TRACZER WEB SITE LEGAL NOTICES
PLEASE READ THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE
This website is operated by AKTIMEX S.A.R.L., a French limited liability company.
Registered Office: 8, rue des jardins – 26730 Hostun, FRANCE.
Electronic contact: Contact Us
AKTIMEX S.A.R.L. is represented by its managing director Paul Rozanski.
Commercial register and registration number: 382 638 302.
VAT no.: FR-40382638302
This web site Copyright © 2010 AKTIMEX S.A.R.L. – TRACZER Division (“TRACZER”). ALL RIGHTS RESERVED. Individual documents may contain different copyright notices and/or additional proprietary notices.
All registered product names and technology trademarks indicated on this site are registered trademarks of TRACZER Apparel Corp. or are the sole property of its affiliated entities. Except as expressly granted in this section (or to you specifically in writing), neither TRACZER Apparel Corp., nor its affiliate TRACZER, or any its suppliers grant any express or implied right to anyone for any patents, copyrights, trademarks or trade secret information. ALL RIGHTS RESERVED.
Certain areas on this web site, with access restrictions, may contain TRACZER confidential information. Access by unauthorized persons, and unauthorized use or disclosure of TRACZER confidential information, may be a violation of TRACZER’s rights and are strictly prohibited. By accessing TRACZER confidential information, you agree to keep this information confidential, or, if you have a contractual right to use TRACZER confidential information for your customers, your customers’ networks. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a “need to know” who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted. You will not alter, decompile, disassemble, reverse engineer, or modify any of this confidential information that you receive. Any questions, comments, suggestions, or other information submitted to TRACZER in response to this web site shall be deemed non-confidential and TRACZER shall be free to use, reproduce, disclose and distribute such information and any ideas contained therein in any manner without limitation. TRACZER discourages you from sending us any information that you consider to be confidential or proprietary through this web site. Please note that if you do send us any such information or material, TRACZER will assume it is NOT confidential.
The information on this web site, along with any materials incorporated herein (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of TRACZER and/or its suppliers and is protected under US and worldwide copyright author rights and neighbouring rights laws and treaty provisions. TRACZER grants you permission to copy such materials so long as each copy (i) is solely for your own informational, non-commercial use and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original AND (iii) displays a statement that the materials are used solely with permission of TRACZER. No other use of the information is authorized, unless otherwise stated by the Swiss law.
Any software downloaded or product obtained from this web site is governed exclusively by the license terms accompanying the file or product or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software or obtaining such product, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or such product not in accordance with the license is expressly prohibited by law. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of TRACZER Apparel Corp., its affiliate TRACZER or any third party.
We work hard to make this web site interesting and user-friendly, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using our web site.
YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THETRACZER.COM, TRACZER.COM, TRACZER OR ANY OF ITS AFFILIATES.
THIS SERVICE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THETRACZER.COM, TRACZER.COM, TRACZER APPAREL CORP., ITS AFFILIATE TRACZER, ANY OF THE CONTRIBUTORS TO THIS WEB SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ABSENCE OF DEFECTS, WHETHER APPARENT OR LATENT/HIDDEN OF THIS SITE, THE INFORMATION OR THE SERVICE AVAILABLE THROUGH IT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY GUARANTEE THAT THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITH RESPECT TO DOCUMENTS AVAILABLE FROM THIS SERVER, NEITHER THETRACZER.COM, TRACZER.COM, TRACZER APPAREL CORP., ITS AFFILIATE TRACZER, NOR ANY OF THE CONTRIBUTORS TO THIS WEB SITE OR THEIR AFFILIATES, AGENTS AND LICENSORS, MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, PROCESS DISCLOSED, OF FOR LATENT/HIDDEN DEFECTS OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. WE DO OUR BEST’ TO PROVIDE USEFUL INFORMATION, HOWEVER, WE MAKE ABSOLUTELY NO GUARANTEES AS TO THE CURRENCY, ACCURACY, OR QUALITY OF INFORMATION WE PUBLISH. UNDER NO CIRCUMSTANCES SHALL TRACZER, ITS AFFILIATE TRACZER, ANY OF THE CONTRIBUTORS TO THIS WEB SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INFORMATION CONTAINED ON OR THE PRODUCTS SOLD THROUGH TRACZER.COM, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, BUSINESS, SAVINGS, DATA AND THIRD PARTIES’ CLAIMS EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES (UNLESS ALL THE FOREGOING WAS CAUSED BY GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF THETRACZER.COM, TRACZER APPAREL CORP. AND/OR ITS AFFILIATE). YOU FURTHER AGREE THAT THE LIABILITY OF THETRACZER.COM, TRACZER.COM, TRACZER APPAREL CORP., ITS AFFILIATE TRACZER, ANY OF THE CONTRIBUTORS TO THIS WEB SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE. TRACZER.COM MAY, BUT IS NOT OBLIGATED TO, MONITOR OR REVIEW STATEMENTS MADE BY THIRD PARTIES ON THIS WEB SITE. USERS OR OTHER THIRD PARTIES MAY POST STATEMENTS OR INFORMATION ON SOME PORTIONS OF THIS WEB SITE FROM TIME TO TIME. NEITHER TRACZER.COM NOR TRACZER APPAREL CORP., OR ITS AFFILIATE TRACZER MAKES ANY REPRESENTATION AS TO THE ACCURACY, APPROPRIATENESS, LEGALITY, OWNERSHIP OR OTHER ASPECTS OF SUCH STATEMENTS OR INFORMATION. TRACZER.COM AND TRACZER EXPRESSLY DISCLAIM ANY LIABILITY FOR SUCH THIRD PARTY STATEMENTS UNDER CRIMINAL OR CIVIL LAWS RELATING TO DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY, OBSCENITY, OR OTHER AREAS OF LAW. ALSO, AT TIMES THIS WEB SITE MAY CONTAIN LINKS TO WEB SITES MAINTAINED BY OTHER COMPANIES, INDIVIDUALS OR AGENCIES WHICH ARE PROVIDED AS A CONVENIENCE TO THETRACZER.COM OR TRACZER.COM USERS. THESE LINKED WEB SITES ARE NOT UNDER THE CONTROL OF EITHER TRACZER.COM OR TRACZER. AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH LINKS DOES NOT IMPLY AN ENDORSEMENT, AND NEITHER TRACZER.COM NOR TRACZER ARE RESPONSIBLE FOR THE ACCURACY OF INFORMATION ON SUCH WEB SITES . NEITHER TRACZER.COM NOR TRACZER INC. MONITORS OR REVIEWS THE CONTENT OF SUCH THIRD PARTY WEB SITES AND THEREFORE ADVISES YOU THAT YOUR ACCESS BY LINK TO THIRD PARTY WEB SITES IS AT YOUR OWN RISK.
Your use of this site shall be governed in all respects by the laws of France. As such, the laws of France, without regard to its conflicts of laws rules, will govern these disclaimers, limitations of liability, and terms and conditions.
The data Controller and the data Processor
What kind of data are processed; what are the purposes of the data processing
In general, the visit and consultation of the Website does not imply collection and processing of user’s personal data. The processing of user’s personal data who visits and consults the Website is limited to the so-named surfing data, namely the data whose transmission to the Website is implicit in the functioning of the information systems in charge of the managing of the Website and in the use of communications protocols peculiar to the Internet. Surfing data are, for example, the IP addresses or the domain names of the computers employed by the user who connects to the Website and other parameters relating to the type and the information operating system employed by the user. Surfing data, such as these above specified and for example the number of visits, the time spent on the Website are collected and processed by TRACZER exclusively for statistical purposes and in anonymous form in relation to the access and use of the Website for purposes of monitoring the correct functioning of the Website and enhancing the Website functioning and content. Due to the nature itself of surfing data, these data may lead to identification of users if they are associated with data held by third parties; however, TRACZER does not collect surfing data in order to associate them with identified users. Surfing data are deleted after the processing in anonymous form; said data may be used for purposes of assessing possible responsibilities in case of information crimes realized against the Website or through the Website. With the exception of the aforementioned circumstance, TRACZER keeps the user’s surfing data only for the maximum period of time allowed under applicable laws and then makes said data anonymous. Furthermore, TRACZER collects and processes personal data voluntarily provided by user when user interacts with the Website functionalities and requests the services offered by the Website, for example upon user subscription to the Website; user subscription to newsletter or mailing list; user purchase of products through the Website, which includes all activities relating to the purchase of goods, such as for example delivery of goods, billing issues, returning and exchanging of goods, receiving refunds, purchase and use of gift cards and e-gift cards, as applicable, payment related activities, including fraud prevention, and customer support and interaction with our call centre; user participation to promotions and other initiatives realized through the Website such as for example contests and sweepstakes, user request of information to TRACZER or user sending to TRACZER a question, communication or feedback through traditional mail or through the Website. We will process user’s personal data also to comply with laws, regulations and Community legislation, and to assess and defend a legal right. We may process user’s personal data also when user contacts our customer support and call centre, which may communicate with user and thus process user’s personal data through e-mail, chat and telephone. User may finalize the purchase of our products also through telephone calling our calling centre, following the procedure specified in our Terms and Conditions of Sale . For the processing of your personal data when you make a purchase on our Website, please see our relevant privacy Statement. The call centre will assist user in closing transactions over the phone and processing user’s order on user’s behalf and for said purpose it will collect user’s personal data and credit card details. The call centre will also register user’s phone number for purpose of call-back and back-office services in order to provide user with the requested support and information. Marketing, statistical and profiling activities as above specified may also be performed by the call centre, with user’s consent. In some cases, for purposes of internal training, quality control and verification, the call may be recorded and the e-mails may be saved to the extent not prohibited by applicable laws. User will always be informed in advance of the recording of the communication, and user will have the opportunity to object to such recording, save when this is necessary for verification purposes in relation to your purchase or other reasons, as allowed under applicable laws. With the user’s consent, that is optional, TRACZER may further process user’s personal data for survey purposes; for marketing purposes, that is for sending to user, also through e-mail or other electronic communications means such as SMS, MMS, fax, etc., promotional information and material on products and services of the TRACZER group, on special initiatives on prices and promotions of the TRACZER group and on initiatives such as events, exhibitions and fairs organized by the TRACZER group or to which the TRACZER group takes part; and for profiling purposes. For the marketing and profiling activities above defined user’s personal data may also be shared with other TRACZER companies. User will always have the opportunity to object, at any time and for free, to the processing of his/her personal data for the sending of promotional information and material; in each communication there will be a specific section in which are specified the conditions (easy to perform and free of charge) of revoking the consent.
Personal data that TRACZER collects and processes include name, and contact details such as street address, telephone number, e-mail address and further possible information of an optional nature provided by user. In the relevant sections of the Website where data are collected it is published a specific information statement. When requested under the Privacy Law, TRACZER requires the user’s consent before proceeding to processing his/her personal data.
Place where the data are stored
Personal data collected through the Website will be processed by TRACZER; the company Gandi provides for TRACZER hosting services for the web site and related database. The updated list of Processors and addresses of data communications is at your disposal at TRACZER. Personal data are processed only through specifically authorized staff designated to access and process the data, including staff designated for performance of non-routine maintenance operations of the Website. Furthermore, other companies of the TRACZER group are involved in the processing of personal data in relation to the functioning of the Website and performance of the services and functionalities offered through the Website, for example in relation to purchase of products, customer support and call centre activities, and also for marketing and profiling activities as above specified. All processors are acting on behalf and under the instructions of TRACZER.
Conditions and features of the personal data processing
Personal data collected by TRACZER are mainly processed through electronic and automated means but also without the same (paper processing), under procedures and logics that comply with the data processing purposes as herein specified. Personal data of user are processed according to applicable privacy laws, including security and confidentiality issues, and are kept only for the time strictly functional to achieve the specific data processing purpose from time to time pursued and according to applicable laws.
Security and quality of personal data
TRACZER is committed to protect security of the user’s personal data. Personal data are processed by TRACZER in compliance with the security provisions as set forth by applicable laws in order to prevent loss and destruction, even accidental, of data, unauthorized access to data, unlawful or unfair use of data. Moreover, information systems and software programs are configured so that personal and identification data are used only when necessary to achieve the specific processing purpose from time to time sought.
TRACZER deploys a variety of advanced security technologies and procedures to help protection of user’s personal data against the risks above outlined. For example, personal data provided by user are stored on secured servers placed in controlled locations. Moreover, for the transmission of some data through the Internet are deployed encryption techniques such as the Secure Socket Layer (SSL) protocol. User may help TRACZER to update and maintain accuracy of the personal data provided by user to TRACZER by notifying TRACZER of any amendment relating to user’s address, title, telephone number or electronic mail (e-mail) address. Registered user may perform the foregoing on-line following the instructions reported on relevant user’s profile pages of the Website.
Extent of personal data communication
Providing of personal data
Except for the foregoing description in relation to the surfing data, providing of personal data by user is necessary for performance of the services and functionalities offered by the Website and required by user, such as the user subscription to the Website, to newsletters or mailing lists, the managing of the user purchase of products through the Website and related activities, the managing of user participation to promotions and other initiatives realized through the Website such as for example contests and sweepstakes, replying to and managing of user’s request of information, questions, communication or feedback to TRACZER, the managing for personnel selection purposes of the curriculum vitae (CV) and other information sent by the user. Providing of user’s personal data for the activities necessary to comply with applicable legislation is mandatory. In the above referenced circumstances, denial of providing personal data by user would make it impossible for TRACZER to comply with contractual obligations or to provide user with the requested services, products or information as above specified. Providing of data by user for the survey purposes, the marketing purposes, and the profiling purposes as above specified is optional; denial of providing personal data by user in said circumstances will have no consequences on compliance by TRACZER with its contractual obligations and on the providing user with the services, products or information requested as above specified.
User’s privacy rights