Preamble

1.1. These General Terms and Conditions of Use (hereinafter the “GTCU”) describe the terms and conditions under which ADEME provides the actinitiative platform to the user (hereinafter the “user”), accessible at the following address: https://actinitiative.org/en/

1.2. Use of the platform is subject to reading and acceptance of these general terms and conditions of use in their entirety.

1.3. Users have the option of reproducing and storing these GCU using the standard functions of their browser or computer.

1.4. Any such reproduction and/or storage is the sole responsibility of the user.

1.5. The user declares that he/she has full legal capacity to enter into commitments under these GCU.

1.6. The user acknowledges that access to the platform requires unconditional compliance with all the conditions of use defined herein.

1.7. The user acknowledges that he/she is aware of the nature and terms of use of the platform, and that he/she has requested and obtained from ADEME the information necessary to use the platform with full knowledge of the facts.

1.8. The content of the platform is not the sole responsibility of ADEME. Users accept and acknowledge that they alone are responsible for the information, texts, data, files, etc. that they publish.

Contract concluded in electronic form

2.1. The user acknowledges that he/she has been fully informed of the fact that his/her agreement to the content of these GCU does not require the handwritten signature of this document, but results from his/her online acceptance alone.

2.2 Consequently, it is expressly agreed that online acceptance of these GCU constitutes formal acceptance and is contractually binding on both parties.

Definitions

The terms defined below shall have the following meaning between the parties:

“Platform

Digital space accessible via the https://actinitiative.org/en/ website, enabling users to consult, fill in and use the ACT Initiative reference systems, follow the associated methodologies and indicators in order to build and manage transition plans, and consult content.

“Organisation Profile

An area specific to an organisation (company, local authority, institutional player, etc.) where one or more users who are members of the profile can obtain information and consult methodologies, roadtests and indicators for a transition plan.

“User

Any natural person with an account enabling them to access the Platform.

Under an Organisation Profile, users can have the following functions:

  • Collaborator: member of the organisation contributing to the ACT process.
  • Consultant: external service provider mandated to assist the organisation in its ACT assessment or support.
  • Partner: external player (institution, network, federation, funder, etc.) involved in or supporting an organisation’s approach.

“Access

Set of rights assigned to a user in an Organisation Profile. There are several levels of access:

  • Admin: complete management of the Organisation Profile (managing members, modifying information, setting parameters, deleting access).
  • Editing: modifying reference systems, indicators and action plans, and inviting new members.
  • Read: read-only access to all content in the Organisation Profile.
  • Visit: consultation restricted to certain parts of the Organisation Profile, in particular for assessors or auditors.

“Identity

Surname, first name, email address, organisation and place of work entered by a member of the ACT team, enabling them to be identified on the Platform and facilitating contact by a prospect.

ACT Methodology Suite

Objectives and aims

The ACT methodologies, frameworks, publications and roadtest are all part of the methodological framework enabling organisations to assess their climate maturity and performance, build appropriate transition plans and manage their low-carbon trajectory.

They are :

  • a framework for structuring climate initiatives,
  • a tool for self-diagnosis and continuous improvement,
  • an assessment tool for recognition purposes (labelling, grading, etc.).

Available content

The ACT Reference Frameworks cover a range of themes and business sectors, and the tools and resources available on the Platform are constantly evolving.

The reference documents are accompanied by :

  • user guides,
  • examples of good practice,
  • documentary resources,
  • tools to help draw up and monitor action plans.

Recognition and measurement instruments

The ACT Initiative Platform offers assessment tools to help organisations :

  • to obtain an ACT score,
  • monitor their progress,
  • access to labelling or contractualisation schemes.

International framework

The ACT Initiative is part of an international framework supported by ADEME and CDP, which aims to standardise and promote best practice in climate assessment for organisations.

All ACT guidelines and methods respect this framework and can be used in national or international contexts.

Object

The purpose of these GCU is to define the terms of use of the platform accessible at https://actinitiative.org/en/.

If the User does not wish to accept all or part of these General Terms and Conditions, they will not have access to the Service.

Entry into force – Duration

5.1. Use of the https://actinitiative.org/ website implies full acceptance of the general conditions of use set out below.

5.2. These GCU come into force as soon as they are accepted online by the user.

5.3. These conditions of use may be amended or supplemented at any time, so users of the https://actinitiative.org/ website are advised to consult them regularly.

5.4. Any use of the platform after these GCU have been amended implies the user’s acceptance of the new GCU.

Cancellation

ADEME reserves the right to permanently delete all or part of the actinitiative platform and to terminate the user’s use of the platform at any time.

Free service

The actinitiative platform is available free of charge.

All costs of access to the platform shall be borne by the user.

Suspension of access to the platform

The ACT team and ADEME reserve the right, without prior notice, to temporarily suspend access to all or part of the platform for technical reasons related in particular to the need to update, modify or maintain the platform and, in general, for any other technical and/or organisational and/or security reasons.

Obligations of users

9.1. The user undertakes to use all necessary means to protect his/her computer workstation against any computer virus attack. The user will be held responsible for any damage resulting from non-compliance with best practice in terms of virus protection.

9.2. The following are formally prohibited on the platform, without this list being exhaustive: any document and/or any message:

  • unrelated to the subjects covered,
  • that is defamatory, insulting, inappropriate, abusive, hateful, racist, xenophobic, paedophilic, homophobic, revisionist or damaging to the honour or reputation of others, or that threatens a person or group of persons,
  • enabling users to obtain, directly or indirectly, pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, any software or other tool enabling the rights of others and the security of persons and property to be infringed,
  • to download, post or transmit in any way whatsoever any content containing computer viruses or any code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer or electronic communications tool, without this list being exhaustive,
  • aiming to encourage, help, peddle or spread rumours in any way whatsoever and/or violating the privacy of correspondence and thereby infringing the rights of third parties,
  • which directs users directly (hypertext link) or indirectly to Internet sites which may not comply with applicable legislation, in particular the provisions of this article, or which encourages users in its messages to consult said sites,
  • to use the platform for commercial purposes or, more generally, to offer products and services that directly or indirectly remunerate a third party,
  • using the emails of other users or third parties for spamming or any other operation aimed at damaging the normal operation of the collaborative working platform and the emails of its users,
  • to commit any action that has a disruptive effect and/or hinders the platform’s availability,
  • constituting an infringement.

9.3. The ACT team shall be entitled to delete without notice any document and/or message that violates these GTC and, more generally, the laws and regulations in force.

9.4. The ACT team also reserves the right to suspend, limit or remove access to the platform by the offending user.

Responsibilities

10.1. ADEME may not be held responsible for any content (contrary to the obligations as defined herein) disseminated on the actinitiative platform by users who are solely responsible for such content.

10.2. ADEME may not be held liable for any transmission difficulties, temporary or total unavailability of all or part of access to the platform, difficulties linked to response times or, more generally, any disruption to the Internet network.

10.3. The user acknowledges and accepts, without this list being exhaustive, that :

  • ADEME does not guarantee continuous and permanent access to the platform due to the specific nature of the Internet network,
  • ADEME does not guarantee the security of the data collected and processed as part of the operation of the platform in view of the particularities of the Internet network and the limits presented by the network in terms of security.

10.4. Hypertext links may lead to websites whose content is the sole responsibility of the operators and owners of these sites.

10.5. ADEME therefore declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.

Identifier management

11.1. To access the actinitiative platform and its online tool, the user may be required to have an identifier and a password (those requested when creating an account) to authenticate himself.

11.2. Users are solely responsible for the confidentiality, safekeeping and use of their password.

11.3. The user undertakes to take all necessary measures to ensure that this information remains completely confidential.

11.4. The user undertakes not to communicate, transfer, sell or rent his/her identifier to a third party.

11.5 In any event, any use of the user’s identifier by the user shall give rise to an irrefutable presumption that the user has used the platform.

11.6 The user undertakes not to appropriate the identifier of another user.

Intellectual property

ADEME intellectual property

12.1. ADEME grants the user a right to use the methodologies and articles provided on the platform.

12.2. The user undertakes to respect all of ADEME’s property rights and shall refrain from creating any analogy in the public mind, particularly for commercial purposes.

12.3. To this end, the user undertakes to take all necessary measures to protect the said rights against any third party and, in particular, to maintain in good condition all indications of ownership on all data, information and, more generally, on the Reference Frameworks that can be consulted on the actinitiative platform.

Intellectual property of the user

12.4. The user guarantees that he/she holds the intellectual property rights to all content provided and integrated by him/her into the platform, in particular documents, information, files and data, distributed and shared on the platform with other users, and that he/she has not assigned or granted similar rights to said content to third parties.

12.5. Consequently, the user undertakes to deal personally with any claim, procedure or action brought by a third party claiming intellectual property rights over the content disseminated and will consequently be liable for any penalties that may be imposed on ADEME as a result of this claim, action or procedure.

12.6. The user who has contributed and distributed content within the platform authorises ADEME to re-use the content for the following rights:

  • the right to reproduce, in any number, all or part of the content, on any medium, known or unknown, current or future, including paper, digital or any other computer or electronic medium and telecommunications;
  • the right to reprocess and adapt, evolve, create new versions or new developments of the content, maintain, modify, assemble, transcribe, arrange, digitise, edit, amputate, condense, migrate and extend it;
  • the right to represent, distribute or arrange for the distribution of the content by any electronic, digital, computerised or telecommunications means and/or media, known or unknown to date, to any public.

Confidentiality

13.1. The user undertakes to respect the most absolute obligation of secrecy and confidentiality with regard to any confidential information that may come to their knowledge on the platform.

13.2. In this respect, the user undertakes not to allow any third party access to the platform, and not to communicate any of this confidential information to any third party.

Personal data

14.1. ADEME may collect personal data concerning users as part of accessing and using the platform. The personal information requested from each user is limited to what is strictly necessary:

  • User identity (required)
  • User contact: e-mail (required), telephone (required)
  • User job title (optional)

14.2. This information is collected for the performance of this electronic contract and for the proper operation of the platform, for the purposes of the ACT

14.3. Personal data collected as part of the services offered on the platform are processed using secure protocols by ADEME and the ACT team.

14.4. For any information or to exercise your rights regarding the processing of personal data managed by ADEME, you may contact its Data Protection Officer (DPO):

  • by post, signed and accompanied by a copy of an identity document, to the following address ADEME Délégué à la Protection des Données/Data Protection Officer 20, avenue du Grésillé – BP 90406 – 49004 Angers Cedex 01
  • by e-mail: rgpd@ademe.fr

14.5. ADEME is committed to protecting the privacy of users of its websites, collaborative spaces and mobile applications. We undertake to use the information communicated when you register on this site only for the processing necessary for its operation and to carry out occasional user surveys, enabling us to improve the relevance and quality of the information processed and disseminated.

For more information,consult ADEME’s personal data protection policy.

Applicable law in the event of a dispute

15.1. These GCU are governed by French law.

15.2 In the event of a dispute, the competent courts will have jurisdiction.