DOLPHINS AND SHARKS
1. GENERAL INFORMATION
This Website is published by DOLPHINS & SHARKS, a Société Anonyme [French public limited company] (“DOLPHINS & SHARKS”) with capital of 1,000 euros, whose registered office is located at 62, rue de Caumartin, 75009 Paris, registered with the Register of Companies of PARIS as number 793 855 768.
The Website is hosted by ADVEN MAINTENANCE, a French corporation whose registered office is located at 1 rue Lavoisier – 75008 Paris – FRANCE.
2. INTELLECTUAL PROPERTY
This Website is the exclusive property of DOLPHINS & SHARKS, and DOLPHINS & SHARKS is solely entitled to use and operate the individual and intellectual property rights covering the Website. All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Website is Copyright © 2017 DOLPHINS & SHARKS. ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of DOLPHINS & SHARKS and is protected by U.S. and international copyright laws. All software used on the Website is the property of DOLPHINS & SHARKS or its software suppliers and is protected by U.S. and international copyright laws.
The DOLPHINS & SHARKS trademark, and all the brand and non-brand marks, and in general all other trademarks, illustrations, images and logotypes that appear on the DOLPHINS & SHARKS products, their accessories or their packaging, whether or not they are registered, are and shall remain the exclusive property of DOLPHINS & SHARKS.
Any reproduction in whole or in part, modification or use of these trademarks, illustrations, images and logotypes for any reason and by any means whatsoever including, without limitation, in a manner that is likely to cause confusion among consumers or in a manner that disparages or discredits DOLPHINS & SHARKS, is strictly prohibited.
Any combination or use of the DOLPHINS & SHARKS trademarks, illustrations, images and logotypes in conjunction with any other trademark, symbol, logotype and more generally any distinctive sign that is intended to form a composite logo is strictly prohibited.
The use of all or part of the Website, in particular by means of downloading, reproducing, printing, electronically copying, distributing, republishing, displaying, performing or transmitting for purposes other than personal and private use for a non-commercial purpose is strictly prohibited.
Hyperlinks to our Website may only be created with our written, prior consent. Such consent may be withdrawn at any time. We cannot be held responsible for the content of any websites linked to our Website.
The DOLPHINS & SHARKS products featured on the Website are representative of DOLPHINS & SHARKS ‘s collection. However, not all DOLPHINS & SHARKS products are featured on the Website. The style, designs, models, colours and prices of the DOLPHINS & SHARKS products featured on the Website may be modified without prior notice.
The DOLPHINS & SHARKS products on the Website can be ordered and delivered in Metropolitan France and United States (excluding US territories and Puerto Rico). Prices on the Website quoted in U.S. Dollars are valid and effective only in the United States.
The products available on the Website are for your personal use only. Please see our General Conditions of Sale.
The content of this Website may contain inaccuracies or typographical errors. DOLPHINS & SHARKS shall not be held liable for any inaccuracy or error, or for loss or damage caused by or resulting from the use of information obtained on or through the Website. It is up to you to assess the information and any other content available on or through the Website. The Website and the information and products appearing on it are liable to be modified at any time, possibly without further notice or advance warning.
The visitor is informed that the access of this Website may be interrupted at any time for maintenance, security reasons or any other technical constraint.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use of any content or enforce limitations on use of the Website or the content therein. You may not interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, including by using any device, software or routine to bypass robot exclusion headers.
This Website and its contents are provided "as is" and "within the limit of their availability". DOLPHINS & SHARKS shall not be held liable and provides no guarantee of any kind, whether express or implied, including any guarantee as to the title or the absence of malevolent programs (such as viruses, worms or Trojan horses) or implied guarantee as to merchantability (trade value) or suitability for a particular use, and expressly disclaims all liability and all guarantee. DOLPHINS & SHARKS shall bear no liability and cannot guarantee that the information contained on the Website is accurate, complete or up-to-date, that the Website contains no defect or that any such defect shall be corrected. By using this Website, you agree to do so at your own risk and assume full responsibility for any inability to use the Website, any loss of data and the costs related to any assistance or repair of any hardware and/or software used by you for connecting to the Website, and you agree to hold DOLPHINS & SHARKS harmless for any damage whatsoever that may be caused by, result from or be connected to your use of the Website. In cases where the applicable law does not permit the exclusion of implied guarantees, some or possibly all of the disclaimer clauses mentioned above may not apply to you.
6. LIMITATION OF LIABILITY
7. CHOICE OF LAW – LANGUAGE – DISPUTES
8. FRAUD PROTECTION PROGRAM
As part of our order processing procedures, we will screen all orders received at www.dolphinsandsharks.com for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
9. MY ACCOUNT
Only individuals may register for My Account, and you are limited to one account per individual. Employees, officers, directors, agents and representatives of DOLPHINS & SHARKS are eligible for account membership but may be excluded from certain promotions. You must be age 13 years or older to be eligible for account membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation.
By completing an account form for My Account (the "Program"), you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions. NO PURCHASE IS NECESSARY TO BECOME A MEMBER OF THE PROGRAM. The Program is void where prohibited by law.
By completing an account form for the Program, you are asked to agree (or, if you are a minor, your parent or legal guardian agrees) to receive advertising, marketing materials and other communications from DOLPHINS & SHARKS. By signing up for the Program, you are asked to subscribe to the DOLPHINS & SHARKS newsletter. If you do not wish to receive these communications, you can request that they be discontinued by updating your client profile at www.dolphinsandsharks.com or by contacting Customer Service.
DOLPHINS & SHARKS may, in its sole discretion, alter, limit, or modify the Program rules, regulations, benefits, eligibility for account membership, or any other feature of the Program or may terminate the Program any time at its sole discretion, without prior notice.
DOLPHINS & SHARKS reserves the right to exclude individuals from the Program in its sole discretion. Any abuse of the Program, failure to follow any terms of the Program, inactivity for more than 24 months, any misrepresentation or any conduct detrimental to the interests of DOLPHINS & SHARKS may subject members to account revocation and will affect eligibility for further participation in the Program. If your account is revoked, credits, points or other attributes of your account, if any, will automatically expire and terminate. DOLPHINS & SHARKS reserves the right to make changes to these Program disclaimers, terms and conditions at any time. It is your responsibility to check or review these terms and conditions from time to time to keep informed of any changes.
DOLPHINS & SHARKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR ACCOUNT MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. WHERE PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON DOLPHINS & SHARKS’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM DOLPHINS & SHARKS AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE, SOME OR EVEN ALL OF THE LIMITATIONS MENTIONED ABOVE MAY NOT APPLY TO YOU.
10. PERSONNAL DATA
DOLPHINS & SHARKS respects your concerns concerning the confidentiality of the information you provide us. By communicating your personal information and data, you consent to our using, examining and, where applicable, divulging that information, particularly for the purpose of processing your newsletter requests or your orders for DOLPHINS & SHARKS products via the Website. Consequently, we advise you to read this Legal Notice carefully.
This Legal Notice applies only to information collected by us on this Website or collected in connection with purchases of DOLPHINS & SHARKS products made through this Website. You may be accessing our Website from a computer or mobile phone device and this Legal Notice governs your use of our Website regardless of the means of access.
10.1 GENERAL INFORMATION
Through the Site, you may be asked to communicate personally identifiable data to DOLPHINS & SHARKS, particularly when creating a customer account, ordering DOLPHINS & SHARKS products or subscribing to our newsletter.
Any personal information you transmit to DOLPHINS & SHARKS for the use of certain services is subject to the French data protection Act No. 78-17 ("Information Technology and Freedoms") of 6 January 1978 as amended by the Act of 6 August 2004, as well as other applicable law.
DOLPHINS & SHARKS may also collect certain information concerning your browsing activities on our Site, under conditions described in greater detail below, in the "Cookies" section.
We comply with the Children's Online Privacy Protection Act of 1998 in the United States. If you are under the age of 13, you can look at our Website, but you cannot use any service on our Website that asks for personal information. Our Website is not designed for children. We do not wish to collect any information from children under 13. If we become aware that we have inadvertently received personally identifiable information from a child under the age of 13, we will delete such information from our records. This policy is designed to protect children. U.S. Federal law requires us to take special steps to safeguard children's privacy. For more information about this federal law and about children's privacy, click here. (https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule)
10.2 RIGHT OF ACCESS, CORRECTION, DELETION AND OBJECTION TO PROCESSING
You have a right of access, rectification and deletion of the personally identifiable data collected by us about you, together with the possibility of objecting to the processing of such data, which you may exercise at any time:
- For the DOLPHINS & SHARKS newsletter: either by changing your preferences in the dedicated section of your DOLPHINS & SHARKS account, or by clicking the unsubscribe link included in each electronic newsletter sent to you.
- When ordering DOLPHINS & SHARKS products: either in the dedicated section of your personal account for any corrections, or by contacting: DOLPHINS & SHARKS Customer Service PO Box 230885 New York NY 10023 Email: email@example.com
10.3 OUR COMPANY'S MANAGEMENT OF PERSONAL DATA
10.3.1 PURPOSES OF COLLECTING DATA
When browsing our Site, you are likely to be asked to provide personally identifiable information (such as name, address, billing information, email address, phone number or birth date) to us when it is reasonably necessary to serve a legitimate business or marketing purpose, including for the following purposes:
- Managing your subscription to the newsletter (subscribing and unsubscribing);
You are advised that supplying this information is optional, and is designed solely to know more about you so as to better meet your needs and, with your consent, to send you information on new DOLPHINS & SHARKS products, offers, promotions, etc.
- Execution and tracking of your product orders on our Website.
If you do not complete these mandatory fields, we shall be unable to fulfil your order or otherwise meet your requests. We may also keep a record of your product interests and purchases.
- Making our Website more rewarding for you to use.
We usually use personally identifiable data for internal purposes, such as studying our customers' preferences or to send out newsletters and other announcements with information about new products, gifts and special features. We may also use your information to track your purchase history or product interests and to contact you for account and promotional purposes. As noted below, we may also share personally identifiable data with third parties for analytical purposes and in order to notify you of products or services that we think may be of interest to you. From time to time, we may also share your information with outside third-party service providers who are authorized to use this information solely to perform services on our behalf.
10.3.2 DATA RETENTION
The data collected by us is retained for a period that does not exceed the time reasonably necessary for the purposes for which they were collected:
For managing your newsletter subscription, we retain the data for as long as you are subscribed to the newsletter, and we undertake to delete all data within 3 (three) months from the date you unsubscribe.
10.3.3 DATA RECIPIENTS
DOLPHINS & SHARKS is the recipient of the personally identifiable data provided by you.
We do not currently sell or license personally identifiable data provided by you. Before selling or licensing your personally identifiable data, we will post a notice in this Legal Notice and on the home page of the Website.
However, we may share personally identifiable data and other information with DOLPHINS & SHARKS’s subsidiaries. Subject to applicable law, personally identifiable data also may be transferred as part of any merger, acquisition or sale of company assets, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which personally identifiable data would be transferred to another entity.
For orders delivered outside the European Union, you consent to the transmission of certain personal information concerning you (your name, delivery address, telephone number, the product(s) purchased, the price paid, etc.) to FEDEX whose registered office is situated at 125 AVENUE LOUIS ROCHE 125-135 92230 GENNEVILLIERS, FRANCE, including, where necessary, to its subsidiaries and some of its suppliers. FEDEX will treat this information as private and confidential and will use it only for the purpose of providing international shipment and customs-clearance services required to secure delivery of your order. Information concerning such orders shall be supplied to the competent authorities for purposes of export, import, duties, taxes and security checks. The information may include your name, delivery address, description of the goods, their value, the number of items and package weight. This information is required under the laws and regulations in force in the countries from which and to which the packages are shipped. FEDEX undertakes to manage the data responsibly, in compliance with data protection legislation, and declares that it employs practices compliant with industry standards to safeguard the security of your data, which may be stored and processed in France.
10.3.4 DATA SECURITY AND CONFIDENTIALITY
DOLPHINS & SHARKS has used commercially reasonable efforts to introduce the fullest precautions conducive to safeguarding the security and confidentiality of the personally identifiable data processed and to prevent it becoming distorted, damaged, destroyed or made accessible to unauthorized third parties. We maintain physical, electronic and procedural safeguards to protect your personal data. For example, we use industry-standard Secure Sockets Layer ("SSL") authentication to guarantee the confidentiality of online transactions made on our Website. SSL authentication and encryption of the information that you send to us over the Internet help protect your online transaction information from third party interception. We will never display your full credit card number once it has been entered. We will only reveal the last four digits of your credit card for verification purposes. We urge you to protect your own privacy. We recommend that you do not share your account information with anyone or share your account information in an unsolicited phone call or e-mail.
However, DOLPHINS & SHARKS cannot control all risks associated with the operation of the Internet, and draws your attention to the likelihood of risks incurred in its use and operation. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.
10.4.1 WHAT IS A COOKIE ?
A cookie is a text file that can be stored in a dedicated area of your Terminal's* hard disk when viewing an Online service using your browser. A cookie file enables its issuer to identify the terminal on which it is stored during the cookie's validity or registration period.
* the Terminal means the hardware (computer, tablet, smartphone, etc.) that you use to view or display a website, application, advert, etc.
10.4.2 THE COOKIES WE ISSUE ON OUR WEBSITE
When you visit our Website, we may, subject to your choices, install various cookies on your Terminal to enable us to recognize your Terminal's browser during the validity period of the cookie concerned.
The Cookies we issue have the following purposes :
- Establish statistics and volume of visits and use of our Website's various constituent elements (sections and contents visited, visitor paths), enabling us to enhance the interest and ergonomics of our services, and the visibility of the content we publish;
- Enable or facilitate your browsing of the Website, or provide you online communication services that you use when browsing, and thus adapt the presentation of our Website to your Terminal's display preferences (language used, display resolution, operating system used, etc.) when you visit our Website, suitable for your Terminal's display or data-reading hardware or software;
- Memorize information from a form you have completed on our Website (registration or logging in to your account) or concerning products, services or information you selected on our Website (service subscribed, contents of an order basket, wish list, etc.);
- Afford you access to reserved personal spaces on our Website, such as your account, using logins or data you may previously have disclosed to us;
- Implement security measures, for example when you are requested to log in again to a content or service after a certain length of time.
10.4.3 COOKIES ISSUED ON OUR WEBSITE BY THIRD PARTIES
10.4.3.1 Cookies issued through third-party applications embedded on our Website
We may include on our Website computer applications from third parties designed to enable you to share the content of our Website with others, or to acquaint others with your viewing or your opinion concerning content on our Website. This is particularly the case for the "Share" and "Like" buttons provided by the social networks (such as Facebook, Twitter, etc.).
A social network providing an application button of this kind is likely to identify you through that button, even if you have not used that button when browsing our Website. This type of application button can enable the social network concerned to track your browsing of our Website simply through the fact of your social network account being activated on your Terminal (open session) while you are browsing our Website.
We have no control over the process used by social networks to collect information on your browsing of our Website that is associated with the personal data in their possession. We recommend that you view the privacy policies of the social networks to be aware of the purposes of use, particularly for advertising, of the browsing information they may collect using the application buttons. These privacy policies must in particular allow you to make choices on those social networks, particularly by changing the settings of your user accounts on each of those networks.
10.4.3.2 Cookies issued on our website by third parties
Our Website may contain cookies issued by third parties (communication agencies, audience measurement companies, etc.) enabling them, for the validity period of those cookies to collect browsing information relating to the Terminals viewing our Website, and particularly to measure the effectiveness of our paid referencing campaigns with search engines.
10.4.4 YOUR COOKIE MANAGEMENT CHOICES
You may at any time express and change your cookie choices, using the methods described below.
10.4.4.1 THE CHOICES AFFORDED YOU BY YOUR BROWSER
You can configure your browser so as to have the cookies recorded on your Terminal or, on the other hand, to reject them, either systematically or according to their issuer. You can also configure your browser so that a cookie can be proposed for acceptance or refusal individually, before a cookie can be stored on your Terminal. For further information, view the section "How do you make your management choices, depending on the browser you use?".
(a) Cookie consent
Storage of a cookie on a terminal is basically dependent on the wish of the Terminal user, which can be expressed and changed at any time, free of charge, through the choices afforded by the user's browser. If you have configured your browser to accept storage of cookies on your Terminal, the cookies embedded in the pages and contents you have viewed may be stored temporarily in a dedicated space on your Terminal. They will be readable there solely by their issuer.
(b) Cookie rejection
If you reject the storing of cookies on your Terminal, or if you delete those that are recorded there, you may thereafter be deprived of a certain number of functions, which are, nevertheless, necessary for browsing certain spaces on our Website. This would happen if you attempted to access our content or services requiring you to log in. This would also happen whenever we or our service providers are unable to recognize, for technical compatibility purposes, the type of browser used by your Terminal, its language and display settings or the country from which your Terminal appears to be logged on to the Internet.
Where applicable, we decline all responsibility for any consequences arising from the degraded operation of our services due to our being unable to store or view the cookies you have rejected or deleted that are required for operating such services.
(c) How do you make your management choices, depending on the browser you use?
Each browser has a different configuration for managing cookies and your choices. This configuration is described in your browser's help menu, informing you how to change your cookie management choices.
For Internet Explorer 8.0 and above :
- Choose the "Tools" menu, then "Internet Options"
- Click on the "Confidentiality" tab
- Use the cursor to select the level required.
For Mozilla Firefox :
- Choose the "Tools" menu, then "Options"
- Click on the "Privacy" icon
- Locate the "cookies" menu and select the options you want.
For Chrome :
- Choose the "Settings" menu
- Click on "Show advanced parameters" and go to the "Confidentiality" paragraph
- Click on "Content parameters".
For Opera :
- Choose the "File" menu, then "Preferences"
- Click on the "Privacy" icon
- Define your settings.
For Android :
- Tap the top right-hand key
- Go to "Settings", then "Confidentiality and security"
- Define your settings.
For Dolphin in Android :
- In the menu, go to "More", then to "Settings"
- Choose the Confidentiality menu, then "Security"
- Define your settings in the "Cookies" menu.
For Safari in iOS :
- In the "Settings" application, choose "Safari"
- In the "Confidentiality" section, go to "accept cookies"
- Define your settings.
10.4.5 IF YOU SHARE YOUR TERMINAL WITH OTHERS
If your Terminal is used by more than one person and a single terminal has several browsers, we cannot be certain that the services and advertising sent to your Terminal actually correspond to your own use of that Terminal, as opposed to the use of that Terminal by another user.
Where this is the case, sharing the use of your Terminal with others and the configuration of your browser's cookie settings are matters of your free choice and own responsibility.
For further information on cookies and their use, you can view the information provided by the French data protection agency, the Commission Nationale de l’Informatique et des Libertés (CNIL), at the following address: http://www.cnil.fr.
10.5 APPLICABLE LAW – LANGUAGES – LEGAL DISPUTES
This Legal Notice is governed by and subject to French law.
Any disputes to which this Charter gives rise, whether concerning its validity, interpretation, performance, termination, consequences or any matters arising from it, shall be referred to the French courts of law.
10.6 AMENDMENT OF THIS LEGAL NOTICE