PADDLECLIP

Preamble

The company “Accessoires S.U.P. Inc.” is a Quebec corporation established under the Quebec Business Corporations Act, with its head office located at 39 Rainbow Street, Gore, Quebec, J0V 1K0, Canada (hereinafter referred to as “Paddle Clip”).

Accessoires S.U.P. owns a registered trademark with the Canadian Intellectual Property Office, namely the Paddle Clip ™ trademark.

As its main business activities, Paddle Clip develops and provides its customers with products and accessories specialized in the paddle board industry.

Definitions

The terms beginning with a capital letter have the following meanings, whether used in singular or plural:

TOS: means these Terms of Service. Content: means, without limitation, editorial content, drawings, illustrations, images, photographs, graphic designs, trademarks, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio content, and any other content on the Website. Products: means all products and accessories sold by Paddle Clip, whether through its Website or other platforms and/or social media. Website: means the company’s proprietary website, www.paddleclip.ca. Company: means the company identified under the corporate name “Accessoires S.U.P. Inc.” User: means any person who accesses or uses the Website.

These TOS of the Application aim to define the terms of use of the Website by the User. By accessing or using the Website, as well as when purchasing any Products sold by Paddle Clip, you unconditionally accept, as a User, all the TOS defined below. If you do not wish to accept these TOS, we ask you not to access or otherwise use the Website.

Any visit and/or use of the Website, and any purchase of Products, must comply with these TOS. The Company reserves the right to modify these TOS at any time, in whole or in part, to adapt them to the Company’s business activities, technical and technological developments, legal or jurisprudential evolutions, or when implementing new services or offering Products. The applicable TOS for the User are those in effect on the date of access or use of the Website by the User, or those in effect at the time of purchase of a Product.

The Company therefore invites the User to regularly refer to the latest version of the TOS available on its Website.

These TOS constitute a contract between the User and the Company, expressly excluding any reference to an adhesion contract.

Subject

The Website has been set up by the Company to (i) offer its Products for sale to the public and (ii) facilitate communications and the transmission of information with consumers and clients.

Availability of the Website

The Website is accessible at all times, except in cases of force majeure or occurrence of events beyond the control of the Company, and subject to potential outages and maintenance interventions necessary for the proper functioning of the Website. Maintenance and/or updates may be carried out without prior notice to Users.

Access Conditions and Financial Terms

The equipment and other resources necessary for accessing and using the Website are the sole responsibility of the User.
To access and use the Website, the User must have:
A phone or computer allowing Internet browsing; and
Access to the Internet network.

Sale of Products

The Products sold by Paddle Clip are covered by the legal warranty applicable to such product sales. In case of breakage or dissatisfaction with the purchased Products, we invite you to contact us at contact@paddleclip.com and provide us with all relevant information, including: (i) your order number, (ii) your name and phone number, (iii) the alleged damages and/or any other information you wish to communicate to the Company.

In some cases, the Company may offer an additional warranty to cover the Products in case of breakage. In such a case, the nature and scope of this warranty will be more fully described at the time of purchase of such specific Product(s).

Rights, Obligations, and Responsibilities of the User

The User expressly agrees:

To refrain from using software or devices that may disrupt the proper functioning of the Website, nor to take actions that would impose an undue burden on the Company’s and Website’s infrastructure; and
Not to sell, rent, sublicense, or distribute Content in any way to a third party.

Rights, obligations, and responsibilities of the Publisher

The Company will make reasonable commercial efforts to ensure the proper functioning of the Website and undertakes to secure access, consultation, and use of the Website.
Furthermore, the Company undertakes to carry out or have maintenance interventions carried out as necessary to restore the proper functioning of the Website as quickly as possible in case of interruption.

Limitation and Exclusion of Liability

The Company’s liability cannot be engaged for risks accepted by the User. The Company cannot be held responsible in any case where one of the situations described below occurs, and the User expressly accepts such risks:

In case of failure, loss, delay, or error in data transmission that is beyond its control;
Damages of any kind, direct or indirect, resulting from the use or inability to use the Website, including any financial or commercial loss, loss of data especially in the User’s information system;
Damages of any kind caused to Users, their devices, computer and phone equipment, and the data stored therein, nor any resulting consequences on their personal, professional, or commercial activities;
Sending messages and/or data to a false, incorrect, or incomplete address;
If data does not reach it, for any reason, or if the data received is unreadable or impossible to process;
In the event that the User cannot access or use the Website, for any reason, especially during maintenance operations, updates, or technical improvements; or
If, for any reason, the connection to the Website is interrupted.

To the extent permitted by applicable law and to the extent that the Company is found liable for damage not anticipated above, the Company’s liability will be limited only to direct damages that are certain, real, and established, excluding any indirect, punitive, or consequential damages.

Geographical Limits and Geolocation

The Website can be accessed from any country as long as you have internet access and the necessary settings to access it, however, without any guarantee from the Company. That being said, the Company will not be held responsible for any breach of a law other than those laws and regulations applicable in Canada and/or in the province of Quebec. These terms are written in accordance with the laws and regulations applicable in Canada and the Province of Quebec.

In the event that the Company offers the User, through the Website or otherwise, a geolocation service, the use of this feature will require the prior express consent of the User to be geolocated.

Protection of Personal Data

To learn about the terms of the privacy policy and protection of personal data developed by the Company, the User is expressly invited to review such policy by accessing it through the Company’s Website.

Application Security

The Website is provided “as is” and “as available” without any warranties of any kind. Accessing and using the Website is at the User’s own risk.

Risk for the User

It is the User’s responsibility to take all appropriate measures to protect their own data and/or software stored on their hardware (phone, computer) against any harm (including but not limited to malfunction, viruses, hacking, etc.).

Application of the TOS (Terms of Service)

All the terms and conditions and other legal documents available on the Company’s Website are applicable to every User. The User is invited to carefully read, on each visit or use, the TOS which are accessible from the Website and which may be modified at any time, from time to time, and without prior notice from the Company.

Intellectual Property

The Company is the exclusive owner of all intellectual property rights related to the Website and its Content. Browsing or using the Website does not confer any rights to the User regarding the Company’s intellectual property rights.
All reproduction and representation rights are reserved, including for downloadable documents. All texts, graphics, icons, photographs, plans, logos, videos, sounds, trademarks, and more generally all elements composing the Website may not be subject to any representation, reproduction, exploitation, or extraction, in whole or in part, on any medium, without the express prior authorization of the Company.
The User expressly agrees that the use of the Website and its Content will not in any way infringe upon the Company’s intellectual property rights, and in particular, that this use will not constitute an act of counterfeiting, unfair competition, or parasitic use of the Content.

Division of the TOS for the mobile application

If a court of competent jurisdiction determines that any provision of these TOS is invalid, that provision shall be deleted without affecting the remainder of the TOS. The other provisions of these TOS shall remain valid and enforceable.

Recourse, Competent Jurisdiction, and Applicable Law in Case of Dispute

The form, effectiveness, and validity of these terms are governed by the laws of the User’s domicile (residential address or headquarters address).
Prior to any legal action, the Parties agree to attempt to mutually and in good faith agree on an amicable solution, within a period of thirty (20) days following written notification of such disagreement. Any claim must therefore be first submitted in writing to the Company’s customer service, at the following email address: contact@paddleclip.com.
If necessary, any dispute arising from these terms will be subject to the exclusive jurisdiction of the court of the judicial district in which the User has elected domicile, unless there are contrary imperative procedural rules.
These terms of use were updated on March 14, 2024.
For any questions regarding these terms, please contact customer service by sending an email to the following address: contact@paddleclip.com.
The Company undertakes to respond to any request within seventy-two (72) business hours.

POLICY ON PERSONAL INFORMATION PROTECTION AND CONFIDENTIALITY

This Privacy and Personal Information Protection Policy (hereinafter referred to as the “Policy”) has been developed in accordance with the requirements set forth in the Act modernizing legislative provisions concerning the protection of personal information and the Act respecting the protection of personal information in the private sector (hereinafter referred to as the “Act”), which applies to Quebec companies. This Policy aims to explain how the company identified under the corporate name Accessoires S.U.P. Inc. (hereinafter referred to as the “Company”) collects, uses, stores, discloses, destroys, and protects the personal information of its customers and users (hereinafter referred to as “Users”), when these individuals provide such personal information to the Company through (i) its website (www.paddleclip.ca) (hereinafter referred to as the “Website”) and/or otherwise. The Company hereby undertakes to respect the confidentiality and security of Users’ personal information in compliance with applicable legislation, including the Act.

Context

Accessoires S.U.P. Inc. is a corporation incorporated under the Quebec Business Corporations Act that processes certain personal information of Users in the course of its business activities in Canada.

Acceptance of this Policy

By proceeding to purchase a product through the Website or when attempting to contact the Company through the Website’s contact form or otherwise, the User consents to the collection and use of their personal information in accordance with the provisions set forth below.

In case of non-acceptance of this Policy, the User must refrain from purchasing a product from the Website and must cease using it.

The Company reserves the right to unilaterally and at any time modify the content of this Policy, particularly to comply with applicable laws and regulations, or as a result of a change in the nature of its activities.

Application and Definitions

This Policy applies to the Company, which notably includes its directors, officers, employees, consultants, interns, subcontractors, as well as any person who otherwise provides services on behalf of the Company. It also applies with respect to the Website.

The Policy aims and applies to all types of personal information collected by the Company through its Website, as well as to any other personal information received in the context of any other contractual agreement between the User and the Company, or between any concerned person and the Company.

For the purposes of this Policy, personal information is information that relates to an individual and that directly or indirectly allows for their identification.

Consent

Through its Website, the Company may collect certain personal information about the User, with their express consent. This consent is obtained implicitly when the individual decides to provide information about themselves through the Website.

Collection of Personal Information

Website

If the User agrees to the use of optional cookies when accessing the Website, the information collected is anonymized (meaning it does not allow for the identification of the User) and used for statistical and performance purposes only (for example, to measure Website traffic).

The User can choose not to be tracked by optional cookies by customizing their preferences or by clicking “Decline” at the entry to the Website.

The Company may collect personal information about the User through its Website, for example, through the contact form voluntarily filled out by the User, or resulting from the purchase of a product available on the Website, without limitation. This information may include, but is not limited to, name, email, phone number, and other data if necessary for the provision of services offered by the Company.

Internally

The Company collects certain personal information internally only, through the following means:

In person at the Company’s establishment (verbally or through a form);
by phone; or
by email (directly or through an attached document or other type of form).
The Company also collects certain information regarding any payment made by a User, such as the name of the bank, the payment method, or other financial information. Additionally, the Company may use a reputable payment processing service provider, which collects payment information and processes payments made to the Company. The payment processing service provider only transmits limited information about your payment card to the Company, such as the last four digits and expiration date.
Please note that the Company does not offer any services specifically intended for minors, and generally, the Company does not intentionally obtain personal information about minors.

Use of Personal Information

On the Website

Cookies are used exclusively by the Company for the purpose of (i) responding to User requests, (ii) personalizing their browsing experience on the Website (for example, for language choice), (iii) compiling visit statistics, (iv) securing the contact form, (v) enabling video playback, and finally (vi) complying with legal obligations.

In certain cases provided for by applicable laws, the Company may use the information for secondary purposes without the User’s consent, for example:

when such use is clearly to the benefit of the User;
when it is necessary to prevent or detect fraud; or
when it is necessary to assess or improve protection and security measures.

Specifically, the Company collects personal information from Users, notably for the purpose of providing them with products and services that meet their expectations, and for the purpose of completing a sale concerning such products. In the context of such activities, the Company may collect personal information from the User including their name, residential address, phone number, email address, various financial information, and any other information necessary for the provision of services or sale of products offered by the Company.

Communication outside of Quebec and Canada: The Company does not intend to disclose certain personal information outside of Quebec and Canada in the course of its business activities.

Disclosure of Personal Information

The Company does not disclose the personal information of its Users to third parties unless it has obtained the express consent of the individual concerned beforehand.

Internally, a confidentiality and non-disclosure agreement is signed with employees and any other individuals who may have access to personal information in the course of their duties.

In cases where service providers, business partners, or legal authorities may have access to certain personal information during the provision of their services, the Company ensures that these third parties respect the confidentiality and security of User information through a confidentiality and non-disclosure agreement.

Retention and Destruction of Personal Information

On the Website

The Company does not store personal information directly on its Website or in a database linked to the Website, except for contact forms filled out by a User.

Accepted cookies are only stored for the time required to generate statistical reports and are stored through third parties (for example, Google) and not on the Website.

Internally

The Company will only retain personal information of Users for the duration necessary to fulfill the purposes for which they were collected.

Any destruction of personal information by the Company will be done securely, and this will be done annually to ensure the protection of such information.

Responsibility of Accessoires S.U.P. Inc.

The Company is responsible for protecting the personal information it obtains and collects through its Website or otherwise.

The person responsible for the protection of personal information at the Company is tasked with ensuring compliance with applicable legislation regarding the protection of personal information.

Members of the Company’s staff who have access to personal information or are otherwise involved in its management must ensure its protection and adhere to this Policy. Additionally, the Company commits to granting access to such personal information only to staff members who need access as part of their role.

Responsibilities of the Website User

To benefit from maximum security, the Company recommends that the User:

Use the latest version of a browser that meets security requirements.
Clear the cache memory of their computer after transmitting data.
Keep their identification data, access codes, and passwords confidential.

The Company cannot be held responsible for unauthorized use of these credentials unless it results from a fault on its part. If the confidentiality of certain personal information is compromised and you become aware of it, please notify the Company immediately to avoid, among other things, fraudulent use of your identity.

Security of Personal Information

The Company implements appropriate security measures to protect the personal information of its Users against unauthorized access, misuse, disclosure, or alteration.

The Company reminds you that email transmission of information is not completely secure. Therefore, it is not recommended to disclose personal and confidential information such as a social insurance number via email.

Email messages are treated with the same confidentiality measures as mail received by post. If the User transmits personal information via email, through an insecure online form, or by subscribing to a mailing list (in which case the Company will assume implicit consent), it should be noted that:

• The Company will only use the information required to respond to the User’s request and follow up on it.
• This information is stored and then destroyed in accordance with the requirements of applicable laws and regulations.
• The transmitted information will not be used to create user profiles.
• The Company will only transmit this information to another organization if the request is directed to that organization or if such communication is required or permitted by law.
• The Company will not disclose any information to a private organization without obtaining the express consent of the individual concerned.

As part of its internal management, the Company ensures constraints are imposed on the rights to use its information systems so that only employees or individuals who need access are authorized to do so. A password access revocation rule is in place for any person leaving the organization. This revocation must occur within 7 days of the person’s departure.

The Company’s computer equipment is protected by antivirus software.

In the case of external service providers, they must sign a confidentiality and non-disclosure agreement with the Company if the tasks to be performed by them include accessing certain personal information during the contract period. These service providers may include, but are not limited to: a social media management company, a web programmer who needs to install a new management system, a computer hardware repairer, etc.

The Company’s confidentiality and non-disclosure agreements describe the measures that service providers must take to ensure the confidentiality of the personal information communicated to them, that the use of this information is only for the purpose of executing the contract, and that they cannot retain this information after the expiration or termination of the contract between such provider and the Company.

Furthermore, this agreement stipulates that service providers must notify the person responsible for the protection of personal information appointed by the Company of any breach or attempted breach of confidentiality obligations regarding the personal information communicated, and must allow this person to conduct any necessary verification.

User Rights

The User has the right to access, correct, delete, restrict the processing of, and withdraw consent for their personal information at any time. The User also has the right to object to the processing of their information for direct marketing purposes.

To exercise these rights, the concerned User must submit a written request to the person responsible for the protection of personal information of the Company, at the email address indicated in section 15.

Complaint Handling Process

Reception: Any User wishing to file a complaint regarding the application of this Policy or, more generally, the protection of their personal information by the Company, must do so in writing by addressing it to the person responsible for personal information protection at the Company, at the email address indicated in Section 15.

The User must provide their name, contact information including a phone number, as well as the subject and reasons for their complaint, while providing sufficient details for the complaint to be evaluated and processed by the Company. If the complaint is not specific enough, the person responsible for personal information protection may request additional information deemed necessary to evaluate and process the complaint.

Processing: The Company undertakes to process any complaint received confidentially, within 20 days of receiving the complaint OR receiving all additional information deemed necessary and required to process it. The person responsible for personal information protection must assess the complaint and provide a written response via email to the complainant.

Applicable Laws

These terms are governed and interpreted in accordance with the laws of the province of Quebec, Canada.

Person responsible for the protection of personal information:

Attn: Michael Fenech Francoeur
Accessoires S.U.P. inc. (Paddle Clip)
39 Rainbow Street, Gore, Quebec, J0V 1K0 Canada
contact@paddleclip.com

For any requests, questions, or comments regarding this Policy, please contact the responsible person via email or by sending your request by mail to the above address.

Policy Changes

The Company may update this Policy from time to time to reflect changes in its personal information protection practices. If so, the Company will inform the User of any substantial changes, as well as their effective date, by sending an email to such User.

Information about the technologies used.

Automatically exchanged data.

When accessing this website, there is an automatic exchange of information between the User’s computer and the server hosting this website.

No information that allows the User’s identity to be known is directly associated with these files. However, the IP address of the person is saved. An IP address is considered personal information since it is an identifier but can only be linked to a User with the intervention of an external service provider.

The exchanged information is as follows:

The exchanged information includes:

• The domain name of the User’s Internet service provider (e.g., videotron.ca) and their IP address (e.g., 123.45.67.890). Generally, an IP address is a unique number assigned to the User by their Internet service provider, enabling them to connect to the Internet and route information intended for them. This unique number is automatically logged by web servers.
• The type of browser and operating system used by the User.
• The date and time when the User accesses the Website.
• The pages visited and the duration of those visits.
• If the User accesses the Website from another site, the address of that site (referring site).

This information exchange is necessary due to the technological requirements inherent in Internet browsing.

This information is only retained for statistical purposes related to the Website, such as counting the number of visitors, the most visited pages, the technology used by visitors, referring sites, and the country of origin of Internet users.

Cookies

Cookies are used to facilitate navigation through the various pages of the website. Cookies are small text files that are downloaded into a user’s cache memory when visiting the website. The website uses these cookies to personalize page display, provide technical functionalities, and collect certain usage statistics of the website.

The website uses login cookies, including:

to remember user settings and preferences, such as language choice and to enable tracking of the current session; and
for statistical purposes to understand visitor behavior, viewed content, and to improve the website.

Other technological means used

The Company also collects personal information voluntarily through forms integrated into its Website (for example, the contact form).

This Policy was last updated on March 14, 2024.