General Terms
and Conditions of Use (GTCU)
Welcome to
https://dataportal.totalenergies.com (hereinafter the “Website”). You agree to
read and accept, without limitation or reservation, this document (hereinafter
the “General Terms and Conditions of Use” or “GTCU”) by ticking the box
provided for this purpose when you first connect to the Website. You also agree
to read the personal data and cookies policy available on the Website. Please
note that if you visit other TotalEnergies company websites, different general
terms and conditions of use and personal data and cookies policies, or any
other document relating to the protection of personal data, may apply to those
websites, and we recommend that you consult them.
The companies of the TotalEnergies Company have their own legal
existence and independent legal status. The company publishing the Website
(hereinafter the “Website Publisher”) belongs to the TotalEnergies Company. The
terms “TotalEnergies”, “TotalEnergies Company” and “Company” generally refer to
TotalEnergies SE and/or all of its subsidiaries; a subsidiary being a company
in which TotalEnergies SE directly or indirectly holds a majority of the voting
rights. It is recalled that each Company entity has its own legal existence and
independent legal status. Likewise, the terms “we”, “our” and “us” refer to the
Website Publisher or any other company of the TotalEnergies Company in general.
Nothing may be inferred from the mere use of these expressions as implying any
involvement of TotalEnergies SE, or any of its subsidiaries, in the business or
management of another company of the TotalEnergies Company.
The key rules for using the Website:
·
Do not publish data with a
confidentiality level higher than C2
·
Do not provide information that makes
it possible to identify, directly or indirectly, a natural person (personal
data)
·
Do not publish unlawful or sensitive
content
·
Do not make insulting or
disrespectful remarks
1. Legal notices
1.1. Website Publisher
TotalEnergies Global IT Services makes this platform available to
TotalEnergies affiliates so that they can share datasets and their metadata.
TotalEnergies Global IT Services, a simplified joint-stock company with
share capital of €6,577,787.00, whose registered office is located at 2 place
Jean Millier, 92400 Courbevoie, France, and registered with the Trade and
Companies Register of Nanterre under number 531 680 437.
EU VAT number: FR95531680437
Email address: gs-adminsods@totalenergies.com
Publication Directors:
Maxence Manevi, Paul Cordier
1.2. Website Provider
Opendatasoft (trade name of the publisher: Huwise), a simplified
joint-stock company with share capital of €399,679.00, whose registered office
is located at 32 Avenue de l’Opéra, 75002 Paris, France, and registered with
the Trade and Companies Register of Paris under number 538 168 329.
EU VAT number: FR42538168329
1.3. Website Hosting Provider
Amazon Web Services EMEA, a simplified joint-stock company, whose
registered office is located at TOUR CARPE DIEM, 31 PLACE DES COROLLES, 92400
COURBEVOIE.
Phone/email: +33 (0) 7 51 15 81 64
2. Definitions
The terms and expressions identified by a capital letter in the GTCU
have the meanings given below, whether used in the singular or plural:
“Account”: means the unique
space reserved for the User, accessible once registration has been completed
and allowing the User to use the services offered on the Website.
“Contribution”: means any type
of content (in particular text, image, video, sound, etc.) published by a User
on the Website.
“Profile”: means the interface
made available to a User and accessible to other Users, containing the
description provided by that User and including photos and/or videos.
“User”: means any person who
has an Account and accesses the Website. All users have rights to view content.
Some users also have contribution rights.
3. Access and registration
The GTCU have been drafted to govern
the use of the Website. In the field of technology and communication, they
complement the charters and other texts applicable within the Company: Code of
Conduct, internal regulations, IT resources usage charter, etc.
Every User of the Website must comply
with the principles laid down by the GTCU, which define a general and common
framework for all in order to prevent inappropriate use of the Website. They
apply to all the Website’s functionalities.
3.1
Conditions for accessing the Website
Each User declares that they comply with the GTCU and
the laws in force, and in particular:
·
have the skills and resources necessary to access and use the Website;
·
consent, where applicable, to the Website Publisher and its partners
using the information provided (other than personal data);
·
verify that the internet configuration used does not contain any virus
and is in perfect working order;
·
keep confidential the access codes and passwords that the Website
Publisher may provide to the User and consequently be responsible for their use
and security. The Website Publisher reserves the right to suspend access to the
Website in the event of fraudulent use or attempted fraudulent use of such
access.
3.2 Registration procedure for the
Website
To use the Website, the User connects automatically to the Website via
the Company’s EntraID SSO solution.
4. Use of the Website and User
undertakings
4.1 Use of the Website
On the Website, the User will be able
to:
·
Explore published
datasets and their metadata
·
Export published datasets
and their metadata
·
For users with
contribution rights, publish datasets and their metadata
·
Contact the Website administrator
4.2 User undertakings
The User acknowledges that:
·
the GTCU apply to any
User authorized to use the Website;
·
the Website is intended
for professional use;
·
each User is identified
and expresses themselves in their own name on the Website.
If, by exception, a User is required
to speak on behalf of their department, this must be explicitly stated in their
Contribution and validated in advance by their management.
·
each User is personally
and legally responsible for the content, statements and information they choose
to share or disseminate via the Website;
·
it is prohibited to
disseminate, send or share confidential or sensitive information in accordance
with the duties of loyalty, discretion and confidentiality incumbent on each
User under the rules applicable to them. Contributions on the Website fall within
the scope of the Information Assets Security Policy (PSPI – accessible on the
WAT portal) intended to protect sensitive data generated, held or exchanged by
all Company entities. Information classified above level 2 in terms of
confidentiality under the PSPI may not transit through the Website.
·
any User who identifies
inappropriate content may request its amendment or deletion via the Website’s
“Contact” page (https://dataportal.totalenergies.com/pages/contact/)
The User also undertakes to:
·
protect personal data in
accordance with applicable law and internal standards. They shall refrain from
any use that would be contrary to the regulations in force, public policy and
accepted standards of conduct;
·
provide accurate,
complete, sincere and unambiguous information and, where necessary, keep it
updated in the event of changes;
·
hold all rights and
authorizations necessary for the provision of the information and content
provided.
4.3 Rules relating to User
Contributions
The User must ensure the quality and
relevance of their Contributions. Each User is recommended to support their
statements with reliable and tangible references. Each User is reminded that
their Contributions may not be attributed to a Company entity or engage its
liability.
The User undertakes not to make
statements or share any manifestly unlawful content, in particular content that
is racist, xenophobic, discriminatory, malicious, crude, insulting, defamatory,
hateful, obscene or violent. They shall also refrain from infringing
third-party rights: privacy, intellectual property and personal data
protection.
They must ensure that they have all
rights and authorizations necessary to publish the Contribution, in particular
with regard to Article 5 below. For example, if the intended Contribution is
protected by copyright and the User does not hold the rights and authorizations
(from the author or rights holders) necessary for its publication, the User may
only publish the hyperlink directing to the protected content.
Topics relating in particular to
sexuality, politics, criminal activities, drugs, alcohol and tobacco, gambling,
and religion are prohibited, as is the use of the Website’s functionalities for
commercial and advertising purposes.
The Website is intended for Users
worldwide, with values and codes of conduct that may not be the same for
everyone. Each User’s statements and Contributions must therefore be respectful
of all and comply with the Company’s values.
To ensure content remains legible and
understandable for everyone, each User must pay attention to their language,
write messages in intelligible language, and endeavor to use syntax and
spelling that are as correct as possible (no abbreviations or text-message
language).
The Website Publisher reserves the
right to delete any Contribution likely to contravene the law, the GTCU and the
texts to which they refer, as well as any off-topic, repeated or coarse
comment.
5. Intellectual property
5.1. Principle
All information or documents (whether text, animated or non-animated
images, sounds, photographs, know-how or products referred to) contained on the
Website, as well as all elements created for the Website and its overall
structure, are either the property of the Website Publisher or of the
TotalEnergies Company, or are subject to rights of use, reproduction and
representation granted for their benefit. Such information and elements are
protected by the laws governing copyright once they are made available to the
public on this Website. No licence or right other than the right to consult the
Website is granted to any person with regard to intellectual property rights.
Reproduction of the information is authorized solely for information purposes
for personal and private use. Any reproduction and any use of copies made for
other purposes are expressly prohibited and subject to the prior express
authorization of the Website Publisher. In all cases, authorized reproduction
of the information must indicate the source and the appropriate proprietary
notice.
5.2. Distinctive signs
Unless otherwise stated, the corporate names, logos, products and
trademarks mentioned on the Website are the property of the Website Publisher
or of the TotalEnergies Company, or are subject to rights of use, reproduction
or representation granted for their benefit. They may not be used without the
prior written authorization of the Website Publisher.
5.3. Databases
The databases made available to you are the property of the Website
Publisher, who is the producer of the databases. You are prohibited from
extracting or reusing a qualitatively or quantitatively substantial part of the
databases, including for private purposes.
5.4. Photo and video credits
The User undertakes to use only royalty-free photographs or photographs
sourced from the TotalEnergies media center.
5.5. User Contribution
Contributions are made free of charge and give rise to no remuneration.
By publishing a Contribution on the Website, the User warrants that they are
the author of it or that they hold the rights authorizing them to publish it.
Once the User decides to publish a Contribution on the Website, the User
accepts, in view of the Website’s community nature and functionalities, that
the Contribution may be stored, accessed and viewed by other Users, and grants
the Website Publisher the rights of reproduction, representation, adaptation
and translation relating to the Contribution on all or part of the Website and,
more generally, on any communication medium (including digital, analog or
paper) and by any means of communication (including on the internet or any other
electronic communication means), within the framework of the Website. This
authorization is non-exclusive, free of charge, valid worldwide and for the
full legal duration of the applicable protection rights. The User agrees that
the Website Publisher may extend or grant to its partners the same rights as
those referred to above, in whole or in part.
6. Hyperlinks
6.1. Activation of links
The Website Publisher formally disclaims any liability regarding the
content of websites to which it provides links or to which Users redirect
others in their Contributions. Please consult the general terms and conditions
of use and the personal data and cookies policy, or any other document relating
to the protection of personal data, of those websites in order to understand
their practices. The decision to activate links rests exclusively with Users.
The Website Publisher may modify or remove a link on the Website at any time.
6.2. Authorization of links
If you wish to create a hyperlink redirecting to this Website, you must
obtain the Website Publisher’s prior written authorization by using the contact
details provided at the end of the GTCU.
7. Warnings
7.1. Liability
The information and recommendations available on this Website
(hereinafter the “Information”) are provided in good faith. They are deemed to
be accurate at the time they are published on the Website. However, the Website
Publisher does not guarantee that such Information is exhaustive or accurate.
You fully assume the risks associated with the reliance you place on it. This
Information is provided on the condition that you, or any other person
receiving it, may determine its suitability for a specific purpose before using
it. Under no circumstances shall the Website Publisher be liable for any damage
that may result from reliance on or use of such Information. This Information
must not be considered as recommendations for the use of information, products,
procedures, equipment or formulations that would infringe any intellectual
property right. The Website Publisher disclaims any express or implied
liability if the use of such Information infringes an intellectual property
right.
The Website Publisher, and any company of the TotalEnergies Company,
categorically rejects any interpretation that would equate the content of its
websites with offers to purchase or solicitations to acquire listed or unlisted
shares or other securities of the Website Publisher or of any other company of
the TotalEnergies Company. No warranty, express or implied, is given as to the
merchantable nature of the Information provided, or its suitability for a
specific purpose, or with regard to the products referred to in such
Information. Under no circumstances does the Website Publisher undertake to
update or correct the Information distributed on the internet or on its web
servers. The Website Publisher reserves the right to modify or correct the
content of its websites at any time without prior notice.
The Website Publisher does not guarantee, without this list being
exhaustive, that the Website will operate without interruption or that the
servers providing access to it and/or third-party sites accessible via
hyperlinks are free of viruses.
7.2. Forward-looking information and statements
The documents presented on this Website may contain forward-looking
information about the Company (including objectives and trends), as well as
forward-looking statements within the meaning of the Private Securities
Litigation Reform Act of 1995, particularly concerning the financial position,
operating results, activities and strategy of TotalEnergies.
The forward-looking information and statements contained in these
documents are based on economic data and assumptions made in a given economic,
competitive and regulatory environment. They may prove to be inaccurate in the
future and depend on risk factors likely to cause a significant difference
between actual results and those contemplated, including, in particular,
fluctuations in exchange rates, the price of petroleum products, the ability to
achieve cost reductions or efficiency gains without undue disruption to
operations, environmental regulatory considerations, and general economic and
financial conditions. Likewise, certain financial information is based on
estimates, in particular when assessing the recoverable value of assets and the
amounts of any asset impairments.
Neither TotalEnergies nor any of its subsidiaries undertakes or assumes
responsibility vis-à-vis investors or any other stakeholder to update or
revise, in particular as a result of new information and/or future events, all
or part of the statements, forward-looking information, trends or objectives
contained in these documents. Additional information concerning factors, risks
and uncertainties likely to have an effect on the Company’s financial results
or activities is also available in the most recent versions of the Document de
référence / Universal Registration Document filed in France with the Autorité
des marchés financiers and the annual report on Form 20-F filed in the United
States of America with the Securities and Exchange Commission (“SEC”).
8. Updates to the GTCU and applicable law
The Website Publisher may update the Website GTCU at any time.
Consequently, the User is invited to refer regularly to the latest GTCU in
force available on the Website.
If one or more provisions of the GTCU were to prove
unenforceable or prohibited under a public policy regulation, the other
unaffected provisions of the GTCU shall remain applicable to the User to the
extent permitted by such regulation.
The GTCU are governed by French law and fall within the jurisdiction of
the competent French courts.
9. Contact
For
any question relating to the Website GTCU, you may contact us at the following
email address: GS-AdminsODS@totalenergies.com.