TERMS AND CONDITIONS OF USE
Welcome to BOARDING RING!
BOARDING RING offers a range of innovative products to combat motion sickness offered by BOARDING RING SAS, and its parent and subsidiary companies (collectively referred to as "we", "us", "our").
The Terms and Conditions of Use (TCU) are concluded between on the one hand the simplified joint stock company BOARDING RING, with a capital of 10,549 euros, VAT number. FR53811384288, registered in the Trade and Companies of Toulon under number 811 384 288, having its headquarters at 661 chemin de Chateauvallon - 83190 OLLIOULES and being represented by its President, Mr. Antoine JEANNIN (hereinafter, "BOARDING RING") and on the other hand, any natural person with full legal capacity (hereinafter, "the User" and "you")
Capitalized terms have the meaning given to them in the TCU and/or Terms and Conditions of BOARDING RING.
The TCU applies to your use of and access to the following websites: www.boardingglasses.com , www.boardinglight.com , www.boardingring.com , www.boardingvar.com , www.seenetic.com, and all other associated sites, if any (the "Site" or "Sites", as applicable).
BOARDING RING reserves the right, at its sole discretion, to freely modify the TCU at any time and encourages the User to review the TCU regularly. In the event of a change to the TCU, the TCU applicable to the Sites will be those in effect at the time of User's order on the Sites. The TCU come into force as soon as they are published on the Sites and immediately replace the former TCU for all future operations.
The Sites are published by BOARDING RING. The director of publication is Mr Antoine JEANNIN. The Site is hosted by One2Net.
For information or questions, BOARDING RING is at your disposal:
- By e-mail: firstname.lastname@example.org ;
- By mail at the following address: BOARDING RING - 661 chemin de Chateauvallon - 83190 OLLIOULES.
- YOUR RIGHTS AND OBLIGATIONS
3.1 ACCEPTANCE OF TCU
The TCU defines your contractual relationship with BOARDING RING, as well as the conditions under which the Sites may be used.
The TCU and, where applicable, our Terms and Conditions of Sale, express the entirety of the rights and obligations of the User and BOARDING RING and shall prevail over any other terms and conditions not expressly approved by BOARDING RING.
By accessing the Site, the User fully, unconditionally and unreservedly agrees to these TCU and, where applicable, our Terms and Conditions of Sale. The User must not use our Sites under any circumstances if he or she does not agree to these Terms and Conditions. If the User does not wish to accept all or part of the TCU, he/she is requested to renounce any use of the Sites.
3.2 USE OF THE SITE
By connecting to the Sites, the User certifies that he/she is of legal age and legally capable and accepts without reservation the TCU. In order to use the Site, the User must have a terminal equipped with a web browser as well as Internet access (access costs borne by the User).
The Contents means all information made available by BOARDING RING.
The User is solely responsible for its use of the Contents on the Site and, accordingly, BOARDING RING shall not be liable for any direct or indirect damages arising from the use of such Contents;
The User is solely responsible for the use of the Contents of the hyperlinked Sites, and BOARDING RING disclaims any responsibility for such Contents as set forth below;
It is the User's responsibility to take all necessary measures to ensure that the technical characteristics of his equipment allow him to consult the Contents of the Sites.
3.4 ACCEPTABLE USE POLICY
We expect the User to use our Sites responsibly. To this end, User shall not do or attempt to do or encourage any User or third party to do or attempt to do any of the following while accessing and using our Services:
Reconstruct the logic, decompose, modify, alter, distort, disassemble, or create a derivative work from any software used for the Sites.
Use the Sites to knowingly or intentionally infringe upon the intellectual property rights of others, including, without limitation, their patents, copyrights, trademarks, trade secrets, or any other applicable intellectual property rights as they now exist or may hereafter exist, anywhere in the world.
Access the Site using automated methods (such as robots, spiders, etc.), except as may be authorized in writing by BOARDING RING.
Upload viruses or other malicious code to the Sites.
Use the Site for any unlawful, illegal, malicious or discriminatory purpose.
Interfere with the proper working of the Sites.
User acknowledges that any violation of the TCU entitles BOARDING RING, notwithstanding any remedy available to it, to take steps to restrict User's access to the Sites.
3.5 PERSONAL DATA
The User is informed that, in accordance with Article 4 of the European General Data Protection Regulation, personal data means "any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); An "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
By continuing to browse the Site, you are informed and you agree that BOARDING RING collects personal data about you directly and indirectly.
We collect the following categories of data:
- Identity and marital status (last name, first name, email address, date of birth, postal address, telephone number);
- Password for the creation of the account;
- Economic information (data on payment methods, the bracket in which your income is located if you respond to surveys sent to you by BOARDING RING, data on transactions, data on the monitoring of the commercial relationship);
- Connection Data (IP address).
Some features of the Sites may require you to register by providing personal information, including a password for your customer account.
The password chosen by the User is strictly personal and confidential, the User undertakes to keep it secret and to refrain from disclosing it in any form whatsoever to third parties. The User is responsible for the protection of his login and password. Unless proven otherwise, any connection to the Sites or transmission of data made using the User's access codes will be deemed to have been made by the User. In case of loss or theft of his login and / or password or if he becomes aware of the use of his password by an unauthorized third party, the User is required to immediately notify BOARDING RING at the following address, in order to revoke his login and password and obtain new ones: email@example.com . BOARDING RING shall not be liable for any unauthorized third party access to the Site through the unauthorized use of your login and password.
3.6 PURPOSE OF PROCESSING PERSONAL DATA
The User's personal data are processed by BOARDING RING for the sole purpose of providing, operating, maintaining and improving our products and Sites and to manage customer relations.
The processing implemented by BOARDING RING has the following purposes:
- the creation of the customer account
- processing a commercial transaction or manage an order on the Site;
- the realization of operations relating to the management of customers;
- keeping the accounts and in particular the management of customer accounts;
- the follow-up of the customer relationship such as the realization of satisfaction surveys, the management of the complaints and the after-sales service;
- the realization of the operations relating to the canvassing and the elaboration of commercial statistics;
- the management of requests for access, rectification, opposition, oblivion, limitation of processing, information, data portability, data will and opposition to profiling;
- the management of unpaid bills and disputes;
- the management of people's opinions on products, services or Contents.
We guarantee that we have complied with all legal obligations relating to the protection of personal data, and in particular that we have carried out all prior formalities with the French data protection authority, the Commission Nationale de l'Informatique et des Libertés (CNIL), which were incumbent upon us in respect of the implementation of the processing of personal data under number 1943967 v 0 dated 31 March 2016.
3.7 SECURITY - PRIVACY - RECIPIENTS
The data collected is transmitted and stored by BOARDING RING.
BOARDING RING is committed to implementing all appropriate physical, organizational and technical safeguards to protect your personal data against loss, misuse, unauthorized access, disclosure, alteration and/or destruction.
BOARDING RING limits access to your personal data to those employees who have a genuine need to know in order to provide, operate, maintain and improve our Sites and products. You are informed that these employees are subject to a contractual obligation of confidentiality.
Your personal data will not be sold, exchanged, transferred or given away without your consent for any reason, unless the transfer is necessary for the services.
However, when required by the regulations in force, BOARDING RING may transmit your data to bodies and authorities legally authorized to access them (including judicial and administrative authorities).
Data relating to credit cards are not held by BOARDING RING. BOARDING RING holds the details of partial credit cards and are however kept, in accordance with Article L.133.24 of the Monetary and Financial Code in the event of a disputed transaction, in intermediate archives. When collecting or transmitting your bank details, additional security measures are implemented, such as SSL encryption and the use of fraud management services. In addition, we require vendors that process and/or store your credit card information to comply with the Payment Card Industry Data Security Standards (PCI-DSS) to ensure the confidentiality and integrity of credit card holder data and transactions.
In order to ensure the confidentiality of your personal data, BOARDING RING undertakes to host or have hosted on its servers or those of its subcontractors on :
- the territory of a Member State of the European Union, or
- the territory of a country considered to offer an adequate level of protection.
If your personal data is transferred to a country that is not considered to offer an adequate level of protection, in particular in the context of the use of a subcontractor, we undertake to enter into standard contractual clauses with the subcontractor as adopted by the European Commission.
As an exception to the above, if you visit the Website from the United States, please note that your personal data is stored in the United States.
If you are visiting the Website from other regions that have different data protection laws than the European Union, please note that your personal data is transferred to Frankfurt.
However, BOARDING RING does not act as a host of health data within the meaning of Article L1111-8 of the Code of Public Health and does not use such a provider, your personal data are not collected in the course of prevention activities, diagnosis, care or social and medico-social monitoring.
In case of subcontracting the hosting of your personal data, BOARDING RING is obliged to contractually defer on the provider all obligations stipulated in the European General Regulation on Data Protection.
3.8 DATA RETENTION PERIOD
BOARDING RING retains your personal data for a period not exceeding the time necessary for the purposes set out herein. Beyond that, your personal data may be archived to comply with legal and regulatory obligations to which BOARDING RING is subject or deleted and in any case not more than ten (10) years unless litigation is pending.
Personal data to establish proof of a right or contract, or retained under a legal obligation by BOARDING RING are archived in accordance with the provisions in force.
3.9 RIGHT OF ACCESS, RECTIFICATION, OPPOSITION AND DELETION
In accordance with the regulations on the protection of personal data, you have the right to access, rectify, delete and oppose the processing of your data, as well as the right to determine the fate of your data after your death.
You can exercise your rights and make your requests by sending us an email or a letter, accompanied by a proof of identity, to the following address firstname.lastname@example.org - BOARDING RING, 661 chemin de Chateauvallon - 83190 OLLIOULES or by using the contact form available on the Site.
We undertake to examine and attempt to resolve amicably any complaint, claim or dispute within a reasonable time.
Certain data is collected and processed automatically as a result of the User's use of the Sites. This includes the IP address, browser characteristics, current language, software used by the User's terminal, browsing and connection data...
Are also carried out measures of audience, by which are measured the number of pages viewed, activity, frequency of returns to the Site ...
For this BOARDING RING has implemented on the Site, automatic tracking processes called cookies (session cookies and permanent cookies).
Cookies are small data files stored on your terminal (computer, tablet, cell phone or device ...) when you browse our Sites and when you use our Sites until their lifetime expires or until you disable or delete them using the features of your browser. These cookies allow our website to recognize your browser and to capture and store certain information, including personal data.
The cookies placed and read on the hard drive of your terminal by BOARDING RING have the following purposes:
- measure the audience to measure the attendance and use of the Sites (content, sections, time spent, browser used ...)
- improve the interactivity of the Sites to allow users to join the communication channels of BOARDING RING (use of social networking buttons);
- understand and retain your preferences for future visits to the Site.
In accordance with the principles of data protection, you are informed that cookies are kept for the time strictly necessary for the purposes for which they are used and within the limits defined by the competent protection authority, that is, thirteen (13) months from their placement.
To deactivate cookies, you must set your browser parameters. The procedures are described either in the browser's help menu or on the publisher's website. In case of deactivation, certain functionalities of the Site may no longer be operational.
In addition, if your personal computer's browser is set to reject certain temporary cookies, access to the Site may be impaired or impossible.
BOARDING RING allows some third-party companies to issue from the Site their own cookies, this is particularly the case of third-party applications integrated into our media via the buttons "Share", "Recommend" ... from social networks such as "Facebook", "Twitter" ...
3.11 SITE AVAILABILITY
BOARDING RING undertakes to implement all reasonable means at its disposal to ensure quality access to the Site at any time, 24 hours a day and 7 days a week, but has no obligation to do so, especially in cases of force majeure, malfunction of the network, servers, or any other event beyond its control.
BOARDING RING may interrupt, suspend or modify temporarily and without notice access to the Site, including for security reasons, for restructuring of machine resources, for maintenance or improvement of the Sites or to improve the availability of information via the Internet. To the extent possible, BOARDING RING will broadcast a message informing you of this interruption of the Site. In all cases, BOARDING RING will use its best efforts to minimize the impact of the interruption on you. BOARDING RING cannot be held responsible for any damages caused by such interruptions, including loss of data.
Therefore, BOARDING RING cannot guarantee the availability of the Site, reliability of transmissions and performance in terms of response time or quality.
3.12 CREATION OF HYPERLINKS
The creation of a hyperlink from the Site to an external site or resource by the User is prohibited.
The establishment of hyperlinks to a page of the Site is permitted, provided that the rights of BOARDING RING are respected, mentioning the sources and the date of the last update of the said page and not distorting the words on the said page. BOARDING RING shall not be liable for any hyperlinks created by a User.
However, BOARDING RING reserves the right to request the removal of any hyperlink to the Site that it believes is inconsistent with the purpose of the Site.
In addition, BOARDING RING may link to third-party websites, applications, products or services and may allow you to post on or through third-party websites. We are not responsible for the practices of any third party websites that are made available or linked to our Sites, or for any information or content contained therein.
Please note that when you link to another website, our TOU no longer applies. Your browsing and actions on any other site, including those to which we link, are subject to that site's own rules and policies. In addition, you are solely responsible for any content you choose to post on or through any third party site, if any.
We also reserve the right to suspend or terminate your account at any time without notice if you fail to comply with these TOU or if you use the Sites in violation of the Acceptable Use Policy or applicable laws or regulations.
The deactivation of your account, for whatever reason, will not result in the payment of any compensation. It is effective immediately.
3.14 RESPONSIBILITIES AND GUARANTEES
The commitments of BOARDING RING under these Terms constitute an obligation of means.
BOARDING RING has no control over your use or interpretation of the information and advice contained in the Sites, and you are solely responsible for it.
To the extent permitted by law, in no event shall BOARDING RING, its affiliates, distributors or suppliers be liable for any direct, indirect and/or consequential damages, such as loss or destruction of data, loss of profits or loss of business, however caused and on any theory of liability, whether or not BOARDING RING has been advised of the possibility of such damages.
In the event of a judgment against BOARDING RING, the amount of the judgment against BOARDING RING shall not exceed the greater of (i) the total amount paid to BOARDING RING during the last six (6) months, excluding the purchase price of the product or (ii) one hundred (100.00) euros.
3.15 INTELLECTUAL PROPERTY RIGHTS
The Sites and their contents, including all text, graphics, images, video, and audio contained therein, are protected by intellectual property rights of which BOARDING RING is the sole owner.
These TOU, except as expressly provided herein, do not grant you any right, title or interest in or to BOARDING RING's intellectual property rights.
The Content is available to the User for personal, private, non-collective and non-commercial use.
Any representation and / or reproduction and / or partial or total exploitation of the Content offered by the Site, by any means whatsoever, without the prior written permission of BOARDING RING is strictly prohibited and would be likely to constitute an infringement within the meaning of Articles L 335-2 et seq. of the Code of Intellectual Property.
The mark "BOARDING RING" is a registered trademark of BOARDING RING. Any representation and / or reproduction and / or partial or total exploitation of this mark, of any kind whatsoever, is totally prohibited unless prior written permission of BOARDING RING.
In particular, you agree not to use the Content in any manner that would infringe, directly or indirectly, the intellectual property rights of BOARDING RING, and that such use would constitute infringement or unfair or parasitic competition of the Content.
3.16 DISPUTE RESOLUTION
Avant d’intenter une action ou un recours à l'encontre de BOARDING RING, vous consentez à essayer de résoudre le litige de manière amiable en contactant BOARDING RING à cette adresse : email@example.com. Nous tenterons de résoudre le litige de manière amiable, en vous contactant par e-mail, dans un délai maximal de trente (30) jours.
Toute réclamation, amiable ou judiciaire, relative à l’exécution ou l’interprétation des CGU devra être formulée dans un délai d’un (1) an à compter du fait générateur ou de la désactivation du compte, à peine de prescription.
Tout litige auquel l’utilisation des Sites pourrait donner lieu ou étant relatif à l’exécution ou l’interprétation des CGU relèvera du droit français et de la compétence exclusive des tribunaux de TOULON.
By authorizing the collection of your personal data, you hereby authorize us to send you any notifications to the email address you used to create your account and newsletter information, as you choose. For the avoidance of doubt, you will be deemed to have received any notice sent under this TOU when sent by BOARDING RING. If you decide that you no longer wish to receive these email notifications, you should send a request by email to: firstname.lastname@example.org
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
The nullity of a clause does not entail the nullity of the TCU, with the exception of an impulsive and determining clause having led one of the Parties to contract. The cancelled clause(s) shall be deemed unwritten.
The fact that one or the other of the Parties does not avail itself at a given moment of any of the clauses or that it tolerates the non-performance of the obligations of the other Party, temporarily or permanently, cannot be interpreted as a waiver of the right to avail itself of such clause at a later date. The fact that either Party tolerates a non-performance or imperfect performance of these TOU or, more generally, tolerates any act, abstention or omission of the other Party that does not comply with the provisions of these TCU shall not confer any right whatsoever on the Party benefiting from such tolerance.
You can contact BOARDING RING by email at email@example.com.