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Policy

Introduction

CLEMESSY SWITZERLAND protects the privacy of all users of its Website in its capacity as a data controller within the meaning of French Act No. 78-17 of 6 January 1978 as amended (hereinafter the “French Data Protection Act”).

The main aim of this Confidentiality Policy is to inform You about the following aspects of any Personal Data processing carried out by CLEMESSY SWITZERLAND as the data controller in connection with the Website:

  • the procedures used to collect and process Your Personal Data;
  • the manner in which CLEMESSY SWITZERLAND uses Your Personal Data;
  • the steps it takes to protect Your Personal Data collected when You use the Website; and
  • the obligations imposed on You and CLEMESSY SWITZERLAND under the French Data Protection Act.

You agree to read the Website’s Terms of Use and any other contract documents agreed with CLEMESSY SWITZERLAND for the use of the Website forming, with this Confidentiality Policy, a contractual whole that is binding and enforceable against You.

Definitions

The terms defined below will have the following meaning, in both the singular and the plural:

  • “Personal Data” means, under Article 2 of the French Data Protection Act: “any information relating to an individual who is or can be identified, directly or indirectly, by reference to an identification number or one or more factors specific to the individual”. In particular, Personal Data includes data that can be used to identify Users. Generally, electronic identification data identifying the Terminal used by You to connect to the Website or the pages You visited on the Website is not sufficient alone to identify You by name.
  • “Applicable Regulations” means all regulations and rules, now or hereafter in force, applicable to Users and the Website, mainly the legislation and regulations protecting Personal Data (including the French Data Protection Act).
  • “Terminal” means the various devices that may be used to access the Website. In particular, the following are treated as Terminals: smartphones, tablets and individual computers using the Internet (PC or Apple) and any device that is connected or can be connected to another device and the Internet.
  • “You”, “Your”, “User(s)” means any person accessing the Website (for example, guests) whose Personal Data may be collected when visiting the Website.

Procedures used to collect Personal Data

1. Cookies

1.1 General

When You consult the Website, information relating to Your browsing experience may be recorded in cookie files installed on Your Terminal.

A cookie is a file installed on Your Terminal, recording information relating to your browsing experience on a website. The data obtained from those cookies is used to enhance Your next visit to the website and also to generate various traffic measurements.

Cookies are stored when You browse our Website, either directly by us or by some of our partners (see the section on cookie settings - Section 3.5 Your cookie preferences).

1.2 Cookie installed via the Website

We use the cookies we install on Your Terminal to recognise Your browser when You connect to the Website.

We use them to:

  • generate traffic statistics (number of visits, pages consulted and Your route, etc.), in order to help us to continually improve our services;
  • store the information entered in various forms.

1.3 Third-party cookies installed via the Website

We sometimes include third-party computer applications on the Website, to allow You to share the content of our Website with other persons, inform them that You have visited content on our Website or share Your opinion with them. For example, we often include “Share” and “Like” buttons for social media such as Facebook, Twitter, LinkedIn and Viadeo, etc.

The social media providing the button may identify You using that button, even if You do not click on the button when browsing our Website. Social media can use that type of button to monitor Your activity on our Website if Your account with them was activated on Your Terminal (open session) when You browsed our Website.

We have no control over the processes used by social media to collect information relating to Your activity on our Website, associated with the Personal Data they hold. Please consult the privacy policies of the relevant social media for information on their use (including, for advertising purposes) of the browsing information they may collect through those buttons. In particular, those privacy policies are required to give You an opportunity to choose how they can use Your data, by allowing You to change the settings for Your user accounts with them.

1.4 Third-party cookies installed via the Website

You may decide which cookies You wish to enable and may therefore change the settings of Your browser to disable all cookies or some cookies only (for example, those installed by a certain website). You may also select a prompt option, allowing You to enable or disable specific cookies before they are stored on Your Terminal.

However, given the purposes for which cookies are used as explained above, if You decide to block cookies, this could affect Your browsing experience and/or the functions and services and conditions of access to certain services requiring the use of cookies, such as, for example, a user-friendly layout of the Website adapted to Your Terminal.

You may select and change Your cookie settings at any time, by following the relevant instructions:

  • For Chrome: click on Settings in the menu and then on Advanced. Under Privacy and Security click Content Settings and then select the required option for handling cookies under Cookies.
  • For Mozilla Firefox: click on the Tools menu and choose Preferences, select the Privacy & Security panel and go to the History section and then choose Use custom settings for history. Select the required option for handling cookies.
  • For Microsoft Internet Explorer 11.0 and later: in the Tools menu select Internet Options and then click on the Privacy tab. Select the required option for handling cookies using the cursor.
  • For Opera 6.0 and later: from the main menu, select Settings, click on Privacy & Security in the sidebar and select the required options for handling cookies under Cookies.
  • For Safari: in the Safari menu choose Preferences and then click on Security or Privacy and select the required options for handling cookies.

1.5 Your cookie preferences

You may decide which cookies You wish to enable and may therefore change the settings of Your browser to disable all cookies or some cookies only (for example, those installed by a certain website). You may also select a prompt option, allowing You to enable or disable specific cookies before they are stored on Your Terminal.

However, given the purposes for which cookies are used as explained above, if You decide to block cookies, this could affect Your browsing experience and/or the functions and services and conditions of access to certain services requiring the use of cookies, such as, for example, a user-friendly layout of the Website adapted to Your Terminal.

You may select and change Your cookie settings at any time, by following the relevant instructions:

  • For Chrome: click on Settings in the menu and then on Advanced. Under Privacy and Security click Content Settings and then select the required option for handling cookies under Cookies.
  • For Mozilla Firefox: click on the Tools menu and choose Preferences, select the Privacy & Security panel and go to the History section and then choose Use custom settings for history. Select the required option for handling cookies.
  • For Microsoft Internet Explorer 11.0 and later: in the Tools menu select Internet Options and then click on the Privacy tab. Select the required option for handling cookies using the cursor.
  • For Opera 6.0 and later: from the main menu, select Settings, click on Privacy & Security in the sidebar and select the required options for handling cookies under Cookies.
  • For Safari: in the Safari menu choose Preferences and then click on Security or Privacy and select the required options for handling cookies.

2. Purposes of Personal Data processing

CLEMESSY SWITZERLAND processes Personal Data via the Website for the following purposes (hereinafter the “Purposes”):

  • to answer Your questions or requests for information and process any other requests or applications (for example, recruitment, quotes, student projects and complaints);
  • to allow You to monitor the Website and changes to its content (RSS feed).
     

The information required by CLEMESSY SWITZERLAND for the above purposes is marked with an asterisk (*) on the relevant pages of the Website. If You fail to complete the required fields marked with an asterisk(*), Your access to all or part of the services and functions of the Website could be blocked and Your requests may not be processed. The other fields are optional and are designed to improve the quality of the service proposed on the Website.

The other information is optional but will allow us to get to know You better and to improve the information and services proposed to You. CLEMESSY SWITZERLAND collects the following main pieces of information: Your full name, postal address, email address and telephone number.

3. Retention periods for Personal Data

The collected Personal Data is retained for the time required to fulfil the various Purposes described above.

Accordingly, Your Personal Data:

  • concerning Your electronic identification is retained for thirteen (13) months after collection;
  • concerning cookies is retained for thirteen (13) months after collection.

The collected Personal Data is erased whenever one of the following events occurs:

  • expiry of the retention period;
  • exercise of Your right to request the erasure of Your data in accordance with the French Data Protection Act and the procedures set out in the “Access rights to Your Personal Data” section of this Confidentiality Policy;
  • discontinuance of the Website by CLEMESSY SWITZERLAND, for any reason whatsoever.

4. Recipients of Personal Data

For some of the purposes described above, the Personal Data collected by CLEMESSY SWITZERLAND may be transferred to the following recipients to ensure the operation of the Website and the fulfilment of the Purposes : commercial partners, CLEMESSY SWITZERLAND’s relevant departments and/or services, the departments and/or services of any company belonging to the same group as Eiffage, the departments and/or services of any place of business or branch of Eiffage or one of the companies belonging to the same group as Eiffage.

5. Sharing and disclosure of Personal Data

Eiffage is the sole recipient of the collected data. Eiffage will only transfer Your Personal Data to a third party in the following cases:

  • if You have expressly consented in advance to the sharing of that information (for example, for a special promotional event);
  • if Eiffage receives an order from a court of law or any other legally competent administrative authority requesting the provision of that information in accordance with the legislation in force.

6. Personal Data spontaneously transferred by Users

You should not transfer any content that has not been requested in a questionnaire or in any other data collection form, such as commercial information, advertisements, Your own personal creations, ideas and concepts etc.

Whenever You voluntarily provide Your Personal Data, in particular in the form of multimedia content (photographs and videos, etc.), You agree to provide accurate information that does not harm the interests or infringe the rights of third parties.

7. Security measures

Eiffage makes every effort to protect Your Personal Data from any damage, loss, corruption, penetration, disclosure, distortion or destruction.

Physical and electronic backup procedures are implemented for the Personal Data collected on the Website, in accordance with the French Personal Data protection legislation in force.

Any Eiffage employees with access to Your Personal Data for the performance of their duties are bound by absolute confidentiality obligations in this respect.

However, Eiffage cannot manage all of the inherent risks of the Internet and wishes to draw Your attention to the potential risk of one-off losses of data or breaches of the confidentiality of data transferred online. The information proposed on the Website may be suspended if a force majeure event or any event beyond Eiffage’s control occurs or in circumstances that are not attributable to Eiffage.

8. Accuracy of Personal Data

You represent that You are fully aware of the importance of providing accurate Personal Data on the Website.

Accordingly, You agree not to provide inaccurate Personal Data at any time during the period of Your use of the Website and to immediately update your Personal Data if any changes occur during that period.

To that end, You may submit a subject access request or a request for the rectification or erasure of all or part of your Personal Data, as provided for in the “Access rights to Your Personal Data” section of this Confidentiality Policy.

9. Access rights to Your Personal Data

Pursuant to the provisions of Articles 38 to 40 of the French Data Protection Act, You have a general right to access and rectify Your Personal Data processed by Eiffage.

You may exercise that right by emailing or posting your request to the address set out below, explaining Your request and enclosing proof of Your identity:

CLEMESSY SWITZERLAND AG
86 B GUTERSTRASSE
99140 BASEL, Suisse

E-mail : admin.web@eiffage.com


You also have the right to object to the processing of Your Personal Data on legitimate grounds (and to object to direct marketing without any need to prove legitimate grounds).

10. Use of data in the event of a change in control

The Personal Data collected by Eiffage may be transferred to third parties as part of a change in the control of the company, an acquisition, collective insolvency proceedings or a sale of the company’s assets.

11. Personal Data policy for children

Children are not the target audience of the Website. However, access to the Website is not restricted to adults, as the content posted is not unsuitable for under 18s.

The forms and questionnaires on the Website are not designed to collect information about children. If information is collected via the Website about a child, the child’s legal representative may contact Eiffage’s communications department to rectify, modify or erase that information (see the “Right to access, modify, rectify and erase data” section).

12.  Liability

By using the Website, You agree to comply with the terms of this Confidentiality Policy.

In this respect, You are and will remain liable for any breach of this Confidentiality Policy and, in particular, for the confidentiality of Your login details for the Website and any unauthorised use of the Website.

To this end, You shall bear any financial penalty that may be awarded against Eiffage, in particular by a French court (administrative or ordinary court) or any independent administrative authority, such as the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés - CNIL), based on any failure by You to fulfil Your obligations under this Confidentiality Policy. 

Likewise, Eiffage disclaims all liability in the following cases:

  • (i) intentional or unintentional use of all or part of Your Personal Data by a third party;
  • (ii) any provision of incorrect Personal Data or failure to update that data;
  • (iii) any failure to fulfil Your obligations under the Data Protection Regulations, this Confidentiality Policy or other contract documents enforceable against You.

13. New versions of the Confidentiality Policy

Eiffage may amend the Confidentiality Policy and any updates may be implemented without prior notice by being posted online.

In such a case, the previous version of the Confidentiality Policy will be automatically terminated and superseded by the new version, which will be binding on and enforceable against all Users with immediate effect. Any use of the Website will be governed by the Confidentiality Policy in force at the time of that use.

Given the changes that may be made to the Confidentiality Policy, please consult the “Personal Data” section of the Website regularly.

14. Questions / Contact

Any questions or comments relating to this Confidentiality Policy or the manner in which Eiffage collects and uses Your Personal Data should be emailed to admin.web@eiffage.com or posted to CLEMESSY SWITZERLAND.

15. Entire agreement

If any clause of this Confidentiality Policy is invalid, in particular as a result of changes in applicable legislation or a decision issued by a court of law, this will not affect the validity of or the need to comply with the other clauses of this Confidentiality Policy, in any circumstances whatsoever.

16. Governing law and jurisdiction 

This Confidentiality Policy is governed by French law.