GENERAL TERMS AND CONDITIONS OF USE – BOARDING RING

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GENERAL TERMS AND CONDITIONS OF USE

The GCU are concluded between, on the one hand, the simplified joint stock company BOARDING RING, with a capital of 10,549 euros, with a VAT number. FR53811384288, registered in the Toulon Trade and Companies Register under number 811 384 288, having its registered office at 661 chemin de Chateauvallon - 83190 OLLIOULES and being represented by its Managing Director, 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 TOS and/or BOARDING RING's General Terms and Conditions of Sale.

SUBJECT
Welcome to BOARDING RING!

BOARDING RING offers you a range of innovative products to fight motion sickness offered by BOARDING RING SAS, as well as by its parent companies and subsidiaries (collectively referred to as "we", "our", "us").

The TOS apply to your use of and access to the following websites: www.boardingglasses.com , www.boardinglight.com , www.boardingring.com , www.boardingring.com , www.boardingvar.com , www.seenetic.com , and all other associated sites, if any (hereinafter the "Site" or the "Sites", as the case may be).

BOARDING RING reserves the right, at its sole discretion, to freely modify the TOS at any time and invites the User to consult them regularly. In case of modification of the TOS, the TOS applicable to the Sites will be those in force at the time of the User's order on the Sites. The TOS come into force as soon as they are published on the Sites and immediately replace the old TOS for all future operations.

EDITOR
The Sites are published by BOARDING RING. The director of publication is Mr Antoine JEANNIN. The Site is hosted by One2Net.

For any information or question, BOARDING RING is at your disposal :

By e-mail: glasses@boardingring.com ;
By post to the following address BOARDING RING - 661 chemin de Chateauvallon - 83190 OLLIOULES.



YOUR RIGHTS AND OBLIGATIONS

CGU ACCEPTANCE
The TOS define your contractual relationship with BOARDING RING, as well as the conditions under which the Sites may be used.

The TOS and, where applicable, our General Terms and Conditions of Sale, express the entirety of the rights and obligations of the User and BOARDING RING and will prevail over any other general or special conditions not expressly approved by BOARDING RING.

By accessing the Site, the User fully, unconditionally and without reservation these TOS and, where appropriate, our General Terms and Conditions of Sale. LUser must not use our Sites if it does not agree to these TOS. In the event that the User does not wish to accept all or part of the GCU, he is asked to renounce any use of the Sites.

SITE USAGE
By connecting to the Sites, theUser certifies to be of legal age and legally capable and accepts the TOS without reservation. In order to be able to use theUser must have a terminal equipped with a web browser as well as Internet access (access cost borne by the User).

CONTENTS
The Contents designate all the information made available to you by BOARDING RING.

The User is solely responsible for the use he or she makes of the Content present on the Site and, consequently, BOARDING RING shall not be held liable for any direct or indirect damage resulting from the use of this Content;

The User is solely responsible for the use of the Contents of the Sites having a hypertext link, BOARDING RING declining all responsibility for these Contents in accordance with the provisions below;

It is up to the User to take all necessary measures to ensure that the technical characteristics of his equipment allow him to consult the Contents of the Sites.

ACCEPTABLE USE POLICY
We expect the User to use our Sites responsibly. To this end, the User must not do or attempt to do or encourage any User or third party to do or attempt to do any of the following things by accessing and using our Services :

Reconstruct the logic, decompose, modify, alter, falsify, disassemble, or create a derivative work from any software used for the Sites.
Use the Sites to knowingly or willfully violate the intellectual property rights of third parties, including, without limitation, their patents, copyrights, trademarks, trade secrets, or any other applicable intellectual property rights as they exist or may come into existence, anywhere in the world.
Access the Site using automated methods (such as robots, spiders, etc.), unless prior written authorization from 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 functioning of the Sites.
LUser acknowledges that any violation of the TOS allows BOARDING RING, notwithstanding any recourse against it, to take measures to restrict its access to the Sites.

PERSONAL DETAILS
The User is informed that, within the meaning of the TOS, personal data means, in accordance with Article 4 of the European General Data Protection Regulation, "any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); is deemed to be an "identifiable natural person" a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an on-line identifier, or to one or more elements specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity".

By continuing your navigation on the Site, you are informed and you accept that BOARDING RING collects personal data concerning you directly and indirectly.

We collect the following categories of data:

Identity and marital status (surname, first name, e-mail address, date of birth, postal address, telephone number);
Password for account creation;
Economic information (data relating to means of payment, the bracket in which your income falls if you respond to surveys sent to you by BOARDING RING, data relating to transactions, data relating to the monitoring of the business relationship);
Connection data (IP address).
Some features of the Sites may require you to register by entering personal data, including a password for the creation of your customer account.

The password chosen by the User is strictly personal and confidential. The User undertakes to keep them secret and refrains from disclosing them in any form whatsoever to third parties. LUser is responsible for the protection of its 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,lThe User is obliged to immediately inform BOARDING RING at the following address, in order to revoke your username and password and obtain new ones: glasses@boardingring.com . BOARDING RING shall in no way be held liable for access to the Site by unauthorized third parties allowed by the illicit use of your login and password.

PURPOSE OF PROCESSING PERSONAL DATA
The personal data oflUser are subject to a treatment implemented by BOARDING RING for the exclusive purpose of supplying, operating, maintaining and improving our products and Sites as well as managing customer relations.

The treatment implemented by BOARDING RING has the following purposes:
-creation of the customer account
-processing a commercial transaction or managing an order on the Site;
-performing operations relating to client management ;
-bookkeeping and in particular the management of accounts receivable;
-Customer relationship management such as customer satisfaction surveys, complaints management and after-sales service;
-the carrying out of operations relating to prospecting and the compilation of trade statistics ;
-management of requests for the right of access, rectification, opposition, omission, limitation of processing, information, data portability, data testament and opposition to profiling ;
-management of unpaid bills and litigation;
-management of people's opinions on products, services or Content.
We guarantee that we have complied with all the legal obligations relating to the protection of personal data, and in particular that we have carried out all the preliminary formalities with the French data protection authority, the Commission Nationale de l'Informatique et des Libertés (CNIL), which we were required to carry out in connection with the processing of personal data under number 1943967 v 0 as of 31 March 2016.

SECURITY - CONFIDENTIALITY - RECIPIENTS
The protection of your personal data is a central point of our privacy policy. We therefore undertake to ensure the confidentiality of all personal data concerning you, including those resulting from the use of our Sites.

The data collected is transmitted and stored by BOARDING RING.

BOARDING RING undertakes to implement all useful physical, organizational and technical protection measures to protect your personal data against any loss, inappropriate use, unauthorized access, disclosure, modification and/or destruction.

BOARDING RING limits access to your personal data to only those employees who have a real need to know it in the course of their duties, 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 without your consent for any reason whatsoever, unless the transfer is necessary for the services.

On the other hand, when required by the regulations in force, BOARDING RING may transmit your data to bodies and authorities legally authorised to access it (in particular judicial and administrative authorities).

Credit card data is not held by BOARDING RING. BOARDING RING holds partial credit card details and are however kept, in accordance with Article L.133.24 of the Monetary and Financial Code in the event of a dispute over a transaction, in intermediate archives. When collecting or transmitting your banking data, additional security measures are put in place, such as SSL encryption and the use of fraud management services. In addition, we require vendors that process and/or store your banking data to comply with the Payment Card Industry Data Security Standards (PCI-DSS) to ensure the confidentiality and integrity of cardholder and transaction data.

In order to ensure the confidentiality of your personal data, BOARDING RING undertakes to host or have hosted said data on its servers or those of its subcontractors on :
-the territory of a Member State of the European Union, or
-the territory of a State considered to offer an adequate level of protection.
Should your personal data be transferred to a State which is not considered to offer an adequate level of protection, in particular in the context of the use of a sub-contractor, we undertake to conclude standard contractual clauses with the sub-contractor as adopted by the European Commission.

As an exception to the above, if you are visiting the Site 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 with different personal data protection laws than those applied in the European Union, please note that your personal data is transferred to Frankfurt.

On the other hand, BOARDING RING does not act as a host of health data within the meaning of Article L1111-8 of the French Public Health Code and does not use such a service provider, as your personal data is not collected during prevention, diagnosis, care or social and medico-social monitoring activities.

In the event of subcontracting the hosting of your personal data, BOARDING RING undertakes to contractually transfer to the service provider all the obligations stipulated in the European general regulations on data protection.

DATA RETENTION PERIOD
BOARDING RING keeps your personal data for a period of time not exceeding the time necessary for the purposes set forth herein. Beyond that, your personal data may be archived to comply with the legal and regulatory obligations to which BOARDING RING is subject or deleted and in any case not more than ten (10) years except in the event of litigation.

The personal data allowing to establish the proof of a right or a contract, or kept as part of the respect of a legal obligation by BOARDING RING are archived in accordance with the provisions in force.

RIGHT OF ACCESS, RECTIFICATION, OPPOSITION AND DELETION
In accordance with the regulations relating to the protection of personal data, you have the right to access, rectify, delete data 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 formulate your requests by sending us an e-mail or a letter, accompanied by proof of identity, to the following address glasses@boardingring.com - BOARDING RING, 661 chemin de Chateauvallon - 83190 OLLIOULES or by using the contact form provided on the Site.

We undertake to investigate and attempt to resolve any complaint, claim or dispute amicably within a reasonable time.

COOKIES
During your use of the Sites, cookies may be installed on your terminal. Thus, when you first connect to the Sites, you are informed of the use of cookies and your consent to the installation and use of these cookies will be requested by any appropriate technical procedure.

Certain data is collected and processed automatically as a result of the User's use of the Sites. These include the IP address, browser characteristics, the current language, the software used by the User's terminal, browsing and connection data, etc.

Audience measurements are also carried out, by which the number of pages viewed, activity, frequency of returns to the Site are measured...

For this purpose, BOARDING RING has set up on the Site, automatic tracking processes called cookies (session cookies and permanent cookies).

Cookies are small data files that are stored on your device (computer, tablet, mobile phone or other device...) when you browse our Sites and when you use our Sites until their lifetime expires or until you deactivate or delete them using your browser's functionalities. These cookies enable our website to recognise your browser and to capture and store certain information including personal data.

Cookies deposited and read on the hard drive of your terminal by BOARDING RING have the following purposes:
-To carry out audience measurement, i.e. to measure the number of visitors and the use of the Sites (content, sections, time spent, browser used, etc.).
-improve the interactivity of the Sites to allow Users to join the communication channels of BOARDING RING (use of social network buttons);
-understand and keep your preferences for future visits to the Site.
In accordance with data protection principles, 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, i.e. thirteen (13) months from the time they are placed.

To disable cookies, you need to set your browser. The procedures are described either in the browser's help menu or on the publisher's website. In the event of deactivation, certain features of the Site may no longer be operational.

Furthermore, if your personal computer's browser is configured to refuse certain temporary cookies, access to the Site may be altered or even impossible.

BOARDING RING authorizes certain third party companies to issue their own cookies from the Site. This is notably the case for third party applications integrated into our media via the "Share", "Recommend", etc. buttons on social networks such as "Facebook" and "Twitter".

SITE AVAILABILITY
BOARDING RING undertakes to implement all reasonable means at its disposal to ensure quality access to the Site at all times, 24 hours a day, 7 days a week, but has no obligation to do so, particularly in the event of force majeure, network or server malfunction, or any other event beyond its control.

BOARDING RING may interrupt, suspend or modify access to the Site temporarily and without prior notice, in particular for security reasons, for the restructuring of machine resources, for the maintenance or improvement of the Sites or to improve the availability of information via the Internet. As far as possible, BOARDING RING undertakes to broadcast a message informing you of this interruption of the Site. In all cases, BOARDING RING will use its best efforts to ensure that the interruption affects you as little as possible. BOARDING RING cannot be held responsible for any damage caused by these interruptions, including loss of data.

Consequently, BOARDING RING cannot guarantee the availability of the Site, the reliability of transmissions and performance in terms of response time or quality.

HYPERLINKING
The creation of a hypertext link from the Site to an external site or resource by the User is prohibited.

The setting up of hypertext links pointing to a page on the Site is authorised, subject to respecting the rights of BOARDING RING, mentioning the sources and the date of the last update of the said page and not distorting the comments appearing on the said page. BOARDING RING cannot be held liable for hyperlinks created by a User.

However, BOARDING RING reserves the right to request the deletion of a hypertext link pointing to the Site that it considers does not comply 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 publish on or through third party websites. We are not responsible for the practices employed by third party websites that are made accessible or linked to our Sites, or for the information or content contained therein.

Please note that when you use a link to another website, our TOS are no longer applicable. Your browsing and actions on any other site, including those we link to, are subject to that site's own rules and policies. In addition, you are solely responsible for any content that you decide to publish on or via the site of a third party, if any.

TERMINATION
We also reserve the right to suspend or terminate your account at any time without notice if you fail to comply with these TOS or if you use the Sites in violation of the Acceptable Use Policy or applicable laws or regulations.

The deactivation of your account, whatever the cause, will not give rise to the payment of any compensation. It takes effect immediately.

LIABILITIES AND WARRANTIES
The commitments of BOARDING RING made under these TOS constitute an obligation of means.

BOARDING RING has no control over your use or interpretation of the information and advice contained on the Sites, which is your sole responsibility.

To the fullest extent permitted by law, in no event shall BOARDING RING, its subsidiaries, distributors or suppliers be liable for any direct, indirect and/or consequential damages, such as loss or destruction of data, loss of profits and actual or potential profits, however caused and on any basis whatsoever, whether or not BOARDING RING has been advised of the possibility of such damages.

In the event that BOARDING RING is convicted, the amount of the sentences pronounced against it shall not exceed the greater of these two sums: (i) the total amount of the sums paid to BOARDING RING during the last six (6) months, excluding the purchase price of the product or (ii) one hundred (100.00) euros.

INTELLECTUAL PROPERTY RIGHTS
The Sites as well as their Content, including the text, graphics, images, videos and sounds composing them, are covered by intellectual property rights of which BOARDING RING is the sole owner.

These TOS, unless expressly stated otherwise, do not grant you any right, title or interest in or to the intellectual property rights of BOARDING RING.

The Contents are accessible 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 Contents offered by the Site, by any process whatsoever, without the prior written permission of BOARDING RING is strictly prohibited and would be likely to constitute an infringement under Articles L 335-2 and following of the Intellectual Property Code.

The "BOARDING RING" trademark is a registered trademark of BOARDING RING. Any representation and/or reproduction and/or partial or total exploitation of this brand, of any nature whatsoever, is totally prohibited without the prior written permission of BOARDING RING.

In particular, you agree not to use the Contents in such a way as to infringe, directly or indirectly, BOARDING RING's intellectual property rights, and that such use constitutes an infringement or unfair or parasitic competition of the Contents.

DISPUTE SETTLEMENT
Before taking any action or recourse against BOARDING RING, you agree to try to resolve the dispute amicably by contacting BOARDING RING at this address: glasses@boardingring.com. We will attempt to resolve the dispute amicably, by contacting you by e-mail, within a maximum period of thirty (30) days.

Any claim, amicable or judicial, relating to the execution or interpretation of the TOS must be made within one (1) year from the event generating or the deactivation of the account, under penalty of limitation.

Any dispute to which the use of the Sites may give rise or which relates to the execution or interpretation of the GCU shall be governed by French law and the exclusive jurisdiction of the courts of TOULON.

NOTIFICATIONS
By authorizing the collection of your personal data, you hereby authorize us, through these TOS, to send you all notifications to the e-mail address used to create your account and newsletter information, according to your choice. For the avoidance of doubt, you will be deemed to have received any notice sent under these TOS when sent by BOARDING RING. If you decide that you no longer wish to receive these notifications by e-mail, you must request this by e-mail to the following address: glasses@boardingring.com.

INTERPRETATION
In case of difficulty of interpretation between any of the headings at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.

NULLITY
The nullity of a clause does not entail the nullity of the GCU, with the exception of that of an impulsive and decisive clause that led one of the Parties to contract. The cancelled stipulation(s) shall be deemed to be unwritten.

TOLERANCE
The fact that either Party does not avail itself at any given time of any of the clauses or that it tolerates the temporary or permanent non-fulfilment of the other Party's obligations may not be interpreted as a waiver of the right to avail itself at a later date. The fact that either of the Parties tolerate a non-performance or imperfect performance of these TOU or, more generally, tolerate any act, abstention or omission of the other Party that does not comply with the provisions of these TOU shall not confer any right whatsoever on the Party benefiting from this tolerance.