Last update: February 13, 2025
Introduction
POSITIVE SOLUTIONS is the publisher of the FOODPILOT, WINEPILOT and POSITIVEPILOT platforms (" the Platform "), SaaS ("Software as a Service") platforms that offer data collection services, assessment of the environmental, social and economic impacts of their activities and implementation of action plans and trajectories aimed at reducing this footprint throughout the supply chain. By accessing the Platform, you accept without reservation the present General Terms of Use (" GTU ").
Terms of use
| Platform Editor | Platform host | Publishing Director |
| POSITIVE SOLUTIONS Société par actions simplifiée RCS Montpellier n° 918 987 652 73, Allée Kleber 34000 MONTPELLIER contact@food-pilot.eu 06 71 58 80 61 | Amazon Web Services EMEA SARL Société à responsabilité limitée (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 individual or legal entity accessing the Platform as part of their professional activities.
User Data: information entered by the User to use the Platform Services.
Services: the functionalities offered by the Platform, including carbon footprint assessment, calculation of key indicators relating to environmental, social and economic impact, implementation and management of action plans and associated advice.
3. Purpose of the GCU
The purpose of these GCU is to define the terms and conditions of use of the Platform. They govern the rights and obligations of the User and the publisher of the Platform (" the Publisher ").
4. Access to and use of the Platform
4.1. Eligibility
The Platform is reserved for companies and professionals. The User guarantees that the personal information provided at the time of registration is accurate.
4.2 Terms of access
The Platform can be accessed :
- Via an SSO portal without re-authentication, when the User is a member of an inter-professional organization or belongs to a company that provides such a tool. Access via an SSO portal relies on secure mechanisms provided by third parties. The Publisher declines all responsibility in the event of malfunctioning of the services provided by these third parties.
- Authentication with e-mail address and password.
4.3. Restrictions on use
The User undertakes to use the Platform solely for his 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 environmental, social and economic impact of the User's activities
The Platform calculates the carbon footprint and environmental, social and economic impact of the User's activities on the basis of data entered by the User or integrated directly via API or file export.
5.2. Questionnaires
Users enter data relating to their activities via questionnaires predefined by the Publisher.
5.3. Scores and key indicators
The results obtained are presented in the form of scores and key indicators, based on data entered by the User.
5.4. Comparisons
Users can compare their scores with those of other Users or with the average of a reference group (geographical sector, type of activity, company size). This feature requires the User's express consent to the anonymized reuse of his/her data.
5.5. Simulation service
The Platform offers a simulation tool for entering forecast data and simulating key scores and indicators, with the option of comparing with actual activity.
5.6 Technical support
A ticketing system is in place to ensure efficient follow-up of support requests. Users can submit their requests via the Platform or by e-mail to support@foodpilot.freshdesk.com.
6. User data
6.1. Data processing
The Platform collects User Data entered via forms, simulation tools and other interactive modules. This data includes information relating to practices, energy consumption, greenhouse gas emissions, as well as economic and environmental parameters associated with Users' activities.
6.2 Purpose of processing
User Data is processed for the purpose of :
- Provide Platform services, including environmental, social and economic impact assessments and customized recommendations.
- To enable statistical and anonymous comparisons and analyses with other Users or reference groups of Users.
- Generate dashboards and reports that can be used by the user.
- Improve the services offered by the Platform.
6.3. Anonymization and aggregation
When User Data is used for comparison or statistical analysis, it is anonymized and aggregated to ensure that no personal or operation-specific information 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 loss, misuse, unauthorized access or disclosure.
6.5. Data sharing
User Data is not shared with third parties without the User's prior consent, unless required by law or regulation.
For the purposes of statistical comparisons or analyses, only anonymized and aggregated data may be shared with partners or third-party 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 to User Data:
- Right of access: obtain a copy of the User Data concerning him/her.
- Right of rectification: request correction of inaccurate or incomplete data.
- Right to erasure: request the deletion of data when its retention is no longer necessary.
- Right to portability: receive data in a structured, commonly used and machine-readable format.
- Right to object: object to the processing of your data in certain cases.
- Right to limitation: request temporary suspension of data processing.
Requests should be sent to the following e-mail address: gregory.besson@food-pilot.eu
Further information on the protection of personal data: POSTIVE SOLUTIONS privacy policy
6.7. Shelf life
User Data is retained for the time necessary to provide the Services and to comply with applicable legal obligations. In the event of account deletion or prolonged inactivity, data may be permanently deleted, unless otherwise required by law or regulation.
7. Obligations and responsibilities
7.1. Responsibility of the Publisher
The Publisher makes every effort to ensure the proper operation of the Platform but does not guarantee uninterrupted availability or that the Services will be error-free.
7.2. Intended use
The User undertakes not to use the Platform in a manner that is abusive, fraudulent or contrary to these GCU.
7.2. Limitation of liability
The results and advice provided by the Platform are based on data entered by the User and available reference databases. These results are provided for information purposes only and do not constitute a guarantee of performance or regulatory compliance on the part of the Publisher. In particular, the Publisher does not guarantee that use of the Platform alone will enable compliance with legal and regulatory provisions concerning the calculation of greenhouse gas emissions or Bilan Carbone©.
In no event shall the Publisher be liable for any indirect, special or consequential damages resulting 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 its partners who have granted rights of use.
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 exclusively in the context of its professional activities and in accordance with the terms of these GCU. 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 GCU, the Publisher reserves the right to suspend or terminate the User's access to the Platform, without prejudice to any action for liability and compensation for damages suffered.
8.5. Report a breach
Any User who suspects an infringement of his or her rights or the rights of the Publisher must notify the Publisher of this situation as soon as possible, providing relevant details.
9. Termination and management of dormant 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. Prior to any deactivation, a warning will be sent to the User by e-mail at least 30 days before the scheduled date of deactivation. This e-mail will contain instructions on how to reactivate the account to avoid deactivation.
9.2 Cancellation
The User may cancel his subscription at any time from his 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 as required by law.
10. Modification of the GTCU
The Publisher reserves the right to modify these GCU at any time. Users will be informed of any changes via a notice published on the Platform. Continued use of the Services after notification shall constitute acceptance of the new GTU.
11. Applicable law and jurisdiction
These GCU are governed by French law. In the event of a dispute, the parties agree to submit to the exclusive jurisdiction of the competent courts.