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CONDITIONS OF USE FOR THE SITE QUIKSILVER

Index

1.  APPLICABLE LAW...

2.  SITE PUBLISHER AND HOST..

3.  MODIFICATIONS TO THE TERMS AND CONDITIONS OF USE.

4.  OWNERSHIP AND INTELLECTUAL PROPERTY..

5.  PRIVACY AND PERSONAL DATA PROTECTION..

5.1  Personal data collected on the Site.

5.1.1  Personal data collected from the User.

5.1.2  Data collected indirectly as a result of using the Site.

5.2  The use of personal data and traffic data on the Site.

5.3  The confidentiality of User data..

5.4  Browsing data handled by "cookies".

5.4.1  What is a "cookie"?.

5.4.2  How can a User oppose the use of cookies?.

5.4.3  Cookies coming from third parties (advertising servers, etc.).

5.5  The rights of Users.

5.5.1  Rights guaranteed by European and French legislation on the protection of personal data.

5.6  Rights of the User with respect to e-mail marketing.

6.  LIABILITY AND WARRANTIES..

6.1  Non-confidentiality of messages sent over the Internet..

6.2  Hypertext links to third-party sites.

6.3  Liability relating to the Content on the Site.

6.4  Warranties.

 

1.  APPLICABLE LAW

The Site is subject to French law. Any use of the Site must comply with French laws and applicable national and international treaties and instrument. Any such use shall be deemed to have been made on French territory. By accessing and/or using the Site, the user shall be approving expressly these general terms and conditions of use.

For the purpose of these terms and conditions, the expressions "You", "Your", "User", "Member", shall refer to any person consulting, having tried to consult or having consulted any item of any kind on any page accessible via the Site's main domain name indicated hereinbefore. 

2.  SITE PUBLISHER AND HOST

The Site is published by the French company Na Pali S.A.S, with a share capital of €13,545,100, whose head office is located in France at 162 rue Belharra 64500 Saint Jean de Luz, registered with the Trade and Companies Registry of Bayonne, France, under number B 331 377 036, whose intercommunity VAT number is FR42331377036 and whose telephone number is +33 (0)5 59 51 77 33, hereinafter referred to as “Quiksilver Europe” or “Us”. The representative of Quiksilver Europe for the Site is Mr.Nicolas Foulet, Digital manager.

3.  MODIFICATIONS TO THE TERMS AND CONDITIONS OF USE.

Quiksilver Europe reserves the right at any time to modify or amend the pages on the Site or these terms and conditions of use of the Site. These modifications shall come into force as soon as they are put online on the Site.

Users are therefore invited to consult the version of the terms and conditions constantly updated on the Site. The fact that the User is present on the Site implies that he has fully accepted the version in force on the Site at the moment of his visit. 

4.  OWNERSHIP AND INTELLECTUAL PROPERTY..

 

All of the content of this Site, including but not limited to the technical architecture and designs, texts, photographs, illustrations, videos, drawings, models, trademarks, software, databases and programming, etc (hereinafter referred to as the "Content"), are the property of Quiksilver Europe, of its technical service providers or its licensors. In particular, Quiksilver™ and the various brands and logos used on the Site are registered trademarks, the use or reproduction of which would constitute an infringement. All the rights to use and to reproduce this Content are reserved and subject to the prior and written authorisation of Quiksilver Europe or of their respective owners.

In accordance with the French Intellectual Property Code and with other enforceable international treaties, any representation, reproduction or use of this Content, whether in whole or in part and by any means whatsoever, which has not been expressly authorised, shall be deemed illicit and liable to civil, commercial or criminal proceedings undertaken by the rights holders to this Content. 

5.  PRIVACY AND PERSONAL DATA PROTECTION..

Quiksilver Europe protects the personal data of Site Users and complies with the most restrictive French and European privacy and personal data protection rules.

 

All processing of personal data used by Quiksilver Europe for the purposes of the Site have been notified by Quiksilver Europe to the French personal data protection authority, the Commission Nationale de l’Informatique et des Libertés (http://www.cnil.fr). 

5.1  Personal data collected on the Site

5.1.1  Personal data collected from the User

 

When You use the Site, personal data may be collected from You by Quiksilver Europe, when You wish to receive the Quiksilver Europe newsletter, when You send an e-mail to Quiksilver Europe, when You participate in a newsgroup, when You fill in a form containing Your personal data or when You create or access Your "Users account" (first name, surname, e-mail address, other personal information). 

5.1.2  Data collected indirectly as a result of using the Site

When Users browse through the Site, Quiksilver Europe may indirectly collect information relating to this consultation and use of the Site by the User, or data relative to connections to the Site and browsing through the Site (IP address of the User's computer, etc.) 

5.2  The use of personal data and traffic data on the Site

The main purpose of collecting personal data as described in section 5.1 above is to enable Quiksilver Europe to provide Site Users with access to the information and services to which they have subscribed, to manage Member accounts, to establish Quiksilver Europe Site and service usage statistics, to improve browsing through the Site, to guarantee the security and data integrity of the Site or to send newsletters and commercial information from Quiksilver Europe and/or its commercial partners, subject to prior authorisation (or, depending on the case, failing opposition) from the User.

 

Quiksilver Europe is the recipient of the personal data collected from Users as are, where applicable, Quiksilver Europe service providers who work on our behalf on the Site and the services used by Users.

 

Quiksilver Europe may use and disclose the statistics and traffic data that it draws up, with any third party, in a non-identifiable form.

 

 

5.3  The confidentiality of User data

 

Quiksilver Europe undertakes to ensure the confidentiality and safety of all personal data that it holds and to not make them available to any third parties, other than for those situations provided for in these terms and conditions of use. Quiksilver Europe also undertakes to make its best efforts to implement the technical security and organisational measures necessary to protect such personal data, in accordance with these terms and conditions of use and with the law applicable to the Site, as mentioned in section 1 above. 

5.4  Browsing data handled by "cookies"

5.4.1  What is a "cookie"?

A cookie is a small text file of data sent to the User's browser by an Internet site and stored on the hard disk of the User's computer. One or several cookies may be stored by Quiksilver Europe or its service providers and advertising partners on the hard disk of the User's computer when the User browses through the site. Their purpose is only to constantly improve the service offered to Site Users in the way they can access Content, to recognize a User when he reconnects to the Site, to facilitate the management of Quiksilver Europe and for statistical purposes (pages visited, date and time of visits, etc.). 

5.4.2  How can a User oppose the use of cookies?

The User is informed he can oppose the installation of cookies. To do so, he can follow the instructions provided on the site of the CNIL, the French personal data protection authority, in the section "Your traces" which is accessible in French, English and Spanish on the CNIL website at one of the following addresses: In French: http://www.cnil.fr/index.php?id=19. In English: http://www.cnil.fr/index.php?id=42. In Spanish: http://www.cnil.fr/index.php?id=37.

 

In the event that the User has not opposed the use of cookies by configuring his browser, the User is deemed to have authorised the use of cookies by Quiksilver Europe on his computer. 

5.4.3  Cookies coming from third parties (advertising servers, etc.)

 

When the Site includes advertising banners implemented by a third-party, such third-party partner may use cookies in order to serve its own advertising services. The use of these cookies is not under the control or the liability of Quiksilver Europe.

5.5  The rights of Users

 

5.5.1  Rights guaranteed by European and French legislation on the protection of personal data

 

By virtue of European directive 95/46 of 24 October 1995 on the protection of personal data (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:FR:NOT) and French law n° 78-17 of 6

 

th

January 1978 amended by Law 2004-801 of 6

th

August 2004 (http://www.cnil.fr/index.php?id=300) and brought into force by the French Decree 2005-1309 of 20

th

August 2005, as amended by the French Decree 2007-451 of 25

th

March 2007, each Site User has the right to access, rectify and delete all personal data concerning him/her, as well as a right to oppose their use for commercial purposes by Quiksilver Europe.

 

The User may therefore ask that any personal data concerning him held by Quiksilver Europe be communicated to him, rectified, completed, clarified, updated or deleted, in the event that he/she wishes to have a copy thereof, or if these data prove to be inexact, incomplete, ambiguous or outdated.

 

In order to exercise these rights at any time or for any further information relating to Quiksilver Europe or to the Site, the User can send an e-mail to Quiksilver Europe, mentioning his/her own electronic contact details and his/her full identity (surname and first name), in order to provide Quiksilver Europe information on his/her identity, by contacting us at: Contact US

5.6  Rights of the User with respect to e-mail marketing

When the details of the User are to be used by Quiksilver Europe on behalf of a third-party for the purposes of commercial electronic marketing (e-mail, text messaging, MMS, instant messenger, automatic telephone call, fax) or to be transmitted by Quiksilver Europe to a third party for such purposes, Quiksilver Europe shall respect the rights of the User as provided for by European Directive 2002/58 of 12th July 2002 on the protection of personal data in electronic communications (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002L0058:FR:NOT) and by French law n° 2004-575 of 21st June 2004 "for Trust in the Digital Economy". Therefore, Quiksilver Europe shall only transmit the personal contact details of the User to third parties for the purposes of e-mail marketing if the User has provided Quiksilver Europe with his informed, freely given, explicit and prior consent. 

6.  LIABILITY AND WARRANTIES

It is Your responsibility to connect to the Site in conditions that comply with the law applicable to the Site and mentioned in section 1 above, as well as any applicable legislation in Your country of residence. Quiksilver Europe and its affiliated companies, head offices or subsidiaries, its managers and employees can under no circumstances be held liable for any damage of any kind arising from simply connecting to this Site, unless there is a proven fault resulting from the direct liability of Quiksilver Europe and evidenced by a final court decision rendered under the law applicable to the Site mentioned in section 1 above. 

6.1  Non-confidentiality of messages sent over the Internet

Insofar as the Internet communications by electronic mail or when accessing an Internet site such as the Site are not (by default) secured, Quiksilver Europe shall not take any liability for any voluntary or involuntary interception by a third party of one or more of the messages sent or of the data supplied to Quiksilver Europe by a User of the Site, when such data are travelling via Internet to the Site or to an electronic address belonging to Quiksilver Europe and mentioned on the Site. 

6.2  Hypertext links to third-party sites

Quiksilver Europe may include hypertext links on its Site pointing towards third-party sites, by means of banners, commercial or otherwise, or by any other means. These third-party sites are independent from the Quiksilver Europe Site. Quiksilver Europe neither publishes nor controls the sources or contents on these sites, nor any links they may have with other sites.

These links towards third-party sites shall under no circumstances be taken as the approval, validation or agreement of Quiksilver Europe with the contents of these sites, nor as an association between Quiksilver Europe and the owners and/or authors, designers, animators, managers or hosts of these sites. Consequently, Quiksilver Europe shall not be held liable for the contents, products, services, advertising, cookies, computer coding or any other elements on these sites, nor for any loss or damage, whether actual or alleged, arising from or in relation to the use of the information, services or data are available on these sites. 

6.3  Liability relating to the Content on the Site

The Site provides You with information on Quiksilver Europe, its business, its products and services and that of its partners, as well as online services and newsletters on Quiksilver Europe business and services and/or that of its partners, online discussion services, as well as the possibility of purchasing products online marketed by Quiksilver Europe.

This information is only provided as an indication. Quiksilver Europe provides no guarantee as to the relevance, accuracy or updating of the information thus distributed and shall accept no liability arising from the use of this information, these suggestions or Content, nor for any decisions taken on the basis of or under the influence of such content. Similar, any answers provided by Quiksilver Europe to the questions asked online by a User are only provided as an indication and cannot constitute advice or a commitment from Quiksilver Europe. Consequently, Quiksilver Europe shall not be held liable for any of these answers, unless there is a proven fault resulting from the direct liability of Quiksilver Europe and evidenced by a final court decision rendered under the law applicable to the Site mentioned in section 1 above. 

6.4  Warranties

Quiksilver Europe provides no warranty that the Site, its Content, the servers providing access thereto and/or the third-party sites accessible by means of hypertext links present on the Site, are free of any virus or other elements liable to cause damage to goods or persons.

Quiksilver Europe excludes any and all express or implicit warranty, in particular any warranty related to value, quality, accuracy and description or suitability of the Site to any particular use. Quiksilver Europe does not guarantee that the use or result of the use of information available through the Site or third-party sites shall be correct, accurate, reliable or of any given quality. Under no circumstances shall Quiksilver Europe accept liability for a loss of data or damage associated with such data. No information or advice provided by Quiksilver Europe shall be interpreted as forming any kind of warranty or representation made by Quiksilver Europe.