Entry into force : 25 May 2018
Update : 01/01/2020
Welcome to www.cmdgears.com (the “Website”) ! The Terms and Conditions of Use (“T&C”) are designed to govern your use of the Site. They determine the obligations of the Website’s Publisher (hereinafter “CMD Gears”) and the Visitor.
If you have any queries regarding your use of the Website, you may contact us by clicking on the following link: Contact us or by writing to us by email at: email@example.com.
We may at any time be required to modify the content and information included in this Website as well as these T&C, in particular in order to comply with any new legislation and/or regulations applicable and/or to improve the Website.
Company name: CMD Gear
Société par action with a capital of 10.000.000€.
Head office: 539 avenue du Cateau
59400 CAMBRAI – France
Trade Register: RCS Douai B 775 708 225
Publication’s Director: Mrs Marthe PRUNIER, Directrice Générale CMD.
Telephone: +33 (0) 3 27 73 53 11
Easy-Hebergement (Easy-Hebergement is an activity of SWIIPTEL SAS)
Company name: SWIIPTEL SAS
Registered office: 10 Rue des Frères Peugeot
31130 BALMA – France
Telephone: 0 800 942 838
Article 1 – Access to the Site
You can access the Website freely and free of charge, without registering or creating an account beforehand.
Article 2 – Intellectual property
The Website is owned and published by the company CMD Gears and hosted by the company Easy-Hébergement. All elements of this Website (text, photography, illustrations, logos, files available for download, database on the Website, video or sound clips, graphic design, general structure of the Website etc. …) are CMD Gears’ exclusive property.
These elements are protected by French laws and international texts relating to the respect of copyrights.
Any reproduction or representation in whole or in part of this Website by any means whatsoever, without CMD Gears’ permission, is prohibited and would constitute an infringement punishable by articles L.335-2 and following of the French Intellectual Property Code. CMD Gears reserves the right to prosecute any act of infringement of its intellectual property rights, including criminal action.
Any user wishing to obtain permission to use one or more elements available on the Website must first apply in writing to the Director of Publication. If the total or partial reproduction of this content is authorised, it must be accompanied by the name of the author, the source and, where appropriate, a link to the original document online on the Website.
Any reproduction, representation, modification, publication, transmission, denaturation, total or partial of the Website or its contents, by any process whatsoever, and on any medium whatsoever is prohibited.
The presentation of one of the pages of the Website www.cmdgears.com in a web page that does not belong to it (framing) is prohibited.
The Visitor may be held liable for any use of the site or its content, as well as the information disclosed therein, that is not expressly authorised by law.
Article 3 – Information appearing on the site
CMD Gears provides information for informational purposes only. We remind you that inaccuracies or omissions may appear in the information available on the Website, particularly due to third parties. However, we make every effort to check the accuracy of the information and to keep it up to date. However, no guarantee is made concerning the accuracy, precision, updating or completeness of this information.
Therefore, with the exception of gross negligence and wilful misconduct, CMD Gears disclaims all liability for any damage resulting from inaccuracies or inaccuracies in the information available on this Website, or for any damage resulting from fraudulent intrusion by a third party on this Website, or for any damage or viruses that may damage or render unusable your computer equipment as a result of visiting this Website.
CMD Gears will not be liable if the Website is unavailable for any reason whatsoever.
CMD Gears reserves the right to change the content of www.cmdgears.com at any time without notice. CMD Gears will not be liable for the consequences of such changes.
The information on this Website is made available to Visitors for information purposes only and is not contractual in nature. The pages of this Website have been developed with a great concern for quality.
Article 4 – Weblinks
CMD Gears’ Website authorizes the establishment by external sites of a hypertext link pointing to our content, subject to :
– Do not use the technique of deep linking, i.e. the pages of the Website www.cmdgears.com must not be nested within the pages of another site (use of frames, for example), but accessible by opening a window;
– Mention in a text link the targeted content;
– Do not damage the image of CMD Gears and;
– Have obtained prior written permission from CMD Gears before any scoring.
This permission does not apply to websites that disseminate information of a pornographic, controversial, homophobic, xenophobic or, to a greater extent, may affect the sensitivity of many.
In addition, in order to facilitate access to other sites, CMD Gears has also inserted a number of hyperlinks pointing to third party sites. However, CMD Gears has no control over the content of third-party sites and cannot be held responsible for their content:
– The unavailability of third-party sites;
– For the content of those sites;
– The possible processing or collection of personal data;
– The installation of cookies;
– External intrusion or the presence of computer viruses;
– Or other elements available on these sites.
We cannot therefore be held liable for any third-party Website to which you may have had access. As soon as we include a hypertext link pointing to another Site, we take care to indicate the source of the hypertext link.
Article 5 – Use of the Website and Disclaimer
This Website is a presentation Website that aims to provide institutional and commercial information about the company and its sister companies. CMD Gears strives to keep the Website accessible, but is under no obligation to do so. For maintenance, updating, and other technical or other reasons, CMD Gears reserves the right, at its sole discretion, to modify, terminate, suspend or discontinue access to the Website at any time without notice, including but not limited to content, functionality or hours of availability. CMD Gears is in no way responsible for the consequences for the Visitor for such interruptions.
In no event shall CMD Gears be liable for any damages whatsoever, direct or indirect, arising out of your access to or use of this Website, or your access to or use of this Website or any other Website, including, without limitation, any financial or commercial loss, business interruption, loss of goodwill, loss of programs or data on your information system, even if CMD Gears has been advised of the possibility of such damages.
Article 6 – The warning system
The warning system aims to reinforce the Groupe CIF’s Ethics and Corporate Responsibility approach and to guarantee all employees and third parties in the Groupe CIF a right of expression in order to work together towards better risk prevention.
This system presupposes a strong sense of responsibility on the part of each individual; this system can only work if the information communicated has been communicated in “good faith”, without any harmful intent.
The alert system allows Groupe CIF’s employees:
– To provide employees and any third parties with information and advice, in the event of misunderstanding, on the application or interpretation of the rules of the Code of Ethics;
– to report facts relating to a crime or misdemeanour, a serious and manifest violation of an international commitment regularly ratified or approved by France, a unilateral act of an international organisation taken on the basis of such a commitment, the law or regulations, or a serious threat or prejudice to the general interest of which they are personally aware, whatever the field.
The warning system guarantees confidentiality and respect for the rights of all persons in the handling of the proceedings. The Ethics Committee is responsible for this system.
The whistleblower must, first of all, inform the Ethics Committee through the means made available to it via the company’s website.
Only if the committee receiving the alert fails to take action within a reasonable period of time may the whistleblower contact the judicial authority, the administrative authority or the professional orders. As a last resort, in the absence of processing by one of these authorities within three months, the alert may be made public.
Failure to comply strictly with this graduated procedure will result in the loss of whistleblower status and the protection attached to it.
Processing of the alert
The alert will be received by the members of the Ethics Committee who will examine the file. Upon receipt of the alert, the Ethics Committee will be responsible for acknowledging receipt and registering with the whistleblower within a reasonable time.
If one of the members can be directly implicated by the alert issued, they will de facto be excluded from the investigation procedure.
The alert shall be made by its author in an identified manner, insofar as the procedure applied by the Ethics Committee for the collection of alerts guarantees strict confidentiality of the identity of the author of the alert, of the persons concerned by the alert and of the information collected by the Committee.
The Committee shall be able to take any precautionary measures to warn of an immediate danger or to guarantee the security of evidence.
Any warning which is manifestly outside the scope of the procedure, or the serious nature of which is disregarded, which is based on the bad faith of its author or which constitutes an abusive or slanderous denunciation, shall be destroyed without delay. The Committee shall inform the author thereof and decide on the consequences of any warning issued in bad faith or with malicious intent.
If the facts reported fall within the scope of the alert procedure, the employee or third party concerned will be informed as soon as the invitation for an investigation is registered. The Ethics Committee shall ensure that the data collected are adequate, relevant and not excessive in relation to the purposes for which they are collected.
The Ethics Committee or its members will then be able to check with the whistleblower his point of view on the reported facts.
Data relating to alerts shall be destroyed, kept or archived in accordance with the provisions in force.
Thus, as soon as they are collected by the Ethics Committee, data relating to an alert that falls outside the scope of the procedure will be destroyed. Otherwise, the Ethics Committee is entitled to keep the data for the duration of the procedure and the follow-up given to the result of the investigation, in particular any legal action against the person(s) reported.
Any person issuing an alert authorises the Work’s Council to automatically process the alerts and to keep the data until the file and its follow-up are closed.
The Ethics Committee set up at group level can be reached by email at the following address: firstname.lastname@example.org.
Article 7 – Applicable law
The www.cmdgears.com Website and its content are created in accordance with the laws and rules applicable in France and the European Union.
These T&C are subject to French law.