END USER LICENSE AGREEMENT

END USER LICENSE AGREEMENT

AQUAMAN-TRIATHLON

Put online on 2024, September 13th,

Preamble

The AQUAMAN-TRIATHLON.COM website is published and administered by AQUAMAN SA, whose registered office is located at 34, Avenue Boisbaudran, 13015 Marseille.

Use of the AQUAMAN-TRIATHLON.COM site and purchases of products offered on AQUAMAN-TRIATHLON.COM are subject to the present General Conditions of Use.

By using the AQUAMAN-TRIATHLON.COM site, you acknowledge that you have read, understood and accepted these General Conditions of Use without reservation. Similarly, by using the AQUAMAN-TRIATHLON.COM site, you acknowledge the site's Confidentiality Policy.

These General Conditions of Use and the Confidentiality Policy may be updated at any time. The General Conditions of Use and the Confidentiality Policy in force at the time of use of the AQUAMAN-TRIATHLON.COM site are those which are enforceable against you.

We advise you to keep yourself regularly informed of the conditions in force. You can check the current version of the General Conditions of Use or the Confidentiality Policy at any time by going to the ‘General Conditions of Use’ section of the AQUAMAN-TRIATHLON.COM website.

The Privacy Policy of the Hermes.com site (see ‘Privacy Policy’) governs the use of personal information communicated to AQUAMAN on this site. AQUAMAN may modify its Privacy Policy at any time, as provided herein.

The AQUAMAN-TRIATHLON.COM site is not intended for minors.

1. Intellectual property rights

All the elements (drawings, models, illustrations, images, soundtracks, texts, logos, brands, etc.) making up the AQUAMAN-TRIATHLON.COM site are the exclusive property of AQUAMAN. With the exception of the exceptions expressly provided for in the General Conditions of Use, you are prohibited from reproducing in whole or in part, by any process whatsoever, distributing, publishing, transmitting, modifying or selling all or part of the content of the AQUAMAN-TRIATHLON.COM site, or from creating works derived therefrom.

The ‘AQUAMAN’ trademark, all other trademarks and logos related to AQUAMAN, whether registered or not, displayed on the AQUAMAN-TRIATHLON.COM site, as well as the ‘BEUCHAT-DIVING’ domain name are and shall remain the exclusive property of AQUAMAN. Any reproduction, distribution, transmission, modification or use of these trademarks without the express prior consent of AQUAMAN, for any reason whatsoever, is prohibited.

You may not remove any copyright, trademark or other proprietary rights notices from the AQUAMAN-TRIATHLON.COM site or any content contained therein. You may make one copy of Internet pages published on the Site for your private, personal, non-commercial use, provided that any copy of such Internet pages retains all copyright and other proprietary notices contained therein.

2. Personal data

The Privacy Policy of the AQUAMAN-TRIATHLON.COM site governs the use of personal information communicated to AQUAMAN on this site. The Privacy Policy may be modified at any time.

Personal data is information relating to an identified or identifiable natural person. It includes, for example, a person's name, address and gender.

We may collect personal data directly from you or indirectly (for example, from your electronic devices that interact with our websites, electronic forms or mobile applications).

2.1. Data that you provide to us directly

You may provide us with data

- when you create an online account ;

- when you subscribe to our newsletter;

- when you use our Digital Platforms;

- when you purchase products or services on our Digital Platforms;

Depending on what you provide to us, this information may include:

- your identity (including your first name, surname, gender, image, nationality) ;

- your contact details (including your postal address, e-mail address, telephone numbers);

- your personal status (including your title of civility);

- your purchases and repairs (including purchase history, order details);

- your preferences (including your size);

- certain payment details (including billing details, type or method of payment, credit or debit card number);

- other information that you may provide by filling in forms.

We will inform you when your information is necessary to process your request, to respond to your requests or to provide you with our products and services. If you do not provide this information, it may delay or make impossible the processing of your request, the answering of your questions and the supply of products or services.

We endeavour to ensure that the personal data we hold is accurate at all times. We therefore encourage you to update your data should any changes occur. We may also ask you to update your data from time to time.

We recommend that you only provide the data requested or necessary for your request, with the exception of sensitive data.

2.2. Data collected indirectly

We may collect data when you use our Digital Platforms, including your IP address or other navigational data (including browser, operating system, device model), through cookies or similar technologies placed on your device. Some cookies are necessary for the proper functioning of our Digital Platforms and others are used for analysis purposes that help us provide you with more personalised services and a better digital experience. For more information on cookies and how to change your preferences, please see section 3 of these TOU.

If you provide us with personal data about someone else, you must ensure that you have the right to disclose that data to us and that, without us taking any further steps as required by data protection law, we can collect, use and disclose that data for the purposes described The individual must also give the consents set out in these terms in relation to how we process their personal data.

2.3 Right of access, rectification, deletion, portability

In accordance with applicable data protection law, you may at any time request access, rectification, erasure and portability of your personal data, or restrict or object to its processing. A summary of these rights is set out below:

Your right of access: the right to receive a copy of your personal data.

Your right to rectification: the right to ask us to rectify any errors in your data or to add to it.

Your right to be forgotten: the right to ask us to delete your personal data in certain situations.

Your right to restrict processing: the right to ask us to restrict the processing of your personal data in certain circumstances, for example if you dispute the accuracy of the data.

Your right to data portability: the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format and/or to transmit this data to a third party, in certain situations.

Your right to restriction of processing: the right to ask us to restrict the processing of your personal data, in certain circumstances, for example if you dispute the accuracy of the data.

Your right to object to processing: the right to object :

- at any time during the processing of your personal data for direct marketing purposes

- in certain other situations, to our further processing of your personal data, for example processing carried out on the basis of our legitimate interests.

Where the processing of your personal data is based on your consent, you may at any time decide to withdraw your consent. If your consent is withdrawn, this will not affect the processing of your personal data based on other legal grounds, such as the fulfilment of your orders and the retention of your order data in accordance with applicable law.

If you no longer wish to receive our advertising or promotional information, we remind you that you can revoke your consent to direct marketing at any time directly from the unsubscribe link. If you do so, we will promptly update our databases and take all reasonable steps to respond to your request as quickly as possible, but we may continue to contact you to the extent necessary in connection with any product or service you have requested.

To exercise any of these rights, please contact us using the email contact@AQUAMAN-SWIMMING.COM

Please note that if you exercise any of the above rights, you will be asked to let us know which right you wish to exercise and to provide us with certain information for identification purposes in order to process your request and protect you against fraudulent requests from third parties.

3. Cookies

A cookie is a text file saved on your computer, tablet or mobile phone that enables us to record and track data about your use of the website. AQUAMAN-TRIATHLON.COM uses cookies to identify you or to store your selection of products in your basket, for example. Cookies are managed by your internet browser.

By continuing to use the AQUAMAN-TRIATHLON.COM site, you accept our cookie settings and acknowledge that you understand the terms of our cookie policy.

You can change your preferences at any time by going to the ‘Manage your cookie preferences’ section.

3.1 Two types of cookies are used on our site :

. Cookies strictly necessary for the operation of the site

These cookies enable you to use the main functions of the Hermes.com website, such as storing your selection of products in your shopping basket. These cookies make browsing easier and are necessary to make online purchases.

. Third-party cookies

In particular, these are statistical analysis cookies that collect information about browsing on our site, enabling us to improve your user experience and adapt services to your preferences. There are also advertising cookies, which aim to personalise and/or improve content and navigation by offering you services that may be of interest to you on other websites.

You can change your preferences at any time by going to the ‘Manage your cookie preferences’ section.

3.2 Managing your cookie preferences

You can easily deactivate and/or delete cookies from your computer, tablet or mobile phone by managing your browser settings.

We recommend that you do not deactivate cookies that are strictly necessary for the site to function, as this would prevent you from ordering online and benefiting from the site's services.

In order to manage cookies as closely as possible to your expectations, we invite you to configure your browser taking into account the purpose of the cookies.

Below are the instructions for managing and deactivating cookies, depending on your browser:

Internet Explorer

Click on the Tools button, then on Internet Options.

Click on Confidentiality, then click on Advanced.

In the Cookies window, select your preferences.

Google Chrome

Click on the Menu button, then Settings.

Click on the Show advanced settings link.

In the Privacy section, click on the Content Settings button.

Then in the Cookies section, select your preferences.

Mozilla Firefox

Click on the Menu button, then select Options / Preferences.

Select Privacy.

In the History area, for the Retention rules option, select Use personalised settings for history.

Tick or untick the Accept cookies box, then select your preferences.

Safari

Click on the Safari menu, then on Preferences.

Click on the Security tab.

In the Block Cookies section, select your preferences.

Please note that these procedures are given for information only, as they may be modified by browsers at any time. We advise you to follow the instructions and processes of the various browsers.

4. Canvassing

The Consumer Affairs Act of 17 March 2014 allows anyone to refuse to be canvassed by a professional with whom they have no current contractual relationship.Procedure on the BLOCTEL website: https://www.bloctel.gouv.fr/

5. Links on the site

The AQUAMAN-TRIATHLON.COM website may contain links to third-party websites not published or controlled by AQUAMAN. Such links are provided solely as a convenience to you and cannot and should not be construed as an express or implied endorsement of these sites, their content or any products or services offered on them.

A link to the AQUAMAN-TRIATHLON.COM site is only possible with the prior written consent of AQUAMAN.

6. Liability and absence of guarantees relating to the use of the site.

6.1 Liability

In no event will AQUAMAN be liable to you or any third party for any indirect, incidental, special or consequential damages, including, without limitation, any lost profits or other indirect losses, arising out of your use of or inability to use the AQUAMAN-TRIATHLON.COM website.

6.2 No warranty

AQUAMAN cannot guarantee or affirm :

- that the AQUAMAN-TRIATHLON.COM website is free of viruses, data overwriting programs or other destructive material,

- that the information contained in the site is accurate, complete or up to date.

The AQUAMAN-TRIATHLON.COM site may contain technical inaccuracies or other defects; the content is presented as is and subject to technical availability. AQUAMAN expressly excludes any form of guarantee, and in particular, any implicit guarantee relating to the usual conditions of use of the site or the suitability of the site for normal use or a specific use, or its quality. This limitation of liability applies within the framework of the law.

7. Applicable law and jurisdiction

These General Terms and Conditions of Use are governed by and interpreted in accordance with French law, in compliance with EC regulation 593/2008 of 17 June 2008. These General Terms and Conditions of Use are written in French.

In the event of a dispute relating to the use of the Site, you may have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure.

In the event of a dispute, in accordance with the provisions of regulation no. 44/2001 of 22 December 2000 :

- you may refer the matter either to the court in the place where you are domiciled or to the French courts,

- AQUAMAN may bring the matter before the court in the place where you are domiciled.

AQUAMAN reserves the right to seek and obtain injunctions or orders for the defence of its rights hereunder.

8. Legal information

8.1 Publisher

AQUAMAN

LLC

Share capital: €7622.45

Registered office: 34 Avenue Boisbaudran, 13015 Marseille, France

RCS Marseille no.: 429622707

Intracommunity VAT number: FR33429622707

Telephone number: +33 (0)4 91 09 44 60

Publication manager: Cyrille Torres

8.2 Web host

ILEVEL

13 Allée de la Sariette, 84250 LE THOR

Telephone: + 33 (0)4 90 33 74 99

Website: www.ilevel.fr

8.3 Contact

If you have any questions or complaints about these General Terms and Conditions of Use or our policy on the protection of personal data, please contact our customer service department using the :

- the ‘contact us’ link on the AQUAMAN-TRIATHLON.COM website

- Telephone +49 (0) 89 2030 3202, Monday to Friday, 9am to 5pm,

- e-mail: contact@AQUAMAN-TRIATHLON.COM

- by post: AQUAMAN, Service Consommateur, 34 Avenue Boisbaudran CS 60270 13344 Marseille Cedex 15, France.