Terms and Conditions of Use of the Aquavista^TM Portal

The Aquavista^TM portal, which can be accessed at the following url https://aquavista-plant.veoliawatertechnologies.com/ (hereinafter the “Aquavista^TM Portal”) is published by VEOLIA WATER SOLUTIONS & TECHNOLOGIES SUPPORT, a French company (“société par actions simplifiée”) duly registered, with the Business and Trade Register (“Registre du commerce et des sociétés”) of Créteil - France under number 433 962 586 and validly existing under the laws of France, whose head office is located at Immeuble l’Aquarène, 1 place Montgolfier, 94410 Saint-Maurice – France, phone: +33 (0)1 45 11 55 55 (hereafter “VWT” or "We", “Us”).

The publication director of Aquavista^TM Portal is Mr Geoffroy Carlier.

The hosting of the Aquavista^TM Portal is ensured by VWS Support in association with the third party company or companies which are in legal agreement with VWS Support in terms of data ownership, security, liability, confidentiality, usage and privacy policy via contractual agreement with VWS Support or Affiliates thereof.

The Aquavista^TM Portal allows users who meet the prerequisites described below to connect to it so as to view and share information on the management and operations of their water treatment systems (hereafter the “Services”).

These Terms and Conditions of Use (hereafter “Terms & Conditions”) govern the relationship between VWT and any and all users of the Aquavista^TM Portal as defined below (the “User(s)” or “You”).

By accessing or using the Aquavista^TM Portal, You accept these Terms & Conditions without any reservation. If You do not agree to be subject to these Terms & Conditions, You are not authorized to access or use the Aquavista^TM Portal. For further information, we request you to contact the VWT Group representative for your region. We recommend that You print a version of these Terms & Conditions for future reference

1. Definitions

1.1. Account

means in relation to a Customer the account of each User who is registered for the Aquavista^TM Portal which enables access to the Services. Accounts are created by VWT based on the enrolment options made by each Customer in the VWT Business Unit Contract, and comprise (i) access to the standard version of the Aquavista^TM Portal, or (ii) access to the premium version of the Aquavista^TM Portal, designated as “Aquavista Premium”, which includes certain additional features.

1.2. VWT Business Unit:

means the legal entity of the VWT Group which a certain Customer has entered into (at least) one VWT Business Unit Contract with.

1.3. VWT Business Unit Contract:

means the contract of whatever nature for the provision of services and/or sale of equipment from VWT Business Unit to Customer which grants the latter with the right to access the Aquavista^TM Portal. Use of the Aquavista^TM Portal is exclusively reserved to Customers whose VWT Business Unit Contract is still in force.

1.4. Customer

means any legal entity that has entered into a VWT Business Unit Contract and that is entitled to access the Aquavista^TM Portal via its Account.

1.5. Log-In Credentials:

means the e-mail address and the password entered by each User upon accessing the Aquavista^TM Portal.

1.6. User:

means any Customer, enrolled on the Aquavista^TM Portal, as well as any and all individuals who represent it and have Log-In Credentials to access the Account as user(s) of the Aquavista^TM Portal.

1.7. User Content:

means any and all content published by a User via the Aquavista^TM Portal, including, but without restriction, any and all comments published by Users within the room dedicated to that purpose.

1.8. VWT Content:

means all of the content that can be accessed via the Aquavista^TM Portal such as, but without restriction, texts, graphics, logos, images, videos, trademarks, names, designs, software and databases not originating from Users.

1.9. VWT Group:

means the group of companies which is, directly or indirectly, under the control of the company Veolia Water Technologies, a French company (société par actions simplifiée unipersonnelle) duly registered with the Business and Trade Register (registre du commerce et des sociétés) of Créteil under number 414 986 216 and with registered head-office at L’Aquarène – 1, place Montgolfier – 94417 Saint-Maurice Cedex – France, and “control” means for the herein purposes the ability to, directly or indirectly, direct the affairs of another by means of ownership, contract or otherwise.

1.10. Affiliate

means any legal entity, partnership, joint venture, equity company or other type of company, including in particular any and all subsidiaries which, directly or indirectly, controls a party and/or is under the control of a party and/or is under the control of the ultimate parent company of one party, and “control” shall mean the ability, directly or indirectly, to direct the affairs of another by means of ownership, contract or otherwise).

2. Access to the Aquavista^TM Portal

2.1. Account activation

2.1.1. To enable use of the Aquavista^TM Portal, based on your enrolment, You are required to activate Your Account as follows:

• Every Customer which has been enrolled for the Aquavista^TM Portal will be provided with username and a temporary link to reset the password for Account activation purposes by the Aquavista^TM Portal support team.
• You will have to connect to temporary URL provided in the email along with username and password reset link.
• Your access will be based on and subject to Your subscription to Aquavista and/or Aquavista Premium service.

2.1.2. It is Your responsibility to ensure that the Log-In Credentials are assigned to persons who are authorized to access the information made available via the Aquavista^TM Portal.

2.1.3. You agree, as a User, not to enrol for or activate the Account unless Customer has authorized You to do so.

2.1.4. Log-In Credentials are personal and confidential. You agree not to disclose them to third parties. You are responsible for the use made of Your Log-In Credentials and You expressly acknowledge and agree that You will be deemed responsible for any and all actions taken on the Aquavista^TM Portal using Your Log-In Credentials. In case of any loss, fraudulent misappropriation or use of Your Log-In Credentials in breach, whether total or partial, or the herein Terms & Conditions You agree to immediately report it to VWT by phoning the following number +33 (0)1 45 11 55 55 and obtaining new Log-In Credentials.

2.2. Closing of Account

Unless otherwise provided for in the VWT Business Contract, Customer is free to close its Account at any time for convenience subject to the herein Terms & Conditions. In such a case, the editorial responsibility of the User Content shall be and remain with the Customer after the expiration or termination for any cause whatsoever of the VWT Business Unit Contract for an indefinite period of time. At the end of the VWT Business Unit Contract, for whatever reason, the Account will be closed within the conditions agreed between the Parties regarding reversibility, as part of the VWT Business Unit Contract.

3. Use of Aquavista^TM Portal

3.1. The service that is provided by VWT through the Aquavista^TM Portal is a service that is aimed at providing and sharing with each Customer information on its water treatment management system or part thereof in accordance with VWT Business Unit Contract entered by that Customer.

3.2. More specifically, the Aquavista^TM Portal allows You to (i) obtain certain information and alerts about Your water treatment system equipment and/or facilities, via the uploading and processing of data obtained thanks to the sensors installed on those equipment and/or facilities, and (ii) consult information and documents in relation to the contracts in progress with the VWT Business Unit (invoices, contracts, etc.) and the related service interventions (on-site service reports, intervention reports, etc.).

3.3. The Aquavista^TM Portal also allows You to manage, via an agenda, the service interventions planned on your water treatment system and to interact with the relevant VWT Business Unit to schedule such interventions. You may also publish, using the text boxes reserved for that purpose, comments for the attention of the VWT Business Unit. These comments are considered User Content.

3.4. Certain features of the Aquavista^TM Portal rely on third-party software, in particular the Google Maps application, and enable locating water treatment system equipment. By using this Aquavista^TM Portal feature You expressly accept Google’s Terms of Service, accessible via the following link: https://www.google.com/intl/en_US/help/terms_maps.html or any subsequent link provided by Google.

3.5. You hereby represent and warrant to Us that You will not make any misuse or unlawful use of the Aquavista^TM Portal and, in particular, not use the Services in any way that is abnormal, inappropriate, fraudulent or unlawful, or that in any way infringes the rights of VWT, of its Affiliates or of third parties.

3.6. VWT reserves the right to temporarily suspend or permanently close down any Account at its convenience, without prior notice or any right to compensation, in case of any non-compliance from the User with these Terms & Conditions. In such a situation, VWT will be entitled to suspend or terminate all Accounts associated to the same Customer.

4. Modifications

4.1. We reserve the right to modify the Aquavista^TM Portal and its content at any time, so as to update or upgrade it. VWT is not, however, under any duty to continually update the Aquavista^TM Portal or its content and does not warrant that the Aquavista^TM Portal and its content are accurate or complete or that they will be current at all times

4.2. You acknowledge and agree that neither VWT nor any affiliate thereof shall have any liability vis a vis You or any third party based on any modification, interruption or discontinuance of the Aquavista^TM Portal, including the Services offered on it.

You acknowledge and agree that We reserve to Ourselves the right to modify these Terms & Conditions in Our discretion at any time for convenience. In such case, You agree that You shall accept the revised Terms & Conditions upon connecting again to the Aquavista^TM Portal.

5. Liability

5.1. You and We agree that information and material accessible and/or communicated via the Aquavista^TM Portal is confidential information, except if this information and/or material (a) is publicly known (b) was obtained in good faith by either party from a third party which was not under an obligation of confidentiality in respect thereof, (c) was known to a party prior to entering into this Terms & Conditions and not subject to duties of confidentiality and/or (d) is required to be disclosed by law or by an administrative or judicial body or authority (hereafter the “Confidential Information”). You and We hereby agree to use such Confidential Information only on “as-needed” basis and in accordance with the VWT Business Unit Contract and not to disclose such Confidential Information to any non-authorized third party. In particular, You agree to use such Confidential Information in accordance herewith, and for the purposes of your duties as Customer and User.

5.2. You agree to use the Aquavista^TM Portal and the Services offered on it by complying with any and all applicable laws and regulations and with these Terms & Conditions. Otherwise, You acknowledge and agree that You shall be solely liable for any and all damages caused, whether directly or indirectly, to Us, including Our Affiliates, that may result from or be connected to any breach of Your obligation to use the Aquavista^TM Portal and the Services in compliance with any and all applicable laws and regulations and with these Terms & Conditions and You agree to indemnify and hold Us, including Our Affiliates, harmless from any and all losses, liabilities, damages, claims, and all related costs and expenses (including any and all legal fees and costs of investigation, litigation, settlement, judgment, appeal, interest and penalties) that We may incur in connection with any claim or proceeding of whatever nature arising therefrom or in connection therewith.

5.3. You agree to implement all of the resources required to access the Aquavista^TM Portal (including, but not limited, to an Internet connection) and agree to ensure that all persons who access the Aquavista^TM Portal under your responsibility comply with these Terms & Conditions

5.4. We agree to make reasonable efforts to provide access to the Aquavista^TM Portal and to take reasonable steps to remedy any malfunction that is brought to Our knowledge. However, We do not warrant that access to the Aquavista^TM Portal and/or to the Services will be uninterrupted. You acknowledge and agree that We may be required to temporarily or permanently suspend the Aquavista^TM Portal without notice, in particular due to technical issues, irrespective of their cause or origin, without this entailing any liability whatsoever for VWT and Our Affiliates.

5.5. You acknowledge and agree that We, including Our Affiliates, shall not be liable to You for any inconveniences, losses or damages whatsoever inherent to use of the Internet, including any Service interruption, outside intrusion or IT virus and that VWT does not warrant uninterrupted or error-free operation of the Aquavista^TM Portal or of the Services. In particular, VWT disclaims any and all liability, without this list being restrictive, for:

• any defective transmission and/or receipt of any data and/or information over the Internet;
• any defect or failure in the receiving equipment or lines of communication;
• any failure or malfunction of the Internet preventing proper operation of the Aquavista^TM Portal and/or of the Services

5.6. The Aquavista^TM Portal and the data that can be accessed on it are provided by VWT “as is” without any warranty whatsoever. To the maximum extent permitted by applicable law, VWT excludes any representation or warranty regarding the foregoing and/or actions taken by User on the database.

5.7. Subject to the herein limitations, neither You nor Us shall be liable vis a vis each other for any indirect loss or damage, whether consequential or not, that it may cause to the other under these Terms & Conditions

6. Intellectual Property

6.1. VWT Content

6.1.1. You acknowledge and agree that the Aquavista^TM Portal, as well as all VWT Content that can be accessed via the Aquavista^TM Portal (including, but without restriction, the architecture, maps, graphics, photographs, illustrations, software, etc.) are protected by intellectual property rights or by any other rights recognized by law and are the property of VWT or have been licensed or sublicensed to it.

6.1.2. You are also informed that “Aquavista” and “Aquavista Premium” are registered trademarks of VWT and/or Affiliates thereof and form part of the "VWT Content".

6.1.3. Subject to the provisions of Your VWT Business Contract and to Your acceptance of and compliance with these Terms & Conditions, We hereby grant You, for the period of validity of Your Account as per VWT Business Contract, a worldwide, personal, non-exclusive and non-transferrable license to access and use the Aquavista^TM Portal and the VWT Content strictly for the purposes and under the conditions set forth herein.

6.1.4. The use, downloading or reproduction of all or part of the VWT Content is only authorized for its own normal business purposes, and any reproduction or display for any other purposes requires VWT’s prior written consent.

6.1.5. Except as indicated above, You are strictly prohibited from:

• copying, reproducing, displaying, disseminating, distributing, publishing, on a temporary or permanent basis, all or part of the Aquavista^TM Portal and/or the VWT Content, by any means and on any media currently known or unknown;
• creating derivative works based on the Aquavista^TM Portal and/or the VWT Content;
• modifying, translating, adapting or arranging all or part of the Aquavista^TM Portal and/or the VWT Content;
• disassembling, decompiling or reverse engineering the Aquavista^TM Portal and/or the VWT Content;
• distributing, transmitting, broadcasting, selling, renting, licensing or operating, in any way and by any means, without VWT’s express prior written consent, all or part of the Aquavista^TM Portal and/or the VWT Content ;
• masking any copyright notices that may be contained, as applicable, in all or part of the Aquavista^TM Portal and/or the VWT Content.

6.1.6. You agree that if You fail to comply with any of the herein provisions, the license granted to You hereinabove shall be automatically and immediately terminated without notice and You shall, in Our discretion, either destroy or return to VWT all copies of the VWT Content You may have made.

6.2. User Content

6.2.1. The Customer and User acknowledge and agree that they will assume full editorial responsibility for the User Content published by the User on the Aquavista^TM Portal. VWT is acting solely as an intermediary in the posting of User Content on the Aquavista^TM Portal and may under no circumstances (i) be considered the editor of such User Content, or (ii) incur any liability towards Users or any third party for such User Content, including for completeness or accuracy thereof.

6.2.2. You agree not to publish any User Content which contains information that is (i) not compliant with applicable laws and regulations, (ii) false, deceptive or misleading and/or (iii) likely to adversely affect Our rights or interests, including those of Our Affiliates, or of the rights or interests of any third party, including, in particular, any content that is or is threatened to be of a nature that infringes any third-party intellectual property rights.

6.2.3. VWT reserves the right to remove, without notice or any right to compensation whatsoever, any User Content that does not comply with the provisions of these Terms & Conditions. In this respect, it is specified that any User may report to VWT any User Content that seems inappropriate by writing to the following address: aquavista-feedback@veolia.com

6.2.4. You agree to hereby grant VWT a worldwide, royalty-free, non-exclusive license over your User Content permitting VWT to use, reproduce, display, modify, translate and disclose such User Content, in whole or in part, on all media and using all means, to all third parties and for all purposes (commercial or otherwise), on a no-name basis for the purposes of the operation and promotion of the Aquavista^TM Portal and the Services, including enrichment and improvement thereof. This licence is granted for the period of protection of the corresponding intellectual property rights.

6.2.5. You hereby agree to indemnify, defend and hold Us, including any Our Affiliates, harmless from and against all losses, liabilities, damages, claims, including all related costs and expenses (including any and all legal fees and costs of investigation, litigation, settlement, judgment, appeal, interest and penalties), that We may incur in connection with any claim arising from, in connection with or relating to User Content.

6.3. Hypertext links

6.3.1. The Aquavista^TM Portal may contain hypertext links directing to websites operated by third parties. These links are provided for information purposes only. VWT does not publish and has no control over the sources, the content of such websites or their ties with other websites and disclaims any and all liability in connection with such websites as well as for any actual or alleged damages or losses arising out of or in connection with the use of the information, services or data available on those websites

6.3.2. By providing hypertext links to those websites, VWT does not approve or endorse the content of such websites, nor does any such link indicate any association between VWT and the persons responsible for those websites. Users are recommended to check the terms and conditions applicable to such third-party websites.

7. Confidentiality Policy

7.1. Processing of personal data

When You set up your Account and use the Aquavista^TM Portal, VWT may collect personal data concerning You (hereafter the “Data”).

VWT processes your Data in compliance with applicable personal data protection legislation and agrees to take all reasonable measures available to it to preserve the confidentiality of such Data.

7.2. Data collected by VWT

VWT will process the Data You provide to it over the Aquavista^TM Portal or in connection with your use of the Aquavista^TM Portal, in particular:

• Upon Account setup and management;
• Upon use of the Services;
• Whenever You contact customer service or any other point of contact of VWT

In this context, VWT may collect and process the following Data:

• The identity of the User: first name(s), name;
• The contact details of the User: email address; contact number, mobile number, ip address
• The User’s credentials: password;
• Data on the device permitting use of the Aquavista^TM Portal: technical information on the features and operating data of the User’s device, the operator, operating system and IP address;
• Any other information directly and voluntarily supplied by the User, and in particular the electronic mail or messages sent.

7.3. Use of Data

As the data controller, VWT collects Data in a lawful and fair way by respecting the rights of data subjects. The main reason why such Data is collected is to offer You a secure, optimal, efficient and personalized experience on the Aquavista^TM Portal.

The information collected by VWT, including the Data, are used for the following purposes:

• Managing the Account;
• Ensuring the operation of the Aquavista^TM Portal and, in particular, handling its operational functions (including logistics functions), resolving any technical issue, improving and developing new features on the basis of the use and/or feedback and requests by Users;
• Carrying out statistical analyses;
• Responding to queries by Users and communicating with them;
• Applying applicable laws and regulations, as well as these Terms & Conditions.

7.4. Communication of Data

VWT agrees to keep all Data only to share such data under specific circumstances and in compliance with applicable laws and regulations.

VWT may, in particular, provide access to the Data to third-party service providers, acting as subcontractors (i.e., subsequent processors), performing services in connection with the Aquavista^TM Portal and in particular hosting, storage, analytical or IT maintenance services. These service providers will only act upon instructions from VWT and will only have access to the Data for the purposes of performing such services, and will be under the same security and confidentiality obligations as VWT.

The Data may also be shared with third parties for the following reasons: