CONDITIONS OF USE AND PRIVACY POLICY – GENERAL CONDITIONS OF USE

Condition of access to services

Proposed services

The site is a portal showcasing Trace Software International’s innovative solutions for CAD and electrical computing for industry and the service sector. The site also exposes additional services to ensure the best integration of these solutions.

Access to services

The Website is accessible free of charge to any User who has access to the Internet. All costs related to access to the Service, whether material costs, software or access to the Internet are exclusively the responsibility of the User. He is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
The Company implements all reasonable means at its disposal to ensure quality access to the Site, but is under no obligation to do so.
It can not, moreover, be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent or degrade access to the Service.

Trace Software International reserves the right to interrupt, suspend momentarily or modify without notice access to all or part of the Site for the purpose of maintenance, or for any other reason. This interruption will not have any obligation or compensation.

Registration – Personal Data

In order to purchase Trace Software products through the Site’s e-shop, the User must register with the Company by creating an account (free). He will then be asked to provide certain information and to create a username and password. Similarly, in order to benefit from a free test and / or receive information about products and services, the User must complete a form. To this end, it undertakes to provide accurate, up-to-date and complete information and to update it if necessary as soon as possible.
**Regarding their rights with regard to their Personal Data**, Users are invited to read the Trace Software International Personal Data Management page, the content of which forms an integral part of these Terms of Use.

Limitations of responsibilities

Trace Software International is committed to doing its best to ensure users have access to the site at all times. However, the Company can not be held responsible in case of unavailability of the site, for whatever reason.
The user acknowledges having the skills and means necessary to access the site and use it, and acknowledges having verified that the computer configuration used contains no virus or malware and is in perfect working order.
Trace Software International makes every effort to provide users with information and tools that are available and verified, but can not be held responsible for errors or inaccuracies, lack of availability of information and / or the presence of viruses or other infections on his site.
Trace Software International does not grant to Internet users any explicit or implicit guarantee, with regard to the exactitude, the exhaustiveness or the update of the information contained in this site, or accessible from this site.
In addition, the Company does not guarantee in any way the adequacy of information with the needs of the user, therefore it can not support any claim for compensation for direct or indirect damage suffered by the user following the consultation and the use of the information obtained through the site.
The user therefore acknowledges using the information and tools available on the Site under his exclusive responsibility.

Intellectual property

The website http://www.trace-software.com/en/ taken as a whole, as well as each element that composes it (brands, logo, texts, sounds, images, videos, animations, database … **without making this list limited**), are the exclusive property of Trace Software International.
The user has a right to private, personal, non-collective and non-exclusive use of this content. Subject to the exceptions to copyright provided by Article L122-5 of the French Intellectual Property Code, any other use of the content is subject to prior and express authorization from Trace Software International, especially in the event that the user considers to repost the content on another site. Violation of these mandatory provisions subjects the offender, and all persons responsible, to the criminal and civil penalties provided by law.
For any authorization request, the User must contact the Company

Link with Third Party Websites

The Site offers links to other websites managed by Third Parties. To the extent that no control is exercised over these external resources, the User acknowledges that Trace Software International assumes no responsibility for the provision of these resources and can not be held responsible for their content or effects.

Changes to the Terms of Use

Trace Software International may at any time revise these Terms of Use by updating this document.
All changes are published on this site, Users are therefore encouraged to check the Terms from time to time, as the Privacy Policy may also be updated.

Applicable Law and Jurisdiction

These Terms of Use are subject to French law.

For any dispute or dispute not settled out of court that may arise from these Terms, only the Court of Le Havre will be competent.

Privacy Policy

Preamble

This Privacy Policy defines and informs Users of how Trace Software International “TSI” uses and protects the personal data they transmit to the Company through the Trace Software International website (**hereinafter the “Site”**).
In the same way as the above Terms of Use, any access and / or use of the Site implies the acceptance and respect of all the terms of this Privacy Policy and its unconditional acceptance. It is therefore a contract between TSI and the User.
This privacy policy may be amended or supplemented at any time by TSI, in particular to comply with any legislative, regulatory, jurisprudential or technological developments. In such a case, the date of its update will be clearly identified in this policy. These modifications engage the User as soon as they are posted online. It is therefore appropriate that the User consults regularly this policy of confidentiality and use of cookies to learn about any changes.

1. Personal data

TSI undertakes that the collection and processing of personal information, carried out within the Site, shall be made in accordance with Law No. 78-17 of 6 January 1978, **as amended**, relating to data processing, files and freedoms, hereinafter referred to **”Data Protection Act”** and the General Data Protection Regulation of 27 April 2016 (hereinafter “GDPR”).
Therefore, TSI informs its users of the following points:

1.1 Definition of personal data

“Personal Data” means any information that may result in the identification of an individual.

1.2 Processing of personal data

The “processing” of personal data includes any operation carried out manually or using automated processes applied to personal data. This may include collection, registration, organization, structuring, preservation, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or any other form of provision, reconciliation or interconnection, limitation, deletion or destruction of such data.

1.3 Treatment Manager

The controller is the company Trace Software International “TSI”, SAS with capital of € 195,282.00, registered with the RCS of Le Havre under the number 507 704 716 and whose head office is located at Parc Eco Normandie 76430 Saint Romain de Colbosc – La France.
Telephone: +33 (0) 232794424.

1.4 Nature of data collected

Only necessary and relevant data to the aims pursued are collected (principle of proportionality). These may include:
• Civility
• First and last name
• Email address
• Postal code and country
• Phone
• Login and password
• Any other personal data that may be useful for the purposes set out in Article 1.5 below.
The information that TSI is brought to collect comes from:
Ø Either voluntary registration of an e-mail address allowing the User to receive newsletters.
Ø Either the entry of the user’s personal details during his contact request.
Ø Either create an account via the e-shop.
Ø Either data from the User’s navigation on the Platform through Cookies and other technologies.
If the aforementioned data is provided online, TSI can also collect it offline (eg via a commercial card given voluntarily to an employee of the company). This Privacy Policy will therefore apply regardless of the means of collection.

In addition, TSI may use tools or software that may collect non-personal data via the User’s terminal and in compliance with applicable laws.

“Non-personal data” means any information that does not result in the identification of an individual.

These data are anonymous, processed in aggregate form and are not linked to any of the User’s personal data.

1.5 Purpose of the data collected

Personal data is generally collected for the purposes of TSI’s activities, such as the sale of products and services, marketing and advertising, the constant development of the features and services of the Site to better meet the needs of Users or compliance with the reporting obligations provided for by law.

Depending on the case, the uses are as follows:

• Allow the User to manage his subscription to the newsletter (registration and unsubscription)
  • Allow the User to request information
  • Allow the User to open and manage an account
  • Allow the User to acquire software, subscribe to a commercial service or a support service

In this sense, TSI may also use the User’s e-mail address for administrative or other non-marketing purposes (for example, to notify you of important changes to the Site or for other reasons described in Article 1.9).

1.6. Storage time

The data entered by the User are kept by TSI for the duration of the contractual relationship resulting from the creation of a User Account. The data is then stored for archival purposes.

1.7 Users right

Under the regulations in force, the User remains the master of his personal data, and is therefore free to control at any time the existence, destination, content and scope.

In application of the Data Protection Act and the RGPD, Users may exercise for free and at the service indicated below the following rights:

Right of access

The ability of the processing controller to obtain the confirmation that personal data is being processed and, where appropriate, the possibility to know the purpose of the processing, the category of data used, the recipients of the data, the duration of the data conservation or the criteria used to determine this duration, the rights to request rectification and deletion of data, the limitation of their treatment and the possibility of opposing it, the right to lodge a complaint with the CNIL, or the information relating to any transfer of personal data to a third country.

Right of rectification

Right to obtain from the controller the updating or rectification of inaccurate personal data.

Right to erasure

**Right to obtain from the controller the erasure of personal data where such data are no longer necessary for the purpose for which they are processed, where the data subject withdraws his consent, when he objects to his right to oppose the treatment or where the processing of the data is unlawful**.

Right of limitation

Right to obtain from the controller the limitation of processing where the processing of the data is unlawful, where the data are no longer necessary for the purpose of processing but still have utility for the finding, for the exercise or defense of a right in court or where the data subject has objected to the treatment by virtue of his right of opposition.

Right to data portability

Right to receive the data provided to the controller in a readable, structured and commonly used format and the ability to transfer them unhindered to another controller.

Right of opposition

Right to oppose at any time, for reasons related to his particular situation, the processing of his personal data, especially when these data are processed for purposes of prospecting, profiling, for historical, scientific or statistical research purposes . The controller may continue such processing if he proves that it is necessary because of a legitimate and compelling reason that prevails over the interests and rights and freedoms of the data subject.

These rights concern all the personal data of the User.

Users may exercise these rights by contacting:

• By post to the following address:
  Trace Software International
  User database management service
  Eco Normandy Park – 76430 Saint Romain de Colbosc – France.
  • By mail to the following address: sales@trace-software.com
  TSI has a period of one month from the receipt of the request to provide an answer.

In some cases, the User may also exercise these rights directly:
• Being registered on the site via the e-shop: he can access his data at any time, modify or delete them by logging into his account.
• If you subscribe to one of TSI’s newsletters: you can unsubscribe at any time by clicking on the unsubscribe link at the bottom of each email received.

• Regarding Cookies, he has direct grounds of opposition as specified above in section 2.4.
  If the Users furthermore consider that the processing of their personal data does not comply with the legal and regulatory provisions in force, they may lodge a complaint with the CNIL.

1.8 Data Security and Recipients

TSI is committed to ensuring the protection and security of the personal data that the User chooses to communicate, to ensure the confidentiality of these and to prevent them from being falsified, damaged, destroyed or disclosed to third parties not allowed.
The Company therefore uses physical, electronic and procedural safeguards in principle sufficient to protect such data against misuse, loss and against unauthorized access, disclosure, modification and destruction.

Nevertheless, even if TSI does its best to protect personal data, in view of the unavoidable risks of transmitting data over the Internet, it can not guarantee complete protection against any error occurring during the transmission of personal data that is outside reasonable control of TSI.

Since personal data may be confidential, their access is restricted to employees or service providers who need to know this data in order to perform their tasks.
All persons having access to Users’ personal data are bound by a duty of confidentiality and are subject to disciplinary sanctions and / or other sanctions if they do not comply with these obligations.

Note that the User is responsible for the confidentiality of his password and information appearing on his account. He therefore undertakes to keep this password and to communicate it to no one.

1.9 Transfer of personal data

TSI may disclose personal information to third parties if it believes that such disclosure is necessary for technical reasons (such as hosting services) or to protect the legal interests of the Company (in the case of an acquisition or merger with a third party company or full or partial liquidation, for example).
Therefore, by using the Site, the User agrees to TSI to send his personal data to the aforementioned third parties and acknowledges that these will be processed in accordance with their own privacy policies.
TSI may also disclose such personal information if it constitutes a legal obligation or if it believes in good faith that such disclosure is necessary in the context of a legal action (warrant, subpoena or other order of a court, by example) or to protect the rights, property or personal safety of the Company, its customers or the public.
Such transfers may be made by any method that TSI deems appropriate and in accordance with applicable law.

1.10 Links to other websites and social networks

The Site may occasionally contain links to the websites of third parties. Since these websites have their own privacy policies, TSI declines all responsibility for the use made by these sites of the information collected when the user clicks on these links.

1. Special case of cookies

2.1 Presentation of a cookie

A Cookie is a text file useful for browsing websites, placed in a dedicated space on the hard drive of a User’s terminal (computer, tablet, mobile phone or any other device optimized for the Internet), during the consultation of an online content or advertisement. It is used to customize the pages by adapting them to the profile of the User and contains collected data such as, as the case may be, the name, the e-mail address, the time and the day of connection, the operating system of the user. computer, pages of frequented sites…

Cookies can be permanent (and stay after disconnecting sites for later visits to sites) or temporary (and disappear when disconnecting sites).

2.2 Function of cookies

TSI uses 2 families of cookies on the Platform:
• Session cookies that allow the User to stay connected to the Site without having to provide the same information several times (such as email address and password) to perform the same task.

• Statistical cookies that allow TSI to measure and analyze Site visits as closely as possible
  Regarding statistical cookies The Company may use the services of third-party providers (currently Google Analytics).

2.3 Google Analytics

Google Analytics is a web analytics service provided by Google Inc. (“Google”), which uses cookies to help TSI analyze the use of the Site by its Users.

The data generated by cookies (including IP addresses) are transmitted and stored by Google on servers located in the United States.
Google uses the information collected to evaluate the use of the site, to compile reports on the activity of the site to TSI and to provide other services related to the activity of the site and the use Internet.
If Google may disclose this information to third parties in the event of a legal obligation, or where such third parties process such data on Google’s behalf, Google will not associate the users’ IP address with any of its other data.

2.4 Choice and terms of acceptance or opposition of cookies

When a user browses the website, cookies are activated by default and the data can be read or stored locally on their equipment.

The User will be notified the first time that he will receive a cookie and may thus decide to accept or refuse it. By continuing to use the Site, the User expressly accepts the use by TSI of such cookies.

However, he may also configure his browser to systematically refuse cookies (including cookies used for audience measurement purposes). However, if this were the case, some functionalities and features of the Site may not work properly and the User may not be able to access certain parts or services of the Site.

Contact

For any question relating to this privacy policy or for any request relating to his personal data, the User may contact TSI by e-mail at: sales@trace-software.com

Date of last update: 01/2022