GTCUs

Last updated March 2023

GENERAL TERMS AND CONDITIONS OF USE OF THE CETIE DATABASE AND ITS DATA (GTCUs)

The purpose of these General Terms and Conditions of Use (GTCU) is to define the conditions under which the Centre Technique International de l’Embouteillage et du Conditionnement (CETIE), a non-profit association governed by the French 1901 Associations Law, registered under Siret No. 784 844 664 00036 and listed under number W751017077 in the French associations directory (hereinafter referred to as "the Association"), provides access to its documentary database in digital format (hereinafter referred to as "the Documentary Database") to anyone who requests it and is interested in matters related to packing, bottling, and packaging (hereinafter referred to as "the User(s)").

In accordance with applicable regulations, these GTCUs are systematically provided to all Users as a prerequisite for accessing the Documentary Database.

By requesting access to the Documentary Database, Users are deemed to have accepted these GTCUs.

1. DEFINITIONS

In these GTCU, the following terms shall have the meanings ascribed to them below:

Database: A collection of data arranged in a systematic or methodical way, which is individually accessible by electronic or other means, as published on the Association's website, including any Updates.

Data: The works, data, metadata, files, information, or other independent elements contained in the Database, such as, but not limited to, technical data sheets and recommendations published on the Association's website.

User Account: Refers to (i) the access rights granted to the User with respect to the Documentary Database, (ii) the User's personal and administrative information entered during the account creation process, typically via the Association's website, and (iii) the User’s browsing data and time spent on the Documentary Database.

Personal Data: As defined by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data, and the French Data Protection Act no. 78-17 of 6 January 1978, as amended (together referred to as "the Regulations").

Confidential Information: Information, communications, and data of any kind (including technical, scientific, economic, financial, business, and accounting data), in any form and on any medium (including, but not limited to, verbal, written, or electronic communication), belonging to the Association and to which the User may have access in connection with their access to the Documentary Database. The Data is inherently considered Confidential Information belonging to the Association.

Updates: Modifications or updates to the Database; Users are informed of Updates through any written means, including email.

User(s): (i) The natural person requesting the opening of a User account with the Association, and (ii) if the natural person is legally linked to a member of the Association, the term also refers to that member.

2. ACCESS TO THE DOCUMENTARY DATABASE

Access to the Documentary Database is granted upon request to open a User account, typically via the contact form on the Association's website.

User accounts are generally activated within an estimated, non-binding timeframe of 72 working hours, based on the contact information provided by the User.

Once the User account is activated, the User can access the Documentary Database in digital format by logging in with the credentials (username and password) provided by the Association. The User is initially provided with a temporary password, which they are required to change to a personal password known only to them.

3. INTELLECTUAL PROPERTY

It is expressly agreed that the Documentary Database is and shall remain the property of the Association, which holds both the copyright and sui generis rights of a database producer, globally and for the entire duration of the applicable legal protections.

In addition to the sui generis database rights, the Data also constitutes protected information under Articles L 151-1 et seq. of the French Commercial Code, for which the Association is the legitimate owner.

As such, Users are prohibited from:

• Using any reverse-engineering methods such as observation, study, disassembly, or testing of the Documentary Database or its Data.
• Extracting substantial portions of the Database or using the Database or its Data to create or facilitate the creation of another database or a service with a similar purpose.

Any reproduction of the Database, even for private use, is strictly prohibited due to its electronic nature.

Users are not entitled to claim any assignment of rights or prior ownership over the Database or its Data simply because they have been granted access.

Users are also prohibited from making any commercial use of the Database or its Data or from sharing them, in whole or in part, with any third party, whether for a fee or free of charge.

However, Users are authorized to:

• Extract Data solely for their personal use, for the purposes of study and analysis.
• Reuse references identifying the Data contained in technical data sheets for their product offerings to which the Data applies, in accordance with the Liability/Guarantee rules defined below.

These are collectively referred to hereinafter as the “purposes of use” or “purposes.”

4. LIABILITY/GUARANTEES

Users are solely responsible for selecting the Data they consult within the Documentary Database and ensuring its suitability for their purposes of use. Users are informed that the Documentary Database is intended for professional use in the fields of packing, bottling, and packaging, and is not intended to be a decision-making tool, nor does it replace the User’s judgment or decisions.

As such, Users are solely responsible for the use they make of the Database, including any results or deductions derived from it. Users shall indemnify the Association against all consequences, including financial ones, arising from third-party claims against the User due to their use of the Database.

The Association’s liability is limited to cases of proven misconduct or negligence and is restricted to direct damages. THE ASSOCIATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE DOCUMENTARY DATABASE, INCLUDING BUT NOT LIMITED TO LOSS OF OPPORTUNITIES, PROFITS, OR BUSINESS AND THIRD-PARTY CLAIMS.

ACCORDINGLY, USERS WAIVE ANY RIGHT TO CLAIM AGAINST THE ASSOCIATION AND ITS INSURERS AND UNDERTAKE TO ENSURE THAT THEIR INSURERS WAIVE SUCH CLAIMS AS WELL.

The Association reserves the right to update its Documentary Database, with Users being notified by email to the address provided during account registration. The Association also reserves the right to remove Data it deems obsolete or to cease updates that no longer align with the Association's objectives.

Users are informed that the Documentary Database is compiled with the utmost care and based on the expert knowledge of working groups in the packing and bottling fields. However, the Documentary Database references standards as they exist at the time of publication. Users are advised to verify the currently applicable versions of these standards by consulting the ISO and/or CEN websites.

Some Data may be labeled “Experimental,” indicating that while the technical approach has been assessed and recognized by an expert group, it has not yet been tested in industrial practice. Therefore, technical modifications may be made based on appropriate feedback.

5. FINANCIAL CONDITIONS

The Documentary Database is accessible free of charge upon request to open a User account, as described above.

However, the Association reserves the right to charge for access to the Documentary Database if necessary for budgetary reasons. Users will be notified of any such changes, and if they do not accept the new financial conditions, their User account will be closed without any compensation being due by the Association.

6. CONFIDENTIALITY

Users agree to maintain strict confidentiality during the entire period their User account is active and indefinitely after its expiration. This confidentiality obligation includes refraining from disclosing, directly or indirectly, any Confidential Information accessed through the Documentary Database.

7. PERSONAL DATA

Personal data collected from Users is processed by the Association.

This data is recorded in the Association's User file and is necessary for managing access to the Documentary Database and complying with all relevant legal and regulatory obligations.

The data will be retained for the duration of the access rights and the applicable legal liability period following the closure of those rights.

The Association is the data controller. Access to personal data is strictly limited to:

• The Association’s employees who are authorized to process the data as part of their duties.
• The service provider responsible for maintaining the Association’s information system.

Users are informed that their personal data is stored on a private server located within the European Union.

The personal data collected includes the information provided via the contact form on the Association’s website, as well as login credentials, IP addresses, browsing data, number of connections to the Documentary Database, and automated informational messages such as password activation notifications. This data is required, for example, to send Users notifications of any Updates to the Data they have consulted.

Personal data is not transferred outside the EU.

The Association undertakes to implement appropriate technical and organizational measures to protect the integrity and confidentiality of Users’ personal data.

In accordance with applicable regulations, Users have the right to access, rectify, erase, and port their personal data, as well as the right to object to its processing for legitimate reasons. These rights can be exercised by contacting the data controller at contact@cetie.org, with proof of identity.

Users are also informed of their right to lodge a complaint with the French Data Protection Authority (CNIL).

8. COOKIES AND TRACKERS

Users are informed that each login to the Documentary Database is tracked by the Association for the sole purpose of managing access rights and any Updates.

In accordance with CNIL guidelines, Users are informed that these trackers are exclusively for ensuring the continuity of access rights and any associated Updates.

9. TERMINATION OF DOCUMENTARY DATABASE ACCESS RIGHTS

The Association reserves the right to unilaterally and automatically terminate the User account and any associated commitments without prejudice to any damages in the following cases:

• Breach of confidentiality concerning the Documentary Database and/or its Data, infringement of the Association’s intellectual property rights, and/or acts of unfair competition by or resulting from the User.
• Harm to the Association’s image or reputation caused by or resulting from the User.
• Compromise of the Association’s information system integrity by or resulting from the User.

10. REVISION OF THE GTCU

The Association reserves the right to modify its GTCU at any time, for example, to implement legal measures, during the execution of access rights. In such cases, Users will be invited to accept the amended GTCU via the same method used during their first login to the Documentary Database. If the revised GTCU are not accepted, access rights (and therefore the User account) will be immediately terminated without any compensation being due by the Association.

11. FORCE MAJEURE

The Association shall not be held liable for any failure to execute or delay in executing its obligations under these GTCU due to a force majeure event as defined by Article 1218 of the French Civil Code, such as (i) defined by the most recent French case law, or (ii) one of the following events (“Force Majeure”):

• Earthquakes;
• Fire;
• Social conflict;
• Transport strikes;
• Storms;
• Floods;
• Telecommunications network blockage.

In such cases, the Association’s obligations will be suspended for a period of thirty (30) consecutive days, renewable once.

Suspension of obligations due to Force Majeure shall not constitute grounds for liability for non-performance of the obligation in question, nor shall it result in the payment of damages or penalties for delay.

If the impediment is permanent or lasts more than sixty (60) calendar days, either the Association or the User may terminate the User account and access rights by providing written notice of termination, such as by email, without any compensation being due by either party.

12. MEDIATION CLAUSE

Any disputes relating to the validity, interpretation, execution, non-execution, suspension, or termination of access rights to the Documentary Database or the User account shall, prior to any judicial or arbitral proceedings on the merits, be submitted to mediation at a mediation center or with a jointly selected mediator. If no agreement is reached on the selection of a mediator within fifteen (15) days of the dispute arising, the matter will be referred to the Court of Paris for resolution.

13. DISPUTES

Any disputes arising from these GTCU, including their validity, interpretation, execution, resolution, consequences, and any related matters, that cannot be resolved through the aforementioned mediation process, will be submitted to the competent courts of Paris, subject to any mandatory legal provisions regarding jurisdiction.

14. LANGUAGE OF THE CONTRACT - APPLICABLE LAW

By express agreement, these GTCU and related service operations are governed by French law.

They are drafted in French. If translated into one or more languages, only the French text shall be binding in the event of a dispute.

15. USER AGREEMENT

These GTCU are expressly approved and accepted by the User, who acknowledges having a full understanding of them, and therefore waives the right to invoke any other legal document of their own.