General Terms Of Services

  

September 15, 2020

A translated version of the Dawex General Terms and Services is provided to facilitate your understanding. However, it is the French version of the General Terms and Services that is legally binding in case of a dispute.

 

PREAMBLE

The site www.dawex.com (the "Site") is intended to provide information about Dawex and the products and solutions it provides to its customers.
These Terms of Services ("TOS") inform the persons browsing the Site ("Visitor") about the rules applicable to the use of the Site, as well as the rules applicable to the processing of your Personal Data.
The company Dawex Systems is a simplified joint-stock company under French law, with headquarters at 20 place Louis Pradel, 69001 LYON (France), registered at the Lyon RCS under the number 810 307 207, represented by its acting legal representatives.


1 - Conditions of access and use

 

1.1 - Acceptance and modification of the TOS

By accessing the Site, you agree to abide by these TOS and all the terms and conditions contained or referred to, in force on the day of such access.
If you do not agree to any of the obligations or conditions contained herein, please do not use the Site. Dawex may modify at any time all or part of the Site and / or the TOS.


1.2 - Use of the Site

You agree, in general, to comply with the TOS as well as the legal obligations in force.
In particular, you agree to comply with the following rules:
  • to use the Site in a loyal manner and in accordance with its purposes;
  • not to copy all or part of the Site, nor to reproduce, sell, make it available under license, distribute, transfer, modify, adapt, translate or prepare derivative works;
  • not to circumvent or defeat the rules of security or use of content that are provided, deployed, or applied by a feature of the Site;
  • not to use any device such as a virus, robot, software or routine to interfere or attempt to interfere with the proper working of the Site or its use by any other person;
  • not to publish or introduce inaccurate or misleading information when using the Site;
  • not to impersonate any other person;
  • not to collect information from other users in order to use it, in particular for sending commercial or equivalent solicitations, or to integrate it into a referencing service.

2 - Intellectual property

 

All texts, comments, illustrations, works, and images reproduced or represented on the Site are the property of Dawex, or Dawex holds the usage rights, and are protected under intellectual property laws. Any reproduction, representation, modification, or adaptation in full or in part of the Site and/or all or part of the elements on the site, or which are incorporated within the site, is strictly forbidden and may be deemed as counterfeit.

 

3 - Responsibility 

 

3.1 -  Links to third party websites

The Site may give access to third party websites via hypertext links. Dawex is not responsible for these sites and can not control their content. The fact of giving access to third party websites via hyperlinks does not engage the responsibility of Dawex for the content of these sites and sites to which new links may refer.
Your use of such third party sites may be subject to additional terms and conditions that Dawex does not control. The use of third party sites is therefore under your responsibility.


3.2 - Warranty

The Site is accessible and made available "as is" without any guarantee from Dawex as to the accessibility of the Site.
Dawex does not guarantee that the information available is free of errors, inaccuracies or completeness.
However, Dawex undertakes to make its best efforts to verify the quality, truthfulness, security and accuracy of the information and data available on the Site and to ensure its proper functioning.

 

3.3 - Responsibility for accessing the Site

Dawex can not guarantee that the Site is free of anomalies, errors or bugs, or that these can be corrected. Dawex reserves the right to modify, suspend or discontinue the Site at any time. Its responsibility can not be held liable for this fact.
The Site may be inaccessible during periods of maintenance, updates or changes. We cannot be held liable in the event of interruption of access to the Site due to maintenance, updating or modifications of all or part of the Site.
Dawex can not be held responsible for the interpretation that the Visitor will make of the information on the Site.
Dawex can not be held liable for any damages incurred during the downloading of data from the Site.


3.4 - Application Act - Attribution of Jurisdiction 

These TOS are subject to French law. Any dispute relating to their interpretation and/or execution shall fall under the jurisdiction of the competent court within the jurisdiction of the Court of Appeal of Lyon.
The original French version of the TOS may have been translated into other languages for ease of understanding.


4 - Personal Data 

 

4.1 – Regulation (EU) n°2016/679

In this article, the following terms have the meaning given to them by Regulation (EU) No. 2016/679 (hereinafter "GDPR"): personal data, processing, controller, processor.
Dawex undertakes to ensure a level of protection of the Customer's personal data in accordance with Law No. 78-17 of January 6, 1978 as amended, known as the Data Protection Act and Freedoms, and the General Regulation on Data Protection No. 2016/679 of May 25, 2016, known as RGPD.
For any additional information on the protection of Personal Data, you can consult the site of the Commission Nationale de l'Informatique et des Libertés (CNIL) accessible at the following address: www.cnil.fr.

 

4.2 - Personal data collected by Dawex on the Site

  1. Dawex establishes statistics regarding Site visits (number of pages visited, frequency, etc.). These statistics are stored for a duration of 3 (three) years. This processing is carried out in accordance with Dawex’s legitimate interest.
  1. Dawex establishes individual statistics regarding Site visits (number of pages visited, frequency, etc.) thanks to the deposit of cookies on the Visitor's browser. These statistics are stored for a duration of 3 (three) years, or until the request for deletion of the data by the data subject. This processing is carried out in accordance with Dawex’s legitimate interest.
  1. When subscribing to the Dawex newsletter, the email address of the subscriber is collected and kept until unsubscribing. It is possible to unsubscribe from this newsletter at any time. After unsubscribing, unless the email address is kept for other purposes, in particular if it is the email address of a member of the Platform, it is deleted. The legal basis for this processing is consent.

 

4.3 - Cookies

Dawex utilise des cookies pour identifier les Visiteurs et personnaliser le Site. Le Visiteur peut à tout moment choisir de désactiver ces cookies.
Dawex also uses cookies to identify the Visitor and personalize the Site. The Visitor may choose to deactivate these cookies at any time. 


4.4 - Rights of the Data Subject (person concerned)

As stipulated by law, you have the right to access, rectify, delete, and oppose the use of your data for legitimate reasons. You can exercise these rights, subject to proof of identity, by sending your request to dpo@dawex.com. You also have the right to file a complaint with the CNIL, the French National Commission on Informatics and Liberty.

Dawex has appointed an external Data Protection Officer who can be reached at the following e-mail address: dpo@dawex.com.


5 - Legal mentions

 

Dawex Systems is a simplified joint-stock company under French law, with headquarters at 20 place Louis Pradel, 69001 LYON (France), registered at the RCS de Lyon under the number 810 307 207, NAF code 6201Z, intracommunity VAT: FR 74 810307207.

Publication director: Mr. Fabrice Tocco, CEO

Site hosting: HubSpot Ireland Ltd, One Dockland Central, Guild Street, Dublin 1, Co. Dublin, Ireland (https://www.hubspot.com/).

Contact: support@dawex.com or +33972505670

Postal address: 20 place Louis Pradel, 69001 LYON (France)