Terms of Service

Welcome to BOARDING RING!

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

The T&Cs are concluded between, on the one hand, the simplified joint-stock company BOARDING RING, with a capital of 10,549 euros, with VAT number FR53811384288, registered with 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 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 T&Cs and/or BOARDING RING's General Terms and Conditions of Sale.

1. OBJECT

The T&Cs apply 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 to all other associated sites, if applicable (hereinafter the “Site” or the “Sites”, if applicable).

BOARDING RING reserves the right, and at its sole discretion, to freely modify the T&Cs at any time and invites the User to consult them regularly. In the event of modification of the T&Cs, the T&Cs applicable to the Sites will be those in force at the time of the User's order on the Sites. The T&Cs come into force as soon as they are published on the Sites and immediately replace the old T&Cs for all future operations.

2. EDITOR

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

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

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

3. YOUR RIGHTS AND OBLIGATIONS

3.1 ACCEPTANCE OF THE TOS

The T&Cs define your contractual relationship with BOARDING RING, as well as the conditions under which the Sites may be used.

The T&Cs as well as, where applicable, our General Conditions of Sale, express all of the rights and obligations of the User and of BOARDING RING and shall prevail over any other general or specific conditions not expressly approved by BOARDING RING.

By accessing the Site, the User fully, unconditionally and without reservation these T&Cs as well as, where applicable, our General Terms and Conditions of Sale. The User must under no circumstances use our Sites if he does not subscribe to these T&Cs. In the event that the User does not wish to accept all or part of the T&Cs, he is asked to renounce all use of the Sites.

3.2 USE OF THE SITE

By connecting to the Sites, the User certifies that they are of age and legally capable and accepts the T&Cs without reservation. To be able to use the Site, the User must have a terminal equipped with a web browser as well as Internet access (access cost borne by the User).

3.3 CONTENTS

The Content designates all the information made available to you by BOARDING RING.

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

The User is solely responsible for the use of the Content of the Sites with a hypertext link, BOARDING RING disclaiming all liability for this Content 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 Content of the Sites.

3.4 ACCEPTABLE USE POLICY

We expect the User to use our Sites responsibly. To this effect, the User must not do or attempt to do or encourage a User or a third party to do or attempt to do any of the following things while accessing and using our Services:

Reconstitute 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 deliberately infringe the intellectual property rights of third parties, in particular, their patents, copyright, registered trademark, trade secret, or any other applicable intellectual rights such as those which exist today or which would come into existence, all over the world.

Access the Site using automated methods (such as robots, spiders, etc.), except with the prior written consent of BOARDING RING.

Upload viruses or other malicious code to the Sites.

Use the Site for an illicit, illegal, malicious or discriminatory purpose.

Interfere with the proper functioning of the Sites.

The User acknowledges that any violation of the T&Cs allows BOARDING RING, notwithstanding any recourse against it, to take measures to restrict its access to the Sites.

3.5 PERSONAL DATA

The User is informed that within the meaning of the T&Cs, 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 (ci - after referred to as "data subject"); an "identifiable natural person" is deemed to be 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 online identifier, or to one or more specific elements specific to his physical, physiological, genetic, psychic, economic, cultural or social identity”.

By continuing to browse 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, email address, date of birth, postal address, telephone number);
• Password for creating the account;
• Economic information (data relating to the means of payment, the bracket in which your income is located if you respond to the surveys sent to you by BOARDING RING, data relating to transactions, data relating to the monitoring of the commercial relationship);
• Connection data (IP address).

Certain functionalities of the Sites may require that you register by providing personal data and in particular 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. The User is responsible for protecting his username and password. Unless proven otherwise, any connection to the Sites or transmission of data made from the User's access codes will be deemed to have been made by the latter. In the event of loss or theft of his username 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 inform BOARDING RING at following address, in order to revoke his username and password and obtain new ones: glasses@boardingring.com . BOARDING RING cannot under any circumstances be held responsible for access to the Site by unauthorized third parties permitted by the illicit use of your username and password.

3.6 PURPOSE OF PROCESSING PERSONAL DATA

The User's personal data is subject to processing implemented by BOARDING RING for the exclusive purpose of providing, operating, maintaining and improving our products and Sites as well as to manage the customer relationship.

The processing implemented by BOARDING RING has the following purposes:

• the creation of the customer account
• processing a commercial transaction or managing an order on the Site;
• carrying out operations relating to customer management;
• bookkeeping and in particular the management of customer accounts;
• monitoring customer relations such as conducting satisfaction surveys, managing complaints and after-sales service;
• carrying out operations relating to prospecting and the development of trade statistics;
• the management of requests for the right of access, rectification, opposition, forgetting, limitation of processing, information, data portability, testament relating to data and opposition to profiling;
• the management of unpaid bills and disputes;
• the management of people's opinions on products, services or Content.

We guarantee to have satisfied all the legal obligations relating to the protection of personal data, and in particular to have carried out all the preliminary formalities with the French data protection authority, the Commission Nationale de l'Informatique et des Libertés (CNIL), which fell to us for the implementation of the processing of personal data under the number 1943967 v 0 dated March 31, 2016.

3.7 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 put in place 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 only to employees who have a real need to know it in the context 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 away without your consent for any reason, unless the transfer is necessary for the services.

On the other hand, when the regulations in force so require, BOARDING RING is likely to transmit your data to the organizations and authorities legally authorized to access it (in particular the judicial and administrative authorities).

Credit card data is not held by BOARDING RING. BOARDING RING holds the details of partial bank 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 put in place, such as SSL encryption and the use of fraud management services. We also require vendors who process and/or store your bank details to comply with Payment Card Industry Data Security Standards (PCI-DSS) to ensure the confidentiality and integrity of cardholder data. bank cards and transactions.

In order to ensure the confidentiality of personal data concerning you, 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.

If your personal data were to be transferred to a State 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 conclude with the latter standard contractual clauses adopted by the European Commission.

As an exception to the above, if you are visiting the Site from the United States, note that your personal data is stored in the United States.

If you visit the Website from other regions applying 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 health data host within the meaning of article L1111-8 of the Public Health Code and does not use such a service provider, your personal data being not collected during prevention, diagnosis, care or social and medico-social follow-up activities.

In the event of outsourcing of the hosting of your personal data, BOARDING RING undertakes to contractually transfer to the service provider all the obligations stipulated in the European General Data Protection Regulation.

3.8 DATA RETENTION DURATION

BOARDING RING keeps your personal data for a period that does not exceed the period necessary for the purposes set out 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 during litigation.

Personal data allowing proof of a right or contract to be established, or kept for compliance with 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 relating to the protection of personal data, you have a right of access, rectification, deletion of data and opposition to the processing of your data, as well as the right to define the fate of your data after your death.

You can exercise your rights and make your requests by sending us an e-mail or letter, accompanied by an identity document, to the following address glasses@boardingring.com – BOARDING RING, 661 chemin de Chateauvallon - 83190 OLLIOULES or by using the contact form made available to you on the Site.

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

3.10 COOKIES

When you use the Sites, cookies may be installed on your device. 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 process.

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

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

Cookies are small data files saved on your terminal (computer, tablet, mobile phone or device, etc.) when you browse our Sites and when you use our Sites until their lifespan expires or until whether you disable or delete them using your browser functionality. These cookies allow our website to recognize your browser and to capture and store certain information, including personal data.

The cookies deposited and read on the hard disk of your terminal by BOARDING RING have the following purposes:

• carry out audience measurement, namely the measurement of visits to and use of the Sites (content, headings, 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 store your preferences for future visits to the Site.

In accordance with the principles relating to data protection, you are informed that cookies are kept for the duration strictly necessary for the purposes for which they are used and this, within the limits defined by the competent protection authority, i.e. thirteen (13) months from their placement.

To disable cookies, you must configure 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 functionalities of the Site may no longer be operational.

Furthermore, if the browser of your personal computer 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 particularly the case for third-party applications integrated into our media via the "Share" and "Recommend" buttons... from social networks such as “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, 7 days a week, but has no obligation to do so, in particular in the event of force majeure, malfunction of the network, servers, or any other event beyond its control.

BOARDING RING may temporarily interrupt, suspend or modify access to the Site without 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 any case, BOARDING RING will make 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.

3.12 CREATION OF HYPERLINKS

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

The establishment of hypertext links pointing to a page of the Site is authorized, subject to respecting the rights of BOARDING RING, to mention the sources and the date of the last update of the said page and not to distort the comments appearing on 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 which it considers to be 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 cannot be held responsible for the practices of third-party websites made accessible or to which our Sites refer, nor for their information or content.

Note that when you use a link to another website, our T&Cs are no longer applicable. Your browsing and actions on any other site, including those to which we link, are subject to that site's own rules and policies. Additionally, you are solely responsible for any content you choose to post on or through a third party site, if any.

3.13 TERMINATION

We also reserve the right to suspend or close your account at any time and without notice, if you do not comply with these T&Cs or if you use the Sites in violation of the Acceptable Use Policy or the legal or regulatory provisions in force. .

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

3.14 RESPONSIBILITIES AND GUARANTEES

BOARDING RING's commitments under these T&Cs constitute an obligation of means.

BOARDING RING has no control over the use or interpretation that you make of the information and advice appearing on the Sites, they are your sole responsibility.

Within the limits permitted by law, under no circumstances can BOARDING RING, its subsidiaries, distributors or suppliers be held liable for any direct, indirect and/or immaterial damage, such as the loss or destruction of data, the loss of profits and benefits actual or potential, however caused and on any basis whatsoever, whether or not BOARDING RING was informed of the possible occurrence of such damages.

In the event of conviction of BOARDING RING, the amount of the judgments pronounced against it cannot exceed the greater of these two sums: (i) the total amount of the sums paid to BOARDING RING during the last six (6) months, at the exclusion of the purchase price of the product or (ii) one hundred (100.00) euros.

3.15 INTELLECTUAL PROPERTY RIGHTS

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

These T&Cs, unless expressly stipulated otherwise, do not grant you any right, title or interest in the intellectual property rights of BOARDING RING.

The Content is 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 Content offered by the Site, by any process whatsoever, without the prior written authorization of BOARDING RING is strictly prohibited and could constitute an infringement within the meaning of Articles L 335-2 and following of the Intellectual Property Code.

The brand “BOARDING RING” is a trademark registered by 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 authorization of BOARDING RING.

In particular, you are prohibited from using the Content in such a way as to infringe, directly or indirectly, the intellectual property rights of BOARDING RING, and that this use constitutes counterfeiting or unfair or parasitic competition of the Content.

3.16 DISPUTE RESOLUTION

Before bringing 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 try to resolve the dispute amicably, by contacting you by e-mail, within a maximum of thirty (30) days.

Any claim, amicable or judicial, relating to the execution or interpretation of the T&Cs must be made within one (1) year of the event giving rise to or deactivation of the account, on pain of prescription.

Any dispute to which the use of the Sites could give rise or relating to the execution or interpretation of the T&Cs will be subject to French law and the exclusive jurisdiction of the courts of TOULON.

3.17 NOTICES

By authorizing the collection of your personal data, you authorize us by these T&Cs, to send you any notifications to the e-mail address used to create your account and the information of the newsletter, according to your choice. For the avoidance of doubt, you will be deemed to have received any notification sent under these T&Cs, when sent by BOARDING RING. If you decide that you no longer want to receive these email notifications, you should request this by emailing: glasses@boardingring.com

4. INTERPRETATION

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.

5. NULLITY

The nullity of a clause does not entail the nullity of the T&Cs, with the exception of that of an impulsive and decisive clause having led one of the Parties to contract. The canceled stipulation(s) are deemed unwritten.

6. TOLERANCE

The fact that one or other of the Parties does not avail itself at a given time of any of the clauses or that it tolerates the temporary or permanent non-performance of the obligations of the other Party cannot be interpreted as a waiver to take advantage later. The fact that either Party tolerates non-performance or imperfect performance of these T&Cs or, more generally, to tolerate any act, abstention or omission by the other Party that does not comply with the provisions of these T&Cs cannot confer any right on the Party benefiting from this tolerance.

You can contact BOARDING RING by email at glasses@boardingring.com.