Definitions
Client: any professional or individual capable under Articles 1123 and following of the Civil Code, or legal entity, who visits the Site subject to these general conditions.
Services: https://tackinthebox.ca provides to Clients:
Content: All elements constituting the information present on the Site, including texts, images, and videos.
Customer Information: Hereinafter referred to as “Information(s)” which correspond to all personal data likely to be held by https://tackinthebox.ca for the management of your account, customer relationship management, and for analysis and statistics purposes.
User: Internet user connecting to and using the aforementioned site.
Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (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. Presentation of the website.
Under Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the website https://tackinthebox.ca are informed of the identity of the various parties involved in its creation and monitoring:
Owner: John J Hixon – 2732 Silver Springs Blvd T3B 2C3 Calgary
Publication Manager: John J Hixon – contact@tackinthebox.ca
The publication manager is a natural or legal person.
Webmaster: John J Hixon – contact@tackinthebox.ca
Host: orson – IP: 172.31.37.197 172.31.1.226 – 18.184.132.238 60311–60599 Frankfurt 415-624-8380
Data Protection Officer: John J Hixon – contact@tackinthebox.ca
2. General terms of use of the site and services offered.
The Site constitutes a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Client may in no way reuse, transfer, or exploit for their own account all or part of the elements or works of the Site.
The use of the site https://tackinthebox.ca implies full and complete acceptance of the general terms of use described below. These terms of use are subject to modification or supplementation at any time; users of the site https://tackinthebox.ca are therefore invited to consult them regularly.
This website is normally accessible at all times to users. An interruption for technical maintenance may, however, be decided by https://tackinthebox.ca, which will then endeavor to communicate the dates and times of the intervention to users in advance. The website https://tackinthebox.ca is regularly updated by https://tackinthebox.ca responsible. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible to become aware of them.
3. Description of services provided.
The website https://tackinthebox.ca aims to provide information about all the company’s activities. https://tackinthebox.ca strives to provide as accurate information as possible on the site https://tackinthebox.ca. However, it cannot be held responsible for omissions, inaccuracies, and deficiencies in updates, whether they are its fault or the fault of third-party partners who provide this information.
All information provided on the site https://tackinthebox.ca is given for informational purposes and is subject to change. Furthermore, the information on the site https://tackinthebox.ca is not exhaustive. They are provided subject to modifications made since their publication.
4. Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. Furthermore, the user of the site agrees to access the site using recent equipment, free of viruses, and with an up-to-date latest-generation browser. The site https://tackinthebox.ca is hosted by a provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: No. 2016-679).
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, particularly for maintenance, improvement of its infrastructure, failure of its infrastructure, or if the Services generate traffic deemed abnormal.
https://tackinthebox.ca and the host cannot be held responsible in case of malfunction of the Internet network, telephone lines, or computer and telephone equipment, particularly due to network congestion preventing access to the server.
5. Intellectual property and counterfeiting.
https://tackinthebox.ca is the owner of the intellectual property rights and holds the usage rights for all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the site, by any means or process, is prohibited without the prior written authorization of: https://tackinthebox.ca.
Any unauthorized use of the site or any of its elements will be considered as counterfeiting and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of liability.
https://tackinthebox.ca acts as the publisher of the site. https://tackinthebox.ca is responsible for the quality and accuracy of the Content it publishes.
https://tackinthebox.ca cannot be held responsible for direct and indirect damages caused to the user’s equipment when accessing the website https://tackinthebox.ca, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
https://tackinthebox.ca cannot also be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site https://tackinthebox.ca. Interactive spaces (possibility to ask questions in the contact space) are available to users. https://tackinthebox.ca reserves the right to delete, without prior notice, any content posted in this space that violates the applicable legislation in France, particularly the provisions relating to data protection. If necessary, https://tackinthebox.ca also reserves the possibility to hold the user civilly and/or criminally liable, particularly in case of messages of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photograph, 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 Law on Information Technology and Freedoms of August 6, 2004, as well as the General Data Protection Regulation (GDPR: No. 2016-679).
7.1 Responsible for the collection of personal data
For the Personal Data collected in the context of the creation of the User’s personal account and their navigation on the Site, the data controller is: John J Hixon. https://tackinthebox.ca is represented by John J Hixon, its legal representative.
As the data controller for the data it collects, https://tackinthebox.ca undertakes to comply with the legal provisions in force. It is particularly up to the Client to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data, and to maintain a register of processing in accordance with reality. Whenever https://tackinthebox.ca processes Personal Data, https://tackinthebox.ca takes all reasonable measures to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which https://tackinthebox.ca processes them.
7.2 Purpose of the collected data
https://tackinthebox.ca may process all or part of the data:
- to allow navigation on the Site and the management and traceability of the services ordered by the user: connection and usage data of the Site, billing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for navigation, IP address, password (hashed)
- to improve navigation on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://tackinthebox.ca: email address
- to conduct communication campaigns (sms, email): phone number, email address
https://tackinthebox.ca does not sell your personal data, which are therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification, and opposition
In accordance with the current European regulations, the Users of https://tackinthebox.ca have the following rights:
- right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of the Users’ data right of blocking or erasure of the Users’ personal data (Article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, disclosure, or retention is prohibited
- right to withdraw consent at any time (Article 13-2c GDPR)
- right to restrict the processing of the Users’ data (Article 18 GDPR)
- right to object to the processing of the Users’ data (Article 21 GDPR)
- right to the portability of the data that the Users have provided, when these data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- right to define the fate of the Users’ data after their death and to choose to whom https://tackinthebox.ca should communicate (or not) their data to a third party they have previously designated
As soon as https://tackinthebox.ca becomes aware of the death of a User and in the absence of instructions from them, https://tackinthebox.ca undertakes to destroy their data, unless their retention proves necessary for evidentiary purposes or to comply with a legal obligation.
If the User wishes to know how https://tackinthebox.ca uses their Personal Data, request their rectification, or object to their processing, the User can contact https://tackinthebox.ca in writing at the following address:
John J Hixon – DPO, John J Hixon2732 Silver Springs Blvd T3B 2C3 Calgary.
In this case, the User must indicate the Personal Data they wish https://tackinthebox.ca to correct, update, or delete, precisely identifying themselves with a copy of an identity document (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on https://tackinthebox.ca by law, particularly regarding the retention or archiving of documents. Finally, the Users of https://tackinthebox.ca can file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4 Non-disclosure of personal data
https://tackinthebox.ca prohibits the processing, hosting, or transfer of the Information collected on its Clients to a country located outside the European Union or recognized as “inadequate” by the European Commission without prior notice to the client. However, https://tackinthebox.ca remains free to choose its technical and commercial subcontractors, provided they present sufficient guarantees in relation to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).
https://tackinthebox.ca undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of https://tackinthebox.ca, the latter must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://tackinthebox.ca does not collect any “sensitive data”.
The User’s Personal Data may be processed by subsidiaries of https://tackinthebox.ca and subcontractors (service providers), exclusively to achieve the purposes of this policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to the data of the Users of https://tackinthebox.ca are mainly the agents of our customer service.
8. Incident Notification
No matter the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate measures. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers about all matters relating to the security of their account and providing them with all the necessary information to help them comply with their own regulatory reporting obligations.
No personal information of the user of the site https://tackinthebox.ca is published without the user’s knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. The only hypothesis of the acquisition of https://tackinthebox.ca and its rights would allow the transmission of said information to the potential acquirer who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the site https://tackinthebox.ca.
Security
To ensure the security and confidentiality of Personal Data and Health Personal Data, https://tackinthebox.ca uses networks protected by standard devices such as firewalls, pseudonymization, encryption, and passwords.
When processing Personal Data, https://tackinthebox.ca takes all reasonable measures to protect them against any loss, misuse, unauthorized access, disclosure, alteration, or destruction.
9. Hypertext links “cookies” and internet tags (“tags”)
The site https://tackinthebox.ca contains a number of hypertext links to other sites, set up with the authorization of https://tackinthebox.ca. However, https://tackinthebox.ca does not have the possibility to verify the content of the sites thus visited, and will therefore assume no responsibility for this. Unless you choose to disable cookies, you agree that the site may use them. You can disable these cookies at any time and free of charge from the disabling options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.
9.1. “COOKIES”
A “cookie” is a small information file sent to the User’s browser and stored on the User’s terminal (e.g., computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, as well as the date and time of access. Cookies do not in any way risk damaging the User’s terminal.
https://tackinthebox.ca may process the User’s information regarding their visit to the Site, such as the pages viewed and the searches performed. This information allows https://tackinthebox.ca to improve the content of the Site and the User’s navigation.
Cookies facilitate navigation and/or the provision of services offered by the Site. The User can configure their browser to allow them to decide whether or not to accept them so that Cookies are stored on the terminal or, on the contrary, are rejected, either systematically or according to their sender. The User can also configure their browsing software so that the acceptance or refusal of Cookies is offered to them occasionally, before a Cookie is likely to be stored on their terminal. https://tackinthebox.ca informs the User that, in this case, it is possible that not all the features of their browsing software will be available.
If the User refuses to store Cookies on their terminal or browser, or if the User deletes those that are stored there, the User is informed that their navigation and experience on the Site may be limited. This could also be the case when https://tackinthebox.ca or one of its service providers cannot recognize, for technical compatibility reasons, the type of browser used by the terminal, the language and display settings, or the country from which the terminal appears to be connected to the Internet.
In such cases, https://tackinthebox.ca declines all responsibility for the consequences related to the degraded operation of the Site and the services possibly offered by https://tackinthebox.ca, resulting (i) from the User’s refusal of Cookies (ii) from the impossibility for https://tackinthebox.ca to record or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and the User’s choices, the configuration of each browser is different. It is described in the help menu of the browser, which will allow the User to know how they can modify their wishes regarding Cookies.
At any time, the User can choose to express and modify their wishes regarding Cookies. https://tackinthebox.ca may also use the services of external providers to help collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, LinkedIn, and Google Plus on the Site of https://tackinthebox.ca or in its mobile application, and if the User has accepted the deposit of cookies by continuing their navigation on the Internet Site or the mobile application of https://tackinthebox.ca, Twitter, Facebook, LinkedIn, and Google Plus may also deposit cookies on your terminals (computer, tablet, mobile phone).
These types of cookies are only deposited on your terminals if you consent to them by continuing your navigation on the Internet Site or the mobile application of https://tackinthebox.ca. At any time, however, the User can withdraw their consent to https://tackinthebox.ca depositing this type of cookie.
Article 9.2. INTERNET TAGS (“TAGS”)
https://tackinthebox.ca may occasionally use internet tags (also called “tags”, or action tags, one-pixel GIFs, transparent GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics specialist partner who may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.
These tags are placed both in online advertisements allowing internet users to access the Site, and on the various pages of the Site.
This technology allows https://tackinthebox.ca to evaluate the responses of visitors to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.
The external provider may possibly collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site for https://tackinthebox.ca, 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 site https://tackinthebox.ca is subject to French law. Except in cases where the law does not permit it, exclusive jurisdiction is attributed to the competent courts of Calgary.