General Terms and Conditions of Use
traceparts.com (hereinafter the “Website”) is a professional portal dedicated to the computer aided design (CAD) field, featuring a wealth of technical and commercial resources for engineers, designers, draftsmen, technicians and buyers in every branch of industry as well as for educational technology centers.
By logging into the Website, users (hereinafter “Users”) indicate their automatic and unconditional acceptance of the standard terms and conditions of use set forth below.
1. Legal disclaimers
The Website is published and maintained by TraceParts S.A.S., a privately held company with a capital of €290,000 registered with Le Havre Trade and Companies Register (RCS) under number B 433 949 625 and whose head office is located at: ZAC du Parc Technologique Régional 76430 Saint Romain de Colbosc – France. Telephone: +33(0)232 794 426.
VAT identification number: FR53433949625 – SIRET: 433 949 625 000 19 – APE: 6201Z.
The editorial director is Gabriel Guigue, TraceParts Managing Director.
The Website is hosted in Europe by SFR, whose head office is located at: 1 Square Bela Bartok, 750215 Paris and by Amazon Web Services LCC whose head office is located at PO Box 81226, Seattle WA 98108-1226.
2. Access conditions to services
Website services are accessible at no charge to any User with Internet access. However,TraceParts reserves the right to complete, change, or erase all the contents, graphics, programs, products or data for necessary maintenance or any other reason, without this interruption of service subjecting TraceParts to any obligation to compensate for it.
The use of the Website includes uploading or downloading of data, information, or programs, and other use of the data, programs, software, products and services from TraceParts or its affiliated partners.
Use and limit of use
The commercial utilization of this Website is specifically prohibited in terms of:
- Duplication, utilization, distribution, or other use of data, programs, software, products, and services
- Increase of traffic on the user website (e.g. sale of advertisements
- Utilization of the TraceParts logo on a web site that’s liable for costs
3. Trademarks rights
The copyrights of this Website exclusively remain with TraceParts.
“TraceParts” and “TraceParts Product Content Everywhere” are trademarks of TraceParts S.A.S. The same applies for other TraceParts products, services, slogans, or logos. Also, all other product or company names mentioned inside this Website may be trademarks of their respective owners.
By using the Website, there is no assignment of licensing -or any other rights of TraceParts such as trademarks, copyrights, or other intellectual property, for the User.
It is therefore appropriate that any information on the Website cannot be used, downloaded, copied or printed without the prior agreement of TraceParts.
The reproduction of custom names, trade names, product names, and so on, within the TraceParts Website is only for the purpose of identification, and does not entitle to the assumption, that such names in terms of trademark protection rights are regarded as free and could be used by everyone.
4. Limitation of Liability
TraceParts is only liable:
- if TraceParts violated a substantial contract obligation
- or if the damage is due to the intention or gross negligence of TraceParts.
If TraceParts is liable due to culpable violation of a substantial contract obligation, without the presence of intent or gross negligence, then the range of the payment of damages is limited to the contract-typical foreseeable damage. Furthermore, TraceParts is not liable for loss of profit, indirect damage, or consequential damages.
Links to third parties websites
TraceParts provides links to websites operated by other parties as a convenience to the User. However, TraceParts does not monitor nor control the content and assumes no responsibility or liability of any kind for any material or communications available at such websites.
Content provided by Users
The comments and files provided by Users are proposed for information purposes only and for the convenience of other Users.
As with all Data on the Website, TraceParts shall in no way be liable for any such comments and files. Users may use the comments and files provided by other users only for viewing and downloading, but may not use such comments and files to create catalogs or websites in competition with this Website.
Users are authorized to copy and download such files, provided that they reproduce all copyright and other legal notices as included on the original Data or copies of the Data.
TraceParts services and warranty
Although TraceParts agrees to provide the best performance in order to offer Users a reliable Website and services, Users must be aware that the security of data on the Internet cannot be fully warranted.
Services are therefore provided on an “as is” basis, and insofar as site availability cannot be guaranteed at all times due to the technical conditions specific to the Internet, TraceParts shall not be held liable for any unforeseen events where the causes were beyond its reasonable control.
The Data published on the Website come from a large number of Part Vendors and standards in a wide range of industries. The said Part Vendors and standards are identified in relation to the Data for which they are solely responsible. By using the Website, Users acknowledge that:
- (i) TraceParts cannot warrant the accuracy, integrity or quality of the Data or that the said Data are free of any viruses or harmful code. All data published on the Website conform
solely to the original source data provided by the Part Vendors and standards.
- (ii) Users are responsible for assessing and assuming the risks associated with the use of any Data, including any reliability relating to the accuracy, entirety or fitness of the
- (iii) TraceParts shall in no way be held liable for, without limitation, errors or omissions in the Data, or for any loss or damage arising from the use of any Data, including damage
caused by viruses or harmful code.
- (iv) TraceParts shall in no way be held liable for any direct or incidental damages caused to Users or a third party in respect of, for information only and without limitation, loss
of profits, expenses, loss of data, loss of software packages, damaged or lost hardware sustained by Users or a third party, including the costs incurred in recovering,
reproducing or repairing such losses or damage.
5. Use of Services and Users responsibilities
The User must comply with the applicable legal and regulatory provisions. The user is obliged to only use the website for the specified purposes and to particularly mind the safety instructions of the web site, this includes no unauthorized infiltration of the databases (e.g. no cracking or hacking etc).
Furthermore, the User will not impinge on the rights of third parties, especially privacy and intellectual property.
Limitations of use
All news, data and information published on the Website are the property of TraceParts and/or third parties. Such information may not be disclosed without prior consent, irrespective of whether in hard copy or electronic form.
Users may only use the Data for the purposes of computer-aided design or viewing data. Unless Users have received prior written consent from TraceParts, they may not: i) distribute the Data as part of an external service, or ii) copy or post the Data on a website, or iii) distribute the Data on any storage medium whatsoever, or iv) use the Data with the aim of competing with the Website service.
In particular, Users agree to not use the Website service to:
- 1. Download, publish or transmit in any manner whatsoever data or content that is unlawful, harmful, threatening, abusive, harassing, criminal, defamatory, vulgar, obscene, privacy-invasive, odious or reprehensible on racial, ethical or other grounds.
- 2. Harm minors in any way whatsoever.
- 3. Impersonate another person or entity, or submit misleading or false declarations concerning the Supplier’s affiliation with a person or entity.
- 4. Falsify the headers or manipulate the identifiers in any other way for the purpose of concealing the origin of any Data sent via the service.
- 5. Download, publish or transmit in any manner whatsoever any content infringing any patent, registered trademark, trade secret, copyright or other exclusive rights of any party.
- 6. Download, publish or transmit in any manner whatsoever any form of unsolicited or unauthorized advertising, promotional materials, unwelcome publicity, unwanted mail or any other form of solicitation.
- 7. Download, publish or transmit in any manner whatsoever any material containing computer viruses or any other code, file or computer program designed to interrupt, destroy or restrict the normal use of any software, computer hardware or telecommunications devices.
- 8. Impede or interrupt the Website service or the servers or networks connected to the Website service, or violate any conditions, procedures, policies or regulations governing the networks associated with the Website service.
- 9. Harass another user in any manner whatsoever.
- 10. Compile or store personal data about other users.
- 11. Use the Site as a storage location for remote loading purposes or as a gateway to another homepage within or outside the Website.
TraceParts makes its best to keep high quality Content. However, feedback, comments, replies, references, miscellaneous material and data available via the services reflect the views only of his author.
Under no circumstances, this content is endorsed by TraceParts.
Besides, all this information is rated as non-confidential unless the User said so.
The user is obliged, to inform TraceParts immediately of any abuse of the usage rights.
Personal data means any information that may result in the identification of an individual. Non-Personal data means any information that does not result in the identification on an individual.
Registration and personal data
The User is not obliged to register on the Website, unless he wants to access to all services at any time.
To this end, he undertakes to provide complete, truthful and accurate information on his identity, position and company, that he should update if necessary.
In order to facilitate and validate the registration of the User, TraceParts will send him a password giving access to all services.
Each user account must be used only by the person who has registered with his name and his email address. None other user is authorized to use a user account which is not his.
TraceParts undertakes automated processing of the Users’ Personal Data in accordance with the EU GDPR.
The User provides personal information on a voluntary basis. It can include:
- Reference Data: which are provided directly by the User:
– Personal information
Last name, surname, email address
– Professional information
Position, service, sector, number of employees, company address, CAD system
This information is collected to help TraceParts to tailor its Website, to enhance its solutions and to communicate with the User.
- Automatic Data: the moment the user visits the Website, TraceParts received information such as IP address, emails delivery receipts and read receipts, connexions, email address, password, computer, local time zone, operating system, page views
- Data gathered from the User interactions with the Website: when searching for products, saving or commenting models, the User generates data, collected by TraceParts.
- Any other Data as may be relevant for the purposes listed below.
The Users’ Personal Data collected by TraceParts comes from:
- Voluntary registration of an email address for receiving newsletters
- Entering Personal data during the registration on the Platform
- Data provided by navigation via cookies
Purposes of personal data collection
Personal Data is generally collected to carry out the business of TraceParts, such as improving marketing and advertising efforts, better tailoring Website’s features and services and, better meeting customers’ needs and complying with reporting requirements.
Personal data can be used to:
- Enable the User to request information
- Allow the User to open and maintain an account
Besides, by providing his email address, the User authorises TraceParts to send him messages for commercial or marketing purpose (such as newsletters), but also for administrative purpose.
Cookies are small pieces of information or text that are issued to the User’s computer when he visits a website and are used to store or track information about his use of the site.
- Enabling a service to recognize user’s device so he does not have to give the same information several times during one task
- Recognizing that user may already have given information in a form so he does not need to do it for every form
- Measuring how many people are using services, so they can be made easier to use and there’s enough capacity to ensure they are fast
- Analyzing data to help TraceParts understand how people interact with the website so TraceParts can improve it
TraceParts uses two types of cookies: permanent cookies and temporary cookies. Temporary cookies exist only during the User session and expire when the User logs off from the platform whereas permanent cookies are files that stay in order to be used during subsequent visits
TraceParts uses different types of cookies:
- Session cookies: whom determine whether the User has visited the Website before and hence without requiring his user name and password once again
- Statistics cookies: whom analyse data to help TraceParts understand how people interact with services so the Company can make them better and whom Measure the number of people using the Website
TraceParts uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”) who helps the Company analyse how Users use the site (as mentioned above).
The information generated by the cookie about the interactions of the User with the Website (including his IP address) will be transmitted to and stored by Google on servers in the United States.
Google will use this information for the purpose of evaluating the use of the Website, compiling reports on website activity for TraceParts and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. If so, Google will not associate the User’s IP address with any other data held by Google.
Acceptance of cookies
By continuing to use the site in consideration of the above, the User expressly authorizes TraceParts to use such cookies.
The User can also configure his browser software to refuse all cookies; if he does so, some areas and features of the site may not function properly and/or User may not access some parts or services of the site.
INFOnline Web Data Protection Declaration
TraceParts web pages use the measurement procedure provided by INFOnline GmbH to measure statistical parameters relating to the use of our site. The reason for collecting these user metrics is to statistically measure the number of visits to our website, the number of visitors and their surfing behaviour using a standardised procedure to allow values to be collected that are comparable across the market.
Follow this link to read the extensive Terms & Conditions about INFOnline Web Data Protection Declaration.
Personal data processing and storage term
Processing of Personal Data includes using, storing, recording, transferring, adapting, summarizing, amending, reporting, sharing and destroying Personal Data as necessary under the circumstances or as otherwise required by law.
All Personal Data that will have been collected by TraceParts will be stored for the entire duration of the contractual relationship, starting with the creation of a User account. Data will be then kept for archival purposes.
Right of access and rectification of the data
Users have the right to access, amend, correct and delete personal data held about them. Users may exercise this right at any time by contacting:
- TraceParts S.A.S.
Data Protection Officer (DPO)
Parc Eco Normandie – 76430 Saint Romain – France.
- By e-mail: firstname.lastname@example.org
- Via http://info.traceparts.com/about-traceparts/your-feedback/
The request must be accompanied with a copy of a valid identity document and will be processed within two months of receipt.
Users are recalled that unreasonable request may be punished by law.
In certain cases, the User may exercise his rights directly:
- Via his account
- By preventing cookies from being saved on his computer
Data security and recipients
TraceParts undertakes to ensure the protection and security of Personal Data that the User chooses to communicate, in order to ensure the confidentiality of his Personal Data and prevent them from being distorted, damaged, destroyed or disclosed to unauthorized parties.
TraceParts maintains reasonable physical, electronic, and procedural safeguards to protect Personal Data from loss, misuse and unauthorized access, disclosure, modification, and destruction.
However, while TraceParts tries to protect Users’ Personal Data, in light of the inevitable risks of data transmission over the Internet, the Company cannot guarantee full protection against any error occurring during the course of Personal Data transmission that is beyond its reasonable control.
Since Personal Data may be confidential, access is limited to employees and contractors, of TraceParts who have a need to know such data in carrying out their tasks. All the people who have access to Personal Data are bound by a duty of confidentiality and subject to disciplinary actions and/or other sanctions if they fail to meet these obligations.
The User is responsible for the confidentiality of his password and information appearing on his account.
Transfer of data
TraceParts may disclose information to third parties such as:
- Partner companies: companies not controlled by TraceParts but with whom it collaborates closely
- Promotions: TraceParts may send offers from other companies to selected Users. In such cases, TraceParts will not release any identifiable personal information.
If the User does not wish to receive such offers, he can modify his profile accordingly
TraceParts may disclose Personal Data to third parties if it considers that such disclosure is necessary for technical reasons (such as hosting services by a third party) or to protect the Company’s legal interests.
TraceParts may also disclose such personal information if required by law or if it believes in good faith that such disclosure is reasonably necessary to comply with legal process, or protect the rights, property, or personal safety of TraceParts, its customers, or the public.
These transfers may be transmitted by any method that TraceParts considers appropriate and in accordance with applicable law.
Furthermore, TraceParts can share via TraceParts Analytics Personal Data with Part Vendor whose content is consulted by Users. Indeed, all actions carried out on the objects in the Website are stored in the database and allow an analysis or various uses to be published as statistics.
It allows the Part Vendors to see trends in real time from their Part Vendor page or see the full reporting with various reports, and giving them access to Users for their commercial follow-up. Therefore, by accessing such content, the User consents to TraceParts sending his Personal Data to Part Vendors and acknowledges that this Data will be processed by them in accordance with their own privacy policies.
Links to third party websites and social medias
TraceParts provides links to websites operated by other parties as a convenience to the User. However, TraceParts does not monitor nor control their content and assumes no responsibility or liability of any kind concerning their protection of Personal Data.
The User can share a link to TraceParts Website on social networks such as “Google +”, “Youtube”, “Facebook”, “Twitter”, “LinkedIn”, “Pinterest” or “Tumbler”, via sharing buttons. By clicking on these sharing buttons, a link is established to the personal profile of the User, at his own risk.
7. Suppression or deactivation right of User’s access
TraceParts may, in its sole discretion and without prior notice, remove or disable the User’s access to the Website if it is made aware of data that may be : (i) libellous, obscene, excessively violent, scandalous, defamatory, or that TraceParts determines to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the Acceptable Use Policy set forth herein.
The User agrees that any notification made under the present General Terms and Conditions of Use should be submitted by non-coded emails. This is of particular relevance for emails containing confidential data on the User.
The User is advised that his Personal Data can be used by TraceParts or partners for purposes of commercial prospection or of creation of yearbook.
TraceParts reserves the right to modify the terms and conditions of this contract at any time. Therefore, the User is advised to regularly consult the latest version of this Policy.
10. Applicable law and jurisdictions
These Terms and Conditions comply with French Law.
Assignment of jurisdiction in case of dispute and failing to resolve it in good faith between the parties, shall be to the competent law courts of Le Havre (France).
Last update: May 17, 2018