The present General Terms and Conditions of Use (hereafter referred to as the “GTCU”) are proposed by the association CLUB DES DISTRICTS INDUSTRIELS FRANÇAIS – FRANCE CLUSTERS, registered under the SIREN number 425 128 261, and with its registered office located at 14, rue Passet in Lyon (69007) (hereafter referred to as “FRANCE CLUSTERS”)
FRANCE CLUSTERS founded an internet collaborative network called « i-Community » further to the initiative of THE NEXT SOCIETY of which it is a partner and coordinator of the clusters aspect, in order to facilitate the exchange and the collaboration within the south-Mediterranean clusters community and the cooperation with their European equivalents (hereafter referred to as “i-Community collaborative Network”, “collaborative Network” or “i-Community”).
1. DESCRIPTION OF THE I-COMMUNITY COLLABORATIVE NETWORK
1.1 The i-Community collaborative Network is a space of information, collaboration and exchanges developed further to the initiative of THE NEXT SOCIETY (co-financed by the European Commission) and dedicated to a community of members working within the south-Mediterranean clusters (Morocco, Algeria, Tunisia, Egypt, Lebanon, Palestine, Jordan) or Europeans wishing to work with them in the framework of their professional activity and sharing subjects related to clusters management and/or cooperation projects (hereafter referred to as “Members” or “Users”).
1.2 The i-Community collaborative Network is a form a digital social network for professional use.
1.3 Purpose of the collaborative network
The purpose of the i-Community collaborative network is to enable its Members to maintain a regular, active and interactive link. The collaborative network must also contribute to their promotion towards a wider audience. Finally, this collaborative network constitutes a center of resources linked to the portal www.thenextsociety.co in order to stimulate a culture of cooperation within the innovation community of the countries of the south bank of the Mediterranean (Morocco, Algeria, Tunisia, Egypt, Lebanon, Palestine, Jordan).
1.4 Targeted public
The i-Community collaborative network mainly targets:
• The managers of the current clusters and those being created by the countries of the South bank of the Mediterranean, their collaborators as well as their European equivalents which may be interested in exchanging with them;
• The managers of technoparcs, incubators, accelerators, technology transfer centers, their collaborators as well as any other actor of innovation and company consulting that may be interested in the « clustering » approach.
Other Members may be invited upon the initiative of the i-Community administrators, such as the partners of the initiative THE NEXT SOCIETY, as well as any other actor interested by the « clustering » approach in the countries of the South bank of the Mediterranean.
2. APPLICATION AND OPPOSABILITY DES GTCU
2.1 The present GTCU apply to all Member which wishes to use the i-Community collaborative network and benefit from its services, starting from .
2.2 These GTCU aim to define the terms and conditions of use of i-Community collaborative network and to determine the rights and obligations of the Members in terms of their use of the i-Community collaborative network.
2.3 Except for a contrary written agreement of the parties, these GCTU shall prevail over any contrary clauses from any prior general conditions, and shall apply at the exclusion of any other convention or agreement. They are to be considered as an integral and essential part of the contract concluded between FRANCE CLUSTERS and the Members, of which they govern the entire contractual relationship.
2.4 The finalization of the registration and the access to the i-Community collaborative network and its services by the Members is subject to the lecture of the present GTCU and require their full and unreserved acceptance by each of its Members.
2.5 The present GTCU may be amended at any time by FRANCE CLUSTERS. The User shall be informed of these amendments at the time of its next connection to the i-Community collaborative network. In any event, if the User wishes to continue to use the i-Community collaborative network after the amendment of the present GTCU, it will imperatively have to have accepted the said amendments.
3. REGISTRATION ON THE COLLABORATIVE NETWORK
3.1 To access the i-Community collaborative network and the services it provides, the User must create a « Member » account in order to ensure the security of its connections on the collaborative network and to do so by following the steps of the registration form available on the THE NEXT SOCIETY platform which may be accessed at the following URL address www.thenextsociety.co. The User may also be invited to access directly the collaborative network by the administrators of i-Community.
3.2 The User shall be required to provide certain information (such as its surname, first name, electronic address, the denomination and type of organization (legal person) to which it belongs, website, professional phone number, professional address, city, country, function, link to LinkedIn profile).
The User undertakes to sincerely provide the information required when creating the « Member » account, by providing accurate, clear, precise and up to date information. Any incomplete account creation shall not be validated.
3.3 The User is informed that the creation of a « Member » account on the i-Community collaborative network constitutes a collection of its personnel data and accepts this collection, which shall be performed by FRANCE CLUSTERS in compliance with the terms of article 13 hereafter. If the User opposes the collection of personal data by FRANCE CLUSTERS, it will not be able to finalize its registration to the collaborative network and benefit from its services.
3.4 By joining the collaborative network, the User declares and guarantees that it intends to use it and benefit from its services for entirely personal and legal purposes, within its professional activity.
3.5 FRANCE CLUSTERS shall perform a validation of the registration of the User, as well as a configuration of the User profile. FRANCE CLUSTERS will send to the User an email to the email address provided at the time of the creation of the “Member” account in order to inform it of the creation of its profile on the collaborative network and to communicate to it his connection identifier (email address) and the procedure to follow for the definition of its own password.
3.6 Once this « Member » account has been created, the User will be able to resort to the services provided by the collaborative network, when it wishes to and without any time limitation.
3.7 The User undertakes to create only one « Member » account on the collaborative network and not to create several different profiles. Any failure to comply with this obligation may lead to the immediate deletion of the additional litigious accounts by FRANCE CLUSTERES.
4. ACCESS AND AVAILABILITY OF THE COLLABORATIVE NETWORK AND OF ITS SERVICES
4.1 The access and the registration to the i-Community collaborative network is free, with the User remaining in any event responsible for its computer equipment and its internet connection for which it will bear all costs.
4.2 The access to the i-Community collaborative network may be performed from the following media :
• From a computer or an equivalent terminal with an access to one or several telecommunication networks giving access to the internet network and with an internet navigation software (of the type Internet Explorer, Mozilla Firefox, etc.) ;
• A phone terminal with an access to a telecommunication terminal giving access to a telecommunication network enabling access to the Internet network ( 3G, 4G, Edge, Wifi connection etc.).
4.3 FRANCE CLUSTERS will perform its best efforts in order to make the collaborative network constantly accessible, subject to the maintenance operations or the servers on which it is hosted.
4.4 The User is warned about the technical uncertainties inherent to the Internet and about the interruptions of access it may cause. As a consequence, FRANCE CLUSTERS may not be held responsible for any possible unavailability or slowdowns of the i-Community collaborative network.
4.5 The User is informed that the collaborative network is hosted by the company OVH. The access to the collaborative network and the services it provides may occasionally be suspended for maintenance interventions which are necessary to its proper functioning. In the event of an interruption for maintenance or of a technical problem affecting the access and the use of the collaborative network, FRANCE CLUSTERS will inform the Members of the collaborative network as soon as possible and in so far as possible. FRANCE CLUSTERS may in no event be held responsible for any possible impact this unavailability may have on the activities of the Member Users.
5. CONDITIONS OF USE OF THE COLLABORATIVE NETWORK AND THE « MEMBER » ACCOUNT
5.1 As soon as the « Member » account has been created, the User may freely use the services provided by the collaborative network by connecting to it with the connection identifiers it was awarded.
5.2 The User is solely responsible for the use that may be made of its connection identifiers to its « Member » account and is the sole guardian of their confidentiality and of any use of its « Member » account. The User is, indeed, fully responsible for any activities that take place under its responsibility during their use of the i-Community collaborative network.
5.3 The User undertakes to immediately inform FRANCE CLUSTERS of any unauthorized use of its « Member » account and of any breach of confidentiality or of the security of the identification means it was communicated in order to access the collaborative network, by sending an email to the following address: email@example.com.
5.4 If FRANCE CLUSTERS has legitimate reasons to believe that the security of the collaborative network has been breached or that it is wrongly operated because of an unauthorized use of the identification means of the User, it may implement a temporary suspension of the « Member » account in particular in order to preserve the integrity of the collaborative network and its data and, if it appears necessary, permanently delete the « Member » account.
5.5 The User undertakes to regularly update all the information about itself and provided to fill in its « Member » sheet and profile on the collaborative network, in order to preserve their accuracy and thus, in its own interest with regards to the purpose of the collaborative network and the services it provides. In this respect, the User may perform, at any time, modifications of data about itself which appear useful or necessary for the use of the collaborative network.
6. FUNCTIONING OF THE COLLABORATIVE NETWORK
6.1 The i-Community collaborative network is a digital social network for a private professional use accessible only to its Members. The Users of the i-Community collaborative network are the « Members » invited or registered on this collaborative network, at their request. The contents of the i-Community are not directly accessible to those not registered on this collaborative network.
6.2 The User has a « Member » sheet (or « profile ») configurated by FRANCE CLUSTERS on the collaborative network, that it may modify at any time. All or part of its “Member” sheet may be consulted by the other i-Community Members.
Specific rules of use for collaborative groups
The i-Community collaborative network is a space which enables to open interest, thematic or project groups, that is to say public groups (visible by all Members of the collaborative network) and private groups (visible and reserved to named invited Members). The opening of the collaborative groups must meet the need of several Members.
Accessible and visible only to the Members invited in the group, the main goal of the private collaborative groups is to facilitate the work between the Members in order to improve the work performed as « projects » (rapidity of access and information management, direct linking between the Members of a group, coproduction and/or exchange of documents, etc .)
6.4 Creation of collaborative groups
Each Member registered on the i-Community collaborative network has the possibility :
• To contribute to the exchanges within the created public groups while observing the general rules of functioning and the obligations incumbent on it pursuant to the present GTCU;
• To create, on its initiative, one or several groups. In this case, it becomes its “Founding” Member and “Administrator”. The User is however informed that the creation of any new group is subject to the validation of FRANCE CLUSTERS.
Because it is the use of the i-Community by its Members which will create its interest and provide its added value, the creation of a collaborative group requires to animate it and the Members who compose it. It is the main role of the founders and administrators of the groups.
In this respect, the Founding Member of a new group undertakes to:
• Create a group which does not already exist on the i-Community collaborative network and which meets the needs shared by the Members;
• Publish articles, documents related to the theme of the group created;
• Ensure the animation of the said group with the contribution of the « Administrators » Members of its choice;
• Contribute to the compliance of the present GTCU of the i-Community collaborative network by the Members of the group created ;
• Accept to be solicited by the administration team of the i-Community collaborative network, among other reasons for an assessment of use.
6.5 Publication of contents, images and documents
Each of the Members of the i-Community collaborative network has the possibility to publish written contents, documents, as well as images to illustrate the various files (profile, structure, project). By doing so, the Member acknowledges that it acts as an online editor and remains responsible of these statements and publications. In this regard, each Member undertakes not to publish on the collaborative network any illicit contents, or that may violate public order, good manners and morale or third party rights.
Each Member certifies it possesses all rights regarding the contents and documents published on the collaborative network. FRANCE CLUSTERS may not be held responsible for hosting documents published by a User who would not hold the rights or published without the consent of the author or authors of the contents / documents published. Any request in the event of a content of document published on the collaborative network without the authorization of its author must be sent to FRANCE CLUSTERS and will immediately be taken care of by the administration team of the collaborative network. It is reminded that FRANCE CLUSTERS acts as online host and may not be held responsible for the statements and contents published on the collaborative network.
The confidentiality of the information released on the collaborative network may be guaranteed by the creation of private collaborative groups (reserved to a limited number of Members), as well as the compliance with the confidentiality clauses and communication clauses regarding each document, notes, etc.
6.6 Language of work
The official language employed when using the i-Community collaborative network is the English language, which each User has been informed of, in order to ensure the comprehension of all content published on the collaborative network by each of its Members. The use of the French language is however possible only for the communication between French speaking Members. The use of any other language is prohibited and the contents that may be published in another language than those mentioned above shall be deleted by FRANCE CLUSTERS.
6.7 Quality of the i-Community collaborative network
In order to guarantee the rules established for a proper use of the collaborative network, the administration team of the i-Community collaborative network has implemented an a posteriori moderation system of abusive contents and reserves the right not to publish or authorize the publication and/or delete without notice any statement that would be contrary to the recommendations and requirements of the present CGU.
Furthermore, in order to render the i-Community collaborative network pleasant to consult, the Users are bound to write messages that are readable and understandable by all Members susceptible to use the collaborative network and its services. Therefore, Users are not to use abbreviations, to resort to SMS type language and must pay attention to spelling. In the event of a difficulty of comprehension or if the message is unreadable, FRANCE CLUSTERS would be obligated to refuse it or refuse to authorize its publication.
The quality of the i-Community collaborative network will depend on the quality of the communications, the exchanges of information, the online conversations and collaborations between the Members.
7. USER OBLIGATIONS
7.1 The User undertakes to cooperate in good faith and, in particular, to transfer reliable and accurate data about itself and necessary to the creation of its “Member” account and of its profile sheet and not to use a fake identity in order to mislead others.
7.2 The User guarantees that all the data, contents and documents (whatever the nature) communicated to FRANCE CLUSTERS and/or published on the collaborative networks are free of rights or that it owns the copyrights and the necessary authorizations. In this respect, the User guarantees FRANCE CLUSTERS against any action that may be initiated by a third party on the basis of this data, contents and/or documents published on the collaborative network.
7.3 The User remains, in any event, solely responsible of the content and the information communicated to FRANCE CLUSTERS or published on the collaborative network.
7.4 In addition, the User acknowledge it has been informed that the collaborative network is a space of discussion offering functional collaboration modules by projects or themes. In this regard, by joining the i-Community collaborative network, the User undertakes to comply with the ethical rules of the collaborative network as follows:
• Not to carry out operations that may affect the proper functioning of the i-Community collaborative network;
• To exercise great vigilance in the use of the elements at its disposal for the use of the collaborative networks and its services and to observe all the usual precautions;
• Not to release or publish on the collaborative network any contents, messages or internet links presenting any racist, defamatory, rude, insulting, aggressive, violent or discriminatory character;
• Not to publish nor release any information contrary to the copyrights or related rights, to the laws governing data bases, to image and privacy rights, and that would violate any legal provision or regulation in force;
• Not to release private phone numbers or emails that have not entered the public domain without the authorization of the persons and/or companies in question;
• Observe the rights of access and use that vary depending on the status awarded to each Member (Administrators, writer, Member, visitor, etc.) by FRANCE CLUSTERS and the Founders-Administrators of the collaborative groups.
7.5 By using the collaborative network and in addition of the compliance with above mentioned obligations, each User undertakes to :
• Globally comply with the laws in force and observe the rights of third parties, as well as all the present contractual provisions;
• Use the collaborative network in a loyal manner and pursuant to the legal provisions and regulations, as well as the customs which may apply;
• No to perform any acts of any type that may be contrary to the law or violate public order, the rights of FRANCE CLUSTERS or of third parties;
• Not to use the collaborative network in order to directly and indirectly promote services provided by competitors of the collaborative network.
In the event of a breach by the User of one or several of these contractual provisions, FRANCE CLUSTERS reserves the right to suspend and/or block the « Member » account of the User involved, temporarily or permanently, to automatically delete all messages, communications or litigious publications, and/or permanently delete the « Member » account of the user without any counterpart nor compensation.
8. OBLIGATIONS OF FRANCE CLUSTERS
8.1 FRANCE CLUSTERS undertakes to take all the necessary care and measures to ensure the proper functioning of the collaborative network and the provision of quality services, to implement all the necessary efforts in order to provide such services and to update the content of the collaborative network of which it is responsible with the aim to transfer to the Users accurate, clear, precise and up to date information.
8.2 Each User is informed that the provision of services offered by the collaborative network may be disturbed depending on the technical constraints and other elements independent of FRANCS CLUSTERS’ will.
8.3 In such an event, FRANCE CLUSTERS shall carry out its best efforts in order to render the collaborative network accessible at all time, and, if it fails to do so, to ensure the corrective maintenance of the collaborative network.
9.1 Each party shall be responsible of the consequences resulting from their faults, mistakes, or omissions that have caused direct damage to the other party.
Responsibility of the User :
9.2 The User is solely responsible of the quality, the precision, the relevance and the accuracy of the information it provides on the Website for the purpose of its registration on the collaborative network. FRENCH CLUSTERS may in no way be held liable in this respect.
9.3 The User is solely responsible towards FRANCE CLUSTERS and, as the case may be, third parties, of all damages, whatever their nature, caused by an information or publication communicated, transmitted, released on the collaborative network as well as of any breach it has committed to the present contractual stipulations.
9.4. The author of a message published on the collaborative network is solely responsible for the statements it makes and the content of the said message. In this respect, FRANCE CLUSTERS shall have no responsibility regarding the content, the accuracy, the up-to-dateness, the relevance or the extensivness of the information or publication released on the collaborative network by the User.
9.5. In the event of a violation of the contractual provisions or of the laws in force, the infringing User shall be exposed, beyond the deletion of its message, to the civil and criminal penalties provided by the legal provisions.
Responsibility of FRANCE CLUSTERS:
9.6 FRANCE CLUSTERS may, in no way, be held liable for any difficulty related to the access of the User to the collaborative network and that may be attributed either to the User himself, due to a disclosure of its connection identifiers or improper use of the collaborative network, or to an act of god (« cas de force majeure »).
9.7 In any event, FRANCE CLUSTERS is only held to compensate material damages caused directly to the User and that result from faults that may be attributed to FRANCE CLUSTERS during the use of the collaborative network by the User.
9.8 FRANCE CLUSTERS implements all measures which may ensure the User of its access to the collaborative network and the provision, in optimal conditions, of the services it provides. In this respect, FRANCE CLUSTERS ensures the proper functioning of the collaborative network but cannot guarantee it will be immune from anomalies or mistakes and that it will run without interruption. It may therefore not be held liable for any damage that results from the partial or total impossibility to use the collaborative network or of its partial or total unavailability. In addition, FRANCE CLUSTERS may not be held liable for the non-functioning, the impossibility to access or the dysfunction of the services of the internet provider of the Users and of the Internet network.
FRANCE CLUSTERS may not, in addition, be held liable for the damage that may occur to the computer system of the User and/or the loss of data resulting from its use of the collaborative network.
10. FORCE MAJEURE
10.1 The « force majeure » is defined as any event escaping the control of the parties and that could not have been reasonably foreseen at the time of the acceptance and the conclusion of the present GTCU. Such an event shall be characterized in the event that the party, victim of such an event, would be prevented to properly perform its contractual obligations, despite the implementation of adequate and appropriate measures in order to limit its effects.
10.2 None of the two parties shall be held responsible towards the other for the non-performance or the delays in the performance of an obligation resulting from the present GTCU that may be caused by the other party further to the occurrence of a “cas de force majeure”, such as it is defined and qualified by the precedents set by French Courts.
10.3 The « cas de force majeure » suspends the obligations resulting from the GTCU for the duration of its existence and none of the parties may, during that period, invoke the existence of such a “cas de force majeure” in the sense of article 1218 of the French Civil Code in order to justify the termination of the contractual relationship with the other party. However, in the event that the “cas de force majeure” would last for a duration superior to thirty (30) consecutive days, it would then allow both parties to terminate the present GTCU, eight (8) days after the sending of a registered letter with acknowledgement of receipt notifying this decision.
11.1 All the information, specifications and other data provided whatever their nature, that one party puts at the disposal of the other, orally or in writing, within the performance of the present GTCU, and more specifically, for the purpose of the use of the collaborative network by the Members, are strictly confidential and must be treated as such. The date and information entered by the Users and that are related to them shall thus be treated by FRANCE CLUSTERS as confidential. The Users declare, as for them, that they accept to receive information from FRANCE CLUSTERS, in particular regarding the i-Community collaborative network, on the basis of their declared profile and to treat them as confidential.
11.2 Pursuant to the European Directives and to their provisions, each User has the right to the protection of its private life and to the protection against the abusive use of its personal data collected within the performance of the present contractual relationship. FRANCE CLUSTERS guarantees the users that it shall comply with the provisions which apply in this area. The personal data is strictly confidential and can in no event be sold by FRANCE CLUSTERS.
11.3 As a consequence, this confidential information must in no case be disclosed under any form and to anyone, unless they have entered the public domain. As an exception, the confidential information regarding the User may be disclosed to the personnel/partners of FRANCE CLUSTERS but only in so far as it is necessary to the performance of the present contractual relationship and in order to guarantee the access and use of the collaborative network in the best conditions.
11.4 Upon demand of one of the parties, and in the event of the deletion of the « Member » account of the User and termination of its contractual relationship with FRANCE CLUSTERS, the User can extract its personal data itself. The administrator disactivates the account of the user and makes it anonymous. The data published (articles / commentaries) are the property of FRANCE CLUSTERS. This data shall not be included in the extraction of personal data.
11.5 This prohibition is valid for the duration of the performance of the present contract and without any time limit after its expiry.
12. INTELLECTUAL PROPERTY
Intellectual property rights related to the collaborative network:
12.1 The i-Community collaborative network, as well as the software, database, texts, information, documents, images, photographs, graphics, logos, or any other data related to the collaborative network remain the exclusive property of FRANCE CLUSTERS, or, where the case may be, of their respective owners from which FRANCE CLUSTERS has received the necessary authorizations of use.
12.2 FRANCE CLUSTERS also remains the owner of all the intellectual property rights related to the collaborative network, and more generally, to all document, medium or data transmitted to each User within the use of the collaborative network.
12.3 The User Member is dully informed it is only entitled to a right to use the collaborative network which it is awarded by FRANCE CLUSTERS and which does not generate any transfer to its benefit of the intellectual property rights which are owned by FRANCE CLUSTERS.
12.4. As a consequence, the User prohibits himself from, among other actions, replicating, downloading, selling, translating, adapting, exploiting, distributing, releasing and/or communicating in part or in totality, under any form, for commercial purposes or not, any original intellectual work or data contained in the collaborative network. The user also prohibits himself from any action or act that may affect directly or indirectly the intellectual property rights of FRANCE CLUSTERS.
12.5. In the event of a blatant infringement to the intellectual property rights related to the collaborative network, the User is invited to report such an infringement to FRANCE CLUSTERS, without delay, by electronic email sent to the following address: firstname.lastname@example.org.
Intellectual property rights regarding documents and contents published by the User:
12.6 Each User Member is solely responsible of the contents and/or documents, whatever the nature, published on the collaborative network and guarantees to FRANCE CLUSTERS that it is the owner of the intellectual property rights related to these contents and/or documents and/or has received all the authorizations necessary to their communication on the collaborative network.
13. PROTECTION OF PERSONNAL DATA
13.1 Each User Member is informed that its registration on the i-Community collaborative network leads to the collection and the automatic treatment of personal data about it by FRANCE CLUSTERS, of which the use is governed by the provisions of the French law n° 78-17 on information technology, files and freedom dated 6 January 1978, such as amended by the French law n° 2016-1321 dated 7 October 2016 and the European Regulation 2016/679 of 27 April 2016 regarding the protection of natural persons on the treatment of personal data and the free circulation of that data.
13.2 The information and personal data which is requested from the User in order to validate its registration on the THE NEXT SOCIETY platform and to enable it to use it in the best conditions. No sensitive information or data regarding the User is required for this purpose. The collection of data which is unnecessary for the validation of the registration of the User shall be subject to a consent request to the User attached to each personal data collection form.
13.3 The data collected is exclusively kept by FRANCE CLUSTERS and ANIMA Investment Network. Except for the data used for the creation of the account, FRANCE CLUSTERS and ANIMA are not destined to process the data and contents put on line by the User on the platform THE NEXT SOCIETY www.thenextsociety.co and the i-Community collaborative network (publications, photos, etc). None of this information and/or personal data regarding the User shall be communicated to third parties, at the exception of the members of the personnel of FRANCE CLUSTERS, of ANIMA Investment Network and the service providers and subcontractors of FRANCE CLUSTERS and ANIMA Investment Network involved in the development and the animation of the i-Community and the THE NEXT SOCIETY platform, but exclusively for the purpose of the execution of the present contract and limited to what is strictly necessary to meet that purpose. At the exception of the data used for the creation of account, Anima is not destined to process the data and contents put on line by the User on the platform (publications, photos, etc)
13.5 This personal data is kept for the duration necessary to the purpose for which it has been collected, while acknowledging their conservation cannot exceed the duration of the contractual relationship between FRANCE CLUSTERS, ANIMA Investment Network and each User.
13.4. In addition, the User Member is informed and expressly accepts, through a button to be clicked, that the personal data regarding the last name, first name, electronic address, organization, web site, professional phone number, city, country, function, link to the LinkedIn profile are communicated to the platform, www.thenextsociety.co, managed by the team of ANIMA Investment Network (http://www.animaweb.org/fr), for purposes related to the i-Maps, i-Jobs and i-Financing services initiated by THE NEXT SOCIETY as an extension of the use of the collaborative network, for the sending of the newsletter and information targeted on the project, for the invitation to events by ANIMA or one of its partners.
13.6 Finally, FRANCE CLUSTERS, which manages i-Community collaborative network, and ANIMA Investment Network, which manages the THE NEXT SOCIETY platform www.thenextsociety.co may send, upon express authorization by the User, information related to their structure and to the services it provides, outside of the THE NEXT SOCIETY project or to inform it of any opportunity that may interest it on the basis of the options it chose, for instance the invitations to participate to events, trainings, partnerships, newsletters, membership to FRANCE CLUSTERS and ANIMA networks. The use of personal data by FRANCE CLUSTERS will be processed in its CRM Griotte, for targeted messages. However, the User may oppose, for legitimate reasons, the processing of the information about it, including for the purpose of commercial prospection.
13.7 Each User has the right to access, oppose, rectify and delete the personal data about itself, the possibility to request a limitation in the processing of the data under certain conditions, the right to oppose at any time the processing of its personal data for commercial prospection (including for profiling) as well as the right to receive the data about itself in a structured format, regularly used and readable by machine (the right to data portability).
13.8 These rights can be exercised by the User under the legal conditions in force, by accessing its profile, via the tab « security management » in order to download all its data, file a request of data deletion, file a request of data modification (if certain fields do not allow direct modification by the User, for instance in the event of a synchronization of the CRM), see the consents related to its profile (registered by itself or by an administrator of the collaborative member).
13.9 Any violation of personal data about the User and that may generate a high risk for its rights and liberties shall be communicated to it within the best delays.
13.10 In any event, FRANCE CLUSTERS acts in tight collaboration with the hosting providers and strives to protect the personal data collected from each User against unauthorized access, loss, abusive use and falsification.
14. DELETION OF THE « MEMBER » ACCOUNT
14.1 Deletion of the « Member » account by the User
The User can delete its « Member » account at any time and, thus, deregister from the collaborative network following the procedure in place for that effect.
The deletion of the « Member » account will be effective immediately and will lead to the automatic deletion of all personal data linked to the account of the User “Member”. All the said data related to the User will be erased from the FRANCE CLUSTERS data base. As a consequence, the User will no longer be able to access the i-Community collaborative access or its services.
The contents generated by the User (such as the referencing of a project sheet, the creation of a group, etc.) may remain visible on the i-Community collaborative network, with the prior and written consent of the User. In the event that the User authorizes the retention of its content or contents on the collaborative networks, the reference to the User which is author shall not be visible.
14.2 Deletion of the « Member » account by the FRANCE CLUSTERS
FRANCE CLUSTERS may, at any time, delete the « Member » account of the User and terminate the contract which ties it to the User, of its own right and with immediate effect, in the event of a breach by the User to any of its obligations under the present GTCU and/or abusive or inappropriate use it may have made of the collaborative network.
In this case, the User will receive prior information from FRANCE CLUSTERS of the deletion of its « Member » account and the destruction of its connection identifiers.
15. COOKIES POLICY
15.1 When operating the collaborative network, FRANCE CLUSTERS resorts to « cookies », strictly for security purposes. The User is informed that the use of these cookies does not lead to any collection of personal data by FRANCE CLUSTERS.
15.2 A cookie is also installed on the computer station of the User following its registration on the i-Community collaborative network, in order to enable the User to automatically access « Member » account / space and to publish articles on the i-Community collaborative network without the need to reconnect when navigating on the internet.
15.3 In any event FRANCE CLUSTERS implants a “cookie” in the computer of the User with its prior consent. The User is informed of the use of the “cookies” by FRANCE CLUSTERS and has the possibility to refuse them when it connects to the collaborative network. The session “cookies” are only present until the navigator is shut. A persistant « cookie » of a year enables the automatic reconnection of the User. Upon this one year period, the User shall, once again, give its consent to the use of “cookies” by FRANCE CLUSTERS within the operating of the collaborative network.
15.4 FRANCE CLUSTERS undertakes never to communicate the content of the « cookies » to third parties, unless it is legally required to.
15.5 In addition, the User may oppose the recording of « cookies » by configurating its navigation software. In order to do so, the User shall have to configurate is navigator:
• For Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
• For Safari : https://support.apple.com/fr-fr/ht1677
• For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
• For Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
16. HYPERTEXT LINKS
16.1 The i-Community collaborative network can include hypertext links towards other web sites or third party online platforms.
16.2 FRANCE CLUSTERS cannot be in any way responsible for the technical availability of such internet websites and web platforms operated by third parties and accessible from the i-Community collaborative network or even for the contents, advertisements and services available on or from the websites or external sources.
16.3 The User Member acknowledges, as a consequence, that FRANCE CUSTERS may not be held liable for any damage or alleged or actual loss, caused by or in relation to the use or the fact of having known of the contents, advertisements or services available on these websites or external sources. In addition, FRANCE CLUSTERS could not hold it liable if the visit of the User on one of these external websites were to cause it any damage.
16.4 If, despite the efforts of FRANCE CLUSTERS, one of the hypertext links present on the i-Community collaborative network were to point towards a website or an internet source of which the content was not or did not appear to comply with the requirements of French Law, the User Member undertakes to immediately contact the director of publication of FRANCE CLUSTERS, by sending an electronic email to the following address email@example.com, in order to communicate to him the links and/or addresses of the website pages in question.
17. AUTONOMIY OF THE CONTRACTUAL PROVISIONS
17.1 If any of the present GTCU provisions were, for any reason, to be ruled as void or inapplicable, the other provisions of the present GTCU will continue to produce their full and entire effect in so far as the general purpose of the convention concluded between the parties can be safeguarded.
17.2 In the event that the performance of one or several clauses of the present GTCU were to be made impossible due to it being void or inapplicable, the parties will attempt to discuss in order to agree upon a new clause of which the spirit and the terms shall be as similar as possible to the previous clause, with all other terms of the GTCU remaining in force.
17.3 However, if this annulment or inapplicability of a clause were to cause a disruption of the balance of the contractual relationship between the parties, they will have to meet and discuss the continuation of their contractual relationship in good faith without that this continuation occurs at the detriment of one of the parties. If the parties were to decide to terminate the present GTCU entirely, the parties will have to agree upon it in writing.
18. GOVERNING LAW AND COURT JURISDICTION
18.1 The present GTCU are governed by French law.
18.2 In the event of a dispute between FRANCE CLUSTERS and one of its Members / Users arising from the present contractual relationship, the French courts will have exclusive jurisdiction to rule on their interpretation / performance.
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THE NEXT SOCIETY is an open community of changemakers, entrepreneurs, investors, corporates, NGOs, public and private innovation, research and economic development hubs from Europe and 7 Mediterranean countries: Algeria, Egypt, Jordan, Lebanon, Morocco, Palestine and Tunisia. It has launched a four-year action plan (2017-2020), co-funded by the European Union up to 90% for a global amount of EUR 7.8 million, which impacts several levels of the innovation ecosystems. The information and views set out in this website are those of the author(s) and do not necessarily reflect the official opinion of THE NEXT SOCIETY, the European Commission or other European Institutions. THE NEXT SOCIETY does not guarantee the accuracy of the data included in this website. Neither THE NEXT SOCIETY, nor the Commission or any person acting on their behalf may be held responsible for the use which may be made of the information contained therein