating to an identified or identifiable person. An
identifiable person is one who can be identified directly or indirectly, in
particular by reference to an identifier or to one or more elements specific to
his or her identity.
(i) Data Processors: IER, whose contact details are
specified in Article 1 "Legal Information",
(ii) Contact details of the Data Protection Officer (DPO):
dpd@ier.fr.
(iii) Purposes of processing and legal basis for processing
Goals
|
Legal basis
|
Sales prospecting/ marketing operations
|
Consent of the Visitor and legitimate interest of the data
controller in the promotion of their products and services in a relationship
between professionals
|
Manage information requests
|
Consent of the Visitor and legitimate interest of the data
controller to respond to the Visitor's requests.
|
Management and optimization of the Site
|
Legitimate interest of the data controller to ensure the
security of the Site, the management, improvement and optimization of the
Site.
|
Manage and optimize customer and prospect relations
|
Legitimate interest of the data controller to ensure the
satisfaction and follow-up of its customers and prospects.
|
Business management and advocacy
|
Legitimate interest of the data controller in the exercise
of its activity and, if necessary, the defense of their rights, particularly
in the event of a complaint.
|
Conducting polls, surveys or statistics
|
Legitimate interest of the data controller to evaluate the
quality of its products, the quality of the Site, to anticipate the needs of
customers and prospects, to evaluate the satisfaction of customers and
prospects, to improve the quality of service.
|
Recruiting
|
Consent of the individual, Legitimate interest of the data
controller and legal obligation to ensure the recruitment process.
|
(iv) Category of Personal Data concerned
The following Personal Data are collected:
- Identity of the persons concerned (e.g. Name, First name,
date of birth, function),
- Contact details of the persons concerned (e.g. address,
country, telephone number, e-mail address, employer company). As this is a Site
intended for professionals, these details concern, in principle, those of the
company employing the person concerned.
- In the context of recruitment activities, the CV, cover
letter, and other information on their career (professional experience,
employer, diploma and other qualifications, institutions attended ...)
- Navigation and connection data (e.g. log, IP address,
session ID).
The Visitor's refusal to communicate his Personal Data may
limit access to the Site (cookies) or prevent IER from responding to the
Visitor's requests via the contact form.
(v) Recipients of the Personal Data
- Employees of IER,
- Subcontractors of IER,
- Subsidiaries of IER, a list of which is available at
www.IER.com,
- Companies belonging to the Bolloré Group listed on the
website www.bollore.com,
- If necessary, the control or judicial authorities,
- Advice from data controllers and their processors.
(vi) Transfer of Personal Data outside the European Union
IER may transfer Personal Data to recipients located in
countries outside the European Economic Area (EEA). The conditions of transfer
are protected in accordance with the regulations in force regarding the
protection of Personal Data.
To obtain a copy of the transfer device set up, please send
an email to dpd@ier.fr.
(vii) Shelf life
The Personal Data collected are kept for the following
period:
-The Personal Data stored are kept for as long as necessary
for the purpose of processing the Personal Data concerned (for the duration of
the contract concluded, in
accordance
with the legislation, as long as the Visitor maintains a commercial
relationship with the data controllers);
- In the absence of opposition and in the absence of a
contractual relationship between the person concerned or his employer and one
of the data processors, the Personal Data of the prospects are kept for 3
years;
-The Personal Data are then archived to be used in case of
litigation or dispute during the limitation period applicable to the subject
matter of the dispute;
- For the recruitment module, the personal data of the
candidates will be kept for 1 year by the recipients within the framework of
the duration of business use. They will be archived for 5 years after the
duration of business use;
-and then the Personal Data is anonymized or deleted.
(viii) Commercial prospecting/communication
The Visitor is hereby informed that, in accordance with the
regulations applicable to commercial canvassing between professionals, IER and
its subsidiaries may send commercial communications to the Visitor by mail,
email, text message, telephone or by automated call system, social networks,
private messaging (e.g. WhatsApp, Messenger, Viber), about the products and
services of IER and its subsidiaries.
The Visitor may object to such communications by sending a
request to object ("opt-out") to the email or postal address
specified in point (ix) below or by following the procedure in the
communication received.
(ix) Visitor's rights
In accordance with the regulations applicable to Personal
Data, the Visitor is informed that he has the following rights:
- Right of access (Article 15 RGPD), rectification (Article
16 RGPD), updating, right to erasure of Personal Data (Article 17 RGPD) when
they are inaccurate, incomplete, equivocal, outdated, or whose collection, use,
communication or storage is prohibited;
- Right to withdraw consent at any time (Article 13-2c
GDPR);
- Right to limit the processing of Personal Data (Article 18
GDPR);
- Right to object to the processing of Personal Data on
legitimate grounds (Article 21 GDPR);
- Right to the portability of the Personal Data that the
Visitor will have provided, when these Personal Data will have been the object
of automated treatments based on his consent or on a contract (article 20 RGPD)
;
- Right to
determine the fate of the Visitor's Personal Data after his/her death and to
choose to whom IER shall communicate (or not) such Personal Data to a third
party previously designated . In this respect, as soon as IER becomes
aware of a Visitor's death and in the absence of instructions from the Visitor,
IER undertakes to destroy his/her Personal Data, unless its retention is
necessary for evidential purposes or to meet a legal obligation (such as the
retention of elements relating to the commercial relationship between IER and a
customer);
- The right to request a copy of its Personal Data (in this
case, the Visitor may be asked to pay a fee corresponding to the cost of
reproduction).
All these rights apply within the limits provided for by the
regulations in force concerning the protection of Personal Data. For more
information on his rights, the Visitor may consult the CNIL website:
www.cnil.fr.
The Visitor may exercise his rights by sending a request
accompanied by a copy of an identity document (valid identity card or passport,
a driver's license will not be considered as a valid identity document) to the
following address: dpd@ier.fr or to the following address IER Company,
Personal Data Protection Officer, 3 rue Salomon de Rothschild 92150 Suresnes -
France.
(x) Recourse
The Visitor is informed that in the event of non-compliance
by IER with the regulations concerning Personal Data, he/she may file a
complaint with the national authority for the protection of Personal Data at
the following address Commission Nationale de l'Informatique et des Libertés, 3
Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07, www.cnil.fr.
11. Cookie
(i) What is a cookie?
Cookies are data stored in the Visitor's equipment
(computer, tablet, smartphone, etc.) and used by the Site to send information
to the Visitor's browser, enabling this browser to send information back to the
original site (for example, a session identifier, language choice or date).
Cookies enable us to store status information when a browser
accesses different pages of a website or when the browser returns to that
website at a later time.
Only the sender of a cookie can read or modify the
information contained in it.
There are different types of cookies:
- session cookies which disappear as soon as the Visitor
leaves the Site;
- permanent cookies that remain on the Visitor's equipment
until their lifetime expires or until the Visitor deletes them, in particular
using the functions of his browser.
(ii) Deposit of cookies
Visitors are informed that the Site uses cookies, tracers
and/or connection cookies. The latter are likely to be installed in their
equipment subject to the choices and options they have expressed.
For optional cookies, the refusal to accept these cookies
has no impact on the use and navigation of the Site.
For mandatory cookies (of the type used for technical or
session identification purposes), refusal to accept these cookies prevents,
reduces or alters the functionalities of the Site and/or is likely to modify
the Visitor's navigation on the Site and the conditions of access to certain
services requiring the use of these cookies (for example: the user cannot
identify himself on the Site, he cannot place an order, etc.).
If the Visitor chooses to refuse the recording of cookies in
his or her equipment or if he or she deletes the cookies recorded there, IER
declines all responsibility for any navigation disruptions related to the
degraded functioning of its Site.
Unless opposed or refused by the Visitor, cookies are kept
for a period of thirteen (13) months.
(iii) Purpose of the cookies
Security: implement security measures; detect
navigation problems;
Necessary Cookies: Necessary cookies help make the
website usable by enabling basic functions such as page navigation, access to
secure areas of the website. The website cannot function properly without these
cookies.
Statistical cookies and audience measurement: Statistical
cookies help the website owners, through the collection and communication of
information in an anonymous manner, to understand how visitors interact with
the website in order to improve the functioning of the website.
Marketing cookies: Marketing cookies are used to
track visitors through the website. The purpose is to study the behavior of
Internet users, study the market, measure the effectiveness of a campaign,
target the audience.
(iv) Type of cookies used
The cookies used by IER on the Site are the following:
- Google Analytics cookie (all pages) for audience
measurement.
- Talentsoft cookie (recruitment page). This is a plug-in
module that redirects the Internet user to a page managed by the Bolloré group
that displays the various job offers available.
By clicking on the icons dedicated to social networks such
as Talentsoft appearing on the Site and if the Visitor has accepted the deposit
of cookies by continuing his navigation, these social networks may also deposit
cookies on the equipment used.
(v) Management of the Visitor's consent to the deposit of
cookies
The installation of certain cookies is subject to the
Visitor's consent. Also, during his first visit to the Site, the Visitor is
asked to accept or refuse the cookies that require his consent before
installing them on his equipment.
In the event of refusal of the cookie subject to consent, a
refusal cookie will be inserted in the Visitor's terminal so that the Site can
record the information according to which the Visitor wishes that no cookie be
installed. If the Visitor deletes this refusal cookie, the cookies may be
installed on the Visitor's equipment again.
If the Visitor consents in accordance with the terms and
conditions that have been brought to your attention in the information banner
on the Site's home page to the deposit of cookies, in
particular
by continuing to browse, the aforementioned cookies will be installed on his
equipment.
The Visitor may at any time modify his consent to the
deposit of cookies subject to consent.
- or by deleting the refusal cookie;
- or by the various means described below.
The Visitor can oppose the deposit of cookies in the
following ways:
(i) Each browser can be configured to accept or reject these
cookies
(http://www.cnil.fr/vos-droits/vos-traces/les-cookies/conseils-aux-internautes/ie).
(ii) See comment above on the "Accept/Reject"
button
12. Applicable Law
If for any reason a court of competent jurisdiction finds
any provision of these Terms to be invalid, the invalidity of that provision
shall not affect the validity of the remainder of the Terms, which shall
continue in full force and effect.
The Site is governed by French law. These Terms and
Conditions shall be interpreted in accordance with French law and only the
courts located within the jurisdiction of the Paris Court of Appeal shall have
jurisdiction. Visitors accessing the Site from abroad must ensure compliance
with locally applicable laws.