PRIVACY POLICY

This site which is accessible via the URL https://www.alphawhipgear.com/ (the “Site”) is the property of ALPHA WHIP GEAR, a company governed by the law of the United States with a capital of $50M entered in the trade and companies’ register of The Hague under number 27322651, whose registered offices are located in Strawinskylaan 1431, 1077 XX Amsterdam, the Netherlands, and  liable for VAT in the United Kingdom under number GB 922 9835 00 and in the USA at 12697 Bissonnet St, Houston, TX 77099, USA (email: info@alphawhipgear.com, telephone : +1 (209) 312 7857 ).

The site publication manager is NARA ALEXIS in his capacity as General Manager.

To exercise your rights concerning your personal data or if you have any questions about them, you can contact our data protection officer at the following address: dpo@alphawhipgear.com.

The site is hosted by ZeroGravity entered in the trade and companies’ register of Paris under n° 33248402100107 whose registered offices are located at 19 rue Alphonse de Neuville, 75017 Paris, France.

The User acknowledges that he/she has consulted this confidentiality policy and undertakes to respect it.

Alpha Whip Gear places a great deal of importance on the protection of privacy and personal data.

Alpha Whip Gear makes every effort to respect the rights of the data subjects concerned by its processing of personal data in accordance with US Regulation 2016/679 on Data Protection referred to as the GDPR regulation and the French Data Protection Act No. 78-17 and the instructions from the Commission Nationale de l’Informatique et des Libertés (CNIL) and the European Data Protection Board (EDPB).

In accordance with the European regulation 2016/679 of 26 April 2016 and the amended French Data Protection act of 6 January 1978, Alpha Whip Gear has made strong commitments to data subjects.

It should be pointed out that all the data collected on the Site is recorded by Alpha Whip Gear in its capacity as data controller.

• • 1. Purposes of processing

Each personal data processing operation must have a specific purpose.

Alpha Whip Gear therefore describes the purposes of its personal data processing in this table:

All data is collected specifically for the explicit purposes outlined on the page of the Site on which the data is collected. It should be pointed out in this context that:

• • • With regard to the sale of items, the purposes of the collection and processing of data are (i) fraud prevention, contractualisation, monitoring and implementation of contracts taken out and (ii) the improvement of products or services / after-sales satisfaction surveys. The legal basis for this processing is the performance of a contract (Article 6.1.b of the European Regulation);
    • If you have specifically accepted this, prospecting by our business partners is an additional purpose. The legal basis for this data processing is consent (Article 6.1.a of the European Regulation);
    • With regard to the creation and management of the account, the purposes of the collection and processing of data are (i) the creation and management of your accounts and (ii) the improvement of products or services. The legal basis for this processing is the performance of a contract (Article 6.1.b of the European Regulation);

In accordance with the applicable regulations, Alpha Whip Gear reserves the right to canvas you in order to propose products and services which are similar to those already subscribed for. In the event of canvassing or prospecting, you may unsubscribe from prospecting at any time by clicking on a simple link at the end of your emails.

Alpha Whip Gear reserves the right to create the means for additional and/or complementary collection. In this context, Alpha Whip Gear will specify the purposes of the data processing concerned on the data collection page in accordance with the regulations.

Alpha Whip Gear will not make any totally automated decisions on the basis of your personal data.

• • 2. Processing recipients

There are several types of data recipient:

• • • Alpha Whip Gear teams,
    • Sub-contractors and partners involved in performing the processing concerned (sellers of tyres or accessories for example),
    • The members of the PNEUS ONLINE SUISSE SARL group, and
    • If you have specifically accepted this, Alpha Whip Gear trading partners (you can access the list of these trading partners here).

These categories of recipient may be supplemented, if applicable, with specific categories for each type of processing referred to in the information provided on the data collection page.

Personal data is transmitted to recipients (irrespective of their legal nature, whether they are subcontractors, data controllers or simple recipients) in a secure manner on the basis of an agreement between Alpha Whip Gear and each recipient. Alpha Whip Gear undertakes to ensure that each recipient is aware of the guidelines for the protection of personal data and is governed by the latter according to the law and/or a specific contract.

Oneytrust processes data related to your operation so as to secure the transactions carried out on the website. Learn more about Oneytrust’s management of your data and your rights.

• • 3. Retention of your data

Alpha Whip Gear will do its utmost to store your personal data in a country which guarantees a suitable level of protection in line with the legal level of protection provided by European Union law. Alpha Whip Gear has taken out all the necessary guarantees in this context in terms of complying with the regulations on the protection of privacy and personal data by signing the European Commission’s standard clauses with the subcontractor hosting your personal data. Your personal data will therefore be stored securely by Alpha Whip Gear in accordance with the regulations. Your personal data will therefore be stored securely in Europe and in Switzerland by Alpha Whip Gear in accordance with the regulations.

The retention periods applied by Alpha Whip Gear comply with the regulations in force in France on the date of this document, namely:

• • • For data relating to the creation of an account (for consumers only) which has never resulted in a purchase, a period of 6 months from the creation of the account.
    • For data relating to the creation of an account (for professionals only) which has never resulted in a purchase, a period of 12 months from the creation of the account.
    • for data relating to an account which has resulted in a purchase, a period of 10 years from the date of the last purchase
    • For order data (product concerned, billing address, delivery address, order administration data), at the end of the 10th financial year following the order

Alpha Whip Gear reserves the right to create the means for additional and/or complementary collection that comply with statutory obligations. In this context, Alpha Whip Gear will specify the retention periods for the data processing concerned on the data collection page in accordance with the regulations.

Your consent will be collected if necessary.

• • 4. Your rights

You have the following rights:

• • • Right to access your personal data;
    • Right to rectify your personal data if it is inaccurate or incomplete;
    • Right to restrict processing under the conditions referred to in Article 18 of the European GDPR Regulation;
    • Right to delete your personal data if:
      • They are no longer necessary for the purposes for which they have been collected or otherwise processed;
      • You withdraw your consent for processing that requires such consent (e.g. commercial prospecting);
      • You object to the processing on valid grounds.
      • The data have been processed unlawfully; or
      • A law so requires;
      • If the processing of personal data is based on consent.
    • Right to object on legitimate grounds,
    • Right to portability of your data,
    • The right to give instructions on the fate of your personal data after your death and,
    • For consent-based processing, the right to withdraw your consent at any time
  • 5. Contact information

In the event of a claim, you may contact the ICO (www.ico.org.uk).

You can report a complaint or an issue on www.ofcom.org.uk/complain-to-ofcom

This policy applies to the cookies and other technological systems associated with the digital services published by Alpha Whip Gear which can be accessed by users via their television, computer, smartphone or other mobile terminal.

Users are informed that a cookie may automatically be installed on their browser software when they visit the site. A cookie is a data block which does not identify users but is used to record information relating to their browsing activities on the site.

Cookies are protected and can only store information which is provided by the browser, which the user has previously entered in the browser or which is included in page requests.

There are different types of cookies whose uses and content vary and which may be temporary or persistent:

• Temporary cookies contain information which is used during your browsing session. These cookies are automatically deleted when you close your browser. Nothing is kept on your computer after you have finished browsing.
• Persistent cookies store information which is used between visits. This data enables sites to recognise that you are a returning customer and it adapts accordingly. Persistent cookies have a long-term value which is defined by the site and which may vary from a few minutes to several years.

Different types of cookies may exist depending on the URL and the Site pages:

USER SESSION COOKIES

User session cookies record the information which you entered in our forms when registering for one of our services. They are used to identify you when you connect to one of our services and allow you to access your personal area, personal information such as your name and address and the brand and type of Alpha Whip Gear material used and to view your authorised content. These cookies are necessary and cannot be deactivated in the parameters console.

AUDIENCE METRICS AND STATISTICS COOKIES

Audience metrics cookies generate statistics relating to the numbers of visits and the use of our services. Statistics can therefore be collected relating to site visits, displayed content and pages and advertisements in our spaces. These statistics enhance the relevance and ergonomics of our services and help to monitor the invoices of third party advertisers of our services by recording the total number of advertisements displayed. The deactivation of these cookies prevents us from monitoring and improving the quality of our services. These cookies can be configured in the parameters console and via the link in the “Configure My Cookies” footer.

These cookies are exempt from your consent to the extent that (in accordance with section 82 of the French Data Protection Act) they:

• Have a purpose strictly limited to measuring the audience of the site;
• Are used to produce anonymous statistical data only.
• Do not lead to cross-referencing of data with other processing operations or to the data being sent to third parties;
• Do not allow global tracking of your browsing.

AT Internet cookies are exempt from the need to obtain consent, as stated in the CNIL Order No. 2020-091, to the extent that they are for the exclusive purpose of measuring the audience on our site and producing anonymous audience statistics. You have the right to oppose this cookie from being placed by checking the box below but please note that we will no longer be able to measure and improve our sites in the best way possible:
Opt Out

COOKIES ENABLING THE DISPLAY OF TARGETED CONTENT AND ADVERTISING

The cookies used to display relevant advertisements and content are created by us or by third parties (advertiser or advertising department). They enable us to adapt our advertising spaces to your presentation preferences and interests and to provide you with content which is likely to interest you.
These cookies can be configured in the parameters console and via the link in the “Configure My Cookies” footer.

SOCIAL MEDIA SHARING COOKIES

Cookie files may be stored on your terminal by social networking sites so that the content of our services can be shared. These social networking sites are presented by our service in the form of buttons which allow these social networks to identify you as you browse our services or share the content of our services if you so wish.
We do not monitor these cookies and the data collected by the social networks which operate on their own behalf. Further information on these applications and their purposes can be obtained from the privacy policies specific to each social networking site:

• Facebook
• Twitter

These cookies can be configured in the parameters console and via the link in the “Configure My Cookies” footer

Alpha Whip Gear cooperates with partners who create third-party cookies which are used by advertisers on other sites to propose appropriate, relevant advertisements based on your browsing history. These cookies do not store personal information enabling other sites to identify you but are simply based on browsing history. The list of our partners using cookies can be seen at the following link and you can object to the placing of cookies in the parameters console or via the link “Configure my cookies”.

• • 1. Collecting cookies

Alpha Whip Gear may introduce a cookie in order to guarantee optimum browsing on this site and to improve the functioning of the different interfaces and applications. These are internal and necessary cookies.

Alpha Whip Gear reserves the right to collect the public IP address. The IP address will be retained for the same duration as the cookies and is only intended to allow for the effective administration of the services proposed on the site.

• • 2. Cookies used

• • 3. Deactivation and removal of cookies

These cookies are intended to be kept for a variable period of up to 13 months and may be read and used by Pneus Online in the context of a subsequent site visit.

All Web browsers allow you to limit the behaviour of cookies or deactivate them under the browser’s settings or options. The steps to be taken differ for each browser; instructions can be found in the “Help” menu of your browser.

You can also consult the cookies present on your computer and accept them all, refuse them all or select them service by service.

Cookies are text files which means that you can open them and read their content. The data inside them is often encrypted and corresponds to a Web session, which means that they are only relevant to the Website for which they were written.

The User acknowledges that he/she has been clearly informed of the fact that his/her agreement concerning the content of these General Terms and Conditions does not require the handwritten signing of this document but is based simply on site visits. These General Terms and Conditions supplement the General Terms and Conditions of Sale of Pneus Online where applicable.

• • Obligations / Responsibility of the User

The User must refrain notably from:

• • • passing on information which:
    • is false, inaccurate, misleading;
    • is slanderous, malicious or libellous;
    • infringes on copyright, patent rights, trademark rights, manufacturing secretes, intellectual property rights, disclosure rights or the privacy of third parties;
    • violates the law;
    • contains viruses, Trojan Horses, worms, time bombs, “cancelbots” or any other computer program intended to damage or secretly intercept a computer system, personal data or information;
    • attempts to mislead other users by usurping an identity or company name or by violating the image or reputation of other parties and/or by posing as a third party, employee, authorised service or affiliate of Pneus Online;
    • disrupts, slows down, blocks or alters the normal flow of data exchanged via the Site;
    • fraudulently accesses, secures, harms or disrupts the information systems of Pneus Online in particular its servers and networks connected to the Site or refuses to comply with the required conditions, procedures, general rules or statutory provisions applying to the networks.

The User undertakes to comply with the relevant legal provisions applying to the information circulating on the Internet and/or the Site and to bear sole responsibility for the infringement of third-party rights stemming from the use of the Site. The User is the sole judge of his/her legal, contractual and/or judicial capacity to access and/or use the Site. In this context, the User acknowledges that he/she will not violate any legal, contractual or statutory provisions by using the Site. The User undertakes to use the Site and the Services for purposes which comply with public order, public safety and standard practice and in all events will bear sole responsibility for any infringements of public order, public safety and standard practice which could stem from his/her use of the Site.
The User shall guarantee Pneus Online in general terms against any complaints, legal action and/or claims arising in this context and undertakes personally to cover all amounts, compensation, costs, legal fees and expenses which may be incurred by Pneus Online.

• • Copyright

The general structure as well as the software, texts, animated or still images, sound, know-how, etc. and all the other elements constituting the Site are the exclusive property of Pneus Online or its partners.

The total or partial representation of this Site is prohibited without the specific authorisation of the Site operator and constitutes forgery which is sanctioned under Articles L. 335-2 et seq of the intellectual property code.

The trademarks of Pneus Online and its partners as well as the logos featuring on the Site may or may not be semi-figurative and are registered. The total or partial reproduction of these trademarks or logos carried out on the basis of Site elements without the specific authorisation of the Website operator is therefore prohibited according to Article L.713-2 of the intellectual property code.

These General Terms and Conditions do not in any way assign intellectual property rights concerning elements belonging to Pneus Online or its beneficiaries such as sound, videos, photographs, images, literary texts, artistic works, software, trademarks, graphic standards or logos for the benefit of the User. Any other type of use which has not been specifically authorised beforehand by Pneus Online in writing is prohibited and constitutes forgery

• • Liability

The Site and its content are provided “as is” without any guarantees particularly in terms of future performance. Pneus Online excludes all guarantees within the limits provided for by law. In this context, Pneus Online cannot under any circumstances guarantee that the Site will be accessible at all times without error and/or will not contain any defects. It should be pointed out in this respect that access to the Site may be temporarily suspended due to (i) hardware and/or software maintenance on the Site server and/or (ii) hardware, software and/or editorial maintenance of the Site and/or (iii) the occurrence of a force majeure event. The temporary or permanent unavailability of the Site cannot under any circumstances give rise to a claim for damages or any other form of compensation.

It should be pointed out that (i) the transmission of data on the Internet is limited in terms of reliability as it circulates via diverse networks with different characteristics and capacities which are sometimes saturated at certain times of day which could affect download times and data accessibility, (ii) the Internet is an open network and the information transmitted is therefore not protected against risks of misappropriation, intrusion in your system, piracy of system data, programs and files, contamination by computer viruses and (iii) it is up to the User to take the necessary steps to protect his/her system and content against contamination from viruses and attempted intrusions. Pneus Online can therefore not be held responsible for any damage stemming from the access, use and/or unavailability of the Site and in particular for any loss of data/programs, contamination by viruses, financial and/or commercial harm and/or loss of image. In all events and within the limits provided for by law, the liability of Pneus Online may only be invoked in the event of a proven fault within a period of 12 months from the occurrence of the generating event and shall be limited to the total amount collected by Pneus Online for services over the past 12 months. Pneus Online reserves the right to carry out maintenance work and updates during which the products and services will not be available. Pneus Online notably reserves the right to add or remove functionalities, to alter the layout of the tool and to insert promotional or other links

• • Applicable law

These General Terms and Conditions are governed by the law of the United Kingdom.

• • Entirety

These General Terms and Conditions represent all the obligations of the parties. However, they may be supplemented and/or amended by any additional text concluded between the Parties relating specifically to these General Terms and Conditions.

No general or specific term communicated by the User shall be incorporated in these General Terms and Conditions.

© Pneus Online – July 2021

Pneus Online partner list:

• Pneus Online internal management tools
• Insurer computer tool (API)
• Ecritel
• Zendesk
• TrustPilot
• Retarus
• Target 2 Sell
• Awin
• Online websites
• Google
• Microsoft
• Banks
• Accounting firm
• Third-party messaging
• Oney Trust
• CRIF
• Boniversum
• Forwarder
• Suppliers
• Carriers
• Datadome;
• Network logs
• Application serversinfo