Terms & Conditions
TERMS AND CONDITIONS – BUSINESS PRIVILEGE
Last modified: 7 July, 2022
Because this site is hosted in France, it is governed by French law.
Please read carefully the following Conditions of Use before using this site:
This site http://www.pnyprivilegeprogram.com (hereinafter referred to as the “site”) may only be used for information purposes and for placing orders in accordance with the terms and conditions of sale of the site. By using the site or downloading documents, you agree to comply with the Conditions of Use (hereinafter referred to as the “Conditions of Use”). If you do not agree to comply with these Conditions of Use, do not use the site or download any documents.
PNY Technologies Europe (hereinafter referred to as “PNY”) of which the registered office is located at 9 rue Joseph Cugnot BP 40181 33708 MÉRIGNAC Cedex, France.
These Conditions of Use may be updated, fully or partially, without warning. Therefore, please check these Conditions of Use regularly: if you continue to use this Site after a modification, this means that you accept the new conditions. If you do not agree to comply with these conditions or any future conditions, please do not use the Site or download any documents.
PNY may at any time change, suspend or abandon any features of the Site, including the availability of an article. PNY may remove, modify or change any content of the Site, including that of third parties. PNY may impose limits on certain articles and services or restrict your access to parts of or to the entire Site, without notice and without liability. PNY may end the authorization and the rights granted below and your use of the Site at any time at its sole discretion; in this case, you must immediately destroy any documents that you have downloaded from the Site. These Conditions of Use apply exclusively to your access and use of the Site and do not affect the terms and conditions of any agreement that you may have entered into with PNY or its parent companies, subsidiaries or sister companies on subjects other than the use of this Site.
I – RIGHT OF OWNERSHIP
Any content created by PNY on this Site, including, without limitation, texts, software, technical drawings, settings, graphics, other files, as well as their selection, design and development (“Content”), belong to PNY or to any other owner who has granted permission to PNY and constitute a Copyright 2022 PNY (“Copyright PNY”). All rights reserved. The Content may not be modified, copied, distributed, reused, reproduced, republished, downloaded, displayed, sent, transmitted or transferred in any form or by any means, in whole or in part, without the prior written consent of PNY. You may however download and print the Content, in whole or in part, for uses which do not compete with or override PNY, provided that you observe the copyright, or other proprietary notices. Please note that this strictly limited agreement may be revoked at any time and does not include an agreement for the republication or sale of the Content, in whole or part, or for any other website, Intranet or Extranet or incorporation of the Content, in all or part, in any other database or compilation, or in any other work which may be published or traded. Any use of the Content outside the authorized limits listed above is strictly prohibited. In addition, you agree to comply with the provisions of the French Intellectual Property Code concerning, amongst other things, the rights of database producers, and in particular not to extract, by a temporary or permanent transfer in any version and in any format, including by electronic means or any other means which is broadly qualitative or quantitative, any data from the databases contained in this Site, in whole or in part, including, without limitation, the identity of the customers and not to reuse in a way which is broadly qualitative or quantitative, any data, in whole or in part, in any version and in any format, for the purpose of making the said data available to the public. If you think that your copyright protected documents have been used in an abusive manner on this Site, please Contact Us.
All the trademarks on the Site are either trade names or registered trademarks of PNY or of its subsidiaries or licensees. They may not under any circumstances be reproduced, imitated or used, in whole or in part, without the prior written consent of PNY or its subsidiaries or licensees. Any headers, special graphics, buttons, and logos are service marks, hallmarks and / or trade dress of PNY or its subsidiaries, and may not be reproduced, imitated, or used, in whole or part, without the prior written authorisation of PNY or its subsidiaries. Other hallmarks, registered trademarks, product names, and company names and / or logos displayed on the Site are the property of their respective owners.
The products and processes of PNY referred to or sent to the Site are protected by one or more patents and / or are subject to another professional secret and / or any other right of ownership. PNY reserves all these rights. No transfer or assignment of any rights under the terms of these patents may be made or result from any provision of these Conditions of Use or any other provision contained in the Site. You agree not to infringe any of the rights listed above.
Any software, including any file, any image created by the software, any code, any source and destination, and data accompanying the software (hereinafter collectively referred to as “Software”), used or accessible through this Site may only be used by you for the purposes of accessing this Site and using it, in accordance with the conditions expressly listed in this Site, provided these uses do not compete with or override PNY. PNY reserves full and unencumbered rights and all the intellectual property rights associated with the Software. You agree not to copy, distribute, sell, modify or create works which are derived from any part of the Software and not to decompile, reverse, or disassemble the said software, unless otherwise legally required for interoperability purposes.
II – CONDUCT OF USER – GENERAL INFORMATION
By using this Site, you agree:
- Not to interrupt or hamper the security, or to misuse the Site, or any service, any system resource, any account, server or network connected or accessible via the Site of affiliated or related Web sites;
- Not to interrupt or hamper the enjoyment by any other user, of the Site or affiliated or related Web sites.
- Not to download, send or transmit on this Site or via it any viruses or dangerous files, which may have a disruptive or destructive effect.
- Not to use or attempt to use the account, service or system of a third party without the authorisation of PNY, and not to create or use a false identity on this Site.
- Not to send via or to this Site any spam, chat, advertising mail or any other type of spontaneous collective e-mails to people or entities who have not agreed to take part in this direct mailing.
- Not to disclose your username and password to third parties, whether within or outside the Site.
- Not to attempt to obtain unauthorized access to the Site or to parts of the Site for which access is reserved.
In addition, you agree to be solely liable for the actions and communications undertaken or transmitted by yourself, and to comply with any applicable local, state, national and international laws and provisions, including but not limited to the United States export restrictions, concerning your use or your activities on this Site.
III – INFORMATION ON THE CONTENT, THE PRODUCTS AND SERVICES OF PNY – LIMITATIONS
Any content available via the Site, including but not limited to, data, technical drawings, settings, information about the quotes and orders, is considered to be accurate. However, you must independently evaluate the accuracy of the information and the usefulness to your particular needs of any content, product or service available via the Site. The specifications for the products and services are liable to change without warning, and PNY reserves the right to make changes without warning with regard to the processing, documents, or configuration. PNY does not guarantee the availability of the products or services listed in its online catalogue at the time of your order.
IV – LINKS TO AND CONTENT FROM A THIRD PARTY
Links to other Web sites:
This Site may from time to time contain links to other Web Sites. These links are provided free of charge and do not constitute an approval, guarantee any recommendation by PNY, or any affiliation or association with PNY, or any responsibility on the part of PNY regarding the Web sites displayed in the links or any content, service or product available on or via these sites. If you decide to visit any of these sites, you agree to be solely liable and it is up to you take any protective measures against viruses or other destructive elements. The links do not imply that PNY or this Site is legally authorized to use any trademark, trade name, any logo or copyright symbol displayed or accessible through the links, or that any site shown in the links is authorised to use any trademark, trade name, any logo or copyright symbol belonging to us or belonging to our sister or subsidiary companies.
Links from other Web sites:
All the links to this Site must be approved in writing by PNY; However, PNY allows links in which: (1) the link is exclusively a text which only contains the title of the home page of this Site, (2) the link only “refers” to the home page of the Site and not to other pages, (3) the link, if it is activated by a user, displays this homepage of the Site in full screen version and not inside a “box” on the linked Website, and (4) the appearance, position, and other aspects of the link do not (i) create the false impression that an entity, its activities or products are associated with or sponsored by PNY or its subsidiaries, or (ii) do not harm or diminish the intangible assets associated with the name and the trademarks of PNY or its subsidiaries. Whatever the case, you agree that PNY reserves the right to withdraw at any time its agreement for a link, without reason or warning, and furthermore you undertake to destroy any link for which PNY has withdrawn its agreement.
Third party content:
This Site may occasionally contain documents, data or information provided, sent, or suggested by third parties, including but not limited to advertisements or mailings as part of the online community discussions. You agree to the fact that you may neither hold PNY or its subsidiaries liable in any way whatsoever in respect of any document, any data or information from third parties.
V – EXCLUSION OF LIABILITY
This site and its content are provided “in this state” and “depending on availability”.
In accordance with the broadest interpretation of current legislation, PNY and its subsidiaries forego any obligation to give guarantees of any kind, whether express or implied, including without limitation any guarantee of market quality, fitness for a particular purpose or non-infringement.
You expressly agree that you are solely liable for any use of this site, including any content, software, or any data distributed by, downloaded or accessed from or via the site. You agree that you are solely liable for any damage concerning your business, your computer systems or loss of data resulting from the downloading of this content, these data and / or this software.
You acknowledge that PNY does not have any control, in any respect, over the information, products or services provided by third parties via the site, unless otherwise agreed in writing. PNY and its subsidiaries accept no liability, provide no guarantee or procedures regarding the accuracy, term, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any product or service distributed or provided by third parties via the site.
PNY in no way guarantees that this site or its content will meet your requirements, or that this site or its content will be uninterrupted, appropriate, secure, or free of errors, or that any defects that there may be will be corrected. PNY also gives no guarantee concerning the results that may be obtained from the use of this site or of its content or as to the accuracy, completeness or reliability of any information obtained through the use of this site.
PNY may not be held liable in the event of damage suffered by a user, including, but not limited to, the loss of data due to delays, a non-delivery of content or of emails, errors, any non-productive period of the system, errors regarding delivery of content or emails, network or system losses, tampering with files, or service interruptions caused by the negligence of PNY, its subsidiaries, its licensees, or the errors and / or omissions of a user him or herself.
Unless otherwise stipulated under the terms of the current laws and provisions regarding the security of personal data, PNY may not act as a guarantor or representative in respect of maintaining the confidentiality of the information provided via the site.
No advice or information, either written or oral, that you may have obtained from PNY or third parties via the site may amount to a guarantee.
Certain States do not allow the limitation or exclusion of certain guarantees or conditions; some of the exclusions above may therefore not be applicable to your situation.
VI – LIMITATION OF LIABILITY
Under no circumstances, including, without limitation, negligence, may PNY or its parent companies, subsidiaries, sister companies, members of the management, directors, employees, agents or suppliers be held liable for direct, indirect, accidental, or ad hoc damage arising from or relating to the use of or inability to use this site or any content included in this site, or, unless stipulated otherwise under the terms of current laws and provisions regarding personal data security, resulting from unauthorized access or the tampering with your transmissions or data, or other information sent or received or not, including, but not limited to, damages for loss of profits, use, data or other intangible assets, even if PNY has been advised of the possibility of such damage. The parties acknowledge that this is a reasonable apportionment of risk.
Some States do not allow the limitation or exclusion of liability for indirect or accidental damage; some of the liabilities above may therefore not be applicable to your situation.
VII – GENERAL INFORMATION
These Conditions of Use are governed by French law subject to national, European Union, or international conventions and provisions for which the provisions are mandatory. In addition, any public policy provision concerning the protection of non-business users shall prevail over these Conditions of Use in the event of a dispute.
In the absence of a mutually agreed settlement, any dispute arising from the interpretation and / or performance of these Conditions of Use will be subject to the exclusive jurisdiction of the competent courts or the courts of Bordeaux.
These Conditions of Use constitute the entire agreement between you and PNY governing your use of the Site. Should any provision of these Conditions of Use be considered not valid or inapplicable for whatever reason, the said provision would be considered as separate and would not affect the validity or enforceability of the remaining provisions.
Please read carefully before using the site
Last modified : 7 July, 2022
COLLECTION AND USE OF PERSONAL INFORMATION
The information that PNY collects about you :
Depending on the products and services you use, we collect various types of personal information.
- Information that you provide: We collect the personal information that you provide (such as your name, your user name or your e-mail address) if you use our products and services, register on pnyprivilegeprogram.com, contact us and participate in promotional offers.
- Information concerning payments: If you make a purchase, we collect personal information about your purchase. This information includes payment information such as your credit or debit card number and other related information; other information about your account and for authentication purposes; and billing, shipping and contact information.
- Information about the use of our services and products: If you visit our Web sites, we may collect information about the type of device that you are using, the unique ID of your device, your computer’s IP address, your operating system, the type of Internet browser that you use, user information, analytical information, browser information, session summary information, file attributes, and location information coming from and concerning the computers, telephones or other devices on which you may install or access our products or services. We may collect some of this information automatically. If so, our staff may use GPS systems, your IP address or other technologies in order to determine the approximate location of your device so as to allow us to improve our products and services.
- Third party information: We may collect information provided by third parties, including business partners and marketing agencies. This information may include your contact details which are supplied by business partners when we participate in joint marketing or co-branding programs, as well as your IP address or your location information obtained from service providers which allows us to offer products and services which are suitable for your location, and the information from your social networks for confirming your use of products from us, or your access authorization regarding our products or services.
How PNY uses your personal information:
PNY collects, processes and determines how to process your personal information in its capacity as processing controller for the following purposes:
- Processing and satisfying your requests, supplying, improving and developing our products and services: We use personal information in order to help us to provide, improve and develop our products, our services and our advertising. If you participate in a lottery, a competition or any other promotion, we may use the personal information that you provide to manage these programs. Certain activities are subject to additional rules and we recommend that you read these rules before taking part.
- Communicating with you: If you ask us, and subject to your prior express consent, we (or any other PNY entity or any agent working on behalf of PNY entities) will send you information about our various products and services or other products or services which might be of interest to you. This information may include a system of alerts on product updates, special offers, updated information and other PNY products and services. If you no longer wish to receive notifications by e-mail for marketing purposes, please contact us so that you can be taken off the list of subscribers.
- Providing and evaluating advertising and targeted services: Subject to your prior express consent, we may use personal information to customize your experience with our products and services and to determine the effectiveness of our promotional campaigns.
- Promoting security: We use personal information to help verify the accounts and the activity of users, as well as to promote safety, for example by checking for fraud and investigating suspicious or potentially illegal activities or violations of our terms and conditions or policies. This processing is based on the legitimate interest that we have of helping increase the security of our products and services.
COOKIES AND SIMILAR TECHNOLOGIES
PNY Internet sites use “cookies” (limited size of file, usually consisting of letters and numbers, sent by the internet server to the cookie file of the browser located on your computer’s hard drive) which enables the browsing function. These “cookies” have the sole purpose of allowing or facilitating communication by electronic means and are strictly necessary for the provision of the online communication service.
You may delete or reject the cookies using the settings of your browser or your device, but in some cases, this may affect your ability to use our products and services.
DISCLOSURE OF PERSONAL INFORMATION
Personal information about you (such as your name, address, and telephone number) or about your order and the products that you have purchased, will neither be forwarded or sold to any external organization for marketing or canvassing purposes without your consent.
We share personal information with companies that provide services on our behalf, such as the Web site hosting company; electronic messaging services; marketing; sponsorship of draws, competitions and other promotions; audits; processing of payments; processing of customer orders; data analysis; customer support services; research and customer satisfaction surveys; and other services which help to sell our products and services. These companies are under obligation to protect your information and may be located at any place where we work.
Your information may be shared with other PNY entities, agents or partners who carry out services for PNY, such as PNY service providers, commercial sub-contractors and financial institutions. As appropriate, PNY will ensure that the information is used in connection with the services which these parties perform for PNY and that this information is kept confidential.
PNY may transfer your personal information to sister companies in the United States, such as PNY Technologies, Inc. In order to provide adequate protection for your personal information when it is transferred to the United States, we have set contractual rules with our sister companies in the United States.
Legal compliance and security
PNY will only disclose your personal information in accordance with what is stipulated or allowed by applicable law, if this is ordered or required by a court or a governmental authority, and if need be in each jurisdiction, or to ensure that we are in compliance with our legal obligations.
We may disclose personal information if we believe that the disclosure is necessary or appropriate for the purposes of national security, for compliance with laws, or other issues of public importance. We may also disclose personal information if we consider, in good faith, that the disclosure is reasonable and necessary for protecting our rights and for taking legal action available to us, for enforcing our general terms and conditions, for investigating fraud, or for protecting our operations or our users.
We take reasonable steps to ensure that your personal information is accurate, complete and up-to-date. Depending on where you live, you are entitled to the rights described below.
- Right of access: you are entitled to obtain confirmation that your personal data are or are not being processed and if they are to be provided with the information concerning you.
- Right of rectification: you are entitled to have any inaccurate or incomplete information about you rectified.
- Right to withdraw your consent: you may, for processing which is carried out based on consent, withdraw the consent that you gave for the processing.
- Law of limitation of processing: you are entitled to have the processing of personal data suspended while an audit is carried out, or if the processing is illegal but you are opposed to the personal data being deleted.
- Right to decide on the guidelines governing the fate of your data after your death.
- Right to be removed or forgotten: you are entitled to obtain the removal of your personal data should any of the following reasons apply: (i) the data are no longer needed for the purposes for which they were collected; (ii) you withdraw your consent to the processing and there is no other legal basis for the processing; (iii) you oppose the processing of your personal data and there is no compelling legitimate reason for your data to be processed; (iv) the processing of the data is illegal; (v) the data must be deleted in order to comply with a legal obligation.
- Right to portability: you are entitled to obtain personal data that you have provided in a structured format or you may ask PNY to send them to another processing manager. This law is applicable if the processing is based on your consent or on the performance of a contract, and if it is carried out using automated processes.
- Right to lodge a complaint with the National Commission for Information Technology and Civil Liberties (CNIL): you are entitled to lodge a complaint with the CNIL if you consider that PNY does not meet its obligations as required under the regulations concerning the protection of personal data.
This means, that you are entitled to access the personal information that we collect, to correct or remove it. You may also at any time oppose the future processing of your personal information, or restrict such processing. You are entitled to receive your personal information in a structured and standard format. In order to protect the confidentiality and security of your personal information, we may ask you for information that allows us to confirm your identity and your right to access this information, and to search for and provide you with the personal information that we keep.
You may contact us to exercise your rights. We will reply to your request within a reasonable timeframe, and in any case in less than 30 days.
THIRD PARTY WEB SITES AND SERVICES
SECURITY, INTEGRITY AND STORAGE OF INFORMATION
You must take precautions to guard against unauthorized access to your PNY products, your account information, and your computers and other devices. If you feel that the security of your account or your personal information has been compromised, please contact us immediately. In the event of a security breach, we will inform you promptly, as well as the relevant authorities if we are required to do so by law.
Your personal data are stored for the time necessary for completing the purposes for which they were collected and for the minimum storage time required by applicable law in particular civil and commercial legislation. Personal data may be archived beyond the storage period described above in order to meet a legal obligation regarding retention or to assert a right in court.
ZAC du Phare
9 rue Joseph Cugnot