I. LEGAL NOTICES

1 – Introduction

This site is owned and published by Touax Rail Limited, an Irish private company limited by shares whose registered Number is 351051, Registered Office : Bracetown Business Park, Clonee Co Meath, Ireland.

Tel: +353 1 877 27 17

The Director of Publication is the Director/General Manager.

Under no circumstances should any information presented on this website be construed as representing an offer of sale or purchase. Users of this site have sole responsibility for any use they may make thereof.

2 – Website hosting

This site is hosted by:

OVH, 2 rue Kellermann, 59100 ROUBAIX, France, R.C.S. LILLE 424 761 419.

II. TERMS AND CONDITIONS OF USE

3.1 – Copyrights

This site is an intellectual work. As such, as the owner of the intellectual property rights related to this site, Touax Rail Limited benefits from the protection and rights reserved by law.

All of the elements that you see, hear, or read on the site and the site itself are protected by copyright legislation. You may not under any circumstances use, distribute, copy, reproduce, modify, alter, or transmit the site or elements of the site such as text, images, or sounds without the express prior consent of Touax Rail Limited as its author.

Failure to comply with this prohibition constitutes an infringement that may incur civil and criminal penalties against which Touax Rail Limited reserves the right to claim compensation for any and all damages.

3.2 – Images displayed on the site

The images or photographs of people or places displayed on the site are the property of Touax Rail Limited or are used by Touax Rail Limited with the consent of the holders of the rights. The use of these images or photographs is prohibited without the specific express consent of Touax Rail Limited. Any unauthorized use may result in a violation of copyright, image rights, rights of persons, or any other regulations applicable to communications or advertising.

3.3 – Trademarks, other intellectual property rights

Touax Rail Limited or its affiliated companies are the owners of the rights attached to the trademarks, corporate names, commercial names, banner, and other Intellectual Property rights that are expressly recognized valid by all users.

The trademarks and logos appearing on the site are the property of Touax Rail Limited or require authorization to use. No right or license can be assigned to any one of these elements without the written permission of Touax Rail Limited or the third party that is the holder of the rights to the trademark or logo appearing on the site.

No mention is made of rights with respect to other trademarks, company names, commercial names, or signage, whether or not they are registered and that may be attached to certain words or signs used on this site. However, the absence of such a reference does not imply in any way that such trademarks, corporate names, commercial names, signage, or words are not protected.

It is expressly acknowledged and accepted by all users of the site that any product, service, or technology described in these materials may be subject to other Intellectual Property rights in favor of Touax Rail Limited or a third party. No right to use such Intellectual Property rights is granted here.

4 – General warning

Touax Rail Limited cannot be held responsible for any damage that may result from the access or use of the site, including any damage or virus that may infect your computer equipment or any other asset.

Even though we have taken every measure to ensure the reliability of the information contained on this site, Touax Rail Limited may incur no liability for errors, omissions, or results that may be obtained, transmitted, retransmitted, or collected by the use of such information.

In particular, the use of hypertext links during your visit to our site may lead you to other servers for access to the information sought. Touax Rail Limited has no control over such servers and will not assume a risk relating to their content.

5 – Limitation of liability and indemnification

Touax Rail Limited or any other party involved in connection with the site shall not be liable for any direct, indirect, or other damages that may result from the access or use of the site or the information contained therein. You shall indemnify, defend, and preserve Touax Rail Limited and its subsidiaries, as well as its directors, officers, employees, representatives, licensees, or anyone involved in the creation, production, and distribution of the site against any demands, liabilities, costs, and expenditures resulting from your violation of these terms and conditions of use or in connection with your use of the site.

6 – Adherence to regulations

The site is established by Touax Rail Limited, whose head office is registered in Ireland. Internet users accessing the site from places other than Ireland must ensure compliance with locally applicable laws.

7 – Access to the site

Touax Rail Limited reserves the right, regardless of the reason and at its sole discretion, to terminate, change, suspend, or interrupt access to all or part of the site, including in particular the content, features, or times of availability, without prior notice. You acknowledge and agree that in the context of the use of the site, the purchase of all necessary equipment to allow connection to the Internet remains your responsibility.

8 – Changes to conditions

Touax Rail Limited reserves the right to change or, more generally, to update these general terms and conditions at any time and without notice. For this reason, you are invited to consult them regularly.

9 – Disputes

In the event of disputes relating to the site, only the courts within the jurisdiction of the Court of Appeal of the registered office will be competent, including in the event of a plurality of defendants, provisional measures or actions in warranty.

III. PERSONAL DATA

10 – Collection and use of data

Personal data may be collected on the site in the following cases:
– contact form from the user;
– visitor statistics;
– social network sharing buttons.

With respect to contact forms, we inform you that the required data are necessary for the management of your request. This information is intended for Touax Rail Limited, which is responsible for processing it.

Your personal data are registered in our database. The legal basis for this consignment is Article 6.1. a of the European regulation on the protection of personal data[1] (consent); the recipients of your data being the controller, its internal departments, external service providers used by the controller as well as any person legally authorized to access the data (judicial services, if any).

The duration of data processing is limited to the time during which you are registered in our database, being specified that you can withdraw your consent and unsubscribe at any time by return of email or by writing to us at the following address: RGPD.Railcars@touax.com

by specifying your surname, first name, address and enclosing a copy of your identity document.

Furthermore, we inform you that, for the processing of requests for access, we have implemented a monitoring system with the original request email, first and last name of customer, corrupt photocopy of the form of identification submitted as proof, date of receipt of the request, date of dispatch of the response, and copy of the response.

Your data is used exclusively for the purposes for which it is collected. It will not be communicated to non-authorized third parties, except for statutory or regulatory requirements. Once we no longer need the data, we delete it from our systems, provided that such data is not subject to statutory storage periods and obligations.

For the purposes listed above, your data may be transferred to affiliates of the Touax group, its subcontractors or service providers located in countries providing an adequate level of protection or benefiting from a decision of adequacy, or which entities have entered into Standard Contractual Clauses as established by the European Commission.

For more information, you can contact: RGPD.Railcars@touax.com

You have the right to ask the data controller for access to your personal data, the correction or deletion of your data, or a limitation of the treatment of your data, the right to object to the processing of your data and the right to portability of your data.

You also have the right to lodge a complaint with a supervisory authority (Data Protection Commission or any other competent authority).

11 – Links to other sites

The site provides links to several Touax Group websites. These sites may also collect personal data. The visiting of these sites and the collection and use of personal data on these sites are subject to the terms and conditions of use and personal data protection policy of these sites.

12.1 – Cookies

When you visit the site, cookies may be installed on your computer. This section allows you to better understand how these cookies work and how to use existing tools to set them up.

What is a cookie?

A cookie is a text file saved on your computer when you visit a site. It is especially designed to collect information about your navigation on the site and send you personalized services. On your computer, cookies are managed by your Internet browser.

Third-party cookies

The site uses an analytics tool developed by the third-party provider Google Analytics, which requires the use of a cookie. This allows us, via IP address recognition and other methods, to refine information regarding traffic and behavior of visitors to the site.

The site also uses plug-ins to share content directly on social networks such as Facebook, Twitter, or LinkedIn. Solely because of their presence, social plug-ins present on the site may place cookies on your computer to track your navigation or identify your centers of interest, whether or not you are a user of these social platforms. We have no control over the process employed by social networks to collect information about your navigation on the site. The issuance and the use of cookies by such third parties are subject to their own privacy policies, which we invite you to read.

12.2 – Accepting or refusing cookies

Your internet browser settings

You can choose to disable cookies. Your browser can also be set to warn you about the cookies installed on your computer and ask you whether or not you want to accept them. You can accept or decline cookies on a case-by-case basis or refuse them automatically. Note, however, that changing your browser settings may change your experience on the site.

Every browser is configured differently. This is described in your browser’s Help menu, which will tell you how to change your cookie preferences.

You can also disable cookies by following these instructions:

a. If you are using Edge:

• In your browser, go to the settings section 
• Click on "Cookies and site permission" 
• Click on "Manage and delete cookies and site data" 
• Click on "See all cookies and site data"
• Find the section for touax.com website 
• Delete the whole section or go to de detailed list display and delete cookies individually

b. If you are using Firefox:

• Go to the “Tools” tab, then select the “Options” menu;
• In the pop-up window, choose “Privacy”, then click on “Remove individual cookies”;
• Locate the files containing the “Touax” name;
• Select them and delete them.

c. If you are using Safari:

• In your browser, choose the “Edit > Preferences” menu;
• Click on “Security”;
• Click on “Show cookies”;
• Select the cookies containing the “Touax” name and click on “Remove” or “Remove all”;
• After deleting the cookies, click on “Done”.

d. if you are using Google Chrome:

• Click on the “Tools” menu icon;
• Select “Settings”;
• Click on the “Show advanced settings” tab and go to the “Privacy” section;
• Click on the “Show cookies” button;
• Locate the files containing the “Touax” name. Select them and delete them;
• Click on “Close” to return to your browser.

To learn more about the options offered by your navigation software and the terms and conditions of the cookies stored in your terminal, depending on the browser(s) installed in your terminal, you can visit the “Guidance” section of the Data Protection Commission’s website at the following address: https://www.dataprotection.ie/en/guidance-landing/cookies

Touax Rail Limited reserves the right to change its privacy policy at any time, to take into account particular developments in the technologies used, the publication of new services, and new regulations. All changes will take effect once they are published online.