PRIVACY and TERMS

1.1.

By registering with PGT Group at www.pgtgroup.fr (the "Website") and logging into your User Account (as defined below), and the Services (as defined below), that these Terms and Conditions, including the policies and terms and conditions related to or referenced in the Terms and Conditions, all of which are hereby incorporated into the Terms and Conditions, apply (hereinafter, the "Terms and Conditions"). 

1.2.

If you do not agree to the terms of the Terms and Conditions, you must reject them. In this case, you are prohibited from registering with PGT Group and logging into the User Account (as defined below) or using the Services. Any conduct to the contrary will be construed as acceptance of the Terms and Conditions.

2.1.

PGT Group provides Users with access to a platform to apply for and receive information of a generic nature on professional consulting.

3. Registration

3.1.

Some services may require registration.

3.1.1.

User must register on the Website to access the interactive features and Services provided by PGT Group through a dedicated user account. The Owner must also create a dedicated account on the Website in order to access the features and Services provided in Section 2.1. There is no registration fee.

3.1.2.

To register, the User will provide accurate and truthful information, and will keep his/her account current.

3.1.3.

User will protect login credentials from unauthorized access and will be responsible for all activities that occur as a result of logging in with User's credentials. User shall immediately notify PGT Group of any unauthorized use of User's account.

3.1.4.

User acknowledges and agrees that PGT Group may need from time to time to verify the validity of the information provided in the user account, the storage of which is operated in compliance with applicable data protection regulations.

3.1.5.

The User may request the deletion of his user account at any time by submitting the appropriate form to PGT Group. The User will continue to be bound by the Terms and Conditions.

3.2. Content provided by the User

3.2.1.

User shall be solely responsible for all information, data, textual, audio and/or visual content, comments and remarks related to the Services, ratings, reviews and other content that User submits or uses in connection with the Services ("User Content"). User shall bear all risks associated with the use of its User Content, including any reliance on its accuracy, completeness or usefulness by third parties, or any disclosure of its User Content that makes User or any third party personally identifiable. User shall ensure that its User Content does not violate any provision of the Terms and Conditions or any applicable law.

3.2.2.

PGT Group is not required to exercise any control over the content, legality or truthfulness of content produced by a User.

3.2.3.

PGT Group may remove any User Content or conduct that PGT Group believes, in its sole discretion, violates the Terms and Conditions or may be offensive, illegal, or violate the rights of others, cause harm to others, or threaten the safety of others (the "Prohibited User Content"). PGT Group assumes no responsibility for monitoring the Website for Prohibited User Content. If at any time PGT Group chooses to monitor the Website, however, PGT Group has no responsibility or liability for the User Content and the conduct of the User submitting the Prohibited User Content, and has no obligation to edit or remove any Prohibited User Content.

3.2.4.

If any User Content constitutes, in PGT Group's opinion, Prohibited User Content, PGT Group may suspend the user account and the provision of the Services effective immediately and for an unlimited period of time.

4.1.

The User shall use and treat his user account and the website with due care.

5. Terms of payment

5.1.

The price charged by PGT Group for the Consulting Services among others is represented in the corresponding contract in force at the time. 

5.2.

Payment to PGT Group is due upon invoicing. Late payments will be subject to interest at the rate of 5% per annum.

6. Intellectual Property

6.1.

PGT Group owns and retains all intellectual property rights in the Website and Services and any modifications to the Website and Services, including, without limitation, all related software and servers, trademarks, service names, trade names, logos, domain names, designs and models.

7.1.

PGT Group's Privacy Policy is an integral part of the Terms and Conditions and governs all matters related to privacy, including how PGT Group collects, protects, uses and discloses information about User and third parties - see Privacy section at bottom of page.

8. Modification of the Services and termination of use

8.1.

PGT Group may discontinue, suspend or modify all or part of the Website and Services at any time without notice.

8.2.

PGT Group may block, terminate or suspend User's access to User's account, the Website, and use of the Services at any time, for any reason and in its sole discretion. In particular, PGT Group may, without limitation, block, terminate or suspend such access or use (i) in the event of User's violation of any provision of the Terms and Conditions, (ii) if PGT Group is required to do so by applicable law, or (iii) if PGT Group has decided to terminate the Services.

8.3.

Upon termination of access or use, the user account will be deleted without compensation. 

8.4.

Any outstanding amounts owed to PGT Group become due and payable immediately upon deletion of the User Account.

9.1.

PGT Group is responsible to User for the proper provision of the Services.

9.2.

PGT Group is not responsible for any loss or damage resulting from interruptions or disruptions in its Services due to events or circumstances beyond the sole control of PGT Group or its contractors. Such circumstances and events of force majeure include earthquake, cyclone, storm, flood, fog, war, air crash, embargo, riots, epidemics, pandemics, civil disturbances or strikes, hostilities and civil strife, actions of government or other authorities, labor disputes or labor obligations.

9.3.

PGT Group shall be responsible for its subcontractors only with respect to their careful selection and instruction. In the event of loss or damage for which a subcontractor of PGT Group is responsible and against which User has no direct recourse, PGT Group shall be free to decide whether to (i) assert User's rights against the responsible party, or (ii) assign its rights against the subcontractor to the injured User.

9.4.

In connection with the use of the Services, and to the extent permitted by applicable law, PGT Group shall not be liable to User or any third party for:

9.4.1.

indirect, incidental, unspecified or consequential loss or damage, exemplary or punitive damages, including loss of profit, loss of data, personal injury or property damage;

9.4.2.

loss or damage resulting from a cessation, modification or suspension of all or part of the Website, and the Services;

9.4.3.

loss or damage arising from the following:

• limitations, delays, malfunctions and other problems associated with the use of the Internet and electronic communications;

• temporary unavailability of the Services for maintenance or other reasons that may arise from time to time;

• acts or omissions of other users (including unauthorized users, such as hackers) of the User Account;

• User Content;

• non-compliance by the User with the clauses of the General Conditions;

• error, omission, discontinuance, deletion, deterioration, malfunction, alteration, delay in operation or transmission, communications network failure, theft or destruction of, or unauthorized access to, the Services, its contents or related data, or communications between Users; and

• any technical malfunction or other problems with any telephone network or service, computer systems, servers or providers, computer or mobile telephone equipment, software, any failure of email or other providers due to technical problems or traffic congestion on the Internet or on any website or any combination thereof, including damage to a User's or other person's computer, mobile telephone or other hardware or software related to or resulting from use of or downloading content in connection with the Website, and/or the Services

9.5.

Regardless of the legal basis and subject to applicable law, PGT Group's total cumulative liability to the User or any third party for damages and losses arising out of the use of the Services is limited to €500.

10.1.

PGT Group is not a fiduciary to any User of the Website. Therefore, any claim related to the use of the Services. All claims by the User against PGT Group will lapse.

10.2.

Subject to applicable law, all User's claims against PGT Group shall expire after one year.

11.1.

The user is responsible for its own errors and omissions and those of its subcontractors.

11.2.

User shall indemnify PGT Group for any loss or damage arising from, among other things, User's failure to comply with the following obligations:

11.2.1

all information provided by the User is complete and accurate;

11.2.2.

the shipment is acceptable for transportation purposes in accordance with the General Conditions;

11.2.3.

the shipment was prepared in secure premises by reliable persons and was protected from unauthorized interference during preparation;

11.2.5.

the User has complied with the obligations set forth in Article 7.

12. Applicable Law and Jurisdiction

12.1.

Any dispute arising out of or relating to the Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Paris, France.

12.2.

Any dispute arising out of or relating to the Terms and Conditions shall be governed by French law.

13.1.

If any provision of the General Terms and Conditions is declared invalid or unenforceable for any reason, the remaining provisions of the General Terms and Conditions shall not be affected, and the invalid or unenforceable provision shall be deemed to be modified so as to render it valid and enforceable to the extent permitted by applicable law.

13.2.

The Terms and Conditions may be revised from time to time by PGT Group. In the event of material changes to the Terms and Conditions, PGT Group will notify User by e-mail or other means of communication. Any changes to the Terms and Conditions will take effect no earlier than (i) the date User accepts the new terms, or (ii) 30 calendar days following User's receipt of notice of the changes. Such changes shall be effective immediately for new Users of the Services. By continuing to use the Services after notification of such changes, User acknowledges such changes and agrees to be bound by the modified Terms and Conditions.

13.3.

The rights and obligations conferred upon User by the Terms and Conditions may not be assigned, subcontracted, delegated or otherwise transferred by User without the prior written consent of PGT Group, and any attempted assignment, subcontracting, delegation or transfer in violation thereof shall be null and void.

We may collect personal data ("Data") that identifies you:

• directly, such as your last name, first name, e-mail address, mailing address or telephone number; or

• indirectly, such as an online identifier (for example, your account ID, IP address, cookie ID) or location data.

We may collect your Data and combine it with data provided by our partners when:

a) You use our Services

We may collect certain Data to provide you with our Services, enhance and personalize your online experience, analyze trends and demographics, prevent fraud and improve the security of our Services. We may collect the following types of information:

• Technical Information: This includes your browsing data etc. to access our Services and ensure the security of our Services, such as: pages viewed, your device identifier and connection (IP address, MAC address), dates and times of connection, information about the browser and operating system you use.

• Contact Information: This includes information such as your first name, last name, title, mailing address, user ID and password, e-mail address and telephone number (together, your "Contact Information").

We use various types of technologies such as cookies ("Cookies") to collect this Data when you use our Services or visit a third party site where we and our partners offer personalized content or analyze content usage.
‍
We allow some of our partners to place their Cookies on your device and access them. The use of Cookies by these partners is subject to their own privacy policies and not to this Privacy Policy. To opt-out of Cookies or request their deletion, as well as to view the list of partners who are permitted to place or access these Cookies, please see the Axeptio popup used for this purpose.

b) You subscribe to our newsletters or you ask to be contacted.

We collect your email address and other contact information when you subscribe to our newsletters or request to be contacted. You may unsubscribe at any time by clicking on the unsubscribe link available at the bottom of each newsletter managed by SendInBlue.

c) You are presented with personalized advertisements or content on our Services or those of our partners.

We collect Data such as the advertisement, the number of times it was viewed, its location and your device ID. We also collect information about your interactions with the advertisement, such as the sites visited, and the dates and times of the visits. We may also use your Collected Data to provide you with personalized advertisements, products, services or content through our Services or those of our partners.

If you wish to withdraw your consent or object to the delivery of personalized ads, please see the "What are your rights and how to exercise them?" section below.

d) You are participating in a survey organized by us.

We may collect Data such as your last name, first name, e-mail addresses and survey responses. We use this Data to administer the survey, to send you promotional offers or for internal statistical purposes.

e) You contact us via our customer service or social networks.

If you contact us through our customer service using Crisp, we collect Data such as your last name, first name, username, email address, date of birth, mailing address, based on your questions or requests. We will record the content of our exchange with you. This data may be used to monitor service quality and compliance, prevent fraud or train our staff and customer service teams.

If you contact us via social networks, we collect some of the Data in your profile.

Unless the law provides for a different retention period (e.g., to meet legal, accounting, or tax requirements and to administer your or our rights), we retain your Data only for as long as is strictly necessary to fulfill the purposes for which the Data was collected.

At the end of this data retention period, your personal data will be deleted or made anonymous.

We may share your Data with :

• Our technical service providers involved in the provision of the Services (such as infrastructure, network and technology services, and storage, data combining, promotion of the Services, payment services). These partners and our service providers are required to comply with applicable laws regarding the protection of personal data.

• The competent administrative or judicial authorities or any other authorized third party, in accordance with applicable laws. We always verify the legitimacy of the request.

• Our subsidiaries involved in the management of Services.

• Other companies to whom we sell or assign (or with whom we are in negotiations to sell or assign) any of our business or any of our rights or obligations under any agreement we may have with you. If the assignment or sale is completed, the companies that receive your personal data may use your personal data in the same manner as we do.

• Partners who use your Data to serve you personalized ads or content via Cookies: for a list of these partners, see the Cookies section.

These third party companies (except for our subsidiaries) have their own privacy policies which you can review to learn how they handle your information and how to exercise your data subject rights in accordance with applicable laws. We are not responsible for the policies of other companies.

We may share Data to enforce, exercise or defend our or your legal rights (this includes providing Data to our legal counsel).

We may process or transfer some of your Data with partners who have servers or are based outside the EEA. In this case, your Data may be transferred to countries outside the European Union that provide an equivalent level of protection for the Data. In case of transfer to other countries, the protection of your Data is ensured by signing standard contractual clauses approved by the European Commission or by equivalent legal mechanisms (such as those defined in Chapter V of Regulation [EU] 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [hereinafter, "GDPR"]).

Below we outline the rights you have with respect to your personal data under the GDPR.

• Obtain a copy of your Data (Right of Access and Data Portability): You have the right to see the Personal Data we hold about you and you may request a copy of that data. You also have the right to request a copy, in an interoperable format (the right to "data portability"), of Personal Data that you have provided to us for the performance of a contract with us or with your consent. You may use it yourself or transfer it to another service provider. If you have been banned from our Services, we will not be able to provide you with access to your Sanctioned Data because we need to preserve our ability to detect or prevent such behavior.

• Correcting your Data (Right of Correction): If you believe that any information we hold about you is inaccurate or incomplete, please inform us and we will correct it.

• Object to our use of your Personal Information (Right to object): We will consider your objection to our use of your Personal Data. If your rights outweigh our interest in using your Personal Data, we will limit our use of your Personal Data or, at your request, delete it.

• Giving and withdrawing your consent (Right to withdraw consent): You may at any time withdraw your consent or object to:

  • Receiving newsletters or e-mails containing news and information about our company (please use the unsubscribe link available in our newsletters and commercial e-mails).

  • Personalization of ads, sharing of your Data with certain partners and the use of certain categories of Cookies (please see our Cookies section).

• Right to erasure (Right to be forgotten): you may request the deletion of your Data when: 

  • We no longer need to retain your Personal Information.

  • You have objected to the processing of your Data in general and this request has been granted.

  • You have withdrawn your consent to our use of your Personal Data (where we have relied on consent as the legal basis for doing so).

  • We have processed your Personal Data in an unlawful manner.

• Limiting the use of your Data (right to restrict processing): You may limit our use of your Personal Data (if you do not want us to delete it), if you have objected to the processing of your Data in general and that request has been granted, if you dispute the accuracy of the Personal Data we hold or if we have used your Personal Data unlawfully.

If you object to the processing or withdraw your consent or request the deletion of your Personal Data by us, we will cease processing your Personal Data or delete it from our computer systems, unless we have compelling legitimate grounds to process it, or for the purpose of establishing, exercising or defending legal claims in accordance with applicable laws and regulations. 

To exercise your rights, you may also contact us, but before we can act on your request, we will first need to be able to identify you from the information we hold about you.

We hope to resolve your complaints. However, if you feel that your rights have not been respected after contacting us, you have the right to lodge a complaint with the relevant regulatory authority in your country. 

What is a "cookie"?

We may store certain information on your device when you access our Website. This information is commonly referred to as "cookies". A cookie is generally used to make websites work, or work more efficiently, and to provide information to the site owners. We may use cookies or other similar technologies, or small electronic files called Web beacons, clear GIFs, web beacons and single-pixel GIFs ("Cookies").

Why do we use "Cookies"?

The use of cookies is common in the industry. Most popular websites use them to present personalized information to their visitors.

We may use cookies to:

• better understand how users access and use our Services;

• determine whether the Website and applications are operating effectively;

• improve your navigation by personalizing your use of the Website and eliminating the need for you to re-enter your data each time you visit the Website;

• to count users who have viewed pages or opened e-mail, and for other related Web Site statistics;

• present you with personalized ads and content.

We allow some of our partners to place their Cookies on your device and access them. The use of Cookies by these partners is subject to their own privacy policies and not to our privacy policy.

How do I accept or decline the use of cookies?

Website: 

Before Cookies are placed on your device, an Axeptio banner will appear on your first visit, containing a message asking for your consent to the placement of certain Cookies. You can also control these cookies at any time by configuring your browser, using an ad blocker, or by recalling the banner.

You can also change your browser settings to understand when these Cookies are stored on your device or to disable Cookies by visiting the Help menu of your browser. Note, however, that this setting may prevent you from accessing certain features of our Services when these Cookies are necessary for the operation of our Services. To learn more about cookies, including which cookies have been set, visit www.allaboutcookies.org.

E-mails:

We tailor the content of our newsletter to your needs and interests based on data received from and stored about you, such as your account information, order history, or other information you have provided (including, for example, your participation in surveys or other similar information). If you have also consented to the placement of Cookies and to the tracking of your browsing on our Website, we will also use data about your use of our Website to send you personalized messages that match your interests and preferences. 

Our newsletter contains web beacons. A web beacon is a thumbnail image embedded in emails sent in HTML format to allow for log file recording and analysis. The web beacon enables statistical analysis of the effectiveness of our online marketing campaigns. With the embedded web beacon, we can see if and when an email was opened, and which links in the email were clicked on by the recipient. You can unsubscribe from the newsletter at any time by clicking on the corresponding link at the end of the newsletter. If you reject our newsletter or unsubscribe, the relevant data will be blocked and no longer processed for these purposes.

Who are our partners who use cookies on our Services?

Website

The third party services we use for our websites are the following:

• User Experience - We use this Cookie for debugging and improving the visitor experience (e.g., storing product ID, cache content, selected language).

• Analytics - We use this Cookie to collect information about visitors' use of our Services to compile reports and help us improve our Services. 

  • Google - Google Analytics - https://tools.google.com/dlpage/gaoptout 

• Advertisements - We use this Cookie to make advertising more effective and relevant.

  • Google Remarketing and Google Ads https://policies.google.com/privacy 

  • Facebook connect - https://www.facebook.com/policy.php

• Chat – We use these cookies to chat with you.

  • Crisp - https://crisp.chat/fr/privacy/ 

• Fonts - We use this cookie for the presentation of the pages 

  • Google Web Fonts - https://www.google.com/policies/privacy/ 

• Video – We use a Cookie to integrate a video player with our Services.

  • YouTube Videos - https://policies.google.com/privacy 

• Tag management – We use Cookies to manage the various tags we use on our Services.

  • Google Tag Manager - https://policies.google.com/privacy

• Social media provider – We use Cookies for social media purposes.

  • Facebook connect - https://www.facebook.com/policy.php

• Cookie Preference – We use this Cookie to remember a user's choice regarding cookies on our Services. When users have previously indicated a preference, that preference will be stored in this cookie.

• Security – We use this cookie to ensure the security and performance of our website. If the user is subject to authentication, and is authenticated, a cookie is set so that the user does not have to re-authenticate.

E-mails

The third party services we use for our newsletters and commercial emails are the following:

• SendInBlue - https://fr.sendinblue.com/legal/privacypolicy 

Our website, products, applications and services may contain links to third-party websites, products and services. Our products and services may also use or offer third party products or services. Information collected by third parties, which may include location or contact information, is subject to the privacy policies of those third parties and not this Privacy Policy.

In order to ensure the security and confidentiality of your Data, we implement appropriate physical, electronic and organizational procedures to protect and secure the Data throughout our Services, in particular to prevent your Data from being distorted, damaged or communicated to unauthorized third parties, ensuring a level of security appropriate to the risks associated with the processing and the nature of the Data to be protected

It is your responsibility to keep your password confidential. We ask that you do not share your username or password with anyone.

We cannot guarantee the security of the Data you send us via the Internet or a telecommunications network; however, we take appropriate technical and organizational measures to protect your Personal Data. In particular, your Personal Data is protected against unauthorized access, the confidentiality of your Personal Data is guaranteed, the integrity and availability of your Personal Data is ensured, our staff is trained in information security requirements and actual or suspected data breaches are reported in accordance with applicable law. To ensure the security of your Data during transfer, we use state-of-the-art encryption procedures (e.g., SSL) via HTTPS.

The processing of the Data is based on the following legal grounds: 

• A contract between you and us for the provision of the Services (including making a purchase, accessing a user's purchase reviews, managing payments, inviting to leave a review or take a survey).

• Legitimate interest: To provide you with the best possible user experience (including enabling you to understand our product - strengths, weaknesses, opportunities and risks, to test and develop new products and services, as well as improve existing products and services, to understand and keep abreast of current, new and emerging trends in our industry), administering and protecting our Services (ensuring the integrity of our IT services and network security, troubleshooting, maintaining our system, providing support, reporting and hosting data), managing payments, responding to your requests and questions or sending you our newsletters, and maintaining our records.

• Your consent: to show you personalized ads based on your data via Cookies. You may withdraw your consent to our processing of your Data.

• To comply with a legal obligation: to respond to claims and requests from competent administrative or judicial authorities or any other authorized third party, in accordance with applicable laws.

This California Resident Privacy Statement supplements the information contained in this Privacy Policy and applies to visitors, users, and other persons residing in the State of California. Consumers residing in California have certain rights regarding their personal information under the California Consumer Privacy Act (CCPA).

Collection and Use of Personal Data: During the past 12 months, we may have collected the following categories of Data: identifiers, categories of personal information listed in the California Customer Records Act, business information, activity on the Internet or other similar network, and geolocation data. For more specific examples of the information we collect, and the sources of that collection, please see the "What Information We Collect" section.

Disclosure of Personal Data: We may share your Data with third parties as described in the section "With whom we share your personal data" above. During the past 12 months, we may have disclosed the following categories of Data for business purposes: identifiers, categories of personal information listed in the California Customer Records Act, business information, activity on the Internet or other similar network, and geolocation data.

Sale of Data: California law requires us to be transparent about your Data that we "sell," which under the CCPA includes instances in which personal information is provided to third parties or partners for a fee. In the past 12 months, we have "sold" the following categories of Data as defined by the CCPA: identifiers, categories of personal information listed in the California Customer Records Act, business information, activity on the Internet or other similar network, and geolocation data.

‍Your Rights and Choices: Some U.S. states have enacted laws (including the CCPA) that give you the ability to opt-out of the sale of your Data to third parties. If you do so, targeted advertising from our third-party partners will be disabled, which means that we will no longer share your Data with third-party partners for the purpose of personalizing ads to you.

We allow you to do this by using the following privacy controls.

• On our website: Please see our Cookies section above for a list of third parties that may place or access cookies on your computer or mobile device. You can disable these cookies by using the cookie management tools of these third parties.

You may also object to the sale of your Data by contacting our customer service team.

You also have the right to (1) request more information about the specific categories of Data and Data that we have collected, sold and disclosed for commercial purposes during the past 12 months, (2) delete your Data, and (3) not be discriminated against in any way for exercising your rights under the CCPA. To exercise your rights above, please submit a verifiable consumer request to us as specified in this Privacy Policy.

If we need additional information to verify your identity, we will contact you. If we are unable to verify your identity, we will deny your request. If you wish to designate an agent to make a request on your behalf, you must (i) provide the agent with a signed authorization to do so, (ii) provide identification, and (iii) directly confirm that you have authorized the agent to submit the request. If we do not receive these items, we will deny the request.

California Shine the Light Act: California Civil Code Section 1798.83 permits Service Users who reside in California to request certain information regarding our disclosure of personal information to third parties for marketing purposes. To make this request, please email our customer service team.

However, we may retain your information to resolve disputes, enforce our user agreement or comply with legal obligations.

Do Not Track information required by California law: "Do Not Track" (DNT) is a web browser setting that you can enable if you do not want your online activity tracked. Because there is currently no recognized standard for DNT signals or how to respond to them, our system does not support DNT signals and cannot respond to DNT signals we may receive. However, the choices we offer you regarding the collection and use of your personal information will remain applicable as described in this Privacy Policy.

Please note that we may update or modify this Privacy Policy. If we update our privacy policy, we will post those changes in the locations we deem appropriate. You are deemed to have accepted the new terms of the Privacy Policy when you first use the Services.