Policy on confidentiality

Definitions

Client: any professional or natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the Site covered by these general terms.

Site: the website(s) published by DEMGY, in particular www.demgy.com, buypolymers.demgy.com and careers.demgy.com.

Services: the services that DEMGY makes available to Clients via the Site, in particular access to information about its activities, technical documentation and contact forms.

Content: all the elements making up the information present on the Site, in particular text, images and videos.

Client Information: hereinafter "Information", meaning all personal data that may be held by DEMGY for the management of your account, the management of the client relationship and for analytics and statistical purposes.

User: any internet user connecting to and using the aforementioned Site.

Personal Information: "information which allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (Article 4 of French Act No. 78-17 of 6 January 1978).

The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Presentation of the website

Pursuant to Article 6 of French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy, the identity of the various parties involved in the creation and monitoring of the Site is provided to Users:

  • Owner: SAS DEMGY – 1 RUE DES HOUSSIÈRES, 27600 SAINT AUBIN SUR GAILLON
  • Publication Manager: Corinne DEMANGE – service.marketing@demgy.com
  • Webmaster: SARL HUMANTOCOMPUTER – contact@humantocomputer.com
  • Host: OVH – 2 rue Kellermann, 59100 Roubaix, France
  • Data Protection Officer: dpo@demgy.com

2. General terms of use of the site and the services offered

The Site is a work of the mind protected by the provisions of the French Intellectual Property Code and applicable international regulations. The Client may in no way reuse, assign or exploit for its own account all or part of the elements or works of the Site.

Use of the Site implies full and unreserved acceptance of the general terms of use described below. These terms of use may be amended or supplemented at any time; Users of the Site are therefore invited to consult them regularly.

This website is normally accessible to Users at all times. An interruption for technical maintenance reasons may nevertheless be decided by DEMGY, which will endeavour to communicate the dates and times of the intervention to Users in advance. The Site is updated regularly by those responsible for it. Likewise, the legal notices may be amended at any time: they are nonetheless binding on the User, who is invited to refer to them as often as possible in order to be aware of them.

3. Description of the services provided

The purpose of the Site is to provide information concerning all of the company's activities. DEMGY strives to provide information on the Site that is as accurate as possible. However, it cannot be held liable for omissions, inaccuracies or shortcomings in updates, whether caused by itself or by third-party partners who provide it with such information.

All information given on the Site is provided for guidance only and is subject to change. Furthermore, the information appearing on the site is not exhaustive. It is given subject to any modifications made since it was put online.

4. Contractual limitations on technical data

The site uses JavaScript technology. The website cannot be held liable for material damage related to its use. In addition, the User of the site undertakes to access it using recent equipment that is free of viruses and with an up-to-date, latest-generation browser. The Site is hosted by a provider within the territory of the European Union, in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).

The objective is to provide a service that ensures the best possible availability. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for maintenance, for the improvement of its infrastructure, in the event of a failure of its infrastructure, or if the Services generate traffic deemed abnormal.

DEMGY and the host cannot be held liable in the event of a malfunction of the internet network, telephone lines, or computer and telephone equipment, related in particular to network congestion preventing access to the server.

5. Intellectual property and infringement

DEMGY owns the intellectual property rights and holds the rights of use over all elements accessible on the website, in particular text, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written authorisation of DEMGY.

Any unauthorised use of the site or of any of the elements it contains shall be deemed to constitute infringement and shall be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitations of liability

DEMGY acts as the publisher of the site. DEMGY is responsible for the quality and accuracy of the Content it publishes.

DEMGY cannot be held liable for direct or indirect damage caused to the User's equipment when accessing the Site, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

DEMGY also cannot be held liable for indirect damage (such as, for example, loss of market or loss of opportunity) resulting from the use of the Site. Interactive areas (the possibility of asking questions in the contact area) are available to Users. DEMGY reserves the right to remove, without prior notice, any content posted in this area that would contravene the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, DEMGY also reserves the right to hold the User civilly and/or criminally liable, in particular in the event of a racist, insulting, defamatory or pornographic message, whatever the medium used (text, photograph, etc.).

7. Management of personal data

The Client is informed of the regulations concerning marketing communication: French Act No. 2004-575 of 21 June 2004 on confidence in the digital economy, the French Data Protection Act (loi Informatique et Libertés) of 6 January 1978 as amended, as well as the General Data Protection Regulation (GDPR: No. 2016-679).

DEMGY participates in and complies with all the Specifications and Policies of the IAB Europe Transparency & Consent Framework. DEMGY uses Consent Management Platform No. 92. You can view the detailed and up-to-date list of our partners, the associated purposes, and change your choices at any time by clicking here.

In order to establish statistical analyses relating to the use of our site in a form that does not allow you to be identified by name, we collect data relating to your browsing on our website, such as the timestamp, your IP address and technical data relating to your equipment and browser. This data is subject to pseudonymisation and minimisation measures before processing by our analytics tool. We carry out this processing on the basis of your consent (Article 6(1)(a) GDPR and Article 82 of the French Data Protection Act), obtained via our consent management module during your visit. This consent enables us to better understand our audience in order to adapt our content, features and offers. You may withdraw your consent at any time by clicking here.

7.1 Controller for the collection of personal data

For Personal Data collected in connection with the creation of the User's personal account and their browsing on the Site, the controller of the Personal Data is: DEMGY. DEMGY is represented by PIERRE-JEAN LEDUC, its legal representative.

As the controller of the data it collects, DEMGY undertakes to comply with the framework of the legal provisions in force. In particular, it is responsible for establishing the purposes of its data processing, for providing its prospects and clients — based on the collection of their consent — with complete information on the processing of their personal data, and for maintaining a record of processing activities that reflects reality. Each time DEMGY processes Personal Data, DEMGY takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which it processes them.

7.2 Purpose of the data collected

DEMGY may process all or part of your data in order to:

  • enable browsing on the Site as well as the management and traceability of the products and services ordered by the User: connection and Site usage data, billing, order history, etc.;
  • prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed);
  • improve browsing on the Site: connection and usage data;
  • conduct optional satisfaction surveys: email address;
  • handle your requests and provide you with the content you have requested (white papers, case studies, technical documentation): surname, first name, position, company, email address, telephone number;
  • run communication campaigns (SMS, email): telephone number, email address.

Management of the commercial relationship and prospecting (CRM)

DEMGY uses a Customer Relationship Management (CRM) tool to manage its relationships with its clients, prospects and Site visitors. In this context, we process:

  • your identification and contact data (surname, first name, position, company, professional email address, telephone number);
  • the history of our exchanges (messages, appointments, contacts at trade shows, requests);
  • your interactions with our emails and content (opens, clicks, documents downloaded, pages viewed after your consent to cookies);
  • information about your company obtained from public sources and professional data providers (sector of activity, size, location).

This processing is based on the following legal bases:

  • Consent (Article 6(1)(a) GDPR) for sending marketing emails and technical documentation. You may withdraw your consent at any time via the unsubscribe link at the bottom of each email or via your communication preferences.
  • Legitimate interest (Article 6(1)(f) GDPR) for managing our commercial relationships and following up on exchanges with our contacts within companies. You may object to this processing at any time.

Processors and data transfers

For the management of this data, DEMGY uses the HubSpot platform (HubSpot Inc., Cambridge, United States / HubSpot Ireland Ltd.). The data is hosted within the European Union. Any transfers to the United States are governed by the European Commission's Standard Contractual Clauses and by the EU-US Data Privacy Framework.

DEMGY does not sell your personal data, which is used solely out of necessity or for statistical and analytical purposes.

Retention periods

  • Clients: duration of the contractual relationship, plus three years;
  • Prospects with no contractual relationship: three years from your last contact;
  • Proof of consent: three years from the collection of consent.

7.3 Right of access, rectification and objection

In accordance with the European regulations in force, Users of the Site have the following rights:

  • right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of their data, right to block or erase their personal data (Article 17 GDPR) where it is inaccurate, incomplete, ambiguous or out of date, or where its collection, use, communication or storage is prohibited;
  • right to withdraw their consent at any time (Article 7(3) GDPR);
  • right to restriction of the processing of their data (Article 18 GDPR);
  • right to object to the processing of their data (Article 21 GDPR);
  • right to the portability of the data they have provided, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR);
  • right to determine the fate of their data after their death and to choose whether or not DEMGY must communicate their data to a third party they have previously designated.

As soon as DEMGY becomes aware of the death of a User and in the absence of instructions from them, DEMGY undertakes to destroy their data, unless retention proves necessary for evidentiary purposes or to comply with a legal obligation.

If the User wishes to know how DEMGY uses their Personal Data, to request its rectification or to object to its processing, they may contact DEMGY in writing at the following address:

DEMGY – Data Protection Officer, 1 RUE DES HOUSSIÈRES, 27600 SAINT AUBIN SUR GAILLON, France – dpo@demgy.com

In this case, the User must indicate the Personal Data that they would like DEMGY to correct, update or delete, identifying themselves precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on DEMGY by law, in particular with regard to the retention or archiving of documents. Finally, Users of the Site may lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes), as well as with the competent supervisory authority of their country of residence.

7.4 Non-disclosure of personal data

Beyond the transfers mentioned in point 7.2, DEMGY refrains from processing, hosting or transferring the Information collected on its Clients to a country located outside the European Union or recognised as "inadequate" by the European Commission without first informing the client. However, DEMGY remains free to choose its technical and commercial processors, provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

DEMGY undertakes to take all necessary precautions to preserve the security of the Information, and in particular to ensure that it is not disclosed to unauthorised persons. However, if an incident affecting the integrity or confidentiality of the Client's Information comes to the attention of DEMGY, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, DEMGY does not collect any "sensitive data".

The User's Personal Data may be processed by subsidiaries of DEMGY and by processors (service providers), exclusively in order to fulfil the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes set out above, the main persons likely to have access to the data of Users of the Site are the staff of our client, sales and marketing departments.

7.5 Types of data collected

Concerning Users of the Site, we collect the following data, which is essential for the operation of the service: surname, first name, postal address, position within the company or organisation, email address, telephone number.

DEMGY also collects information that makes it possible to improve the user experience and to offer contextualised advice: project qualification.

The retention periods for this data are those indicated in point 7.2.

8. Incident notification

Whatever efforts are made, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we became aware of a security breach, we would notify the affected users so that they could take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at national or European level. We undertake to fully inform our clients of all matters relating to the security of their account and to provide them with all the information necessary to help them comply with their own regulatory reporting obligations.

No personal information of the User of the Site is published without their knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothetical acquisition of DEMGY and its rights would allow the transmission of the said information to the potential acquirer, who would in turn be bound by the same obligation to retain and modify the data with regard to the User of the Site.

Security

To ensure the security and confidentiality of Personal Data, DEMGY uses networks protected by standard measures such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, DEMGY takes all reasonable measures to protect it against loss, misuse, unauthorised access, disclosure, alteration or destruction.

9. Hyperlinks, "cookies" and internet tags

The Site contains a number of hyperlinks to other sites, set up with the authorisation of DEMGY. However, DEMGY is not able to verify the content of the sites thus visited and will therefore accept no liability in this respect.

Cookies and trackers that are not strictly necessary for the operation of the Site are only placed after obtaining your consent, via our consent management module. You may accept, refuse or modify your choices at any time and free of charge, bearing in mind that refusing certain cookies may reduce or prevent access to all or part of the Services offered by the Site.

9.1 "Cookies"

A "cookie" is a small information file sent to the User's browser and saved within the User's terminal (e.g. computer, smartphone), hereinafter "Cookies". This file includes information such as the User's domain name, their internet service provider, their operating system, as well as the date and time of access. Cookies can in no way damage the User's terminal.

DEMGY may process the User's information concerning their visit to the Site, such as the pages viewed and the searches carried out. This information enables DEMGY to improve the content of the Site and the User's navigation.

As Cookies facilitate navigation and/or the provision of the services offered by the Site, the User may configure their browser to decide whether or not to accept them, so that Cookies are saved in the terminal or, on the contrary, rejected, either systematically or according to their sender. The User may also configure their browsing software so that the acceptance or refusal of Cookies is proposed to them on a case-by-case basis, before a Cookie is likely to be saved in their terminal. DEMGY informs the User that, in this case, not all the functionalities of their browsing software may be available.

If the User refuses the saving of Cookies in their terminal or browser, or if they delete those that are saved there, they are informed that their navigation and experience on the Site may be limited. This could also be the case where DEMGY or one of its providers cannot recognise, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings, or the country from which the terminal appears to be connected to the Internet.

Where applicable, DEMGY accepts no liability for the consequences related to the degraded operation of the Site and the services possibly offered by DEMGY, resulting from (i) the User's refusal of Cookies, or (ii) the impossibility for DEMGY to save or consult the Cookies necessary for their operation due to the User's choice. For the management of Cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will make it possible to know how the User can modify their wishes regarding Cookies.

At any time, the User may choose to express and modify their wishes regarding Cookies. DEMGY may also call on the services of external providers to help it collect and process the information described in this section.

The detailed and up-to-date list of partners likely to place cookies or trackers on the Site, along with the associated purposes, is accessible at any time via our consent management module, by clicking here. These partners fall in particular into the following categories: audience measurement, mapping, video playback, online advertising, social media and customer relationship management. Some of these partners adhere to the IAB Europe Transparency & Consent Framework (TCF).

9.2 Internet tags

DEMGY may occasionally use internet tags (also called "tags", action tags, single-pixel GIFs, transparent GIFs, invisible GIFs or one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.

These tags are placed both in online advertisements that allow internet users to access the Site, and on the various pages of the Site.

This technology enables DEMGY to assess the responses of visitors to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the User's use of the Site.

The external provider may collect information about visitors to the Site and to other websites through these tags, produce reports on the activity of the Site for DEMGY, and provide other services relating to the use of the Site and of the Internet.

9.3 Tracking pixels in our emails

Our email communications (commercial information, documentation, invitations) may contain a tracking pixel: a very small, generally invisible image embedded in the body of the message. When the email is opened, this pixel allows us to know whether the message has been opened, at what time and, where applicable, on what type of device.

We use this technology for two purposes:

  • a purpose that is strictly necessary for the proper deliverability of our emails (checking that our messages are correctly delivered and maintaining the quality of our mailing lists);
  • a marketing measurement purpose (assessing the performance of our campaigns and adapting the relevance of our communications).

In accordance with Article 82 of the French Data Protection Act, the use of the pixel for marketing measurement purposes is based on your prior consent. The deliverability purpose, being strictly necessary, is exempt from this.

You may freely accept or refuse the use of these pixels for marketing measurement purposes, independently of your subscription to our communications, and change your choice at any time. A dedicated link, distinct from the unsubscribe link, is provided at the bottom of each of our emails for this purpose. You may also exercise this choice by contacting our Data Protection Officer at dpo@demgy.com.

These pixels are implemented via our HubSpot customer relationship management tool, under the processing and transfer conditions described in point 7.2.

10. Applicable law and jurisdiction

Any dispute relating to the use of the Site is subject to French law. Except in cases where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Évreux, France.