FITTINGBOX

Terms of Use

(February 2021)

This website ("Website") is ruled by the following terms of use (« Terms of Use »). These Terms of Use are completed by a data privacy policy as in integral part.

By using this website you ("you")  expressly and unreservedly and irrevocably agree to the terms and conditions contain herein and their full enforcement.

If you have any enquiry or observation about these Terms of Use, please contact us at contact@fittingbox.com or via the contact page of this website.

Intellectual property

FITTINGBOX holds and retains all Intellectual Property rights directly or indirectly related to this Website and its content, be they copyrighted or not, with exception to the trademarks and/or logos owned by FITTINGBOX’s partner.

In particular, the content of this Website including, but not limited to, the text, images, designs, graphics, presentations, guidelines, leaflets, affidavits, photographies and videos contained herein, whatever they are downloadable or not, and including their arrangement and/or architecture, are the exclusive property of FITTINGBOX. All trademarks used or referred to in this Website are the copyright property of their respective owners. “FITTINGBOX”, the FITTINGBOX logo, and the products and services described in this Website are either trademarks, trade names or service marks of FITTINGBOX and its licensors, or are the property of their respective owners.

The content of this Website, including these Terms of Use, may not be copied, imitated or used, in any manner whatsoever, in whole or in part, without the express prior written permission of FITTINGBOX. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of FITTINGBOX, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FITTINGBOX.

Under no circumstances the rights above mentioned might be transferred to you and/or any third party.

You only benefit from a temporary, non-exclusive and non-assignable right to access and browse this Website.

Any breach of this formal ban will be considered as a counterfeit act, and FITTINGBOX shall be entitled to seek for any direct remedies resulting of any direct and indirect losses, damages, costs and expenses which may be incurred by FITTINGBOX by reason of such infringement.

Content License

FITTINGBOX may provide some content downloadable from this Website (the « Content »).

By downloading the Content, you benefit a personal, non-exclusive, non-assignable and non-sublicensable right to use the Content (the « Content License »). By downloading any Content, you irrevocably and unreservedly accept the terms and conditions of this Content License.

Unless otherwise expressed, and unless earlier termination as set forth hereunder, the Content License is granted for the duration of the copyright in France.

The Content License shall be terminated if you stop using the Content and/or by erasing, deleting or destroying all the copies of the Content. FITTINGBOX may terminate or revoke the Content License at any time and at its sole discretion, in particular if you do not respect the terms and conditions of this Content License; if such case, you shall immediately a) stop using the Content, b) delete, erase or destroy all the copies of the Content and c) certify you have complied with a) and b) upon simple request from FITTINGBOX.

The Content is provided "as is"; FITTINGBOX may delete or modify the Content available on this Website at any time and at its sole discretion, without incurring any liability.

FITTINGBOX does not give any guaranty or warranty of any kind related to the Content, whether express or implied, and in particular that the Content will meet your expectation or requirement, or will run or display without interruption or error, or will fit for a specific purpose. Similarly, FITTINGBOX does not give any guaranty or warranty of any kind related to the accuracy or the completeness of the Content or the related bigdata. FITTINGBOX will refuse any guaranty or warranty, whatever it is, expressed by you or any third parties.

You are solely liable for the use you make of the Content. As the case may be, it is under your sole responsibility to determine or check if third-party authorizations or licenses are required prior to any use or exploitation of the Content and/or the elements represented by the Content; obtaining such authorizations or licenses is under your sole responsibility.

To the maximum extent permitted by law, in no event shall FITTINGBOX be liable for any direct or indirect damages related to your download and/or your use of the Content, including without limitations damages for loss of business profits, business interruption, loss of business information, loss of data, or any other pecuniary loss, etc., and even if FITTINGBOX had been informed of the possibility of such loss or damage regardless of the cause of action.

The Content, including its components or elements, is the exclusive property of FITTINGBOX. All the rights that are not expressively granted by the Content License are reserved by FITTINGBOX, and/or FITTINGBOX’s partners as the case may be.

Regardless of the nature and/or type of the Content, and unless prior and express authorization from FITTINGBOX, you shall not:

• claim or challenge any intellectual property right on the Content;
• extract or try to extract all or material parts of the Content;
• use or re-use the Content, directly or indirectly, in any manner whatsoever, for distribution and/or commercial and/or promotional purposes;
• create, directly or indirectly, in any manner whatsoever, any derivative works from the Content;
• use or re-use the Content, directly or indirectly, in any manner whatsoever, in order to create or enrich a competitive database;
• use or re-use the Content, directly or indirectly, in any manner whatsoever, for distribution and the Content in order to parasite or compete, directly or indirectly, in any manner whatsoever, with any solutions or services provided or commercialized by FITTINGBOX and/or its affiliates, and a fortiori for distribution and/or commercial purposes;
• reverse or attempt to decompile or reverse engineer the Content, irrespective of the cause, either directly or indirectly;
• delete, remove, hide or alter the intellectual property notices attached to the Content ;
• display the Content on social networks;
• use or re-use the Content, directly or indirectly, in any manner whatsoever, in a way or for any purpose whatsoever that is – or could be – considered to be defamatory, illegal, criminal, pornographic, racist or contrary to the public policy.

Any unauthorized or non-compliant use of the Content shall constitute a counterfeiting act.

If you have any enquiry or request, please contact us at contact@fittingbox.com. FITTINGBOX reserves the right to refuse any further use you may request, and/or revoke or suspend the extended rights previously granted, at its sole discretion.

This Content License shall be governed and construed according to French Laws to the exclusion of all other legislation. Unless otherwise provided by statute, any dispute which may arise between the Parties in relation to the download and/or the use of the Content shall be the exclusive competence of the competent courts of Toulouse, France, including in the event of summary proceedings, motion or plurality of defending parties.

Hyperlinks

Links on this Website may lead to services or sites not operated by FITTINGBOX. Any use you make of the information provided on this Website, or any site or service linked to by this Website, is at your own risk. FITTINGBOX makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this website, or websites linking to this Wwebsite.

You are not allowed to link towards this Website, a fortiori for publicity or commercial or marketing purposes, without the express prior written permission of FITTINGBOX, that can be withheld or revoked by FITTINGBOX at its sole discretion and without having to justify its decision. FITTINGBOX may authorize the implementation of a link towards this Website, provided however that (i) the pages of this Website are not intricated or embedded into a third-party website (i.e. no deep linking), and (ii) FITTINGBOX is clearly identified as the source of the redirected information.

If you have any enquiry or request, please contact us at contact@fittingbox.com.

Limited liability

The information contained on this Website are provided "as i"s. it is for information only, is non-contractual and cannot be taken as advice.

Moreover, this Website may include some information provided by third parties and/or hyperlinks towards other websites that are not managed by FITTINGBOX. The existence of such information and/or hyperlinks does not imply validation or approval of any kind whatsoever from FITTINGBOX, and FITTINGBOX can offer no guarantee or any representation of any sort on any other website that may be accessed via this Website.

FITTINGBOX cannot in any way guarantee that the information contained within this Website are accurate or complete and decline all responsibility for any inaccuracy, misstatement, omission or typo.

FITTINGBOX reserves the right to suspend the access to this Website, in particular for amendment or maintenance purposes, at any time and without prior information or notification. FITTINGBOX will make its best effort to restore the access of this Website within a fairly decent timeframe.

No responsibility is taken for the uninterrupted functionality of this Website, any viruses on the server or any damages resulting from fraudulent intrusion by a third party leading or not to a modification of the data and information posted on this Website.

UNDER NO CIRCUMSTANCES CAN FITTINGBOX BE HELD RESPONSIBLE BY YOU OR ANY A THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR ANY KIND, WHETHER RESULTING FROM THE USE OF THE WEBSITE OR ANY OTHER WEBSITE ACCESSIBLE BY HYPERTEXT LINKS FROM THIS WEBSITE INCLUDING, ALTHOUGH NOT LIMITED TO, ANY FINANCIAL OR COMMERCIAL HARM AND ANY LOSS OF PROGRAMMES OR DATA IN YOUR INFORMATION MANAGEMENT SYSTEM OR OTHER, EVEN IF FITTINGBOX HAS BEEN EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH HARM. Similarly, FITTINGBOX can under no circumstances be held responsible for any fraudulent use or use that is contrary to these terms and that may affect the rights of a third party.

Amendments

These Terms of Use Policy may be modified and updated at any time by FITTINGBOX, at its sole discretion. Such modifications and updates are binding upon the user, who must as a result refer regularly to this section to check the currently-applicable. The last version of these Terms of Use may be found by clicking on the “Terms of use” button located in the bottom of this Website.

If you are not comfortable – or not comfortable anymore – with these Terms of Use and/or any of its further amendments, please do not use this Website.

© FITTINGBOX - 2021

Data Privacy Policy

(February 2021)

This website (the "Website") is registered in accordance with the French Data Privacy laws and regulations under number 1336971.

FITTINGBOX is committed to ensuring that your privacy is protected, in compliance with the applicable data protection laws and regulations and in particular with the European Regulation 2016/676 of 27 April 2016 (GDPR) and the EU-U.S. and Swiss-U.S. Privacy Shield.

This data privacy policy (the « Policy ») sets out how FITTINGBOX uses and protects any personal data that you grant to FITTINGBOX when using this Website and/or our virtual try-on or measurements solutions. This Policy does not apply to third-party websites and/or services, whether such websites and/or services could be accessed directly or indirectly from this Website.

If you have any enquiry or observation about this Policy, please contact us at contact@fittingbox.com or via the contact page of this Website. We will answer you as soon as possible.

Glossary

• Big Data or Metadata means a large volume of data, in all type of format, either structured or unstructured, used, captured, formatted, manipulated, stored, and/or analyzed throughout FittingBox’ solutions.  Big Data are aggregated and anonymous data.
• Cookies means small files of information which save and retrieve information about a visit to a website.
• Data controller means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
• Data processor means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the data controller.
• Personal data means any information relating to an identified or identifiable natural person ('individual'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
• Processing of personal data or processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

What are the data FITTINGOX may collect or process?

FITTINGBOX may collect the following information :

• Contact details: names, phone and/or fax numbers, mail and/or email addresses, etc.

When using a contact or application form, please note that fields marked with an asterisk are mandatory.

• User’s information: job title, resume, Social Network account (when a user shares content on a social network), other information relevant to customer surveys and/or marketing or promotional offers, etc.
• User’s image, when you use our virtual try-on or measurement solutions via your webcam or by uploading a picture of a face. By using our virtual try-on or measurement solutions, you hereby certify that you have the full legal capacity and all the necessary authorizations to take, upload, share and/or disseminate the images representing you and/or someone else who has expressly authorized you to do so. 

• Demographic information, Big Data & Cookies :

FITTINGBOX may collect Big Data and Cookies, for purposes of geo-localization and/or statistics and/or analysis.

FITTINGBOX may automatically collect information concerning the users of this Website through the use of cookies. The cookies we use identify you merely as a number and help us to provide a better website and a better browsing experience. A cookie does not give us access to your computer or any of your personal data.

There are three types of cookies:

• Session cookies are created by managing your user or client’s account. They’re used to remember your passwords and login information so you don’t have to re-enter them every time.
• Analytical / Statistical cookies are created by the site you visit.
• Third-party cookies are created by other sites. These sites own some of the content, like ads or images, that you see on the web page you visit.

If you are uncomfortable regarding cookies use, you can decline or disable or delete cookies on your computer by changing the settings in preferences or options menu in your browser. Please note that any declination or disabling or deletion of cookies may result in degraded operation of this website and/or our online products or services; in no event will FITTINGBOX be liable for such degraded browsing or malfunction and their consequences.

• Manage cookies and website data using Chrome
• Manage cookies and website data using Firefox
• Manage cookies and website data using Edge
• Manage cookies and website data using Safari

Processing purposes

FITTINGBOX may use the collected data notably for the following purposes : (i) delivery and/or parameterizing of our products and services ; (ii) manage the contact requests and/or application ; (iii) complete and process your order ; (iv) improve our website(s), our products and services and our customer success experience ; (v) analyze how this Website and/our products and services are used ; (vi) geo-localization and/or statistics and/or analysis reports ; (vii) claims and/or termination processing ; (viii) invoicing and payment processing ; (ix) payment collection and dispute processing ; (x) training sessions ; (xi) market research purposes ; (xii) direct marketing operation and/or promotional offers and/or commercial animation ; (xiii) individual rights request management ; (xiv) anti-fraud and anti-corruption management ; (xv) competent authorities requests management.

FITTTINGBOX does not use or process the collected data in a way incompatible with the above-mentioned purposes.

The provided and/or collected data via this Website are intended to be used only by FITTINGBOX and FITTINGBOX’s partners or subcontractors. The provided and/or collected data via our products and services are intended to be used only by FITTINGBOX, FITTINGBOX’s partners or subcontractors and, as data controller, the licensee of the related products and services.

We will not sell, distribute or lease your personal data to third party, unless we have your permission or are required by law to do so.

Length of data retention

The collected data are retained only for the processing purposes above mentioned and no longer than the maximum duration required by the applicable laws and regulations.

Data security

Data that may be collected / processed by FITTINGBOX are stored on data centers located in Europe, with full application of protective European laws and regulations on data processing. FITTINGBOX does not transfer any personal data outside the European Union.

FITTINGBOX implements appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. FITTINGBOX has also implemented a quality improvement process, based on the Information Technology Infrastructure Library (ITIL) best practices, ISO standard IEC 27035 in order to prevent, identify and/or fix the security risks.

Please note however that no data transmission over the Internet can be guaranteed 100% secured. Therefore, we cannot guarantee the security of any information you give us or collected from your browsing or from our online products or services; you use these services at your own risk.

Individual rights

In accordance with the applicable Data Privacy laws and regulations, and in particular with the GDPR, FITTINGBOX shall give access without excessive delay or expense to the data held on an individual:

• Confirmation as to whether or not data relating to him are being processed and information at least as to the purposes of the processing, the categories of data concerned, and the recipients or categories of recipients to whom the data are disclosed,
• Communication to him in an intelligible form of the data undergoing processing and of any available information as to their source,
• Knowledge of the logic involved in any automatic processing of data concerning him/her.

In accordance with the applicable Data Privacy laws and regulations, and in particular with the GDPR, FITTINGBOX shall grant the individuals the right:

• To object at any time on compelling legitimate grounds relating to his/her particular situation to the processing of data relating to him/her, save where otherwise provides by national legislation.
• To object, on request and free of charge, to the processing of personal data relating to him which the controller anticipates being processed for the purposes of direct marketing (no legitimate grounds needed)
• To obtain, if applicable, on request and free of charge, data portability.

Requests can be made at the FITTINGBOX’s main address (209 rue Innovation 31670 Labège – France) or at contact@fittingbox.com.

Amendments

This Policy may be modified at any by FITTINGBOX, at its sole discretion. Such modifications and updates are binding upon the user, who must as a result refer regularly to this section to check the currently-applicable. The last version of this Policy may be found by clicking on the “Privacy Policy” button located at the bottom of this Website.

If you are not comfortable – or not comfortable anymore – with this Policy and/or any of its further amendments, please do not use this Website.

Copyright

This Policy including, but not limited to, the text contained herein and its arrangement are the exclusive property of FITTINGBOX.

THIS POLICY MAY NOT BE COPIED, IMITATED OR USED, IN WHOLE OR IN PART, WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF FITTINGBOX.

© FITTINGBOX - 2021