Legal Terms of the Platform
The following legal terms (the “Terms”) govern the access and use by any person (the “User”) of the present “Freddie by CMA CGM” internet website (the “Platform”). The User expressly fully accepts, solely by the effect of using the Platform, to be legally bound by these Terms.
The Platform is published and hosted by CMA CGM, a société anonyme with share capital of 234 988 300 euros, having its registered office at 4, Quai d’Arenc, 13002 Marseille – France, registered at the Registrar of Companies of Marseille under the number 562 024 422 and having the VAT identification number FR 72 562 024 422 (“CMA CGM”). CMA CGM may, at any time and without prior notice, modify these Terms. The User is therefore advised to check the Terms regularly to be aware of the latest modifications..
I. Use of the Platform
CMA CGM may, at any time and without prior notice, change or update the information appearing on the Platform as well as its services detailed therein.
Unless otherwise specified, all information, logos, trademarks, brands, graphics, user and visual interfaces, photographs, sounds, artwork, computer code, software and other content appearing on the Platform constitute intellectual property belonging to CMA CGM, whether or not protected by copyright, and shall not be used without prior written consent from CMA CGM.
CMA CGM grants to the User a personal, revocable, limited to the use authorised in these Terms, non-exclusive, royalty-free, non-transferable right to use the Platform, subject to User’s compliance with these Terms.
For any comment, idea, suggestion and/or contribution made by the User on the Platform, such User grants CMA CGM an exclusive, worldwide, royalty-free, sub-licensable and transferable licence to use, reproduce, adapt, represent, display, make available and distribute it without restriction, within the scope of the CMA CGM activities and for the entire duration of the applicable rights. These comments, ideas, suggestions and/or contributions will not be treated as confidential.
Should the User upload any User content onto the Platform, he/she shall be solely responsible for the said User content. In particular, the User shall ensure that the User content does not infringe any intellectual property right or other right of any third party and is not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. The User shall indemnify and hold harmless CMA CGM, its affiliates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever and all legal costs or other expenses, suffered by CMA CGM, its affiliates and/or agent as a result of any actual or potential breach of this provision.
In no case or no event, shall CMA CGM or any third party connected with CMA CGM, be liable for any direct or indirect damage, connected with or derived from accessing and/or using the Platform.
CMA CGM makes no representation and gives no warranty (either express or implied including, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement, or any other implied warranty under any governing law) as to the completeness, timeliness or accuracy of the information appearing on the Platform, or that the Platform will operate error-free or in an uninterrupted fashion.
In no case or no event, shall CMA CGM, its affiliates, partners, agents, representatives, and any person involved in the elaboration of the Platform, be liable for any decision made or action taken by the User after consulting this Platform, or for any direct or indirect loss, including but not limited to sales, loss of profit or information, incurred from accessing the Platform and/or acting on the information contained therein. Moreover, in no event shall CMA CGM be liable for any indirect damages arising out of or in any way connected with the use of the Platform, with the delay or inability to use the Platform, or for any information, services, programs, products, and materials available on the Platform, whether based in contract, strict liability, or otherwise as permitted by law, even if CMA CGM has been advised of the possibility of such damages.
CMA CGM shall neither be liable for any damage resulting from a computer virus nor for any damage resulting from unauthorised access by any third party to any information, data or access code contained on the Platform. The Platform may contain links to other websites that are owned and/or operated by third parties. CMA CGM shall not liable for the privacy practices or the content of such websites.
CMA CGM shall be entitled to suspend the User’s access to the Platform at any time, in case of a breach or suspected breach of these Terms. Password protected areas on the Platform are available exclusively to authorized Users. CMA CGM reserves the right to prosecute any unauthorized person accessing these areas.
The present Terms are construed in accordance to and governed by French law. Any dispute arising out of or related to the use of the Platform shall be subject to the exclusive jurisdiction of French courts.
CMA CGM complies with all international and national economic sanctions such as, but not limited to, the sanctions regimes imposed by the United Nations, European Union, UK and U.S. and/or any other relevant State, organisation or union, and their corresponding banned entities lists such as, but not limited to, the Special Designated National and Blocked Persons List (OFAC) and the European Union List of Persons and Entities Subject to Financial Sanctions.
These Terms comply with:
- the French Law 78-17 of 6th January 1978 concerning data protection and privacy, as amended and currently in force; - the European Union Data Protection Directive 95/46/EC and the General Data Protection Regulation (EU) 2016/679.
CMA CGM complies with these regulations and certifies that the Platform itself is compliant therewith. The person in charge of ensuring compliance is the Chief Privacy Officer with the CMA CGM Group appointed as representative with the French National Authority on Personal Data Protection (CNIL).
CMA CGM may collect and store personal data of the User, on its own behalf and on behalf of its affiliates, designees and subcontractors, for the following purposes and durations:
- to offer and perform the services as available on the Platform and governed by the Freddie Terms & Conditions of Service, for a period of five (5) years from the date of the User’s last access to the Platform or the last purchase of services by the User, whichever date is later; - to personalise the User’s experience on the Platform (e.g. language featured on the Platform), for thirteen (13) months from the date of the User’s last access to the Platform; - to provide secure authentication of the User to the Platform and other CMA CGM websites through Single Sign-On feature, for thirteen (13) months from the date of the User’s last access to the Platform; - to identify errors and malfunctions experienced by the User, for thirteen (13) months from the date of the User’s last access to the Platform; - to conduct surveys and statistical analysis, for thirteen (13) months from the date of the User’s last access to the Platform; - for CMA CGM’s legitimate interests to improve the Platform and provide a useful User experience on the Platform, for thirteen (13) months from the date of the User’s last access to the Platform; - to send notifications and alerts to or otherwise contact the User (applicable to registered Users only) in case of any identified problems requiring immediate action, related to the User’s visit on the Platform and his/her account, for thirteen (13) months from the date of the User’s last access to the Platform. p] [p]CMA CGM may disclose personal data of the User to its subsidiaries, associated companies, business associates, service providers, and other persons involved with the Platform or the related services. CMA CGM may disclose this information on a need-to-know basis to facilitate communication of news and information about the Platform and otherwise for the purposes mentioned above. Recipients of personal data of the User are:
- any affiliate of CMA CGM; - any agent, contractor or third party service provider who provides data processing, electronic communications, payment or other services to CMA CGM with the operation of its business; - payment service providers, credit, debit and/or charge card companies and/or banks; - any agent, freight forwarder, customs agent, carrier, insurer and any subcontractors involved in the performance of the services available on the Platform. p] [p] Where permitted by applicable local law, CMA CGM may also disclose personal data of the User to third parties: (i) when required by law, by court order, or in response to a search warrant or other legally valid inquiry; (ii) to an investigative body; (iii) to enforce CMA CGM’s agreements with the User; (iv) when requested by other government or law enforcement authorities; (v) with the User’s express consent; or (vi) pursuant to CMA CGM’s good faith belief that disclosure is required by law or otherwise necessary to the establishment of legal claims or defences, to obtain legal advice, to exercise and defend CMA CGM’s legal rights, to protect CMA CGM’s rights or property.
CMA CGM may also transfer any personal data of the User in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of CMA CGM or as part of a corporate reorganization or stock sale or other change of control, to an actual or proposed assignee, transferee, participant or sub-participant.
By using the Platform, the User acknowledges having been properly notified that all personal data input into the Platform may be collected and processed by CMA CGM (and/or its affiliates) for the purposes stated above, subject to respect of the User’s rights as set forth in the present Terms.
CMA CGM guarantees loyal use and processing of the User’s personal data and commits to:
- keep the personal data accurate and up-to date; - keep and process only the personal data adequate and relevant for the purposes for which such personal data has been transferred by the User to and/or collected by CMA CGM; - keep and process the personal data only for the period that is required for the purposes for which such personal data has been transferred by the User to and/or collected by CMA CGM; - host such personal data on servers physically situated within the European Union; - secure access to such personal data of the User and implement appropriate physical, technical and administrative measures to safeguard and secure the collected personal data of the User, including by contractual obligation with CMA CGM’s sub-processors, if any.
CMA CGM does not make any assessment or decision related to the User and likely to significantly affect the User based only on the automated processing of his/her personal data.
The User may, at any time, (i) access his/her personal data, (ii) receive a copy of his/her personal data (CMA CGM may charge a reasonable fee based on administrative costs), (iii) object, under certain conditions, to the processing of his/her personal data, (iv) request rectification or erasure of his/her personal data, (v) receive personal data which he/she has provided to CMA CGM, in a structured, commonly used and machine-readable format and transmit those data to another data controller, (vi) set instructions relating to the use and retention of his/her personal data after death, and (vii) lodge a complaint with a data protection supervisory authority such as the French National Authority on Personal Data Protection (CNIL), unless specific applicable legal provision to the contrary. To do so, the User shall contact directly the Data Protection Officer with the CMA CGM Group appointed as representative with the French National Authority on Personal Data Protection (CNIL) at firstname.lastname@example.org.
The User acknowledges that CMA CGM may be unable to provide some services available on the Platform in case no or not enough personal data of the User are collected and processed by CMA CGM for the performance of the said services. CMA CGM shall not be liable for incomplete content on the Platform or unavailability of the Platform, should the User object to the processing or request erasure of his personal data.[p] [p]CMA CGM measures attendance of the Platform and records the name of the User’s ISP (Internet Service Provider), the pages the User visit, the date and the duration of such visit. These data do not allow identifying personals and are not covered by the provisions related to personal data.
To make the Platform work properly, the Platform may place so called “cookies” on the User’s device.
CMA CGM may use these cookies for the following purposes:
- real user monitoring to enhance performance of the Platform, resorting to third-party persistent cookies; - managing the availability and performance of software applications, their impact on user experience, and logging incidents on the Platform, resorting to first-party and third-party session cookies; - user-centric security, resorting to first-party session cookies only; - user authentication, resorting to first party session cookies only, essential for the operation of the Platform; - data analytics (e.g. number of visits), resorting to first-party persistent cookies; - cookie based load-balancing, resorting to first-party and third-party session and persistent cookies.
By continuing to use the Platform, the User accepts that the Platform may install cookies on the User’s device.
The User acknowledges that the Platform is currently in its development version and is not made public, and it represents intellectual property of CMA CGM and its commercial advantage. Therefore the Platform at its current stage must be protected by a confidentiality obligation imposed on the User for one (1) year from the date of the User’s last access to the Platform.
Therefore, the User irrevocably undertakes to keep confidential the following information (hereinafter the “Information”):
(i) all information of any kind whatsoever which is non-public, confidential or proprietary in nature (including, but not limited to, markets, customers, contracts, details of assets, processes, techniques, financial, business, economic, legal, technical, operational, environmental, commercial, employment, management, marketing, planning information), pertaining to the Platform, and/or CMA CGM, as may be provided, or might have already been provided by CMA CGM to the User in writing, orally, electronically or by any other means; (ii) all such analysis, compilations, studies and other documents, that CMA CGM may have prepared or caused to be prepared and which may contain, refer to or simply result from or be based on, the information mentioned in paragraph (i) above; (iii) the very existence of the Platform, the fact that the Information have been made available, the fact that CMA CGM is or has been involved in the analysis of, in meetings or negotiations and discussions related to the Project, the existence and contents, time and status of such meetings or discussions, the existence and terms of this Agreement and generally any information in connection with the Project referred to above.
The obligation of confidentiality shall not be applicable to such portions of the Information which the User proves that:
(i) are or become generally available to the public through no fault or action by the User, or its shareholders, directors, officers, employees, affiliates, agents, accountants, consultants, legal and financial advisers (hereinafter the “Representatives”), or (ii) are in the possession of the User or become available to the User on a non-confidential basis from a source, other than CMA CGM, provided that such source is not bound by a confidentiality agreement in relation to the Information nor otherwise prohibited from transmitting the Information to the User by a contractual, legal or fiduciary obligation.
The User shall not shall not, without CMA CGM prior written consent, directly or indirectly, use nor disclose any of the Information to any person, in any matter whatsoever, in whole or in part in connection with the Platform. Moreover, the Platform undertakes that the Information will not be reproduced or copied except for purposes of beta testing the Platform.
The User shall take all measures to protect the Information and agrees to reveal the Information only to its Representatives who need to know such Information, who are informed by the User in advance of the confidential nature of the Information and who shall agree in writing to be bound by the terms and conditions at least as stringent as those set forth herein. The User shall also be liable for any breach of this confidentiality obligation by any of its Representatives.
The User agrees that the Information is the property of CMA CGM and is confidential and material to its interests and that its disclosure, other than as permitted herein, could cause irreparable harm to CMA CGM. Consequently, the User will indemnify CMA CGM for any losses, liabilities, costs or expenses (including without limitation expense of consultants, legal advisors and counsels), claims, suits, actions proceedings, demands, penalties, fines, judgments, awards or damages arising out of or in connection with any failure to perform or comply with, or any breach of, any one or more of the provisions of these Terms by the User or its Representatives. The User also agrees that money damages would not be a sufficient remedy for any breach of this confidentiality obligation by the User or any of its Representatives, and that in addition to all other remedies CMA CGM shall be entitled to specific performance and injunction or other equitable relief as a remedy for any such breach.