Last updated: February 13, 2025
Introduction
POSITIVE SOLUTIONS is the publisher of the FOODPILOT, WINEPILOT and POSITIVEPILOT platforms (the « Platform »), SaaS platforms (« Software as a Service ») that offer data collection services, assessment of the environmental, social and economic impacts of their activities, and the implementation of action plans and trajectories aimed at reducing this footprint, throughout the supply chain. By accessing the Platform, you unconditionally accept these Terms and Conditions of Use (the « Terms of use »).
Legal information
| Platform Editor | Platform Host | Publishing Director |
| POSITIVE SOLUTIONS Simplified joint-stock company Montpellier Trade Register no. 918 987 652 73, Allée Kleber 34000 MONTPELLIER contact@food-pilot.eu 06 71 58 80 61 | Amazon Web Services EMEA SARL Limited liability company (SARL) 831 001 334 R.C.S. Nanterre 38 avenue John Kennedy L1855 Luxembourg | Didier LIVIO, CEO 73, Allée Kleber 34000 MONTPELLIER contact@food-pilot.eu |
Definitions
User : any legal entity or natural person accessing the Platform in the course of their professional activities.
User Data : the information entered by the User to use the Platform’s Services.
Services : the features offered by the Platform, including in particular carbon footprint assessment, the calculation of key indicators relating to environmental, social and economic impact, the implementation and management of action plans, and related advisory services.
3. Purpose of the Terms
The purpose of these Terms is to define the conditions and procedures for using the Platform. They govern the rights and obligations of the User and of the publisher of the Platform (the « the Publisher »).
4. Access to and use of the Platform
4.1. Eligibility
The Platform is reserved for businesses and professionals. The User warrants that the personal information provided at the time of registration is accurate.
4.2. Access procedures
Access to the Platform may be obtained:
- Through an SSO portal without re-authentication, where the User is a member of an interprofessional organization or belongs to a company providing them with such a tool. Access via an SSO portal relies on secure mechanisms provided by third parties. The Publisher disclaims any liability in the event of a malfunction of the services provided by these third parties.
- Through authentication with an email address and password.
4.3. Use restrictions
The User undertakes to use the Platform solely in the course of their professional activities and not to reproduce, copy or exploit the content provided by the Platform for any other purpose.
5. Services provided
5.1. Assessment of the carbon footprint and of the environmental, social and economic impact of the User’s activities
The Platform enables the calculation of the carbon footprint and of the environmental, social and economic impact of the User’s activities, based on data entered by the User or imported directly via API or file export.
5.2. Questionnaires
Users enter the data relating to their activities through questionnaires predefined by the Publisher.
5.3. Scores and key indicators
The results obtained are presented as scores and key indicators, based on the data entered by the User.
5.4. Comparisons
Users may compare their scores with those of other Users or with the average of a reference group (geographic sector, activity type, company size). This feature requires the User’s express consent for the anonymized reuse of their data.
5.5. Simulation service
The Platform offers a simulation tool that allows forecast data to be entered and key scores and indicators to be simulated, with the possibility of comparing them against actual activity.
5.6 Thecnical support
A ticketing system is in place to ensure efficient follow-up of support requests. Users may submit their requests through the Platform or by email at support@foodpilot.freshdesk.com
6. User Data
6.1. Data processing
The Platform collects User Data entered by the User through forms, simulation tools and any other interactive module. This data includes information relating to practices, energy consumption, greenhouse gas emissions, as well as the economic and environmental parameters associated with the Users’ activities.
6.2. Purposes of processing
User Data is processed for the purpose of:
- Providing the Platform’s services, including the assessment of environmental, social and economic impacts and personalized recommendations.
- Enabling comparisons and anonymous statistical analyses with other Users or reference User groups.
- Generating dashboards and reports usable by the User.
- Improving the services offered by the Platform.
6.3. Anonymization and aggregation
When User Data is used for comparison or statistical analysis purposes, it is anonymized and aggregated to ensure that no personal information or information specific to an operation can be identified.
6.4. Data storage and security
User Data is stored on secure servers in accordance with industry standards and applicable regulatory requirements. The Publisher implements appropriate technical and organizational measures to protect data against any loss, misuse, unauthorized access or disclosure.
6.5. Data sharing
User Data is not shared with third parties without the User’s prior consent, except where required by law or regulation.
In the context of comparisons or statistical analyses, only anonymized and aggregated data may be shared with third-party partners or organizations.
6.6. User rights
In accordance with the General Data Protection Regulation (GDPR) and any other applicable legislation, the User has the following rights over User Data:
- Right of access: to obtain a copy of the User Data concerning them.
- Right of rectification: to request the correction of inaccurate or incomplete data.
- Right to erasure: to request the deletion of data when its retention is no longer necessary.
- Right to data portability: to receive data in a structured, commonly used and machine-readable format.
- Right to object: to object to the processing of their data in certain cases.
- Right to restriction: to request the temporary suspension of data processing.
These requests should be sent to the following email address: gregory.besson@food-pilot.eu
5. Services provided
6.7. Retention period
User Data is retained for as long as necessary to provide the Services and to comply with applicable legal obligations. In the event of account deletion or prolonged inactivity, the data may be permanently deleted, except where required by law or regulation.
7. Obligations and liabilities
7.1. Publisher's responsibilities
The Publisher uses its best efforts to ensure the proper operation of the Platform but does not guarantee uninterrupted availability or that the Services will be error-free.
7.2. Conformity of use
The User undertakes not to use the Platform in any abusive or fraudulent manner, or in a way contrary to these Terms.
7.3. Limitation of liability
The results and advice provided by the Platform are based on the data entered by the User and on the available reference databases. These results are provided for information purposes only and do not constitute any guarantee of performance or regulatory compliance on the part of the Publisher. In particular, the Publisher does not guarantee that the use of the Platform alone makes it possible to comply with legal and regulatory requirements regarding the calculation of greenhouse gas emissions balances or Bilan Carbone©.
Under no circumstances may the Publisher be held liable for any indirect, special or consequential damages arising from the use of the Platform.
8. Intellectual property
8.1. Ownership of rights
All content, data, algorithms, methods, tools, software and designs available on the Platform, including in particular the reports generated and the user interfaces, are the exclusive property of the Publisher or of its partners who have granted usage rights.
8.2. Legal protection
This content is protected by intellectual property laws, including but not limited to copyrights, patents, trademarks and trade secrets.
8.3. Strictly personal use
The User is authorized to access and use the Platform solely in the course of their professional activities and in accordance with the terms of these Terms. Any reproduction, modification, distribution, publication, transmission, or commercial or non-commercial exploitation without the prior written authorization of the Publisher is strictly prohibited.
8.4. Sanctions
In the event of a breach of this article and, more generally, of these Terms, the Publisher reserves the right to suspend or terminate the User’s access to the Platform, without prejudice to any liability action or claim for compensation for the damages suffered.
8.5. Reporting a breach
Any User who suspects an infringement of their rights or of the Publisher’s rights must notify the Publisher of this situation as soon as possible, providing relevant details.
9. Termination and management of inactive accounts
9.1. Inactive account
If an account remains inactive for three (3) years, the Publisher reserves the right to deactivate the account after informing the User. Before any deactivation, a warning will be sent to the User by email at least 30 days before the planned date. This email will contain instructions on how to reactivate the account to prevent its deactivation.
9.2. Termination
The User may terminate their subscription at any time from their account, subject to compliance with the notice conditions set out in the applicable general terms of service.
9.3. Consequences
In the event of termination, access to the Services is interrupted and User Data may be deleted or archived in accordance with legal obligations.
10. Amendments to the Terms
The Publisher reserves the right to amend these Terms at any time. Users will be informed of any changes via a notice published on the Platform. Continued use of the Services after notification constitutes acceptance of the new Terms.
11. Governing law and competent jurisdiction
These Terms are governed by French law. In the event of a dispute, the parties agree to submit to the exclusive jurisdiction of the competent courts.