Definitions
Client: Any professional or natural person capable under Articles 1123 and following of the Civil Code, or legal entity, who visits the Website subject to these general terms and conditions.
Services: https://raceandshape.com/ provides Clients with various services.
Content: All elements constituting the information present on the Website, including texts, images, and videos.
Client Information: Hereinafter referred to as “Information(s)”, corresponding to all personal data that may be held by https://raceandshape.com/ for the management of your account, customer relations, and for analysis and statistical purposes.
User: Any internet user connecting to and using the aforementioned site.
Personal Data: “Any information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom they apply” (Article 4 of Law No. 78-17 of January 6, 1978).
The terms “personal data”, “data subject”, “processor”, and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1. Website Presentation
Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on Confidence in the Digital Economy, the identity of the various stakeholders involved in the creation and monitoring of the website https://raceandshape.com/ is specified:
- Owner: BOELLA Baptiste – 91 rue Pierre et Marie Curie, 73290 La Motte-Servolex
- Publication Manager: BOELLA Baptiste – baptiste.boella@outlook.com
- The publication manager may be either a natural or a legal person.
- Webmaster: BOELLA Baptiste – baptiste.boella@outlook.com
- Hosting Provider: HOSTINGER operations, UAB – Švitrigailos str. 34, 03230 Vilnius, Lithuania, +37064503378
- Data Protection Officer: BOELLA Baptiste – baptiste.boella@outlook.com
2. General Terms of Use of the Site and Services Offered
The Website constitutes an intellectual work protected under the provisions of the Intellectual Property Code and applicable international regulations.
The Client may not in any way reuse, transfer, or exploit for personal purposes all or part of the elements or works of the Site.
Use of the website https://raceandshape.com/ implies full acceptance of the terms of use described below. These terms of use may be modified or supplemented at any time; users of https://raceandshape.com/ are therefore invited to consult them regularly.
This website is normally accessible to users at all times. However, https://raceandshape.com/ may decide to interrupt access for technical maintenance and will endeavor to communicate the dates and times of such interventions in advance.
The website https://raceandshape.com/ is regularly updated by https://raceandshape.com/. Similarly, the legal notices may be modified at any time: they nonetheless apply to the user, who is invited to refer to them as often as possible in order to be aware of them.
3. Description of Services Provided
The website https://raceandshape.com/ aims to provide information about all activities of the company.
https://raceandshape.com/ strives to provide the most accurate information possible on the site. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updates, whether caused by itself or by third-party partners providing such information.
All information provided on https://raceandshape.com/ is for informational purposes only and is subject to change. Furthermore, the information on the site is not exhaustive and is provided subject to modifications that have been made since it was published.
4. Technical Data Limitations
The site uses JavaScript technology.
The website cannot be held liable for material damages related to its use. Additionally, the user agrees to access the site using recent equipment free from viruses and with an updated latest-generation browser.
The website https://raceandshape.com/ is hosted within the European Union in compliance with the General Data Protection Regulation (GDPR: No. 2016-679).
The aim is to provide a service ensuring the highest level of accessibility. The hosting provider ensures the continuity of its service 24/7. However, it reserves the right to interrupt hosting services for the shortest possible duration, particularly for maintenance, improvement of infrastructure, infrastructure failure, or in cases where the services generate an abnormal level of traffic.
https://raceandshape.com/ and the hosting provider cannot be held responsible in the event of internet network malfunctions, telephone line issues, or computer and telecommunications equipment failures that prevent access to the server.
5. Intellectual Property and Counterfeiting
https://raceandshape.com/ owns the intellectual property rights and usage rights over all elements accessible on the website, including text, images, graphics, logos, videos, icons, and sounds.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited without prior written authorization from https://raceandshape.com/.
Unauthorized exploitation of the site or any of its elements will be considered an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
6. Liability Limitations
https://raceandshape.com/ acts as the publisher of the site and is responsible for the quality and accuracy of the Content it publishes.
https://raceandshape.com/ cannot be held responsible for direct or indirect damage caused to the user’s equipment when accessing the site, resulting from either the use of equipment not meeting the specifications outlined in section 4, or the occurrence of a bug or incompatibility.
https://raceandshape.com/ is also not responsible for indirect damages (such as loss of market or loss of opportunity) arising from the use of the website.
Interactive spaces (such as the ability to ask questions in the contact area) are available to users. https://raceandshape.com/ reserves the right to delete, without prior notice, any content posted in these spaces that contravenes French legislation, particularly data protection regulations. If necessary, https://raceandshape.com/ also reserves the right to hold the user liable, both civilly and criminally, in cases of racist, offensive, defamatory, or pornographic messages, regardless of the medium used (text, images, etc.).
7. Management of Personal Data
The Client is informed of the regulations concerning marketing communication, the Law of June 21, 2014, for Confidence in the Digital Economy, the Data Protection Act of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Data Collection Responsibility
For personal data collected in connection with the creation of the User’s personal account and navigation on the Site, the data controller is: BOELLA Baptiste. https://raceandshape.com/ is represented by BOELLA Baptiste, its legal representative.
As the data controller, https://raceandshape.com/ undertakes to comply with the legal provisions in force. It is particularly responsible for defining the purposes of its data processing, providing complete information to its prospects and clients upon collecting their consent, and maintaining a register of processing activities in compliance with reality.
Each time https://raceandshape.com/ processes personal data, it takes all reasonable measures to ensure the accuracy and relevance of the data concerning the purposes for which it processes them.
7.2 Purpose of Collected Data
https://raceandshape.com/ may process some or all of the following data:
- To allow navigation on the Site and manage and track services ordered by the user: connection and usage data, billing, order history, etc.
- To prevent and combat fraud, including hacking and spam: hardware used for navigation, IP address, hashed password.
- To improve navigation on the Site: connection and usage data.
- To conduct optional satisfaction surveys on https://raceandshape.com/: email address.
- To carry out communication campaigns (SMS, email): phone number, email address.
https://raceandshape.com/ does not sell your personal data, which is only used when necessary or for statistical and analytical purposes.
7.3 Right of Access, Rectification, and Objection
In accordance with European regulations, Users of https://raceandshape.com/ have the following rights:
- Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, and completeness of their data.
- Right to block or erase personal data (Article 17 GDPR) when it is inaccurate, incomplete, ambiguous, outdated, or if its collection, use, communication, or retention is prohibited.
- Right to withdraw consent at any time (Article 13-2c GDPR).
- Right to restrict data processing (Article 18 GDPR).
- Right to object to data processing (Article 21 GDPR).
- Right to data portability for data provided by Users when processing is based on their consent or a contract (Article 20 GDPR).
- Right to determine what happens to their data after death and designate a third party to whom https://raceandshape.com/ should (or should not) communicate their data.
If https://raceandshape.com/ becomes aware of a User’s death and has received no instructions, it commits to deleting the data unless retention is necessary for evidentiary or legal compliance purposes.
To understand how https://raceandshape.com/ uses their personal data, request correction, or oppose processing, Users may contact:
BOELLA Baptiste – Data Protection Officer (DPO), 91 rue Pierre et Marie Curie, 73290 La Motte-Servolex, France.
The User must specify the personal data they wish to be corrected, updated, or deleted and provide a copy of an identification document (ID card or passport).
Requests for data deletion are subject to legal retention obligations. Finally, Users may file a complaint with data protection authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-Disclosure of Personal Data
https://raceandshape.com/ refrains from processing, hosting, or transferring collected client data to a country outside the European Union or recognized as “non-adequate” by the European Commission without prior notice. However, https://raceandshape.com/ remains free to choose its technical and commercial subcontractors as long as they meet GDPR requirements.
https://raceandshape.com/ takes all necessary precautions to safeguard data security, preventing unauthorized access. However, if an incident affecting data integrity or confidentiality occurs, https://raceandshape.com/ will promptly notify affected Users and provide corrective measures.
Personal data may be processed by subsidiaries and subcontractors of https://raceandshape.com/ strictly to fulfill the purposes outlined in this policy. The primary individuals with access to user data are customer service representatives.
8. Incident Notification
Despite best efforts, no internet transmission or electronic storage method is entirely secure. If a security breach occurs, we will notify affected Users so they can take appropriate action. Our notification procedures comply with national and European legal requirements.
No personal user data from https://raceandshape.com/ is published, transferred, exchanged, or sold to third parties without the user’s knowledge. Only in the event of an acquisition of https://raceandshape.com/ and its rights would data be transferred to the potential buyer, who would be bound by the same obligations of data protection.
Security To ensure security and confidentiality, https://raceandshape.com/ employs standard protections such as firewalls, pseudonymization, encryption, and password security. When processing personal data, all reasonable measures are taken to prevent loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hyperlinks, Cookies, and Internet Tags
https://raceandshape.com/ contains hyperlinks to other sites, established with authorization. However, https://raceandshape.com/ has no control over these sites and is not responsible for their content.
Unless you disable cookies, you agree that the site may use them. You may disable cookies at any time for free, but this may limit access to some services.
9.1 Cookies
A “cookie” is a small data file sent to the User’s browser and stored on their device (computer, smartphone). It contains data such as the User’s domain name, internet service provider, operating system, and access date/time.
https://raceandshape.com/ may collect information about your visit, such as pages viewed and searches conducted, to improve content and navigation.
Users can configure their browser to decide whether to accept or reject cookies. Refusing cookies may impact site functionality. For browser-specific cookie settings, refer to the browser’s help menu.
Users can also modify their cookie preferences at any time. Additionally, social media platforms like Twitter, Facebook, LinkedIn, and Google Plus may deposit cookies if the User continues browsing on https://raceandshape.com/.
9.2 Internet Tags
https://raceandshape.com/ may occasionally use Internet tags (also known as “tags,” action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and single GIFs) and deploy them through a web analytics partner who may be located in a foreign country (and therefore store the corresponding information, including the User’s IP address).
These tags are placed both in online advertisements that allow users to access the Site and on various pages of the Site itself.
This technology enables https://raceandshape.com/ to evaluate visitor responses to the Site and the effectiveness of its actions (e.g., the number of times a page is opened and the information viewed), as well as the User’s use of the Site.
The external service provider may collect information about visitors to the Site and other websites through these tags, generate reports on the Site’s activity for https://raceandshape.com/, 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 website https://raceandshape.com/ is subject to French law.
Except in cases where the law does not permit it, exclusive jurisdiction is granted to the competent courts of Chambéry.