Terms and Conditions & Privacy Policy

1 Introduction

This document contains the “Terms and Conditions” and the “Privacy Policy” of the Avasize.com Website.

2 Terms and Conditions

Terms and conditions v1.0 - in effect from 02/01/2017.

2.1 Subject

The "Terms and Conditions" below are intended to provide the legal framework for the use of the www.avasize.com services and their usage by the user.

Any person wishing to use the Avasize.com Website and the Website Services, undertakes, without any restriction or reservation, to comply with these “Terms and Conditions” and the “Privacy Policy”. They constitute a contract between the Website and the user. Access to www.avasize.com means acceptance of these “Terms and Conditions” and the “Privacy Policy”.

In case of non-acceptance of the “Terms and Conditions” and the “Privacy Policy” stipulated in the present contract, the User must renounce the access to the Website www.avasize.com and its services. The Website www.avasize.com reserves the right to modify the “Terms and Conditions” and the “Privacy Policy” at any time and without the Users being informed.

2.2 Legal information

The SAS Avasize is registered under the 830 960 324 number; head office is located at 168 avenue Henri Barbusse, 06220 Vallauris, FRANCE.
The company hosting the www.avasize.com Website is OVH, SAS with a capital of € 10 069 020, RCS of Lille under number 424 761 419 00045, whose head office address is 2 rue Kellermann - 59100 Roubaix - France.

Users of the www.avasize.com Website can contact the administrator by email: contact@avasize.com

2.3 Website presentation and provided services

Avasize is a free and confidential service that defines, with the user’s measurements, the corresponding clothe size according to the characteristics of each brand. This service allows the User to report his measurements associated with his Account, to define his preferred brands and the types of Items. This service also allows him to be in touch with his family (friends or relatives) in order to be able to buy clothes without knowing their measurements, their preferred brands or types of Items.

2.4 Definitions

The following terms shall have the meanings defined below:

2.5 How to register and access services

The Services are free for any identified User (identification using the Username and Password) on the site and having access to the internet.
To register and become a user, the User can register either on his own initiative on the Avasize.com Website by providing some of his contact details, or by having previously been sponsored by another User of the Avasize.com Website. He then receives an email invitation to become a User and by clicking on it will be redirected to Avasize.com Website. He will then have to provide certain information in order to become a User of the Avasize.com Website. In both cases, he will then have access to his private area, all the Services and all content of the avasize.com Website.
Once his registration is validated on the Website, Avasize sends an email to the User to confirm his registration with the site.

When registering on Avasize, the User agrees to use a valid email address as a Username and never to communicate his / her Password. Avasize agrees not to provide the Username and Password of user. It is up to the User to ensure the confidentiality of his Username and Password.

Any login to a User's Account from the Username and Password chosen at registration will be deemed to have been made by the User himself.
The User commits to create only one Account. Avasize cannot be held responsible for damaging consequences if a User uses multiple Accounts.
Upon registration, the User agrees to provide accurate and complete information and does not infringe, in any way whatsoever, the rights of any third party. The User also undertakes to update his information and to correct any errors affected by them.

The User commits to record the different measurements being requested by entering the exact results from the measurement. Each User must update their data regularly so that the measurements always correspond to the reality, in order to facilitate the quality of the purchases on the partner’s sites.
It is also strongly recommended that Users take the children's measurements more regularly and at shorter intervals.

Users using a photograph, image or other graphic representation to illustrate their profile specifically authorize Avasize to use this picture on the Website as an illustration of the user's profile. The User is solely responsible for its use. As such, the User guarantees that he / she has the right to reproduce, represent and adapt this picture, this image or any other graphic representation to illustrate its profile and that the person represented has expressly authorized such use. The User further warrants that Avasize will not be liable for any claims from third parties relating to the use of this picture, this image or any other graphic representation.

2.6 Sponsorship Service Description

Access to the Avasize.com Website can be done by a prior sponsorship by a user. Sponsorship by a User is limited to a restricted circle (families, friends, relatives) of the actual and physical knowledge of the sponsoring user. Consequently, the mass recruitment of referrals outside this framework, for directly or indirectly lucrative purposes, or even gratuitously, by any means such as via a Website, a blog, Advertisements on the Internet, magazines or discussion forums, or by using the names of the Partner brands of the site or by reproducing a part of the Graphic Charter and / or contents of Avasize.com, is strictly forbidden.

If Avasize was to identify serious irregularities by a User in the use of its sponsorship Service, then Avasize could take all appropriate measures to stop these irregularities, including the closure of the User's Account. 

2.7 Warranties & Liability

2.7.1 Warranties

Avasize endeavors to make its Avasize.com Website available 24 hours a day, 7 days a week, independently of scheduled maintenance operations, subject to the provisions of this article.
Website access and Services are provided on an "as is" basis and accessible based on availability.

2.7.2 Liability

All costs relating to access to Services, whether material, software or internet access are the responsibility of the user. He is solely responsible for the good functioning of his computer equipment as well as his access to the Internet.
Avasize shall not be liable for any elements beyond its control and for any damages that may be suffered by the user's technical environment, including, but not limited to, computers, software, network equipment and other equipment used to access or use Services and / or information.
Avasize cannot be held responsible for any malfunction of the network, servers or other events beyond reasonable control that would prevent or degrade access to the Service.
Avasize uses all reasonable means at its disposal to ensure quality access to the Service but is under no obligation to do so.
Avasize reserves the right to interrupt, temporarily suspend or modify without prior notice access to all or part of the Services, in order to maintain it, or for any other reason, without the interruption permitting any request of obligation or compensation.

Avasize reserves the right to refuse access to the Service, unilaterally and without prior notice, to any User who does not respect these “Terms and Conditions” and the “Privacy Policy”.
Be reminded that the action of fraudulently accessing and remaining in a computer system, hindering or damaging the functioning of such a system, introducing or modifying fraudulently data in a computer system is an offense punishable by criminal penalties both nationally and internationally. 
Any attempt to extract data by any means whatsoever is strictly prohibited; it constitutes an offense subject to legal penalties and sanctions both nationally and internationally.
In the event of violation of these “Terms and Conditions” and the “Privacy Policy”, Avasize reserves the right to delete the Account of the user.

It is specified that the URLs are provided by the Partners; Consequently, Avasize cannot be held liable for any typographical or redirecting errors.
Similarly, Avasize assumes no responsibility for incomplete, incorrect, inaccurate or outdated information provided by the user.
Avasize cannot, under any circumstances, be held responsible if the purchased item by the User does not suit him. The User will not be able to ask or demand from Avasize the reimbursement and / or assumption of management and / or return costs of the product, as well as compensation for any damage suffered by the user.

Coupons are provided by the Partners to the Users and available from the User's Account, Avasize being a third to these promotional operations conducted by the Partners who are solely responsible for them.
Avasize does not intervene at any time in the sale or the contractual relations that may intervene between the Users and the Partners or third parties holding clothes referenced on the platform.
In other words, Avasize does not act for, or on behalf of, its Partners and is therefore not involved in sales contracts between Users and Partners as a result of the use of platform.
Consequently, Avasize does not intervene in any way and with any title whatsoever in the complaints, disputes or claims related to the execution or interpretation of said contracts of sale or Service.
The User will have to contact the seller directly for any complaints related to his purchase.

2.8 Privacy Policy

You will find our policy of protection of the personal data by consulting our “Privacy Policy” which also regulates the use of the Services of the Avasize.com Website.

2.9 Electronic communications

When you use any Avasize Services or communicate with us by sending emails, SMS or other communications from your fixed or mobile equipment, you communicate with us electronically.

All of our communications will be made electronically to you via various means, such as email, SMS, notification messages in the application or by posting emails or communications on the Website or through other Avasize Services.

For your contractual purposes, you agree to receive electronic communications from us and you agree that all agreements, information, disclosures and other communications that we send to you electronically fulfill all legal obligations of written communications, unless a mandatory law requires a different mode of communication.

2.10 Intellectual property and database protection

The Graphic Charter and the Services of the Avasize.com Website are protected by the legislation of intellectual property currently in place in France, for the whole world. Avasize is the holder of all rights relating thereto.
All content present or made available through the Avasize Services, such as, but not limited to, the Website architecture, trademarks, texts, slogans, graphics, logos, buttons, images, photos, sounds, videos, animations, databases, source codes and / or computer applications are the exclusive property of Avasize SAS and are protected as such by the laws in force for Intellectual property, copyright and database protection.

Any unauthorized use of the Graphic Charter and / or the Services of the Avasize.com Website constitutes acts of copyright infringement and / or the right of the distinctive signs and incurs the criminal and civil liability of the User on the basis of infringement of copyright and / or the law of distinctive signs.
 
You must not systematically extract and / or reuse portions of the content of any Avasize Service without our express written permission.

The User will request a written authorization in advance to the Website. Without the express written permission of Avasize, he will be prohibited from reproducing, publishing, copying the different contents.

All content uploaded by the User is his sole responsibility. The User agrees not to upload content that may harm the interests of third parties. Any legal action brought by an injured third party against the site will be borne by the User.

The content of the User may be at any time and for any reason deleted or modified by the site. The User receives no justification and notification prior to the deletion or modification of the User content.

The User agrees to use the contents of the Website in a strictly private context. Use of the content for commercial purposes is strictly prohibited.

The User agrees not to use a data suction robot, or any similar data collection or retrieval tool, to extract (one or more times) to reuse a substantial portion of any data of Avasize, without our express and written agreement. Nor should it create and / or publish its own databases that would include substantial parts of Avasize Service without the express and written agreement of the site.

2.11 Cookies

The User is informed that during his visits to the Avasize.com Website, cookies or other tracers are likely to be installed automatically on the user's computer. The use of these cookies is used to:


The User is free to accept or reject the cookies by configuring his browser or by accepting the use of cookies when first connecting to the site.

This cookie is retained for a period of twelve months and allows the User to access the Services again without having to identify himself during this period.

Cookies are anonymous and are not used to collect personal data, but only for connection purposes and statistics.

The User can at any time use the options of his Internet browser to disable the reception of a cookie. However, Avasize informs the User that such deactivation would prevent the access of Services and / or functionalities.

2.12 Hypertext links

Avasize offers hypertext links that redirect to Websites published and / or managed by Partners. To the extent that Avasize does not control the external resources, the User acknowledges that Avasize cannot be held responsible for the content distributed on these sites.

Any placement of hypertext links on another Website towards Avasize.com must be expressly requested in writing and authorized by Avasize before the establishment of the hypertext link.

This permission to set up a hypertext link allowing access to Avasize.com Website must be done by opening a new window or tab.

However, any hypertext linking using techniques known as "Deep linking", "Flaming" and / or "Deep link", that is to say the opening of Avasize.com Website page nested in the site inside the pages of another site are prohibited.

Excluded from this authorization – this list is not exhaustive - sites that disseminate information that is illegal, violent, pornographic, racist, anti-Semitic or xenophobic, that infringes respect for the human person or its dignity, affecting the privacy of the individual, infringement of copyright, neighbor rights, trademark rights, personality rights of third parties and / or which may affect the sensitivity of the public.

Avasize reserves the right to remove any hypertext links it deems not to conform to the spirit of its site or its use, and to request any deletion of hypertext links not authorized in writing.

2.13 Change of ”Terms and Conditions”

Avasize reserves the right to freely modify these “Terms and Conditions” at any time. Any new version of these will be indicated beforehand on the page “Terms and Conditions”.
Consequently, we invite you to refer to it during each visit in order to read their latest version available permanently online on the Website. You are then free to not access the Services if conditions do not suit you.
Any changes will take effect immediately and apply to all Users using the Services after the change.

2.14 Applicable law & Competent authorities

This agreement is subject to French law. In the event of a dispute between the parties relating to the conclusion, interpretation, execution or termination of these "Terms and Conditions", the parties will endeavor to settle it amicably. The fact that one of the parties has not required the application of any clause of these "Terms and Conditions", whether temporarily or permanently, can in no way be considered as a waiver to that clause.
Should any of the clauses stipulated in the "Terms and Conditions" be voided under any applicable statutory or regulatory provision and / or a court decision that has the force of res judicata, it will be of no force of effect. It will not affect the validity of the other clauses that remain fully applicable.

In the absence of an amicable agreement, any dispute shall be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the registered office of Avasize.

3 Privacy Policy

Privacy Policy v1.0 - in effect from 02/01/2017.

3.1 Preamble

The respect of your privacy and your personal data is a priority for the Avasize Company, which undertakes to respect the French data protection and freedom of information law n ° 78-17 of January 6, 1978 and the data collected in the Website have been declared to the CNIL. The purpose of this Privacy Policy is to inform users of the Avasize.com Website of how their personal information may be collected and processed by Avasize.

Avasize commits in any case to respect the following two (2) essential principles:


Any use made in any capacity whatsoever of the Avasize.com Website implies the unreserved acceptance by the User of this Privacy Policy; acceptance is made especially when the User create his Account to access the Avasize.com Website.

3.2 Definitions

The following terms shall have the meanings set out below:

3.3 Legal information

The SAS Avasize is registered under the 2099864 number, head office is located at 168 avenue Henri Barbusse, 06220 Vallauris, FRANCE, represented by its CEO residing at the registered office.
The company hosting the www.avasize.com Website is Online, SAS with a capital of € 214,410.50, RCS of Paris under number B 433 115 904, whose head office address is BP 438 - 75366 Paris CEDEX 08.

Users of the www.avasize.com Website can contact the administrator by email: contact@avasize.com

3.4 Data Collection and Processing

In connection with the operation of the Avasize.com Website, Avasize SAS may collect personal data relating to users of its site. These data shall be processed in accordance with the purposes foreseen for the collection. In particular, Avasize may collect personal data:


Whenever necessary under the Data Protection, Avasize undertakes, as the case may be, to obtain the consent of the User and / or to allow him to oppose the use of his data for certain purposes such as, in particular, commercial prospecting.

The data that may be collected and processed by the company Avasize for the purposes described in the "Purposes of treatments" section of this “Privacy Policy” concern:

3.5 Purposes of treatments

These different data are collected to ensure:


The company Avasize will also be able to use this data for legal and / or regulatory purposes.
In any case, Avasize undertakes to respect the French data protection and freedom of information law n ° 78-17 of January 6, 1978 and the data collected in the Website have been declared to the CNIL.

In accordance with the data protection regulations notably from the GDPR that came into force on May 25, 2018, the data collected are intended solely for Avasize (and technical subcontractors), for the purpose of executing the commands and functions activated by the 'user. These data are retained only for the duration of the terms of the contract except in case of opposition or request for deletion.

3.6 Consent

When opening or managing his Account on the Avasize.com Website, the User fills out various forms and communicates various personal data concerning him to benefit from all the Services offered by Avasize Company. By the spontaneous communication of his personal data, the User expressly consents to his data being collected and processed by Avasize Company for the purposes that are brought to his knowledge.

3.7 Data retention period

Avasize Company undertakes that the data collected shall be kept in a form enabling the persons concerned to be identified for a period, which does not exceed the time necessary for the purposes for which they are collected and processed.

The personal data relating to users of the Avasize.com Website can therefore not be retained for more than twelve (12) months following the closing or termination of the corresponding Account; With the exception of certain data archived in accordance with the provisions in force (in particular those laid down by the Commercial Code, the Civil Code and the Consumer Code), where their retention is necessary to establish proof of a right or a contract or for compliance with a legal obligation.

By way of exception, the identification data relating to users of the Avasize.com Website are kept for three (3) years after the User Account closes or as of their collection by Avasize Company.

3.8 User rights

It is recalled that the User whose personal data is processed enjoys the rights of access, rectification and opposition to the processing of his / her personal data in accordance with the French data protection and freedom of information law n ° 78-17 of January 6, 1978.
These rights may be exercised in accordance with the French data protection and freedom of information law n ° 78-17 of January 6, 1978 by simple request by email to contact@avasize.com or by regular mail at Address: Avasize - Legal Department - 510 avenue Henri Barbusse, 06220 VALLAURIS proving identity and legitimate reason if required by law.

In the case of a copy of identity documents, it shall be kept for one (1) year in the event of collection for the purpose of verifying the identity of the User wishing to exercise his right of access or rectification and three (3) years for the purpose of verifying the identity of the User wishing to exercise his right to object. The same applies to any other data collected during the exercise by the User of his right to object.

3.9 Data Recipients

No personal data relating to users is sold, ceded or transferred to third parties, with the exception of your last name, first name and your physical address, which will be sent to the Partner site so that your delivery form is pre-filled.
Subject to the possibility of access to data by subcontractors responsible for hosting and maintaining the Avasize.com Website.

3.10 Social networks

Any User can click on the Facebook, Twitter and Google+ social icons on the Avasize Website.
As such, personal information that the User has indicated as public and accessible from his Facebook profile will be accessible to the company Avasize; which the User expressly authorizes.

However, Avasize does not create or use any Facebook dependent database on the basis of personal information that the User may publish, and Avasize will not exploit any data relating to the privacy of its users collected by Facebook.

If the User wishes to oppose Avasize's access to the personal information he has published on the public space of his profile or account, he must use the means made available to him by Facebook, Twitter and Google to limit access to its data. As such, these data may be transmitted to Facebook, Twitter and Google and used as part of their respective Privacy Policies that Avasize recommends to users to consult.

3.11 Connection data and cookies

Avasize company makes use of connection data (date, time, Internet address, visitor's computer protocol, page viewed) and cookies (small files stored on the user's computer), to record access, to benefit from measures and statistics of audience of the Avasize.com Website, in particular relating to the pages consulted.

By using the Avasize.com Website, the User accepts that the Avasize company installs this type of cookies called "technical" whose exclusive purpose is to enable or facilitate communication electronically to the user's terminal equipment with The Avasize.com Website, facilitating management, navigation on it and facilitating the authentication of users. The data collected through these cookies will also enable Avasize to compile statistics and conduct attendance analyzes.

The User can, like other data, exercise his right of access to this connection data concerning him by making the request by email to contact@Avasize.com.

If the browser allows it, users can disable cookies at any time by following the procedure specified by this browser. However, such deactivation would prevent them from accessing all or part of the Services and / or the functionality of the Avasize.com Website.

In any case, the information stored in the User terminal (e.g. cookies) or any other element used to identify the User for the purposes of audience statistics shall not be retained beyond a period of six (6) months. Beyond this period, raw data associated with an identifier is either deleted or rendered anonymous.

Avasize also uses Google Analytics Service cookies to analyze the use of the Avasize.com Website by its users. The data generated by the cookies concerning your use of the site (including your IP address) will be transmitted and stored by Google on servers located in the United States.

Google will use this information in order to evaluate the use of the site, to compile reports on the activity of the site to Avasize and to provide other Services relating to the activity of the site and the use of Internet.

Google may disclose such data to third parties in the event of a legal obligation or when such third parties process such data on behalf of Google, including Avasize. Google will not match your IP address with any other data owned by Google.

Avasize recommends that users review the Google Adwords and Google Analytics Terms of Use and Privacy Policy at: http://www.google.com/policies/privacy/

3.12 Security

Avasize company complies with the Data Protection and freedom of information law.
In this respect, Avasize takes the necessary precautions, in view of the nature of the data and the risks presented by the processing, to preserve the data security and in particular to prevent them from being deformed, damaged, or that third parties acquire access (Physical protection of premises, method of authenticating users, logging of connections, encryption of certain data, etc.).
In particular, access to the Account of each User of the Avasize.com Website is strictly personal and secured by a Username corresponding to a personal email address and a Password, at the choice of the user. It is therefore very important and in the interest of each User to ensure the confidentiality of his Username and Password. Any login to a user's Account from the Username and Password selected at registration will be deemed to have been made by the User himself.

In addition, Avasize has taken increased precautions regarding the confidentiality and security of data relating to the measurements of its users. This data is indeed encrypted so that no other person than the User has access to it. This data relating to users of the Avasize.com Website is not communicated to anyone outside Avasize.

Avasize may, however, use data relating to measurements for statistical purposes after having made them anonymous and totally separated from the person to whom they belong. This data can also be decrypted on an exceptional basis in the event of a dispute between the User and Avasize involving this measurement data.