Preamble – Scope of application:
INNOVATION WAY, a simplified joint stock company with a capital of 12.750 euros, whose registered office is located at 38 Boulevard Ney in Pont à Mousson (54 700), registered with the Nancy Trade and Companies Register under number 825 193 477 (hereinafter «Innovation Way»), uses online self-diagnostic tools in the form of questionnaires to evaluate the company’s internal practices in relation to various themes: innovation management, export, digital transformation, etc.
The answers to the questionnaire generate more or less detailed Diagnostic Reports, depending on the user’s choice. These Diagnostic Reports are provided to the user free of charge or against payment, under the conditions set out below.
The Site is hosted by:
94 AVENUE DE LA SARRIETTE
13600 LA CIOTAT
ARTICLE 1 – DEFINITIONS
«Site» refers to the Innovation Way site accessible from the URL www.innovation-way.com or any URL that may be substituted for it.
«User» refers to any natural or legal person who visits one or more pages of the Site and, where applicable, uses, free of charge or for a fee, the Services offered on the Site.
«Services» refers to all the services of the Innovation Way Company offered to Users on the Site, including Diagnostic Reports, in their current and future versions, as well as any changes they may undergo.
«General Terms and Conditions» refers to these general terms and conditions of use of the Site and the Services accessible on this site, which bind the User to Innovation Way.
«Diagnostic Reports» refers to the two types of customized diagnostic reports that are generated when the online accessible questionnaires that have been completed:
- Evaluation Reports;
- Recommendations Reports.
These Diagnostic Reports are unique and personalized since they are prepared for a single company, taking into account the specific data related to the company for whose benefit the questionnaire is completed.
These two Diagnostic Reports, which differ in their degree of precision and exhaustiveness, are offered to Users of the Site at differentiated pricing conditions.
«Questionnaire» refers to the questionnaire accessible on the Site and proposed to Users allowing them to generate Diagnostic Reports.
«Evaluation Report» refers to the free or paid report, according to the conditions stipulated in article 5 of these General Conditions, generated following the answers given to the Questionnaire by the User.
«Recommendation Report» refers to the paid report generated as a result of the User’s responses to the Questionnaire.
«Client» refers to any structure, natural or legal person, private or public, collaborating or likely to collaborate, on an ad hoc or long-term basis, with Innovation Way in the course of its activity.
«Content» refers to all the information and publications accessible on the Site and in particular its general structure, texts, figures, graphics and tables, animated or still images, videos, sounds, hypertext links of which the Site is composed, the distinctive signs, brands and logos constituting its graphic charter and associated databases where applicable.
«Form» refers to the registration form allowing the User to register to benefit from all or part of the free Services offered by Innovation Way and, if applicable, to subscribe to one or more Paid Services.
«Account» refers to the individual account of a User, created on the Site using a password and an identifier to benefit from the Services.
ARTICLE 2 – PURPOSE
The purpose of these General Terms and Conditions is to define the terms, conditions and conditions of navigation and use of the Site, as well as the use of the Services by Users.
ARTICLE 3 – ACCEPTANCE AND MODIFICATION
3.1 Access to and use of the Site and Services are subject to the User’s unreserved acceptance of and compliance with these General Conditions, which the User is required to read carefully.
These General Terms and Conditions apply, where applicable, to any variation or extension of the Site on existing or future social and/or community networks.
3.2 In view of the evolving nature of the Site and Services, which may be modified, in particular by making new functionalities available, or by deleting or modifying certain functionalities, the General Conditions may be modified at any time by Innovation Way.
ARTICLE 4 – REGISTRATION FOR SERVICES
Registration process :
The use of the Services requires that the User registers on the Site, by completing the Form provided for this purpose. This registration can be made by any natural person who has the legal capacity to enter into a contract.
Registration automatically results in the opening of an Account in the User’s name giving him/her access to a personal space that allows him/her to manage his/her use of the Services, and to benefit from the history of the Questionnaire(s) entered, in a form and according to the technical means that Innovation Way considers most appropriate for providing the Services.
Strictly personal use:
The User may access his Personal Space at any time, subject to the cases listed in Article 4 of these General Conditions, after having identified himself using his e-mail address and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf.
The User is responsible for maintaining the confidentiality of his email address and password. If he notices that his Account has been used without his knowledge, the User undertakes to immediately inform Innovation Way, which acknowledges that he may take all appropriate measures in such cases.
ARTICLE 5 – FINANCIAL CONDITIONS
Some Services are provided free of charge, others for a fee, according to the terms and conditions set out below.
5.1 Evaluation Report. Innovation Way allows the User to benefit, free of charge, from the submission of a limited number of Evaluation Reports prepared on the basis of the answers provided to the Questionnaire by the User. The quantity of Evaluation Reports that can be published free of charge is limited to three (3) per company (per email address such as @masociete.com) per year and may be modified by Innovation Way at any time, at its free discretion.
5.2 Financial conditions for the extension of the number of editable Evaluation Reports. Innovation Way allows the User to increase the number of Evaluation Reports that can be edited on the Site. This extension is the subject of a specific contract between the User and Innovation Way.
5.3 Financial conditions of the Recommendations Report. After completing the Questionnaire, the User may choose to benefit from a Recommendations Report offering analysis and recommendations. Payment by the User will be made in full on the Site by credit card or will be the subject of a specific contract between Innovation Way and the User. The price of this Recommendations Report may be modified by Innovation Way at any time, at its sole discretion. Innovation Way reserves the right, at its free discretion and in accordance with the terms and conditions of which Innovation Way shall be the sole judge, to propose promotional offers or price reductions.
ARTICLE 6 – COMMITMENTS AND RESPONSIBILITY FOR INNOVATION WAY
6.1 Access to the Site. Innovation Way uses all reasonable means at its disposal to ensure quality access to the Site and the use of the Services. The Site is accessible 24 hours a day, 7 days a week except in the event of force majeure within the meaning of Article 1218 of the French Civil Code and case law, or the occurrence of an event beyond the control of Innovation Way, and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Site.
Innovation Way reserves the right to interrupt, temporarily suspend or modify, without notice, access to all or part of the Site and/or Services, in order to ensure their maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation towards the User.
Innovation Way also reserves the right to modify or delete information on the Site without prior notice.
More generally, despite all the diligence implemented to ensure a constant quality of use of the Site, Innovation Way will in no way be liable, which the User expressly and unreservedly acknowledges, in the event of the following elements occurring:
-anomalies, errors or bugs in the information, Services and software provided on the Site;
-interruptions or failures on the Site;
-Incompatibility of the Site with a particular equipment or configuration of the User.
6.2 Limitation of liability. The Questionnaires and Diagnostic Reports generated and, more generally, all the Services offered by Innovation Way, are subject to continuous improvement and cannot be considered perfect or exhaustive.
Innovation Way is committed to providing users of the Services resulting from its know-how, with diligence and with a view to continuous improvement. However, Innovation Way does not guarantee that the Diagnostic Reports published will exactly meet the specific expectations or constraints of Users. It is expressly understood that Innovation Way is bound by an obligation of means, to the exclusion of any obligation of result, which Users expressly acknowledge and accept.
6.3 Indirect damage. In addition, Innovation Way shall in no event be liable for indirect and/or intangible, foreseeable or unforeseeable damages (including loss of profits) resulting from the use of the Services or from the total or partial inability to access the Site.
ARTICLE 7 – OBLIGATIONS AND LIABILITY OF THE USER
7.1 Means necessary to access the Site
Access to the Site by the User requires the possession of suitable, high-performance and secure computer hardware, software and an Internet connection.
Consequently, the User is personally responsible for his choice of equipment and Internet connection and Innovation Way cannot under any circumstances be held responsible for any consequences resulting from the installation and use of the User’s computer equipment or Internet browser.
7.2 Conditions of use of the Site and Services
The User expressly undertakes, in application of the present contract, to :
- not to make commercial use of the elements, data and information published on the Site without the express, prior and written consent of Innovation Way;
- use his password and login for the sole purpose of authenticating himself. In this respect, the User must not, without this list being exhaustive, communicate, distribute, share, make his password and/or identifier accessible in any way to third parties.
- use the Services in accordance with their purpose described in these Terms and Conditions.
The violation by the User of one of his obligations gives Innovation Way, after having informed the User, the right to temporarily suspend his access to the Site or to permanently terminate his access to the Site. In the event of a violation of the law or these General Terms and Conditions, Innovation Way reserves the right to initiate legal proceedings, lawsuits or claims against the responsible Users.
ARTICLE 8 – INTELLECTUAL PROPERTY
8.1 Intellectual Property on the Site and its Content
The Site is a work protected by the laws in force on intellectual property of which the Innovation Way Company is the exclusive owner.
The entire content, such as its general structure, texts, images, animated or not, and, more generally, all the elements composing the Site, are protected and fall under French and international legislation on copyright and intellectual property.
All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations.
Innovation Way is a registered trademark. Any use of this trademark without the prior written consent of its owner is prohibited.
Any use, whatever it is, in whole or in part, of the names, brands and logos of the Site including, in particular, but not exclusively, the brands and trade names held by Innovation Way is prohibited without its express, prior and written authorization. Any reproduction, representation by any means whatsoever, in whole or in part, of the Site or any of its elements, in whole or in part, without the prior written consent of Innovation Way, is strictly prohibited and would constitute an infringement.
8.2 Intellectual Property on the Services
Innovation Way is, and will remain, the exclusive owner of all intellectual property rights, including copyrights, relating to the Services offered on the Site, in particular on the questionnaires and Diagnostic Reports generated, whether in terms of their content, frame, structure or graphic representation.
The Use of the Services does not entail any transfer of intellectual property rights to the User, which the User expressly acknowledges.
The User expressly refrains, under penalty of prosecution for infringement, from reproducing, in whole or in part, in whole or in part, the logical sequence, the sequence of questions, the very content of the questions, analyses and recommendations contained in the Questionnaire and the Diagnostic Reports generated, and from reusing them, in whole or in part, without the prior written consent of Innovation Way.
ARTICLE 9 – RELATIONS WITH PARTNERS AND ADVERTISERS
Any commercial relations, whatever they may be, that the User may or may maintain when using the Services, with the Innovation Way Partners or advertisers present on the Site, are made directly with the Partners or advertisers, without Innovation Way being a party to these relations. Under no circumstances will Innovation Way be held liable for any damage suffered by the User as a result of its relations with Innovation Way Partners or advertisers.
ARTICLE 10 – HYPERTEXT LINKS
The Site may contain hypertext links to other websites over which Innovation Way has no control. Despite the checks carried out before setting up any hypertext link on the Site, Innovation Way declines all responsibility for the content of these sites and any updates that may be made to them.
ARTICLE 11 – COOKIES
The user is informed that, during his visits to the Site, a cookie may be automatically installed on his browser software.
The cookie is a block of data that does not allow the identification of the User, but is used to record information relating to the User’s navigation on the Site.
On the Site, the cookie allows the automatic identification of the User, without the latter having to re-enter his identifier and password each time he connects to the Site.
However, the User may object to the recording of «cookies» by configuring his internet browser.
ARTICLE 12 – DATA PROTECTION AND COLLECTION (CNIL)
12.1 Data collected. In order to be able to use the Services, in particular to complete the questionnaire and benefit from Diagnostic Reports generated subsequently, the User will be asked to provide a certain number of data relating to the organisation of his company, some of which may, on a marginal basis, be personal data within the meaning of Article 4.1 of the General Data Protection Regulation (GDR) which came into force on 25 May 2018. This Personal Data includes all the data concerning the User as a natural person and that the latter voluntarily communicates to Innovation Way on the Site through the various sections and forms, particularly in connection with the use of the Services.
In any event, they are not «sensitive data» within the meaning of Article 9 of the DGPS.
In accordance with the principle of minimisation of Personal Data enshrined in the DGPS, the Personal Data that the Client and/or User must provide when using the WAY INNOVATION Services accessible on its Website, corresponds only to the relevant, legitimate and necessary information for the purpose of the Diagnostic Reports.
Innovation Way takes all measures to ensure the protection and integrity of Personal Data in compliance with the regulations in force regarding the processing of Personal Data (the RGPD and the resulting law of 20 June 2018 on the protection of personal data).
12.2 Purpose of the use of the data collected. In accordance with the regulations in force regarding the processing of Personal Data, the purposes of the processing of Personal Data carried out by INNOVATION WAY are as follows. :
– enable Users to use Innovation Way Services efficiently;
– carry out data analyses to establish reports, in particular on companies’ internal practices;
– send emails to inform about news, in particular about the offers offered by Innovation Way;
– enable Innovation Way to manage and monitor its commercial relations with Customers.
– be used for commercial purposes in order to offer companies adapted and personalised services;
– be used for research purposes by research laboratories working in partnership with Innovation Way;
– be used to send «newsletter» newsletters (if registered or accepted in advance) or commercial offers from Innovation Way;
-to be used for statistical purposes on the use of the Site.
12.3 Data retention.
In view of the purposes of the data processing operations described above, the main purpose of the data processing operations carried out is to enable Innovation Way to collect them, in particular in order to establish comparisons on the behaviour of companies over a significant period of time. Consequently, the data in the broad sense (including any Personal Data) will be kept by Innovation Way for a period of thirty (30) years.
12.4 Prior consent of the Beneficiary
Where the User is not the beneficiary of the Services offered by Innovation Way via its Website, the User expressly undertakes to inform each beneficiary that Innovation Way processes Personal Data for the purposes set out above, and undertakes to obtain the prior and express consent of each of the beneficiaries by which they authorise the said User to communicate Personal Data to Innovation Way concerning them. In the event of a breach by the User of his aforementioned obligation, Innovation Way cannot be held liable under any circumstances.
12.5. Right of access and rectification. In accordance with the regulations in force regarding the processing of Personal Data, each User or the beneficiary has the right to access, modify, rectify or oppose the Personal Data concerning him/her.
If the User or beneficiary wishes to exercise this right, he/she need only contact Innovation Way, attaching a copy of his/her identity document to his/her request, at the addresses below:
Mailing Address: Innovation Way, 38 Boulevard Ney, 54 700 PONT A MOUSSON.
By e-mail: email@example.com.
ARTICLE 13 – PARTIAL NULLITY AND WAIVER
If any of the provisions of these General Terms and Conditions are cancelled or declared inapplicable, in whole or in part, the validity of the remaining provisions shall not be affected and shall thus remain in full force and effect.
The fact that Innovation Way does not avail itself of one of the provisions of these General Terms and Conditions does not in any way constitute a waiver by Innovation Way of its right to avail itself of it at a later date.
ARTICLE 14 – APPLICABLE LAW AND DISPUTE SETTLEMENT
These General Terms and Conditions shall be interpreted and governed exclusively by French law, regardless of the nationality of the User.
In the event of any dispute arising from the use of the Site and/or the use of the Innovation Way Services, the Commercial Court of Nancy shall have exclusive jurisdiction.
For any question relating to the use of the Site or Services, the User may send an e-mail to the following address: firstname.lastname@example.org or a postal mail to the address below:
Innovation Way, 38 Boulevard Ney, 54700 PONT A MOUSSON.
ARTICLE 15 – ACCEPTANCE OF THE GENERAL CONDITIONS
The use of any of the Innovation Way Services implies the express and unreserved acceptance by the User of these General Terms and Conditions.