Legal Notice

Definitions

Client: Any professional or natural person who is legally capable within the meaning of Articles 1123 and following of the Civil Code, or any legal entity, who visits the Site subject to these general terms and conditions.
Services: https://fyteko.com/ provides Clients with:

Content: All elements constituting the information present on the Site, including texts, images, and videos.

Client Information: Hereinafter referred to as “Information,” which corresponds to all personal data that may be held by https://fyteko.com/ for the management of your account, customer relationship management, and for analysis and statistical purposes.

User: Internet user connecting to and using the aforementioned site.

Personal Information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978).

The terms “personal data,” “data subject,” “processor,” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).

1. Presentation of the Website.

Pursuant to Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the website https://fyteko.com/ are informed of the identity of the various parties involved in its creation and monitoring:

Owner: SA Fyteko – Allée de la Recherche 4 1070 Brussels
Publication Manager: Gwendoline Clotuche – contact@fyteko.com
The publication manager may be a natural or legal person.
Webmaster: Appartement 303 – contact@appartement303.com
Host: PlanetHoster – 4416 Louis-B.-Mayer Laval H7P 0G1 Québec Canada Tel.: FR:+33 1 76 60 41 43
Data Protection Officer: Data Protection Officer – contact@fyteko.com

2. General Terms of Use of the Site and Services Offered.

The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The Client may not in any way reuse, transfer, or exploit for their own account all or part of the elements or works of the Site.

Use of the website https://fyteko.com/ implies full acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time, and users of the website https://fyteko.com/ are therefore invited to consult them regularly.

This website is normally accessible to users at all times. An interruption for technical maintenance may, however, be decided by https://fyteko.com/, which will endeavor to inform users in advance of the dates and times of the intervention.
The website https://fyteko.com/ is regularly updated by the responsible party. Similarly, the legal notices may be modified at any time: they nevertheless apply to the user, who is invited to refer to them as often as possible to remain informed.

3. Description of Services Provided.

The website https://fyteko.com/ aims to provide information about all the company’s activities. https://fyteko.com/ strives to provide information on the website that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies, or shortcomings in updates, whether caused by it or by third-party partners providing such information.

All information provided on the site https://fyteko.com/ is given for indicative purposes and is subject to change. Furthermore, the information on the site is not exhaustive and is provided subject to changes having been made since it was put online.

4. Contractual Limitations on Technical Data.

The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. In addition, the user agrees to access the site using recent equipment, free of viruses, and with an up-to-date, modern browser. The site https://fyteko.com/ is hosted by a provider within the European Union, in accordance with the provisions of the GDPR (No. 2016-679).

The objective is to provide a service ensuring the best accessibility rate. The host ensures the continuity of its service 24/7 throughout the year. However, it reserves the right to interrupt the hosting service for the shortest possible durations, in particular for maintenance purposes, infrastructure improvement, infrastructure failure, or if the Services generate traffic deemed abnormal.

https://fyteko.com/ and its host cannot be held responsible in case of malfunction of the Internet network, telephone lines, or computer and telephony equipment, particularly due to network congestion preventing access to the server.

5. Intellectual Property and Counterfeiting.

https://fyteko.com/ owns the intellectual property rights and holds usage rights on all elements accessible on the website, including texts, images, graphics, logos, videos, icons, and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited unless prior written authorization has been obtained from https://fyteko.com/.

Any unauthorized use of the site or any of its elements will be considered as infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of Liability.

https://fyteko.com/ acts as the publisher of the site. https://fyteko.com/ is responsible for the quality and accuracy of the Content it publishes.

https://fyteko.com/ cannot be held responsible for direct or indirect damage caused to the user’s equipment when accessing the website, resulting either from the use of equipment that does not meet the specifications mentioned in point 4, or from the occurrence of a bug or incompatibility.

https://fyteko.com/ cannot also be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site. Interactive spaces (possibility to ask questions in the contact space) are available to users. https://fyteko.com/ reserves the right to remove, without prior notice, any content posted in this space that would contravene applicable legislation in France, in particular provisions relating to data protection. Where applicable, https://fyteko.com/ also reserves the right to invoke the civil and/or criminal liability of the user, particularly in the event of racist, abusive, defamatory, or pornographic messages, regardless of the medium used (text, photograph, etc.).

7. Management of Personal Data.

The Client is informed of the regulations concerning marketing communication, the Law of June 21, 2014, for confidence in the Digital Economy, the Data Protection Act of August 6, 2004, and the General Data Protection Regulation (GDPR: No. 2016-679).

Data Controller: For Personal Data collected in connection with the creation of the User’s personal account and their navigation on the Site, the data controller is: Fyteko SA.
https://fyteko.com/ is represented by its legal representative, Gwendoline Clotuche.

As the controller of the data it collects, https://fyteko.com/ undertakes to comply with the legal provisions in force. It is notably the Client’s responsibility to establish the purposes of their data processing, to provide their prospects and clients, starting from the collection of their consent, with complete information on the processing of their personal data, and to maintain a register of processing in accordance with reality.

Whenever https://fyteko.com/ processes Personal Data, it takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which it processes them.

8. Purpose of the collected data

https://fyteko.com/ may process all or part of the data for the following purposes:

• To allow navigation on the Site and the management and traceability of services ordered by the user: connection and site usage data, invoicing, order history, etc.
• To prevent and combat computer fraud (spamming, hacking, etc.): hardware used for navigation, IP address, password (hashed)
• To improve navigation on the Site: connection and usage data
• To conduct optional satisfaction surveys on https://fyteko.com/: email address
• To carry out communication campaigns (email): email address

https://fyteko.com/ does not sell your personal data, which are only used out of necessity or for statistical and analytical purposes.

9. Right of access, rectification, and opposition

In accordance with current European regulations, Users of https://fyteko.com/ have the following rights:

• Right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating, completeness of Users’ data; the right to block or erase personal data (Article 17 GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited
• Right to withdraw consent at any time (Article 13-2c GDPR)
• Right to limit data processing (Article 18 GDPR)
• Right to object to data processing (Article 21 GDPR)
• Right to data portability for data provided by Users, when such data are subject to automated processing based on their consent or a contract (Article 20 GDPR)
• Right to define the fate of Users’ data after their death and to choose to whom https://fyteko.com/ should communicate (or not) their data to a third party they have previously designated

As soon as https://fyteko.com/ becomes aware of a User’s death and in the absence of instructions from them, it undertakes to destroy their data, unless their retention is necessary for probative purposes or to meet a legal obligation.

If the User wishes to know how https://fyteko.com/ uses their Personal Data, request to rectify it or object to its processing, they can contact https://fyteko.com/ in writing at the following address:

Fyteko SA – DPO
Allée de la Recherche 4, 1070 Brussels
Or by email: contact@fyteko.com

In this case, the User must indicate the Personal Data they wish to correct, update, or delete, identifying themselves precisely with a copy of an identity document (ID card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on https://fyteko.com/ by law, especially regarding document retention or archiving. Finally, Users of https://fyteko.com/ may lodge a complaint with the supervisory authorities, particularly the CNIL (https://www.cnil.fr/en).

10. Non-disclosure of personal data

https://fyteko.com/ refrains from processing, hosting, or transferring the Information collected about its Clients to a country located outside the European Union or recognized as “non-adequate” by the European Commission without prior notice to the client. However, https://fyteko.com/ remains free to choose its technical and commercial data processors provided they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

https://fyteko.com/ undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Client’s Information is brought to the attention of https://fyteko.com/, it must inform the Client as soon as possible and communicate the corrective measures taken. Furthermore, https://fyteko.com/ does not collect any “sensitive data”.

The User’s Personal Data may be processed by subsidiaries of https://fyteko.com/ and subcontractors (service providers), exclusively to achieve the purposes of this policy.

Within the limits of their respective responsibilities and for the purposes mentioned above, the persons likely to have access to Users’ data of https://fyteko.com/ are mainly employees of our customer service.