1. Presentation of the website.
Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is clear to users of the SYSTEMX website the identity of the various stakeholders in the context of its implementation and of his follow-up :
Owner : SAS SYSTEMX Share capital of 80000 € VAT number: 482 042 413 - 45, rue Anatole France 92300 LEVALLOIS PERRET (FRANCE)
Publication Manager : HUGUENIN - 0635380902
Host : OXITO - The Way of the Devil 1024 ECUBLENS 0974765060
Data Protection Officer : LECOMMANDOUX - – firstname.lastname@example.org
2. General conditions of use of the site and services offered.
The Site constitutes a work of the spirit protected by the provisions of the Code of the Intellectual Property and the applicable International Regulations. The Customer may not in any way reuse, assign or exploit for his own account all or part of the elements or works of the Site.
The use of the https://www.system-x.fr website implies the full and complete acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the site https://www.system-x.fr are therefore invited to consult them regularly.
This website is normally accessible to users at any time. An interruption due to technical maintenance may however be decided by https://www.system-x.fr, who will then endeavor to communicate before users the dates and times of the intervention. The website https://www.system-x.fr is updated regularly by https://www.system-x.fr responsible. In the same way, the legal mentions can be modified at any time: they impose nevertheless on the user who is invited to refer to it as often as possible in order to take note of it.
3. Description of the services provided.
The purpose of the website https://www.system-x.fr is to provide information concerning all the activities of the SYSTEMX company and endeavors to provide on the https://www.system-x.fr site information as accurate as possible. However, it can not be held responsible for the omissions, inaccuracies and deficiencies in the update, whether of its own doing or because of third party partners who provide this information.
All information listed on the site https://www.system-x.fr are given for information only, and are subject to change. Furthermore, the information on the site https://www.system-x.fr is not exhaustive. They are given subject to modifications having been made since they went on line.
4. Contractual limitations on technical data.
The website can not be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing viruses and with a browser last generation updated. The https://www.system-x.fr website is hosted by a service provider in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: n ° 2016-679).
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for maintenance purposes, to improve its infrastructures, to fail in its infrastructures or if the Services and Services generate deemed traffic. unnatural.
SYSTEMX and the hosting company can not be held responsible in the event of a malfunction of the Internet, telephone lines or computer and telephony equipment related in particular to the congestion of the network preventing access to the server.
5. Intellectual property and counterfeits.
SYSTEMX owns the intellectual property rights and has the rights to use all the elements available on the website, including text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorization of SYSTEMX.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Code of Intellectual Property.
6. Limitations of liability.
SYSTEMX acts as publisher of the site and is responsible for the quality and veracity of the Content it publishes.
SYSTEMX can not be held responsible for direct or indirect damage caused to the user's equipment, when accessing the website https://www.system-x.fr, and resulting from the use of a hardware failing to meet the specifications indicated in point 4, either the appearance of a bug or an incompatibility.
SYSTEMX can not also be held liable for indirect damages (such as for example a loss of market or loss of opportunity) resulting from the use of the site https://www.system-x.fr. Interactive spaces (possibility to ask questions in the contact area) are available to users. SYSTEMX reserves the right to delete, without prior notice, any content posted in this space that would violate the applicable law in France, especially the provisions on data protection. Where applicable, SYSTEMX also reserves the right to question the user's civil and / or criminal liability, particularly in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text , photography …).
7. Management of personal data.
The Client is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 and the General Regulation on Data Protection (RGPD: No. 2016-679).
For the Personal Data collected as part of the creation of the User's personal account and its navigation on the Site, the Person in charge of the processing of Personal Data is: SYSTEMX and is represented by Mr Bruno JOSEPH, his legal representative
As the person responsible for processing the data it collects, SYSTEMX undertakes to comply with the legal provisions in force. In particular, it is up to the Customer to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consent, complete information on the processing of their personal data and maintain a record of treatments in line with reality. Whenever https://www.system-x.fr processes Personal Data, SYSTEMX takes all reasonable steps to ensure the accuracy and appropriateness of the Personal Data with regard to the purposes for which SYSTEMX processes them.
7.2 Purpose of the data collected
SYSTEMX may process all or part of the data :
SYSTEMX does not commercialize your personal data which is therefore only used by necessity or for statistical purposes and analyzes.
7.3 Right of access, rectification and opposition
Conformément à la réglementation européenne en vigueur, les Utilisateurs de https://www.system-x.fr disposent des droits suivants :
As soon as SYSTEMX becomes aware of the death of a User and in the absence of instructions from him, SYSTEMX undertakes to destroy his data, unless their retention is necessary for probative purposes or to fulfill a legal obligation.
If the User wishes to know how SYSTEMX uses his Personal Data, ask to rectify or oppose their treatment, the User may contact https://www.system-x.fr in writing at the following address:
SYSTEMX – DPO, LECOMMANDOUX Yohann
45, rue Anatole France 92300 LEVALLOIS PERRET
In this case, the User must indicate the Personal Data that he would like SYSTEMX to correct, update or delete by identifying himself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations that are imposed on SYSTEMX by law, particularly with regard to the preservation or archiving of documents. Finally, Users of https://www.system-x.fr may file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
SYSTEMX is prohibited from processing, hosting or transferring the Information collected on its Clients to a country located outside the European Union or recognized as "unsuitable" by the European Commission without informing the client in advance. However, SYSTEMX remains free from the choice of its technical and commercial subcontractors on the condition that they present sufficient guarantees with regard to the requirements of the General Regulation on Data Protection (RGPD: No. 2016-679).
SYSTEMX undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer's Information is brought to the attention of SYSTEMX, it shall promptly inform the Customer and notify him of the corrective measures taken. In addition, SYSTEMX does not collect any "sensitive data".
The Personal Data of the User may be processed by SYSTEMX subsidiaries and subcontractors (service providers), exclusively for the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main people likely to have access to the data of SYSTEMX Users are mainly the agents of our customer service.
8. Incident Notification
Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We can not therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and providing them with all the information they need to help them comply with their own regulatory reporting requirements.
No personal information of the user of the site https://www.system-x.fr is published without the knowledge of the user, exchanged, transferred, assigned or sold on any support to third parties. Only the assumption of redemption of SYSTEMX and its rights would allow the transmission of such information to the prospective purchaser who would in turn be given the same obligation to store and modify data with respect to the user of the site. https: //www.system-x.fr.
When processing Personal Data, SYSTEMX shall take all reasonable steps to protect it against loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links "cookies" and tags ("tags") internet
Unless you decide to disable cookies, you agree that the site may use them. You may at any time disable these cookies for free from the deactivation possibilities offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
9.1. « COOKIES »
A "cookie" is a small information file sent to the User's browser and stored in the User's terminal (eg computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet Service Provider, the User's operating system, and the date and time of access. The Cookies do not risk in any case to damage the terminal of the User.
SYSTEMX may process the User's information concerning his visit to the Site, such as the pages consulted and the searches carried out. This information allows https://www.system-x.fr to improve the content of the Site, the navigation of the User.
Cookies facilitating the navigation and / or the provision of the services offered by the Site, the User can configure his browser to allow him to decide whether or not he wishes to accept them so that Cookies are registered in the Website. the terminal or, on the contrary, that they be rejected, either systematically or according to their issuer. The User can also configure his browser so that the acceptance or rejection of Cookies are proposed to him punctually, before a Cookie is likely to be registered in his terminal. SYSTEMX informs the user that, in this case, it is possible that the functionality of its browser software is not all available.
If the User refuses the registration of Cookies in his terminal or his browser, or if the User deletes those who are registered there, the User is informed that his browsing and his experience on the Site may be limited. This could also be the case when https://www.system-x.fr or one of its service providers can not recognize, for technical compatibility purposes, the type of browser used by the terminal, the language settings and display or the country from which the terminal appears to be connected to the Internet.
If necessary, SYSTEMX declines any responsibility for the consequences related to the degraded functioning of the Site and the services possibly offered by https://www.system-x.fr, resulting (i) from the refusal of Cookies by the User (ii) the impossibility for https://www.system-x.fr to register or to consult Cookies necessary for their operation because of the choice of the User. For the management of Cookies and the choices of the User, the configuration of each browser is different. It is described in the help menu of the browser, which will indicate how the user can change his wishes for cookies.
At any time, the User can make the choice to express and modify his wishes regarding Cookies. SYSTEMX may also use the services of external service providers to help collect and process the information described in this section.
Finally, by clicking on the icons dedicated to Facebook and LinkedIn social networks appearing on the https://www.system-x.fr website and if the user has accepted the deposit of cookies by continuing to browse the website of SYSTEMX, Facebook and LinkedIn can also place cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your devices if you consent, by continuing your navigation on the Website https://www.system-x.fr. At any time, the User may nevertheless revoke his consent to SYSTEMX depositing this type of cookie.
10. Applicable law and jurisdiction.
Any dispute in connection with the use of the site https://www.system-x.fr is subject to French law. Except in cases where the law does not permit, exclusive jurisdiction is granted to the competent courts of NANTERRE (FRANCE).
TERMS AND CONDITIONS OF SALE OF THE MATERIALS, SERVICES AND SOFTWARE PROVIDED BY SYSTEMX®
This contract defines the prices and terms of maintenance, supply and delivery of equipment or consumables necessary for the operation of the hardware (s), its accessories and the software supplied by SYSTEMX®, described in the order form and traceable by their number series.
The prices applied correspond to the tariff in force on the day of the signature or the dates of renewal of these. They will be readjusted annually according to the evolution of the rates of SYSTEMX®.
Upon delivery, the receipt results from the signature by the customer of the delivery note. The customer verifies the shipments on arrival and makes, if necessary, any reserve in case of damage or missing in the forms and time provided for in Article L 133-3 of the Commercial Code. Otherwise, the responsibility of SYSTEMX® can not be questioned.
The service includes:
a) The annual commitment of pages fixed contractually. The number of pages actually printed will be recorded on each anniversary date, or quarterly, either by communicating the official meter reading by the customer to SYSTEMX®, or by any minutes drawn up during a maintenance operation by SYSTEM® technicians. . Only the number of pages displayed by the printer's counters is taken into consideration, excluding any other page counting module. If the exact statement proves impossible to obtain from the customer, the number of pages will be estimated by SYSTEMX® according to the past consumption of the machine. If there is any dispute on the part of the customer, it can only be done from the official communication by the customer of the actual meter. The necessary adjustment which would then, if necessary, be recorded, would be taken into account by SYSTEM® when issuing the next invoice.
The page commitment is defined by machine and page type (color / black). This commitment is not substitutable between machines of the same park, nor smooth over several consecutive periods.
b) The maintenance of the material carried out by our subcontractor or by SYSTEMX® :
Customer's call-out and preventive replacement of parts and adjustments, all according to the standards set by the manufacturer
c) The supply of consumables necessary for the use of the equipment (ink, toner, drum), excluding staples.
d) Initial configuration of hardware and software provided by SYSTEMX®, according to customer specifications.
e) Initial training when installing hardware and software provided by SYSTEMX®.
f) The maintenance of software provided by SYSTEMX®, on site if deemed necessary by SYSTEMX®.
g) Access to the SYSTEMX® Support / Hotline, from Monday to Friday from 9am to 6pm, excluding public holidays (France).
The service does not include:
a) Reclamations and interventions originating in a cause unrelated to the hardware and/or software supplied by SYSTEMX®, a modification or deterioration thereof, a use that does not comply with the requirements of SYSTEMX® or applicable standards hardware technology, use of parts, materials, consumables, or print media that are not compatible or approved by the manufacturer
b) The supply of print media, unless express condition.
c) The delivery of new versions of third-party software, initially provided by SYSTEMX® as part of deployments (Microsoft ® software, etc.).
d) The configuration change of the software provided by SYSTEMX®, the reinstallation of these, the provision of the software on a new server, for example but not exclusively in case of computer failure.
If applicable, these services not covered but specifically requested by the customer will be invoiced separately, and will be calculated according to the rate of SYSTEMX® benefits in effect on the date of the request.
A supplementary extended services contract, called the SYSTEMX® Global Service package, covering Article 4 (c), as well as extended support / hotline ranges, may be offered to the customer upon request.
Note: the customer is prohibited any intervention on the hardware and / or software object of these, by persons not authorized by SYSTEMX®, under penalty of having to bear the costs related to the repair, transportation or other products. In any event and in this case, SYSTEMX® will be entitled to terminate the contract without any penalty for the supplier.
a) SYSTEMX® makes available to its client the software components of the XDP and BACKBONE® software suite, any copy of which is made available to a third party is strictly prohibited.
b) XDP®, View & Print®, SYSTEMX®, BACKBONE®, their derivatives and all distinctive signs and designations on the equipment are registered trademarks whose use is not granted to the customer by this contract.
c) When an operating system is physically integrated with the equipment mentioned on the purchase order or when it constitutes the accessory required for its operation, this contract implies a non-exclusive license to use the said system.
The customer agrees not to make a copy of the system, and not to use it on other equipment. It can not transfer the license of use, in the terms defined above, even if it transfers the property or the use of the equipment itself.
d) By express agreement, the customer undertakes to ensure that the reproduction of the documents to which he will proceed or will proceed on the equipment will be in accordance with the law and respectful of the rights of third parties. The customer disclaims any liability for SYSTEMX® in this regard; in case of complaints, he undertakes to make his personal case and to guarantee SYSTEMX®.
If the equipment is rented, the customer has an obligation of property insurance. He must, upon simple request of SYSTEMX® to provide the certificate. Any damage, even slight, affecting the said equipment must be reported to SYSTEMX®. The relocation expenses are the responsibility of the customer who will make the case of the reimbursement of repairs and expenses by his insurance.
In the event of sale of the equipment, SYSTEMX® retains the entire ownership of the equipment until full payment of the price of the equipment, accessories and services as well as ancillary costs and taxes. Until this date, the customer can not, in any way, dispose of the equipment or move it without the prior agreement of SYSTEMX®.
If the customer does not respect the terms of payment indicated in the GSC or if, prior to full payment, it is the subject of a reorganization or liquidation procedure, SYSTEMX® reserves the right to repossess the payment. equipment at the customer's expense. For this purpose, SYSTEMX® and its carrier are allowed to enter during the business hours of the customer in the premises where the equipment is located, to proceed with its removal.
The service will be billed quarterly, term to expire. A processing fee may be applied to each invoice, the amount of which can be updated each year).
Invoices are payable cash upon receipt and will be established at the rate in effect on the day of issue, unless expressly agreed.
In the event of early termination of the contract by the customer, no refund will be due by SYSTEMX®. The customer agrees to pay the full amount remaining due under this contract, plus 10% under the termination indemnity. In case of invoicing on the basis of monthly or quarterly meter statements, the amounts due will be calculated on the basis of the last twelve (12) months billed.
Any amount not paid by the customer, of any nature whatsoever, including the "maintenance pages", levies on behalf of third parties (via a leaser), rents etc. as well as any late payment will result in the application of late penalties at the minimum rate set by law, three times the legal interest rate. According to Article L 441-6 of the Commercial Code, a fixed penalty of 40 euros may be requested from the customer for recovery costs. Any formal notice not settled within eight (8) days of its receipt may result in no further notice from SYSTEMX® stopping the provision of services and Support / Hotline.
This contract is renewable annually, after the period originally planned, by tacit renewal unless denounced by registered letter with acknowledgment of receipt at least three (3) months before the end of the current period. It will take effect from the effective date mentioned above, and may be terminated at any time by SYSTEMX® in the event of default, even partial, of payment at the agreed upon dates.
In this case SYSTEMX® will take back the delivered consumables, and the customer will have to pay all the sums due, until the expiry of the present contract plus 10% for the cancellation indemnity.
By express agreement, the responsibility of SYSTEMX® can not be generally sought for any reason whatsoever and, in particular, because of delay or interruption of program or production execution.
With regard to the RGPD, SYSTEMX has put in place strict controls, aimed at ensuring the security of patient data managed in its programs. The Software provided by SYSTEMX® has, from their design and by default, features of protection of personal data. When the Customer asks SYSTEMX to carry out a maintenance operation on one of its software, the processing that SYSTEMX may perform on personal data of patients is limited exclusively to the sole purpose defined by the Client. All SYSTEMX staff, as well as any third-party subcontractors, who would be involved in software running on the Customer's site, were made aware of the respect of the protection and the confidentiality of the data, as recommended by the RGPD. In the event that a SYSTEMX employee finds, during an intervention on the Customer's site, a violation of the RGPD, SYSTEMX undertakes to immediately inform the Customer as soon as possible so that the latter can inform the Competent Authorities. Regarding compliance with the RGPD, the Customer remains fully responsible vis-à-vis his patients compliance with the rules, the responsibility of SYSTEMX can not be engaged in this respect.
The customer agrees not to assign the present contract without the written agreement of SYSTEMX®.
The maintenance operations on site or by the Hotline Support will take place from Monday to Friday, during SYSTEMX® working hours, except holidays or non-working days, following a call from the customer, or at the initiative of the SYSTEMX® technicians. The customer agrees to allow any ease of access and work to the persons mandated by SYSTEMX®.
The customer's contact details may be the subject of commercial prospecting campaigns without further authorization. SYSTEMX® will forego these actions if the customer sends a request to SYSTEMX® by registered letter.
Subject to the provisions of article 48 of the new code of civil procedure and including in case of multiple defenders, the court of Nanterre will have sole jurisdiction, whatever the place of delivery and the mode of payment, for any dispute relative the execution of the contract and its consequences.