These general terms and conditions("GTC") govern the relationship between the company COSALE (owner of Pilotage-risques.com), a limited liability company with a capital of €600,000, headquartered at 58 rue l’Abbé Lemire F-59700 Marcq-en-Baroeul, registered with the Lille Métropole Trade and Companies Register under number 513 969 642 (hereinafter referred to as the "Company" or "Service Provider"), and its customers.
The Company is a service provider operating in the field of information services for businesses and individuals.
As such, the Company offers a Service related to risk management, allowing a Client to configure, create, identify, enter, and enrich their risks within their company, and then have an organized output in the form of searches, dashboards, personalized reports, etc.
Definitions:For the purposes of these terms and conditions, expressions starting with a capital letter shall have the following meanings, unless the context requires otherwise:
Purpose:The GTC aim to define the terms and conditions under which the Company sells or provides the Service subscribed by the Client from the creation of their account, whether it is free to use during the first 6-month trial period or paid for by the License.
Acceptance of the General Terms and Conditions (GTC):By using all or part of the Company's services, including the account creation, the Client acknowledges having read the GTC and agrees to comply with them without any reservation. Any contrary condition, especially any general condition imposed by the Client, cannot prevail over the GTC unless expressly and in writing accepted by the Company, regardless of the time it may have been brought to its attention. The Client shall ensure compliance with these GTC by all of its employees, representatives, and agents, as long as they directly or indirectly represent the Company. These General Terms and Conditions of Sale are accessible at any time on the Website and shall prevail, if applicable, over any other version or conflicting document. Unless proven otherwise, the data recorded in the computer system of the Service Provider constitute evidence of all transactions concluded with the Client. In accordance with the law "Informatique et Libertés" of January 6, 1978, reinforced and supplemented by the GDPR which came into effect on May 25, 2018, the Client has, at any time, a right of access, rectification, opposition, erasure, and portability of all personal data by writing, by mail, and providing proof of identity to COSALE (PILOTAGE-RISQUES.COM), 58 rue l’Abbé Lemire F-59700 Marcq en Baroeul. The Client declares to have read these General Terms and Conditions of Sale and to have accepted them in full upon validation of the account creation. Unless proven otherwise, the data recorded by COSALE (PILOTAGE-RISQUES.COM) constitutes evidence of the Client's use of the Services. The Client acknowledges having the required capacity to contract and acquire the Services offered on the Site. The Company reserves the right to modify or update the General Terms and Conditions of Sale at any time. Clients will be informed and will have a period of eight (8) days to notify, by regular mail or email, their refusal of the proposed modifications and consequently request the termination of their contract. In the absence of such notification, the proposed modifications will be considered tacitly accepted by the Clients, and the applicable version for the Client's purchase will be the one in force on the Site at the date of the account creation. To be able to use the Service, the Client must have legal capacity and be a professional registered with the Trade and Companies Register in France, Belgium, Luxembourg, or Switzerland.
Minimum Technical Configuration Required:. Desktop computer or tablet . Internet access . External email address (e.g., j.dupont@Site.fr) . A recent web browser (Edge, Chrome, Firefox, Safari, Opera, ...) . A PDF reader Ideally, the reports and dashboards will be edited and saved (printed) in PDF format.
Registration Procedure:Any Client has the option to register during their first visit to the Website in order to create an Account. Client registration on the Website is free. To open their Account, the Client must: - Provide their professional email address, name, first name, RCS number, and their position or role; and - Choose a password (minimum 11 characters, including letters, numbers, and special characters, and a maximum of 15 characters). Any incomplete registration will not be validated, which the Client acknowledges and accepts. The information provided by the Client to COSALE (PILOTAGE-RISQUES.COM) during registration must be complete, accurate, up-to-date, sincere, and must not be misleading. COSALE (PILOTAGE-RISQUES.COM) reserves the right to request from the Client confirmation of their identity, eligibility, and the provided information by appropriate means. The Client is informed and accepts that the information entered for the purpose of creating or updating their Account serves as proof of their identity. The information entered by the Client binds them upon validation. The Client undertakes to promptly update this information in their Account in case of any changes, to ensure it always meets the above criteria. The registration of a Client automatically leads to the opening of an Account in their name, which allows them to: Consult and manage their information on the Website; Update and configure the risks; Edit the content of the entered information; Search for information on the entered risks; Produce a summary document on the entered risks. At this stage, the Client will receive an email to the provided email address confirming their registration. The email address and the password constitute the Client's Identifiers. The Client can log in to their Account to change the password. It is recommended for the Client to change their password regularly and not disclose it to anyone. Clients have access to their Account at any time after identifying themselves using their Identifiers. COSALE (PILOTAGE-RISQUES.COM) undertakes to securely retain all contractual elements required by law or regulations in force.
Management of Identifiers:The Client will be solely responsible for the use of their Identifiers or actions performed through their Account. If a Client discloses or uses their Identifiers contrary to their intended purpose, COSALE (PILOTAGE-RISQUES.COM) may terminate access to the Account without notice or compensation, after providing the Client with a copy of their data in .csv format. Secondary user accounts, delegated by the main User, receive a fixed password; it can be changed by re-entering the email in the "Secondary User Settings" page. Under no circumstances can COSALE (PILOTAGE-RISQUES.COM) be held responsible in case of identity theft of a Client. Any access and action performed from a Client's Account will be presumed to have been carried out by that Client, as COSALE (PILOTAGE-RISQUES.COM) is not obliged and does not have the technical means to verify the identity of persons accessing the Account. However, since each account creation requires the RCS number, checks will be carried out for compliance with the information for each Client. Any loss, misuse, or unauthorized use of a Client's Identifiers and their consequences are the sole responsibility of the Client, who must immediately notify COSALE (PILOTAGE-RISQUES.COM) by email at the following address: email@example.com. It is strongly recommended not to leave the identifiers and passwords of all users visible and to use a reliable password manager (e.g., 1password, Dashlane, Securesafe, etc., provided here as examples).
Cancellation:The Client can close their Account at any time on the account management page. They will receive a confirmation link by email. Deletion is irreversible. COSALE (PILOTAGE-RISQUES.COM) will proceed with deactivating the Account within a maximum of 3 days and will send the Client an email confirming the closure. Within this timeframe, the Client agrees to retrieve all their data from the Account using the "retrieve data" link, which will generate a file in .csv format containing the entered data. The Company will no longer retain any information after the Account's closure after 15 days, except for the minimum contact information required for the accounting justification of license invoices.
Content and Data Processing by the Website:The data entered in the different risk sections are the sole responsibility of the User. The processes carried out through the different menus on the Website may not yield the expected results if the entered data is incomplete, fragmented, or inconsistent. The Website has an obligation of means and not an obligation of results. The automated processes offered by the Website may evolve to improve the services or, more exceptionally, be discontinued or disappear if deemed unused, in which case all Clients will be informed in advance by email. In both cases, there will be no impact on the cost of the License.
Effective Date and Duration:The Contract, of which the GTC are an integral part, takes effect from the date of Account creation. The Services are concluded for a fixed period of six months, followed by a two-year period, renewable automatically upon payment of the License, for a period equivalent to the initial two-year term, unless the Client initiates Account closure or if the Website usage is not in compliance with the GTC.
License Fees:Full access to the Website is free for a period of six months. The license fee is invoiced at €500 (excluding taxes) for a two-year period, with the starting date being the receipt of payment by the Company, through a bank transfer from the Company to the Client. This payment will result in a proper invoice, subject to VAT.
Renewal:Two months, one month, 15 days, 10 days, 5 days, and 1 day before the expiration of the license, if the Client holds one, a reminder email will be sent to the Client's email address to inform them of the upcoming deadline. Renewal for a new two-year period at the rate of €500 (excluding taxes) will be processed if the Client makes the payment within the specified timeframe. If the payment is not made by day 15 after the License period ends, and there is no response, the Company will irreversibly erase all information from its database, except for those required for invoicing accounting entries.
Client Obligations:The Client undertakes to comply with all the prerequisites of the Company, as well as any organizational or technical instructions provided by the Company for the proper execution of the Services. The main User can delegate up to five people for risk management. It is their responsibility to implement the same level of security measures as the delegated users.
Responsibility:The Company assumes an obligation of means in the execution of its obligations. Consequently, the Company cannot be held responsible for any malfunctions of a Service solely due to their existence. The Company does not guarantee 100% continuous operation of the Services, nor that they are free from errors, including software and network issues from its Swiss provider Infomaniak, which has a reliability rate of 99.999%. Occasional breakdowns could occur with our provider for maintenance purposes, to counter external intrusions, etc. The liability of the Company can only be established in case of gross negligence or proven negligence in the execution of its obligations and will be expressly limited in all cases to the amount received by the Company for the Services during the six months preceding the occurrence of gross negligence or negligence, excluding all other damages, of any kind, including loss of business, indirect damages, loss of information, and damages caused to third parties.
Personal Data:Each Party guarantees the other Party's compliance with legal and regulatory obligations regarding the protection of personal data. To be able to follow the training provided by the Company, it is necessary to identify oneself using the login credentials provided during registration. The protection of personal data is ensured according to the provisions of the "Data Protection and Privacy" article of these GTC.
Intellectual Property:All resources, regardless of their nature, are strictly for the Company's personal use and are protected by the provisions of the intellectual property code. The Client undertakes not to reproduce, directly or indirectly, in whole or in part, adapt, modify, translate, represent, market, or distribute to non-participating personnel of the company or third parties, such resources.
Confidentiality and Security:Each Party undertakes to keep confidential, except with the express and prior agreement of the other Party or in cases of force majeure, all information related to the Services, or the activities or organization of the Parties. Each Party undertakes to take, with regard to its staff and more generally with regard to all authorized external persons who have access to the Services, all necessary measures to ensure the confidentiality of access means to the Services, including all identifiers and access codes provided to them. The Company cannot be held responsible if the User's identifiers and passwords have not been secured by the User at their level, including not keeping said identifiers and passwords in clear text. In the extreme case of a violation of the site and/or the Site's data by an external third party, each client would be informed, in accordance with the GDPR, of the nature of the problem, the data that may have been transmitted, the measures taken to secure the Site, and the potential impact related to it.
Force Majeure:The liability of each Party will be released in the event that it becomes impossible for it to perform part or all of its obligations due to the occurrence of events considered as force majeure as usually recognized by jurisprudence, or due to any other event beyond the reasonable control of the parties, such as general strikes, terrorist attacks, war, or any other event preventing the normal execution of obligations under the Contract. The Party invoking force majeure must notify the other party in writing, describing the event invoked and its impact on the performance of contractual obligations. The performance of the obligations of the impeded party will then be postponed for a period equal to the duration of the suspension caused by this event. However, the party invoking force majeure will make efforts to find means to remedy the situation or limit its harmful consequences with the other party. To this end, the parties agree to meet as soon as possible to define, to the extent possible, the measures integrating the management of this event in the realization of the services. The parties will formalize said measures in writing. The end of the force majeure event is also communicated in writing by the party invoking it.
Data Protection and Privacy:In accordance with the "Data Protection and Freedom of Information" law of January 6, 1978, reinforced by the provisions of Law No. 2004-801 of August 6, 2004, and supplemented by the GDPR, which entered into force on May 25, 2018, the information requested is necessary for the processing of your registration and is intended for the Company's services. The processing of personal data has been declared to the CNIL under number 2097030 by the Company, from whom you can exercise, in accordance with the provisions of Articles 39, 40, 41, and 42 of the amended Law 78-17 of January 6, 1978, your rights of access, rectification, and opposition. To exercise these rights, simply contact the Company by email at firstname.lastname@example.org or by postal mail at 58 rue l’Abbé Lemire F-59700 Marcq-en-Baroeul. It is specified that COSALE (PILOTAGE-RISQUES.COM) only keeps the data for the duration necessary for the operations for which they were collected, and in compliance with current regulations. In the event of an account closure, three days after receiving the written instruction, all information provided by the Client will be erased from the Site, the database, and all backup media. The individuals concerned by the implemented processing also have the right to object at any time, for reasons related to their particular situation, to a processing of personal data based on the legitimate interest of the Company. They also have the right to establish general and specific directives defining how they wish the rights mentioned above to be exercised after their death, by writing an email or letter to the Company at the addresses mentioned above, accompanied by a copy of a signed identity document.
Validity of the General Conditions:Any modification of current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions, shall not affect their validity. Such modification or decision shall in no case authorize the Clients to disregard these General Terms and Conditions. Any possible failure of an article in these terms and conditions does not change the essence of these GTC and other articles.
Modification of the General Conditions:These General Terms and Conditions apply to the entire Site as long as it is available online (excluding any possible access interruptions due to the computer provider to which the Site is connected). The General Terms and Conditions may be modified and updated by COSALE (PILOTAGE-RISQUES.COM) at any time. The applicable General Terms and Conditions are those in force at the time of License validation. Modifications made to the General Terms and Conditions will not apply to already purchased Services.
Jurisdiction and Applicable Law:The competent commercial court in the event of disputes is that of the Company's registered office, namely the Commercial Court of Roubaix-Tourcoing.