GENERAL TERMS AND CONDITIONS OF USE
1. General information and definition
In these general terms and conditions of use, words or expressions beginning with upper-case letters will have the following meanings:
- Website : refers to the website published by the SNCF, which can be accessed via https://trophees.sncf.com;
- Event : refers to any face-to-face meeting organised by the SNCF within the framework of the Website;
- Services : refers to all the services that the SNCF offers on the Website;
- User : refers to any person who is part of the SNCF Group (GPF personnel and subsidiaries who have CP numbers or professional email addresses);
- Successful project : initiative, operation or project which has already been implemented and has proven successful. It is judged on the results and tangible benefits that it brings. It must be managed by a team and meet the company's strategic aims.
- Hosting company : refers to MEDIACTIVE GROUP
- Contribution(s) : refers to all the content that a User can enter on the Website when submitting a Successful project.
- Business line communications managers : members of the Steering Committee representing the ten business lines into which the SNCF's activities fall (approximately 20 communications managers, one or two per business line). Their role is to publish a Successful project from their business line for each category.
1.2 General points
We recommend that you read these General Terms andConditions of Use (hereinafter referred to as CGU ) carefully before consulting the Website.
When accessing the Website for the first time, a page containing the GTCU, and information on the processing of personal data is displayed.
- he User must agree to the GTCU by checking the: "I have read and accept the GTCU box,,
- the User demonstrates their consent to having their personal data processed by checking the "I have read and consent to having my personal data processed" box in the personal data management document.
All Users must comply strictly with these GTCU in their use of the Services made available by the SNCF.
The SNCF reserves the right to make any changes to the provisions of these GTCU at any time to comply with any changes in legislation, for example and to inform users of these changes on its Website. The new GTCU will then be applicable within one hour of their having been uploaded onto the Website.
In the event of any changes being made to the GTCU, a page containing the modified GTCU will be displayed. The User must accept the new GTCU by checking the "I have read and accept the GTCU" box.
If they do not accept the GTCU and do not consent to having their personal data processed when they access the Website for the first time or when changes are made to the GTCU, the User will not be able to access the Website.
2. Accessing and using the Website and services
2.1 Accessing the Website
The Website may be accessed via a PC, tablet computer or smartphone connected to a telecommunications network, in accordance with the communications protocols used on the Internet.
Website authentication is performed in two ways:
- If the user has and knows their CP number: an authentication screen is displayed via which the User can enter it.
- If they do not know or do not have a CP number, they will need to use their professional email address to identify themselves.
- If their professional email address is on the list of SNCF domains, the User will receive an email enabling them to access the Website and create their own login credentials;
- If their professional email address is not on the list of SNCF domains, the User will need to enter a business line identification key so they can access the Website and create their own login credentials. The Business Line Communications Manager for the business line in question will have the business line identification key. The key will be sent to communications managers at the presentation steering committee meeting.
The User undertakes not to communicate, share or give their CP number to any other person.
Using the Website grants access for SNCF Users only to Services for obtaining information, registering for and taking part in Events in accordance with the terms and conditions set forth in the GTCU.
Accessing the Website is free. All software and equipment needed to use and operate the Website and access the Internet must be provided by the User. Similarly, they must bear all communications costs.
The User may access the Website for an unlimited duration, without prejudicing the User's or the SNCF's entitlement to unilaterally terminate the agreement at any time, without notice or reason, and without being required to provide compensation.
The User acknowledges that, in the event of their violating legislative provisions and/or these GTCU, the SNCF may block and/or terminate their access to the Website with immediate effect, without giving notice beforehand.
2.2 Accessing the Services
Users can use the Website to find out information about the Trophées, submit a Successful project for consideration in the competition, vote for the selected Successful projects, confirm their attendance at the Trophy Award ceremony and play the "Instant Draws" game on the voting tab for a successful project. Taking part in the "Instant Draws" game is not compulsory. If a User wishes to take part, they need to accept the competition regulations, which may be viewed online.
Users are required to log on to the Website in order to access its Services.
2.2.1 Submit a successful project service
Users are required to provide a certain amount of information in order to submit a successful project.
Any user logged onto the Website may submit a successful project.
Dates for submitting a successful project: 7 January 2019 to 8 March 2019.
The following information must be provided on the successful project submission form on the Website:
- Title of the successful project
- Description of the successful project: several areas to fill in
- Business line represented (drop-down menu)
- Activity represented (drop-down menu)
- Trophée category (list of five possible options)
- Centre address: pre-filled in by token/otherwise, to be filled in
- Professional telephone number
- Photos (media illustrating the successful project)
- Videos (media illustrating the successful project)
- Information about the Manager (line manager of the relevant User):
- First name
- Last name
- Professional email address,
- List of criteria:
- Number of people impacted
- History of the successful project
- Cooperation with other business lines
- Dissemination (for successful projects used by other business lines or regions)
- Implementation of quantifiable measuring tools
- List of team members :
- First name
- Last name
- Professional email address
Once the User has sent the registration form, they will receive a confirmation email via the email address that they provided, informing them that their registration has been received.
An email will also be sent to their line manager, informing them that one of their employees has submitted a successful project. Other members of the User's team will receive emails, informing them that a successful project in which they have been involved has been submitted. The User will need to have obtained the consent of their manager as well as the consent of the team members who were involved in the successful project, information about which they are submitting. For further information about registering a successful project, the User may contact the organising team: firstname.lastname@example.org .
For all information about processing this data, the User may consult the legal information about managing personal data.
The User must inform the SNCF as soon as possible of any unauthorised use of their professional email address and of any breaches in security affecting either people or information.
A User may submit several Successful projects. Submitting one Successful project will grant the User two invitations to the Trophées awards ceremony.
Process for approving a Successful project:
- Submission of the Successful project by the User via the Website;
- Confirmation from the manager of the User who has submitted one or several successful projects, that the project or projects have been properly submitted and that the User is indeed a member of their team;
- Approval by the Business Line Communications Managers for the Trophées for publication of the Successful project on the Website
When entering details of a Successful project, the User must specify the business line to which they belong, together with the category in which they wish to compete.
During the selection phase, the Business Line Communications Managers for the 10 business lines must select, from among all the Successful projects submitted for their business line, one Successful project in each category i.e., 6 Successful projects for each business line. These will then be voted for nationally by other Users. For Successful projects that are not selected, emails will be sent by the Business Line Communications Managers explaining the reasons.
Users are responsible for the accuracy of the information that they provide when submitting a Successful project. If any information entered is not accurate or in compliance, the Successful project will be deleted and the User will not be entitled to compete.
2.2.2 View all the successful projects "service
Users who are logged onto the Website can use this service to access information which will help them understand how the Trophées 2019 work: the selection process and schedule.They can also use it to access a list of successful projects which have been submitted and view detailed descriptions of each one.
2.2.3 "Vote: one vote per category" service:
Users who are logged on can use this service to vote for one of the 10 Successful projects in competition, in each of the six categories. Each User has their own specific counter which tells them how many votes they have left. If a User has voted in all 6 categories, they can take part in the "Instant Draws" competition and try their luck at winning goodies. Click here
2.2.4 "Confirm my attendance at the ceremony" service
Users whose successful projects have been approved can use this service to confirm their attendance at the Trophées awards ceremony in June 2019. They will receive a confirmatory email, then later on an e-badge granting them access to the ceremony venue.
2.2.5 "Toolbox" service
Users can use this service to download files that will help them share information about the Trophées with people around them, and provide them with step-by-step guidance for filling in a successful project submission form.
2.2.6 "My Space" service
Only Users who have submitted a Successful project or who are Business Line Communications Managers will have access to this service.
When it comes to voting, all Users will have access to their own specific counters telling them how many votes they have left.
2.3 Users' Obligations
The Services are available to all Users, provided they:
- are legally entitled to use the Services provided by the Website;
- do not use the Website and/or its Services for unauthorised or illegal activities;
- do not alter, adapt or pirate the Website;
- do not access all or part of the Website using automated means without preliminary authorisation (this includes by using scripts or indexing robots) or by using any means other than the interface provided on the Website.
2.4 Levels of availability
The Website is accessible 24 hours a day, 7 days a week, except in the event of a force majeure occurrence or a situation arising which is beyond the SNCF's control and subject to faults and maintenance operations required for the Website's sound operation, particularly technical or IT-related difficulties.
The SNCF may suspend, interrupt or limit access to all or part of its Website, particularly for maintenance reasons and to carry out any updates that may be needed for it to operate properly, or for any other reason particularly of a technical nature without being required to inform Users beforehand.
The SNCF is not bound by any performance obligation regarding the Website's availability.
The User acknowledges that they are aware of the limitations inherent in the Internet, particularly its technical performance and the response times involved in consulting, querying or transferring information.
Accordingly, the SNCF may not be held liable in the event of access to the Website being interrupted or of it operating slowly, or of any indirect or direct damage which may be attributable to network faults or interruptions, or any data transmission errors over the Internet, or of any of this data being violated or diverted by third parties.
The User is informed that the SNCF may take down the Website or make changes to any of its characteristics at any time, without notice and without the User having any right of recourse against the SNCF.
2.5 Registration for Events
The SNCF reserves the right to:
- refuse any registration for legitimate and non-discriminatory reasons;
- exclude any User at any time who has submitted a successful project if their behaviour interferes with the Events or is in breach with the GTCU, without being required to offer them compensation.
Users are expressly informed that the content published on the Website is hosted and stored on servers belonging to MEDIACTIVE GROUP.
The SNCF reserves the right to suspend a User's access to the Website or terminate it completely if it finds that they have violated the GTCU.
5.1 The SNCF's responsibility
The SNCF is bound by a best-efforts obligation and so undertakes to use all means necessary to ensure continuity of the Services it makes available to Users. It is understood that the SNCF reserves the right to change, postpone or cancel any Event.
The SNCF is not responsible for any mistakes, inaccuracies or omissions in the information available on the Website. No advice or information that the User might obtain from the Website may create warranties that are not expressly provided for by the GTCU.
The Website contains hyperlinks that users can click on or tap to go from a page on the website to a page on another website. The SNCF has no control over these sites and may not be held liable in any way as far as their content is concerned should these third-party sites not adhere to current or future legal and regulatory provisions. The incorporation of these hyperlinks does not necessarily mean that the SNCF approves of the contents of these websites.
Furthermore, the SNCF may not be held liable for any failure to adhere to the response times stated by exhibitors or partners within the framework of a Service request on the Website or for the absence of a reply, particularly when subscribing to newsletters provided by partners or when making appointments.
5.2 Users' responsibility
The User agrees, when using the Website, not to violate any current legal or regulatory provisions, to adhere to good Intranet practices and to comply with the GTCU.
The User is hereby informed that any violation of the clauses in the GTCU may result in legal proceedings and penalties.
The User undertakes to use the Website in compliance with the GTCU. As such, the User agrees to refrain from:
- attempting to obtain unauthorised access to the Website's IT system or engaging in any disruptive activities which might affect the quality of the Website or damage or interfere with the performance of its functions;
- misusing the Website in any way, by deliberately infecting it with a virus or any other malicious programme and attempting to obtain unauthorised access to the Website;
- violating the SNCF's intellectual property rights;
- using the Website for commercial purposes and more generally offering products and services for direct or indirect remuneration;
- "reselling" the Website's content or making it available to a third party and/or other Users in exchange for payment and/or for free;
- using the Website in order to advertise or share any unsolicited promotional material in any form whatsoever.
Under the same conditions, the User also undertakes to abide by the rules and internal regulations for using the SNCF's networks and IT systems.
The User undertakes to act with diligence to respond to any claim.
The User will be held liable in relation to the SNCF and/or third parties for any tangible and/or intangible damage of any type, direct and/or indirect, caused by the User and/or their employees in the event of usage that does not comply with the GTCU.
The User guarantees the SNCF and/or third parties and will indemnify them against any requests, complaints, claims and/or recourse of any kind resulting from the User violating these provisions.
The User will compensate them at any time and as soon as the request is formulated for the financial consequences of any damage and/or any request, action or complaint from third parties resulting from any violation of these provisions.
This guarantee covers both any damages which might need to be paid, regardless of their direct or indirect origin, as well as any lawyer fees, valuation costs and legal fees.
If, for any reason, the SNCF deems that the User is failing to abide by the GTCU, the SNCF may, at any time, and at its discretion, prevent them from accessing the Website and take any necessary measures, including bringing civil or criminal legal proceedings against them.
The User undertakes to cooperate with the SNCF in ensuring that any non-compliant, abusive, fraudulent or illegal information be removed from the Website as soon as possible.
The User guarantees the SNCF against any claims and recourse which any third parties might bring against it when the User's contributions to the Website are reproduced and shared.
The User is solely responsible for using the contents of any sites linked to the Website via hyperlinks.
Users' Contributions are moderated starting when a Business Line Communications Manager publishes a Successful project and assessed against the information provided by Users when a Successful project is submitted and based on its compliance with French regulations and legislation and the requirements set forth in article 5.2 of the GTCU, and more widely for any other serious reasons.
The SNCF reserves the right to delete any Contribution which might violate the GTCU or which might wholly or partly incur the SNCF's liability and/or the Hosting company's liability.
The User is responsible for any Contribution that they display via the Website, as well as the consequences. The Contribution that the User submits, publishes or displays may be viewed by other Website Users.
The User undertakes to provide the SNCF with true information and content, clearly referencing the source and the author should their Contribution borrow from any pre-existing work.
Furthermore, Contributions must not:
- violate intellectual property rights;
- be discriminatory or incite violence or hatred for reasons of ethnic origin, political reasons, sexual orientation, etc.;
- include obscene, pornographic content, etc.;
- damage the Website's integrity and/or security or include viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programme designed to damage, or secretly intercept any IT system, data or personal information;
- be likely to incur the SNCF's liability by including hyperlinks to illegal or infringing sites or content, or more widely to content that is likely to be in breach of current regulations and legislation, or to restricted-access sites without the authorisation of content's copyright holders.
The User declares they are the sole owner of any copyrights that the Contributions may have and guarantees the SNCF and/or the Hosting company full and free use of any easements and rights detailed in these GTCU, against any confusion, claims and evictions.
In particular, the User guarantees that there are no disputes or legal proceedings currently in progress or about to be instigated which might challenge the Contributions' copyright.
7. Intellectual property
7.1 The SNCF's Intellectual Property
As a general rule, the User must refrain from harming the intellectual property rights (copyrights, ancillary rights, sui generis rights of database creators, trademark rights, domain names, etc.) of the SNCF and/or the Hosting company, and/or any third party.
The SNCF owns all intellectual property rights pertaining to both the Site's structure and its contents (text, logos, images, sound components, software, icons, layout, database, etc.) or has legally acquired the rights allowing unrestricted use of the Website's structure and contents.
Accordingly, Users may not copy, reproduce, represent, adapt and/or use or transfer in any way whatsoever and for any purpose whatsoever part or all of the Website's structure and contents, unless express authorisation has been obtained beforehand in writing from the SNCF.
All downloads are strictly prohibited, unless expressly authorised by the SNCF. Any downloading which constitutes misuse may result in the application of appropriate sanctions by the SNCF and/or any relevant third party.
Any software downloading that the Hosting company makes available on the Website must be in compliance with the Hosting company's terms and conditions of use. The User must contact the SNCF before downloading any software in order to find out whether or not the software in question is included in the services to which the SNCF has subscribed from the Hosting company.
The consequences of any damage resulting from the User downloading software without having informed the SNCF and/or in breach of the Hosting company's terms and conditions of use are entirely the responsibility of the User.
Trademarks and logos reproduced on the Website have been registered with the relevant authorities by the Companies which own them. Any reproduction of names and logos using any means whatsoever without prior authorisation of the relevant owner is prohibited.
Non-compliance with these provisions may constitute an act of forgery and/or unfair competition, incurring the User's civil and/or criminal liability.
The SNCF is the creator of the database which is built up during use of the Website as understood by article L. 341-1 of the Intellectual Property Code. Any unauthorised retrieval or use of the database's contents may result in civil or criminal proceedings being instituted against the perpetrator.
SNCF est producteur de la base de données constituée dans le cadre de l'exploitation du Site au sens de l'article L.341-1 du Code de la propriété intellectuelle. Toute extraction ou utilisation non autorisée du contenu de la base est susceptible d'engager la responsabilité civile ou pénale de son auteur.
The User explicitly authorises the SNCF to reproduce, publish and share, under its pseudonym, in full or in part and for the whole world, using any medium that either exists or does not yet exist, and for any purpose, and for the legal duration of intellectual property rights being protected, as defined by the intellectual property code, as well as by international agreements, including instances of this duration being extended.
In certain exceptional circumstances, the anonymized contents of Users' Contributions may be shared with a research body or university for research purposes.
The User certifies that they own all the rights needed to authorise the SNCF to reproduce, publish and share their Contributions using any media that currently exists or does not yet exist, under the conditions described above. As such, the User guarantees the SNCF against any claims and recourse which any third parties might bring against it when the User's Contributions are being reproduced, published or shared.
7.2 Image rights when taking part in an Event
At each Event, Users may be asked if they can be photographed and/or recorded.
When registering for the Trophées Award ceremony, Users must indicate whether or not they agree to having their image made available. If they authorise it, the User must sign an image release form.
Au moment de l'inscription à la cérémonie de remise des Trophées, l'Utilisateur doit indiquer s'il autorise ou non la mise à disposition de son image. S'il l'autorise, l'Utilisateur devra alors obligatoirement signer l'autorisation de droit à l'image.
When confirming their attendance at the Trophées Award ceremony, Users must have access to this image release form to which they must explicitly agree or otherwise. This consent must be kept for one (1) year.
Des liens hypertextes contenus sur le Site peuvent renvoyer vers d'autres sites intranet/ internet par tout moyen.
Users may incorporate hyperlinks to other sites.
For any questions about how the Website operates or the GTCU, Users may email the SNCF project team at: email@example.com
10. Clause being declared void
All or part of one or several clauses of these GTCU, the terms of a legal or regulatory provision or a final and definitive court ruling being declared void does not result in the other provisions being declared void, or the part of the provision that has not been declared void.
11. Applicable law and assignment of jurisdiction
In all respects, the GTCU are governed by French law.
The SNCF and the User agree to go to every effort to amicably resolve any disputes which might arise from the interpretation, performance and/or termination of these GTCU. Should they fail to reach an agreement within one (1) month, the aforementioned dispute may only be referred to the French courts, even in the event of an incidental claim or for cases involving multiple defendants and appeals.
Any disputes which may result from the interpretation or performance of the GTCU will be referred to the competent court within the jurisdiction of the Paris Court of Appeal.