1 Data controller: HEXAGONA
Purposes and basis of legitimacy : If you agree, we will publish your photo or videos along with certain personal data (e.g., your social media username) on websites in the countries where HEXAGONA operates. The legitimate reason for using your data is the consent you gave us by replying to the message we sent you with the hashtag #HEXAGONAgree.
Data recipients: We share your data with service providers and collaborators within and outside the European Union, who assist us in sending information. We do this with appropriate safeguards and ensuring the security of your data.
Rights : You can withdraw your consent at any time and free of charge, as well as exercise other rights as explained in clauses 11 and 8 of this document.
Additional Information: For further information, please see clause 8 of this document and HEXAGONA's Privacy Policy available at www.hexagona.com.
GENERAL CONDITIONS
These terms and conditions govern access to, navigation on and use of the Services, as defined below.
HEXAGONA, a company whose registered office is located at 122 avenue de la Plaine de France, 95500 Gonesse, registered with the Paris Trade and Companies Register under number 405 270 224, offers users, via the HEXAGONA brand (hereinafter referred to as "HEXAGONA"), the possibility of providing images, comments, videos or other content (hereinafter referred to as "Content") through the corresponding sections of the web page, the mobile application, social media profiles, digital media, newsletters or devices enabled to interact with the online sales platform for products, services and features related to the HEXAGONA brand (hereinafter referred to as "Services"). Gallery means the different sections of the HEXAGONA web page on which the Content is accessible.
1. General Conditions and Acceptance
1.1 Access to the Services, navigation on them and their use are the responsibility of users, in accordance with the provisions set out in these general conditions.
1.2 Where applicable, links to other websites and materials or Third Party Content are provided for information purposes only and we have no control over their content. Accordingly, we accept no liability for any damages or losses arising from their use.
1.3 The publication of Content is subject to these terms and conditions. You must read and accept these terms and conditions before using the Services. If you do not accept the Terms and Conditions, please do not use the Services.
1.4 The use of the Services itself will not establish any type of contractual relationship between you and HEXAGONA.
1.5 Use of the Services will be reserved for users residing in the following countries: France, DOM-COM, Corsica, Monaco, Belgium, Luxembourg, Germany, Netherlands, Austria, United Kingdom, Spain (excluding specific territories), Portugal (excluding specific territories), Ireland, Italy, Estonia, Hungary, Latvia, Lithuania, Czech Republic, Slovakia, Slovenia, Switzerland, Denmark, Poland, Sweden, Specific territories of Spain (Balearic Islands, Canary Islands, Ceuta, Melilla), Bulgaria, Cyprus, Croatia, Finland, Iceland, Malta, Norway, Romania, Australia, United States of America, Canada, China, Japan, Hong Kong, Singapore, Thailand, Taiwan, Vietnam, India, Israel, Brazil, Belarus
2. Operation of the Services
2.1 The Contents must show 1) HEXAGONA accessories or 2) people wearing at least one (1) main HEXAGONA accessory (main accessories are understood to be bags, small leather goods, belts). You must handle the aforementioned accessories, as well as publish the Contents, diligently and correctly, avoiding at all times that these accessories, HEXAGONA or the “HEXAGONA” brand are damaged, denigrated or harmed in any way.
2.2 HEXAGONA may select the Content that you publish on social networks related to the HEXAGONA universe, in which case HEXAGONA will ask your permission. If you publish the Content on the social networks Facebook, Pinterest, Tik Tok and/or Instagram, you must expressly mention and/or tag the official HEXAGONA account: @HexagonaParis for Facebook, @Hexagona_paris for Instagram, TikTok and Pinterest and/or include one of these two hashtag(s): #hexagona or #hexagonaparis or #clubhexagona. In all cases, HEXAGONA will ask your permission to publish these contents and You must respond using the hashtag #HEXAGONAgree, which will require prior reading and acceptance of the aforementioned General Conditions.
2.3 The Content you provide to us after requesting your permission from HEXAGONA will be selected at our sole discretion, without us being obliged to use all or part of the Content provided. HEXAGONA reserves the right to add or delete text, edit graphic material and reject, suspend, cancel or delete the publication of your Content.
2.4 In the event that the Contents that you have published or made available to us are selected, they will be shown or appear on the Gallery of the web page, on the mobile application, on the official profiles on social networks, in any newsletters sent and on the digital and physical media or other promotional materials attached to or related to the sale of HEXAGONA brand products through HEXAGONA points of sale (hereinafter referred to as the “Media”).
2.5 Given that the use of the Services will imply that the Contents are shown or appear on the official profiles of HEXAGONA, we advise you to carefully read the Conditions of Use of said social networks, accessible on the latter.
2.6 Given that other users will be able to view and access the Content, said users may choose to share the Content through the appropriate platforms, using the tools available where appropriate, in accordance with the conditions set out in the media in question. Thus, by using the Services, you express your acceptance and consent for the Content that is published and made available to HEXAGONA to be possibly shared with the rest of the users of said platforms.
3. Legal majority
Access to and use of the Services is restricted to persons over the age of 18, and Content must not include any person under the age of 18. By accepting these 3 terms and conditions, you declare that you are over the age of 18, have the legal capacity to enter into contracts, and assume full responsibility for this declaration.
4. Modification of the General Conditions
HEXAGONA expressly reserves the right to modify these Terms and Conditions without prior notice. Changes are not retroactive. You acknowledge and agree that it is your responsibility to carefully review the Services and these Terms and Conditions. Your continued use of these Services after such changes will constitute your acceptance of the changes to the Terms and Conditions, and you will be subject to the new Terms and Conditions.
5. Correct Use of the Services and Restrictions on Their Use
5.1 You hereby warrant and undertake to:
-Provide us with Content that: 1) does not show any image of third parties other than yourself, except with the consent of the third party(ies) in question, 2) does not reproduce any work created by third parties, except with the consent of the third parties in question, 3) does not reproduce any product, brand, trade name or other element protected by an industrial property right, of a third party, except with the consent of the latter, 4) does not show or reproduce any image of a minor, except in the case where the Content in question is presented by the father, mother, guardian or legal representative of said minor.
- Provide us with Content that does not infringe the rights (intellectual property rights, industrial property rights, image rights or privacy rights and all other rights) or interests of third parties, and that does not infringe any applicable regulations or legislation (whether international, Spanish or otherwise).
- Provide us with Content that does not contain any element that could be considered offensive or discriminatory (whether on the grounds of race, religion, sex, sexual orientation, political or union affiliation), illegal, threatening, slanderous, defamatory, obscene, pornographic, indecent or inappropriate for any reason whatsoever; that does not constitute or incite behavior that could be considered criminal or contrary to the law; that does not contain any element that is inappropriate or contrary to morality and public order; that does not have the deliberate aim of harming other users or that is not accompanied by defamatory or insulting comments towards HEXAGONA or any third party whatsoever.
- That the Contents do not contain or consist of any computer virus or worm, Trojan horse, commercial solicitation, chain email, mass emailing, any other form of spam and other unwanted elements such as, among others, codes or executable files that can be used to access, modify, delete or damage the system or computer equipment (software or hardware) of HEXAGONA or third parties, electronic documents and files stored in said systems or in said computer equipment.
6. Limitation of warranty and liability
6.1 You expressly accept responsibility and risk for your use of the Services.
6.2 HEXAGONA declines all responsibility for the content created, published or made available by users, within the limits provided by law.
6.3 Content appearing in the Media may include opinions, statements, and other content from third parties. While HEXAGONA undertakes to make every effort to ensure the quality of the Services and avoid any errors or inaccuracies in the Content, we accept no responsibility for the content of the information collected in the Media, nor for any opinions, comments, assessments, or other statements collected in said media that are not directly issued by HEXAGONA. We are also not required to review, monitor, or verify such content, its accuracy, or reliability, nor to guarantee that it complies with applicable legislation. Opinions, statements, or materials made available by third parties are not attributable to HEXAGONA but to said third parties, and HEXAGONA does not endorse such opinions, statements, or materials. In all cases, the person responsible for the Content is the person identified as having provided said content. You acknowledge and accept that we have no control over and disclaim all liability for any damages or losses, direct or indirect, incidental or consequential, that may result from the use – appropriate or inappropriate – by third parties of the information incorporated in the Media.
6.4 Similarly, HEXAGONA declines all responsibility for Content sent by the user when it is not actually aware of the illicit nature of the information stored or of the damage that such information could cause to the property or rights of a third party, which could be compensable. From the moment it becomes aware that it stores information such as that described above, HEXAGONA undertakes to exercise all reasonable diligence to remove it or block access to said information. 6.5 Similarly, HEXAGONA reserves the right to unilaterally remove Content hosted on a Media when it considers that it violates these general conditions, when there are elements indicating that the Content violates a legal provision, that it violates the rights of third parties, that it is considered harmful or that it is used for advertising purposes (spam), or when HEXAGONA deems it appropriate.
6.6 HEXAGONA reserves the right to interrupt the Services to carry out technical repairs, maintain equipment or improve its Services. 6.7 In all cases, the rights granted to users by the legislation in force remain guaranteed.
7. Intellectual and industrial property and transfer of rights to third parties
7.1 All intellectual and industrial property rights over the elements of the Gallery, such as, for example, texts, photos, graphics, images, icons, technology, software, links and audiovisual or sound content, as well as its graphics and source codes (excluding User Content) are the property of HEXAGONA or its assignees. Notwithstanding, none of the exploitation rights recognized by the law in force may be considered as assigned to the user.
7.2 Making the Content available to us for use in the Gallery or the Media implies the granting to HEXAGONA by you of a free, worldwide license, for the maximum duration provided by law and with the right of transfer to third parties, on all exploitation rights (intellectual and industrial property, as well as image, name, 5 including user on the social network, profile picture and any other nature), including the rights of reproduction, distribution, publication, transformation and making available, on all the Content cited, for commercial exploitation or advertising purposes, directly or through third parties, via all supports, media, formats and forms of exploitation, diffusion, publication or distribution – currently known or appearing in the future – such as, among others, the following:(a) Telecommunications networks: by the use of the Content on any global communication and/or digital data transmission network (wireless or wireless, or of any other type) by example, mobile telephone networks or the Internet, which includes both websites or web pages owned or controlled, directly or indirectly, by HEXAGONA as well as any other website ( in particular, www.spartoo.com, www.sarenza.com, www.laredoute.fr, www.3suisses.com, www.zalando.com, www.amazon.fr, etc. ), social interaction pages, blogs, personal profiles or others, whether or not under the control of HEXAGONA, as well as through the use of the Content for advertising purposes in and/or through digital media such as banners, newsletters or other online advertising spaces. (b) Points of sale, signage and digital media: by the total or partial insertion of the Contents by HEXAGONA or any authorized third party, on screens, television or computer monitors and similar devices, catalogs, brochures, posters, presentations, covers, displays, projections, shop windows, posters, inside and outside all points of sale or shopping centers and/or buildings that house the points of sale, on labels and on digital media or other promotional materials affixed or related to the sale of the Products at the Points of Sale. (c) Others: by the inclusion of the Contents (for informational purposes or any other legitimate purpose), by HEXAGONA or any other third party authorized by it, in news or reports published in newspapers, magazines or any other type of publication and/or written and/or digital media. For clarification purposes, pursuant to the foregoing, among other possible uses, HEXAGONA, directly or through third parties, is authorized to: (1) provide on the websites of the Points of Sale, including the website www.hexagona.com, tools (such as "sharing" tools) through which Internet users can reproduce, share or electronically link to the Contents, on or through the spaces and/or pages that such users may have on social networks (such as, for example, "YouTube", "Facebook", "Instagram" or "Flickr") and similar online social interaction services, and (2) allow the downloading for private purposes of the Contents by such Internet users.
8. Data protection
The personal data provided by users, including those that may be derived from the contents through the procedure described in these general conditions, will be used by HEXAGONA in its capacity as Data Controller, as well as by the companies appearing as owners of the websites in the different countries where the Service is developed, for the purpose of sharing them on the Internet, including, among other means, the websites of the 6 countries where HEXAGONA operates, social networks and other types of media used for the expansion of the brand. The user may at any time exercise their rights of access, rectification, deletion, limitation of processing and portability by clicking here , indicating in the subject of the message "Image" and their country. If necessary, we may request additional information in order to identify them as a user. If the user wishes to revoke their consent to the use of their image, they may do so using the content deletion procedure described in section 11 of these general conditions of use. If, once consent has been given, the user wishes to revoke it, they can do so by clicking here , describing the purpose of their request, as explained in section 11 of these general conditions. Likewise, the user may at any time request the removal of their Content in accordance with the terms set out in points 11 and 12 of these general conditions. Finally, we inform them that they can contact the Data Protection Officer for any questions relating to data protection by clicking here . They also have the right to file a complaint with the competent data protection supervisory authority: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm For more information on the use of your data, please consult HEXAGONA's privacy policy available at www.hexagona.com.
9. Confidentiality
During the validity period of these general conditions and for a period of two (2) years from the expiration of these general conditions, neither party may disclose the Confidential Information of the other party to third parties without the prior written consent of the latter. This excludes information that would be publicly known without either party having breached its obligations and that would have been: 1) developed independently, without having access to the Confidential Information of the other party, 2) received from a third party in a manner authorized by law, or 3) disclosed in accordance with the law, a judicial request or at the request of a competent authority. For these purposes, Confidential Information means any information of any nature and in any form, format or medium whatsoever concerning HEXAGONA whether this information is identified or classified as confidential or not.
10. Report abuse
If you consider that any of the content made available in the Media is offensive, inappropriate or infringes your rights under current legislation, you can report this content by clicking here . HEXAGONA may then proceed to study the veracity and provenance of your request and examine the material in question. It may, if necessary, contact you by email. It may remove the Content in case your request is accepted or make it appear. Finally, if you prefer, you can make any complaint related to the content appearing in the Media by clicking here . In this case, HEXAGONA will also study the veracity and provenance of your request, and examine the material in question.
11. Deletion of Content from the Gallery
You may request the removal of Gallery Content generated by you by clicking here and describing the purpose of your request. Please note that we will only use your email address if we deem it necessary to contact you to process your request.
The deletion of the Content will be carried out automatically upon receipt and processing of your request, although the material may remain visible for up to approximately 48 hours. Without prejudice to the foregoing, Content that is already publicly accessible on any type of social network due to the use made of it on said social network during the period that elapsed between the consent and the justified request for deletion of the Content, may remain in this situation indefinitely, although under no circumstances may new uses of said Content be undertaken.
12. Termination of Services
If you wish the Content you have generated not to be submitted for review and publication by HEXAGONA, you must 1) stop uploading the Content expressly mentioned on the official account of
HEXAGONA: @HexagonaParis for Facebook, @Hexagona_paris for Instagram, TikTok and Pinterest or by using the hashtag(s) #hexagona or #hexagonaparis or #clubhexagona, and 2) send an email with your request by clicking here . After receiving the communication, HEXAGONA will stop evaluating the selection of your Content.
13. Jurisdiction and applicable law
All disputes relating to the interpretation, compliance and validity of the general conditions between you and HEXAGONA will be governed by the clauses of said general conditions, or, if not provided for therein, by French law, each party expressly accepting the non-exclusive jurisdiction of the French courts.
If you are a consumer, your rights under applicable consumer law will not be affected by the provisions of this clause.
