General Conditions of Use of the "The Partner Portal Cheminées Poujoulat
The purpose of the present document is to define the terms and conditions under which, on the one hand, POUJOULAT SA, hereinafter referred to as the publisher, makes the pro.poujoulat.com site available to its users,
and the services available on the site and, secondly, the way in which the user accesses the sites and uses its services.
All connections to the site are subject to compliance with these general conditions of use.
For the user, simple access to the publisher's sites at the following URL pro.poujoulat.com or by flash code implies acceptance of all the conditions described below.
1 - Legal information
The Partner Portal pro.poujoulat.com website is published by POUJOULAT SA - CS 50016 - 79270 Saint-Symphorien (France)
Share capital: 36 000 000€. Siret: 781 446 521 00028. Tel. +33(0)5 49 49 04 40 40 Fax. +33(0)05 49 04 40 00
Publication manager: POUJOULAT SA
Conception graphique : Bewizyu, 7 Quai de Versailles, 44100 Nantes
Site hosting: CleverCloud, 4 rue Voltaire, 44000 Nantes, France.
POUJOULAT opened this site to answer the needs for centralization of information of its users. No commercial exploitation even partial of the data which are presented there could be carried out by the users without the agreement prior and written of POUJOULAT. POUJOULAT warns the users of this site that the majority of the elements of this site is protected by the legislation on the royalty: it can be in particular photographs, articles, drawings, animated sequences...
2 - Site operation
2.1 - How the installation log works
This is a free service provided by POUJOULAT. It summarises all the information about a project and the people involved: presentation and characteristics of the heating system, contact details for the installer, the customer, etc.
It can also be used to store all the work carried out on the heating system (maintenance and servicing).
The heating system's online installation and maintenance log is the digital memory of the heating system.
2.2 - How the flue design application works
This is a free service provided by POUJOULAT. It enables us to design an assembly that meets the user's needs and complies with current standards.
It can also be used to store all the studies carried out.
Each user authorises other users to access and use the data in the flue design application and the installation logbook within the following limits: For a given installation or study,
the information available on the platform is accessible only to the users concerned or involved in this installation or study.
To use the site, you need broadband internet access and a recent operating system.
3 - For chimney professionals
By flashing the QR code on the nameplate (CAT-CHECK) or by accessing the website, you can log in with your usual username and password or create an account instantly using the online form:
- The possibility of putting all the data online (notice, certification, comments, photos, history: limited number and size limited to 2MB per document) or documents associated with the studies.
- A personalised space for managing all your projects and studies.
- The tool and the information are secured according to the profile of the operator (installer, maintenance company, etc.).
- A modern, attractive tool that demonstrates the professionalism and quality of our services.
4 - For other users
By flashing the QR code on the nameplate (CAT-CHECK), you can create an account instantly via the online form. By entering the reference number from the nameplate affixed to the appliance:
- Quick and easy access to maintenance logs and installation history.
- The possibility of consulting the appliance user guide, if the installer has downloaded it beforehand.
5 - Use of the Site
The company POUJOULAT SA authorizes you to consult and download information on the site for personal use, provided that you keep on the copies downloaded
or printed from the original documents on the site, all legal notices appearing on these originals.
Compliance with these general conditions of use implies the prohibition of using said documents on any other website other than Partner Portal, as well as in any networked computer environment.
In the event of non-compliance with any of these terms and conditions of use, your authorization to use the Partner Portal site will be automatically terminated, and you must immediately destroy all documents previously downloaded or printed.
You must not use the tool until you have read and accepted the terms and conditions of use.
6 - Intellectual property
The general structure of the site and the texts, graphics, images, sounds and videos that make it up are the property of the publisher. Any representation and/or reproduction and/or use, in whole or in part, of the content and services offered by the site is strictly prohibited.
by any process whatsoever without the prior written permission of POUJOULAT SA is strictly prohibited under penalty of constituting an infringement of copyright and / or designs and models.
and/or trademark within the meaning of Articles L 335-2 et seq. of the Intellectual Property Code, punishable by two years' imprisonment and €152,000 fine.
Any representation and/or reproduction and/or partial or total use of these trademarks, of any nature whatsoever, is totally prohibited.
Any request for authorisation to use the POUJOULAT logo or images should be sent to logo@poujoulat.fr.
7 - Protection of personal data
7.1 – Partner Portal
7.1.1 - Processing of website users' personal data
The Company POUJOULAT SA takes the suitable measures to ensure the protection and the confidentiality of the personal information of the user collected via the site in the respect for the provisions of the General Regulation of the European Union.
on Data Protection and law n°n°78-17 of january 6th 1978 relating to data processing, data files and individual liberties.
The personal data collected within the framework of the creation of your account of user are recorded in a file automated and administered by the Company POUJOULAT SA CS 50016 - 79270 Saint Symphorien.
In particular, it is used to connect to the site and to send out newsletters (by SMS-MMS, post or e-mail) and other information.
By creating your user account, you agree that the Company POUJOULAT SA collects and treats the name, first name, postal address and email, the telephone number, and the data of connection.
Personal data is kept for a period of 3 years from the last connection to the site.
In accordance with the General Data Protection Regulation and the French Data Protection Act, users of the software have the right to portability and access to their data,
deletion, rectification, limitation and opposition. You may also lodge a complaint with the CNIL.
To exercise your rights, please contact the Data Protection Officer at the following address: dpo@poujoulat.fr
7.1.2 - Security of personal data entered into the software by users
Within the framework of the provision of the installation log, the users deposit documents and data of a personal nature concerning which the Company POUJOULAT SA guarantees neither the exactitude nor the exhaustiveness.
As such, the Company POUJOULAT SA is subcontracting on behalf of the user of the software, person in charge for treatment.
The processor is authorised to process the personal data required to provide the software maintenance service on behalf of the data controller.
The personal data processed includes surname, first name, e-mail address, postal address, telephone number and any photographs of the installation.
The categories of people concerned by the personal data collected are private individuals or professionals who have used the services of the installer who uses the installation log.
POUJOULAT SA, a subcontractor, undertakes to :
- Process data solely for the purpose(s) for which it is subcontracted.
- To process the data in accordance with the documented instructions of the installer data controller. If the Company POUJOULAT SA considers that an instruction constitutes a violation of the European regulation on data protection
or any other provision of Union or Member State law relating to data protection, it shall immediately inform the controller.
In addition, if the Company POUJOULAT SA is required to transfer data to a third country or to an international organisation, by virtue of Union law or the law of the Member State to which it is subject, it must inform the installer responsible for processing,
of this legal obligation prior to processing, unless the law concerned prohibits such information on important grounds of public interest.
- Guarantee the confidentiality of personal data processed under this contract.
- Ensure that persons authorised to process personal data under this contract :
- Undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality.
- Receive the necessary training in the protection of personal data.
- ake into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default.
The obligation to inform data subjects of the personal data collected is the responsibility of the installer data controller.
It is up to the data controller to provide information to the data subjects at the time of collection.
the context of exercising the rights of data subjects, the POUJOULAT SA Company must, as far as possible, help the data controller to fulfil its obligation to respond to requests to exercise rights
of data subjects: right of access, rectification, erasure and blocking, right to restrict processing, right to data portability, right not to be subject to an automated individual decision (including profiling).
When the persons concerned make requests to the Company POUJOULAT SA to exercise their rights, it must send these requests as soon as they are received by electronic mail to the installer responsible for the processing concerned.
Requests for the deletion of personal data addressed to the data controller must be transmitted to the Company SA POUJOULAT so that the latter may proceed with the deletion.
In addition, the Company POUJOULAT SA notifies the data controller of any violation of personal data within a maximum period of 72 hours after becoming aware of it.
This notification shall be accompanied by all relevant documentation to enable the controller, if necessary, to notify the breach to the competent supervisory authority.
POUJOULAT SA assists the data controller in carrying out data protection impact analyses.
POUJOULAT SA assists the data controller in carrying out prior consultation with the supervisory authority.
POUJOULAT SA undertakes to implement the following security measures:
- Anonymisation: Users can delete their account. This has the effect of modifying their surname, first name and e-mail address so that it is no longer possible to associate these details with a physical person.
- Protection of confidentiality: Limitation of flows to the application, password policy, regular audit of privileged accounts, encryption of flows.
- Integrity protection: Adapted backups.
- Guaranteed availability and resilience: high availability solution, backup restoration test.
- Assessment of security measures: annual audit and penetration test.
At the end of the provision of services relating to the processing of this data, the Company POUJOULAT SA undertakes to destroy all personal data.l.
POUJOULAT SA informs the data controller of the name and contact details of its data protection officer: dpo@poujoulat.fr
The Company POUJOULAT SA declares that it keeps a written register of all categories of processing activities carried out on behalf of the data controller.
The installer data controller undertakes to :
- To provide the Company POUJOULAT SA with the data necessary to carry out its missions.
- To document in writing any instruction concerning the processing of data by the Company POUJOULAT SA.
- To ensure compliance with the obligations set out in the European Data Protection Regulation, both beforehand and throughout the processing period.
- Ensure that there is a legal basis for processing its own customers' personal data.
8 - Hypertext links
The Partner Portal site may contain hypertext links to other sites on the Internet.
Links to these other resources will cause you to leave the site. In any event, POUJOULAT is in no case held responsible for the contents as well as the products or services proposed on the sites to which it links.
the Partner Portal site may be linked by hypertext links or any other type of link.
9 - Password management
POUJOULAT places at your disposal on this Internet site various spaces allowing you to have access to services. You must inform info@poujoulat.fr of any fraudulent use of your password or space.
For more safety, POUJOULAT advises you to disconnect you after each consultation of the site.
10 - Liability of the publisher
The company POUJOULAT SA guarantees neither the exactitude nor the exhaustiveness of the documents accessible on these sites. These documents engage only their authors and/or the users who charged them on the sites.
In the case where POUJOULAT would see its responsibility sought with the title of these documents, their authors and/or the users who charged them on the sites will have to guarantee and raise indemned POUJOULAT.
Moreover, POUJOULAT SA rejects any obligation relating to the update of the documents appearing on this site which would be obsolete.
The information published on this site may sometimes refer to products, programmes or services that are not available in your country.
The information and/or documents available on this site may be modified at any time and may have been updated. In particular, they may have been updated between the time of publication and the date of publication.
of downloading and the date on which the user becomes aware of it. In any event, the information contained on this site is of a general nature and has no contractual value.
The use of the information and/or documents available on this site is the sole responsibility of the user, who assumes all consequences that may arise without the publisher being able to be sought in this respect and without recourse. contre ce dernier.
Under no circumstances may the publisher be held liable for any damage whatsoever resulting from the interpretation or use of the information and/or documents available on these sites.
In addition, the publisher reserves the right to definitively interrupt the sites or part of the services at any time without justification or compensation, subject to 1 month's notice.
In the event of force majeure or in the event of failure of the user to the present general conditions of use, POUJOULAT will be able to terminate a user account without allowance nor notice.
The user acknowledges and accepts that the publisher may not be held liable for any interruptions or cessation of services, or for any consequences thereof for the user or any third party.
11 - Limits of liability
In no event will POUJOULAT SA be liable for any damages whatsoever (including, without limitation, damages resulting from loss of profits, loss of data, indirect losses or business interruption).
attributable to the use, the impossibility of use or the results of the use of these sites, or attributable to documents or information contained in these sites.
If your use of the documents or information on this site results in the need for servicing, repair or correction of any of your equipment or data, you assume all costs thereof.
12 - Site access
The publisher endeavours to allow access to the site 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the publisher's control, and subject to possible breakdowns and interventions.
maintenance necessary for the proper operation of the sites and services.
Consequently, the publisher cannot guarantee the availability of the sites and/or services, the reliability of transmissions or performance in terms of response time or quality.
The publisher cannot be held liable if it is impossible to access this site and/or use the services.
13 - Modification of these Terms and Conditions of Use
The publisher reserves the right to modify these general conditions of use at any time and without prior notice, in order to adapt them to changes in the sites and/or their operation.
All of these changes are binding on Internet users, who must consult these General Terms and Conditions of Use each time they log on.
14 - Rules for using the Internet
he user declares that he/she accepts the characteristics and limits of the Internet, and in particular acknowledges that :
The publisher accepts no responsibility for the services accessible via the Internet and exercises no control whatsoever over the nature and characteristics of the data that may pass through its server centre.
The user acknowledges that data circulating on the Internet may be regulated in terms of use or protected by property rights.
Users are solely responsible for the use of the data they consult, query and transfer on the Internet.
is forbidden to upload to the site any documents that are illegal, contrary to French legislation, pornographic, paedophilic, xenophobic, racist or anti-Semitic in nature or deemed to have no place on the Partner Portal site.
The moderation team is the sole judge of the files accepted on the Pro Area. Its decision is final.
The user acknowledges that the publisher has no means of controlling the content of the services accessible on the Internet.
15 - Applicable law and jurisdiction
The catcheck.poujoulat.fr and catdraw.poujoulat.fr websites and these General Conditions of Use are governed by French law and are written in French.
The parties shall endeavour to settle any disputes that may arise amicably. Failing this, the Commercial Court of NIORT (France) shall have jurisdiction to settle the dispute, ruling in summary proceedings if necessary, to the exclusion of any other jurisdiction.