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Legal notice

Legal notice

28 November 2016

The website “www.device.airliquidehealthcare.com” (hereinafter the “Website”) is published by the Company Air Liquide Medical Systems  

Registered office: 6 Rue Georges Besse – 92160 Antony – France

SIRET: 348 921 735

Telephone: +33 (0)1 40 96 66 00

E-mail: almedicalsystems.accueil@airliquide.com

The editor of the Website is Mr Benjamin Sarda, Marketing Director.

The Website is hosted by Acquia Inc., 10th Floor – 53 State Street – Boston MA 02109 – United States

Telephone: +1 888 922 7842

E-mail: sales@acquia.com

Article 1.             Website features

The features of the Website are as follows:

-        Access to information on Air Liquide Medical Systems and the equipment or hardware it manufactures or distributes;

-        Contact with Air Liquide Medical Systems using the contact form;

Air Liquide Medical Systems reserves the sole right to temporarily or permanently modify or discontinue the said features at any time, in particular during maintenance work on the Website. 

Article 2.             Subject

 

The purpose of these Terms of Use (hereinafter “TOU”) is to set out the features of the Website and the conditions in accordance with which the visitor is authorised to use the Website.

These TOU are available on the Website at any time.

Article 3.             Acceptance

By agreeing to access the Website, the visitor represents and warrants that they:

-          Have read these TOU and agree to comply herewith;

-          Have been informed of the rights they hold over the Data pertaining to them. 

Article 4.             Duration

The TOU shall apply and enter into force when the visitor accesses the Website, until they leave the Website.

Article 5.              Technical prerequisites and Access systems

The visitor shall be personally responsible for the implementation of IT and telecommunications systems for access to the Website and the acquisition of the knowledge necessary to use the Internet and the Website.

Fees for connection and equipment related to Internet access and use of the Website shall be the sole responsibility of the visitor.

Use of the Website implies knowledge and acceptance of the features and limits of the technology used on the Internet and related technology, in particular with regard to technical performance, response times for consultation, queries or transfer of information, risk of interruption, and more generally, the risk involved in any connection and transmission, the lack of protection of certain data against possible diversions and the risk of infection by any viruses on the network.

Article 6.             Visitor conduct

By accessing the website, the visitor undertakes and warrants to comply fully with the TOU.

In addition, visitors undertake not to:

-      Interfere with or disrupt the operations of the Website or the servers or networks connected to the Website, or disobey any requirements, procedures, rules or regulations of the networks connected to the Website;

-    Attempt to harm any other visitor or network, including but not limited to exposing the Website to a virus, overloading, flooding the server, overfilling messaging services and falsifying any TCP/IP information packet headers or any part of the header information included with any e-mail;

-   Access or attempt to access any information or Data not intended for them, in particular by forcing systems or by any other means, or accessing a server / account to which the visitor does not have authorised access;

-    Attempt to probe, scan or test the vulnerability of the Website, a network or any other system, or breach any security or authentication measures;

-        Impersonate others, in particular other visitors;

-     Take or encourage a third party to take illegal actions or any other action infringing the rights of Air Liquide Medical Systems, its subsidiaries, partners, visitors or any other natural or legal person;

-     Transmit or transfer (by any means) information or data taken from the Website, in particular to other countries or to certain foreign nationals in violation of national or international law or regulations;

-      Use any means to bypass the identification techniques used by Air Liquide Medical Systems required to connect to the Website and in particular to the payments module.

By acknowledging the global nature of the Internet, all visitors undertake to comply with all local and international regulations regarding conduct online and acceptable content, in particular all laws in force regarding the transmission of data.

Any program, document or material downloaded or obtained by the visitor by using the Website is at the risk of the visitor. The visitor is solely responsible for any loss or damage, including in particular damage to their computer system or loss of data resulting directly or indirectly therefrom.

Article 7.             Intellectual property

The Website contains data and elements protected in particular by intellectual property rights such as trademarks, copyright, etc.

Therefore, unless otherwise stated, the intellectual property rights to each of the components of the Website (images, animated or otherwise, illustrations, photographs, sounds, knowledge, text, graphics, etc.), including software, databases (hereinafter the “Content”) and the Website are the exclusive property of Air Liquide Medical Systems or one of its partners who have granted usage rights to Air Liquide Medical Systems. Air Liquide Medical Systems does not grant any licence or sub-licence to all or part of the Content, nor any right other than to use the Website in accordance with these TOU.

Any reproduction or use of copies of the Website or its Content made for purposes other than those set out in “Website features” in any way and in any form is expressly prohibited.

It shall also be prohibited to:

-      Copy, modify, create a derivative work, assemble, decompile (except as provided for by law), sell, assign, sub-license or transfer in any way any right pertaining to the Website or the Content;

-     Modify all or part of the Website or Content, in particular to obtain unauthorised access to the Website by any means other than the hyperlink to the Website.

Consequently, any total and/or partial reproduction and/or representation of the Website and/or its Content without the prior written consent of Air Liquide Medical Systems is prohibited and constitutes an infringement punishable in particular pursuant to the French Intellectual Property Code

In addition, any extraction, by permanent or temporary transfer to other media by any means, or re-use by providing public access to all or a substantial qualitative or quantitative part of all or part of the Website or its Content is prohibited, including for private purposes.

Any repeated and systematic extraction or re-use of non-substantial qualitative or quantitative parts of all or part of the Website or its Content is prohibited, including for private purposes, where these operations exceed normal use of the Website.

Similarly, any unauthorised reproduction of literary or photographic works or more generally any work likely to be protected by intellectual property rights accessible via the Website is prohibited pursuant to Article L. 122-4 of the French Intellectual Property Code, unless said reproduction is exclusively intended for strictly private use. Any violation of this prohibition shall give rise to civil and/or criminal penalties pursuant to Article L. 335-2 of the French Intellectual Property Code.

All other brands, logos, product names, any company name and any other distinguishing sign appearing on the Website are the property of Air Liquide Medical Systems, its subsidiaries or one of its providers, partners or suppliers.

Any use in any way for any purpose of all or part of one or more of these brands, logos, product names, any company name and any other distinguishing sign appearing on the Website is subject to the express authorisation of the owner of the protected sign.

Article 8.             Links policy

Links to third-party sites

The Website includes links providing direct access to third-party websites. Air Liquide Medical Systems assumes no liability for the content and use by the visitor or by third parties of the information available on other websites to which it has created links or which may have been created without its knowledge, whether or not these sites are partners of Air Liquide Medical Systems. Air Liquide Medical Systems exercises no editorial control over the said information.

Links provided on the Website in no way imply the concession of any licence to any rights held by Air Liquide Medical Systems over trademarks, trade names, logos and other elements of the Website. Finally, Air Liquide Medical Systems declines all liability for any technical failures in relation to the said links. Access to all third-party sites via the Website is made under the sole and full responsibility of the visitor, who is invited to review the rules applicable to the use of the said third-party sites and to the disclosure of information they may provide to the said linked sites.

Links to the Website

Links may be created to the homepage of the Website, subject to compliance with the following rules. Links to the homepage of the Website shall not damage or besmirch the reputation of the brands and/or intellectual property rights of Air Liquide Medical Systems, nor give the false impression that the Website and/or organisation is sponsored, supported and/or affiliated to Air Liquide Medical Systems. Insertion of the Website into a frame or alteration of the intellectual property rights or content thereof in any way is prohibited. Links to the homepage of the Website shall not be placed on a site with illegal, abusive, indecent content, which condones violence or illegal acts, or which contains racist, defamatory, improper, provocative comments or any remarks deemed inappropriate by Air Liquide Medical Systems at its sole discretion. Air Liquide Medical Systems reserves the right, at its sole discretion, to delete any link to another website, for any reason or with no rationale given, including but not limited to any website Air Liquide Medical Systems deems inappropriate, incompatible or non-compliant with this Website and/or these TOU.

Air Liquide Medical Systems is not responsible for the content or correct functioning of the Internet, including other websites that can be accessed from the Website or direct thereto. Visitors are requested to inform Air Liquide Medical Systems of any error or inappropriate content found on websites that can be accessed from the Website or direct thereto.

Article 9.             Liability

Air Liquide Medical Systems shall not be held liable for any damage resulting directly or indirectly from (i) viruses, bugs or any program or application incompatible with the visitor's infrastructure; (ii) a malfunction of the Website, in particular a failure, error, loss of data or inability to access the Website; (iii) any system used by the visitor to access the Website, in particular hardware, software and telecommunications networks.

The information available on the Website shall be accessed from a Terminal and communications network at the expense of and under the responsibility of the visitor. Air Liquide Medical Systems therefore takes no responsibility for the transfer of information or availability or access to the Website.

Article 10.           Survival

The provisions of the TOU which, due to their nature or drafting, continue to apply after the termination of use of the Website for any reason, in particular the provisions of “Technical prerequisites and Access systems”, “Website features”, “Visitor conduct”, “Intellectual property”, “Liability” and “Survival”, shall remain in force after the said use.

Article 11.           Notifications

Air Liquide Medical Systems shall send notifications to the visitor in the following situations:

-    Notification if a visitor unsubscribes from one of the features of the Website, such as the newsletter;

-    Notification as part of a satisfaction survey or any marketing operations;

Air Liquide Medical Systems notifications shall be sent by e-mail to the address indicated by the visitor when subscribing to the newsletter.

Article 12.           Invalidity – Completeness – Headings

Should one or more of the provisions of the TOU prove to be null and void or are declared as such pursuant to a law, regulation or as the result of a final ruling by a competent court, the remaining provisions hereof shall remain binding.

In the event of difficulties in interpretation between any clause headings and the clause itself, the heading shall be discarded and the content of the clause in question shall prevail.

Article 13.           Updating of the TOU

Air Liquide Medical Systems reserves the right to modify, complete or update these TOU, including the documents referenced herein, without notice.

Updates to the TOU shall be announced by the posting of an information message on the homepage of the Website, inviting the visitor to view the update.

Article 14.           Governing law – Competent jurisdiction

The TOU shall be governed by French law. The said law shall apply in both form and substance.

IN THE EVENT OF A DISPUTE REGARDING THE VALIDITY, EXECUTION OR INTERPRETATION OF THE TOU, EXPRESS JURISDICTION IS GRANTED TO THE COURTS OF PARIS NOTWITHSTANDING MULTIPLE DEFENDANTS OR A THIRD-PARTY CLAIM, EVEN FOR EMERGENCY OR PROTECTIVE MEASURES IN A SUMMARY PROCEDURE OR PETITION.

 


 

Article  15 Disclaimer-

The information contained in this website is for general information purposes only. The information is provided by Air Liquide Medical Systems and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will Air Liquide Medical Systems be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Air Liquide Medical Systems. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Any visitor to this website hereby agrees that this Legal Disclaimer and Terms and Conditions of Usage is to be governed by and construed in accordance with the laws of France, without regard to the choice or conflicts of law provisions of any jurisdiction, and any dispute arising in relation to this website or its Legal Disclaimer and Terms and Conditions of Usage shall be subject to the exclusive jurisdiction of the courts in France.

 

Privacy Policies

The various Privacy Policies on this Website set out the manner in which personal data is collected and used by Air Liquide Medical Systems or its subsidiaries as part of:

·      This Website,

·     The implementation of the transparency obligations of Air Liquide Medical Systems pursuant to the Law of 29 December 2011 concerning the promotion of medicinal and healthcare product safety.

Website Privacy Policy

12 december 2016

Personal data

The personal Data of visitors to the Website will be collected, processed, stored and used by Air Liquide Medical Systems, and processed by its service providers.

“Data” is defined as (i) all personal information or data collected by Air Liquide Medical Systems from the visitor; and (ii) all personal information or data automatically collected while a visitor is using the Website, in particular using cookies.

Visitors shall provide certain data (i.e. surname, given name, e-mail address, telephone, etc.) to Air Liquide Medical Systems to process any request sent using the contact form on the Website, or at other times when data is collected automatically. The optional or mandatory nature of the data requested will be indicated when the Data is collected.

Visitors accept that Air Liquide Medical Systems may use their Data for the following purposes:

·   All operations related to marketing;

·   For services or support requested by the visitor;

·   To contact the visitor from time to time if they encounter difficulties when browsing the Website;

·  To customise, measure and improve the services and content that can be accessed on the Website.

Air Liquide Medical Systems may disclose these Data to fulfil legal requirements, implement the Website TOU and respond to any third-party claims. In all cases, the said information shall be disclosed pursuant to the applicable laws and regulations.

Air Liquide Medical Systems may also share the said information with:

·  Third-party service providers performing services on behalf of Air Liquide Medical Systems (e.g. conducting satisfaction surveys and all marketing operations);

·  Subsidiaries of Air Liquide Medical Systems;

·  Third-party companies in the event of merger operations. 

Air Liquide Medical Systems shall only use the Data for the purposes set out above. The said information shall not be sold to a third party for commercial or marketing purposes.

From time to time, Air Liquide Medical Systems may request information from visitors in order to evaluate potential features and services. The decision whether to respond to survey is entirely the prerogative of each visitor. Air Liquide Medical Systems will use the information collected from the said surveys to improve its services.

Air Liquide Medical Systems takes the appropriate technical and organisational measures to prevent the unauthorised or illegal processing of visitor Data and the accidental loss, deletion or deterioration of the said Data.

Despite the measures taken by Air Liquide Medical Systems and those taken by service providers that could be used thereby, the Company cannot ensure the confidentiality of the Data.

Use of the Website shall not entail transfer of Data to countries without an adequate level of protection in accordance with the applicable regulations.

Pursuant to Law No. 78-17 of 6 January 1978 as amended, all visitors shall have the right to access and modify their Data. Each person also has the right to object to the processing of their Data for legitimate reasons, on presentation of proof of identity. The said rights may be exercised by e-mail to the following address:almedicalsystems.accueil@airliquide.com

Pursuant to Article 40-1 of the aforementioned Law No. 78-17, you may also notify Air Liquide Medical Systems of your specific requirements regarding the storage, deletion and communication of your personal data after your death. You may modify or revoke these requirements at any time and/or appoint a person to fulfil the said requirements.


Visitors may request Air Liquide Medical Systems no longer send them communications or newsletters, by the following means:

1.   By contacting Air Liquide Medical Systems using the contact form;

2.    By following the instructions included in all communications and newsletters.

Air Liquide Medical Systems shall store visitors’ personal data for 18 months. At the end of the said period, the Data will be archived by Air Liquide Medical Systems.

The terms of the processing of personal data under the transparency scheme applicable to the professionals concerned are specified on the Transparency page of the Website.

Phishing or fake e-mails to the visitor

Should visitors receive an unsolicited e-mail pretending to be from Air Liquide Medical Systems requesting personal information (such as bank details or credit card numbers) or requesting verification or confirmation of certain personal information by clicking a link, the e-mail was probably sent by someone who is attempting to obtain information illegally. This is sometimes referred to as “phishing”. Air Liquide Medical Systems does not request this type of information by e-mail. Visitors are recommended not to provide the information requested, nor to click on the link. If you click on the link, the sender of the e-mail could access the data sent, if the data are included in the link or in your reply e-mail.

Cookies

Air Liquide Medical Systems collects and shares anonymised information concerning usage of the Website with one or more monitoring companies, for statistical purposes.

In order to improve visitors’ experience when browsing the Website and for statistical analysis purposes, Air Liquide Medical Systems automatically collects certain data when the visitor visits the Website:

·    IP address: an IP address is assigned to your Terminal (a “Terminal” is a device used to access the Website. Terminals include Apple and Android smartphones and tablets, personal computers connected to the Internet (PC or Mac)) by your Internet Service Provider so you can access the Internet;

·      The date and time of the visit to the Website and the pages viewed;

·      The web browser used;

·      The time connected.

A “cookie” is a small file downloaded to each visitor's Terminal when consulting certain pages on the Website. Air Liquide Medical Systems or providers of services to Air Liquide Medical Systems may use cookies to assist Air Liquide Medical Systems in the analysis and measurement of traffic on the Website and to improve the quality of the service.

The Website uses the following cookies:

·         Functionality cookies,

·         Performance cookies,

Functionality cookies

Functionality cookies allow the visitor to browse the Website and use its essential features, such as the secure areas of the Website. These cookies do not collect any information that could be used for marketing or targeted advertising purposes.

 

Performance cookies

These cookies are used to create statistics and reports following the use of the Website (sections and content visited, time connected to the site, number of error messages encountered). Air Liquide Medical Systems uses this information to improve the content and user experience of its services, and to test new features.

This Website uses XiTi, an audience measurement system that uses remote markers. This system enables the websites that use it to collect anonymous statistical data on their audience and improve the quality of their services and the user experience on their website. XiTi.com is published by Applied Technologies Internet, a company specialised in audience technologies.

This Website also uses Google Analytics, an Internet analysis tool that measures web traffic and audience, using remote markers. This system enables websites to collect anonymous statistical data on their audience and to use these data to improve the quality of their services and the user experience on their website. Google Analytics uses cookies to assist Air Liquide Medical Systems in understanding how visitors use the Website.

Website cookie management

Cookie files can be prevented from using visitors’ personal data, either by deleting the web browser cookies folder or by increasing the privacy settings in the said program. However, (a) your use of the Website would be affected; and (b) the user experience on this Website and on other websites that use cookies to improve or customise your experience would be affected.

Web browsers can be configured to ensure that cookies are stored on the visitor's Terminal or conversely not stored (i.e. blocked) in all cases or based on the issuer. Web browsers can also be configured to ask the visitor to allow cookies each time, i.e. whether to retain or reject the cookie sent.

For Internet Explorer™

https://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

For Safari™

https://support.apple.com/en-gb/HT201265

For Chrome™

https://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647

 

For Firefox™

https://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%2...

For Opera™

https://help.opera.com/Windows/10.20/fr/cookies.html

 

All cookies stored before changing the browser settings will remain on the Terminal. The said cookies may be deleted using browser settings.

In addition, for performance cookies:

Google Analytics cookies can be disabled by downloading and installing a browser extension.

XiTi audience measurement cookies can be disabled by following the steps on theApplied Technologies Internet website.

 

Governing law – Competent jurisdiction

The Privacy Policies shall be governed by French law. The said law shall apply in both form and substance.

IN THE EVENT OF A DISPUTE REGARDING THE VALIDITY, EXECUTION OR INTERPRETATION OF THE TOU, EXPRESS JURISDICTION IS GRANTED TO THE COURTS OF PARIS NOTWITHSTANDING MULTIPLE DEFENDANTS OR A THIRD-PARTY CLAIM, EVEN FOR EMERGENCY OR PROTECTIVE MEASURES IN A SUMMARY PROCEDURE OR PETITION.