Terms and conditions of use

SCHILLER Medical, a simplified joint-stock company with capital of 5,180,800 euros, registered with the Strasbourg Trade and Companies Register under no. 310 967 294, headquartered at 4 rue Pasteur, Wissembourg (67160), operates a fixed website and its mobile version.

The user is kindly requested to carefully read the General Conditions of Use of the site (“GCU”), the page relating to data protection-privacy policy as well as the information page on cookies before consulting the Site.

The general conditions of use have the goal to determine the access modalities and use of the site, in every equipment.

The consultation of this website is subject to full acceptance of these terms and conditions. SCHILLER Medical therefore reserves the right to modify and/or update the Terms and Conditions of Use at any time. The applicable version of the TCU is the one online at the time of consultation of the Site by the User.

The User of the Site undertakes to respect the GCU. Should the User fail to do so, SCHILLER MEDICAL reserves the right to take any measures necessary to protect its interests, and in particular to take legal action against the User.

If the User is a minor, he/she declares that he/she has obtained prior authorization from his/her parents or guardians, who are responsible for his/her compliance with the GCU. Use and consultation of the Site’s Content by a minor User is carried out under the control of his/her parents or guardians.

Article 1: Definitions

For the purposes of the GCU, each of the terms defined below shall have the meaning of its definition:

Access to the Site”: refers to any consultation or browsing of the Site by Users.
General Terms and Conditions of Use” or “GTCU”: refers to the entirety of these terms and conditions, accepted by Users, governing access to and use of the Site.
Content(s)”: refers to any element constituting or published on the Site, regardless of its type, such as texts, sounds, photographs, images, logos, graphic design elements and interfaces, videos, software, databases, etc., as well as the content of the Site itself.
Equipment(s)”: refers to all types of terminal on which the Site is published, including in particular computers, tablets and smartphones.
Site”: refers to the Internet site published by SCHILLER MEDICAL.
User(s)”: refers to any person consulting the Site.

Article 2: Object

The purpose of the GCU is to define and set the terms and conditions under which SCHILLER MEDICAL makes the Site available to Users.

They also set out the conditions under which the User accesses and consults the Site.

Article 3: Access to the website

The access to the website implies, from the users, the knowledge and full acceptance of the General Terms and Conditions of use.

The access to the website is free of charge and the website is accessible 24 hours a day, 7 days a week.

However, it should be noted that SCHILLER MEDICAL cannot be held liable for any technical impossibility of connection, in particular malfunctioning of the Site or unavailability of Content, whether due to force majeure, maintenance, editorial updates, internal or external strikes, network or electricity failures, incorrect configuration or use of the computer by the User or any other cause beyond its control.

Similarly, SCHILLER MEDICAL cannot guarantee the rate and time of data transfer from SCHILLER MEDICAL’s server to the Internet.

SCHILLER MEDICAL cannot be held responsible in the event of contamination by a virus, or any other computer infection, of the User’s Equipment. It is the responsibility of the User to take all appropriate measures to protect his/her data, software and Equipment from any source of contamination.

Access to the Site does not require prior registration.

Article 4: Content use

The Content (including archived or cached Content) may not be used outside the provisions of the GTC, in particular for commercial purposes, or for the training or development of any automatic learning or artificial intelligence software or system whatsoever, without the prior written consent of SCHILLER MEDICAL, including when the purpose is non-commercial.

Unless SCHILLER MEDICAL has given its prior written consent, the Content may not be used by software and/or artificial intelligence systems to generate content in response to requests made by their users.

Any individual or legal entity not complying with these prohibitions may be held liable in this respect.

SCHILLER MEDICAL may use any technical means to restrict access to the Contents of its Site by robots and/or any other technology reproducing and/or using its Contents, in particular for the purposes of training or developing automatic learning or artificial intelligence systems.

Article 5: Intellectual property

Respect of rights: All Content on the website is protected by French and international legislation on intellectual property rights and/or press law, as well as personality rights (right of personal portrayal). Consequently, the User of the website undertakes that none of this Content may be reproduced, modified, redistributed, translated, exploited or reused for promotional or commercial purposes in any way whatsoever without the prior written consent of SCHILLER MEDICAL and/or the relevant rights holders, including for the purposes of training and/or developing any software and/or machine learning or artificial intelligence systems, as well as for any use by such systems to generate Content in accordance with requests made by their users.

5.1 Ownership of rights

All Content is protected by French and international legislation on intellectual property rights (in particular Article L.122-4 of the French Intellectual Property Code), press law and personality rights (right of personal portrayal).

By virtue of these rules, any reproduction (including downloading, printing, etc.), representation, adaptation, translation, transformation and/or transfer to a third-party website, of all or part of the aforementioned Content is prohibited without the prior written authorization of SCHILLER MEDICAL and/or the holder of the rights.

Similarly, any reproduction, representation, modification, use, exploitation and/or transfer of all or part of the Content, in particular for the purposes of training and/or developing any software and/or machine learning or artificial intelligence system, as well as for any use by such systems with a view to generating Content in the context of requests made by their users, is prohibited without the prior written authorization of SCHILLER MEDICAL.

SCHILLER MEDICAL grants the User, insofar as it is concerned and subject to the rights of third parties, a free, non-exclusive right of access to the entire Site for the purpose of individual consultation or within the strict framework of the User’s family circle. This right of access enables the User to consult the Site and use its Contents in full compliance with the GCU.

The GCU do not lead to any rights transfer , including intellectual property rights, to the User.

Unauthorized use of the Content may give rise to civil and/or criminal prosecution (notably for counterfeiting) and, where applicable, the payment of fines and/or damages.

5.2 Trademarks and logo

The trademarks of SCHILLER MEDICAL, the companies of the SCHILLER Group and its partners, including the corresponding logos appearing on the Site, are registered trademarks, protected as such by French and international legislation on intellectual property rights (in particular article L.713-2 of the French Intellectual Property Code). Any use of these trademarks or logos is prohibited without the prior written authorization of their owners.

Unauthorized use of a protected trademark or logo may give rise to civil and/or criminal legal proceedings (notably for counterfeiting) and, where applicable, the payment of fines and/or damages.

5.3 Hyperlinks to the Website

By creating one or more hypertext links to the Site, the User undertakes not to modify the Content (e.g.: additions, cuts, editing, substitutions, extractions, advertising, etc.).

The publication on third-party websites of hypertext links pointing to the Site is prohibited when said third-party websites disseminate illegal information and/or content (such as: apology for crimes against humanity, child pornography, incitement to racial hatred, etc.) or are likely to harm the image and respectability of SCHILLER MEDICAL and its employees. The same applies to any hypertext link reproduced on Internet sites containing elements likely to incite hatred or violence or to undermine the dignity of a person or group of persons on the grounds of their gender, sexual orientation or disability.

Regardless of the type of hypertext link pointing to the Site, the User is not authorized to set up a systematic referencing mechanism for all or part of the Content, making it possible to propose on a service, application or Internet site other than those of SCHILLER MEDICAL, the referencing of the said Content for the public, in particular for commercial purposes, without the prior written authorization of SCHILLER MEDICAL.

Finally, the hypertext link must not, in any way, enable the setting up of a system facilitating the mass sending of messages, such as a pre-written message addressed to an e-mail address linked to the Site.

5.4 Hypertext links reproduced on the site

The Site may contain hypertext links to third-party websites or services. SCHILLER MEDICAL makes every effort to provide the User only with links to websites or services of third parties that are free from defects, but cannot guarantee their quality or reliability.
Consultation of these third-party websites or services is the sole responsibility of the User. Consequently, SCHILLER MEDICAL cannot be held liable for any direct or indirect damage suffered as a result of consulting a third-party website or service linked from a page on the Site.

Article 6: Messages toward SCHILLER Medical

From the Site, SCHILLER MEDICAL allows Users to send messages to SCHILLER MEDICAL’s sales, marketing and human resources departments by e-mail directly to the e-mail addresses indicated or, for any other question, by filling in the contact form.

In this context, the User undertakes to provide correct contact details revealing a true identity, enabling third-party services to contact him/her, if necessary.

The User acknowledges that he is solely responsible for the messages he submits. In this respect, SCHILLER MEDICAL shall not be held liable in the event of any claim or action being taken against it on the basis of a message.

The User undertakes to send only messages, texts, photos or videos that comply with French legislation and regulations. In this respect, freedom of expression must not undermine respect for the person of others, human dignity or public order and morality. The User is therefore prohibited from :

Send SCHILLER MEDICAL content of an advertising or promotional nature;
Send to SCHILLER MEDICAL content originating from trade unions or political organizations;
Send to SCHILLER MEDICAL content that is contrary to public order and/or morality, discriminatory, violent, racist, sexist, anti-Semitic, xenophobic, revisionist, glorifying war crimes, abusive or rude, hateful, obscene, pornographic, pedophilic, likely to offend human dignity, etc… ;
Send to SCHILLER MEDICAL content containing false information, confidential information, information unrelated to the theme, messages constituting disparagement and/or messages characterizing harassment, defamation, insults, speculations;
Send to SCHILLER MEDICAL content inviting the user to commit illegal or dangerous acts (crimes, consumption of prohibited substances, etc.) and those inciting computer hacking;
Send to SCHILLER MEDICAL any content that infringes copyright or neighboring rights, the law applicable to databases, trademark law, image rights, the right to privacy or that violates any other legislative or regulatory provision in force;
Overload the server, in particular by using the Site to send unsolicited advertising;
Use any hardware or software likely to alter, hinder or distort the operation of SCHILLER MEDICAL’s services and Site, or introduce any data into a SCHILLER MEDICAL automated data processing system likely to alter, hinder or distort the normal operation of SCHILLER MEDICAL’s services and Site, and in particular to circumvent the restrictions on use defined by the GTCU;
Send content to SCHILLER MEDICAL that may damage the image and/or trademarks of SCHILLER MEDICAL.

Article 7: Personnal data

7.1 Collected data

Personal data is information that enables the User to be identified directly or indirectly and to be linked, where appropriate, to the data processed.

Data is collected either directly, when the User freely communicates it, or indirectly, when the data is collected automatically using computerized means.

-> When data is collected directly from the User: this concerns data that the User provides directly on the Site by using the contact form or by sending an e-mail to the sales, marketing or human resources departments:

In this context, the personal data collected is as follows:
Surname and first name(s)
e-mail address

The User undertakes to provide only accurate and up-to-date information, revealing a true identity that does not infringe the rights of third parties.

Users are informed of the compulsory or optional nature of the answers they are asked to provide, as well as the other compulsory legal information (identity of the data controller, data recipient(s), rights they hold, etc.).

-> When data is collected indirectly: this refers to data collected automatically by computer means, enabling the User to be identified indirectly. This data relates to the User’s use of the Site. In particular, it may concern :

Connection data (IP address, logs, etc.);
Data relating to Equipment (type of Equipment, operating system, etc.).

This data may be used, within the limits of applicable law, for the purposes indicated in article 7.3 of the GTU.

7.2 Cookies and other trackers

Cookies can also be used to collect personal data.

The term “Cookies” refers to all traces (pixel tags, bugs, web storage, etc.) deposited and/or read when the Website is consulted, for example. It is information deposited in the persistent memory (hard disk, for example) of the User’s Equipment by the browser at the request of the Site or of a third-party script present on the Site visited. Only the server that requested the Cookie can access this information at a later date, and always via the browser.

The Cookie contains several pieces of data:

the name of the server that placed it ;
a name/value pair, which may or may not contain personal data (e.g. “language” = “French” or “unique ID” = “123654”);
possibly, a cookie expiry date.

This information is sometimes stored on the Equipment in a simple text file which a server accesses to read, transmit information to the server of the page consulted and record information.

Under no circumstances can a Cookie be spyware or a virus, or damage the User’s system, destroy files or alter programs.

These Cookies may be SCHILLER MEDICAL Cookies, or Cookies from third-party companies whose code excerpts (scripts or development kits) SCHILLER MEDICAL integrates into its pages.

SCHILLER MEDICAL uses Cookies in order to compile statistics on visits, to record data communicated, to share content present on the Site via social networking platforms, as well as to improve Users’ browsing experience.

It is reminded that certain Cookies are necessary for navigation on the Site and for its proper functioning. They enable Users to access the Site’s main functions.

It is specified that SCHILLER MEDICAL has no control over the use made of Cookies deposited by third parties, for example by advertisers, or those resulting from the use of parts of the Site hosted by a third party.

Users may at any time manage the use of Cookies by using the functions of their browser software.

For further information, the User may refer to the Cookie Usage Policy.

7.3 Purposes of processing

Personal data communicated by the User on the Site are subject to the French Data Protection Act no. 78-17 of January 6, 1978, as amended, and to the European Regulation 2016/679/EU on the protection of personal data of April 27, 2016.

Personal data may be used for the following purposes:

Carrying out operations relating to the management of prospects and customers: communicating SCHILLER MEDICAL news and information, issuing offers tailored to the User’s needs ;
To compile statistics on the number of visitors to the various Contents of the Site;
To improve and, where appropriate, personalize the Site, in particular by providing services and content tailored to the Site’s Users;
Storage in a database for internal management purposes;
Sharing the User’s reactions on the social networks to which he or she is connected, or sharing Site Content;
The display of personalized advertising.

SCHILLER MEDICAL reserves the right to carry out anonymous statistical studies and analyses on the use and typology of the Site’s Users based on personal data concerning them, on the number of pages to which Users have been exposed and clicks on the various links proposed, including those triggering the playback of audio or video media.

7.4 Recipient of the personal data collected

The personal data collected is intended for SCHILLER MEDICAL and in particular for the following departments:

Marketing department
Sales department
Digital department
Human resources

Personal data collected by SCHILLER MEDICAL for the purposes described in article 7.3 will not be sold or exchanged. It is not transferred to third parties, except within the SCHILLER Group, which the User accepts.

For services offered by a third party (e.g. social networks), via a link available on the Site, this third party is solely responsible for the management and collection of personal data that the User communicates to it on this occasion. SCHILLER MEDICAL does not collect or store the data provided on this occasion. The User thus acknowledges that these third-party services interacting with the Site are totally independent of SCHILLER MEDICAL. Thus, access, consultation and use of these third-party services via the Site will be exclusively subject to the conditions of use and/or sale as well as the personal data policies of the said services.

7.5 Retention period of personal data

The information and data collected are kept in accordance with legal and regulatory obligations for a period of 1 year.

Personal data is stored by SCHILLER MEDICAL in accordance with simplified standard 48.

7.6 Rights of Users whose data is collected

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended, and with European Regulation no. 2016-679 on the protection of personal data, the User has the right to access, rectify, delete, oppose and port data concerning him or her, as well as the right to limit processing. To exercise these rights, the User should send a letter to the following address: SCHILLER MEDICAL, Délégué à la protection des données personnelles, 4 rue Pasteur – 67160 Wissembourg (or an e-mail to the following address: dpo@schiller.fr, specifying the subject of the request;

In accordance with the aforementioned provisions, the User may also define directives relating to the conservation, deletion and communication of data concerning him/her after his/her death. To do so, they must register these instructions with SCHILLER MEDICAL. To this end, the User may choose a person to be responsible for the execution of these directives or, failing this, his legal successors. These directives may be modified at any time.

For further information, the User may consult his rights on the CNIL website. Thez User can contact the CNIL in case of any issue and send a claim.

7.7 Security of personal data collected

SCHILLER MEDICAL ensures the security of data collected from Users by means of access control systems (management of the identities and authorizations of persons authorized to access personal data), making it possible to guarantee the confidentiality and integrity of said data.

Article 8: Responsability

Access to and use of the Site and its services is at the User’s own risk and under his/her sole responsibility, in accordance with the conditions defined in the GCU.

In any case, SCHILLER MEDICAL cannot be held responsible for access, consultation, use, content accessible or not, all offers and services or information consulted on third-party services. Third parties are solely responsible for compliance with French legislation and regulations.

The User acknowledges and accepts that the Site may contain technical, typographical or other inaccuracies in its Content.

SCHILLER MEDICAL shall not be held liable for any errors or omissions on the Site or in any referenced document. The Contents of the Site are non-contractual and subject to change without notice.

SCHILLER MEDICAL shall not be liable for any direct or indirect, material or immaterial, incidental or consequential damages arising out of the use of the Site or any information obtained from the Site.

In this approach, SCHILLER MEDICAL cannot be held liable on the basis of information contained on its Site, or in its e-mails, or in any other form whatsoever. The information sent to Users may not, in any way whatsoever, be considered as assistance or personalized advice.

The Content on the Site complies with French legislation and regulations. Therefore, SCHILLER MEDICAL cannot be held liable in the event of non-compliance with the legislation of another country of connection.

Finally, SCHILLER MEDICAL takes every precaution to ensure that the Content of the Site is not contrary to public order and morality. Nevertheless, it cannot be held responsible if ideas or images contained on the Site offend certain particularly sensitive individuals.

Article 9: Applicable law and jurisdiction

Access to and use of the Site and its services is at the User’s own risk and under his/her sole responsibility, in accordance with the conditions defined in the GCU.

The User acknowledges and accepts that the Site may contain technical, typographical or other inaccuracies in its Content.

SCHILLER MEDICAL shall not be held liable for any errors or omissions on the Site or in any referenced document. The Contents of the Site are non-contractual and subject to change without notice.

SCHILLER MEDICAL shall not be liable for any direct or indirect, material or immaterial, incidental or consequential damages resulting from the use of the Site or of any information obtained from the Site.

In this respect, SCHILLER MEDICAL cannot be held liable on the basis of the information contained on its Site, or in its emails, newsletters or in any other form whatsoever. This information sent to Users may not, in any way, be considered as help or personalized advice.

Article 9: Applicable law and jurisdiction

The GCU are governed by French law. Any difficulty of interpretation or execution shall fall exclusively within the jurisdiction of the Courts of Strasbourg.

The nullity of one or more provisions of the GTU, pronounced by a court decision, does not entail the nullity of the other provisions.