Definitions of the Terms
Client: any professional or natural person capable within the meaning of articles 1123 et seq. of the Civil Code, or legal person, who visits the Site that is the subject of these general conditions.
Services and Services: https://surfboss.eu makes available to Clients:
Content: All the elements that make up the information on the Site, including texts, images and videos.
Customer information : Hereinafter referred to as „Information (s)“ which corresponds to all personal data that may be held by https://surfboss.eu for the management of your account, customer relationship management and for analysis and statistics purposes.
User: Internet user connecting, using the above-mentioned site.
Personal information: „Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies“ (article 4 of law n° 78-17 of 6 January 1978).
The terms „personal data“, „data subject“, „subcontractor“ and „sensitive data“ have the meaning defined by the General Data Protection Regulations (GPDR: No. 2016-679)
1. Presentation of the website.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://surfboss.eu website are informed of the identity of the various parties involved in its implementation and monitoring:
Owner: SARL Hurricane Surf Share capital of 1 200,00 € VAT number: FR78531226827 – 399 AV DES FORGERONS 40150 Soorts Hossegor
Publication manager: Craig Butcher – firstname.lastname@example.org
The publication manager is a natural person or a legal entity.
Webmaster: Thibault Caumont – email@example.com
Host: ovh – 2 rue Kellermann 59100 Roubaix 1007
Data Protection Officer: Craig Butcher – firstname.lastname@example.org
The legal notices are based on the model proposed by the Orson.io RGPD legal notice generator.
2. General conditions of use of the site and the services offered.
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The Client may not in any way reuse, transfer or exploit for its own account all or part of the elements or works of the Site.
This website is normally accessible to users at all times. However, an interruption for technical maintenance reasons may be decided by https://surfboss.eu, which will then endeavour to inform users in advance of the dates and times of the intervention. The website hhttps://surfboss.eu is regularly updated by https://surfboss.eu responsible. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to become aware of them.
3. Description of the services provided.
The purpose of the https://surfboss.eu website is to provide information about all the company’s activities. https://surfboss.eu endeavours to provide as accurate information as possible on the https://surfboss.eu website. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether caused by itself or by third party partners who provide it with this information.
All the information indicated on the website https://surfboss.eu is given for information purposes only, and is subject to change. In addition, the information on https://surfboss.eu is not exhaustive. They are given subject to modifications that have been made since they were put online.
4. Contractual limitations on technical data.
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for maintenance, infrastructure improvement, infrastructure failure or if the Services and Services generate traffic deemed abnormal.
https://surfboss.eu and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://surfboss.eu is the owner of the intellectual property rights and holds the user rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorization of: https://surfboss.eu.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L. 335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability.
https://surfboss.eucannot be held liable for direct or indirect damage caused to the user’s equipment when accessing the https://surfboss.eu website, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
https://surfboss.eu cannot also be held liable for indirect damages (such as loss of market share or loss of opportunity) resulting from the use of the https://surfboss.eu. website. Interactive areas (possibility of asking questions in the contact area) are available to users. https://surfboss.eu reserves the right to delete, without prior notice, any content deposited in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, https://surfboss.eu also reserves the right to hold the user liable in civil and/or criminal proceedings, in particular in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photography, etc.).
7. Management of personal data.
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for trust in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulations (RGPD: n° 2016-679).
7.1 Persons responsible for collecting personal data
For Personal Data collected in the context of creating the User’s personal account and browsing the Site, the person responsible for processing Personal Data is: Hurricane Surf. https://surfboss.eu is represented by Craig Butcher, its legal representative
As the controller of the data it collects, https://surfboss.eu undertakes to comply with the legal provisions in force. In particular, it is the Client’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with full information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever https://surfboss.eu processes Personal Data, https://surfboss.eu takes all reasonable measures to ensure that the Personal Data is accurate and relevant to the purposes for which https://surfboss.eu processes it.
7.2 Purpose of the data collected
https://surfboss.eu is likely to process all or part of the data:
- to allow navigation on the Site and the management and traceability of the services and services ordered by the user: connection and use data of the Site, invoicing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking…): computer equipment used for browsing, IP address, password (hashed)
- to improve navigation on the Site: login and usage data
- to conduct optional satisfaction surveys on https://surfboss.eu : email address
- to conduct communication campaigns (sms, email): phone number, email address
https://surfboss.eu does not sell your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, https://surfboss.eu Users have the following rights:
- right of access (Article 15 DGPS) and rectification (Article 16 DGPS), updating, completeness of Users‘ data right to block or delete Users‘ personal data (Article 17 of the DGPS), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited
- right to withdraw consent at any time (Article 13(2)(c) DGPS)
- right to limit the processing of Users‘ data (Article 18 DGPS)
- right to object to the processing of Users‘ data (Article 21 DGPS)
- the right to the portability of the data provided by Users, when such data are processed automatically on the basis of their consent or a contract (Article 20 DGPS)
- the right to define the fate of Users‘ data after their death and to choose to whom https://surfboss.eu shall communicate (or not) its data to a third party previously designated by them
As soon as https://surfboss.eu becomes aware of the death of a User and in the absence of instructions from him, https://surfboss.eu undertakes to destroy his data, unless their storage is necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how https://surfboss.eu uses his Personal Data, requests to rectify them or objects to their processing, the User may contact https://surfboss.eu in writing at the following address:
Hurricane Surf – DPO, Craig Butcher
399 AV DES FORGERONS 40150 Soorts Hossegor.
In this case, the User must indicate the Personal Data that he or she would like https://surfboss.eu to correct, update or delete, precisely by identifying himself or herself with a copy of an identity document (identity card or passport).
Requests to delete Personal Data will be subject to the obligations imposed on https://surfboss.eu by law, in particular with regard to the conservation or archiving of documents. Finally, https://surfboss.eu Users can file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-communication of personal data
https://surfboss.eu shall not process, host or transfer Information collected on its Customers to a country outside the European Union or recognised as „unsuitable“ by the European Commission without first informing the Customer. Nevertheless, https://surfboss.eu remains free to choose its technical and commercial subcontractors on condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulations (RGPD: No. 2016-679).
https://surfboss.eu undertakes to take all necessary precautions to preserve the security of the Information and in particular that it will not be communicated to unauthorised persons. However, if an incident affecting the integrity or confidentiality of Customer Information is brought to the attention of https://surfboss.eu, the latter must inform the Customer as soon as possible and inform him of the corrective measures taken. In addition, https://surfboss.eu does not collect any „sensitive data“.
The User’s Personal Data may be processed by subsidiaries of https://surfboss.eu and subcontractors (service providers) exclusively for the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of https://surfboss.eu Users are mainly our customer service agents.
8. Incident notification
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of the user of the https://surfboss.eu site is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the purchase of https://surfboss.eu and its rights would allow the transmission of this information to the potential purchaser, who would in turn be bound by the same obligation to store and modify the data with regard to the user of the https://surfboss.eu. website.
Safety and security
To ensure the security and confidentiality of Personal Data and Personal Health Data, https://surfboss.eu uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://surfboss.eu takes all reasonable measures to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
9. Hypertext links „cookies“ and internet tags<
The https://surfboss.eu site contains a number of hypertext links to other sites, set up with the authorization of https://surfboss.eu. However, https://surfboss.eu has no possibility to check the content of the sites thus visited, and will therefore not assume any responsibility for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time and free of charge from the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
A „cookie“ is a small information file sent to the User’s browser and stored on the User’s terminal (e.g. computer, smartphone), (hereinafter „Cookies“). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, and the date and time of access. Cookies do not risk damaging the User’s terminal in any way.
https://surfboss.eu is likely to process the User’s information concerning his visit to the Site, such as the pages consulted and the searches carried out. This information allows https://surfboss.eu to improve the content of the Site and the User’s navigation.
Cookies facilitate the navigation and/or provision of the services offered by the Site, the User may configure his browser so that he can decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User may also configure his browser software in such a way that the acceptance or rejection of Cookies is offered to him from time to time, before a Cookie is likely to be registered in his terminal. https://surfboss.eu informs the User that, in this case, it may be that not all the functionalities of his browser software are available.
If the User refuses to accept cookies in his or her device or browser, or if the User deletes cookies registered there, the User is informed that his or her browsing and experience on the Site may be limited. This could also be the case when https://surfboss.eu or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the device, the language and display settings or the country from which the device appears to be connected to the Internet.
If applicable, https://surfboss.eu declines all responsibility for the consequences linked to the degraded operation of the Site and any services offered by https://surfboss.eu, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://surfboss.eu to record or consult the Cookies necessary for their operation because of the User’s choice. For the management of Cookies and User choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow you to find out how the User can change his or her cookie preferences.
At any time, the User may choose to express and modify his or her wishes regarding Cookies. https://surfboss.eu may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to Twitter, Facebook, Linkedin and Google Plus social networks on the https://surfboss.eu Site or in its mobile application and if the User has accepted the deposit of cookies by continuing his navigation on the https://surfboss.eu Site or mobile application, Twitter, Facebook, Linkedin and Google Plus can also deposit cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only placed on your devices if you consent, by continuing to browse the Website or the mobile application of https://surfboss.eu. At any time, however, the User may withdraw his consent for https://surfboss.eu to place this type of cookie.
Article 9.2. INTERNET TAGS
https://surfboss.eu may occasionally use Internet tags (also known as „tags“, or action tags, single-pixel GIF, transparent GIF, invisible GIF, and one-to-one GIF) and deploy them through a web analytics partner who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site.
This technology allows https://surfboss.eu to evaluate visitors‘ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the User’s use of this Site.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site for https://surfboss.eu, and provide other services related to the use of the Site and the Internet.
10. Applicable law and jurisdiction.
Any dispute related to the use of the https://surfboss.eu website is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is vested in the competent courts of Dax.