CARL Software: User Club and Support Center
CarlSoftware

LEGAL NOTICE AND TERMS OF USE

Terms of Use

The site “support.carl-software.com” is published by CARL INTERNATIONAL, a French company registered in Lyon under the number B 384 841 251 with its registered office located at 361 Allée des Noisetiers, 69670 Limonest, FRANCE

Director of the publication: Pierre-Marie LEHUCHER.
Design/realisation: CARL INTERNATIONAL.
Hosting: CARL INTERNATIONAL - France.

Definitions :

  • CARL Support Site: the site accessible at the address support.carl-software.com.
  • Client: this term designates the entity which has subscribed a user licence with CARL International for the CARL Software solutions and/or their associated services (support, updates, hosting, services).
  • User: this term designates any person indicated by the Client who uses the site or one of the services offered by the site.
  • User Content: this is the data and files transmitted on the site by the User.
  • Identifier and Password: this is the information necessary to identify a User on the site. The identifier and the password allow the User to access specific content. The password is confidential.

Access to the CARL Software Support Site

Access to the CARL Software Support Site is reserved exclusively to the Client and its Users.
The CARL Support Site particularly gives access to the following services:

  • Information concerning the solutions and the services of CARL Software
  • Management of the account of the Client and its Users: identifiers and passwords, invoices and contracts.
  • Contact form
  • Assistance with the use of the CARL Software solutions: Tickets, monitoring
  • Storage and sharing of documents connected with Tickets and the performance of projects to implement the solutions
  • Downloading of corrective patches and minor updates
  • News and events organised by CARL International

The site and its various services may be interrupted or suspended by the Publisher, particularly in connection with maintenance, and without the obligation to provide advance notice or justification.

Upon creating the Client account, CARL International will send to the Client an identifier and a password for the User that the Client has designated as the “administrator.” The “administrator” User is responsible for creating, updating and deleting all of the accounts that he/she manages for the Users and which he/she shall define under his/her own responsibility.

Each User is responsible for the use of the access code and the password. In the event that his/her identifiers are changed, lost or stolen, the User must follow the instructions available via the icon ? to the right of the “Identifier” label and inform CARL Software of this as soon as possible, which shall then cancel the identifier upon receipt of the notification and shall confirm the User of this. The access to the Support Site shall terminate automatically upon the expiration of the Client's use of the Carl Software Solutions, for whatever reason.

Availability of the CARL Support Site

The Client may use the CARL Support Site 23 hours per day and 7 days per week. The average availability rate is 95%. By express agreement, it is however specified that CARL International reserves the right to make the Support Site unavailable for 8 consecutive hours in order to undertake technical maintenance works and/or in the case of force majeure.

In the current technical situation, CARL International cannot guarantee that the use of the Support Site will be without interruption or without errors. Finally, because of the characteristics and the limits of the internet, CARL International may not be held responsible for, in particular, difficulties in accessing the Support Site because the networks are saturated at certain times, the technical performance of the internet, the type of information accessible or inaccessible on this network, the contamination of the data by viruses and/or software of the Client which the Client is responsible for protecting, malicious intrusions by third parties on Carl's site despite the reasonable security measures put in place by CARL International, the damage that may be suffered by the equipment connected to the server, with this equipment being entirely the responsibility of the Client, or the possible misuse of passwords and confidential codes.

Client Files - Liability

The Carl Support Site allows the User to document his/her Tickets and in this context, to import and download files (photos, videos, documents, etc.) and to share them with CARL International or to deposit them on the storage space reserved for the Client on the Carl Support Site. The User must use this facility in compliance with laws and regulations. Consequently, the User is strictly prohibited to use the storage space provided to him/her in order to store files, regardless of their form, when their content may violate any applicable law and regulations (particularly concerning intellectual property, etc.). In this connection, CARL International possesses all rights of recourse against the Client, which is responsible for the actions of all of its Users.

The User shall remain the sole owner of the data and the files that he/she stores on and/or transfers to the Service for sharing and storing private documents. All of the publications and modifications of files in this storage space are recorded with the full name of the User who carried out the action and the date of the event. The User shall refrain from transferring, storing, copying or sharing data for which it does not possess all of the rights or in the absence of authorisation by the successors of the rights holders.

The use of the CARL Support Site for any purposes other than for assistance with using the CARL Software solutions or any unreasonable use (a rate of use that is clearly excessive for one User, for example) is strictly prohibited.

The space for sharing and storing private documents is not a backup space and the duration for storing the files of each User may not exceed 45 days after the end of the processing for which the files were transmitted, namely after closing the Ticket or following the associated service (recovery of data, migration, specific test, design of the solution). After this period, the User must remove or delete the files from this space. CARL International reserves the right to delete these files after this period, after having informed the Client in advance.

In connection with the files deposited by the User, CARL International, if it has the capacity of processor within the meaning of the Regulation, guarantees that it will implement the appropriate technical and organisational measures to prevent access or fraudulent use of the personal data of any User of the Carl Support Site.

It is expressly agreed in this regard that CARL International:

  • may only process personal data for the purposes of performing the services of the Support Site, to the exclusion of any other purpose;
  • must ensure that the persons authorised to process the data undertake to respect the confidentiality or are subject to an appropriate legal obligation;
  • must take the security measures required in application of the Regulation;

Any violation of the personal data will be subject to notification by CARL International by any means as soon as possible pursuant to Articles 32 and 33 of European Regulation 2016/679.

Security and Confidentiality

CARL International undertakes to take all of the measures necessary in accordance with professional and technical best practices in order to protect the security of the Client's files and data which are stored by the Client by means of the Carl Support Site.

However, these security measures shall not release the Client from possessing the necessary software for its Users (particularly an antivirus) and from undertaking the analysis and processing of its data on a regular basis. This software must be updated to the latest versions available.

The transfers of files between the applications and the servers of CARL International are secured by using SSL (Secure Sockets Layer) encryption. The files uploaded by means of the sharing and storage service for private documents are stored on a local isolated virtual server (DMZ) located in a space protected by a firewall and an antivirus.

CARL International undertakes not to use the User's and the Client's data outside of the ability to duplicate the contents of the storage space in order to guarantee the redundancy and/or the backup of the Service in the event of a possible interruption.

Personal Data

The nominative information that is collected is essential for CARL International to be able to implement and manage the Service. The Users expressly authorise CARL International to process the data concerning them in computer memory in accordance with the French Data Protection Act of 6 January 1978 in its version in force as of 28 May 2018, in accordance with the General Data Protection Regulation (GDPR).

For all of its services, CARL International is subject to an obligation of means. CARL International may not be held responsible for the inappropriateness of the services it provides with regard to the particular objectives that the Client may envision or seek.

The information in connection with the CARL Support Site may not be reproduced, copied, sold or used for a commercial purpose, in any manner whatsoever, particularly in connection with an internet site or by any other means. Any use that is not authorised shall be subject to court prosecution.

The personal data recorded on the Support Site contain your full name, fixed (work) telephone number, portable(work) telephone number, fax, (work) e-mail, (work) postal address, your department and your title. We inform you that these data are subject to data processing by CARL International and shall only be used in order to perform your request, with the goal of informing you of certain current events and for the purpose of commercial prospecting by CARL International and Berger-Levrault, of which it is a subsidiary. The data in the active prospecting data base are retained for three years following the end of the commercial relationship or the last contact. The data necessary to observe a legal obligation are retained for a duration that does not exceed the period necessary for this obligation. The data collected are reserved for use by authorised persons within CARL International and Berger-Levrault and its subsidiaries, who alone may access your data for strictly internal purposes.

Information such as “electronic address, IP connection address” shall be retained by the Partner for the entire duration of the contractual relationship and until twelve months following the expiration or the termination of the contractual relationship. After this period, CARL International shall not retain any trace of the files and the data and shall erase the User's account.

In accordance with French and European regulations in force concerning the processing and the protection of personal data and in particular the European Regulation 2016/679 of 27 April 2016, the User possesses a right of access, rectification, portability and a right to object with regard to the information concerning him/her. In order to exercise the rights set out above, the USER must write to the following address: informatique-et-libertes@carl.eu or by post to: CARL International, Informatique et libertés, 361 Allée des Noisetiers, 69760 Limonest, accompanied by a copy of a valid identification document.

All information concerning the User and the searches that the User carries out on the Carl Support Site may only be used by CARL International for the purposes of improving its services and are not in any case disclosed to third parties. Consequently, the User agrees that the use that he/she makes of the Client Space shall be measured, so that CARL International may propose to him/her any information that is useful in connection with his/her use of the CARL International solutions. This information is retained for 1 year and is automatically deleted after this period. CARL International uses cookies solely in order to store the identification of the Client and the User and to manage their language. It is possible at any time to delete the cookie by means of the function “Manage my connection” from the “ACCOUNT MANAGEMENT” menu.

General Provisions

These Terms of Use are subject to French law. In the event of force majeure, the obligations of the Agreement shall be suspended for the duration of the force majeure. It is expressly agreed that cases of force majeure are solely those that are habitually recognised as such by the case law of French courts. Particularly in the case of an outage or congestion on the internet itself or on the network of the User’s internet access provider.

The parties agree that CARL International may automatically modify these terms and conditions with no other formality than informing the User by an online notice on the Carl Support Site or by sending an e-mail. The online terms and conditions prevail over the printed terms and conditions.

Any dispute relating to the performance of the services proposed by the Carl Support Site or the interpretation of these Terms of Use shall be submitted to the Courts of Lyon.

Updated on : 24/10/2019