CONFIDENTIALITY POLICY
Last updated on 13/01/2025.
PREAMBULA
This Privacy Policy informs you of how Underdog Club uses and protects the information you provide to us when you use this site accessible from the following URL: underdogclub.myshopify.com (hereinafter the «Site»).
Please note that this privacy policy may be modified or supplemented at any time by Underdog Club, in particular to comply with any legal or technological changes. In such a case, the date of its update will be clearly identified at the top of this policy. These changes are binding on the user as soon as they have been informed of the updated privacy policy and have accepted it.
ARTICLE 1. PARTIES
This privacy policy is applicable between the publisher of the Site, hereinafter «the Publisher»,
and any person connecting to the Site, hereinafter «the User».
ARTICLE 2. DEFINITIONS
«Content of the Site»: elements of any kind published on the Site, protected or not by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
«Publisher»: Underdog Club, Auto-entrepreneur taken in his capacity as publisher of the Site. «User»: any person connecting to the Site.
«Site»: website accessible at the URL underdogclub.myshopify.com, as well as the sub-sites, mirror sites, portals and URL variations related thereto.
ARTICLE 3. SCOPE
This privacy policy is applicable to any User. Clicking on «I accept» when you register on the Site will constitute your full acceptance of it. Similarly, clicking on «I accept» in the cookie information banner displayed on the Site confirms your acceptance, while allowing you to customize the cookies that will be applied to you or not. You also acknowledge that you have read them fully and accept them without restriction.
The User acknowledges the value of proof of the Publisher’s automatic registration systems and, except for him to provide proof to the contrary, he renounces to dispute them in case of dispute.
Acceptance of this Privacy Policy implies that Users have the necessary legal capacity to do so or that they are at least 16 years old, or if they are unable to do so, they have the permission of a tutor or curator, their legal representative if they are under the age of 16, or they hold a mandate if they act on behalf of a legal person.
ARTICLE 4. PERSONAL DATA
In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on 14 April 2016 and current national legislation, the Publisher provides you with the following information:
4.1. Identity of the controller
The responsible for the collection and processing of data on the Site is Underdog Club, Auto-entrepreneur, whose registered office is 61 Rue des Morillons, 75015 Paris, FR 912662525.
4.2. Data collection by the Publisher
4.2.1. Data collected
4.2.1.1 Data collected when browsing the Site
When browsing the Site, you consent to the Publisher collecting information relating to: the content you view and click on; demographic data; the device used and its software environment; your location; to your connection data (hours, IP address...).
4.2.1.2. Data collected when using the contact form or contact email address
The use of the contact form or email address by the User implies the collection by the Publisher of the following personal data: name, first name, email address*, telephone number.
Personal data followed by an asterisk is mandatory for the use of the contact form. Users who do not wish to provide the information required for the use of the contact form will not be able to send a message to the Editor directly from the Site.
4.2.1.3. Data collected when registering on the Site
The use of the registration form by the User implies the collection by the Publisher of the following personal data: name*, first name*, postal address*, email address*, date of birth, telephone number.
Personal data followed by an asterisk are mandatory for registration on the Site. Users who do not wish to provide the information required for the use of the registration form will not be able to register directly from the Site.
4.2.1.4. Data collected when using the newsletter form
As part of the use of the newsletter form, the Publisher may collect and process: your email address.
4.2.2. Purposes of collecting personal data
The data collected during navigation is subject to automated processing with the purpose of:
Verify the identity of individuals;
Ensure and improve the security of services;
Develop, operate, improve, provide and manage the Site;
Contextualize and improve the User experience;
Send information and contact people, including by email; Target advertising content;
Avoid any illegal or illegal activity;
Enforce the conditions relating to the use of the Site.
The data collected when using the contact form or the contact email address are subject to automated processing with the purpose of:
Verify the identity of individuals;
Ensure and improve the security of services;
Contextualize and improve the User experience;
Send information and contact people, including by email; Target advertising content;
Avoid any illegal or illegal activity.
The data collected during registration are subject to automated processing for the purpose of:
Execute its contractual commitments;
Verify the identity of individuals;
Ensure and improve the security of services;
Develop, operate, improve, provide and manage the Site;
Contextualize and improve the User experience;
Send information and contact people, including by e-mail; Avoid any illegal or illegal activity;
Enforce the conditions relating to the use of the Site.
The data collected when using the newsletter form is subject to automated processing with the purpose of: sending newsletters to the User.
4.2.3. Legal basis for processing
The data collected during navigation have as legal basis the legitimate interest of the Publisher, namely to carry out an analysis of the behaviors on the Site and obtain an improved security and operation of the Site. Some of these data, such as those resulting from the implementation of certain cookies, may have as a legal basis the consent of individuals.
The data collected when using the contact form or using the contact email address are legally based on the consent of the data subjects.
The data collected at the time of registration have as legal basis a contractual relationship.
The data collected during the use of the newsletter form are legally based on the consent of the data subjects.
4.2.4. Recipients of data
The data collected can only be consulted by the members of the Editor’s management, by the staff in charge of the preparation of your order as well as by the staff in charge of the management of the Site, and are never made freely viewable by a third natural person.
4.2.5. Duration of retention of personal data
The personal data collected during browsing is kept for a reasonable period necessary for the proper administration of the Site and for a maximum of 12 months, or until the withdrawal of consent of the data subjects.
The personal data collected when using the contact form or when sending to the contact email address are kept for a reasonable period necessary for the proper management of the User’s request, and for a maximum of 12 months.
The data collected during registration are kept for the duration of the contractual relationship between the Publisher and the User.
The data collected during the use of the newsletter form is kept until the withdrawal of the consent of the data subjects.
At the end of each of these deadlines, the Publisher will archive these data and keep them for as long as its responsibility may be questioned.
After this retention period, the Publisher undertakes to permanently delete the data of the data subjects.
4.2.6. Security and confidentiality of personal data
Personal data are stored under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and national legislation in force.
4.2.7. Minimizing Personal Data
The Publisher may also collect and process any data voluntarily transmitted by a User, in particular via the free field of the contact form.
The Publisher directs Users as much as possible when they provide unnecessary or superfluous personal data.
The Publisher undertakes to keep and process only the data strictly necessary for its activities, and will delete any data received that is not useful as soon as possible.
4.3. Respect for Rights
You have the following rights regarding your personal data, which you can exercise by writing to us at our postal address or by sending an email to underdogclubclothing@gmail.com.
4.3.1. Right of Information, Access and Disclosure
You have the possibility to access the personal data concerning you.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, your request will only be processed if you provide proof of your identity, notably by producing a scan of your valid identity document (in case of request by email) or a signed photocopy of your valid identity document (in case of request sent in writing), both accompanied by the mention “I hereby certify that the copy of this identification is true to the original. Done at ... on ... ” followed by your signature.
To help you in your process, you will find here a letter template developed by the CNIL.
4.3.2. Right of rectification, deletion and right to be forgotten
You have the possibility to request the rectification, updating, locking or erasure of your personal data, which may be inaccurate, erroneous, incomplete or obsolete.
You can also define general and specific guidelines regarding the fate of personal data after your death. If necessary, the heirs of a deceased person may require to take into account the death of their loved one and/or to make the necessary updates.
To help you in your process, you will find here a letter template developed by the Cnil. 4.3.3. Right to object to data processing
You may object to the processing of your personal data.
To do so, please send an email to underdogclubclothing@gmail.com. In this email, you will have to specify the data you want to delete and the reasons justifying this request, except in the case of commercial prospecting.
4.3.4. Right to data portability
You have the right to receive the personal data you have provided to us in a transferable, open and readable format.
4.3.5. Right to limitation of processing
You have the right to request that the processing of your personal data by the Publisher be limited. Thus, your data can only be kept and no longer used by the Publisher.
4.3.6. Withdrawal of consent
Your consent is essential for the Publisher to process your data. However, you may withdraw it at any time. This withdrawal will lead to the deletion of your personal data.
However, services requiring the Publisher to process your data will no longer be accessible.
4.3.7. Response Times
The Publisher undertakes to respond to your request for access, rectification or opposition or any other additional request for information within a reasonable period that may not exceed 1 month from receipt of your request.
4.3.8. Complaint to Competent Authority
If you believe that the Publisher is not complying with its obligations with respect to your personal information, you may submit a complaint or request to the competent authority. In France, the competent authority is the CNIL to which you can send a request here.
4.4. Transfer of collected data
4.4.1. Transfer to Partners
The Publisher informs you that we use authorised service providers to facilitate the collection and processing of the data you have communicated to us. These providers may be located outside the European Union and have provided data collected on the Site.
The Publisher has previously ensured that its service providers have implemented adequate guarantees and comply with strict conditions regarding confidentiality, use and data protection, for example via the US PrivacyShield.
The User consents to the data collected being transmitted by the Publisher to its partners and processed by these partners within the framework of the third-party services, namely :
4.4.2. Transfer on requisition or judicial decision
The User also consents to the Publisher communicating the data collected to any person, upon requisition of a state authority or judicial decision.
4.4.3. Transfer as part of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the User consents to the data collected being transmitted by the Publisher to this company and that this company is processing the personal data referred to in this privacy policy instead of the Publisher.
ARTICLE 5. TRACKING/COOKIE POLICY
When you first connect to the Publisher’s Site, you are warned by a banner at the bottom of your screen that information relating to your navigation may be stored in files called «cookies». Our cookie policy allows you to better understand the provisions we implement regarding navigation on our Site. It informs you in particular about all the cookies present on our Site, their purpose, and gives you the procedure to follow to set them.
5.1. Use of tracers/cookies
The Publisher of this Site may implement a cookie and other tracer on the hard disk of your terminal (computer, tablet, mobile, etc.) to ensure a smooth and optimal navigation on our website.
«Cookies» (or cookies) are small text files of limited size that allow us to recognize your computer, tablet or mobile for the purpose of personalizing the services we offer you.
To better inform you about the information that cookies identify, you will find below a table listing the different types of cookies that may be used on the Publisher’s site, their name, their purpose and their retention period.
5.2. Purpose of Tracers
With the help of the information contained in the trackers and cookies used the Editor can analyze the traffic and the use made of the Site and, if necessary, facilitate and improve navigation, carry out prospecting operations, develop commercial statistics or display targeted advertising.
5.3. Tracers used
Partner Purpose of processing Conditions of the partner
Shopify Secure zone access, history management https://www.shopify.com/legal/cookies navigation
5.4. Setting Your Cookie Preferences
When you first log in to the Publisher’s Site, a banner briefly presenting information about the deposit of cookies and similar technologies appears at the bottom of your screen. This banner allows you to make a choice as to which cookies you accept or refuse to deposit on your terminal. You will be deemed to have given your consent to the storage of cookies by clicking on the «I accept» icon, either globally or individually. Conversely, you will be deemed to have refused the deposit of cookies by clicking on the icon «I refuse», once again, this choice may concern all cookies, or only some of them. In the absence of choice, you will be deemed to have refused the deposit of cookies. Your decision will be recorded for 6 months and may be subject to change at any time.
5.4.1 Cookies exempt from consent
In accordance with the recommendations of the Commission Nationale de l'Informatique et des Libertés (CNIL), some cookies are exempt from the prior collection of your consent insofar as they are strictly necessary for the operation of the website or have the exclusive purpose of allowing or facilitating communication by electronic means. These include session ID cookies, authentication cookies, load balancing session cookies and personalization cookies for your interface. These cookies are entirely subject to this policy insofar as they are issued and managed by the Publisher.
5.4.2 Cookies requiring your prior consent
This requirement applies to cookies issued by third parties that are described as «persistent» insofar as they remain in your terminal until they are deleted or their expiry date.
As such cookies are issued by third parties, their use and storage are subject to their own privacy policies. This cookie family includes audience measurement cookies, advertising cookies and social media sharing cookies (such as Facebook, Twitter, Youtube and Instagram).
Audience measurement cookies provide statistics on the traffic and use of various elements of the Site (such as the content/pages you have visited). These data contribute to the improvement of the ergonomics of the Publisher’s Site.
5.5. Maximum Tracer Shelf Life
The trackers are intended to be kept on the User’s computer for a period of up to 12 months. These data are stored under secure conditions, according to the current means of technology, in compliance with the provisions of the General Data Protection Regulation and national legislation in force.
5.6. Objection to the Use of Tracers
5.6.1. Ability to object to the use of tracers
You can accept or refuse the deposit of cookies at any time.
The User can delete or deactivate the use of tracers whenever he wishes by modifying the settings of his browser. It is possible to consult the Site without tracers. However, certain ancillary functions of the Site may not work if the User has disabled the use of tracers, such as autocomplete forms or navigation indicators.
5.6.2. Settings
For more information about the tools for controlling cookies, you can consult here the dedicated page on the website of the Cnil.
5.6.2.1. Browser Settings
Each Internet browser offers its own cookie management settings. The User can configure his navigation software so that cookies are rejected, either systematically or according to their issuer. The User can also configure his navigation software so that his acceptance or refusal of cookies is offered punctually, before a cookie is likely to be saved on his terminal.
For the management of cookies and the choices of the User, the configuration of each browser is different. It is described in the browser’s help menu, which will show how to change your cookie preferences:
For Internet Explorer; For Safari;
For Chrome;
For Firefox; For Opera.
5.6.2.2. Configuration using add-ons
The User can also delete or oppose the installation of cookies on his computer by installing an extension on his browser, such as Ghostery, to download here.
ARTICLE 6. INTELLECTUAL PROPERTY
6.1. Legal Protection of Site Content
The Content of the Site may be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, complete or partial, carried out illegally and without the consent of the Publisher or its successors or successors in title constitutes a violation of Books I and III of the Intellectual Property Code and will likely give rise to legal proceedings for infringement
6.2. Contractual Protection of Site Content
The User contractually undertakes with respect to the Publisher not to use, reproduce or represent, in any way, the Content of the Site, whether or not they are protected by an intellectual property right, for any purpose other than reading by a robot or browser. This prohibition does not apply to crawlers whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 7. FINAL PROVISIONS
7.1. Amendments
This Privacy Policy may be modified at any time by the Publisher. The conditions applicable to the User are those in force when he connects to the Site. Any substantial changes to this Privacy Policy will be reported upon the User’s first login following their entry into force. This new privacy policy must then be subject to a new acceptance.
7.2. Full
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract in its entirety, which will retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of the present.
7.3. Non-renunciation
The absence of exercise by the Publisher of the rights granted to it hereunder shall in no case be interpreted as a waiver of the rights.
7.4. Languages
These conditions are offered in French.
7.5. Unfair Terms
The provisions of these conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
ARTICLE 8. DISPUTES
8.1. Applicable Law
This Privacy Policy is subject to the application of French law and European regulations, including the European Data Protection Regulation.
8.2. Litigation
Pursuant to Order No. 2015-1033 of 20 August 2015, any disputes that may arise in connection with the execution of these general conditions and the solution of which could not be found beforehand amicable between the parties must be submitted.
Since 1 January 2016, mediation is mandatory for all. Thus, any professional selling to individuals, is required to communicate the details of a competent Mediator in case of dispute, and this does not matter whether he sells remotely or in a physical store (Source: FEVAD).
CNPM Mediation Consommation / https://www.cnpm-mediation-consommation.eu/