Behub-e

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Behub-e
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  • Oilfield Equipment
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Terms of services

Vallourec Digital Solutions, LLC (the “Company”) provides an intermediation platform entitled Behub-e on its behub-e.com website, that connects commercial Buyers and Sellers, so that they can offer for sale and, where applicable, sell products for the OCTG, energy, and industry markets such as drilling, oil exploration and oil production equipment as well as tubular products, spare parts, raw material and any other products and services related to the energy and industry market, under commercial terms and conditions which the Buyer and Seller determine.

These General Terms and Conditions of Service (hereinafter "the GTCS") govern the terms and conditions of use of the Behub-e marketplace platform.

As a condition of accessing or using the Behub-e marketplace, each User agrees to the GTCS, including any changes to the GTCS as may be made by the Company from time to time.

The GTCS expressly incorporates the Company’s Privacy Policy which is available at: Behub-e Privacy Policy.



1. Definitions



“Applicable Laws” means all applicable laws, rules, and regulations arising out of or related to the Products, the offer of sale or sale of the Products, any Transaction, third party payment provider services, or the GTCS (including without limitation all import, export, economic, trade sanctions laws, and privacy laws such as the EU General Data Protection Regulation (GDPR). “Buyer” refers to any legal person or entity conducting business in the energy or industry market that operates on the Platform for the purpose of purchasing Products on the Platform from Sellers.

“Commission” refers to the remuneration payable by the Seller to the Company for each Transaction facilitated on the Platform

“Company Group” means the Company, and: (a) its parents, subsidiaries, and affiliates; (b) Company’s contractors and suppliers of every tier (excluding third party payment service providers), and their respective parents, subsidiaries, and affiliates; (c) the joint or working interest owners of any kind of (a) or (b) (including without limitation partners, joint venturers, co-owners and members); and (d) the agents, officers, directors and employees of (a), (b), and (c), but shall not include the Users, Buyers, or Sellers.

“Offer” refers to the Seller’s offer to sell one or more Products to potential Buyers.

“Platform” refers to the Behub-e digital marketplace, published and posted online by the Company on the behub-e.com website.

“Products” all goods (whether new or used) or services for the energy or industry markets such as drilling, oil exploration and oil production equipment as well as tubular products, spare parts, raw material and any other products or services offered for sale or sold by the Sellers on the Platform.

“Product Data” refers to all of the information provided by a User, whether directly or indirectly, through the User’s access or use of the Platform, Transaction, or concerning the Products, including without limitation, details regarding the size, composition, form, dates or use of the Products, and all Transaction data. “Seller” refers to any person or legal entity that operates on the Platform for the purpose of marketing or selling their Products to Buyers.

“Subscription” refers to the access offered by the Company which permits Sellers to offer for sale and sell Products on the Platform.

“Transaction” refers to any contract for the purchase and sale of Products between the Buyer and the Seller facilitated on the Platform.

“User” refers to legal persons or entities that access the Platform and includes Buyers and Sellers as the case may be.

“Virus” means any virus, malware, worm, trap door, back door, snoopware, spyware, malicious logic, Trojan horse, time bomb or other malicious functionality that is designed to erase or alter data, programs or equipment or render any of them unusable, intentionally interfere with the Platform technology, or otherwise intentionally cause the Platform, or any other software to become inoperable or incapable of being normally used.

2. The Company’s Role

2.1.

THE COMPANY PROVIDES A PLATFORM TO CONNECT BUYERS AND SELLERS FOR THE PURPOSE OF BUYING OR SELLING PRODUCTS.

2.2.

THE COMPANY IS NOT INVOLVED, AND ASSUMES NO LIABILITY FOR, THE TRANSACTION BETWEEN A BUYER AND SELLER FOR PRODUCTS ON THE PLATFORM. THE NEGOTIATION, CONCLUSION, OR FORMALIZATION OF A SALES OR SERVICE AGREEMENT BETWEEN THE BUYER AND THE SELLER IS SOLELY BETWEEN THE BUYER AND SELLER. THE COMPANY IS NOT, AND SHALL NOT BE DEEMED TO BE, A PARTY TO ANY TRANSACTION AND ASSUMES NO OBLIGATION OR LIABILITY FOR ANY TRANSACTION.

2.3.

COMPANY MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE PLATFORM AND COMPANY SHALL HAVE NO OTHER WARRANTY LIABILITY TO USERS OR THIRD PARTIES. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE PRODUCT OR SERVICE IRRESPECTIVE OF A USER’S OR THIRD PARTY’S CAUSE OF ACTION OR THEORY OF RECOVERY.

2.4.

THE COMPANY ACTS EXCLUSIVELY AS AN INTERMEDIARY FOR THE PURPOSE OF CONNECTING THE SELLERS AND BUYERS, VIA THE PLATFORM. ACCORDINGLY, THE BUYERS AND SELLERS EACH AGREE TO WAIVE, RELEASE, INDEMNIFY, AND DEFEND THE COMPANY GROUP FROM AND AGAINST ANY CLAIMS, LOSSES, OR LIABILITIES (INCLUDING WITHOUT LIMITATION, THIRD PARTY CLAIMS) ARISING OUT OF OR RELATED TO A USER’S ACCESS OR USE OF THE PLATFORM, ANY TRANSACTION, OR THE USE OF ANY THIRD-PARTY PAYMENT SERVICES.

3. Registration of Users on the Platform

3.1.

Users must register on the Platform to buy or sell Products.

3.2.

A User may subsequently choose to create a Seller account. The User may change this choice after opening their account. To register on the Platform, the User must complete the account application form accurately and in full. The Company reserves the right to require updated or additional information as may be reasonable at any time in order to maintain active registration on the Platform.

3.3.

The Platform will permit the Seller to publish the terms and conditions of sale for Products sold or offered for sale on the Platform.

3.4.

The User certifies the accuracy of the information they upload to the Platform or otherwise provide to Company or other Users.

3.5.

The Company reserves the right, in its sole discretion, to accept or reject any application by a User to register on the Platform, and a User may be removed from the Platform at any time by Company at its sole discretion.

4. Offers, Sales, and Buying on the Platform

4.1. Publication of an Offer on the Platform by a Seller

4.1.1.

The Seller may offer their Products for sale by publishing an Offer on the Platform.

In order for an Offer to be published on the Platform, the Seller must provide reasonably sufficient details of the Product offering in the listing, including: - the type of products or services - photographs of the Products - Product restrictions (i.e. export control measures or other legal restrictions) - Product identification information - product or service data, specifications, or technical information - the quantity of Products offered - price and currency (as supported by the Platform) and method of payment - the physical location, delivery terms (Incoterms 2020) and any other performance conditions and the associated transport and handling costs, in one of the currencies available on the Platform - taxes, customs duties, and fees applicable to the sale and delivery of the Products - Seller’s terms and conditions of sale or service, and - whether there are geographical or other restrictions in the Offer. Certain information may be required for publishing of the Offer by the Company on the Platform.

4.1.2.

The Seller is solely responsible for the Offer published on the Platform and the terms and conditions under which they enter into a Transaction with a Buyer. The Seller may also specify the particular geographical area(s) to which their Offer is restricted.

4.1.3.

By publishing its Offer, the Seller warrants that their Offer is valid and binding unless removed from the Platform prior to an order placed by a Buyer and conditioned upon availability of the Product at the time Seller confirms an order placed by Buyer.

4.1.4.

Once submitted by the Seller, Company reserves the right to reject the Offer for publication on the Platform, as Company deems appropriate in the exercise of its sole discretion. Once published, any eligible User will be able to view the Offer on the Platform and enter into a Transaction with Seller as a Buyer by communicating acceptance of the Offer through the Platform.

4.1.5.

The Company will issue order summaries and purchase orders through the Platform for Transactions, on behalf of the Users.

4.1.6.

The Offer published by the Seller may be amended at any time prior to an order placed by a Buyer.

4.1.7.

All of Seller’s published Offers can be viewed from their account.

4.1.8.

The Seller’s Offer may be published subject to certain restrictions. For example, an Offer may not be visible or accessible in certain territories or to certain Users, due in particular to any regulatory obligations or legal restrictions.

4.1.9.

By publishing the Offer, the Seller agrees to utilize the Platform messaging service and also agrees to accept reviews and ratings issued by Users who enter into Transactions with Seller. The Seller shall have the right to reply to any review or rating submitted by the User. The Company reserves the right to delete communications through the Platform messaging service as it deems reasonably necessary.

4.2. Completion of a Transaction

4.2.1.

Any User interested in a Product may, via the Platform, have access to the information relating to a Product by accessing the published Offer. Users may also contact the Seller via the Platform's messaging service, in order to obtain additional information about the Products.

4.2.2.

The Buyer expressly agrees to be bound by the Seller’s terms and conditions of sale or service as provided in the accepted Offer. The Buyer must elect a method of payment and confirm acceptance of the applicable terms and conditions with the Seller without reservation before the Transaction is confirmed and accepted by Seller. The Buyer also expressly agrees to provide the location for delivery and end use of the Products being purchased.

4.2.3.

The Buyer accepts an Offer by clicking “Order with an obligation to pay” via the Platform.

By accepting an Offer, the Buyer is legally bound to buy the Products accepted in the Offer and, as such, undertakes in particular to pay the full agreed price, unless Buyer revokes its order prior to Seller’s acceptance of the order. The Seller will be notified, through the Platform, of the Buyer’s acceptance of the Offer. The Seller will have two (2) business days to accept the Buyer’s order through the Platform. The Transaction status shall be visible to the Buyer and the Seller via the Platform. Any Transaction conducted through the Platform will result in the payment of a Commission by the Seller to the Company for use of the Platform, under the terms of Article 6 of the GTCS.

4.2.4.

As a material condition of providing the Platform, neither the Seller nor the Buyer shall circumvent or attempt to circumvent the Platform for the purchase or sale of the Products offered for sale on the Platform, particularly by contacting each other outside the Platform. If this term is breached, the liquidated damages stipulated in Article 8.2.4 shall apply, in addition to any other remedy available at law, equity, or otherwise.

4.2.5. Platform Currency

The Seller shall sell their Product(s) in US Dollars (US$). The Buyer may only purchase the Product(s) in US Dollars.

4.2.6. Payments

The Transaction payment may be made by the Buyer through the third-party payment processor to the Seller in accordance with the applicable payment terms.

4.2.7. Third Party Payment Processing

4.2.7.1.

In order to pay for or receive payment for a Transaction on the Platform, the Buyer and Seller (as applicable) may elect to utilize independent third-party payment services. The Company does not process payments for Transactions on the Platform. Third party payment provider services are provided independently of the Company and the Platform, are operated by or on behalf of Balance Payments, Inc. (“GetBalance”), and are subject to the third party payment processor’s terms and conditions of service, which may be found at (Balance End-User Terms) The Buyer will be re-directed to a third-party payment services portal where User has elected to utilize such third party payment services to pay for a Transaction. The Company assumes no liability for, and the User agrees to defend, indemnify, and hold harmless the Company from and against any and all claims, losses, or liabilities arising out of or related to the User’s access or use of the GetBalance services or any other third party payment processor’s services, according to the terms of Article 8.2.5 of the GTCS. Where the User elects to use a third party payment processor, the User warrants and represents that it has the requisite power, authority and capacity to: (a) use the third party payment processor services each time it uses such services, (b) to disclose information provided to the third party payment processor to carry out the payment services, and (c) initiate debit or credit transactions and make or receive payments for Transactions in accordance with instructions provided through the third party payment service. The User further warrants and represents that its use of the third-party payment services will not violate any Applicable Laws.

4.2.7.2.

In order to facilitate third party payment services, the User agrees to provide the third-party payment service with the following information, and any other information as may be reasonably necessary to facilitate third party payment services elected by the User on the Platform: - Sellers: - Legal Business Name - EIN - Bank account and routing number (On bank letterhead) - Business Address - Website URL - Contact Name - Contact Phone - Contact Email Buyers: - Legal Business Name - EIN - Business Address - Website URL - Contact Name - Contact Phone - Contact Email - Payment Information as determined by selected payment option, i.e. credit card information, banking account information for ACH or Wire payments. For Buyers in the US, the Company may offer the possibility to qualify for payment terms through the use of the third-party payment service. The third-payment service may require additional information as part of their credit qualification process.

4.2.8. Taxes, Fees and Penalties

4.2.8.1.

To the extent there are sales, use, VAT or other comparable taxes applicable to the Transaction, Buyer shall pay to Seller all applicable taxes. The Seller shall be responsible remitting any and all taxes to the applicable taxing authority and all tax reporting stemming from the Transaction. Seller is also responsible for verifying and receiving and tax exemption certificates or other related documentation. Seller is additionally responsible for all fees, fines, penalties, and any other liability incurred by itself, Company, or a third party caused by or arising out of such Seller’s breach of this Agreement stemming from the Transaction. Seller agrees to reimburse Company or a third party for any and all such liability. Within 60 days of the completion of each transaction, Seller shall provide to Company evidence of payment of all applicable taxes or certification that the transaction was exempt from applicable taxes

4.2.8.2.

To the extent a taxing jurisdiction requires Company to remit any applicable sales, use, VAT or other comparable taxes applicable to the Transaction, Buyer shall pay or reimburse to Seller all applicable taxes stemming from the Transaction. Seller is additionally responsible for all fees, fines, penalties, and any other liability incurred by itself, Company, or a third party caused by or arising out of such Seller’s breach of this Agreement stemming from the Transaction. Seller agrees to reimburse Company or a third party for any and all such liability.

4.3. Execution of a Transaction

4.3.1.

After the acceptance of an Offer and the entering into a binding contract for the purchase and sale of Products between the Buyer and the Seller, the Buyer and Seller are solely responsible for the execution of the Transaction and any claims, losses, or liabilities that may arise out of or relate thereto. Buyer and Seller agree to indemnify and defend the Company Group in accordance with Article 2.2. In the event of conflict between the Buyer and Seller relating to a Transaction, the Buyer and Seller shall resolve their dispute according to the terms of their agreement. Without limiting the foregoing, the Buyer and the Seller assume full responsibility for any customs formalities and any taxes and charges relating to the import or export of the Products, as well as their compliance with local regulations and all Applicable Laws.

4.3.2.

Upon delivery of the Products in accordance with the applicable Incoterm, the Buyer must provide notification within two (2) business days in the Platform of the safe arrival of the Products. Once Buyer confirms delivery, Seller shall be entitled to payment per the terms of its agreement with Buyer. In the event Buyer fails to notify Company that delivery has not occurred within two business days, Products will be deemed to be delivered in accordance with the applicable delivery terms and Seller will be entitled to payment.

4.3.3.

The Seller must ensure that they send the Buyer any documents necessary for the proper completion of the Transaction.

4.3.4.

The Buyer and Seller agree to comply with the applicable terms and conditions of sale for each Transaction entered into on the Platform.

5. Subscription to the Platform

5.1.

When Users register, they have access to the services of the Platform provided by the Company to: Buy on the platform, communicate to one another or to the platform administrator, to update user profile, provide ratings, update product, (seller only) etc..

5.2.

The services permitting a User to sell on the Platform are subject to a Subscription. Subscription fees shall be in accordance with the rates published on the website, unless otherwise agreed separately in writing with the Company. All prices are stated in US Dollars excluding taxes, unless otherwise stated. In return for the Subscription, the Company shall receive from the Seller an annual subscription fee payable on the day the Seller’s initial registration is approved. The Subscription shall be for a period of one (1) year and shall be automatically renewed at the rate published on the website for Subscriptions as of the date of renewal each year thereafter unless Seller provides Company written notice thirty (30) days prior to the expiration of the current Subscription term. Subscription fees are due in full prior to Seller having permission to sell on the Platform.

5.3.

To cancel the Subscription, the User must notify the Company thirty days before the date on which said Subscription expires, otherwise the Subscription shall be renewed under the same conditions and at the current price for a new fixed one (1) year period. If the Subscription is terminated by the User during its period of validity, the User shall not be entitled to any reimbursement for fees already paid.

5.4.

Subject to Article 4.2.8, User is solely responsible for any taxes or fees arising from their use of the website.

5.5.

Any failure of Seller to pay amounts due to Company under these GTCS will result in an interruption of the access services to the Platform, as well as the interruption of the publication of the Seller’s Offer on the Platform.

5.6.

In accordance with the implementation of new services, the Company reserves the right to change the pricing of Subscriptions.

6. Company Commission

6.1.

In return for the intermediation services delivered by the Company through the Platform, the Company shall receive, from the Seller, a Commission on the price of the Products that are the subject of a Transaction.

6.2.

The Commission is payable in full by the Seller as soon as a buyer’s order is accepted by Seller in accordance with Article 4.2. When the Seller’s payment is made via the third-party payment processor directly to the Seller’s bank account listed on the Seller’s account profile, the payment will be reduced by the agreed Commission. When payment to Seller is not made via the third party payment processor, Company will issue an invoice to Seller for the Commission and the invoice will be due upon receipt. As an intermediary, the Commission shall be earned and payable to Company regardless of any dispute related to the Transaction, including without limitation: (i) if the Product sales or service agreement between the Buyer and the Seller is breached or terminated; (ii) if the Products are retained by customs; (iii) if the Transaction is the subject of a dispute for product or service defects; (iv) goods not received or services not performed; or (v) non-payment by buyer.

6.3.

The amount and payment terms of the Commissions are as agreed between Company and Seller. The Seller must therefore check the then-current applicable Commission at the time of posting an Offer on the Platform.

6.4.

Any amounts outstanding to Company after 30 days from the date of invoice shall bear interest at the rate of 1.5% per month calculated daily, or less to the extent required by law, without prejudice to any other rights and remedies of the Company.

7. Users Obligations

7.1.

Product sales or service agreement: The Buyer and the Seller acknowledge that the agreement concluded between them under the conditions of Article 4, via the Platform, is legally binding between them.

7.2. Security

The User is responsible for taking all appropriate and necessary measures for keeping their login and password confidential and secure. The User must inform the Company immediately and take all reasonable steps including changing their password to the Platform if a password has been lost, stolen, used without authorization, hacked, or if they have reason to believe any of the foregoing has occurred. The User is fully responsible for all activities carried out via their account on the Platform, notwithstanding access or use by a third party, even where access or use is fraudulent or unauthorized.

7.3.

The User will not intentionally or unintentionally introduce any Virus to the Platform or to any other Users.

7.4.

The User undertakes not to use the information and contact details provided or acquired on the Platform for purposes other than the use of the Platform for its own internal business purposes of buying or selling Products. In particular, the User shall not use such information for commercial prospecting purposes outside the Platform.

8. Warranties

8.1. Seller warranties:

.1.1. The Seller warrants and represents that:

a. it has full and complete ownership and title to the Products and all the authorizations and rights necessary to offer them for sale or sell them, and that the Products do not infringe or misappropriate any third-party rights worldwide;
b. all Products sold or offered for sale are free of any liens, pledges, claims or other rights that encumber the Products or hinder their offer for sale or sale to a Buyer;
c. it holds all the rights necessary for all information provided or made available on the Platform (in particular information about the Products, images, photos, trademarks and logos, etc.) and that the latter do not infringe or misappropriate the rights of third parties worldwide and do not constitute, in whole or in part, acts of infringement, misappropriation, unfair competition, or acts of any other nature that incurs or is likely to incur any liability for the Buyer or the Company;
d. the description of the Products in the Offer is accurate and complete; and
e. the offering for sale or the sale of Products does not violate Applicable Laws or regulations, third party rights, or the provisions of the GTCS.

8.1.2.

If all or part of the Product or content supplied by the Seller is the subject of a dispute, claim or action by a third party (including infringement or misappropriation), the Seller undertakes to immediately withdraw its Offer in respect of the disputed Product and to inform the Company immediately in writing. If all or part of the Product supplied by the Seller is subject to an export control measure, trade sanction, or other legal restriction, it undertakes to make it clear in its Offer. Seller agrees to provide all such aforementioned information related to the Product in the Offer.

8.1.3.

The Company reserves the right to remove the content posted online by the Seller or its Offer upon receipt of a written notice reasonably informing Seller of the potentially contentious nature by a third party of said Product or content, without prejudice to the application of Article 8.2.5 of the GTCS or any other remedy available at law, equity, or otherwise. In any event, regardless of the merits of such information, the Company shall not be held liable as a result of the removal of the content posted or Offer.

8.1.4.

The Seller will inform the Company immediately of any risk of economic dependence on the Company, so that the Seller and the Company can examine any adjustments to remedy this situation. In any event, and in particular (but not limited thereto), if the GTCS between the Seller and the Company are terminated, the Company shall have no liability whatsoever due to economic dependence or any other similar legal theory.

8.2. User warranties

8.2.1.

The User warrants and represents that it has the requisite power, authority and capacity to register on the Platform, to buy or sell or offer to sell Products on the Platform, to conduct Transactions on the Platform, and more generally to fulfill its obligations and duties in the GTCS.

8.2.2.

The User warrants and represents that it will not: a. Copy, reproduce, modify or disclose works or any other element which is or may be eligible for protection under an intellectual property right without the permission of the owner of said rights;
b. Disrupt or attempt to disrupt the proper functioning of the Platform;
c. Publish on the Platform (including in the Offers and comment areas), any false, erroneous, misleading, defamatory, libelous, obscene or otherwise illegal or objectionable content;
d. Publish personal or identifying information without the consent of the data subjects;
e. Fail to take security measures to protect passwords or access to the Platform;
f. Access or use the Platform with another User’s login;
g. Spread Viruses or other technologies that harm the Platform or other Users connecting to it; or
h. Violate Applicable Laws in accessing or using the Platform or participating in Transactions.

8.2.3.

The User is solely liable for direct or indirect damage caused (including to the Company Group or any third party) due to the content they publish on the Platform, the Products they sell or offer for sale, or the Transactions they enter into as a Buyer or Seller.

8.2.4.

If the Buyer or the Seller breaches Article 4.2.4 (Platform circumvention) of the GTCS, they shall be jointly and severally liable for liquidated damages in the amount of ten (10) times the Commission that the Company would have received in respect of the Transaction if it had been carried out on the Platform, without regard to other remedies which may be available at law, equity, or otherwise. The Buyer and the Seller expressly accept the principle and the amount of this liquidated damages provision, which they acknowledge as a reasonable pre-estimate of damages suffered by the Company. These liquidated damages provision does not discharge Users from any of their contractual obligations. The liquidated damages are independent of each other and, consequently, cumulative. The application of liquidated damages shall not prejudice the Company's other rights and in particular the right to:
a. Seek damages for the actual loss or liability suffered, in addition to the liquidated damages set forth above in this Article, or
b. Terminate the User’s account in accordance with Article 13.4 of the GTCS.

8.2.5.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GTCS, THE USER SHALL INDEMNIFY, DEFEND, HOLD HARMLESS, AND FULLY RELEASE, THE COMPANY GROUP FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING LEGAL FEES AND ATTORNEYS' FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS OR USE OF THE PLATFORM, THE PRODUCTS, ANY OFFER, SALE, OR TRANSACTION, THE COMMISSION, THE USE OF ANY THIRD PARTY PAYMENT SERVICES, AND MORE GENERALLY ANY BREACH OF THE GTCS, ALL OF WHICH SHALL BE WITHOUT PREJUDICE TO ANY OTHER REMEDY AVAILABLE TO THE COMPANY AT LAW, EQUITY, OR OTHERWISE. THIS INDEMNITY SHALL APPLY IRRESPECTIVE OF CAUSE AND NOTWITHSTANDING THE NEGLIGENCE OR BREACH OF DUTY (WHETHER STATUTORY OR OTHERWISE) OF THE INDEMNIFIED PARTY OR ANY OTHER ENTITY OR PARTY AND SHALL APPLY IRRESPECTIVE OF ANY CLAIM IN TORT, UNDER CONTRACT WHETHER AT LAW, EQUITY, OR OTHERWISE, AND EVEN IF CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY GROUP.

8.2.6.

If the User causes a technical interruption of the Platform or the Platform’s transmission systems, the User shall be responsible for all claims, losses, liabilities, expenses, damages and costs, including reasonable legal fees and attorneys' fees, resulting from, arising out of or in connection with such interruption, without prejudice to any other remedy available to the Company at law, equity, or otherwise.

9. Business ethics

9.1.

The User warrants that it has read the Company's Code of Ethics and Anti-Corruption Code available on its website, and agrees to comply with the principles and terms and conditions set out in those documents and any successive version made available to the User.

9.2.

The User undertakes both on its own behalf and on behalf of its affiliates and subcontractors of any tier, and their respective officers, directors, employees, owners or shareholders, or agents to comply with all Applicable Laws relating to the User’s access or use of the Platform and including all applicable anti-corruption laws, (including but not limited to, the U.S. Foreign Corrupt Practices Act, the UK Bribery Act, Law No. 2016-1691 of 9 December 2016 on transparency, the fight against corruption and modernization of economic life known as the "Sapin II" Law, the Brazilian Anti-Corruption Law (Law No. 12.846/2013) or any equivalent law against corruption).

9.3.

The User undertakes to adopt ethical behavior in all circumstances, particularly in the field of human rights, working conditions, environmental protection and anti-corruption measures. The User therefore warrants that they have not made or offered, and that they shall not make or offer, any payment, gift or promise, or give any advantage, directly or via intermediaries, to or for the use of any person (including civil servants), in order to influence any act or decision of such person, induce such person to do or omit to do anything in violation of his or her legal duty or to obtain any undue advantage, or otherwise do or omit to do anything that violates or could violate Applicable Laws.

9.4.

The User warrants that it has adopted adequate internal compliance procedures for ensuring compliance with Applicable Laws and the ethical rules set forth in the GTCS.

9.5.

The User shall promptly notify the Company of any investigation or legal proceedings brought against the User by any public authority in respect of any alleged violation of any Applicable Laws, including anti-corruption laws or ethical rules by the User or its officers, directors, employees, or agents.

9.6.

The User warrants that neither it nor any of its officers, directors, employees, owners or shareholders, or agents is a sanctions target or otherwise restricted under any Applicable Laws, including without limitation, U.S. sanctions administered by OFAC (Office of Foreign Assets Control) or U.S. export sanctions and control laws, sanctions administered by Her Majesty’s Treasury of the United Kingdom, or any equivalent measures of the United Nations, the European Union, or any other applicable jurisdiction, including sanctions imposed on certain states, organizations and persons within the framework of the European Union’s common foreign and security policy.

9.7.

If the User fails to comply with any provision of this Article, the Company may terminate the User's account under the conditions set out in Article 13 of these GTCS, without prejudice to any other remedy at law, equity, or otherwise.

10. Export control

10.1.

The User undertakes to comply with all export control or trade sanctions under Applicable Laws.

10.2.

If a Product is subject to export control or trade sanctions and may be sold subject to prior written authorization from the appropriate authority, the Seller undertakes not to offer for sale or sell without the prior written consent of the appropriate authority.

11. Company’s Limitation of Liability

11.1. Platform Availability

11.1.1.

The Platform is made available to Users on an "as is" basis and the User agrees that its access or use of the Platform is entirely at its own risk. The Company makes no representations or warranties, express or implied, as to the quality, accuracy and/or completeness of the information provided on or communicated through the Platform. The User agrees that the Company Group shall have no liability whatsoever with respect to the access or use of the Platform or the User’s reliance upon any information on the Platform.

11.1.2.

The Company will use its best efforts to maintain the general functioning and accessibility of the Platform. Notwithstanding the foregoing, the Company assumes no liability for:
a. the availability, access, communication and transfer speeds on the Platform, external slowdowns, suspension or inaccessibility of the Platform, or the fraudulent use by third parties of all information made available on the Platform;
b. any force majeure event, or failures and technical problems relating to hardware, programs and Internet network software that may result in the suspension or termination of the Platform;
c. Platform incompatibility or malfunctions with User hardware, software, configurations, operating systems or equipment;
d. Loss or damage to User hardware, software, or systems, in particular caused by any Virus and/or attempted intrusion; or
e. more generally, all direct, indirect or consequential losses, liabilities, or damages that may arise out of or relate to User’s access or use of the Platform, in particular any financial or commercial damage, loss of customers, any business disruption whatsoever, loss of profit, loss of brand image or loss of data, files or software incurred.

11.1.3.

The Company reserves the right to make any modifications and improvements it deems necessary or useful to the Platform. Furthermore, Company reserves the right to temporarily or permanently suspend or terminate a service or all the services it offers on the Platform, without notice or compensation to Users.

11.2. Specific Exclusions of Liability

11.2.1.

The Company accepts no liability for, and the User agrees to defend, indemnify, and hold Company Group harmless from and against any claims, losses, or liabilities arising out of or related to:
a. the information and content posted by Users on the Platform. If illegal content is published on the Platform, Company may remove illegal content, without prejudice to other remedies that may be available at law, equity, or otherwise; or
b. any dispute arising between the Buyer and the Seller in relation to Products, whether offered for sale or purchased on the Platform, and more generally any Transaction entered into between them, including without limitation claims for product or service defects or liability.

11.2.2.

As the Company is not a party to any Transaction entered into between the Buyer and the Seller, it assumes no responsibility, duty or obligation, including without limitation for compliance with Applicable Laws, import and export regulations, or Products safety or compliance related to the Transaction.

11.2.3.

References to goods, services, processes, or other information in connection with any trade name, trademark, manufacturer, supplier or otherwise do not under any circumstances constitute or imply any recommendation or approval thereof by the Company.

11.3. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GTCS, THE COMPANY GROUP’S MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM, LOSS, OR LIABILITY OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS OR USE OF THE PLATFORM, THE PRODUCTS, ANY OFFER, SALE, OR TRANSACTION, THE COMMISSION, THE USE OF ANY THIRD PARTY PAYMENT SERVICES, AND MORE GENERALLY ANY BREACH OF THE GTCS SHALL BE LIMITED TO THE SUBSCRIPTION FEES PAID BY THE USER IN THE PREVIOUS TWELVE (12) MONTHS, AND EACH USER (INCLUDING WHEN ACTING AS A BUYER OR SELLER) AGREES TO RELEASE, SAVE, PROTECT, DEFEND, INDEMNIFY AND HOLD COMPANY GROUP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES IN EXCESS OF SUCH AMOUNT, REGARDLESS OF WHETHER CAUSED BY OR THE RESULT, IN WHOLE OR IN PART, OF THE NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR OTHER FAULT (IN EACH CASE, WHETHER SOLE, CONCURRENT, JOINT, CONTRIBUTORY, COMPARATIVE, ACTIVE, PASSIVE, OR OTHERWISE) OF ANY MEMBER OF COMPANY GROUP, OR ANY OTHER THEORY OF LEGAL LIABILITY, INCLUDING STRICT LIABILITY, PREMISES LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, OR OTHERWISE.

12. Product Data and Privacy

12.1.

The Company may collect Product Data. To the extent that any data or information collected or captured by the Company contains any personal data, the Company’s Privacy Policy shall apply.

12.2.

The User agrees and acknowledges that the Company is expressly authorized to exploit the Product Data to design and implement any activity and carry out any purpose, including, but not limited to, developing and offering new digital services, free of charge or against payment, for commercial or non-commercial purposes, on any medium and by any means. User hereby grants to Company Group, a non-exclusive, sublicensable, transferable, royalty-free, perpetual, and irrevocable worldwide license and right to use, reproduce, modify, enhance, and exploit the Product Data, including all intellectual property included therein, in connection with the Company’s business operations. For the avoidance of doubt, the foregoing license shall not include any personal information.

12.3.

Further, Product Data may be integrated, combined, modified, aggregated or subject to any other operation in connection with an existing database or a database created for this purpose.

12.4.

The Company may transmit in whole or in part the Product Data to any person, whether affiliated or not to the Company, free of charge or against payment, on any medium and by any means.

12.5.

Product Data, whether or not combined in the form of a database, may be protected by intellectual property law and in particular registered as industrial property.

12.6.

The User acknowledges and warrants to the Company that the Product Data disclosed to it may be used in all the ways specified in this Article 12, without in any way infringing the rights of third parties. In any event, the User shall indemnify, defend and hold the Company Group harmless from any claim, loss, or liability under the conditions of Article 8.2.5 of the GTCS.

13. Duration, termination and ending of the GTCS

13.1.

These GTCS shall be in force between the Company and the User until terminated, as set forth herein.

13.2.

The termination of a User account will terminate the GTCS, and the termination of the GTCS will terminate a User’s account.

13.3.

The User is entitled to terminate their account on the Platform at any time either directly through the Platform or by providing written notice to the Company.

13.4.

The Company may terminate a User account in the following cases:
a. if unauthorized accounts have been created;
b. if there has been no account activity on the Platform for more than six (6) months;
c. if the Platform has been circumvented or there has been an attempt to do so;
d. and more generally, if the GTCS have been breached; or
e. for convenience by giving the User thirty (30) days prior written notice.

13.5.

If a User account is terminated or the GTCS are terminated, all sums owed to the Company by the User shall remain payable. Furthermore, all Offers published on the Platform shall be immediately withdrawn and removed from the Platform.

14. Intellectual Property

14.1. Offers:

The Seller assigns to the Company, on a worldwide, royalty-free basis, the non-exclusive, and assignable rights to use, copy, and reproduce the Seller’s name, trade name, brand name, trademarks, trade dress, logos and all other graphic elements or text transmitted by the Seller for publishing Offers on the Platform. This license of rights is granted for the entire period during which the Offer is published on the Platform. The Seller authorizes the Company to resize and alter the content transmitted to Company due to technical constraints or otherwise to maintain the overall visual appeal and consistency of the Platform.

14.2.

Hypertext links: The Company assumes no liability for the quality, content, nature or reliability of the websites accessible via a hypertext link from the Platform or websites containing a link to the Platform.

14.3.

The creation or embedding of hypertext links or metadata with the Platform is prohibited without the Company’s prior written consent.

14.4.

The Platform and its content, and all right, title and interest in and to any and all concepts, data, designs, ideas, information, reports, inventions, know-how, processes, techniques, and works of authorship or the like, including without limitation, all copyrights, patents, trademarks, trade secrets or other intellectual property rights, are the Company’s exclusive property or are licensed for use from third parties. The User is prohibited from modifying, copying, or reproducing the Platform or any of its elements without the Company’s prior written consent.

14.5.

The User acknowledges that the Company or its licensors own all of the intellectual property rights of the Platform and its content and no right or license to such intellectual property is granted to a User by the GTCS.

14.6.

The User undertakes not to reproduce the template or use any template reproduction techniques to integrate any part whatsoever of the Platform without the Company's express written consent. The User shall not integrate metatags or other hidden text using the Company’s name or trademarks and service marks without the Company’s express written consent.

14.7.

The words "Vallourec", "BEHUB-E", the Vallourec and BEHUB-E logos and the products and services described on the Platform are trademarks, trade names or service marks of the Company and its licensors or are the property of their respective owners. These marks must not be copied, or used, in whole or in part, without the prior written consent of the Company or their respective owners and, if this permission is obtained it shall be conditioned on the use of intellectual property references to protect same. Furthermore, page headers, customized graphical representations, button icons and text may be service marks, trademarks or trade dress of the Company and must not be modified, copied, or used in whole or in part, without the Company’s prior written consent.

14.8.

Any other use of the Platform's content, in particular, the modification, dissemination, transmission, exploitation, broadcasting, publication, downloading, licensing, reverse-engineering, transfer, sale or creation of derivative works from any element, information, software, product or service obtained from the Platform, or the use of the Platform for activities in competition with those of the Company, is expressly prohibited.

15. References / Advertising

The User agrees to allow the Company Group to reproduce its name, company name, trademark and logo in order to include it on any medium on a worldwide and royalty-free basis, and in particular on its website, among its references as a user of the Platform.

16. Confidentiality

The User undertakes to keep confidential all data, information, and documents of any nature and in any form, whatsoever concerning the Platform or to which they have access to via the Platform, and not to disclose the information, in any form or to any third party whatsoever, without the Company’s prior written consent. The User undertakes not to use this confidential information for any other purpose than the execution of the GTCS. This confidentiality obligation shall be binding on the User for a period of five (5) years after the GTCS have been terminated. The User shall ensure that all confidential information is only provided to those persons or persons contracted by them (contractors, subcontractors) on a reasonable need-to-know basis in accordance with the purpose. Confidential information that the User may be required to disclose pursuant to a legal or regulatory provision may only be disclosed after prior notification to the Company and provided that the disclosure is limited to what is strictly necessary.

17. General provisions

17.1.

Applicable law: The GTCS shall be governed in accordance with the laws of Texas, without regard to conflict of laws principles. Disputes shall be finally settled by an arbitration panel, in accordance with the latest current version of the Rules of American Arbitration Association by arbitrators appointed in accordance with the said Rules. Arbitration proceedings shall be conducted in Houston, Texas, and in the English language. The decision of the arbitrators shall be final, binding, and enforceable upon the parties and judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that the failure of a party to comply with the decision of the arbitrators requires either party to apply to any court for enforcement of such award, the non-complying party shall be liable to the other for all cost of such litigation including attorneys’ fees.

17.2.

Changes to the GTCS: The Company reserves the right to amend the GTCS at any time by providing written notice to the User.

17.3.

Assignment of the GTCS by the User: The GTCS may not be assigned by the User, in whole or in part, without the Company’s prior written consent.

17.4.

Assignment of the GTCS by the Company: The Company may sell, transfer, or assign the GTCS to any person or entity without the User’s consent. The User expressly acknowledges that the assignment of the GTCS by Company shall be fully enforceable.

17.5.

Construction: The rule of construction that any ambiguity in an agreement be construed against the drafter of such agreement shall not apply to the GTCS.

17.6.

Invalidity: If any provision of the GTCS is found to be void, invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not impair or affect the remaining provisions of the GTCS or the validity or enforceability of such provision in any other jurisdiction.

17.7.

Non-waiver: Any failure by the Company to enforce any provision of the GTCS shall not be deemed to be a waiver of such provision.

17.8.

Entire agreement: The GTCS constitute the entire agreement between the Company and the User concerning the subject matter hereof.

17.9.

Non-waiver: The non-application by the Company of any provision of the GTCS or its mere tolerance of any breach by the User, temporarily or permanently, may under no circumstances be considered a waiver of the Company’s rights.

17.10.

Survival: All clauses which, due to their context, are intended to survive beyond the termination of the GTCS shall remain effective. In particular, this includes, but is not limited to, Articles 5, 7, 8, 11, 12, 14, 15, 16, and other provisions intended shall survive such termination.

17.11.

Agreement on Proof: The entry of the required information, the acceptance of these GTCS, the placing or confirmation of the order, or any other request made electronically has the same value as a handwritten signature on paper between the Parties. The Company and the User acknowledge and agree that electronic exchanges have the same probative value as a document written on paper, provided that the person from whom it originates can be duly identified and that it is drawn up and kept under conditions that guarantee its integrity. Consequently, the Company and the User undertake not to dispute the content, reliability or probative value of a document and the information it contains solely on the grounds that this document is drawn up on an electronic medium and not on paper.

17.12.

Enforcement: If any legal action, arbitration or other proceeding, is brought by or against Company for the enforcement of this agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this agreement, Company shall, upon prevailing, be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which Company may be entitled.

Privacy policy

Introduction

Welcome to “BEHUB-E”, an internet site (hereinafter the “Site”) that is owned and operated by VALLOUREC DIGITAL SOLUTIONS, LLC (hereinafter called “VALLOUREC”, “us”, “we”, “our”). The protection of Your Personal Data is of the utmost importance to us and we have adopted this Privacy Policy (“Policy”) to explain how we collect, use, share, and safeguard Your Personal Data (as defined below). This Policy applies to all information, including Personal Data , that we collect about You, both online and offline. 1 Please note that the rights discussed in certain sections of this Policy may be subject to exemptions or limitations under applicable law. Please review this entire Policy carefully. By accessing and using the Site, You acknowledge acceptance of the terms of this Policy. If You do not agree with or You are not comfortable with any aspect of this Policy, You should immediately discontinue access or use of our Site.

This Policy contains the following sections:

• Definitions
• Our Collection of Personal Data
• How We Use Personal Data
• Cookies
• Links to Other Websites
• How Long We Keep Personal Data
• Transfer of Personal Data
• Sharing of Personal Data
• Security Measures
• Your Rights Regarding Your Personal Data
• Updates to the Policy
• Questions / Contact

1. Definitions

The terms defined below will have the following meanings, whether used in the singular or the plural:

  • “Personal Data” means any information relating to an identified or identifiable natural person. A person is “identifiable” if he or she can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or to one or more elements specific to the physical, physiological, genetic, mental, economic, cultural or social identity of him or her, including “personal information” or other similarly defined information under Applicable Data Protection Laws.

  • “Device” means the different means by which the Site will be accessible, including smartphones, tablets, online computers (PC or Apple) and any object that is connected or can be connected to another object or to the internet

  • “You”, “Your”, “User(s)” means any person accessing the Site and whose Personal Data can be collected during their visit to the Site.
  • “Applicable Data Protection Laws” means applicable data protection laws that apply to us and/or the Personal Data that we collect from or about You, including, the most recent version in force of the French Data Protection Act No. 78-17 of 6 January 1978, the provisions of European Union General Data Protection Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (hereinafter “EU GDPR”), and the provisions of the EU GDPR as it forms part of the laws of the United Kingdom by virtue of Section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (“UK GDPR” and, together with the EU GDPR, the “GDPR”) and UK Data Protection Act 2018.

  • “Processing” includes in particular the use, storage, recording, transfer, adaptation, analysis, summarization, modification, declaration, sharing and destruction of the Personal Data according to what is necessary given the circumstances or legal requirements.

Terms used in this Policy that are not otherwise defined shall have the meaning ascribed to them under Applicable Data Protection Laws.

2. Our Collection of Personal Data

VALLOUREC collects Personal Data either online (through Your Device using cookies, login data, during Your navigation on the Site’s pages, or via collection forms2 ) or offline. VALLOUREC collects certain information directly when it is provided by You (or Your representative), and other information may be collected about You automatically when You visit our Site. You are required to provide certain Personal Data if You wish to establish a business relationship to benefit from our products or services. If You do not provide that data, You may not be able to place an order on our Site. We will only use Your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If You wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use Your Personal Data for an unrelated purpose, we will notify You and we will explain the legal basis which allows us to do so. Please note that we may process Your Personal Data without Your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

2.1. Information Provided by You Directly

Depending on how You interact with us, we collect certain Personal Data directly from You including: • Identifiers.

  • Including Your business name, business contact name and tax ID number, or other business identification number.

  • Professional Contact Details. Business postal address, email address and telephone number, and employer.

  • Profile Data. Such as a Username and password, and preferences.

  • Marketing, Communications and Correspondence Data. This includes Your preferences in receiving marketing from us and third parties, Your communication preferences, and records of information provided by You when You contact us with questions, feedback or for other reasons.

2.2. Information Collected About You Automatically

We may automatically collect Your Personal Data as You interact with our Site, such as browsing actions, patterns, hardware model, device ID and internet protocol (IP) address. The information we may collect automatically from You includes:

  • Log Files. These include IP addresses, browser version, browser types, internet service providers, pages visited, entry/exit pages, referring sites, platform types, connection speed and demographic information.

  • Navigational Data. This includes information gathered while You browse the Site, including what pages You visited and how long various features are used.

  • Cookies. These are text files containing small amounts of information which are stored on Your browser or device when You visit our Site. Further information on our use of cookies is set out in Section 4 (Cookies). 

2.3. Information Collected From Other Sources

We may separately collect Your Personal Data from other third parties and public sources, as required or permitted by applicable laws, such as public databases, resellers, joint marketing partners and social media platforms.

3. How We Use Personal Data

We Process Personal Data for various purposes as described below. Where required under Applicable Data Protection Laws, we have established a lawful basis to do so and have outlined such bases below.

3.1. Purpose for Processing Personal Data

We Process the information we collect for our purposes associated with the growth, maintenance, and management of our business. Depending on how You interact with us, we may use Your Personal Data and other information for a number of purposes, including the following purposes (hereinafter the “Purposes“):

  • Operate and continuously improve the Site, its functionalities and the services. We use Your Personal Data to ensure that You have the best experience possible on our Site and the best quality possible for our service. In order to achieve this, we use Your Personal Data for various purposes related to Site operation and improvement, including to answer Your requests and questions, provide help-desk and support services, run tests and satisfaction surveys, and analyze Site User statistics.

  • Manage Our Relationship With You. We Process Personal Data to manage our relationship with You, including to execute orders placed on our Site, fulfill a contract that we have with You, properly display the right user, and analyze the business to help answer questions and analyze the relationships between buyers and sellers.
  • Safety and prevention of illegal activities. We may use Personal Data to protect our company, our customers and the Site. This includes detecting security incidents and protecting against malicious, deceptive, fraudulent or illegal activity.

  • Compliance with Laws. VALLOUREC is subject to various legal requirements in the jurisdictions in which we operate that require us to collect, process, disclose and retain Your Personal Data in order to comply with those laws. We may be required to retain Your data for extended periods of time, and to provide copies of such data to law enforcement, governmental or other regulatory authorities, or third parties, as applicable.

  • Collecting Analytics for Site Improvement. We also process Your Personal Data to improve and optimize our Site for the benefit of Users. This processing is used for the purposes of analysis and statistical study of the use of our Site. For more information please review Section 4 (Cookies).

3.2. Lawful Basis for Processing

Where required under Applicable Data Protection Laws, we have established a lawful basis for the processing of Your Personal Data. Such bases include:

  • Legitimate Interests. We process Personal Data for our legitimate business interest in managing and promoting our business, provided that our interest is not overridden by Your interest. In identifying and relying on this basis for certain processing, we have weighed our legitimate interest as a business against Your rights and freedoms and have determined that such processing will not unfairly impact Your rights. If You would like further information on how we balanced these interests, You can contact us using the details below in Section 12 (Questions/Contact). Please note that you have a right to object to the processing of Your Personal Data where that processing is carried on for our legitimate interest.

  • Legal Requirements. We may need to process Your Personal Data in order to comply with certain legal and regulatory requirements, including to establish, exercise or defend legal claims, respond to a judicial process, law enforcement or governmental agency.

  • Contract. Depending on the circumstances, we may need to process Your Personal Data for the performance of a contract to which You are a party, or related pre-contractual steps.

  • Consent. We may process Your Personal Data with Your consent, as required under Applicable Data Protection Laws. You have the right to withdraw this consent at any time where we are relying on consent to process Your Personal Data. However, this will not affect the lawfulness of any processing carried out before You withdraw Your consent. For additional information please review Section 10 (Your Rights Regarding Your Personal Data) below.

4. Cookies

When You visit the Site, some information relating to your browsing may be recorded in “cookie” files installed on Your Device. A cookie is a file installed on Your Device that records information relating to navigation on a website.

Cookies have many functions. In particular, they allow You to navigate between pages in an efficient manner, they remember Your preferences and generally improve the user experience. Cookies allow the ads that appear on Your screen to be more relevant and adapted to Your interests. 

4.1. Our Use of Cookies on the Site

The Website uses both Cookies issued by VALLOUREC, placed directly by us on Your Device, and third-party cookies, set by third parties on our behalf. We use third-party cookies to help us analyze the use of our Site.

We use both Strictly Necessary Cookies and Audience Measurement Cookies, which are described in more detail below. 

4.2. Strictly Necessary Cookies 

Strictly Necessary Cookies are essential to enable You to use the Site and to use its features, such as access to Your user account. These cookies are activated following actions You perform that correspond to a request for services, such as configuring Your privacy preferences, logging in, filling out forms or using a shopping cart. These cookies do not collect any information that could be used for marketing or targeting purposes. The chart below describes which Strictly Necessary Cookies we use on the Site:

Name of the cookie Description of the cookie Storage period
PHPSESSID Enables to keep the session active when a user logs in. 4 hours

_la

_lt

 Enables the link between the running session and the javascript files called from a CDN Related to the running session

4.3. Audience Measurement Cookies

Audience Measurement Cookies allow us to know, among other information, the number of visits on the Site’s pages and which pages are consulted. This information allows us to improve the Site and to always offer You a better experience. We do this through using tools such as Google Analytics and other similar cookies. Google Analytics is a Google tool for web traffic analysis that enables website owners to better understand the behavior of their users. This tool uses cookies to collect information and generate reports on usage statistics of a website without that individual users are identified personally by Google. You can find out more information about Google Analytics here. 

The chart below describes which Audience Measurement Cookies we use on the Site:

Name of the cookie Description of the cookie Storage period

_ga
_gid
collect
gcl_au
gid

 These cookies are used by Google Analytics to save a unique identifier used to generate statistical data on how the visitor uses the website. 24 hours
_gat This cookie is used by Google Analytics to reduce the rate of requests 24 hours
A3 This cookie is used by Yahoo for audience tracking.  1 year
APID Yahoo - Collects information about visitor behavior on multiple websites. This information is used on the website in order to optimize the relevance of advertising. 24 hours
B  Yahoo - Collects anonymous data related to visits to the user’s website, such as the number of visits, average time spent on the website and pages that have been loaded. The recorded data is used to categorize user interest and demographic profiles in order to customize the website content depending on the visitor. 1 year
GUC Yahoo - Cookie enabling to track conversions 24 hours
IDSYNC Yahoo Analytics - Used to identify the visitor through visits and devices. This allows the website to display relevant advertising to the visitor. The service is provided by third party ad centers, making it easy for advertisers to bid in real time. 1 year
NID Google - The NID cookie contains a unique ID that allows Google to save Your preferences and other information, including Your preferred language (for example, English), the number of search results to display per page (for example, 10 or 20), and the desired state of the Google SafeSearch filter (enabled or disabled).

2 hours

4.4. How to Control Cookies 

You can delete cookies at any time, and where required under applicable law, withdraw Your consent to the use of cookies. We offer You several ways to manage Your choices regarding the installation of cookies. Your cookie settings may modify Your browsing on the Website or even prevent the use of certain features of the Website.

You can control our uses of cookies through our cookie banner and Your internet browser.

  • Cookie Banner 

You can manage your cookie and / or withdraw Your consent at any time by accessing our cookie banner.

  • Internet Browser

You can configure Your Internet browser to allow or reject cookies. You can also configure your browser so that You are offered the option of accepting or rejecting cookies before a cookie is likely to be stored on Your terminal.

Below, we have provided additional information for each browser, as well as information about the Google Analytics audience measurement cookies that we use:

  • Internet Explorer. Internet explorer does not enable the management of cookies on a case-by-case basis. To delete all cookies, click here and follow the instructions.
  • Safari. To manage cookies, click here and follow the instructions.
  • Chrome. To manage cookies, click here and follow the instructions.
  • Firefox. To manage cookies, click here and follow the instructions.
  • Opera. To manage cookies, click here and follow the instructions.
  • Google Analytics. You can prevent the use of Google Analytics cookies on Your device by using Google’s opt-out tool, available here.

More information is available via the “Help” tab of Your browser.

5. Links to Other Websites

This Site may include links to third-party websites, plug-ins and applications You may be interested in. Clicking on those links or enabling those connections may allow third-parties to collect or share data about You. Unless expressly authorized by You, VALLOUREC will not share any of Your Personal Data with these third parties.

VALLOUREC has no control over the content of these third-party websites or the practices of these third parties in relation to protection of the Personal Data they may collect. As a result, VALLOUREC is not responsible for the contents of third-party sites or the practices of these third parties in relation to Personal Data protection and recommends that You review the information practices of these third parties.

6. How Long We Keep Personal Data

The Personal Data collected is kept for the period required for fulfillment of the various Purposes described in this Policy. In determining the appropriate retention rate for Personal Data, we take into consideration the amount, nature and sensitivity of the relevant Personal Data, the applicable legal, regulatory, taxation, account or other requirements, the potential risks of harm from unauthorized use or disclosure of such Personal Data, and whether we are able to achieve the relevant purposes through other means. In any event, we will only retain Your Personal Data for as long as reasonably necessary or required to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, taxation, accounting or reporting requirements.

The Personal Data collected is promptly deleted should any of the following events arise:

  • expiration of the relevant retention period;
  • exercise of Your right to delete in accordance with Applicable Data Protection Laws and conditions laid down in Section 10 (Your Rights Regarding Your Personal Data) of this Policy; or
  • deletion of the Site by VALLOUREC for any reason whatsoever.

For log journals, our retention period is 1 year, subject to the above. 

7. Transfer of Personal Data

Our services are hosted and operated in multiple geographic regions. Any Personal Data that we collect may be transferred, accessed and processed outside of Your country, including in the United States. If You are located in the EEA, the U.K., Canada, or other regions with laws governing the processing of Personal Data that may differ from U.S. law, please note that Your Personal Data may be transferred to countries that do not have the same data protection laws as the country in which You initially provided the information.

We comply with applicable legal requirements providing adequate safeguards for the transfer of Personal Data to countries other than the country where You are located. In particular, we may transfer Personal Data to countries for which adequacy decisions have been issued by the European Commission, or the Secretary of State in the U.K. or other relevant bodies in other jurisdictions or use contractual protections for the transfer of Personal Data to third parties, such as the European Commission’s Standard Contractual Clauses. You may contact us to obtain a copy of the safeguards we use to transfer Personal Data outside the EEA or the U.K.

8. Sharing of Personal Data

VALLOUREC is the sole recipient of the data collected. VALLOUREC will only send Your Personal Data to third parties in the following cases:

  • You have given Your consent or directed us to share this information with third parties.

  • VALLOUREC receives a request from a legal authority, or any other administrative authority authorized by law and requesting this information in accordance with the legislative provisions in force, or where we believe in good faith that the disclosure of Personal Data is required to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our applicable policies.

  • We are sharing or providing access Your Personal Data with certain thirdparty service providers that provide services to us such as Amazon Web Services, Google and Bing and performing services relating to VALLOUREC’s IT services and applications (hosting, storage and IT maintenance services in particular). These third-party service providers act only on instructions from VALLOUREC and will be bound by the same security and confidentiality obligations as VALLOUREC.

  • In the event that another company acquires a controlling interest in VALLOUREC, or if we experience another change of control event, such as a merger, insolvency, bankruptcy or receivership, we reserve the right to include any or all user-related information, including Personal Data, among the assets transferred to the acquiring company. We may further share Your Personal Data with other entities that we plan to merge with and/or be acquired by. Should such circumstances arise, we will require that the new combined entity follow this Personal Data Protection Policy with respect to Your Personal Data. You will receive prior notice of any change in the applicable policies

9. Security Measures

VALLOUREC uses a combination of physical, technical, organizational and administrative security controls designed to maintain the security of Your Personal Data and protect it against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse and any other unlawful form of processing of the Personal Data in our possession. Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for Your rights and freedoms posed by the processing of Your Personal Data, we use commercially reasonable physical, administrative and technological methods to transmit Your Personal Data securely and store Your Personal Data. However, as the Site is hosted electronically, we can make no guarantees as to the security or privacy of Your Personal Data.

10. Your Rights Regarding Your Personal Data 

Under Applicable Data Protection laws, Users may have certain rights with regard to their Personal Data, including, where applicable:

  • Request access to and rectification of Your Personal Data.

  • Correct Personal Data that we hold where it is incomplete or inaccurate.

  • Restrict the processing of Your Personal Data in certain circumstances.

  • Object to the processing of Your Personal Data in certain circumstances, including where we process Personal Data for direct marketing purposes or where we have processed such data on the basis of our legitimate interests.

  • Request that we erase Your Personal Data under certain circumstances.

  • Ask for a copy of Your Personal Data to be provided to You, or to a third party, in an accessible, commonly used, machine readable format.

  • Withdraw Your consent to the processing of Your Personal Data at any time (where applicable).

  • Where applicable, lodge a complaint at any time about the processing of Your Personal Data with Your local data protection authority. For Users located in the EU/EEA, to find the contact information for Your country’s data protection authority or similar body, please refer to the list provided on the European Commission’s website.

11. Updates to the Policy

Use of the Site is subject to the Policy in force at the time of use.

From time to time, VALLOUREC may modify the Policy according to its needs or if it is required to do so by applicable law or regulations. These updates will be made without advance warning and will be circulated online.

The previous Policy will then be terminated by operation of the law and replaced by the new version, which will be made immediately enforceable for any User from the date it is put online. 

12. Questions / Contact

To exercise Your rights, or for any question regarding the collection or processing of Your Personal Data, please contact us by e-mail at: data.protection@behub-e.com.

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